Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutVOGEL CONCRETE INC - CONTRACT - BID - 5522 CONCRETE PROJECT PHASE II (2)I i SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONCRETE PROJECT- PHASE QI BID NO. 5522 ITS=, BID OPENING: PURCHASING DIVISION 256 WEST MOUNTIAN AVE., FORT COLLINS JULY 7, 2000 - 3:30 P.M. (OUR CLOCK) 3.2. In accordance with Section 8-159 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time _ specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due " to the City. 1. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be 7/96 Section 00100 Page 2 0 W n M T9i pk4 C �h e R: for Payment or otherwise). ENGINEER's written decision thereon Iwill be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers Ito 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 witiun the time limits and in accordance with the procedures set forth in ExhibitlGC-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 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. 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 1 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 bel delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such) claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within I 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 writtenj decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless- (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written) notice of intention to appeal from ENGINEER's wnttenl decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 912 When functioning as interpreter and judge under paragraphs 9 10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter �r.;uant te-�-ro 9.13. Limitations on ENGINEER's Authority and Responsibilities: 913 1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.132. 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 fumish 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 mamtenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 1412 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants ARTICLE 10—CHANGES IN THE WORK 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 authonzed by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). (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 Written Agreement are not valid. 102. 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 ARTICLE 11—CHANGE OF CONTRACT PRICE 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 9 104 OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Wntten Amendments) covenng. 104.1 changes in the Work which are (1) ordered by OWNER pursuant to paragraph 10.1, (h) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13 14, or (iii) agreed to by the parties; 10.42. changes in the Contract Price or Contract Times which are agreed to by the parties, and 104.3 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 FJCDC GENERAL CONDMONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 112 The Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's wntten 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 Pnce will be valid if not submitted in accordance with this paragraph 112. 113, The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows• 11.3.1 where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 0 ( �8 �1 k paragraphs 11.9.1 through 11.9.3, inclusive); 11312. where the Work involved is not covered by unit 1prices 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); 11313. 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 114 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 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 lof 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 n t 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 and - n benefits« -;�s, ".." and hell i.... pay applicable thereto The expenses of performing Work after regular woiking hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by WNER. 11 , .2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 114.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, 24 EJCDC GENERAL CONDITIONS 1910-8 (1990 Mtion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 115, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 114.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 114.5. Supplemental costs including the following: 11 4.5 1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work. 11 4.5 2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11453. 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 11.4.5.6 Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and famishing 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 116.2. 11 4.5 7 The cost of utilities, fuel and sanitary facilities at the site. 11.45 8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11 4.5 9 Cost of premiums for additional Bonds and insurance required because of changes in the Work 11.5 The term Cost of the Work shall not include any of the following: 115.1. 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 114 1 or specifically covered by paragraph 114 4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site_ 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against 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 114.5 9 above). EJCDC GENERAL, CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 115 5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 1156 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4 116 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 based on the following percentages of the various portions of the Cost of the Work. 11621 for costs incurred under paragraphs 11.4 1 and 11.4 2, the CONTRACTOR's fee shall be fifteen percent; 116.22. for costs incurred under paragraph 114 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, 114 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 114 1 and 114 2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of &ve pereent of the ameunt id the ...,xt !ewer tier Sube,..,tFaet„_; to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 1162.4 no fee shall be payable on the basis of costs itemized under paragraphs 11.4 4, 11.4.5 and 11.5, 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease, and 11.62.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11 6.2.5, inclusive. 117 Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11.4 and 115, CONTRACTOR will establish and maintain records thereoflin accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash 11 8. 1 It is understood that CONTRACTOR has included in the I 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 11I81. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes, and 11 I8 2. CONTRACTOR's costs for unloading and hazidling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued Ias 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. 1119.1. 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. 9 2. Each unit price will be deemed to include an count considered by CONTRACTOR to be adequate cover CONTRACTOR's overhead and profit for ;h separately identified item .9.3.OWNER or CONTRACTOR may make a Lim for an adjustment in the Contract Price in ordance with Article 11 if: 11.9 3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 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. 119.34. 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. ARTICLE 12—CHANGE OF CONTRACT TEWES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12 1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and 26 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CTTY OF FORT COLLINS MODIFICATIONS (REV 42000) within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR below shall be paid as provided in said paragraph 13 9, and 124 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 Tunes (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 (n) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13 Access to Work: 13.2 OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasenable tifne for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable Tests and Inspections: 13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13 4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except. 13.4.1. for inspections, tests or approvals covered by paragraph 13 5 below, 13.42. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 13.4.3. as otherwise specifically provided in the Contract Documents 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work 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. 137. 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. 139 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 a 2 H, J 0 n H`4 uncovering, exposure, observation" inspection, testing, replacement and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNERI May Stop the Work: 13 10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work. 13 11 If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defectrve Work, whetherlor 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 yeas two years after the date of Substantial Completion or such longer period of time as mayl be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of othi ) 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 1.2.3 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 yeas two year after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13 13 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a 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 clauns, costs, losses and EJCDC GENERAL CONDITIONS 1910-9 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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: 141. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment. 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER The amount of 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 payment form the CONTRACTOR exoressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et sea. CONTRACTOR Is 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 Payment. 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 191 o-s (1990 Edmon) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14 7) become due and when due will be paid by OWNER to CONTRACTOR. 145 ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14 5 1 the Work has progressed to the point indicated, 14.5 2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3 the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 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 furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 El� 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 Writ 14.7 defer pars, 147 occu para iNE'. )min 14.7 acco of th the Contract Price has been reduced by n Amendment or Change Order, . OWNER has been required to correct ,ve Work or complete Work in accordance with aph 13.14, or ENGINEER has actual knowledge of the ence of any of the events enumerated in aphs 15 2.1 through 15.2.4 inclusive may refuse to make payment of the full amount ided by ENGINEER because . claims have been made against OWNER on it of CONTRACTOR's performance or furnishing Work, 14.716. 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, 14J!7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.718. 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 thro i gh 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 Ifor such action. 148. ready OWNI is sub; listed t ENGR Within CONT of the ENGIf comple writing Completion: When CONTRACTOR considers the entire Work )r its intended use CONTRACTOR shall notify 2 and ENGINEER in writing that the entire Work antially complete (except for items specifically i CONTRACTOR as incomplete) and request that EER issue a certificate of Substantial Completion a reasonable time thereafter, OWNER, :ACTOR and ENGINEER shall make an inspection Work to determine the status of completion. If EER does not consider the Work substantially e, ENGINEER will notify CONTRACTOR in 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 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: 1410 Use by OWNER at OWNER`s option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 30 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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. 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. 1412. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (u) 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 EICDC GENERAL CONDITIONS 1910.5 (1990 Edition) w/ CrT y OF FORT COLLINS MODIFICATIONS (REV 42000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Project manual. Final Payment and Acceptance: 14.13. Ii; on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14 15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6.2 of these General Conditions 14.14 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the 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 31 I indicated in or required by the Contract Documents, and that. the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement ,and furnish the required contract security within 15 days of the Notice of Award, OvTNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty- first day after the Bid Opening, whereupon Bid Security furnished by such ' Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7/96 Section 00100 Page 3 i fina inspection pursuant to paragraph 1411, from CONTRACTOR but which are stored elsewhere, and faili re to comply with the Contract Documents or the finish the Work as OWNER may deem expedient. In such terry s of any special guarantees specified therein, or case CONTRACTOR shall not be entitled to receive any fron CONTRACTOR's continuing obligations under further payment until the Work is finished If the unpaid frill the ontract Documents; and balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of 14 15.2 A waiver of all claims by CONTRACTOR or resulting from completing the Work such excess will be aga nst OWNER other than those previously made in paid to CONTRACTOR. If such claims, costs, losses and wn ing and still unsettled damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed ARTIC E 15—SUSPENSION OF WORK AND by ENGINEER as to their reasonableness and when so TERM ATION 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. OWNE May Suspend Work: 15.3. Where CONTRACTOR's services have been so 15 1. t any time and without cause, OWNER may terminated by OWNER, the termination will not affect suspend more the Work or any portion thereof for a period of not han ninety days by notice in writing to any rights or remedies 0f CONTRACTOR then existing or OWNER against which thereafter CONTI and ENGINEER which will fix the date accrue Any retention or may due .ACTOR payment of moneys on whi h Work will be resumed. CONTRACTOR shall CONTRACTOR by OWNER will not release resume a Work on the date so fixed. CONTRACTOR CONTRACTOR from liability. shall be allowed an adjustment in the Contract Price or an j extensi n of the Contract Times, or both, directly 154. Upon seven days' written notice to attribut ble to any such suspension if CONTRACTOR CONTRACTOR and ENGINEER, OWNER may, makes an approved claim therefor as provided in without cause and without prejudice to any other right or Article 11 and 12. remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without OWNE May Terminate: duplication of any items): 15.2 pon the occurrence of any one or more of the 15.4 1. for completed and acceptable Work executed followi g events: in accordance with the Contract Documents prior to the effective date of termination, including fair and 15. 1. if CONTRACTOR persistently fails to perform reasonable sums for overhead and profit on such the 'Work in accordance with the Contract Documents Work; (me uding, but not limited to, failure to supply sufficient skill d workers or suitable materials or equipment or 15 4.2 for expenses sustained prior to the effective fail re to adhere to the progress schedule established date of termination in performing services and and r paragraph 2.9 as adjusted from time to time furnishing labor, materials or (equipment as required pu ant to paragraph 6 6), by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for 15..2 if CONTRACTOR disregards Laws or overhead and profit on such expenses; �1 Re lations of any public body having jurisdiction, 15 4.3. for losses all claims, costs, and damages 15. .3. if CONTRACTOR disregards the authority of incurred in settlement of terminated contracts with EN INEER; or Subcontractors, Suppliers and others; and 15. A. if CONTRACTOR otherwise violates in any 15 4.4. for reasonable expen les directly attributable substantial way any provisions of the Contract to termination. Documents; CONTRACTOR shall not be paid on account of loss of O R may, after giving CONTRACTOR (and the anticipated profits or revenue of other economic loss surety, if any) seven days' written notice and to the extent arising out of or resulting from such termination. perms d by Laws and Regulations, terminate the services of CO TRACTOR, exclude CONTRACTOR from the site CONTRACTOR May Stop Work Terminate. and e kpossession of the Work and of all Ir CONT CTOR's tools, appliances, construction 15 5. If, through no act or fault of CONTRACTOR, the equip ent and machinery at the site and use the same to Work is suspended for a period of more than ninety days the fuI extent they could be used by CONTRACTOR by OWNER or under an order of court or other public (witho t 1lability to CONTRACTOR for trespass or authority, or ENGINEER fails to Tact on any Application conver ion), equipn ent incorporate in the Work all materials and stored at the site or for which OWNER has paid for Payment within thirty days after OWNER fails for thirty days to pay it is submitted or CONTRACTOR any ry 32 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edison) w/ CITY Of FORT COLLINS MODIFICATIONS (REV 4/2000) 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 subrnitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' wntten 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 I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9 10, 9 11 and 912, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute ARTICLE 17—MISCELLANEOUS Giving Notice. 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time. 172 1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EiCDC GENERAL CONDMONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 17.2 2 A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 173 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 parry's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6 12, 6.16, 6 30, 6 31, 6 32, 13.1, 13.12, 13 14, 14 3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise unposed 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, 17.6.2. If a claim is filed, OWNER is required by law (CRS 38-26-107) to withhold from all pavments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 Hi LI 34 subcon actors in or about the performance of the Work. Such nds must be withheld until said claims have or such claims as filed have been withdrawn, Eid vment or withdrawal to be evidenced by films with WNER a receipt in full or an order for withdrawal inwriting and signed by the person filing such a claim or his duly authonzed agents or assigns. Such nds shall not be withheld longer than nine 90 days following the date fixed for final settlement, as publis ed in a public newspaper in accordance with the law u less an action is commenced within that time to enforc such unpaid claim and a notice of lis pendens is filed ivith the OWNER. At the expiration of such ninety' 90 day enod OWNER shall pay to CON RACTOR such moneys and funds as are not the sub e t of suit and lis pendens notices and shall retain only sufficient funds to insure the pavment of judge ents which may result from the suit. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/200 (This page left blank intentionally ) EJCDC GENERAL COMMONS 1910-8 (1990 EdLbon) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 36 ETCDC GENERAL. CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) EXHU31T 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 wntten 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 institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations EJCDC GENERAL CONDMONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4 Except as provided in paragraph 16 5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16 4 1 the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16 4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16 4 3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent 16.5 Notwithstanding paragraph 16 4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may loin 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 I6.5 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. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes'), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16 6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -Al 4�9 Q 347 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edmon) GC -Al w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 9 LI SECTION 00800 SUPPLEMENTARY CONDITIONS I N riJ} PP SECTION 00800 SUPPLEMENTARY CONDITIONS aConditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5 4.8 Limits of Liability A Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5 4.1 and 5.4.2 Coverage A - Statutory Limits QCoverage B - $100,000/$100,000/$500,000 5.4.3 and 5 4 5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy Q will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12 3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule 0 days lost due to abnormal weather conditions Eel lJ F 00800-1 ffEl us A I N a SECTION 00900 aADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment Q 9/99 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance - after the effective date of the Agreement as provided in the General _ Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by - OWNER prior to the Notice of Award will be required in the performance of the work. 7/96 Section 00100 Page 4 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONCRETE PROJECT PHASE II, BID NO. 5522 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 P2NDING CHANGE ORDER 0.00 TOTAL T-4IS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assu ling all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE Project Manager REVIEWED BY Title. APPROVED BY Title: APPROVED BY: Purchasing Agent over $30,000 Cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 DATE: DATE DATE Section 00950 Page 1 F R ff�bl uInsert pages 1 - 4 Section 00960 Application for Payment I P n 2. `o G G o- o� � :zz Q m m cC y 0 c O }g• N A C G a�nni Z z-ecz a G Q 3 9 N N N N M N N M YM N Y Y M M N N M M M M M Y Y M N M N M N M M M M O O C O Q p O C C 0 0 0 0 0 0 C O p O O C O p O O p O O C O C O C 0 S 88S8S�S&a'S°S°SSRS€oSSjSSSSB$,gSSSS N N N N M N N M M N N N N N LAN N N N M M N M N« N N N M N N M N o � o Q o p o o p Q o o p p p p o o c o c o o c o c o o p p o p o 8888S8o�o88Ea'8=�S8n8�8o'3$S�S88$"a$ N M M N N N N N N N« N N N c N N N N N N N N N N N Y N M N N N N O O O O p p p p Opp p p p O C p p O C p 0 0 0 O C O p Q O p p p SS$S88S�S888884888$S8S$S$8588$$8S Y N N wl M M« M N M M M M M N M N M N M N N N Y M M M M M M N M M c o c o c c c c c c a c o o c o 0 0= e c c c e c o o c o c o c o ^S�SggScc�o��'a�o$nS oc3'^53��Sa��o�go N M N N M N M N Y N N N N N Y N N M N N N N C O C�� n o S o o c o S c 3 a $ c L PA F i L INV R 0 �i s 0 LJ O fw p[p Q• a � C M O M O NMNNN.ANMNNM o0 p 0 O O O O O O O O G O 0 o 0 pop S S SS$B��SSS$SS�8S C R v v 6 N O M O N N M NM MN MM M M M N N M 0 0 COO O O O O C O O G O O p S o c S cc N O N NMNMMNNNM N.wNNNN OOp O O O O O O O O O O O O Q p oCQ C ppO O b >' aT n •N N • C M Q N N N N M M NN N N N M M M O O O C O C O O C O O O C O O � , S S SSSOGfCSSSSSSSSS i c o =_a •= 6 S S C.CC M O M O NNMM�ANNNNMMMMMM C O gi a b� S BSZsa cSSSSS�SSSS"S' eaC O x a _ K F� u 1 LI u IJ M p m I R I E C R N 2000 CONCRETE PROJECT - PHASE H GENERAL REQUIREMENTS INDEX - y SECTION PAGE NUMBERS 01010 Summary of Work General Reqs 1-2 01040 Coordmation General Reqs 3-4 01310 Construction Schedules General Reqs 5-6 01330 Survey Data General Reqs 7 01340 Shop Drawings General Reqs 8-10 01410 Testing General Reqs 11-12 01510 Temporary Utilities General Reqs 13 01560 Temporary Controls General Reqs 14-15 01700 Contract Closeout General Reqs 16 01800 Method of Measurement and Basis of Payment General Reqs 17 C] F L W Im U0 SECTION 01010 SUMMARY OF WORK 1 1 DESCRIPTION OF WORK A. This work shall consist of removal and/or installation of concrete curbs, gutters, sidewalks, crosspans, aprons, drive approaches and pedestrian access ramps on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Protection and Restoration. 1. Replace to equal orbetter conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services tx=use of such work The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. a C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Rick Richter and/or Erika Keeton be the ENGINEER Engineer/Manager). will (Project Rick Richter 970-221-6798 Mobile/Pager 970-222-1132 Erika Keeton 970-221-6605 Mobile/Pager 970-222-0787 F. Names and telephone numbers of affected agencies and utilities in the area arc: listed below for Contractor's convenience. 0 aGeneral Requirements - Page 1 of 17 �l UTILITIES Water: City of Fort Collins, Colorado 221-6681, Meter Shop 221-6759 Storm Sewer. City of Fort Collins, Colorado 221-6589 Sanitary Sewer. City of Fort Collins, Colorado 221-6681 Electrical: City of Fort Collins, Colorado 482-5922, 221-8553 Gas: Public Service Company of Colorado 482-5922, 221-8553 Telephone- U.S. West Communications 494-0300, 226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: TCI Cablevision 493-7400 'Utility Locates Under One -call System 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-0581 Emergency: 911 Pohce: City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Postmaster - US Postal Service - Judith Robertson: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6608 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 General Requirements - Page 2 of 17 0 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. ' 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. y 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda `� (the numbers of which must be filled in on the Bid Form) 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so .initialed. 11.8. The address and telephone number for communications regarding the £ Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. L3.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders 7/96 Section 00100 Page 5 14 SEC17ION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor's contracL B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.4 CONFERENCES A. A Preconstruction Conference will be held prior to the start of construction. L Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. :2. Contractor shall designatetintroduce Superintendent, and major Subcontractors supervisors assigned to project. :3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. B. .Additional project coordination conferences will be held prior to start of construction for coordination of the 'Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.5 PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. :2. Owners Representatives. :3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor .5. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Page 3 of 17 {V LJ C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3 Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17 8 I L A 0 0 0 0 L 51 0 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the preconstruction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. Tlie schedule must show how the street, landscaping and various utility work will' be coordinated 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17 0 1.5 OWNER'S RESPONSIBILITY A Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements - Page 6 of 17 L 0 L (J Q 0 0 L G' I SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A The Owner will provide the construction surveying for the street and landscaping improvements. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. C. IF the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the surveypersonnel to work overtime, the Contractor shall pay the additional overtime expense. E. T'he Contractor shall protect all survey monuments and construction stakes. Fit is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re - staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 7 of 17 0 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Engineer, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows. 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept, complies with " the information given in the Contract Documents and is acceptable for incorporation in the Work Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. `J 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. L General Requirements - Page 8 of 17 0 a4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general informat on but not for substance. 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. 3. Relation to adjacent or critical features of the Work or materials. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof; manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Engineer to determine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, and diagrams: schematics 1. 2. Delete information not applicable to the Work. Supplement standard information to information specifically applicable to the Work. provide C. Format 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 %:" x 11". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are famished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. Q 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. aGeneral Requirements - Page 9 of 17 g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.3 SUBMISSION REQUIREMENTS A Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.4 RE -SUBMISSION REQUIREMENTS A Make corrections or changes required by Engineer and resubmit until accepted. B In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions. D. Shop Drawings. 1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wrong and piping layouts. END OF SECTION General Requirements - Page 10 of 17 I SECTION 01410 TESTING 1.1 GENERAL A Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. a C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with ZN the latest standards and tentative methods of the American Society for Testing Materials (ASTM). e D_ Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing ibr the following: 1. Soil tests, except those called for under Submittals thereof 2. Texts not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. 3T 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including; tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. y, 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor's control system shall specifically include all testing required by the various sections of these Specifications. aGeneral Requirements - Page 11 of 17 a B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION General Requirements - Page 12 of 17 Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL, OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. ` 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and - return the Bid Security prior to that date. 7/96 Section 00100 Page 6 C 0 10 �I C� Ci 0 0 0 0 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. D. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs ofconstruction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 13 of 17 SECTION 01560 . . TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m.p 1.2 DUST CONTROL ^ A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. 13. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of nmoff. b. Trapping of sediment c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Colhns' Storm Drainage Erosion Control Manual. — General Requirements - Page 14 of 17 C a1.5 'TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins' "Work Area Traffic Control Handbook", and the City of Fort Collins' "Design Critena and :standards for Streets", Part 2, General Requirements, Subsection 1.4, "Barricades Warning Signs, Signal Lights". In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern t 1.6 HAUL ROUTES 7'he Engineer reserves the nght to set haul routes in order to protect pavements, both new and old, from heavy Inds. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION rj 0 Nrl RN 0 0 0 C 0 General Requirements - Page 15 of 17 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A_ Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance END OF SECTION General Requirements - Page 16 of 17 r Fi FfJ A N I 9 N jrgl f �I a N 9 n SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1 1 DEFECTIVE WORK A- Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance 12 BID PRICE A_ The Total Bid Price covers all Work required by the Contract Documents All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools, and performing all labor and supervision to fully complete the Work C Unit prices shall govern over extensions of sums D. Unit prices shall not be subject to renegotiation 13 ESTIMATED QUANTITIES A_ pal quantities stipulated in the Bid Form at umt prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work The basis of payment shall be the actual amount of materials furnished and Work done B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Requirements - Page 17 of 17 C SECTION 02000 PROJECT SPECIFICATIONS i The Colorado Division of Ihghways "Standard Specifications for Road and Budge Construction", 1999, (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the rmmmum Standard Specifications of Compliance for this prolecL In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern 0 INDEX 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 Cleating and Grubbing 212 Seeding, Fertilizer, and Sodding 403 Patching 604 Inlets 608 & 609 Sidewalks, Curb and Gutter, Drive Approaches, Aprons, Crosspans, and Concrete Pavement 614 Traffic Control Devices 0 K I f R 0 1 0 wi 71 Lt>1 0 L=: 0 L O REVISION OF SECTION 104 TRAFFIC AND PARING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: Subsection 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 Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take plan. at least 24 hours prior to the commencement of work and shall clearly show the type of work, and the day, date and ties that the message on the sign is in effect. (For example, jf a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 am. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is 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 Engineer 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 this 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 tabulation 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. Project SpeciScaliom - Page I of 25 a r000>' 1 OL 7mmOO AM = 60MOO PM Project specifim_Page !of 25 s 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 New 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. aAlso, the Contractor 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 0 M a4. ILI 0 0 0 0 IW ' Project Specif cations - Page 3 of 25 0 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 SpeaScahau - Page 4 of 25 17.0 AWARD OF CONTRACT, 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, Q and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 9 7/96 Section 00100 Page 7 Nw�. x REVISION OF SECTION 105 MAINTENANCE DURING CONSTRUCTION Section 105 of the Standard Specifications is hereby revised as follows: aSubsection 105.14 shall include the following: 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 a 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 .Mreets. 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 I, 0 0 0 Project Specrficatiom - Page 5 of 25 i REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows: 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 roller or other method approved by the Engineer. In areas greater than 5 inches, 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. 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 of vegetative 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 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 placed, 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 offat the limits of construction 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 construction limits as a result of construction operations shall be replaced at the Contractor's expense, within three (3) working days of written notification from the Engineer. 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 landscaping that is damaged due to construction operations shall be replaced by the Contractor at his Project specifications - Page 6 of 25 I REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE 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 lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns damagedby construction operations other than concrete repair shall take place within three (3) worldng days from the date of damage. a 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 L 0 pt t u 0 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. Project Specificaliomss - Page 7 of 25 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 work shall be completed within the following calendar months: Subsection 108.06 shall include the following: Work shall begin on or before July 17, 2000. A schedule of work must accompany any bid, and shall include number of working days per area to complete all unit work items covered by the contract. Vicinity maps of each area are included in Section 03500, Project Maps The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Individual street quantities are described in Section 02500, Quantity Estimates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. Subsection 108.07 shall include the following. Failure to start work on or befoe July 17, 2000, meet the agreed upon milestones, or fully complete the project in forty (40) consecutive 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 25 t REVLSION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised as follows: 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 freshly 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 or payment shall be made separately for the removal of tree roots. no 9 f 5 0 J1 M IProject Specificatiow - Page 9 of 25 Ml ab REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING Section 212 of the Standard Specifications is hereby revised as follows: Subsection 212.01 is revised to include the following: This work shall consist of soil preparation and furnishing and placing topsoil and blue grass sod, in accordance with these specifications, accepted horticulture practice, and in reasonably close conformity with the locations and details shown on the plans or as designated by the Engineer. See "Protection and Restoration of Property" found herein. Subsection 212.02 is revised to include the following: Topsoil Topsoil shall conform to the requirements of "Protection and Restoration of Property" found herein. Sod Bluegrass sod shall be nursery grown, 99% Kentucky Blue Grass and 99%weed free. Other sod type may be used only if approved in writing by the Engineer. The 1% allowable weeds shall not include any undesirable perennial or annual grasses or plants. Soil thickness of sod cuts shall not be less than 3/4 inch nor more than one inch. Sod shall be cut in uniform strips with minimum dimensions of 12 inches in width and 48 inches in length. The Contractor shall submit a sample of the sod he proposes to furnish. Said sample shall serve as a standard Any sod furnished, whether in place or not, that is not up to the standard of the sample may be rejected. Sod that has been cut for more than 24 hours shall not be used. Each load of sod shall be accompanied by a certificate from the grower stating the type of sod, and the date and time of cutting. Subsection 212.05 is revised to include the following. Sodding: (a) Soil Preparation. The area shall be cleaned with a minimum depth of four (4) inches (where topsoil does not exist) and a minimum width of one (1) foot, all irregularities in the ground surface shall be removed, and all edges clean and vertical. Sticks, stones, debris and other similar material more than %2 inch in diameter shall be removed. Any objectionable depressions or other variances from a smooth grade shall be corrected (b) TTo soil Placement. Topsoil shall be placed and compacted with a minimum depth of four (4) inches. The amount of compaction required shall be as directed by the Engineer. (c) Sod Placement. The minimum width for sod shall be one (1) foot. The area to be sodded shall be smooth The sod shall be laid by staggering joints with all edges touching. On any slopes, the sod shall nm approximately parallel to the slope contours. The Contractor shall water the sod once and notify the property owner in writing of the nature of the work that has taken place and that the sod will only be watered once. Sod placement/replacement required due to Contractor negligence shall follow the requirements of this section, but will not be measured and paid for under the terms of this contract - Project Specifications - Page 10 of 25 ' REVD ION OF SECTION 212 SEEDING, FERTILIZER AND SODDING Subsection 212.08 is revised to include the following: Hi 0 No measurement for payment shall be made for re -sodding lawn damaged by the Contractor adjacent to new concrete, when the grade of the existing lawn reasonably matches the grade of the new concrete. Re -sodding in this instance shall be considered incidental to the work being performed. No measurement for payment shall be made when the re -sodding is incidental to the work performed or is contained within any other pay item in section 02000. Project Specification - Page I I of 25 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT - PATCHING Section 403 of the Standard Specifications is hereby revised as follows: In all concrete repair locations, the Contractor shall remove no more than six (6) inches of asphalt pavement The pavement areas shall be temporarily patched with a minimum of two (2) inches of hot mix asphalt These locations shall be paid under the Contract Unit Price for Temporary Patching. Subsection 403.04 is revised to include the following: Temporary 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 Temporary 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 Temporary Patching will be paid for at the Contract Unit Price per Ton. Payment will be made under: Pay Item Pay Unit 403.50 Temporary 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 Temporary Patching, including pavement cutting, excavation, haul, disposal, 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 12 of 25 REVISION OF SECTION 604 INLETS Section 604 of the Standard Specifications is hereby revised as follows: Subsection 604.01 is revised to include the following: This work shall consist of the removal and replacement of existing inlets and/or inlet decks, in accordance with these specifications, and in reasonably close conformity with the lines and grades shown on the plans or established by the Engineer. Subsection 604.05 is revised to include the following: As part of the "Reconstruct Inlet Deck" items, the concrete around the inlet as marked shall be removed and hauled from the site. The existing frame, grate, and angle iron face shall be salvaged and reused in the reoonshuction of the inlet deck All reinforcing steel encountered during removal shall be replaced with new steel of the grade and size as shown on the detail found herein Reconstruct Inlet Deck shall include the deck reconstruction of existing inlets, including two, three and a half foot (35) transitions, measured from inside face of box, on each side. Inlets with openings greater than those defined on the detail shall be paid for as Reconstruct Inlet Deck, per each, plus Inlet Deck - Additional Opening, per lineal foot. Subsection 604.07 is revised to include the following: When concrete is to be removed and replaced around an existing grate without disturbing the deck or box, this shall not constitute Reconstruct Inlet Deck. These locations shall be measured and paid for separately under the items described in Revision of Sections 608 and 609 - Sidewalks, Curb and Gutter, Drive Approaches, Aprons and Crosspans found herein. Subsection 604.08 is revised to include the following: l� Payment will be made under: PAY ITEM UNIT 604.10 Reconstruct Inlet Deck - Catch Basin Each 604.11 Reconstruct Inlet Deck - Catch Basin Additional Foot Opening Lineal Foot 604.12 Reconstruct Curb Inlet Deck 4' Opening Each 604.13 Reconstruct Curb Inlet Deck - 4' Opening Additional Foot Opening Lineal Foot 604.14 Type 13 - Curb Inlet with Frame, Grate, and Adjustable Curb Bonnet Each Y, 604.15 Concrete Sidewalk Culvert Each 604.16 Metal Sidewalk Culvert - %7 Plate Each ProjatSpecifcations-Page 13 of 25 i REVISION OF SECTION 604 _ INLET'S 604.17 Additional Square Foot %7 Plate Square Foot The above prices and payments shall include M compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Inlets, including demolition, disposal, reinforcement and replacement, complete -in -place, as specified in these specifications, as shown on the plans, and as directed by the Engineer. Project Specifications - Page 14 of 25 `' 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's - requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by " the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be ~ accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the ^- required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires " that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized 7/96 Section 00100 Page 8 I ' REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, AND CONCRETE PAVEMENT Sections 608 and 609 of the Standard Specifications are to be deleted and replaced with the City of Fort Collins "Design Criteria and Standards for Streets" July 1996, except as noted herein. Monolithic hybrids of curb, gutter, sidewalk and highback vertical curb and gutter will be replaced using the same configuiration as it was originally installed, unless a flaw in its engineering should become apparent. In these cases the design may be modified by the Engineer. The finished exposed surface and edging of the concrete will match as closely as possible the surface treatment of the surrounding existing concrete. The mix designs for all types of concrete to be utilized shall be determined by the Contractor and submitted to the Engineer and approved a minimum of one week prior to the beginning of construction. Cement used shall conform to the Standard Specification for Portland Cement, ASTM C 150-85, AASIM M85, Type I, Type 1/II, or Type III. The air content shall be four (4) to seven (7) percent. "High ]Early" concrete shall be used for concrete repair locations. "High Early" concrete shall have a specified compressive strength of 4000 psi and a minimum 48 hour compressive strength of 3000 psi. The type of concrete used for a particular location shall be approved by the Engineer. See also Section 2.05, `Rigid Pavement Design', and Section 4.2.4., `Concrete Streets', of the City of Fort Collins Design Criteria and Standards for Streets." Water Reducing Agents shall conform to ASTM C 494-82. Accelerating Agents shall conform to ASTM C 494-82. Calcium Chloride shall not be utilized as an accelerating agent ® The Contractor shall furnish a load slip containing the information required by AASHTO M157, Section 13, Subsection 13.1 and 13.2, with each batch of concrete. In addition, the type of concrete (mix code) shall be shown on each laid slip. Concrete delivered without a load slip containing complete information as specified will be subject to rejection. 5 In locations where concrete pavement is replaced, the new pavement shall have a minimum thickness of 7" or a thicJmess of 1" thicker than the existing adjacent pavement slab. Existing pavement shall be saw cut to obtain a straight and neat edge for paving and shall be deep enough to cut through the entire pavement thickness. All joints shall be: sealed with an asphalt, or approved equal, filler compound The top of the new pavement shall be even with the existing concrete pavement. The concrete shall be consolidated with a mechanical vibrator. All construction joints shall be: doweled except for expansion joints and joints along existing curb and gutter. In locations where concrete pavement is being replaced, the construction joint (s) shall be constructed in accordance with the detail for "Concrete Construction Joint" contained herein. This item will not be measured or paid for all separately under the terms of this contract The maximum spacing for transverse joints in crosspans and concrete pavement shall be ten (10) feet. Curing materials shall be white pigmented liquid linseed oil based or paraffin based curing compound, and shall conform to ASTM Specification C 309-81 Type H, Class B. The application rate for curing compound shall be 150 sq. ft./gal. for all concrete. The curing compound shall be applied immediately upon completion of the finishing. Prciect Specifications - Page 15 of 25 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, AND CONCRETE PAVEMENT In locations where a portion of the apron and/or crosspan, the apron or crosspan only are being replaced, or a crosspan is poured in sections, the construction joint (s) shall be constructed in accordance with the detail for "Concrete Construction Joint" contained herein. This item will not be measured or paid for separately under the terms of this contract. Aggregate Base Course shall meet the grading requirement for Class 5 (Road Base) or Class 1 (Pit Run) Aggregate Base Course. Class 5 Aggregate Base Course shall be used in all locations where the depth is less than two feel In locations where the depth is greater than two feet, both Class 1 and Class 5 Aggregate Base Course shall be used as directed by the Engineer. Restoration of landscape shall be in accordance with "Revision of Section 107 - Protection and Restoration of Property and Landscape" found herein. The time frame for restoration shall be within two (2) working days from the time the concrete was placed for backfill with topsoil and by no later than the end of the first working day of the following week for sod replacement. The Contractor shall be responsible for the protection of the subgradelbase course until the concrete is placed. The Contractor shall protect the concrete against moisture loss, rapid temperature change, rain, flowing water, mechanical injury, pedestrian and vehicular traffic, and Contractor's equipment for a minimum of 36 hours after the placement of curing compound for 48 hour high early concrete. Asphalt patching against fresh concrete shall not be permitted during the time frames for protection of concrete stated above. The debris immediately adjacent to a concrete repair location shall be completely cleaned up on the work day following the placement of the concrete. If required, the concrete shall be protected as stated above. Any damage caused during the cleanup process shall be the Contractor's responsibility. The Contractor shall utilize forms approved by the Engineer for the tabulation of concrete quantities. Payment will be made under - PAY ITEM 608.01 Remove and Haul Fillets EA 608.02 Apron - Remove & Replace SF 608.03 Crosspan - Remove & Replace SF 608.04 Driveover Curb, Gutter and 4" Sidewalk Remove & Replace LF 608.05 Driveover Curb, Gutter and 6" Sidewalk Remove & Replace LF 608.06 Driveover Curb and Gutter - No Sidewalk Remove & Replace LF 608.07 Driveover Curb, Gutter and Drive Approach Remove and Replace LF Project Specifications - Page 16 of 25 �y L ki REVIISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, AND CONCRETE PAVEMENT PAY ITEM UNIT 608.09 Vertical Curb, Gutter and 4" Sidewalk Remove & Replace LF 608.08a Vertical Curb, Gutter and 4" Sidewalk - Special 4.5' Sidewalk - Includes Excavation Prospect Lane Area Only LF 608.09 Vertical Curb, Gutter and 6" Sidewalk Remove & Replace LF 609.10 Vertical Curb and Gutter - No Sidewalk Remove & Replace LF 608.11 Vertical Curb, Gutter and Drive Approach Remove & Replace LF 608.11a Vertical Curb, Gutter and Drive Approach -Special 4.5' Sidewalk - Includes Excavation Prospect Lane Area Only LF 608.112 Vertical Curb, Gutter and Drive Approach No Sidewalk - Remove & Replace LF 608.13 Vertical Outfall Curb and Gutter Remove & Replace LF 608.14 Hollywood Curb, Gutter and 4" Sidewalk LF Remove & Replace 608.15 Hollywood Curb, Gutter and 6" Sidewalk LF Remove & Replace 608.16 Hollywood Curb and Gutter - No Sidewalk LF Remove & Replace 608.17 Hollywood Curb, Gutter and Drive Approach Remove and Replace LF 608.18 Highback Curb and Gutter - No Sidewalk LF Remove & Replace 608.19 Highback Curb, Gutter and Drive Approach LF Remove & Replace 608.20 Pedestrian Access Ramp, Driveover Curb Remove & Replace LF Project Specifications - Page 17 of 25 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, AND CONCRETE PAVEMENT PAY ITEM UNIT 608.21 Pedestrian Access Ramp, Vertical Curb Remove & Replace LF 608.22 Pedestrian Access Ramp, Hollywood Curb Remove and Replace LF 608.23 Pedestrian Access Ramp, Highback Curb Remove and Replace SF 608.24 4" Flatwork - Remove & Replace SF 608.25 6 " Flatwork - Remove & Replace SF 608.26 Replace Flatwork - 1" Additional Depth SF 608.27 4' Valley Pan - 6" Depth SF Remove & Replace 608.28 Remove 4" Concrete Band (=1750 SY) Prospect Lane Area Only LS 608.29 Aggregate Base Course TON Sawcutting shall be considered a subsidiary obligation of the Contractor, and shall not be measured or paid for separately under the terms of this contract. Pay Item 608.23, Pedestrian Access Ramp, Highback Curb, shall be measured by the square foot. The length shall be measured from the lip of the gutter to the top of the transition at the back of the ramp, and the width shall be measured at the midpoint. Highback Curb, Gutter and Drive Approach shall include 4 feet behind the back of the curb. Item 608.28, Remove 4" Concrete Band, shall be removed in accordance with the detail for "Typical Cross Section - Prospect Lane Area." Special items 608.08a and 608.1 la shall include excavation. It is the City's intent to match existing back of walk with proposed back of walk, as described by the detail for "Typical Cross Section - Prospect Lane AST In general, Aggregate Base Course used in preparation of the subbase will not be measured and paid for separately unless approved by the Engineer. Aggregate Base Course used in areas where the subbase requires over excavation will be measured and paid for separately, and the cost shall include excavation. The Contractor shall notify the Engineer of areas to be excavated that may require payment for Aggregate Base Course The Engineer shall determine if payment shall be made for Aggregate Base Course. 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 Sidewalks, Curb & Gutter, Drive Approaches, Aprons, Crosspans, and Concrete Pavement, complete -in -place, including removal, haul and disposal, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Project Specifications - Page 18 of 25 thi REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Section 614 of the Standard Specifications is hereby revised as follows: Subsection 614.15 shall be revised as follows* This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins' "Work Area Traffic Control Handbook", June 1989 with Revisions dated May 29, 1991, and the City of Fort Collins' "Design Criteria and Standards for Streets, Subsection 1.4, "Barricades, Warning Signs, Signal Lights", July, 1996. 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 nummum, 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 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 right-of-way in such a manner that minimizes the hazards to pedestnans, 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 minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and fi+eE of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present Subsection 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 forms 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 subnmtted 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 constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The Traffic Control Plan shall include, as a minimum, the following: Projed Spemficatiew - Page 19 of 25 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channeli2ing 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 Contractor 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 am.) 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 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 (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS utilized on this project) 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 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: Project SpeciScatiom - Page 20 of 25 i REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (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 minimum 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. 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 Engineer'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. Time spent setting up equipment, modifying equipment, and maintaining equipment shall be included in the unit prices for the equipment IRA All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. Project Specifications - Page 21 of 25 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 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 - 0.01 to 9 00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet "NO PARKING" Sign with Stand will be measured and paid 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 street is open to traffic. The "NO PARKING" signs shall be in effect for one or two days only. Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing 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 will be the number of authorized days performed by the Traffic Control Supervisor or his approved representative. An authorized day shall be arty day, or portion of a day, authorized by the Engineer, that construction 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. 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. Magger breaks shall be included in the Contract Unit Price for Flagging. The method for covering Fagger 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. Ptojxt Speatications - Page 22 of 25 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES 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 terns of this contract The costs for advance warning 'NO q 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 S 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: t 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 desaribed above. The cost for "NO PARKING" Sign with Stand shalt 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 constriction 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: M Pay Item Unit 614.01 "NO PARKING" Sign with Stand Per Day Per Each 614.02 Vertical Panel Without Light Per Day Per Each 614.03 Type 1 Barricade Without Light Per Day Per Each 614.04 Type II Barricade Without Light 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 614.07 Size B Sign With Stand Per Day Per Each 614.08 Size A Specialty Sign Cost of Manufacturing Each 614.09 Size B Specialty Sign Cost of Manufacturing Each 614.10 Cone With Reflective Strip Per Day Per Each 614.11 Safety Fence Per Day Per Roll Project spec;scauow - page 23 or 25 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES 614.12 Light - Steady Burn 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. 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 24 of 25 L R 6 signature of this Bid assures that such Bid is genuine and is not a Qcollusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION M I L'. �� I '✓ 7/96 sE Section 00100 Page 9 I REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREETTRAFFIC SHALLBEMAINTAINED AT ALLTIMESUNLESS AUTHORIZED BYTHE ENGINEER IN WRITING ` NOTE: FULL CLOSURES ONARTERLALS 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 a� Project Specifications - Page 25 of 25 �1 m SECTION 02500 'QUANTITY ESTIMATE 51 in 11 o y7^=ova o q_o? o =o o�fl oo.oS. z0' O OTC OO CO 00 pp Nb O;Lf r C'G b`O N'pOG: N£a OW - N 4WWL M"'k _RRR is O3�'OMv 4Z O 0 floT1oQ O0;00�K0.kA m 2 ^v'v a .. z� �q. ,o < a n. a P'r.e;vl 7+%Yr'NZ�Z'i Q .......,... _._ Ci w_ Q ¢Zw_ w=f^Z;vt'F- - F'" Z 54 -= �. G'3i7:N� . y V�.... ax r.z�u ta=�'�0�3 W"5Yo$AMAGOG^-- N wMffi!� W - �5r-Z S'-v4'^5` m�m2m.o 3a1��F��_ m x - = v VANS -c ad ^ Ocw` w_ o a`n==zCs¢`�a wcxi�m3<36.=35 i - a _ Fo M M C II �a up M \' i E M A� F a -_=- ��;000,o_ozoroa<ofl,oz,N� P Nk iv AM 3 o O o�pio O'o'.q'oe`p'Foo.p o."µ�pJo v -a-�- TR _ - ='- __ a __ — o 'o2`2 = x A-o - P9 -_ m c c- o 3_�opo;.o40�oi0'--0�&,-r - •_ _ = M _m,ozo 000 k .tea's� 0�0�0000_-O zq O;�ON0�00030 P� tQ -:-'j�'^^�•"c_99 r=�"-�^_' `no —== _ im =' Z'E Ow9 "-7z o wI0 �3 Q 3I a�aa m a==a isF;� ., -'µ-"-�- N o��m�a w m`m'm't� 3oa.��°�i=�=° __ Egg== F yinh U. O zMlw..a��m'cmi��m3=3 a OR US — -- `- _ - - W SECTION 03000 DETU S INDEX 'a Street Markings Patching Detail for Concrete Replacement Detail Cmsspans Asphalt Paving at Concrete Construction Joint Pavement Joint Types Hollywood Curb Approach Driveover Curb Approach Vertical Curb Approach ® Street Intersection - Dnveover Curb and Gutter Street Intersection - Vertical Curb and Gutter -� Pedestrian Ramp Detail - Hollywood Curb Pedestrian Ramp Detail - Drrveover Curb Pedestrian Ramp Detail - Vertical Curb Pedestrian Ramp Detail - Mid Block Pedestrian Ramp Detail - Hrghback Curb Curb and Gutter Details Metal Sidewalk Culvert Details Concrete Sidewalk Culvert Details Curb Inlets Catch Basin 91 Replace Concrete Pavement STREET mm�l= PATCH = GRIND = FABRIC LIMITS OF REPAIR i MARKINGS NOTE: ALL MARKS ARE FLOURES CENT PINK PAINT. CONCRETE-i ' DEWALK 1' TTER JOINT' JOINT' 6" PATCHING DETAILS FOR CONCRETE REPLACEMENT SIDEWALK 6" CURB AND GUTTER we 2' AREA OF PATCH DEPTH OF PATCH = 6" SECTION TO BE REPLACED ---, r.-- VARIES --�i 2' AREA OF PATCH *--SECTION TO BE REPLACED ACED AREA OF PATCH I �.-- VARIES CROSSPAN PAGE 1 OF 1 /FULL DEPTH ASPHALT CROSSPAN FULL DEPTH ASPHALT SIGNFII II 1 uC NFSS_--Io —►f T M— T ASPHALT PAVING DETAIL AT CROSSPANS ' OF FORT COLLINS, COLO. el - ENGINEERING �DIVISION k13PROVEO �-?6 D-25 P.C. TER 8 DESIGNED ASPHALT THICKNESS CONCRETE CONSTRUCTION JOINT ¢ Z = 0 W ^7 Cl S W W � 1-• N O d U 1-- C7 W ¢ Q U 2 S Z J W /--/ W W C7 QS Z X O. W /-+ W W ~ = X Q Y tnW N d= to to 2 VNf Z Q �W 7 vF- t- c cc W G. `W W CC O dIn ~ (ui .i Q O O ¢ S cU .--/ C J S L6 V7 D :•a • .v -s. ~ll 0. x ut it ra z W ui 0 z W 2 W a 0 Q o Z O0 065 U > zi J CD J Z U EE W H tt1 Z o Z5 LL. LLI O } i- V FIGURE V1 u I I I I N I I I l I I I u SECTION 00300 BID FORM I Control Joint L` n-A — 6e — Transition rivetllar / width A r 1 Section Slope = LA4N per t L Minimum Slope = I" per ft. MmdRl{im PERSPECTIVE VIEW 3'•38t WK Slope 1per tl_ Ma:.' Slope IPer - Property Line (Concrete limit) Control joint Walk —d— Transition SECTION A -A NOTE N.T.S. Mtfafit Driw ApPmoehes Shon Met6h Elating Conditions. DRIVEWAY WIDTH Minimum --------- 10 Ft. Mutt, family t 8 2 Family Res., 25 Ft. Moz--------- Res. , MwL - 20 Ft. Ind. Ma. -- ----35 Ft. HOLLYWOOD CURB APPROACH DETAILS CURB, GUTTER,AND SIDEWALK fY OF FORT COLLINS, COLORADO _ R�:ca wn.1s•c ENGINEERING DIVISION APPROVED:, D-14-A J ` rneway / width Control Joint EXPANSON JUNT arped Section Wits - _ 6 Cransitiaa Shope = LW per ft. Mi n imutn 51ope = 1" per ff. Maximum Line Joint Walk Transition PERSPECTIVE VIEW Y O � c 3 n m - Min Sloe Itier ft. 410:. Slooe 1" Der ft. v ••o •. •L' • .�' � � • tea. • :, .:.�: �- zz- lFJCPA •� ; dOBdT SECTION A -A NOTE N.T S. . Retrofit Drive Approaches Shot! AtatCh Existing Conditions. DRIVEWAY WIDTH Minimum --------- 10 FL Mutt. family 18 2 Family Res., Max.--------- 25 Ft. Comm a Res., Max.-- - 20Ft Ind. Mmc. ----35 Ft. NEW DRIVEWAY APPROACH DETAILS DRIVE OVER CURB, GUTTER, AND SIDEWALK F FORT COLLINS, COLORADO RE ENGINEERING DIVISION i A PROV : RE 111-85 4-86 --•—Drivewoy width A Pro_oerty Line Control t lope = V4rr= S� (Concrete Limit) Lint perft.NoEVWIMN Jowr To BE PROVIDED AT seaKDF Min. 1 wAUL WALK 17CPA►ISION JORiT EXPANSION Control Joint Slope = tamper ft. _ — Maximum — _ Warped Worped WALK r section section msition A Transition PERSPECTIVE VIEW NOTE RehdR Drta Appmwtm Shot • c� Mattl+ Eslstinq Cadltioet< J `o g ti`P W Y �Mh stone 1 k. EXPANSION JOINT o SECTION A -A N.T.S. DRNEWAY WIDTH Minimum 10 FL Mutt. family t 8 2 Family Res., Max. 25 Ft. Res., Max. 20 FL Business, Max. 35 Ft. NEW DRIVEWAY APPROACH DETAILS VERTICAL CURB AND GUTTER :'FORT COLLINS, COLORADO REVISED REVISED f-8 NGINEERING DIVISION IX6VAZE40�51 REnsED a -es D-15 . i - g$ it 0 a� ujtcr t ' gr Z o O cc r o Z v = m 11t a 7� 1 W O .J 2 A yy N 4 i • 2� U �� g 1 W 1 J J� ul 9L 16 No Y � / w it im � 1'• D 1� Of 0. 2 a w; s iw In ii 07 In U V Q .a W ?� a iu = in f2 4N iIC p) or 2 Z N� W or �e a` J C) Q l U� ® 3 U3 N Z C a z US LLJ cc US (b us W. Z i- cc tu to VO / I r5 Z a s O J� �W 0 0 4K 'J[ z W F• gv 4K a W • ■ ■ 01 0) J {iJ6 LU in cc ul C o r/ IL z = a O a. Q W C= O cc C N Z > O Z ul WM LU ¢ LU 03 cc U. CD y pW r U �=Q W� Li.l V) U J Q QO nfT ~ Z� Lv Lv 0 Of _ Di 1 y4" DEEP 1 ON 6" JOINT MIN. 4' LANDING 'TO GRADE BREAK --i\—PCI OF CURB MIN. 2' TRANSITION TO FULL WIDTH 4.43'-I PLAN VIEW RESIDENTIAL STREET WITH DR!VEOVER CURB (D-1 1) 6" CURB AS REQUIRED FOR LANDSCAPING CONCRETE NOT E S 1.1 r I. RAID TNIDDI6 SHALL BE CONCRETE CUM) wine 4 Ua/ SAC( DAYS RM 1117 (TILE RED) PW W OR APPRDam EQUAL Bm aFAR SEUANT OR APPROVED MR SHALL SHA L 1E APPIhD ON ALL MLWED COxaETE SURFACES z CMM PORTWN OF THE RAMP SHALL BE I W U SEPARATELY AND DOWELLED KM ADMIT OONaM WIN A P@ M OF 8 EOU411Y SPXXEL 18 Da 14 DEFORMED BARS OFBVEN 8 MO 10iWM I TRANSTTWFLS ARE TO BE SCORED PQtPE1WL4R M TRAVEL D REUM WITH SDI 1/4 101 DEEP MOO JODOS 6 VKHES ON CENTER AS SEDYBL 4. 1L' JODER ARE ALUYWED IN THE FLORILDE. Z DO WWE MRB OR DIIIOD JODTT' WY BE MMED NO aDSER DM 6 DOM FROM OLD/ IDLE AS SM S. UNKU CONCRETE THI00EZ IS 6 @IDES 6. JOINT PATRON TO BE AT?rOR M TO 'DOF[t_'ECTWN GUTTER OEM (DUAL 0-M ad 0-17) OR AS DOOBNED BY THE CITY DCDIEER 7. SIRED WOW FLW FDBSN 6 REDIAAED DER E? RE SURFACE OF RAID AND TRAISM& 8. A 6 M WIDE ajRB MAY BE POURED AT'DE BACK OF THE RAW AS SHOWN F REOIARED. F CURB 6 USED B SHALL UM THE C11RB AND GUTTER STYLE OF AD.NCENT CURB AND CUTTER 6- 1 24 moz. 1/4- MAX. FL UP VARIES _ 6" CURB AS NEEDE 6- I FOR LANDSCAPING SECTION A —A PEDESTRIAN RAMP DETAIL FOR NEW CONSTRUCTION ST'M'RD DEE'AM AND ALTERATIONS D-12.1 CITY OF FORT COLLINS, COLORADO REVISIONS ENGINEERING DEPARTMENT APPROVED 2-'96 I RESIDENTIAL STREET WITH DRIVEOVER CURB (D-1 1) 1/4" 9 /rr 6' _� F Q F— v ILJ W m MIN. 4' LANDING i0 GRADE BREAK F- PC UU J Q MP aF CURB F—O Z� LA MIN. 2' TRANSmo TO FULL IMDTH _J W O 1.18 C� 2 4.43' PLAN VIEW 6' 6" CURB AS NEEDED FOR LANDSCAPING PC MI �I 6" CURB AS REQUIRED FOR LANDSCAPING D CONCRETE • N O T E S fl_ 1. RW IAMM SHALL BE COKREIE COIABED MDH 4 LBS/ SACK DAMS NO. 1117 (ME RED) PIC a I, . -. W APPROYFB EXX DAMS CLEAR SFAIAW OR APPROVED EQUAL RIALL SF41LL EE APRED ON ALL CMDRED CONCRETE SURFACES. 2 C0150 PORTION OF ME RAMP MOLL BE POURED SEPARATELY AND DOMEUD MM ADJACENT WNCREM MAIN A L@WIAL OF 8 EQUALLY SPACED, 18 NO1 14 DFFORAED ELARS MO 8 006 UNMMML .I^ i TRNGDONS ARE TO BE SCORED PER OC UAR M TRAMl DDiECIION M M SOX 1/4 WCH DEEP TOWID JODRS 6 NOES ON COW AS SI MN. I- 4. ND JODUS ARE ALLMM N THE R. MINE SIX NCH WIDE OAD OR 10W DODO' MAY BE TDOLED NO CIM THAN 6 1100 FROM RN LNE AS SIgMN. 5. WUN CONUVE TNICIOIESS 6 6 NOES. s JODIT PATDBN m BE ADCOIDDAC TD VMRSECMN 6UIlER DEEW (DETAIL D-16 wd D-17) OR AS DEMNXED BY THE CDY D O M 7. SNIEED MOOD RDAT F1NSH 6 RMM D OVER ETFIDE SURFACE OF RAMP AND TRW%no i 8 A 6 NCH WIDE CURB MAY BE FWD AT I}E EMO( OF THE RAMP AS SI MN F REQUIRED. F CURB IS I, USED R SHU YATCH THE CURB AND WM SIME OF ADLKFHF CIM AND OI M T 24 MAX .I� I� 1/4MAX. FL LIP .� . _cQdFm~ •.. 6 Y .:: —i 6- SECTION A —A PEDESTRIAN RAMP DETAIL FOR NEW CONSTRUCTION S'"MUM DEML • AND ALTERATIONS D-12.2 L CITY OF FORT COLLINS, COLORADO _ REVISMNS ENGINEERING DEPARTMENT APPROVED z— 96 RESIDENTIAL STREET WITH DRIVEOVER CURB (D-11) TRANSMON GUTTER PAN FROM 2' TO 1.16' (14' EVENLY FROM RAMP TO PC A 0 FOR LANDSCAPING SECTION A -A N.T.S_ T LED Iro as Q PEDESTRIAN RAMP DETAIL FOR NEW CONSTRUCTION I STAIMARD DEfAD. AND ALTERATIONS D-12.3 Q CITY OF FORT COLLINS, COLORADO .. ENGINEERING DEPARTMENT APPROVED x> MIONS 2-'96 RESIDENTIAL STREET WITH DRIVEOVER CURB (D-11) 1.14' m cy- J Q U ry bi 0 F— U t.d —I J 0 U J QN_ ti Ld I- cy- 1/4" DEEP ON 6. 1 4' MIN.K JOINT S 6' I P.C. MAX FL UP 1/4- 6 M sueXzA COU '. . w w DETACHED WALK w w w w w w w w w w w w w w w PC .j 6' CURB AS REQUIRED FOR LANDSCAPING CONCRETE 0--�—UTIUTY POLE NOT ES 1, RAW LWOK Slue BE CONCIEIE WAS WM 4 IBS/ SACK DAMS NO. 1117 (ME RED) PU M OR APPROVED EQlAL DAVIS aFAR SEAIANf OR APPROVED EOLIAL SIUEL SHALL BE APPLIED ON ALL COLORED MUM SDRFACES. 7. COIDRFD MOM OF 7HE RAMP ZU BE POURED SEPARATELY AND DONE D INTO ADJACENT MOM WRH A URM(N OF 8 EDUAILY SPACED. 18 M +4 DERMIED BARS DRNEII 8 Pr M MWOJIAI. 17RAN51M ARE 7O BE SCCRED PE PEIBIIMM TO TRAYEL DRIDON WITH SIX 114 WM DEEP MOM JW M 6 106 ON COM AS SIM 4 NO JORM ARE ALLOWED N THE HOWTWI— SD( 10 WIDE CVO OR 'OUWY JW r WY BE TOOIID NO CLOSEfc Tti(Ai. 6 MIES FROM F9I'SE AS 4EOWM. 5. URa W CONCRIJE TNICIDESS 6 6 ROM & JOW PA7IFRN 70 BE ACCO(IDMO TO 'NORSEC(IOrI ODDER DETAIL' (DETAA D-16 and D—M OR AS DEITINKED BY 7HE CRY ENCPEER. 7. SWWLLD WOOD FLOAT FIM 6 MIRED OVER EN(WE SURFACE OF RAMP AND TRiV51(IDf6. 8. A 6 DIM WIDE CIWB MAY BE POURED AT THE BACK OF THE RAID AS SI M F REDUWED. F CIWB IS USED IT SHALL WTCN TW CURB AND WM STYLE OF ADJA= CURB AND OMER. 6- PLAN VIEW - 1 1:2_ 4 MAX. 1/4- MAX. FL UP 6' CURB AS NEEDED--/ -46- FOR LANDSCAPING SECTION A —A N.T.S. PEDESTRIAN RAMP DETAIL FOR NEW CONSTRUCTION STANDARD DETAIL AND ALTERATIONS D-12 4 CITY OF FORT COLLINS, COLORADO RXVIMoxs ENGINEERING DEPARTMENT APPROVED 2- 96 i ARTERIAL f COLLECTOR WITH 6" VERTICAL CURB (D-11) PC FL 2' /// 2"" W W W W W W W W W W rV W W W rY W W W W 'VARIES MAX c� FL LIP 1/4- � A GRADE BREAK uAx 1:12 SLOPE 4' MIN. VARIES 6'- MIN COLORED CONCRETE �v m 1/4" DEEP TOOL JOINT N'� 6" CENTERS 4' MIN. D CV 6' MIN J Gw10 NOTES LLJ 1. RALIP LNDV C SHA1. BE CONCRETE COAU WrrH 4 LBS/ SACK MVIS NO 1117 (TR£ RED) PIGMENT OR APPROM ECKIAL DAVIS CLEAR SEALANT OR APPROVED MAL SWALL SFWL BE APPIM ON ALL COLORED CONCRETE SLFFACM (� W 2 COLORED F'ORIION OF THE RALIP SHALL BE POURED SEPARATELY AND [DN'EllID R(f0 AL4WCENf W W CONOM N11H A UNIM OF 8 EQUALLY SPACED. 18 INaT 14 OEFOFN D BARS ORNEN 8 DOES UNMAL P.C.— a TRAN9110f6 ARE TO BE SCORED PERPEIDIaAAR TO iRA1k1. ORECQOt1 NOFI SIX 1/4 RTcx DEEP ttDIED � W W JOINTS 6 9400 ON COW AS SH K W a 4 NO JOPAS ARE AELONED IN THE ROFARiE SIX RM WIDE CURB OR 'MWW JOINT' WY BE TOOLED NO p aDSER TWN 6 RXM FROM FIDR UNE AS SH3N11 y i s. Lmmlw CDNaTEte TIRaQE:: IS s RICHES. L JOLM PATTERN TO BE ACCORDW TO 111 ERSOCTDN WM DEW (DETAIL 0-16 and D-1T) OR AS J rr .v DElERMSI D BT THE CRT ENGINEER p rr rr 7. SWIRLED WOOD FLOAT FTNISN 6 REDURED OVER OM SLRFACE OF RAMP NO TRAFMOIC V v w & A 6 90 WIDE CURB MAY BE POURED AT THE BACK OF THE RAW AS SHORN F REQUFM F CURB 5 vv v USED B SHALL WJM THE CLM AID CUTTER STYE OF AmAm aD8 AND a1M .r r. J W W � Vr zs W W � ♦ Vr ,. F-VARIES MIN. 4' ® 1/4"/FT 1 .IFT 1 4" MAX. FL LIP �-2'--� VARIES -- PLAN VIEW SECTION A -A (" N.T.S. a PEDESTRIAN RAMP DETAIL FOR NEW CONSTRUCTION STAIMARD DETAM AND ALTERATIONS D-12.5 CITY OF FORT COLLINS, COLORADO ]RETWDTS w ENGINEERING DEPARTMENT APPROVED 2-96 L SECTION 00300 BID FORM PROJECT- CONCRETE PROJECT PHASE II; BID #5522 Place Date 71� 1 In compliance with your Invitation to Bid dated and subject to all conditions thereof, the unde i d _ a **(Corporation, Limited Liability aCompany, Partnership, Joint Venture, or Sole ProprieEor)** authorized to do business irl the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules 2 The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond 1ri the sum of S"% _($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 'i 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within f2fteen (15) calendar days from the date when the written notice of the t' award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: �✓% vr}� r s !� 5. A7.1 the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the OCONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list 6. Payment for Work performed will be in accordance with the Bid Schedule or 7/96 Section 00300 Page 1 I PER FT. I z TOP OF CURB UP--_"' i---4' MIN--i TOP OF TOP OF r--6' MIN-1 MMED N PER FT. MAX [---4' MIN --I 2. CURB AS REQUIRIED FOR LANDSCAPING 1, TY MIN 2' TRANSITION TO FULL WIDTH PICAL I_ HOLLYWOOD CURB (D-1 1—A) L, CURB AS REQUIRIED FOR LANDSCAPING I, SIDEWALK DRIVE —OVER CURB �- 5.17' 1 (D-1 1) UP�� FL PER FT. MAXrn N A -v: NOTES 6' CURB AS REQUIRIED FOR LANDSCAPING SIDEWALK VARIES 6" VERTICAL CURB (D-1 1) L RAW LM G S M BE CONNIE CQflRE) MOH 4 US/ SACK DOS NO. 1117 (TEE RED) 4. NO JORS AFE ALMS) N THE RONIE SOX 10 WIDE CLO OR 'DIDWf JONi MAY BE MOLM PICLEMF OR APPROVED EQUAL. DAMS CIFM SDLANF OR APPRM EQUAL SHALL SHALL BE APPIFD ON RO OAR THIN 6 NCfES FRN FIDW IIE AS SHOWN. AFL COOKED CONCI EFE AB87CES I L@lONII CONCIM THE mm 6 6 ma I COLORED PORION OF 7FE RAFW SHALL BE PMRD SEPARATELY AND DOWEIEFD Km ADJACERT 6. JONF MUM W BE AOMM I6 TO WIERSTCIION WIM DEPL' MEWL D-16 and D-17) OR AS CONCRETE MEIN A LM16F N OF 8 EQUALLY SPACED, 18 NCH /4 DFFDIBED M DFMM 8 NaES wow ��M � � �, ENC•Eflt 1 TPANMONS ME TO BE SCORED PMKNOICMAR TO TRAVEL WMON MRH SO 1/4 NCH DEEP TOOLED 7. ME) MOOD FLW ANISH 6 FENS an DW SUBALE OF RAMP AND 7RANSMOS, MIS 6 WO ON CDW AS SHOWN. & A 6 WON Iff CUM WO' BE POUED IO THE BALK OF 7HE RAP AS SHOWN F REOIARED. F MRB 6 USED R SHNi MUCH TIE acre AND aM MU OF ADJACENF ame AND OUFTER 6. 1/2' PER FT MAX 1/4' MAX. FL LIP VARIES 6' CURB AS NEFDEO 6• FOR LANDSCAPING TYPICAL RAMP CROSS—SECTION N.T.S. MID -BLOCK PEDESTRIAN RAMP DETAILS FOR NEW CONSTRUCTION AND AL"'EP_A70NS STANDARD DETAIL D-12.6 CITY OF FORT COLLINS, COLORADO RST1s7ONS ENGINEERING DEPARTMENT I APPROVED 2—'96 W U Y V 4' 2 H F- a` W LLJ tY = f— 1n ro L ul F I STREETS WITH H!GHBACK CURB COLORED LOPE 1 CONCRETE I I neareirn0 CURB PLAN VIEW A 0.5' TYP. --i F--- 1 CURB 1/4 . TOOL JOINT ON 6" CENTERS WT caoRn CONCRM 1 4" MAX. FL UP isi 6� �. SLOPE. �W 6' RAMP WITH PARTIALLY COLORED CONCRETE SECTION A -A NOTES I. RALP LAMM SWILL 6E CONCRETE COLORED WITH 4 LOS/ SAM DAVIS K 1117 (TIE RED) PIGMENT OR APPROYED EDWI ows am SERMY OR APPMED MA SULL SOIL BE APPLIED ON ALL COLORED M CRETE 9NACES. 7. COLORED PORTION OF THE RAIP SUL.L BE PpIAiFD SEPARATELY AND DOWELLED ORO ADD W MOM YAM A MW UN OF 8 UKU SPACED, 18 DO 14 DEFUREED 895 DIM 8 MES M81♦um 3. iRAN9FIO S ARE TO BE SCORED PEAPfiomm TO TRNEL DRlT OM ATM ST 1/4 OW DEEP TOOLED JOHM 6 WO ON CDITER AS SI MI 4. NO JONES ARE ALLOWED N THE RDMDE. SIX 101 TIDE CURB OR UhW JOM' WY BE TOOLED NO CLOSER TIN 6 FICHES FROM FLOW LOE AS SHOW S. NNUM CMUETE THMIESS 6 6 RKHM & JONT PATTON TO BE MC MM TO 4RERSEM GUTTER OETAC (DEEM D-16 ad D-17) OR AS DEFETNNO) BY THE CRT DiGNM 7. SEIOdED WOOD FLOAT FNSH IS REO MED M ENTAE SLAB'ACE OF RAMP AND TRAALSRONS. & A 6 NCH WIDE OM MAY BE POLLED AT THE BACK OF THE RAID AS % MI F FEDlIOED. F OM S USED IT SOLL WJM THE OM AND GUTTER ME OF ADJACELIT CURB AND GUTTER PEDESTRIAN RAMP DETAIL FOR NEW CONSTRUCTION I S'A""RD DETAM AND ALTERATIONS D--12.7 CITY OF FORT COLLINS, COLORADO ENGINEERING DEPARTMENT APPROVED UAM Flow Im ±�: irk• ...•'.: :,y.•�• , L_1 KII DRIVE -OVER CURB GUTTER AND SIDEWALK XTS. 216. ► 4 Where walk adjoins a curb it,sttail be -Z� � 1canit-wted 1A inch above the curt), IV 6' 1 a Sope sidewalk to curb-1/dto 112F Per tL TT = . «-+•-•-•--e Min. VERTICAL 6 INCH CURB, GUTTER AND SIDEWALK RTS. EDGE SURFACE / va" R •. •� 3/4" Min _' :�: •� •• NOTE- JOINT SHALL BE CUT V4 THICKNESS OF CONCRETE INITIALLY LIMY JOINT FOR WALKS NTS . • 6"-� 1 V2" k4- I„ 2" R. •' D - 1' 6to OUTFALL CURB AND GUTTER . CURB AND GUTTER DETAILS 31—E3 1 6-to 72 Y OF FORT COLLINS, COLORADO REVISED a-ss ENGINEERING DIVISION O APP-Rova "•'"' o-1 I I m m i� COMBINATION CURB, GUTTER ND SIDEWALK 'HOLLYW000 (OBSOLETE) KzS. FOR RECONSTRUCTION ONLY! HOLLYWOOD CURB; GUTTER AND WALK 1TY OF FORT COLLINS, COLORADO ENGINEFRIMr, nix/Minni ___ _ 5/ax2,!x4,' RAISED PATTERN NON - SKID, GALVANIZED STEEL PLATE (AASHTD M-111) 10`0" A 0407 MIN. SECTION SEE DETAIL "A" �( xxX �I X r P -ACE FIRST SCREW X ( b FROM FRONT EDGE X x ll OF PLATE xxX 11 A --,*J PLAN VIEW �I. �I. .S r, I I" t F SLOPE KLATE TO MATCH I" 4`6" /SIDEWr 20" 6n 4 0" � �r � FLOWLINE (AS SHOWN ON PLANS) SECTION A -A 3" I w 2, 0" "-� 3" 4, io PA SLOPE 3 0" 5`6� — SECTION B-B 3/9" BRASS SCREW-18"QC. W/COUNTERSUNK HEAD FLUSH W/PLATE,, :O•: 7. GALVANIZED - •1 ANGLE. `v '��r ' ND.3 RESAR, O.C. :q:�• ANCHOR —IS`O.C. DETAIL 'A' i r- rr tI� cli 0 . 2:1 SLOPE ,I. NOTE: WHEN THE CURB IS SEPARATED FROM THE SIDEWALK THE STEEL PLATE SHALL BE PLACED k0 THE SIDEWALK AND THE CONCRETE CHANNEL (WITH 6THICK WALLS ON EACH �^ SIDE) CONTINUED INTO THE CURB AND GUTTER. METAL SIDEWALK CULVERT I FOR VERTICAL CURB, GUTTER AND SIDEWALK CITY OF FORT COLLINS, COLORADO ENGINEERING SERVICES UNIT DATE: REVISIONS: D-1 O 01 H1 "F ., E/8"x2,6" x 4,0" RAISED PATTI�RN NON— SKID, GALVANIZED STEEL PLATE. (AASHTO M-111) 14 10W A -4J PLAN VIEW SLOPE PLATE TO / MATCH SIDEWALK ---14" 14!�--4�0�� / FL(yWLINE (AS SHOWN ON PLANS) T} -� iq- _-. -'.q �-: .p .--D•. gip'• .Q. _ ;D ,. :-fD. b•�' .D ' = ,.e c. "BRASS SCREW-18"QC. COUNTERSUNK HEAD JSH W/PLATE, SECTION A -A JCtr A 1wn 0-0 NOTE: WHEN THE CURB IS SEPARATED FROM THE SIDEWALK THE STEEL PLATE SHALL BE PLACED 011 THE SIDEWALK AND THE CONCRETE CHANNEL (WITH 6 THICK WALLS ON EACH SIDE) CONTINUED INTO THE CURB AND GUTTER. FOR DRIVE -OVER CURB, GUTTER AND SIDEWALK CITY OF FORT COLLINS, COLORADO ENGINEERING SERVICES UNIT APPROVED BY: DATE: 31 L In DETAIL"A" REVISIONS: C B1 L BC 8.5 WITH I V2" DYL HOLE 3, O" A 6'�4 BARS AT EXTEND WALK 10" IN CENTER —EXTEND 6• CHANNEL TO OUTSIDE �- 11"QG BEYOND NORMAL EDGE OF WALL WALL BACK OF WALK ( 3 IRA13LL 5* 5 PARS r-- AT 9 D.C. 6" TH I CK ( SIDEWALK DETAIL "A' JJ O I ( O r 2 �5 BARS 1' O" ,A I AT 6"0 C. 2,00 5'6" `. TYP. I_ — p - - - I BACK OF CURB B DEETAIL"B"4 BARS / O ; -*-SEE DETAIL "A" _ FLOWLINE io - _ _ 4 BARS - p *"4 BARS AT WARPED CURB B 10SLOPE ---•b_ - - - _ 4 o a 12"O.G GUTTER (TYR) - -. -• _• ._ 4 BARS-12"OG T BOTHWAYS 3, 6" 4'0" OPENING 3' 6" 11,00 SECTION A -A PLAN VIEW 3 6" 4.0" 3'e ��o 1�f (^� F� WARPED GUTTER DEPRESSED GUTTER WARPED GUTTER I ! BE 8.5 FLUSH 1 1/2"R. WITH CURB \ FACE 14"—I" LEG *4 BAR 18" LONG = o. o• lY qs I io 211 • 11/2 PIPE SPACER •' ' - AND 1 1/4' LOCK NUT. • 11/4" DIA.t 16 I/2" GpLy STEEL ROD —THREADED 3 1/2" . ` _• 0 = •� ` ' . P. }, _ AT TOP. `. �-3"c3713/8" PLATE DETAIL "B" GENERAL NOTES: 1. SIDEWALK SHALL BE a' THICK FOR 3'0' ON EITHER SIDE OF CULVERT. Z. TOP SLAB OF CULVERT SHALL BE SLOPED TO MATCH SIDEWALK. SEE D-a. 3_ EXPOSED STEEL SHALL BE GALVANIZED IN ACCORDANCE WITH AASHTO M-111. 4_ KEY JOINTS WHERE WALLS CONNECT TO TOP SLAB AND BASE. 3_ REINFORCEMENT IN WALLS AND BASE SHALL BE 3' FROM THE SIDE EXPOSED TO EARTH. REINFORCEMENT IN TOP SLAB SHALL BE 1 1/20 CLEAR. NORMAL ALTERED FLOWLINE FLONLINE SECTION B-B (REINFORCEMENT NOT SHOWN) r�I 1 i I O" ^I �4 BARS 5 BAR_ 1 ADD 1 x4 BAR - - - . 104 BAR -*"4 BARS-12"O.GL^i SECTION C-C BDTHWAYS CONCRETE SIDEWALK CULVERT) FOR VERTICAL CURB, GUTTEF�1 AND SIDEWALK CITY OF FORT COLLINS, COLORADO; "� ENGINEERING SERVICES UNIT L APPROVED BY: ^ DATE: REVISIONS: D-1 aB 3'0" fi' ~ /64 BARS AT EXTEND WALK I'0" 11 C. BEYOND NORMAL 8 C 85 WITH 1 V2" DIA. HOLE BACK OF WAUL IN CENTER —EXTEND 6" 3,1 CHANNEL TO OUTSIDE EDGE OF WALL. WAIL —4 BARS AT 9"O.C. C m 1 RAO � V( �-'2 `A' AT 6' O.0 AT 6"O. DETAIL BACK OF CURB F .0—SEE J DETAIL 2' 4" $ O" 4 BARS AT i 12"OC. FLDWUNE SEEN "Bx �4 BARSDET1 WARPED CURB e _ —L GUTTER TYP _ fO tio • _ _ 5 BARS 3'6" 4 O" OPENING 3' 6" �' - _ - 1% SLOPE_ —I %m I I. D" T as mats o *4 BARS - III 2" 4C. A BOTH PLAN VIEW SECTION A -A ' BE 8.5 FLUSH I V2" R *4 BAR s WITH CURB 1/4"—I"LEG IB" LONG FACE y_ Ve 4'0" 3'6" _,d. ••'a•' WARPED GUTTER DEPRESSED GUTTER WARPED GUTTER -ai 4s1 P•:•,, .G•. m TOP OF CURB 2=t - 5 BAR c' 1 1/2" PIPE SPACER NORMAL ALTERED AND 1 V4" LOCK NUT •;a•- - •. • •. FIOWLINE _ =: � - FLOWLINE • . G'• '' �;. I [A" DIA x IG V2" GALX STEEL ROD —THREADED 3 1/2" Ar TOR SECTION B-B (REINFORCEMENT NOT SHOWN) m 11' O" I'0" :04 BARS 5 BAR R 3"x3"x3/8_ PLATE b ADD 1 *4 BAR ADD 1 #4 BAR DETAIL B *4 BARS -12" 0.C. BOTHWAYS (� SECTION C-C l� GENERAL NOTES: !. SIDEWALK SHALL BE B' THICK FOR 3"0- ON CONCRETE SIDEWALK CULVERT EITHER SIDE OF CULVERT. FOR DRIVE -OVER CURB, 2. TOP SLAB OF CULVERT SHALL BE SLOPED GUTTER AND WALK TPATCH SIDEWALK. SEE D-6. CITY OF FORT OLORADO 3. EXPOSED STEEL SHALL BE GALVANIZED IN COLLINS,� ACCORDANCE WITH AASHTO M-111. ENGINEERING SERVICES UNIT 4. KEY JOINTS WHERE WALLS CONNECT TO TOP SLAB AND BASE. APPROVED DY: 5. REINFORCEMENT IN WALLS AND BASE SHALL DATE: �.SAV/604 BE 3' FROM THE SIDE EXPOSED TO EARTH. REVISIONS: REINFORCEMENT IN TOP SLAB SHALL BE 1 1/2- CLEAR. I ® 13 L■IIIII'IIIII, IIIII, IIIII, IIIIIII'� k) F E 7 i I � � I •N � m n t0 iC � L g-Ti N 01\ ! 1� N O ! i � Q w I , D z r-r) wJ I N0 LL Q ' Q Q Q, N o : n S ;.... O I�' ! Q 1 O J I O z - J w j Q W i^ i O � z. LL i 1 W � O ' ! U 1 I O 1 n n N 1 A O ✓ W i y O 'J yj z y i C) ^ U O r DECK RING WITH Ai /6;jZFVLY DENVER COVER BY MACLEAR OR APPROVED EQUAL 3' 0" 1 S' 0" 1 3' O" 1 1 2' 0" _ 4' 6" _ 1 SEE CURB FACE ASSEMBLY DEfAI 6" TH ICK SIDEWALK (TYPICAL ,•, MANHOLE BOTH SU)ES1 ( I RUNGS-12 RACK OF B W CURB 1% SLOPE FOR lOWUNE '' DRAINAGE WARPED CURB B SEE DETAIL GUTIER (TYPICAL A" BOTH SIDES) yy 8[8.5 FLUSH WITH CURB FACE IVY m 5a A-wJ PLAN VIEW 1 1/2r/10 R I "-1" LEG dt4 BAR 1e' LO G 44 m S BAR o • -, o• .•�-_' 11/2 PIP€ SPACER AND I I/4' LOCK NUT V 2•I - •. 'a; ' O• i _ ; 1 1/4 DUI a 24" GALV. W C STEEL ROD -THREADED 3 1/2"AT TOP Q m • -Q 1/4 W -. 3" a 3"a 3/8" PLATE Q v••• ;4 CURB FACE ASSEMBLY DETAIL GENERAL NOTES: 1- SEE D-'7b FOR REINFORCEMENT. 2_ FLOOR OF INLET SHALL BE SHAPED WITH ADDITIONAL CONCRETE TO FORM INVERT TO PIPE, CONNECTIONS. 3. MANHOLE RUNGS SHALL BE REQUIRED FOR QINLET HEIGHTS 4'AND GREATER. 4. SIDEWALK SHALL BE 6' THICK FOR 3' O' ON EITHER SIDE OF INLET, S. TOP SLAB OF INLET SHALL BE SLOPED TO MATCH SIDEWALK. SEE 0-6. 6. EXPOSED STEEL SHALL BE GALVANIZED IN ACCORDANCE WITH AASHTO M-111 SECTION A -A 3 6" 4' 0" 3' 6" WARPED GUTTER IDEPRESSED GUTTER WARPED GUTTER TOP OF CURB NORMAL _ ALTERED FLOW LINE "` a FLOWLINE 2'6" MINIMUM W (UNLESS SQUASH •_ PIPE IS USED.) � W S I% SLOPE - x FORAINAGE � SECTION B-B EXTEND CHANNEL TO OUTSIDE EDGE OF WALL DETAIL "A" CURB INLET - 4' OPENING FOR VERTICAL CURB & GUTTER CITY OF FORT COLLINS, COLORADO ENGINEERING SERVICES UNIT APPROVED BY: DATE: 3/G /84 REVISIONS: ®-7a L I City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 1 BID #5522 CONCRETE PROJECT — PHASE fl 0 SPECIFICATIONS AND CONTRACT DOCUMENTS QDescription of Bid Concrete Project — Phase II, Bid #5522 QOPENING DATE July 7, 2000, 3 30p m (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made Contract Period This Agreement shall commence when this contract is signed by the City, and shall continue in full force until August 1, 2001, unless sooner terminated as herein provided In addition at the option of the City, the agreement may be extended for additional one year periods not to exceed two (2) additional one year periods Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing aIf you have any questions please contact John Stephen, CPPB, Buyer, at 970-221-6777 C A RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 256 W Mountain Avenue • PO Box 580 • Foit Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 I a` Bid Schedules subject to changes as provided in the Contract Documents 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through CONTRACTOR 1/ L BY. t ADDRESS 3f l�wi? G�Gc lea }r 11 �? t< fee 8. BID SCHEDULE (Base Bid) Please use attached Bid Schedule. 0 9 PRICES The foregoing prices shall include all labor, materials, transportation, r shoring , removal, dewatering, overhead, profit, insurance, etc to cover the complete work in place of the several kinds called for Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RRSPFCTF17LLY SUBMITTED Signature Title License Number (If Applicable) 7/96 a Section 00300 Page 2 1 1 Q 11 1 FLOWLINE p C83 WITH IV2` 408 407 a DIA. HOLE IN CENTER 3.0" _ 3.0. A-+J PLAN VIEW TABLE I T BAR UST FOR CURB INLET I1 MARK DIA O.C. I TYPE NO LEH IN. I ffACMI REO D 401 e" 3r 4 3' 10" 402 12 1ff * 7'10" 403 12 7Y 6 7 4 404 1/2" 12" I = 14 405 12 SL * 3 2 406 12 If 4 407 12" 31 2 9' O" 408 12" vm 4 3'4" 501 5 /8" 9 II 2 V O" 502 5/8" 9" II 1 4'8" 503 3/8 6" 3 1 9'O" 504 5/8" 6• 3L 2 4' B" 601 3,N` — 3f$ I 8' 10" 1/2" 24" — 2 1'6" LENGTH TYPE I StrGlgh 1�� I TYPE 3 1 nun I"►54"� TYPE HUis nun {•e4B"� VARIABLE WITH HEIGHT, REFER TO TABLE 2_ 29" ... TYPE II" B80t 1 TYPE .Se Loop BAR BENDING DIAGRAM BAR (402) �4 404 i 4_BAR 1f SECTION A -A SECTION B-B TABLE 2 OIIANTITIFQ VARIARI F WITN WFIrZMT NO. REdD1111 LENGTH 1 C.Y LB. H 1CONtiSrEEL 402 1 405 1 404 1 406 3'C 10 6 3 f 2 1 2.7 1 219 4'0" 12 6 3'I' 2'7" 2.8 240 4 G" 12 a 4' 2" 3' 1" 3.0 2W 5 0" 14 10 480 3' 7" 3.1 266 5' 6" 14 10 5'2" 4 1" 3.3 272 6'0" 16 12 5'8" 4'7" 3.5 293 C 6" 16 12 6' 2" 51" 3A 299 7'0 16 14 6'6" 3'7" 38 3W Y 6" 18 14 7' 2" 6' 1" 39 326 Ii 0" 20 16 Y B" C 7" 41 347 8' 6" 20 16 A 2" 7' 1" 4.2 3S3 9' 0" 22 IB e'd' 7'7" 44 373 9' 6" 22 18 V 2" B' I" 46 379 IdO" 24 20 VS" BY 4] 400 601 ADD 1 I �� (DIMENSIONS ARE OUT CURB INLET - 4' OPENING TO OUT OF BAR) GENERAL NOTES: FOR VERTICAL CURB & GUTTER - (REINFORCEMENT) 1. QUANTITIES INCLUDE VOLUMES OCCUPIED BY CITY OF FORT COLLINS, COLORADO PIPES. STRUCTURAL STEEL AND REINFORCEMENT AROUND PIPES ARE NOT INCLUDED. ENGINEERING SERVICES UNIT 2. KEY JOINTS WHERE WALLS CONNECT TO APPROVED BY: TOP SLAB AND BASE. 3. REINFORCEMENT IN WALLS AND BASE SHALL BE DATE: g 3' FROM THE SIDES EXPOSED TO EARTH. REVISIONS: REINFORCEMENT IN TOP SLAB SHALL BE 1 1/2' CLEAR. I D-7b, A41*1 A--oJ PLAN VIEW TABLE I RAR LIST FOR CIIRR INI FT PARK DIA. O.C. TYPE NQ LENGM IN WACM REO'D 402 1e' 3Z 7'10" 404 12" a 14 d1E 406 12" 3L 4 iF 407 1/2" 12" 3I 2 9'0" 409 6" a 4 d 4" 410 12" Y 6 6' 10" 411 12" 3L 1* 2' 8" 412 12" 3z 4 3' e" 501 9" a 2 9' D" s02 s " 9" a 1 4'6" 5D3 6' a 1 9'(f 504 6" a 1 4 8" — 3� N E SECTION A —A 410 SECTION B—BTYPE Uto TABLE 2 QUANTITIES VARIABLE WITH HEIGHT I 3'O" f VARIABLE LE ZITH HEIGHT, REFER TO 9 TYPE M Beth TYPE (\ yJQ\ Loop BAR BENDING DIAGRAMS IA REO Q LENGTH C.Y. L8. H LONG STEEL 402 405 404 1 406 3' 6" 10 6 3'2" 2' 1" 2.5 210 4'0" t2 a 3'd' 2'7" 2.6 230 4' 6" 12 8 4 2" 3' 1" 2B 236 6' 0" 14 10 4' 6" V r 2.9 268 S' 6" 14 10 5'2 4'1" & 1 262 d 0" 16 12 S8" 47" 32 202 d 6" 16 12 d 2" 510 3.4 288 Yd 18 14 de" Y7" 3.5 306 '/ C 18 6' I" 37 314 d O" 20 8 7" 3 8 334 8'6" 20 Y 1" 4D 340 9'O" 22 t2O 7'Y' 4.1 380 9'6" 22 8' 1" 43 366 Id d- 2a d7" 4.4 386 ADD 1 I #4 BAR (402) (DIMENSIONS ARE OUT CURB INLET - 4' OPENING FOR TO OUT OF BAR) DRIVE -OVER CURB & GUTTER � GENERAL NOTES: (REINFORCEMENT) t- QUANTITIES INCLUDE VOLUMES OCCUPIED BY CITY OF FORT COLLINS9 COLORADO PIPES. STRUCTURAL STEEL AND REINFORCEMENT AROUND PIPES ARE NOT INCLUDED. ENGINEERING SERVICES UNIT 2" KEY JOINTS WHERE WALLS CONNECT TO APPROVED BY: TOP SLAB AND BASE. 3. REINFORCEMENT IN WALLS AND BASE SHALL BE DATE: 3 G 4 3- FROM THE SIDES EXPOSED TO EARTH. REVISIONS: aREINFORCEMENT IN TOP SLAB SHALL BE 1 1/20 CLEAR. D-8b iy IDEWALx SBOTH SIDES) B v. �- y WARPED CURB B GUTTER (TYPICAL BOTH SIDES) SC 8.5 FLUSH `1/t"R WITH CURB m A 4"1 / z4 HEAVY DENVER COW" BY MACLEAR OR APPROVED EQUAL I _ 5' 0" _ I V o" I 4'0" OPENING Iro" A"NJ PLAN VIEW I I" L *4 BAR IB" LONG 5 BAR - 11/2 PIPf SPACER AND 1114 LOCK NUT I I/4" DIA 124" GALV- p• ' IJ STEEL ROD -THREADED n 3 U2"AT TOP • W ' 14" W .Q. PLATE CURB FACE ASSEMBLY DETAIL GENERAL NOTES: 1. SEE D-8b FOR REINFORCEMENT. 2. FLOOR OF INLET SHALL BE SHAPED WITH ADDITIONAL CONCRETE TO FORM INVERT TO PIPE CONNECTIONS. 3. MANHOLE RUNGS SHALL BE REQUIRED FOR INLET HEIGHTS 4'AND GREATER. 4. SIDEWALK SHALL BE 6' THICK FOR 3'0' ON EITHER SIDE OF INLET. S. TOP SLAB OF INLET SHALL BE SLOPED TO MATCH SIDEWALK. SEE D-6. 6. EXPOSED STEEL SHALL BE GALVANIZED IN ACCORDANCE_ WITH AASHTO M-711. TOP OF CURB B SEE CURB U FACE ASSEYB DETAIL �- • MANHOLE •i -; RUNGS-12"OC. : •'a I% SLOPE FOR • DRAINAGE u JL .• , al r t - — SECTION A -A 3' G" 1 4' 0" WARPED GUTTER I DEPRESSED GUTTER WARPED GUTTER TOP OF CURB -__.-: :-•I _.. •-ice-' - . -: - -i NORMAL ' ALTERED r FLOWLINE n ' • FL WLINE 6" _bXe ` 'O 2'G" MINIMUM Js (UNLESS SQUASH '^ • • PIPE IS USED) Q ' I % S LOPE FOR DRAQUIGE _ SECTION B-B 6 y,Aly EXTEND CHANNEL TO OUTSIDE I EDGE OF WALL 3 I i RAD I LI DETAIL "A" CURB INLET - 4' OPENING FOR t DRIVE -OVER CURB & GUTTER CITY OF FORT COLLINS, COLORADO- ENGINEERING SERVICES UNIT APPROVED BY: DATE: 314 /IN REVISIONS: i D O v w n m In O = Cl) c� > C CD z C -� m rn m > po r m D �K� -� I= MUD aI< aoaaoo 1 IL �-19 1/2 --� 4•-- 20 v7 v2.r� I � I 45, Z • D Oh •f 35 YY�3 o_ rw Vanes �-� '4. i` W _ —12 N _; m Irl d11 N N Pipe O ,� e na n� it N N N G� n� N Y 7 i J ' N ' = O � x � N N 13• f �W tw� T Lo N 11 1 O III_ q rR n7 _-a �a __n ' c Oc On 7 C 1 rk Y IQ Cl PAGE 1 OF 1 a s a x C2 r� O S a 0 Q 1 Q H � Z r Z S Qi W V) Or C W W F� m 6 Q Q S S N W 1� G=.,i W Lj 6 m! 2 W Lj W O Q =on d_ Imo— , C=v=s 2 d¢ 3 3 W -aZ O W G N h C W Q m Jcc S R...� m = O ¢ J N u S� Z J W m Z N 3 Z N C Z_ S_Lm _J F N oz f/f u c a c= z = = z NL.• Or C A W r_ C9 v K'1 NO Iml lal 0 SECTION 03500 PROJECT MAPS I I l�J I IM I I7 I I I 0 I I I I 0 U ro E Olive St Mathews Street E Magnolia St l E Mulberry St E Myrtle St m a N m � m LL' .cn 0 -c o E Laurel St o E Plum St z W Mountain Ave Sherwood Area W Oak St- 0 i 0 W live St N � P E W St oc J8Magnolia a G ¢' w L lU _ co C7 W Mulberry Si 0 U W VVtyrtle St E v U) Monroe Drive oe W Monroe Pie Ave w w w E HORSETOOTH RD J J O U >, cu U Y LL a Creger Dr o L _U Bockman Dr c v_ tcmnison ur Dora , St Effmgham y St U 3 o Bedford w U m23o Devonshire Dr `D Cu : N L Casa N cn > Cheshire B Of 1e Gan y St65 ? Derby Ct p c d� o m �Ikerpoo U 3'y, o Newcastle Gt OJce 0 w a. Lindseym N Ames Or 3 Ct Ct y o Y Bronson st E 101« d o Kent Ct v m Ct E eJ Y� St �Um� nE L Churchhill Ct " w rnO m W HORSETOOTH RD ulU Birmingham Area era\ \mp a a � c U d L N VI ) Q � C Umver c v South Dr lj N W c m Ubmes Lake Street Area (It Summer Blevins_ St Ct W Prospect Rd °� w Balsam Ln °-, Juniper Ln o_ a E°o Hobbit St a�Do V Birky PI t 3 She ly Dr w -�a �aG CY %"eer en be rg Dr Or set 4nIN t Ct zenith Ct Cotswota Merino Ct d Of -0, Ct Panama x Or Ct \o� a e e F� m \V \e Gr FG9 J\ aw Y Char ��-Si Wyanoo�e ¢r n� JyK 'e Dr rro` -- o T Co U m J U m `o `oho -o Ave , in o Valley F'I rga E � `q once Hampshire !0'r Sq y �c Hampshire E Ct Ct = W Drake Rd Fox Run Ct Hampshire Road o a9 e 0 E V >L Z ul Eaton St w � o U Um Westwood Dr a o 3 a w Q do n m m � d 0 U Z Hickory Street Hjbdon Ct Hickory St Hemlock St (Seal - if J1 Bid is by corporation) Attest aAddress //� /F�'%., <� !z� ._� <• r ��:-.� f �j Telephone t� I n 0 a I, C I I a 7/96 Section 00300 Page 3 ICI a SECTION 00330 BID SCHEDULE aCity of Fort Collins Concrete Program - Phase H 9 n I n DESCRIPTION PRICE UNIT TOTAL ESTIMATED NO. 4UESTIMATED ANTrff AMOUNT 40350 Temporary Patching `' TON 1,050 j a�c� `= 60410 Reconstruct Inlet Deck -Catch Basin EA 10 60411 Reconstruct Inlet Deck - Catch BasinG/ LF 9 Additional Foot Opening GU /GU 60412 Reconstruct Curb Inlet Deck - 4' Opening %7Jo0 EA 1 60413 Reconstruct Curb Inlet Deck - 4' Opening LF I Additional Foot Opening 604 14 Type 13 - Curb Inlet with Frame, Grate, and EA 1 c• Adjustable Curb Bonnet 3lG / 3 GC ' 60415 Concrete Sidewalk Culvert r/jG) °�' EA 1 f�= J�G% 60416 Metal Sidewalk Culvert - W' Plate 35C `% EA 10 60417 Additional Square Foot %" Plate i r 4116 SF 5 5 5-67 rG 60801 Remove and Haul Fillets 7 EA 2 / 60802 Apron - Remove and Replace S �' SF 800 r[ gG 60803 Crosspan - Remove and Replace ,S =' ' SF 1,400 96) 60804 Driveover Curb, & 4" Sidewalk 3� LF 1,150 Remove and Replace x 60805 Dnveover Curb, Gutter & 6" Sidewalk y 475 Remove and Replace 608 06 Dnveover Curb and Gutter - No Sidewalk LF 50 Remove and Replace / G''G L • `- 608 07 Driveover Curb, Gutter and Drive Approach _yam LF , 50 tip Remove and Replace J; C .25— i 608 O8 Vertical Curb, Gutter and 4" Sidewalk - LF 750 i Remove and Replace eP J S '� 7lv �752i ' 608 09 Vertical Curb, Gutter and 6" Sidewalk c� LF 50 Remove and Replace ? 60810 Vertical Curb and Gutter - No Sidewalk LF 1,650 Remove and Replace 608 11 Vertical Curb, Gutter and Drive Approach 725 Remove and Replace TOTAL PAGE 1 1 of 3 C I n lull n n O I C C I I IITM ESAT D TOTAL DESCRIPTION PRICE UNITNO, QU ITY ESTIMATED AMOUNT 60812 Vertical Curb, Gutter and Drive Approach LF 150 go Sidewalk -Remove and Replace 608 13 Vertical Outfall Curb and Gutter LF 50 Remove and Replace 60814 Hollywood Curb, Gutter and 4" Sidewalk LF 1,550 Remove and Replace 60815 Hollywood Curb, Gutter and 6" Sidewalk Replace o5 LF 50 Remove and 608.16 Hollywood Curb and Gutter - No Sidewalk -, LF 50 Remove and Replace 60817 Hollywood Curb, Gutter and Drive Approach LF 750 Remove and Replace „%7 608.18 Highback Curb and Gutter - No Walk yG LF 2,425 Remove and Replace 60819 Highback Curb, Gutter and Drive Approach LF 400 Remove and Replacec,� 608 20 Pedestrian Access Ramp, Dnveover Curb i LF 250 Remove and Replace 60821 Pedestrian Access Ramp, Vertical Curb G{ LF 275 Remove and Replace 60822 Pedestrian Access Ramp, Hollywood Curb LF 50 Remove and Replace`.,...- 608 23 Pedestrian Access Ramp, Highback Curb SF 975 Remove and Replace —' �+ 60824 4" Flatwork - Remove and Replace SF 4,775 60825 5" Flatwork - Remove and Replace y = G SF 6,250 C1 C 608 26 Replace Flatwork 1" Additional Depth SF 50 y Gy 60827 I'VRemove Pa 6" Depth SF 50 ci Replace G _ G 60829 Aggregate Base Course TON 1,000 .i 61401 "NO PARKING" Sign With Stand Per Day Per Each 1,900 7t- S' 61402 Vertical Panel Without Light y 6 i, Per Day Per Each 60 , E c� 61403 Type I Barricade Without Light Per Day Per Each 10,000 t%GG 61404 Type II Barricade Without Light ® 6 0 Per Day Per Each 10 /J Ca' 614 OS rype III Barricade Without Light L Per Day Per Fach 200 614 06 .Size A Sign With Stand f, n Per Day Per Each 1,100 TOTAL PAGE 2 2of3 J I HT "" DESCRIPTION PRICE UNIT QC ESTIMATED� ff TOTAL ESTIMATED AMOUNT 614 07 Sys B Sign With Stand r Per Day Per Each 100 614 08 Size A Specialty Sign - Cost of Manufacturing r ��' Each 10 61409 Srze B Specialty Sign - Cost of Manufacturing Each 10 7D 61410 Cone With Reflective Strip S- Per Day Per Each 100L 61411 Safety Fence S ��" Per Day Per Roll 25 / )r i 61412 Light - Steady Bum ,S Per Day Per Each 20 7 61413 Light - Flashing j Per Day Per Each 2,000 61414 Advance Warning Flashing or Sequencing AImw Panel �. ` PerUnit Per Day 20 614 15 Traffic Control Supervisor-y =� Per Day 40 61416 Traffc Control Supervisor 7�S- Per Hour 150 614 17 Flagging �tl� Per Hour 1,400� c� TOTAL PAGE 3 rt TOTAL PACE 1 Vic ' TOTALPAGE 2 f '� TOTAL COST'$' ^'r" Signed i Company V Dollars and :" Cents Address Phone/Fax Check One: Individual Doing Business in Company Name Corporation Partnership 1/��e( ��c, cre�e c/an iacf" C�.n�///P% 1je �Uzar/� in 1'4e Gt Ile ec,� C,,4t ys Q pe7 ,-'rA GEC 7VI e Ca 0,-rt' i 7- K.v 3 of 3 SECTION 00400 USUPPLEMENTS TO BID FORMS a 00410Bid Bond 00420Statement of Bidder's Qualifications F 00430Schedule of Subcontractors CI H I I SECTION 00410 a BID BOND KNOW ALL MEN BY THESE PRESENTS that we, the undersigned Vogel Concrete, Inc. as Principal, and Inland Insurance Company as Surety, are hereby held and firmly bound unto the City of Fo r' Qoll,nc Cn=p as OWNE:3� in the sum of $ 5% of the Total Bldfor the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns THE CONDITION of this obligation is such that whereas the Principal has submitted to the C1ty of Fort Collins Color..4d-2 the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, CONCRETE PROJECT PHASE II, BID NO 5522. NOW THEREFORE, (a) I''_ said Bid shall be rejected, cr (b) I`_ said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall Furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing ,R labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, t'ien this obligation snail oe void, otherwise the same shall remain in ii force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid, and said Surety Dip does hereby waive notice of any such extension Surety Companies executing bonds must be authorized to transact nusiness in the State of Colorado and be accepted by the OWNER. I U 7/96 Section 00410 Page 1 J H I IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their rinds and seals this 7th day of July , 20 00, and such of them as are r coporations have caused their corporate seals to ne hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above PRINCIPAL Name Fogel Concrete, Inc. SURETY ' Inland Insurance Company aAddress 1313 Blue Spruce Drive, Ste. B 1312 E. Nichols Ave. I t I 9 I Fort Collins, CO 80524 BY:/ Title: ATTEST y (SEAL) Littleton, CO 80122-2913 BY : 64A&jdtc SheHey V a s cTi Title Attorney -in -Fact LOCK OM LOCK FON Gomm 9ES Post Office Box 469000 / DCIIVIr, CO 80246-9000 (303)753-2000/Fax (303)753.2099 (SEAL) 7/9E Section 00410 Page 2 INLAND INSURANCE COMPANY aLincoln, Nebraska POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Ile INLAND INSURANCE COMPANY, a corpotahon of the State of Nebraska having its prinapal office of the City of Lmcoln, Nebraska, pursuant to the following Bylaw, which was adopted by the Board of Directors of the said Company on July 23, 1981, to wit "Article V-Sector 6 RESIDENT OFFICERS AND ATTORNEYS -IN -FACT The President or any Vice President, acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice Presidents and Attomeys-In-Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as Surety Any and all imc1cmil tngs of suretyship and to affix thereto Ile corporate seal riffle corporation The President or any Vice President, acting with any Secretary or { Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time " i does hereby make, constitute and appoint WILLIAM M. O'CONNELL, JR. OR SARAH FINN OR SUE WOOD OR SHELLEY CZAJKOWSKI OR DEBBIE POPPE OR CELESTE T. MOORE—HELMS OR DEBBIE A. HASLAM, DENVER, COLORADO its true and lawful Auomey(s}m-Fact, to make, execute, seal and deliver for and on its behalf, as Surety Any and all undertakings of suretyship And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, in all intents and purposes a as if they had been doly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska,"' their own persons The following Resolution was adopted at the Regular Meeting of the Board of Directors of the INLAuND INSURANCE COMPANY, held on July 23, 1981 "RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Article V-Secton 6 of the Company Bylaws and that any such Power of Attorney bearing such facsimile signatures, including the facsinale signature of a certifying Assstant S,xremry and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to whmh it is '} mached" All authority hereby conterred shall remain in full force and effect until terminated by the Company IN WITNESS WI:EREOF, INLAND INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereunto off xed this 21 —day of JUNE , 2G 00 i INLAND INSURANCE COMPANY r �� t� �CORR�RAIE •tit RFA s Secrumry By Vae President °�q neeR•§ State of Nebraska ) s5 County of Lancaster ) On this 21 day of JUNE , 20 00 , before me personally came Robert L Pnvett, to me known, who being by me duly swom, did depose and say that (s)he resides in the County of Seward, State of Nebraska, that (s)he is the Vice President of the INLAND INSURANCE COMPANY, the corporation described in and whica executed the above instrument, that (s)he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, that (s)he signed (his) (her) name by like order, and that Bylaw, Article V-Section 6 adopted by the Board of Directors of said Company, retemd to in the preceding instrument, is now in force 'I GENERAL NOTARY -State of Nebraska CHERYLA BROWN MY Comm. EV Apr012, 20M My Commission Expues April 12, 2003 Notary Public ( U u 1, Jeanne Beno, Assistai , Secretary of INLAND INSURANCE COMPANY, do hereby cemfy that the above and foregoing is a true and correct copy of a Power of Attorney executed by eaid INLAND INSURANCE COMPANY, which is still in lull tome and effect Signed and sealed at the City of Lincoln, Nebraska this 7 th day of July , 2000 r�•`-'a CORPoRRE i SFA 1 / I/� /• �te4EfrT �.� ..a--",-✓ (/ Assistant Secretary SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions muss be answered and the data given must be clear and comprehensive This statement must be notarized If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires 1. Name of Bidder+✓ ��c %�7��'e� ✓�"/C 2 Permanent main office address: y 3 When organized 4 If a corporation, where incorporated: S. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Ccntracts on hand- (Schedule these, showing the amount of each contract and tl-e appropriate anticipated dates of completion ) 7 General character of Work performed by your company N Have you ever failed to complete any Work awarded to your If so, where and why? 9, Have your ever defaulted on a contract's If so, where and whys 10 Are you debarred by any government agency If yes list agency name 7/96 Section 00420 Page 1 I CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00635-1 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 E11 00660 Consent of Surety 00670 Application for Exemption Certificate 00660-1 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A 00800 Supplementary Conditions GC -Al - GC-A2 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-2 i SPECIFICATIONS 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14 Background and experience of the principal members of your organization, including officers - is Credit available: $ 16. Ba-ik reference 17. WiLl you, upon request, fill out a detailed financial statement and furnish any, other information that may be required by the OWNER is Are you licensed as a General CONTRACTOR If yes, in what city, county and state? class, license and numbers' What 19 Do you anticipate subcontracting Work under this Contract° If yes, what percent of total contract? and to whom' 20. Are any lawsuits pending against you or your firm at this time' If yes, 7/96 Section 00420 Page 2 21 What are the limits of your public liability DETAIL What company' 22 What are your company's bonding limitations 23 The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications Dated at this day of Name of Bidder By Tztle State County 2 0_ being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct Subscribed and sworn to before me this day of 20 Notary Public My commission expires 7/96 Section 00420 Page 3 I SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract 7/96 ITEM SUBCONTRACTOR Section 00430 Page 1 0 N Y 0 a I a I o- 0 u 0 a m 0 0 cn 0 N R 4 rM ;d [4] N RI M N M 14 9 N SECTION 00500 AGREEMENT FORMS 00510Notice of Award 00520Agreement 00530Notice to Proceed V I NOTICE OF AWARD Date. July 21, 2000 TO Vogel Concrete, Inc. PROJECT CONCRETE PROJECT PHASE II, BID NO. 5522 OWNER. CITY OF FORT COLLINS ' (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated July 7, 2000 for the above proDect has been considered You are the apparent successful Bidder and have been awarded an Agreement for Concrete Protect Phase II; Bid No 5522. QThe Price of your Agreement is Six Hundred Forty-six Thousand Eight Hundred ' Thirty-eight Dollars $(646,838.00) Fill a Four (41 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award Four (4) sets of the Drawings will be delivered separately or otherwise made available to you immediately You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by August 5, 2000 1 You must deliver to the OWNER four (4) fully executed counterparts of the Agreement including all the Contract Documents Each of the Contract Documents must bear your signature on the cover of the page Q 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5 1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle a OWNER to consider youi Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached W I O7/96 Section 00510 Page 1 s V SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 21". day of July in the year of 2000 and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and Vogel Concrete Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the CONCRETE PROJECT PHASE IL, BID NO 5522, and is generally described in Section 01010 ARTICLE 2 ENGINEER The Project has been designed by City of Fort Collins, Engineering, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents 0 ARTICLE 3 CONTRACT TIMES 3 1 The Work shall be Substantially Complete within 52 working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 55 days after the date when the Contract Times commence to run 3 2. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter 10/97 Section 00520 Page 1 I I u I 0 a 0 N I C I K 1) Substantial Completion One Thousand Dollars ($1,000 00) for each working day or fraction thereof that expires after the Fifty-two (52) working day period for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance - After Substantial Completion, Five Hundred Dollars ($500 001 for each calendar day or fraction thereof that expires after the Fifteen (15) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows ($646,838 00), Six Hundred Forty-six Thousand Eight Hundred Thirty-eight Dollars, in accordance with Section 00300, attached and incorporated herein by this reference ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during_ construction as provided below All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2 6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work 5 1 1 Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14 7 of the General Conditions 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed 90% of materials and equipment not incorporated in the Work (but delivered, suitably 10/9" Section 00520 Page 2 11 u stored and accompanied by documentation satLsfactory to OWNER as provided in paragraph 14 2 of the General Conditions) may be included in the application for payment. x 5 1.2 Upon Substantial Completion payment will be made in an amount sufficient to increase- total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law 5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said aparagraph 14.13 ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations I I 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6 2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4 2 of the General Conditions 6 3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6 2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes 6 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities No additional examinations, investigations, explorations, tests, reports, studies or similar information or 10/97 Section 00520 Page 3 I a data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3 of the General Conditions 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, repor•r-s and data with the terms and conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7. CONTRACT' DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning Supplementary Conditions, those Documents" in Article 1 10 of the referenced in this Article 7, reference 7 2 Forms for use by actions in carrying out the terms and incorporated herein by this the following the Work consist of the General Conditions, items included in the definition of "Contract General Conditions, and such other items as are all of which are incorporated herein by this CONTRACTOR in performing the Work and related of this Agreement are deemed Contract Documents reference, and include, but are not limited to, 7 2 1 Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7 2 4 Consent of Surety 7 2 5 Application for Exemption Certificate 7 2 6 Application for Payment 7.3 Drawings, None O7 4 Addenda Numbers 1 to 1, inclusive 7 5. The Contract Documents also include all documents amending, modifying, or supplementing the to paragraphs 3 5 and 3 6 of the General Conditions written amendments and other Contract Documents pursuant a 7 6 There are no Contract Documents other than those listed or incorporated by reference in this Article 7 The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3 5 and 3 6 of the General Conditions a 10/97 Section 00520 Page 4 L'. FJ 0 p A I ARTICLE 8. MISCELLANEOUS a8 1 Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8 3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document OWNER- CITY OF FORT COLLINS CONTRACTOR, Vogel Concrete, Inc �i ByBY JOH SCHB Y MANAGER L-4y�R �,, ,'Syfad0.C7Ct:!JnJh BY 4. E B ;T LL II, +CB. „`,�``;°°-yam ' I CT R SOFI-�ASITG Title AND R SK�MANAGEMENT Date _ Date: / (CORPORATE SEAL) ""KfOu�eeee�j6a0 Attest e.6�OX _ Attest. City Cler] 10/97 Section 00520 Page 5 Address for giving notices P 0 Box 580 Fort Collins, CO 80522 Approved as to Form Assistant City Attc,�-nay 10/97 Address for giving notices So> 2- LICENSE NO Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work CONCRETE PROJECT PHASE ]I, BID NO. 5522 To: This notice is to advise you That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within _ ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be and , 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this of , 20_ CONTRACTOR By: Title: 7/96 Section 00530 Page 1 day SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurarce 00635 Certificate of Substartial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate 00600 PERFORMANCE BOND Bond No 79181L KNOW ALL MEN 13Y THESE PRESENTS that (Firm) VOGEL CONCRETE, INC. (Address) 1313 Blue Spruce Drive, Suite B, Fort Collins, Colorado 80524 6aIatdaxad3, (s ), (a Corporation), hereinafter referred to as "the Principal," and (Firm) INLAND INSURANCE COMPANY (Address) P.O. Box 80468, Lincoln, Nebraska 68501 hereinafter referred to as "the Surety", a corporation authorized to do business in the State of Colorado, are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue, Post Office Box 580, Fort Collins, Colorado 80522, a Murucipal Corporation, hereinafter referred Six Hundred Forty Six Thousand Eight Hundred to as "the Owner", in the penal sum of Thirty Eight Dollars and 00/100------ in lawful ($646,838.00) money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Constriction Agreement with the Owner, dated the 21stday of July 20 14 Oq a copy of which is hereto attached and made a part hereof for the performance of City of Fort Collins, Concrete Project Phase II; Bid No. 5522, Fort Collins, Colorado NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Construction Agreement during the original term thereof, and any extensions thereof which may be granted by the Owner, Page 1 of 3 I I I I I I with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Contract Agreement, and shall fully indemnify and save harmless the Owner from all cost and damages which it may suffer by reason of failure to do so, .and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. four IN WITNESS WHEREOF, this instrument is executed in wig counterparts, each one of 20 which shall be deemed an original, this 25thday of July i300 IN PRESENCE OF. (CORPOPATE S-EXC) ,- �^ /+ ai n..r ..+N Principal �VOGEL CONCRETE, INC. By - (Title) 1313 Blue Spruce Drive, Suite B. (Address) Fort Collins, CO 80524 Page 2 of 3 IN PRESENCE OF N/A IN PRESENCE OF Courtney Hoflan Denver, Colorado (SURETY SEAL) Other Partners By' N/A_ By N/A_ By N/A_ Surety INLAND INSURANCE Attorney-m-Factc,eleste T. r 1312 E. Nichols Ave., Littleton, Co (Address) ,cS�~ �SvyfGc. e�Uel°vts' NOTE. Date of Bond must not be prior to date of Construction Agreement. If Contractor is Partnership, all partners should execute Bond M20(41IDIT0 LOCK I ON COMPANIES Post Office Box 469000 / DCOVCr, CO 00246-9000 (303) 753-2000/Far (303) 753-2099 Page 3 of 3 P 00601 PAYMENT BOND Bond No 791811 aKNOW ALL MEN BY THESE PRESENTS that (Firm) VOGEL CONC=E, INC. (Address)L313 Blue Spruce Drive, Suite B, Fort Collins, Colorado 80524 (m mhldivttkuia , 4�Amwmho, (a Corporation), hereinafter referred to as "the Principal", and (Firm) INLAND INSURANCE COMPANY (Address) P.O. Box 80468, Lincoln, Nebraska 68501 hereinafter referred to as "the Surety", a corporation authorized to do business in the State of Colorado, are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue, Post Office Box 580, Fort Collins, Colorado 80522, a Municipal Corporation, hereinafter referred Ll Six Hundred Forty Six Thousand Eight Hundred to as "the Owner," in the penal sum of Thirty Eight Dollars and 00/ 100-------- in lawful a ($646,838.00) money of the United States, for the payment of which sum well and truly to be made, we bind aourselves, successors and assigns, jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Construction Agreement with the Owner, dated the 21st day of July 20 alr 0o, a copy of which is hereto attached and made a part hereof for the performance of City of QFort Collins, Concrete Project Phase II; Bid No. 5522, Fort Collins, Colorado NOW, THEREFORE, if the Principal shall make payment to all persons, firms, asubcontractors and corporations furnishing materials for or performing labor in the prosecution aof the work provided for in such Construction Agreement, and any authorized extension or I aPage 1 of 3 Ul I modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and aeffect. a I I I PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Construction Agreement or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. four IN WITNESS WHEREOF, this instrument is executed in tee counterparts, each one of 20 which shall be deemed an original, this 25th day of July ja00 IN PRESENCE OF - (CORPORATE SEAL)JC e '',, PrmrlpalVOGEL CONCRETE, INC. By 2�e;i . (Title) 13_13Blue Spruce Drive, Suite B, (Address) Fort Collins, Colorado 80524 Other Partners Page 2 of 3 CI IN PRESENCE OF N/A N/A IN PRESENCE OF gy Courtney Mbran Denver, Colorado (SURETY SEAL) By N/A By- N/ By- N/A Surety INLAND INSURANCE COMP ANY go... sa'...... e,'a . P...... y Attorney-m-Fact eleste T. lloor-e``del..s `s e14"ai90{4Cahalt� 1312 E. Nichols Ave., Littleton, Colorado 8012Z (Address) NOTE. Date of Bond must not be prior to date of Construction Agreement If Contractor is Partnership, all partners should execute Bond. a=DCFM LOLKTON COMPANIPS Post Office Boa 469000 / Denver, CO K246-9000 (303) 753-2000/Fax (M)753 2099 Page 3 of 3 I 1 p ISECTION 00020 INVITATION TO BID uF N 0 INLAND INSURANCE COMPANY Lincoln, Nebraska a POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS Q That the INLAND INSURANCE COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln, Nebraska, pursuant to the following Bylaw, which was adopted by the Board of Directors of the said Company on July 23, 1981, to wit "Article V-Section 6 RESIDENT OFFICERS AND ATTORNEYS -IN -FACT The President or any Vice President, acting with any Secretary or Assistant Secretary, shalt have the authority to appoint Resident Vice Presidents and Attorneys -In -Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as Q Surety Any and all undertakings of suretyship and to affix thereto ftx corporate seal of the corporabon The President or any Vice President, acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authonty of any such appointee at any time " does hereby make, constitute and appoint WILLIAM M. O'CONNELL, JR. OR SARAH FINN OR SUE WOOD OR SHELLEY CZAJKOWSKI OR DEBBIE POPPE OR CELESTE T. MOORE—HELMS OR DEBBIE A. HASLAM, DENVER, COLORADO its tine and lawful Attomey(s}m-Fact, to make, execute, seal and deliver for and on its behalf, as Surety Any and all undertakings of suretyship And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own persons The following Resolution was adopted at the Regular Meeting of the Board of Directors of the INLAND INSURANCE COMPANY, held on July 23, 1981 "RESOLVED, That the signatures of officers of the Company and the seal of the Company may he affixed by facsimile to any Power of Attorney executed in accordance with Article V-Section 6 of the Company Bylaws and that any such Power of Attorney hearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached " All authority hereby conferred shall remain in full force and effect until terminated by the Company IN WITNESS WHEREOF, INLAND INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereunto a affixed this 21 day of DUNE , 20 OU INLAND INSURANCE COMPANY PUT ,`t V J�C-aAP�01fAEE /P li /�ijl�,f`lpt\'/ vL Secretary By Vice President a ricer" a State of Nebraska ) ) ss County of Lancaster ) On this 21 day of JUNE , 20 DO , before me personally came Robert L Pnvett, to me known, who being by me duly swom, did depose and say that (s)he resides in the County of Seward, State of Nebraska, that (s)he is the Vice President of the INLAND INSURANCE COMPANY, the corporation described in and which executed the above instrument, that (s)he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal, Thai it was so affixed by order of the Board of Directors of said corporation, that (s)he signed (his) (her) name by like order, and that Bylaw, Article V-Section 6, adopted by Q the Board of Directors of said Company, referred to in the preceding instrument, is now in force II BENERAL NOTARY -State of Nebraska F,25., CHERYLA.BROWN Ny Ceram. Erq. Apra 12, 2003 My Comnussion Expires April 12, 2003 Notary Public C� J(> C L ✓"�J Q e�5icstue can„ I, Jeanne Betio, Assistant Secretary of INLAND INSURANCE, COMPANY, do hereby certify that the above and fogowg rs� trM�and°Enrrec['copy of a Power of r Attorney executed by said INLAND INSURANCE COMPANY, which is still in full torci. and effect Signed and sealed at the City of Lincoln, Ni.bneika this 2 S f-h day of .1111 y _, 20 0U :D ��+ •' ®,.. !CORPORATE z t /.,;,'1 � Assrsfan[5hrcWry t`.L case � y. I I CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company American Family Mutual Insurance Company if selection box is not checked 6000 American Pky Madison, Wisconsin 53783-0001 Agent's Name, Address and Phone Number (Agt /Dist) Insured's Name and Address aHarold F Lee Agency (127-305) Vogel Concrete Inc 2600 S Parker Rd #1-117 1313 Blue Spruce Dr B aAurora, CO 80014 Ft Collins, CO 80524 i 303-695-1040 This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder This certificate does not amend, extend or alter the coverage afforded by the policies listed below LI I 0 0 1, This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any conti act or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies POLICY TYPE TYPE OF INSURANCE POLICY NUMBER Effective Expiration LIMITS OF LIABILITY _ (Mo,Day,Yr) (Mo,Day,)'r) Homeowners/ Bodily Injury and Property Damage Mobilehomeowners Liability Each Occurrence Boatowners Liability Bodily Injury and Property Damage Each Occurrence Personal Umbrella Liability Bodily Injury and Property Damage Each Occurrence FarmlRanch Liability Farm & Personal Liability Each Occurrence Farm Employer's Liability Each Occurrence Statutory ... . Workers Compensation and Each Accident Employers Liability + Disease - Each Employee Disease - Policy Limit General Liability General Aggregate $ 2,000,000 ® Commercial General 05-X60979 1/1/00 1/1/01 Products - Completed Operations Aggregate $ 2,000,000 Liability (occurrence) Personal and Advertising Injury $1,000,000 ❑ Each Occurrence $1,000,000 ❑ Fire Damage (Any One Fire) $ 100,000 Medical Expense (Any One Person) $ 5,000 Businessowners Liability Each Occurrence ++ Aggregate + + Automobile Liability Bodily Injury - Each Person $ 1,000,000 ® Owned Autos (Basic form) 05-X60979 0111/00 01/1/01 Bodily Injury - Each Accident $ 1,000,000 ❑ Owned Autos (Comp form) Property Damage $ 1,000,000 ® Hired Autos Bodily Injury & Property Damage Combined 2 Non -owned Autos ❑ Garage liability Excess Liability ❑ Commercial Blanket Excess 05-X60979 0111/00 01/1/01 Each Occurrence/Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS +The individual or partners shown as Insured '"' elected to be covered as employees underthis policy ++ Products -Completed Operations aggregate is equal to each occurrence limit and is included in policy aggregate 'CERTIFICATE,HOLDER'S NAM E'ANO;AI]DRESS;;"''"`{, s{„;.".`i)n ;Si(ri„' a},=41ts?f1_- �=`_�,- 11„',;.CANCEL•LATION'-',P1K,. ® Should any of the above described policies be canceled before the City of Ft Collins expiration date thereof, the company will endeavor to mad'( 30 days) written Purchasing Department notice to the Certificate Holder named, but failure to mail such notice shall Attn Jan impose no obligation or liability of any kind upon the company, its agents or 256 W Mountain representatives '10 days unless different number of days shown Fort Collins, CO 80521 ® This certifies coverage on the date of issue only The above described policies are subject to cancellation in conformity with their terms and by the laws of the state of issue DATE ISSUED AUTHORIZE REPRESENTATIVE 0218/00 IU-201 Ed 1196 UKIWINAL - 4ertiricare itaiaer, UUPIBS to services, Insured, Agent DATE Htall1999 ACOR CERTIFICATE OF LIA-RILITY INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Pmnacol Assurance AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS 720 S Colorado Blvd CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Store 100, North Tower AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE DENVER CO 80246-1938 COMPANY A Pinnac01 Assurance wsuBEn owe VOGEL CONCRETE INC B 111 1313 BLUE SPRUCE DR STE B MPANY 1 FORT COLLINS CO 80524 C } AD D ;COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM AND CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NrIMBER PoIJCT ePPECFNe WISCY EXPDUT[ON L1FPI5 LTA DA mNM1V 1 DATEI^°Nm ) GENERAL, LLAED.I]'Y GENEMLAOOHEOATE COMASRCW.GENERAL IIABWTT PRODUCTS COWP@OPAGG-- PERSONALRA vAWRY CIADISMADE OCCUR EACH OCCURRENCE OWNER S R CONIEACNR's PROT FEREDAMAGE My —fie) MED EXP Airy ae ) wI1TOMOBBls [.IABB.I'I'Y ANY Atry COEWED SINGLE LLM[ BODILY UOURY ALL OWNED AVl'OS SCF@DUIPDAVIQ4 (F Pew) BODILY IOURY ISRrER AUTJ9 NON -OWNED AUTOS mdeel PROPERLY DAMAGE G cE LLIBD.ITY A=ONLY-EAACCMENT OTHER H AVIOOMY ANYAUTO EACHAMENT AGGREGATE g �r JEZC&3L BD,1'IY EACHIXCIIRRENCE AGGREGATE UAIDRHIIA PORM OLHER THAN UAIDREL[A POAM l 1 WORI(ERSCOF@PT9ATIONANO WCSTATU- OTTER EMPLOYERS LLARILITY TORY IAI'TS EL EACH AOMDEW $100 000 A 2086850 10/01/1999 10/01/2000 EL DISEASE POLICY TART $500 000 THE PROPRIETOR/?"TN M DiCI. EL DISMSE-EA EMPLOYEE $100000 EXECUTNEIAR OFFICERS E PXC 1 OTIMER DESCRiPITON OF OPEN1ATlON3l1ACAT10N3/PEmCLESI3P&(11L ITFA19 SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAM CIP4fi'FmCAT9 HKI'fiiBR CANCUiA9€"N 458777 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FORT COLLINS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL PURCHASING DEPARTMENT _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATT JAN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 256 W MOUNTAIN LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES FORT COLLINS CO 80521 AUTHOR] REPRESENTA Gary J Pou, P171 m AGOkD 23S tMSY ACOkCPCORit{IIlL2TlON 1988 HARRIi(:L CSR. pp "m f E 3mfAAl DpE moll W u m W wim He '9 ,I SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: CONCRETE PROJECT PHASE II; BID NO. 5522 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado OWNER• _City of Fort Collins CONTRACTOR. CONTRACT DATE: The work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or speciafied part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative last within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substan- tially complete and will assume full possession of the project or specified area of the project at 12:01 a m., on The responsibility for �I head, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below CITY IOF OWNER REMARKS: 7/96 trial By: AUTHORIZED REPRESENTATIVE Section 00635 Page 1 DATE 0 F SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO 20 You are hereby notified that on the _ day of 20_ the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins pro3ect, CONCRETE PROJECT PHASE II; BID NO. 5522 A check is attached hereto in the amount of $ as Final Payment for all Mork done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this pro3ect, your obligations and guarantees will continue for the specified time from the following date: Y. : City of Fort Collins By: Title: Ti 7/ Section 00640 Page 1 U1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) r TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) ` PROJECT: CONCRETE PROJECT PHASE II; BID NO. 5522 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER Eor all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, 01 alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, 7/96 Section 00650 Page 1 C employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 by Witness my hand and official seal. My Commission Expires: 7/96 day of Notary Public Section 00650 Page 2 4- SECTION 00660 CONSENT OF SURETY TO City of Fort Collins. Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: CONCRETE PROJECT PHASE II; BID NO. 5522 CONTRACT DATE. In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) _hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this ___ day of (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00660 Page 1 I III ® SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE p� Insert State certificate here. A 2 0 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232.2416 N Rt� CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) nr1 mnT wRiTF tN Ti-0R Sp6Cp The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue it is the responsibility of the prime contractor to issue certificates to each of the subcontractors (See reverse side.) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. RegistraboNAccount No (to be assigned by DOR) Period 0170-750 (999) 89 - �;, -- �;,, Yh. ; = -CON7RACTOR',-IN ,ORIUlATiONC'" - _ - _;•.; Trade name!DBA. owner, partner, or corporate rurme- Mailing address (City, State, Zip). Contact Person E-Mad address. Federal Employer's identification Number Bid amount for your contract �i Fax number Business telephone number. I Colorado withholding tax account number. °M° n N ?EiVATT Of�i - - >�i ri corifractin aities�� , ;Co iesoficantrac oia t,eirient a t'g. it• rdenti r gthe gp_ P 9 R 9, EX ICIiP iON fN �`_ = �{-� g^: atriing of canir_ ie =.;.- arid:(2) co>_ srgna_ tines acting pa mush ERJr td6hed Name of exempt organizabon (as shown on contract) Ecempt organization-s number I 98 - Address of exempt organization (City, State, Zip): Pnnapal contact at exempt organizabon: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date completion date: >-F K -S.n - in -G...v � vf.•� :: +A..-.•.,ram"-hf_,�,gy"+Y'G..�... Sf n-^~'.'.�.�:'.,u��. '3'- .. - .`�.r_ 'h.4 J✓n-...'"-..:'e4__.A-��v FS�.�.av 'h L ram_ :ix•` YI..-;+:�:�.-.�-^ 11. • _-4d+r'. y `..vi h Y'a..: �T.-.. :R `tl �� ls' • b+[ �+- I declare under penatfy of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer. Title of corporate officer. Dale. DO NOT WHITE BELOW THIS LINE SECTION 00020 INVITATION TO BID 9 Date: June 15, 2000 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 256 West Mountain Avenue, Fort Collins, Colorado until 3:30 P.M., our clock, on July 7, 2000, for the Concrete Project Phase II; Bid No. 5522. 1 At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the removal and/or replacement of concrete curbs, gutters, sidewalks, crosspans, aprons, drive approaches and pedestrian access ramps, and placement of temporary asphalt patching adjacent to new concrete on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. All Bids must be in accordance with the Contract Documents on file with The City of Fort: Collins, 256 West Mountain Avenue, Fort Collins, Colorado 80521. Contract Documents will be available Monday, June 19, 2000. j Copies of the Contract Documents, complete with Construction Specifications and 11 Drawincs, may be obtained from Purchasing Division at 256 West Mountain Avenue, Fort Collins, Colorado, 80521 upon payment of a refundable fee of twenty-five dollars; ($25.00) per set. No partial sets will be issued. The Contract Documents and Construction Drawings may be examined at: 1. City of Fort Collins, Purchasing Division. 2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado. 3. C14D Denver Plan Room, 9250 E Costilla Ave, STE 400, Englewood, CO 4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 5. The Plan Room, 2176 South Jasmine St. Door "E"/Suite 219, Denver, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m. on Wednesday, June 28, 2000, at 281 North College, Fort Collins, in the Engineering Conference Room. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. 7/96 Section 00020 Page 1 P Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt protects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. ` The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future protects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. 0 U g d I 9 m N K d fl % SECTION 00700 GENERAL CONDITIONS �I 0 P GENERAL CONDITIONS OF THE a CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No 1910-8 (1990 Edition), as a base Changes to that document are shown by underlining text that has been added and striking through text that has been deleted ZI V M K I EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 0 0 Ell- 0 ;K 0 c� Ell 2 Ul TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title DEFINITIONS .... ..... ...... . .. ..... 1 1.1 Addenda . ............ ............ ........... .1 12 Agreement --------•-. .... *-. • ..... . *..-- 1 1.3 Application for Payment ., . •_ .. .... ...I 14 Asbestos „ ,-„ .... . .. ....... ... -I 15 Bid ...._.-- . 1 1 6 Bidding Documents,,,,,,, .... .- -•. 1 17 Bidding Requirements, , 1 8 Bonds ................. .............. .. 1 1.9 Change Order,,,,, ,,, ,,,,, ,,, ,,,,,,,,,,,,,,, 1 1 10 Contract Documents ..... *"** ..-- I 1 11 Contract Price„ „ „ ..... ... ........ I 1 12 Contract Times , , 1 1 13 CONTRACTOR ,- -„ ..... .......... .1 1.14 defective. ...... • •..... • . .... .. ... ... I 1 15 Drawings-- ., . ,-.... .. ..... ... .... 1 1 16 Effective Date of the Agreement 1 1 17 ENGINEER -- ,---, , „ •- - -- --------- - 1 1 18 ENGINEER's Consultant. 1 19 Field Order„ ,,,,,,, ,,,,,,,, 1 20 General Requirements,,,,.-.-. „ „ „ , 2 121 Hazardous Waste ,,,,, ••. .....2 122 a Laws and Regulations, Laws or Regulations,,,,, , .- . -. - •--2 1 22 b Legal Holidays ,,,,, „ .... , „ „ , 2 123 Liens ............ ..... ...... 2 124 Milestone „ --- -- ---- - - --- --• ---- - 2 125 Notice of Award --, „ , , , - ---, 2 1 26 Notice to Proceed , .. •- 2 127 OWNER..... 2 128 Partial Utilization ,,,,,, .....2 129 PCBs ............................... ......... 2 130 Petroleum ....... ............... -.7 1.31 Project ................... .................... 2 1 32-a Radioactive Material ,,,,,,,• ... 2 1 32.b Regular Working Hours- .... ,-. - , „ ,. 2 133 Resident Project Representative--- ,,, ,,,,2 1.34 Samples ........................ ....... .....2 1 35 Shop Drawings ,,,,,,,,, ,,,, ,, , 2 1.36 Specifications,,,,,,,,,,,, „ .... , „- - 2 1.37 Subcontractor „ , „--,-- 2 138 Substantial Completion„ ............ .. ... .2 139 Supplementary Conditions „ , 2 1.40 Supplier ................................ ..... 2 141 Underground Facilities„ ..,... „- .... 2-3 142 Unit Price Work 3 1.43 Work .3 144 Work Change Directive,,,,,,,, , „ ,. 3 1.45 Written Amendment ,,,,,,,, , ,,,,, „ ,,,3 11 Page Number 2. PRELIMINARY MATTERS... ......... ...... 3 2-1 Delivery of Bonds , ,,, „ „ „•,,, 3 2.2 Copies of Documents.. ,,,,, „• 3 2.3 Commencement of Contract Times; Notice to Proceed - , -,,,,, 3 2*4 Starting the Work, „ „ 3 2.5-2 7 Before Starting Construction, CONTIUiCTOR's Responsibility to Report; Preliminary Schediles; Delivery of Certificates of Insurance , , , „ „ •, 3-4 2 8 Preconstruetion Conference „ 4 2.9 Initially Acceptable Schedules ,- ,,,,, 4 3 CONTRACT DOCUMENTS. INTENT, AMENDING, REUSE.. .......... ............... .. ..... . 4 3 1-3 2 Intent „ , --„ „ - 4 3-3 Reference to Standards and Speci- fications of Technical Societies, Reporting and Resolving Dis- crepancies 4-5 3.4 Intent of Certain Terms or Adjectives- 5 3-5 Amending Contract Documents , ,,,-5 3-6 Supplementing Contract Documents, „ „ , , ,--•, 5 3 7 Reuse of Documents- , „- - , ,5 4- AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS -- 5 41 Availability of Lands „ .... ,,,, ,,,,5-6 42 Subsurface and Physical Conditions--,-„ , - , „ ,-, „•-, „6 42.1 Reports and Drawings. , , ,,,, „6 42.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data 4 2 3 Notice of Differing Subsurface or Physical Conditions--,,,,, „ ,,,-„ 6 4.24 ENGINEER's Review , , „ ,-„ , J 4 2 5 Possible Contract Documents Change ..... - .. ...... ........ _. 6 4.26 Possible Price and Times Adjustments ,,,,,- ,,, , ,,,- ,,,,,, 6-7 43 Physical Conditions --Underground Facilities . ... ..... .. .. . ... .... 7 43.1 Shown or indicated 7 432 Not Shown or Indicated,,,- , „-,,,,,.7 44 Reference Points, EJCDC GENERAI. CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 625 Submittal Proceedures; CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material__ ... .... ... 7-8 to Shop Drawing or Sample Submittal .............. ..............16 5 BONDS AND INSURANCE . ... .... ............ 8 626 Shop Drawing & Sample Submit- 5 1-5 2 Performance, Payment and Other tals Review by ENGINEER , „16-17 Bonds. _ .. ..... ........ .. 8 6.27 Responsibility for Variations 53 Licensed Sureties and Insurers, From Contract Documents_,,,•, , „17 Certificates of Insurance _ .... 8 6.28 Related Work Performed Prior 54 CONTRACTOR's Liability I to ENGINEERSs Review and Insurance, •... .............. .......... 9 Approval of Required 5 5 OWNER's Liability Insurance „ 9 Submittals .................. „ .......17 5 6 Property Insurance, „• ... _ 9-10 629 Continuing the Work,.___,_, „-, 17 5 7 Boiler and Machinery or Addi- 6 30 CONTRACTORS General tional Property Insurance „ „ , .,10 Warranty and Guarantee , ... ....17 5 8 Notice of Cancellation Promsion_ . .,10 6 31-6 33 Indemnification, .......... „ , , _.. 17-18 5 9 CONTRACTOR's Responsibility 6.34 Survival of Obligations,__, ,-, ..... „__ 18 for Deductible Amounts.. . ...,10 5 10 Other Special Insurance .... .10 7. OTHER WORK ....... , , ,-•, „,„ ,,,-„ , •_„_ ....... 18 5.11 Waiver of Rights ........ ..... . .11 7 1-7 3 Related Work at Site, ......... 18 5 12-5 13 Receipt and Application of 7 4 Coordination ,,,,,, , „ „ • _._. 18 Insurance Proceeds ....-- .... .10-11 5 14 Acceptance of Bonds and Insu- 8 OWNER'S RESPONSIBILITIES .. „, .... „_,___, 18 ance; Option to Replace 11 8 1 Communications to CON- 5 15 Partial Utilization --Property TRACTOR,•, ,„_ ...... _,_„ „,_ __ ... IS Insurance ,. ... 11 8.2 Replacement of ENGINEER _,_- _ 18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES , .. 11 When Due.- - , , - , 18 6 1-6 2 Supervision and Superintendence _ -, I 1 8 4 Lands and Easements, Reports 6.3-6.5 Labor, Materials and Equipment, _ 11-12 and Tests .18-19 6.6 Progress Schedule ........... 12 8.5 Insurance,- ••, „_ 19 6.7 Substitutes and "Or -Equal" Items, 8 6 Change Orders„___•. 19 CONTRACTOR's Expense, 8 7 Inspections, Tests and Substitute Construction Approvals _._ ....... „ ......... . .... 19 Methods or Procedures, 8 8 Stop or Suspend Work; ENGINEER's Evaluation ........ 12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services . .............. ..... „-,- , 19 Suppliers and Others, 8.9 Limitations on OWNER'S Waiver of Rights , .,,. 13-14 Responsibilities.,_,,, „ . ............ 19 6.12 Patent Fees and Royalties.....-_ 14 8.10 Asbestos, PCBs, Petroleum, 6 13 Permits ........... ..... .......... .. .. . 14 Hazardous Waste or 6 14 Laws and Regulations .......... „ 14 Radioactive Material,-, „ ...........19 6 15 Taxes ......... ....... . ... ......14-15 8 11 Evidence of Financial 6 16 Use of Premises,,, „ ............... .„ 15 Arrangements, ......•..... „_...... „19 6 17 Site Cleanliness .... ,,,, ... „ , „ „ 15 6 18 Safe Structural Loading..... - ... , .. 15 9. ENGINEER'S STATUS DURING 6 19 Record Documents ... .... . ..... „ ,- _15 CONSTRUCTION ... „ ................. ,__, .19 6.20 Safety and Protection,,,,...... , .15-16 9 I OWNERSs Representative, , „, ..... 19 6.21 Safety Representative„_ __ ...... ... 16 9.2 Visits to Site .... ............. 622 Hazard Communication Programs. __ 16 9.3 Project Representative •..... , .....19-21 6.23 Emergencies.. . .. . .. .. .. ....... .16 9 4 Clarifications and Interpre- 6.24 Shop Drawings and Samples,•,,,,, , , 16 tations_. ....... ............... .....•„ ._.. 21 9.5 Authorized Variations in V16rk 21 ui EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 96 9 7-9 9 Rejecting Defective Work...... , .. Shop Drawings, Change Orders 21 13.8-13 9 Uncovering, Work at ENGI- NEER's Request ........... ......27-28 and Payments . . ...... ........... 21 13 10 OWNER May Stop the Work.... --. .28 9 10 Determinatims for Unit Prices•, 21-22 13.11 Correction or Removal of 9 11-9 12 Decisions on Disputes; ENGI- Defective Work • ,-•• ._ ..•__..•... .... 28 NEER as Initial Interpreter ., ...22 13.12 Correction Period., -•,.,-„........._. 28 9 13 Limitations on ENGINEER's 13.13 Acceptance ofDefective Work , 28 Authority and Responsibilities .. 22-23 13.14 OWNER May Correct Defective Work, ......... .............. 28-29 CHANGES IN THE WORK .......................... 23 10.1 OWNER's Ordered Change .. 23 14. PAYMENTS TO CONTRACTOR AND 10.2 -„ Claim for Adjustment , ---„ , , , . .23 COMPLETION ......... „ ........ „........ . 29 103 Work Not Required by Contract 14.1 Schedule oFValues. ........ ... ....29 Documents ......... ............ 23 142 Application for Progress 10.4 Change Orders ... .. 23 Payment •........ -, ,-„ .......... ,29 10.5 Notification of Surety.... .. .. .. . .... 23 143 CONTRACTOR's Warranty of Title . .. .... ...................... 29 CHANGE OF CONTRACT PRICE, „ , - -- I1.1-11 3 Contract Price; Claim for ..23 14 4-14 7 Review of Applications for Progress Payments,,,• ..... „-. 29-30 Adjustment; Value of 14.8-14 9 Substantial Completion,,, ..-- •..•.. 30 11-4 the Work .. Cost of the Work- , •• - . , ,,. -- ... 23-24 24-25 14.10 1411 Partial Utilization,- .. • ........ Final Inspection -. 30-31 _ 11 5 Exclusions to Cost of the Work,,, , , 25 14.12 Final Application for Payment ...- --31 11 6 CONTRACTOR's Fee-- - , -- 25 14 13-14 14 Final Payment and Acceptance.. .31 11.7 Cost Records .. ... . .. ... .... .... 25-26 14 15 Waiver of Claims ,-„ ... ........ 31-32 11.8 Cash Allowances 26 11.9 Unit Price Work •.. ..... ... . ...26 15. SUSPENSION OF WORK AND CHANGE OF CONTRACT TIMES .. 26 TERMINATION .. . .. ...........................32 15 1 OWNER May Suspend Work, •. 32 - 12,1 Claim for Adjustment ,• ..... .... 26 15.2-15 4 OWNER May Terminate.. . -, , ,-- 32 12,2 Time of the Essence,- ...... . 26 15 5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate ........... 32-33 Control. .. . ........ ....... .. 26-27 12A Delays Beyond OWNER's and 16 DISPUTE RESOLUTION ...... ........................33 CONTRACTOR'S Control ...27 17 MISCELLANEOUS , 33 TESTS AND INSPECTIONS; CORRECTION, 171 Giving Notice ........................ .....33 REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.,,, •„ , ,,,, , ,,, ,,, ,,,,,,, .....27 17.2 173 Computation of Times ........ -- Notice of Claim„.-„ ...................... 33 13 1 Notice of Defects „-„ .......... ...27 174 Cumulative Remedies ............. 33 132 Access to the: Work. ,. 27 17.5 Professional Fees and Court 13 3 Tests and Inspections, Costs Included , ,,,_ ..... .............. 33 CONTRACTOR's Cooperation 27 17.6 Applicable State Laws,,,,,,,,,,,, ,• 33-34 13 4 OWNER's Responsibilities, Intentionally left blank ,•,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,35 13.5 Independent Testing Laboratory CONTRACTOR's . 27 EXHIBIT GC -A (Optional) Responsibilities-- ------- ------ -- --- --27 Dispute Resolution Agreement,,, ..... .... ..... QC -Al 13.6-13 7 Covering Work Prior to Inspec- tion, Testing or Approval,...... 27 16 1-16 6 16.7 Arbitration ......................... Mediation ,GC GC -Al -Al IV EJCDC GENER?.L CONDITIONS 1910-8 (1990 EDMON) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of- - Bonds and Insurance .. .......... ... ............. . . 5.14 defective Work ................. .....10.4.1, 13-5, 13.13 final payment ... . .. .. . ........... 9.12, 14.15 insurance ...... .. . ..... .......... .... ....5.14 other Work, by CONTRACTOR 7.3 Substitutes and "Or -Equal" Items... . 6.71 Work by OWNER. .............. 2.5, 6.30, 6 34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities . ..... .......... ....... . .. . ......41 site, related Work . .. ... .. .. .............. .... .72 Work, ... . ... .......... ... ...... ... .. 13 2, 13 14, 14 9 Acts Or Omissions--, Acts and Omissions -- CONTRACTOR . ... ... ................ 69.1,9133 ENGINEER ... .... ..... .... .. ......... 6 20, 9 13 3 OWNER ...... .... .. .......... 620,8.9 Addenda --definition of (also see definition of Specifications), ....(I 6, 1 10,6 19), 1 1 Additional Property Insurances.... .. 5.7 Adjustments— Contract Price or Contract Times 1 .5, 3.5, 4.1, 4 3 2, 4.5 2, .4 5.3, 9.4, 9 5, 10.2-10 4, .11, 12, 14 8, 15 1 progress schedule... ....... ... ...66 Agreement -- definition of,. J 2 "All -Risk" Insurance, policy form 5.6 2 Allowances, Cash ...... .... .... ........ 118 Amending Contract Documents ..... .... .. . ... ... 35 Amendment, Written -- in general ... ..... ... i 10, 1.45, 3.5, 5 10, 5 12, 6 6 2 ..... 6.8.2, 6.19, 10.1, 10 4, 11 2 12.1, 13.12 2, 14 7 2 Appeal, OWNERo*'r*'CONTRACTOR intent to . . .... ..... ..... .. .9 10, 9 11, 10.4, 16 2, 16 5 Application for Payment -- definition of ................................... 13 ENGINEER!s Responsibility . ..... ...... .. . .... ..99 final payment * .. .............9.13.4, 9.13.5, 14 12-14.15 in general. ... ...... .... .... 7,8, 2.9, 5 6.4, 9.10, 15 5 progress payment .. . .. .. ............. . . ....... i 4.1-14.7 review of ... ..... ......... ... .. .. ... 14.4-14.7 Arbitration .. ......... .. ........ ............. ..... ..... j6 1-16.6 Asbestos -- claims pursuant thereto .............. ........... 4.52,4.53 CONTRACTOR authorized to stop Work ..... 4.52 definition of ... ......... ...................... ... . .... 14 Article or Paragraph Number OWNER responsibility for., .. ...... .......... . 4,5 1,3 10 possible price and times change....--- .. .... . ... 45.2 Authorized Variations in Work.. ..3.6,625,627,9.5 Availability of Lands ..... .. ..... . .............. . ..41,8.4 Award, Notice of --defined. 1.25 Before Starting Construction ...2 5-2.8 Bid --definition of ...... .. ......... ... ,J 5 (1 1, 1 10, 2.3, 3 3, * . . . *, 4 2 6.4, 6 13, 114 3, 119.1) Bidding Documents --definition of .. .... .. ....... .16(682) Bidding Requirements --definition of .. ..... ...... 17 (1 1, 4 2.6.2) Bonds -- acceptance of.. 5 14 additional bonds. . ........ . . .. IM, It 4.5 9 Cost of the Work 4 definition of 18 delivery of.. ....... .2.1, 5 1 final Application for Payment.... ... . ... 1412-14.14 general 1. 10, 5 1-5.3, 5 13, . .. ... .... . ...... ... 9.13, 105, 1476 Performance, Payment and Other..--, 5 1-5.2 Bonds and Insurance --in general. 5 Builder's risk "all-risk" policy form ...... . . 56.2 Cancellation Provisions, Insurance .5 4 11, 5.8, 5.15 Cash Allowances. . .. .... . ... . .... . . . .... 118 Certificate of Substantial Completion ... ... 1.38, 6.30 2.3, .. ... .... Certificates of Inspection... . .. . .. ...... 148, 14.10 9 13 4, 13 5, 14.12 Certificates of Insurance,,,,,,, . 2.7, 5 3, 5.4 11, 5 4 13, . ..... .. ......5 6 5, 5.8, 5 14, 9.13 4, 14 12 Change in Contract Price -- Cash Allowances.. ..... . •.... ...... . ... . 11 8 claim for price adjustment. .4.1, 4 2.6, 4.5, 5.15, 6.8.2, 9 4 .... .... 9 5, 9 11, 10 2, 10 5, 11 2, 13 9, . . . ........ ..... . * 13.13, 13.14, 14.7, 15.1, 15 5 CONTRACTOR's fee ... . ...... . . .... ... ......... 11.6 Cost of the Work general . ......... .. . .. .............. .. . .. .. 11.4-117 Exclusions to . . ............. ......... . ..... . . . . 115 Cost Records 117 in general ......... ... 1.19, 1.44, 9 11, 10.4 2, 10 4 3, 11 Lump Sum Pricing " ' -** .... * * ... .. .... ** ... ' 11.32 Notification of Surety .... ...... . . ..... .. ..... .... 105 Scope of . ............. ......... . .... . ...... .. _J0.3-10 4 Testing and Inspection, Uncovering the Work ... . .. .... .. .........13.9 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Work ........ .. ..... ...... 119 Article or Paragraph Number Value of Work il 3 Change in Contract Times -- Claim for limes adjustment 4.1, 4.2 6, 4 5, 5.15, .. . . .. 6 8 2, 9.4, 9 5, 9 11, 10.2, 10.5, 12 1, ....... ...... 13 9, 13 13, 13.14, 14.7, 15 1, 15 5 Contractual time limits ..... . . ... .. 12.2 Delays beyond CONTRACTOR!s control,- ....... ... ..... ..... ...... . .... ... ..123 Delays beyond OWNER!s and CONTYLACTOR!s control . ....... 12.4 Notification of surety ..... ..... .................. ...-.105 Scope of change . .... ... ..... .............. . .. . 103-104 Change Orders -- Acceptance ofDefective Work ...... .13 13 Amending Contract Documents, ..... ... . ... ... 3 5 Cash Allowances. .... .. .. .. .......... ... ... .11 8 Change of Contract Price . . .. . ... .... ... . .., . I I Change of Contract Times .... ..... . ......12 Changes in the Work. .. ....... . 10 CONTRACTOR!s fee . ..... " 11.6 Cost of the Work 114-117 Cost Records 117 definition of ..... ..... ...... .... .. ..... 1 9 emergencies ..... 6.23 ENGINEER's responsibility.. ..!9.8, 10.4, 112, 12 1 execution of 10 4 Indemnifiction .. .. ... 6.12, 6 16, 6 31-6 33 Insurance. Bonds and.. 5.10, 5 13, 10 5 OWNER may terminate .... 15 2-15 4 OWNER!s Responsibility,,, ... $.6, 10 4 Physical Conditions -- Subsurface and 42 Underground Facilities--... .4.3 2 Record Documents § 19 Scope of Change............... . ....... .... ..... 10.3-10.4 Substitutes .. ...... .............................. 67.3,68.2 Unit Price Work 9 value of Work, covered by ..... . ... ... .......... . .... 113 Changes in the Work .......... .. . ... ... ............. .... 10 Notification of surety ........ ............. ............ .... 105 OWNER!s. and CONTRACTOR!s responsibilities. . I ...................... ........ ... .... 104 Right to an adjustment,,,, .... . ........ .. .......... . 102 Scope of change„ ............. ..... . .......... 10.3-10.4 Claims -- against CONTRACTOR .................. .... .. .....6 16 against ENGINEER ......... ...... ...... .. ..... ....... 6.32 against OWNER ......................... ............... . . . 6.32 Change of Contract Price ........................ „9 4, 11.2 Change of Contract Times ..... ...... .. ... . . 94,12.1 CONTRACTOR!s ....... .... 4, 7.1, 9.4, 9.5, 9.11, 10.2, ................. ... .. 11.2, 11.9, 12.1, 13.9, 14 8, ........... ....... ......... ..... J5.1, 15 5, 17 3 CONTRACTOR!s Fee . .... . .. .. ........ . 116 Article or Paragraph Number CONTRACTOR:s liability ... 5 4, 6,12, 6 16, 6.31 Cost of the Work .......... .. .. 11 4, 11 5 Decisions on Disputes ...911,9.12 Dispute Resolution ... .. ....... . .... j 6.1 Dispute Resolution Agreement,,, ...... .....16 1-16.6 ENGINEER as initial interpretor .. ... ... . .. ...... 911 Lump Sum Pricing. •i 1.3.2 Notice of ..)7.3 OWNER's .... .... . 9 4, 9 5, 9 11, 10 2, 112, 11.9 ) 2 1 13 9 13 13 13 14 17 1 OWNER's liability„---- 5.5 OWNER may refuse to make payment .. . ..... . 14.7 Professional Fees and Court Costs Included ....... 175 request for formal decision on ..... 9.11 Substitute Items . ... . ... ... ... .. ..... . .... 6.712 Time Extension .12.1 Time requirements . .. ......... . 9 11,121 Unit Price Work, 119.3 Value of ........... * . ..... . ... ....... . 11.3 Waiver of --on Final Payment... ... .... 14.14, 14 15 Work Change Directive . ...... ...... .10.2 written notice required . .. 9.11, 11.2, 12.1 Clarifications and Interpretations .... .. 363,94,9 11 Clean Site ..... .. J17 Codes of Technical Society, Organization or Association 3.3 3 Commencement of Contract Times ... . . ..... .. .. 2.3 Communications -- general . ........ ... ...... .6.2, 6 9.2, 9.1 Hazard Communication Programs 22 Completion -- Final Application for Payment . .. . . .........14.12 Final Inspection . . ........ . ..... ... .... ........... 1411 Final Payment and Acceptance ...... ... . 14.13-14.14 Partial Utilization * * *'*"***"* . . ......... .......... 1410 Substantial Completion .. . ... ..... .. 1.38, 14.8-14 9 Waiver of Claims . . ..... ..... ............ ...14.15 Computation of Times .... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others,,,,- .... .. .. . .... .... ... .. .. ..... 68-6 11 Conferences -- initially acceptable schedules *** .. .. . . ...... ... 2.9 preconstruction ........... 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report„ ............... ... 2.5,3.3.2 Construction, before starting by CONTRACTOR ..... ... ... ...... . .. 2.5-27 Construction Machinery, Equipment, etc ......... ....... 64 Continuing the Work ....... . .... . ... 6.29, 104 Contract Documents -- Amending...... .. . ..... .. . ..... ... ... ..... ......... 3.5 Bonds 5 1 EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances. .118 Stop Work requirements,. ... .. .. ............. ......4 5 2 CONTRACTOR's— Article or Paragraph Number Change of Contract Price.. . . Change of Contract Times Changes in the Work........ ..104-105 check and verify ... . ........ ..... ... .. .. .. .. 25 Clarifications and Interpretations .. . .... ..... .. .. 3 2, 3.6, 9 4, 9.11 definition of . . _. ....... . ...... ... . 1 10 ENGINEER as initial interpreter of _ 911 ENGINEER as OWNER!s representative.. 91 general3 Insurance ... .. . .. . ... .............. .. 5 3 Intent .......... ...... 3 1-34 minor variations in the Work...... ..... ..36 OWNER's responsibility to furnish data.. 8.3 OWNER!s responsibility to make prompt payment . .......... .. ... .. 8.3, 14 4, 14 13 precedence.. ... ..... . 3.1, 3 3 3 Record Documents. 6 19 Reference to Standards and Specifications of Technical Societies . ... ... ... 3.3 Related Work ... . .. 7 2 Reporting and Resolving Discrepancies . .2.5, 3 3 Reuse of 3 7 Supplementing ... . ..... .. 3 6 Termination of ENGINEER's Employment 8 2 Unit Price Work . . ..... .. .. . .... 119 variations 3.6, 6 23, 6 27 Visits to Site, ENGINEER'S.... .... . ...92 Contract Price— adjustment of 3.5, 4.1, 9 4, 10 3, 11 2-11 3 Change of ... .. _ .... ., . . 11 Decision on Disputes . ........ .. .. 9 11 definition of,..... .... l 11 Contract Times -- adjustment of .. .............. . ... . 3.5, 4 1, 9 4, 10 3, 12 Change of ..... _ .... .......... 12 1-12 4 Commencement of .... .... 2.3 definition of ... ... .. .. ..... ....... . . ... 1 12 CONTRACTOR -- Acceptance of Insurance ..... ..... . . ... ...... 5 14 Communications * ..... .......... 6 2, 6 9.2 Continue Work . ... .... 6.29, 10.4 coordination and scheduling . 6 9 2 definition of .... .......... ..... ... ........ ............1 13 Limited Reliance on Technical Data Authorized .. .. .... .... . ... ..... . 42.2 May Stop Work or Terminate. 15.5 provide site access to others... .. ... .. .. 72, 132 Safety and Protection ........ .... 4 3 12, 6 16, 6.18, ... ............ .... .. . .16 21-6.23, 7 2, 13 2 Shop Drawing and Sample Review Prior to Submittal ..... ........ ....6 25 Article or Paragraph Number Compensation.. .. .... .. . ... ............ ..... 11 1-11.2 Continuing Obligation ... . .. .. . .... ...... .. .... 14 15 Defective Work ......... .. ... .. ...... 9.6, 13 10-13 14 Duty to correct defective Work ..........................13 11 Duty to Report -- Changes in the Work caused by Emergency. , .., .., . .. . .. ........ ... .623 Defects in Work of Others ...... .. . ...... ..... 73 Differing conditions ... .......... . .............. 4.23 Discrepancy in Documents. .... 2.5, 3.3 2, 6.14 2 Underground Facilities not indicated--..... 43.2 Emergencies . .... . . ... ......... ........ ... .. 023 Equipment and Machinery Rental, Cost of the Work 11.4.5.3 Fee --Cost Plus . .. . . . ........... 11.4.5.6, 11.5.1, 116 General Warranty and Guarantee..,,, ... 6.30 Hazard Communication Programs.... ... . - .. ...622 Indemnification . . ... .. . .6.12, 6 16, 6.31-6 33 Inspection of the Work„. .... . ... . .. ........7.3, 134 Labor, Materials and Equipment .. . ....... . ... 6 3-6 5 Laws and Regulations, Compliance by. ... .. . 6.14 1 Liability Insurance .... .. ................ **"* ' 1 54 Notice of Intent to Appeal ..... . .... ... ....... 9 10, 104 obligation to perform and complete the Work ... ... . .. ... ... . ........ .... --6 30 Patent Fees and Royalties, paid for by, ... .... ... 6 12 Performance and Other Bonds 5 1 Permits, obtained and paid for by .... ..... . . ... ..6.13 Progress Schedule,,,,,, . .. . ... ..... .2.6, 2 8, 2.9, 66, .. ... .... 6 29, 10 4, 15.2 1 Request for formal decisionon disputes, .... ..... Responsibilities -- Changes in the Work ................. .... . ........ 10.1 Concerning Subcontractors, Suppliers and Others ,6 8-6 11 Continuing the Work,,,,,, 0.29,104 CONTRACTOR!s expense ................. ...... 6.7.1 CONTRACTOR!s General Warranty and Guarantee 6.30 CONTRACTOR!s review prior to Shop Drawing or Sample submittal .... .. ...... . 6.25 Coordination of Work ... ......... . ............. 6.92 Emergencies ..... ................................. ... .. 6.23 ENGINEER!s evaluation, Substitutes or "Or -Equal" Items ............... ....... ..... 0.7.3 For Acts and Omissions of Others . ..... .. .............6 9.1-6.9.2, 9.13 for deductible amounts, insurance ....... ........... 5.9 general ..... .. .............. .... ........ 6, 7 2, 7.3, 8 9 Hazardous Communication Programs. ,......6.22 Indemnification .......... ..... .......... ..... 6.31-6.33 vu EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)-- The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City f Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer ., or employee exercises directly or indirectly any decision -making authority — concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By is mes B. O'Neill, II, CPPO Purchasing/Risk Management Director 7/96 Section 00020 Page 2 .y Labor, Materials and Equipment.. Laws and Regulations ...................... 6 3-6 5 ... 614 CONTRACTORS --other ..................................... Contractual Liability Insurance,..,-.. ................ „7 „ 5.410 Liability Insurance... .. ... . ... ......... 54 Contractual Time Limits ..... . .... ...... ....... .... 12.2 Article or Paragraph Article or Paragraph Number Number Notice of variation from Contract Coordination -- Documents ....... ...... 627 CONTRACTOR's responsibility......, ... ,-„ , fi.9.2 Patent Fees and Royalties ..... ..... ..... 6 12 Copies of Documents , ., ., ....... „....... „_. ,,,--„ „ ....2 Permits Progress Schedule ..... ... . .... .... ........ 6 13 66 Correction Period, -, .,. Correction, Removal or Acceptance 13.12 Record Documents . 6 19 of Defective Work -- related Work performed prior to in general..... „ ................ . .. .10 4.1, 13 10-13 14 ENGINEER's approval of required Acceptance of Defective Work -„ „ .... ........ 13.13 submittals ............... ............ ...628 Correction or Removal of safe structural loading.. ... - -- 6 18 Defective Work ....... , _„6.30, 13.11 } Safety ,and Protection......... .- 6 20 7.2, 13 2 Safety Representative - ---- --- --- -- --- --- -- 621 Correction Period „ , , , .. OWNER May Correct Defective Work „ ..... 13.12 .. .. . ,13 14 Scheduling the Work...„.. , ..... . . 6.9 2 OWNER May Stop Work .. ... ..... - .............13 10 Shop Drawings and Samples. Shop Drawings and Samples Review 6 24 Cost -- of Tests and Inspections, , , , ,,13 4 by ENGINEER . 6.26 Records11 7 Site Cleanliness ,. ---- ... 6 17 Cost of the Work-- Submittal Procedures -, . ..- - 625 Bonds and insurance, additional , ..,„- ......, 11.4.5.9 Substitute Construction Methods Cash Discounts .... .-- ..... ........„,...........11.4 2 and Procedures.- -. .. 6 7 2 CONTRACTOR s Fee . ... ................... , I 1 6 Substitutes and "Or -Equal" Items Superintendence,.. 67.1 6.2 Employee Expenses . ......... Exclusions to . -, ........„ ..... „ -,11.4.5 1 ,. „ „. .... 11 5 Supervision ... . ... .... .. .. . . ......... 6 l General11.4-11 5 Survival of Obligations ... ..... Taxes - ..6 34 .6 15 Home office and overhead expenses .. . Losses and damages... „ .... .. .. .......... ........... „ 11.5 .11 4 5 6 inspections Tests and Inspections..... „ - 135 Materials and equipment, ... ,„ .... „ ... „ ....1142 To Report ... ...... ............... 2 5 Minor expenses....................................11.4.5 8 Use of Premises................6 16-6 18, 6.30 2 4 Payroll costs on changes.,,, ,--- ,,,, ... ,,,,-„ _, .11.4 1 Review Prior to Shop Drawing or performed by Subcontractors.... ........0.. ...... 11.4.3 Sample Submittal.. ,....... ...-....... . ......... 625 Records11.7 Right to adjustment for changes in the Work 102 right to claim. ,„-, .4, 7.1, 9.4, 9.5, 9 11, 10.2,11 2, Rentals of construction equipment and machinery .... .. . ........................ 11-4.5.3 .. --,. ,11.9, 12.1, 13.9, 14 8, 15.1, 15.5, 17.3 Royalty payments, permits and Safety and Protection- ......... .... .. 6 20-6 22, 7.2, 13 2 Safety Representative ... ............ .... ... ... 621 license fees „ .... ,..... Site office and temporary ,facilities„ ...... 11.4.5.5 11.4 5.2 Shop Drawings and Samples Submittals.. 6 24-6 28 Special Consultants, CON'TRACTOR's , ........11.4 4 Special Consultants .................. . ... ... 11 4 4 Supplemental., .. ......11.4.5 Substitute Construction Methods and Procedures 6.7 Taxes related to the Work ....... ....... ........... 1,1 4.5.4 Substitutes and "Or -Equal" Items, Tests and Inspection---....... ...... ........ ....13.4 . Expense ...... ........ . ..... . ... ....... „ 7 1, 6.7 2 Trade Discounts,..,,.,.. „ ,,,,............ - ....... 0..... 11.4.2 4 Subcontractors, Suppliers and Others , ...... Supervision and Superintendence--- ....6 1, 6 8-6.11 6.2, 6.21 Utilities, fuel and sanitary facilities. ... Work after regular hours- g ... .............. ......... 11.4.5.7 114.1 Taxes, Payment by .................. .............6.15 Covering Work . , , ........... ,,,,,,,,......-,,,,,.......13.6-13.7 Use of Premises .... ........................... .... Warranties and guarantees .,,. 6 16-6.18 6 5, 6 30 Cumulative Remedies,..,, Cutting, fitting and patching,. 7-2 Warranty of Title-, ...... ......... ......... ...14 3 Data, to be furnished by OWNER ........ .......„ ...... 8.3 Written Notice Required-- Day --definition of-„-- ,. -„ , „...............0.... ..... ... 17.2.2 CONTRACTOR stop Work or terminate ...15 5 Reports of Differing Subsurface Decisions on Disputes..... ,........................... defective --definition of ....... ...... 0................. 9.11, 9 12 ........1.14 and Physical Conditions ........... ... 4 2 3 defective Work-- Substantial Completion ...... ....... ......... Vill . ..14-8 Acceptance of .... „ .........10-4.1, 13 13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9M) Correction or Removal of .. .. .... .. ... 104 1, 13.11 OWNER's Representative.,............. 9.1 Correction Period ......... . .. .. ... ........... .13 12 . ........ Payments to the CONTRACTOR, I ....... in general . . .... . ..... ........ ......... 13, 14.7, 14.11 Responsibility for . .... ........... ..... .... ..9.9, 14 Recommendation of Payment .. . ...... .. .. 144, 14.13 Article or Paragraph Number Article or Paragraph Number Observation by ENGINEER ... . . .. ........ ..... 92 OWNER May Stop Work ...... . .. ... ..... . ..... 13.10 Responsibilities --Limitations on .... .. . .. ,..9 11-9.13 Prompt Notice of Defects ..... . .. ... ..... ....... 13.1 Review of Reports on Differing Subsurface Rejecting . .... . ....... . .......... .... . ... ......... 96 and Physical Conditions......... .. . .. ..... . ... 42A Uncovering the Work •..... .... 13 8 Shop Drawings and Samples, review Definitions .... .... . ..... .............. I responsibility ................ ..... ....... .. .626 Delays . . ..... .... .. . .. 4 1, 6 29, 12 3-12 4 Status During Construction -- Delivery of Bonds ... ... . . .... ........ . ..21 authorized variations in the Work 95 Delivery of certificates of insurance, 27 Clarifications and Interpretations .94 Determinations for Unit Prices ....... ..... ... ..... 9.10 Decisions on Disputeq ... . . . .. ..... .. 9.11-9.12 Differing Subsurface or Physical Conditions- Determinations on Unit Price., .. ....9-10 1 1 Notice of.... .... .. . ...... . ........ ..... ... . .4.2.3 ENGINEER as Initial Interpreter,... .. 911-9.12 ENGINEER!s Review .............. . 4.2.4 ENGINEER!s Responsibilities. * ' ' ' 9.1-912 Possible Contract Documents Change .. ....... 4.2.5 Limitations on ENGINEER!s Authority Possible Price and Times Adjustment* . ...4.26 and Responsibilities ...... ..... . ..... . * 913 Discrepancies -Reporting OWNER's Representative ... ............... ....9 1 and Resolving ........ _2 5, 3.3.2, 6 14 2 Project Representative .. .. ..... . .. ... ....... 93 Dispute Resolution— Rejecting Defective Work--, -- - - . .... . Agreement .,16 1-166 Shop Drawings, Change Orders Arbitration ... ...... ..16 1-165 and Payments .. .. ............. . ..... . 97-99 genera116 Visits to Site .... .. ... .... . .... ... .. ...... . .. 9.2 Mediation ........ . .. .. . .... 16.6 Unit Price determinations. .9 10 Dispute Resolution Agreement 16 1-166 Visits to Site * * * " ' ' ......92 Disputes, Decisions by ENGINEER...., , .911-9.12 Written consent required .... ....................7 2,9.1 Documents-- Equipment, Labor, Materials and .... . .. .. ..... .. �6.3-6.5 Copies of .. . . ..... .. ..... ... .. ... .......... .72 Equipment rental, Cost of the Work ... 11.45 3 Record 6 19 Equivalent Materials and Equipment. 0.7 Reuse of ... .. .. ..... . ... .. .. ...... . .. . ... .. 3 7 error or omissions . ......... * "' ' 6.33 Drawings --definition of.. ... . . ... . ... ... .. 1.15 Evidence of Financial Arrangement* .. ..... .8 11 Easements . ....... . ... ..... ....... . .. ... . ...... .. .... 41 Explorations of physical conditions.. .. . . .... 4.2.1 Effective date of Agreement -- definition of . ......... 1 16 Fee, CONTRACTOR's--Costs Plus. ....... . . .. . .....11.6 Emergencies ... ..... .. ..... ... .. ....... . ..... . ... . 6.23 Field Order-- ENGINEER-- definition of .. ................ ...... ................. ... . 119 as initial interpreter on disputes ... .. .. ... . 9 11-9 12 issued by ENGINEER. ...... ..... . .. . . ..... 3.6.1,9.5 definition of 1 17 Final Application for Payment ... . .. .... . .... . . ..... 14.12 and responsibilities...9.13 tyJ4.11 Limitations on authority Final Inspection ............. . ... . ..... ..... Replacement of,.. .....8.2 Final Payment-- Resident Project Representative ... .... . ... . ... ... 9.3 and Acceptance . .... .. ...... . ........ 14.13-14.14 ENGINEER's Consultant -- definition of ..... ............ 1.18 Prior to, for cash allowances ................... ... ... 118 ENGINEER!s-- General Provisions ... ....... ......... .. . ... ..... ... 17.3-17.4 authority and responsibility, limitations on-, .... 9.13 General Requirements— Authorized Variations in the Work . ........ . .. ....9.5 definition of ... ................ . ........ . . .. ..... .... ..1 20 Change Orders, responsibility for-., .. 9 7, 10, 11, 12 principal references to ....... ..2 6, 6.4, 6.6-6 7, 6.24 Clarifications and Interpretationg ..... ........ 3.6.3,9.4 Giving Notice. . . ......... .... ....... ....... ..... ....... .171 Decisions on Disputes .......... .. .. ....... .... 9. 11-9.12 Guarantee of Work --by CONTRACTOR. ..... * 6.30, 14.12 defective Work, notice of ..... ... ..... ..... ... ......13.1 Hazard Communication Programs, ........ . ... . ..... 6.22 Evaluation of Substitute Items . .. .. ..... ...... . .. 6.7.3 Hazardous Waste -- Liability .. ...... .. .... . ..... ..... ........... 632,9.12 definition of ...... ......... .............. ................... . 1.21 Notice Work is Acceptable .. . ........ ...... ..... _ . i 4.13 general ..... ........... ......... .... ... .......... ............4.5 Observations„ . ....... ...... ...............630.2, 9.2 OWNER's responsibility fbi� .. .. ....... .. .. ........ . � 10 a EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification . ......... 6 12, 6.16, 6.31-6.33 Initially Acceptable Schedules . . .. .. .... ..... ........... 29 Inspection -- Certificates of ... . ..... .9 13A, 13.5, 14 12 Final .14 11 Article or Paragraph Number Special, required by ENGINEER ... .. . ...... .. .... 9.6 Tests and Approval .... ...... ..... ....... . $7, 13 3-13 4 Insurance -- Acceptance of, by OWNER ... ... ....... ....... . .. 5.14 Additional required by changes in the Work ................ . . ... ... 11.4.59 Before starting the Work . ......... ........... ** ' "*"'....5' 2.7 Bonds and -in general * .... ... ......... ............ .. Cancellation Provisions . ...... ... .... .. . ... 5 8 Certificates of. , . . ...... ..2 7, 5, 5.3, 5 4 ..... 11, 5 4 13, ... . . ....5 6.5, 5 8, 5.14, 9 13.4, 14 12 completed operations.. . .... .54 13 CONTRACTOR's Liability .. .. ..... .... 54 CONTRACTOR!s objection to coverage 5 14 Contractual Liability ... . .. .. . ....... ... ... ..5 4.10 deductible amounts, CONTRACTOR!s responsibility .. ... . ...... .. ............. . . * 5.9 Final Applicaiion for Payment. . .. . . .... .. . 1412 Licensed Insurers .... ..... ... 5.3 Notice requirements, material changes_,.. 5 . 8, 105 Option to Replace ...5 14 other special insurances_ .. . .... .....5.10 OWNER as fiduciary for insureds .... . ...... 5 12-5 13 OWNER's Liability ... ............. ....... .. 55 OWNER's Responsibility... .. ... ........ . ...... ... . 8.5 Partial Utilization, Property Insurance ..............5 15 Property . . . .. .. . ....... ........ ... ....... _ .-5.6-5 10 Receipt and Application of Insurance Proceeds _ ' . .... . . ......... . . ..... 5.12-5.13 Special Insurance-,*.... **"*'** * 5 10 Waiver of Rights, . .. '* .. ..... . ............ ... ....... 5.11 Intent of Contract Documents 1-3.4 Interpretations and Clarifications .. .... ... ... .... . 3.6.3,94 Investigations of physical condition ....... .. .. .. ... . 4.2 Labor, Materials and Equipment ......... ..... .. 6 3-6.5 Lands -- and Easements ............... . $ 4 Availability of..... ............ ...... .. 41,84 Reports and Tests ... ............. ..... .............. .... .. $.4 Laws and Regulations --Laws or Regulations -- Bonds ....... 5.1-5.2 Changes in the Work ... . ............ ......... ........... 10.4 Contract Documents ... .............. .......... 3.1 CONTRACTORS Responsibilities ...... ..... ........ 6.14 Correction Period, defective Work ............ . . . 13 12 Cost of the Work, taxes, ................. . ...... .11.4.5.4 definition of . . .. .. .... ....................... . ...... .... 1.22 genera16 14 Indemnification .................. 6.31-6.33 Insurance. ........ . . ...... .. ...... . .... ..... . 5.3 Precedence . . ..... * .... * ..... . .... 3.1,333 Reference to . ... .... .. . ... .. 3.3 1 Safety and Protection '* . . .... ....... 620, 132 Subcontractors, Suppliers and Others. .. ... 6 8-6 11 Article or Paragraph Number Tests and Inspections ........ ... ..... ........13 5 Use of Premises . .. .... . .......... .. ... ..... .. .... . 6.16 Visits to Site ................ .... .... .. . . .... ...... .. 92 Liability Insurance-- CONTRACTOR!s . ..... . ..... .. . .. ...... .. ... 54 OWNER's . ... .... .... .... ... 55 Licensed Sureties and Insurers . . . . . ......... . ....... . 53 Liens -- Application for Progress Payment .. .. ..... . ..14 2 CONTRACTOR's Warranty of Title„ ...... .. ..... . 143 Final Application for Payment .... ..... .. ..... 14.12 definition of 1.23 Waiver of Claims . .. .. ....... .... .. .. .14.15 Limitations on ENGINEER's authority and responsibilities. •.... .. ....... . 9.13 Limited Reliance by CONTRACTOR Authorized ... . . . ... ... . . ..... . .. . ......... . 4.22 Maintenance and Operating Manuals -- Final Application for Payment .. . ......... .... . . 14.12 Manuals (of others) -- Precedence ... ......... .. ..... . * 3.33.1 Reference to in Contract Documents,,,, .... ... . 3.3.1 Materials and equipment -- furnished by CONTRACTOR . ...... ... .. ........ ... 6.3 not incorporated in Work ..... I .... .... . . •...... 14.2 Materials or equipment --equivalent * .. .... ..... Mediation (Optional) ..... .. .. ........ J6.7 Milestones --definition of ...... .. . .. . .... ... 24 Miscellaneous -- Computation of Times, .... ..... .... .......... ..... ...17.2 Cumulative Remedies ... . ..... .. . . .......... . ..... 17.4 Giving Notice,,,,,, ..... .................... ............. 17,1 Notice of Claim ... ... ..... . .. . ... ..... . ...... ... 17.3 Professional Fees and Court Costs Included J7.5 Multi -prime contracts,- * "*'****"*** '** * ... ***** '* 7 Not Shown or Indicated ....... ..... ... ...... ..... ..... .43.2 Notice of -- Acceptability of Project ..... . . ..... ............ ... .14.13 Award, definition of ...................... ... ........... .. J.25 Claim..... . * ...... ......... * ......... . .. ... ...17.3 ,7 Defects,13.1 Differing Subsurface or Physical Conditions „...4 2 3 Giving.. . . . ..... .................... ......... ..... . .1.7.1 Tests and Inspections 133 Variation, Shop Drawing and Sample, . ........ .. . 627 Notice to Proceed -- definition of ..... ....... . ............ 1.26 givingof.. . ........ I . .... ....... ..... .... . ... . ... ..23 FJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety „ , ,- -- , „ - „ 10.5 Observations, by ENGINEER, , 630, 92 Occupancy of the Work, ,,, ,---, - , .5-15, 6 30 2 4, 14 10 Omissions or acts by CONTRACTOR ,,, , --,,,, ,6 9, 9 13 Open Peril policy form, Insurance - , , -„ 5 6 2 Option to Replace , „- - Article or Paragraph Number "Or Equal" Items-- ....... „ - _ _ 67 Other work 7 Overtime Work --prohibition of, „ 63 OWNER -- Acceptance ofdefective Work .- -,-, - 13 13 appoint an ENGINEER, .,, -- ... 8 2 as fiduciary -, „ „ „- . -$ 12-5.13 Availability of Lands, responsibility ,,,,, ,,, 41 definition of „ ----- -------- -- „ , „ ,--1 27 data, furnish ..-- -- . „- . -. 83 May Correct Defective Work . , ,-- - 13 14 May refuse to make payment , - -- „ , , , - „- .147 May Stop the Work , „ , -„-- .-,.. , 13 10 May Suspend Work, Terminate--, „ , „ 8 8, 13 10, 15.1-15 4 Payment, make prompt. „ 8 3, 14 4, 14 13 performance of other work „ - .... 7 1 permits and licenses, requirements , 6 13 purchased insurance requirements 5 6-5 10 OWNER's-- Acceptance of the Work ---. ----.. .63025 Change Orders, obligation to execute -- . 86, 104 Communications - - „ „ „ , , , 8 1 Coordination of the Work- -- , . - - • ..-- - „ , 74 Disputes, request for decision 911 Inspections, tests and approvals-, ,8.7, 134 Liability Insurance „-- - - -„ - 5 5 Notice of Defects ........ .. ....... ......... . .. ...13 1 Representative --During Construction, ENGINEER's Status , , ..... ... - .. ,9 1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .... ,...... 8.10 Change Orders- - , „ „-- „ „--,-„ , -„ .,, ....- 86 Changes in the Work, .. ..... ........ .. - ... .101 communications ,--„ ••--,- „ ..•..... .• . ---- -8 1 CONTRACTOR's responsibilities - ... , ,,, -- .8 9 evidence of financial arrangements, .. , „ 8 11 inspections, tests and approvals .-. ...,-.. • .8.7 insurance ......... ..... ............. . ........ 8.5 lands and easements ,•... .•••, ...8 4 prompt payment by ... ...... ........... . ........ 83 replacement of ENGINEER, ,,,,,, ... .... ,,, 8.2 reports and tests, , ,,,,,,,,,,,, - ,.... •-- 84 stop or suspend Work. ........ .... 8.8, 13 10, 15 1 terminate CONTRACTOR's services .................................... 8 8, 152 separate representative at site,,,,,,,,,,,,, ,,,,,,,, ,,,, 9 3 xi testing, independent . .................... ............13.4 use or occupancy of the Work„ .5 15, 6-30 2.4, 14 10 — written consent or approval required 9.1, 6.3, 11.4 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99?- Article or Paragraph Number written notice required,-„- ...... .. . .. .. 7 1,94,9 11, 112, 11.9, 14 7, 15 4 PCBs -- definition of 129 general .... .. ....... ... .. .......... .. .. ... ...... ...45 OWNEIUs responsibility for . ..... .8 10 Partial Utilization -- definition of .128 general 6.30 2 4, 14 10 Property Insurance, . .... ... .......... 5.15 Patent Fees and Royalties . .. .... .......... 6 12 Payment Bonds . .. ... ..... .... .... . .. .... .. ... 5 1-52 Payments, Recommendation of,,,, ...... 14 4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments . ...... . .. 142 CONTRACTOWs Warranty of Title . .... .. .. .141 Final Application for Payment... .14 12 Final Inspection,_„ .... ...... . .... ...... ' 14.11 Final Payment and Acceptance.. .14 , 13-1414 general .. . ..... ..... . . .... .......... . ...... 83, 14 Partial Utilization.. ..... . ... .14.10 Retainage. ............. .... . . ... ....... .......... ....... .14.2 Review of Applications for Progress Payments .... .. . .. J4 4-14 7 prompt payment .. . .. ... .. ......... ... ......... .. 83 Schedule of Values 14 1 Substantial Completion. ..1.4.8-14 9 Waiver of Claims 14 15 when payments due ... ....... ........ 14.4, 14.13 withholding payment .... . ... .... ... ... ..... .147 Performance Bonds ..5.1-5.2 Permits A 13 Petroleum -- definition of 130 general...... . ... .. ..... . ....... ..... ... .. ... .... . .. 45 OW_NER!s responsibility for ....... ..... ... ... ... 8 10 Physical Conditions -- Drawings of, in or relating to ................. .. ... 42.12 ENGINEER'S review .. ..... 4.24 existing structures„ ................ . ... ....... . .. ... 4.22 general4.2. 12 . . .. ...... ......... ......... .. ........ .. .. Notice of Differing Subsurface or,,,,,,, ......... .. 423 Possible Contract Documents Change;.. ... ... ..4 2.5 Possible Price and Times Adjustments . . .--.......4 2 6 Reports and Drawings-- ............. ... ............. .4.21 Subsurface and,,,,,,, ...... ..... .... ......... .. ... . ... 42 Subsurface Conditions 42.1 1 Technical Data, Limited Reliance by CONTRACTOR Authorized,,,,,,,,,,,, ........ 42.2 Underground Facilities -- general...... ............ ..... . ............ ... . ..... 4.3 Not Shown or Indicated ...... 432 Protection of. . _ ... .. ... ............. . 4.3,6.20 Article or Paragraph Number Shown or Indicated ....... . ...... .... 4.3.1 Technical Data .. .. . ...... .. ........ . . 4.22 Preconstruction Conference 2 8 Preliminary Matters ' ' * . . ........ . * ... ..... 2 Preliminary Schedules . ... ... ............................... 2.6 Premises, Use of, . .. . ..... ........ .... . .... . . . 616-6.18 Price, Change of Contract ....... . .. ** 11 Price, Contract --definition of,,,, . ....... .................. 1.11 Progress Payment, Applications for„ ... . .. ............ 14.2 Progress Payment--retainage .... .. .......... .. ..... .. .. 142 Progress schedule, CONTRACTOR!s ..... .... 2.6, 2.8, 2.9, ... .. .. . ... .. .... .... 6.6, 6.29, 10 4, 15.2.1 Project --definition of ........ ..... . ..... ......... ........ ... 1.31 Project Representative— ENGINEER's Status During Construction .93 Project Representative, Resident --definition of.. .1.33 prompt payment by OWNER .... ..... . .... .... .. .. ..... 8.3 Property Insurance -- Additional- ' ' ' "** " * ' '***"** .... ' '**** 5.7 general5 6-5 10 Partial Utilization, . .. . ..... .............. 5.15, 14 102 receipt and application of proceedq ..... . .. . 5.12-5.13 Protection, Safety and . .. .... . .. .. .... . 6.20-6.21, 13.2 Punch list 11 Radioactive Material-- defintion of, . . ...... ... .... .... .. .... ... .... 1.32 -eneral4 5 OWNER's responsibility for ... . .. .... ..... ..... 8 10 Recommendation of Payment.. . ... . . .. 14.4, 14 5, 14 13 Record Documents " -maintaining,-*.......*.... ..... . ..... 6 19, 14.12 Records, procedures for .. .. ..... .. .... .. 28 Reference Points ......... * ...... . . 4.4 Reference to Standards and Specifications of Technical Societies„.... * " * ......... .. ........... 3.3 Regulations, Laws and (or), .................................. 6.14 Rejecting Defective Work .......... . .. ..... ......... ...... 96 Related Work -- at Site ... ... .................. 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review- ......... ........ 6 28 Remedies, cumulative ' * ' * .... * .......... ... 17.4, 17.5 Removal or Correction ofDefective Work ....... ....... 13.11 rental agreements, OWNER approval required ..... 11.45.3 replacement of ENGINEEIZ, by OWNER,,,,,,,,,, ........ 8.2 Reporting and Resolving Discrepancies„ ... .... . ................ 2.5, 3-3.2, 6.14.2 Reports -- and Drawings .... .. ....... . ........................... :4.2.1 and Tests, OWNEPL's responsibility, .. .......... .... Resident and Project Representative -- definition of .. ...... . . ........ ......... ........... ...... 1.33 provision for .... .......... ...... ........ ... ............. .. .... . 93 X11 EJCDC GENERAL CONDITIONS igio-S (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR's -- .. 6 2 Responsibilities— CONTRACTOR's-m general - 6 ENGINEER's-in general .. ... ... ......... ........... 9 Limitations on . ... .................. ...9 13 OWNER's-in general .......... ... ... 8 Retainage .. 14 2 Reuse of Documents, . .............. 3 7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ............ . . 6-25 Review of Applications for Progress Payments „ ., , 14 4-14 7 Right to an adjustment -- .......... ... .10.2 Rights of Way ..... . ..... .............. Al Royalties, Patent Fees and „ .,- - --.... - 6 12 Safe Structural Loading ... ....... ......... 6 18 Safety -- and Protection ..4.3 2, 6 16, 6 18, 6 20-6 21, 7.2, 13.2 general .. . ... -- .-. 6 20-6.23 Representative, CONTRACTOR'S,,, 621 Samples -- definition of.. - 1.34 general , „ 6 24-6 28 Review by CONTRACTOR ... ........6 25 Review by ENGINEER - ... --- 6.26, 6 27 related Work „..-.. .6.28 submittal of , -„ .. . ... . . .. .... .... .. ..6.24 2 submittal procedures ....6 25 Schedule of progress .. . . ... ......... 6, 2 8-2 9, 6 6, ... _.. -- 6 29, 10 4, 15.2 1 Schedule of Shop Drawing and Sample Submittals 2 6, 2.8-2 9, 6 24-6 28 Schedule of Values.. - .7.6, 2.8-2 9, 14 1 Schedules -- Adherence to . .15.2.1 Adjusting . .... . ...... ..... .... . ...... ...6.6 Change of Contract Times .. .............. . . .....10.4 Initially Acceptable 2.8, 2.9 Preliminary ....................................... ..2 6 Scope of Changes .... ......... .........0...... 10 3-10.4 Subsurface Conditions ..... ..... . ........ . . . 4 2.1.1 Shop Drawings -- and Samples, general, ........... 0 .... . ......... 6 24-6.28 Change Orders & Applications for Payments, and. „ ... . .. .................. 9 7-9.9 definition of .... ..... 1.35 ENGINEER's approval of .. ................ ..... 3 6.2 ENGINEER's responsibility for review... .... ........................ 9.7, 6.24-6.28 related Work .......... ................... ..... review procedures.. . . . ..... .. ....2 8, 6 24-6 28 Article or Paragraph Number submittal required. ... ................. 6.24 1 Submittal Procedures - -- 6 25 use to approve substitutions . ..... .. ... ..... ..673 Shown or Indicated , , , , „---.. 4 3 1 Site Access .. .. . .......... .............. .....7.2, 132 Site Cleanliness 6 17 Site, Visits to -- by ENGINEER ... ..................... 92, 13.2 by others .. ................ .......... 13.2 "special causes of loss" policy form, insurance. , .. ..... ........... ......... . 5.6.2 definition of ..... . 136 Specifications— defination of. ,.. .... .. . ................ ....1.36 of Technical Societies, reference tp ... ..........3.3.1 precedence .... ... ..... ...... ..... .... 3 3 3 Standards and Specifications of Technical Societies---------- - -------- - ------ 3.3 Starting Construction, Before ... .... ......2 5-2 8 Starting the Work „ .. .. ... ................ . 2.4 Stop or Suspend Work -- by CONTRACTOR , .. ... .... .............. .15 5 . by OWNER. .... ............ 8.8, 13.10, 15 1 Storage of materials and equipment ........... ..4 1, 7 2 Structural Loading, Safety , ., ...... ...... , 6.18 Subcontractor -- Concerning, -- ............... . .........6 8-6 11 definition of. .... ...... ................... .. ..1 37 delays - . .... ........... ..12.3 waiver of rights . ...... ................ . .„-- - - 6 11 Subcontractors --in general . ....... . ..... 6 8-6 11 Subcontracts --required provisions.. .--5 11, 6 11, 114 3 Submittals -- Applications for Payment .......................... .. 14 2 Maintenance and Operation Manuals........ 14 12 Procedures ..... ....................... ............0.25 Progress Schedules .. ................ . .. ... 2-6, 2 9 Samples . ... . . ............... .............6 24-6.28 Schedule of Values ..............................2.6, 14 1 Schedule of Shop Drawings and Samples Submissions .. . .......................2.6, 2.8-2.9 ShopDrawings . .. ........................... ........................... Substantial Completion -- certification of ................ ... 6 30.2.3, 14 8-14 9 definition of ..........................................1.38 Substitute Construction Methods or Procedures....... 6.72 Substitutes and "Or Equal" Item ............... .. ..........6 7 CONTRACTOR's Expense ................. ......C3 13 ENGINEER's Evaluation..............................6.7 3 "Or -Equal .... ... .......................... ........6.7.1 1 Substitute Construction Methods xui E)CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures, . .. .. ....... . .. ........ J 7 2 Substitute Items. , 6 7.12 Subsurface and Physical Conditions -- Drawings of, in or relatng to 4 2 1 2 ENGINEER!s Review... .... .. .. .... . 4.2.4 general...... ..... .. 4.2 Limited Reliance by CONTRACTOR Authorized .............. 4.2.2 Notice of Differing Subsurface or Physical Conditions, ... ....... .... .... 4 2 3 Physical Conditions 4 2.1.2 Possible Conti act Documents Change ..4.2.5 Possible Price andTimes Adjustments .4 2.6 Reports and Drawings .... .. . ... . ........ 4.2.1 Subsurface and ... . ..... . ... ......... ...4_2 Subsurface Conditions at the Site. . . . ..4 2.1 1 Technical Data- . .... .... .... .... 4.22 Supervision-- CONTRACTOR's responsibility 6.1 OWNER shall not supervise _.8.9 ENGINEER shall not supervise,,. ..... .9.2,9 13.2 Superintendence ..0.2 Superintendent, CONTRACTOR's resident--- . ...... -6 2 Supplemental costs. 114 5 Supplementary Conditions -- definition of "' ...... .. .. .. . ..... . .. ........ . .1 39 principal references to . ... . 1.10, 1 18, 2.2, 2.7, .. 4 2, 4 3, 5.1, 5.3, 5 4, 5.6-5.9, 11, 6 8, 6 13, 7 4, 8 11, 9 3, 9 10 Supplementing Contract Documents ....... ..36 Supplier -- definition of .......... ... ................ ........ 1.40 principal references to, ... _..3 7, 6 5, 6.8-6 11, 6.20, .. . ..... 0.24, 9.13, 14.12 Waiver of Rights-,,,,, ... .... ... . .... 611 Surety -- consent to final payment,,,, ..... .............. 1412, 14.14 ENGINEER has no duty to„ . .... .... ... . ..... .... 913 Notification of 10.1, 10 5, 15.2 qualification of,,,,, ... ........ .. ........ .. ....... .. 5 1-5.3 Survival of Obligations ................. .. ....... ... ...... ... j6.34 Suspend Work, OWNER May .. . ... ......... J3.10, 15.1 Suspension of Work and Termination-------- ------------15 CONTRACTOR May Stop Work or Terminate....., , * .....* ---- -- --- ...155 -------15 OWNER May Suspend Work . ........... ..... .... .. 15.1 OWNER May Terminate,...*.... _' i ** .. ......... * 15.2-15.4 Taxes --Payment by CONTRACTOR . ........ .. ........6.15 Technical Data -- Limited Reliance by CONTRACTOR,,,, ...... .... 4.2.2 Possible Price and Times Adjustments, ....... .... 4.2.6 Reports of Differing Subsurface and Physical Conditions ....... . ... ........ . ........ . 4.2.3 Temporary construction facilities,..,,,,,,, ... ...... .. ...4.1 Article or Paragraph Number Termination -- by CONTRACTOR ....... .. ..... .. . ......... ....... - 15.5 by OWNER... . . ... . , ... ..... ......... 8 8, 15 1-15.4 of ENGINEER's employment... ..... 8.2 Suspension of Work-in general .... .. ... . . ..... ... 15 Terms and Adjectives, ....... ... ... ......... ... . . . ..... 3.4 Tests and Inspections -- Access to the Work, by others .. ...... 13.2 CONTRACTOR's responsibilities .... I .... .. . ... .. J3 5 cost of 13.4 covering Work prior tq ..... .......... ..... 13.6-13.7 Laws and Regulations (or) ....... 13.5 Notice of Defects 13.1 OWNER May Stop Work ..... ...... ..... .... ........ 13 10 OWNER!s independent testing, ........... .... ..... 13.4 special, required by ENGINEER,,,,,,, .. ..... .. . 96 timely notice required ..... .... . .. 134 Uncovering the Work, at ENGINEER!s request ...... ........ .. ....... ........ . ... 13.8-139 Times -- Adjusting . ..... ...... .. ... ... ... ....... .. .. ... . . 66 Change of Contract .... . .. ..... ...... ..... ..... 12 Computation of. ...17.2 Contract Times --definition of ... . ........ .. ..... 1.12 day ... .. .. .. ...... ...... . .. ...1722 Milestones . . .. ..... ..... . . ... ....... .. ....... .. 12 Requirements -- appeals ..... ... ........ ... .. .. .......... _910,16 clarifications, claims and disputes ... ..... . .. . 911, 11 2, 12 Commencement of Contract Times .... ... ..... 2 3 Preconstruction Conference 2 8 schedules, ..... ...... 26,29,66 Starting the Work,- .. .. . .......... . . ..... . .24 Title, Warranty of .... ... .... ... .. .......... . . .....14.3 Uncovering Work„ .. . ... . ..... ... . .. ...... ...... .. 13.8-139 Underground Facilities, Physical Conditions -- definition of . .............. 1.41 Not Shown or Indicated, ......... ... .... .... . ....... 4.32 protection of, .. .......... ................ .... . .... 43,620 Shown or Indicated ....... .. ....... .. . .......... ..... 4.3.1 Unit Price Work -- claims... .... ........... . ... ... .................. .... 11.93 definition of .. .... .. .. ... .... . ........... ......... ...1.42 general 11.9, 14.1, 14 5 Unit Prices-- generall 13.1 Determination for, ....... .......................... ... ... 9.10 Use of Premises,--,,, ...... .... ........... 6.16, 6 18, 6 30.2 4 Utility owners ............ . ............ * 6.13, 6 20, 7.1-7.3, 13 2 Utilization, Partial 128, 5 15, 6.30 2.4, 14.10 Value of the Work .............. I ..... ..... ...11.3 Values, Schedule of . ..... .. ..... ....... .... 2.6, 2.8-2 9, 14.1 x1v EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized. ....-., . ___ ... 6.25, 6 27, 9 5 Article or Paragraph Number Visits to Site --by ENGINEER. 92 Waiver of Claims --on Final Payment, 14 15 Waiver of Rights by insured parties .. - ... 5 11, 6.11 Warranty and Guarantee, General --by CONTRACTOR „ ,--, , ,. - 630 Warranty of Title, CONTRACTOR's .14.3 Work -- Access to .... ........... 13.2 by others....... 7 Changes In the -. .• ........ . ...10 Continuing the, ... , .. 6 29 CONTRACTOR May Stop Work or Terminate, , , , ,- -, .15 5 Coordination of ................. ,..,,... ...7 4 Cost of the,. .... ... .. . . ... ........... ... 11.4-11.5 definition of... . .. ....... .... .............. 143 neglected by CONTRACTOR. , 13 14 other Work ... -., .,, ...... .... .. . . ..... . 7 OWNER May Stop Work. --- „- 13 10 OWNER May Suspend Work ....... , . 13.10, 15.1 Related, Work at Site. - ,,. .7.1-7 3 Starting the, .... , ... ............ ..2 4 Stopping by CONTRACTOR .35 5 Stopping by OWNER - „ ...15 1-15.4 Variation and deviation authorized, minor.. .,, . 3 6 Work Change Directive -- claims pursuant to . ..... ....... --10 2 definition of . . . ........ . .. ... . .. - ..- .1 44 principal references to. - ,. 3 5.3, 10 1-10 2 Written Amendment -- definition of ........... .. . ---1 45 principal references to ... ..... 1.10, 3 5, 5 10,15.12, „............. „ .6.6.2, 6.8.2, 6 19, 10.1, 10 4, 112, 12.1, 13 12 2, 14.7.2 Written Clarifications and Interpretations ......... .... 3.6 3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR ............. ......... 7.1, 9 10-9 11, 10 4, 11.2, 12.1 by OWNER... ....... ..9 10-9.11, 10.4, 11 2, 13 14 xv FJCDC GENERAL CONDITIONS I910-8 (1990 EDITIOl w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/9 0 f 0 E8 I LE Ell N (This page left blank intentionally) xv� ETCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 1 1 Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 12. Agreement --The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 13 Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents 14. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration 15 Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents --The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) 17 Bidding Requirements —The advertisement or invitation to Bid, instructions to bidders, and the Bid form. L8 Bonds —Performance and Payment bonds and other instruments of security. 19. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10, Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3 6 1 and 3 6 3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6 27 and the reports and drawings referred to in paragraphs 4 2A and 4 2 2 are not Contract Documents 111. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 119 1 in the case of Unit Price Work). 1 12 Contract Times —The numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14 13. 1 13 CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1 14. defective --An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14 8 or 1410) 1 15 Drawings —The drawings which show the scope, extent and character of the Work to be famished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defined. 116 Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver 1.17 ENGINEER —The person, firm or corporation named as such in the Agreement. 118 ENGINEER's Consultant —A person, firm or corporation having a contract with ENGINEER to famish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 119. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9 5 but which does not involve a change in the Contract Price or the Contract Times a 9 Hi SECTION 00100 INSTRUCTIONS TO BIDDERS Ff fl 9-11 l �'1 L ,I LJ' I�M .. 17341 EF �J IX 0 Ai .a FQ nL 120. General Requirements --Sections of Division 1 of the Specifications 121. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time 1 22.a. Laws and Regulations, Laws or Regulations —Any and all. applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, auihorities and courts having jurisdiction 1.22 b. Legal Holidays —shall be those holidays observed by the City if Fort Collins 1.23 Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 124. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1 25 Notice of Award —A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26 Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents 1.27. 09 WER—The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial UtilLanon—Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 129. PCEs—Polychlormated biphenyls 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14 7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils 1.31. Project --The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 132 b Regular Working Hours —Regular working hours are defined as 7 00am to 6-00pm unless otherwise specified in the General Requirements 133 Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof 134. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35 Shop Drawings —All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 136 Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 137. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site 138 Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terns 'substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 139. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40 Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 141. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) materials. electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 142. Unit Price Work -Work to be paid for on the basis of unit prices. 1.43 Work -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 144. Work Change Directive -A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 42 or 4.3 or to emergencies under paragraph 623 A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10 2. 145. Written Amendment -A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to famish in accordance with paragraph 5.1 Copies of Documents: 22. OWNER shall fimish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be famished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed: 23. The Contract Times will commence to inn on the thirtieth day after the Effective Date of the Agreement, or, E1CDC GENMAL CONDITIONS 1910.8 (1990 E(hhon) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. in fie event 911 the r,,._t_ et Time of the Agreement, whieliever date is earlier Starting the Work: 24 CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 25 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review 2 6 1 a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2 6.2 a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2621. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer 2 6.3 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work 27. Before any Work at the site is started, CONTRACTOR and ^m_R viT fER shall east deliver to the ed er OWNE with copies to en -eh -ad-ditionall insured -denti fled in the c....plefneiit..,., Gend;tien ENGINEER, E ® certificates of insurance (and other evidence of insurance feasenably —request requested by OWNER) which CONTRACTOR aad ^`I'"TL'D _ .....:..vi.. ^ e is required to purchase and maintain in accordance with paragraphs 5 ^, C� .6 and 5.7 Preconstruction Conference: 2.8 Wrhin twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understandmg among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Aeceptable Schedules: 29. Unless otherwise provided in the Contract Documents, at least ten days be fete ,..A....issien eft —he list Applieattei• cent before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6 and Division I - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 31. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and perforated whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9 4 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 33.1 Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.32. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in wnting at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3 5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.33 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3 6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3 3.3 1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents), or EJCDC GENERAL CONDITIONS 1910.8 (1990 Edmore) w✓ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.3.4. In the event of conflicting or ambiguous No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any ofENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents 3.4. Whenever in the Contract Documents the terms "as ordered", as directed", as required", as allowed", as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and .Supplementing Contract Documents: 35. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways• 3 5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10 4), or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 3 5 3 a Work Change Directive (pursuant to paragraph 10 1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways. 3 6 1. A Field Order (pursuant to paragraph 9.5), 3 6 2 ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6 26 and 627), or 3 6 3 ENGINEER's written interpretation or clarification (pursuant to paragraph 9 4) Reuse of Documents: 37 CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (li) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands 41. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, nghts-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR lands upen whieh the Work is te be per-fenned an therein -irTncccSsm:T cvi— giving -iivcree- of of filing a Fneehanie's lien against sueh lands iR aeeerdanee rratlt--appheable r, and ve....l..t.,..., OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings- Reference is made to the Supplementary Conditions for identification of 4.2 1.1. Subsurface Conditions Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 42 2. Limited Reliance by CONTRACTOR Authorized, Technical Data CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to 42.21. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2-2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4223. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 42.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 4.2.3 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4 22 is materially inaccurate, or 423.2. is of such a nature as to require a change in the Contract Documents, or 4.2.33. differs materially from that shown or indicated in the Contract Documents, or 4.234 is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, prernptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6 23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4 2.4 ENGINEER's Review- ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER'S obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 425 Possible Contract Documents Change. If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change 4 2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following 4.261 such condition must meet any one or more of the categories described in paragraphs 4 2 3.1 through 4 2.3.4, inclusive; 4.2 6.2 a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 42.63. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9, and 4264 CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 42.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the 6 EJCDC GENERAL CONDITIONS I910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) submission of a bid or becoming bound under a negotiated contract, or 42642. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 42.64.3. CONTRACTOR faded to give the written notice within the time and as required by paragraph 4.2 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Pnce or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Physical Conditions —Underground Facilities: 4 3.1. Shown or Indicated- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data fumished to OWNER or ENGINEER by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions: 43 1.1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data, and 43 1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (n) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 620 and repairing any damage thereto resulting from the Work. 4.3 2. Not Shown or Indicated If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 623), identify the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. Dunng such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 44. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior wntten approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material. 4.5.1 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible 0 0 0 Foi N ot 117 0 Flo IM _ .. _U " .. .. 44 .. .. . VIMNOV .. •_ w 11,01,00104 WIN i Ow .. _ - - - 45 5. The pf&visiens of lia fa....aphs 4-2 and r4.3 �c neliye Material tifteevere ef revealed at the s+t.— ARTICLE 5—BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at lea:;t until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except. as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Remsurmg Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5 1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers, Certificates of Insurance: 5 3 1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly Licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be Provided in the Supplementary Conditions. 5-3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purcfiase and maintain in accordance with paragraph 5 4. n`Z1T� TQA hall deliver te CONTDivTvD, ..ith `vpnTtvea—eh f. Condition eeFtffi n of : sil_anee (and ^thief f Vifimp^ Af afleerequested by /"`nTTTD `T(1D insured) { f.n phs c c n..a c ^r l,n"^^c P EJCDC GENERAL CONDITIONS 1910-8 (1990 E(lition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR's Liability Insurance: 54. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5 4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts, 5 4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees, 5 4 5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom, and 5 4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle The policies of insurance so required by this paragraph 5 4 to be purchased and maintained shall - 5.4.7. with respect to insurance required by paragraphs 5 4 3 through 5.4.6 inclusive and 5.4 9. include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5 4.9 include completed operations insurance, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 5 4 10 include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 612, 616 and 6 31 through 6 33; 5.4 11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured Identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5 3.2 will so provide); 5 4 12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12;and 5 4 13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured Identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 55 In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents Property Insurance: M MF 01, SO ; .. .. ... 1MI. .001000.64-MMI WIN— �1�l�El31�1�1!M _ M.-Z WIN W. 0 0 CI L 0 C 0 ri L tl. A a fnisehief-, vandalism malteieus e_�Uquake, eceasi^I. a . sellapse, nf_ debFis removal,''ewe e tot dne nT dame r:l �:ater and eh ether may speeifieally r red7 by the Supplementary Gend,t,ens c G Z include ifiewfed the r expeases d,plaeernent ,.ran. ift ..d._t,. /:l. insureds 1. .tedl ♦e fees and ehafges p a eF ennglizc�r.r uzm \\�� T I FM I FM • •. •. WIN •• t. • ��Y.j..�.Y, ` i_... Ul- .'J MM "10010 WIN 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in •-•_ • - - - _- • . Y• _ •11 •_ Now. I 14- •. . •_. .. �. _ . 4�i i� t �/4iM.T1.Ti 7Y.TRfs1 Mwe _ t. _ • t. •t_ •_ rap- _ _ MR FIROMMAW ON "fi _ t. to t. • • /. • 1. I. t_ .0110 I • L L . � less, damage er eensequential i S r r_ a ts in1.• pat graph 5 1 1 2 shall fA 1 it h in-r tjap t F o f h t damage t'eJ� , ;ey. ..ti l lass the insureFs Ail! have ne rightsr EJCDC GENERAL CONDITIONS 1910-8 (1990 Edlhm) a10 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 9 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 the loss with the insurers and, :f - red i T`t` g by e new rI ifiterest; OWNER as fidueimy shall b ive band fef Acceptance of Bonds and Insurance; Option to Replace: 5 14 If OWNER has any objection to the coverage afforded by or other provisions of the Bends er insurance required to be purchased and maintained by the otherpai47 CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the ebjeeting paFty shall se ..eaether pa), OWNER will notify CONTRACTOR in writing within ten fifteen days after reeerpt delivery of the certificates (er e ne requested) to OWNER as required by paragraph 2 7 (PARiER and GONT-D A CTO shall eaeh .. eyide_ to 16e tl.e.. n .ei. dd t:e.. I .,1:....._„t.en in s peet of in provided as the ether may Feasonably request if ei party dees net pufebase of �I "6flef the Bends and of .eh paFty by the (fie tuFaec-G notifytheother paFty —in .qt:..b.. of ....el. failer-e to .. r-ehase prior to t1he st...t of too Werk, or of nueh failure to .._ ti4a.. p r ton el ange in the required EeveFage Without . :.thee other n& er fe e.b. the ether ""l" fflay ^lent to obtain equivalent Partial Utilization —Property Insurance: 515. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 Edlhon) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 1410; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence. 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 or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents 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 CONTRACTORSs 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 11 R SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub - bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The as term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid.. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. �n 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 7/96 Section 00100 Page 1 64 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, t ools, appliances, fuel, power, light, heat, telephone, water, anitary facilities, temporary facilities and all other acilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6 4 1. Purchasing Restrictions CONTRACTOR must comoly with the City's purchasing restrictions. A coon of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6 4.2. Cement Restrictions: Citv of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel 65. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall furnish 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. 6 6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12 1 Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal " Items: 6 7 1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required Unless the specification or description 12 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 m 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. 6 7 13. CONTRACTOR's Expense 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 furnish 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 6.7.1 2 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 ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. 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. 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. EICDC GENERAL. CONDITIONS 1910.5 (1990 Echhon) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6.9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is, without subcontractinO. 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 cupple,..e.tai", rendition Biddin Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to fumrsh the principal items of materials or equipment) to be submitted to OWNER in advanee of the speeified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER end --if CONTRAGTOR has submitted a list the_ee f aeeerdanee .Atli the cuppleinent.,.,. Gend:t:ens OWNER's or ENGINEER's acceptance (either in writing or by falling to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) e€ in which ease CONTRACTOR shall submit aeeeptable—substitute, the Gefit_,.,t P_.,.e ..All be will be issued - Written Amendment signed will constitute a condition of the Contract rgguinna 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 6 9.1. 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 CONTRACTORSs 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 relationship 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, suppher or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 u I 6 9 2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6 10 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 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_ Whenever any eh agreeme additional insured an the prepeFty insuranee preAded—in paragFaphs 5 6 er 5.7, the agT-eefnew between 4he G()NqqZ6kGT0R and the StibeentFaeter ef: Supplier will eentain previsions whereby the Stibeentraaef er- Sup . - all rights against OWNER, CONTRACTOR, ENGINEER, 1;T7!`_1TTEER'S Gensult....ts and all l addit.enal insur-eds r r all losses and damages ^ sed by �... e.a - f e.. ..... resulting fre.... e f the .. ..L. eeye.ed by b the Werk. if the insurefs an any sueh pelteies require sepa .^te waiver fefms to be signed by any SubeapAraete. e 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 constivction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6 14 1 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor INGINEER 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 protect Said taxes shall not be included in the Contract Price Me project. Address - Colorado Department of Revenue irate Camel Annex E 14 ICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado, Regional Transportation Distract (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes) on any items other than construction and building materials physically incorporated into the protect are to be paid by CONTRACTOR and are to be included in appropriate bid items Use of Premises: 616 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other 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 Documents: EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6 20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to- 6.20.1 all persons on the Work site or who may be affected by the Work; 6 20 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6 20.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). 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 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6 22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations Emergencies: 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 626. 6242. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications 6.25. Submutal Procedures: 6251 Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified 6.2511 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 6.2513. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents 6 25 2 Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25 3 At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 626 ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER'S attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval, nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6 25.1 628 Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2 9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15 5 or as OWNER and CONTRACTOR may otherwise agree in writing 6.30. CONTRACTOR's Genera! Warranty and Guarantee: 6 30 1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by 6 30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers, or 6,30.1.2. normal wear and tear under normal usage. 6.30 2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6 30 2.1 observations by ENGINEER, 6.30.2.2 recommendation of any progress or final payment by ENGINEER, 6.30 2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents, 630.24. use or occupancy of the Work or any part thereof by OWNER; 6302.5. any acceptance by OWNER or any failure to do so; 630.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6 30.2 7 any inspection, test or approval by others, or 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 ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 0 0 [1 0 0 Mi 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 631 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the Lability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations. 634 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 Rork at Site: 71 OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (h) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 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. 7.3 If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work Coordination: 74. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 74 1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 742. 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—OWNER'S 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 aga}ast 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. 84. 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18 w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents o c �XIMT nt_ __ -...._....a ..C....�..L.....:.... . ...... r_•_b'_Y..--- __"_a••-.-- 8 6. OWNER is obligated to execute Change Orders as indicated in paragraph 10 4. 87 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. 89 The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. ._ .. �. grown .. �l � . •• - ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 92 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 42000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9 13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work Project Representative: 93 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9 3 and 9.13 and in the Supplementa Eenditien 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 93 1 The Representative's dealings in matters pertaining to the on -site work will, in general, be with the ENGINEER and CONTRACTOR. But the Representative will keep the OWNER properly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR. 9.3 2. Duties and Responsibilities. Representative will: 9 3.2.1. Schedules - Review the progress 19 I schedule' and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9 3 2 2 Conferences and Meeting - Attend meetmg with the CONTRACTOR such as preconstruction conferences, progress meetings and other iob conferences and prepare and circulate copies of minutes of meetings. 9 3.2 3. Liaison 9 3 2 3 1. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S supenntendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.32 Assist in obtaining from OWNEmo R additional details or information, when required, for proper execution of the Work 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of 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, Rejection of Defective Work, Inspections and Tests - 93241. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding i accordance with the Contract Documents 9.3.242. Report to the ENGINEER whenever the Representative believes that the Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise the ENGINEER when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9.3.2.43. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Proiect, record the results of these inspections and report to the ENGINEER. 9.32.5. Interpretation of Contract Documents. Renort to ENGINEER when clanfications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clanfication and interpretation of the Contract Documents as issued by the ENGINEER. 9126 Modifications Consider and evaluate CONTRACTOR'S suggestions for 20 EICDC GENERAL CONDMONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) modification in Drawings or Specifications and report these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 9 3 2 7 Records 9 3 2 7.3. Record names addresses and telephone numbers of all CONTRACTORS, subcontractors and maior suppliers of equipment and matenals. 9 3.2 8 Reports 9 3 2 8 1 Fumish ENGINEER nenodic reports, as required, of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals. 9 3 2 8 2 Consult with ENGINEER in advance of scheduling maior tests inspections or start of important phases of the Work 9328.3 Draft proposed Change Orders and Work Directive Changes obtaining backup matenal from the CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes and field orders 9328.4 Report immediately to ENGINEER and OWNER the occurrence of anv accident 9.3.2 9 Payment Requests Review applications for payment with CONTRACTOR for comphance with the established procedure for their submission and forward with recommendation to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the Work 9 3.2 10. Completion 932.10 1 Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring correction or completion. 9.3.210.2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 9.32103 Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9 3 3 Limitation of Authority: The Representative shall not: 9.33 1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER. 933.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents 93.3 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 ssoecifically called for in the Contract Documents 9.3.35. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. 93.3.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR. 9.33.7. Authorize OWNER to occupy the Work in whole or in part. 9.3.38. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER. Clarifications and Interpretations: 94. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910-8 (1990 FAtion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderlustifies 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. Determinations 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 21