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HomeMy WebLinkAbout129564 TRAINOR CONSTRUCTION - CONTRACT - BID - 5730 TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCHSPECIFICATIONS AND CONTRACT DOCUMENTS • TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH . BID NO. 5730 BID OPENING: PURCHASING DIVISION 215 NORTH MASON, 2ND FLOOR, FORT COLLINS _ SEPTEMBER 10, 2002 - 3:00 P.M. (Our Clock) Addendem No. 1 City of Fort Collins September, 2002 Taft Hill Road Bridge Over New Mercer Ditch Item No. Description Unit Estimated Quantity Unit Cost Item Total 515 Waterproofing (Membrane) SY 212 601 Class 5 Finish SF 771 601 Concrete, Class B (Bridge) CY 136 601 Concrete, Class D (Bridge) CY 87 602 Reinforcing Steel LB 7789 602 Reinforcing Steel (Epoxy Coated) LB 21902 603 12 Inch Reinforced Concrete Pipe, Class III LF 4 603 8-Inch PVC SDR 35 Pipe with 20" Steel Casing Pipe LF 43 604 Manhole (48") (H=5') EA 1 604 Inlet, Type R (L=5') (H=5') EA 1 606 Bridge Rail (Concrete) LF 51 608 Concrete Sidewalk (6 inch) SY 23 608 Concrete Curb Ramp (6 inch, Mod) SY 9 609 Curb, Type 4 (Section B, Mod) LF 52 609 Curb and Gutter, Type 2 (Section 1113) LF 38 618 Pre -Stressed Concrete Slab (Depth 6" to 13") SF 1058 626 IMobilization LS 1 630 lConstruction Traffic Control LS 1 In Words Page 2 of 2 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. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTORS expense. 6.7.2. 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 6.7.1.2 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' 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 6_9. 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. EJCDC GENERAL CONDITIONS 1910-8 (19%Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is without subcontracting) The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. Tf rt••-- --��c a Bidding Documents require the identity Vof certain Subcontractors, Suppliers or other persons or organizations (including those who are to firmish the principal items of materials or equipment) to be submitted to OWNER in advanee of the speeffied date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,--.aff" CONTRACTOR h 1, OWNER's or ENGINEER's acceptance (either in venting or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) e€ ;ntieli He all basis of Feasanable objeetien after due ifives4igation .. iieh ease GONTn adjusted by the differeftee in the east eeeasiened b5 suoh substitution and an-appFepFiate-Ghaiage-ofdw will be issued oF Wriaen Will constitute a condition of the Contract requiring the use of the named subcontractors suppliers or other Persons or organization on the Work unless prior written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 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 CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual 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, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment" 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or famishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terns and conditions of the Contract Documents for the benefit of OWNER and ENGINEER 3Aqmeyer am, sash aweemest - -il i - - �1!MlYi41?111j1% Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall 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. EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) 14 µ./ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the project Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes) on any items other than construction and building materials physically incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items Use of Premises. 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of --way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the clam 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 perfotrtlance 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 4/2000) 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 pavment, these record documents, Samplesand 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 Representadve: 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: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6,24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number. of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 16 wl CITY OF FORT COLLINS MODIFICATIONS (REV 412000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures. 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have detennined and — verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect — thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to _ CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and _ procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and — coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. — 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied " CONTRACTOR's obligations under the Contra( 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 specie: notation to be made on each Shop Drawing aid Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items. covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a fimnctioning 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 ..a W 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. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by 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 General Warranty and Guarantee. 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR'S warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. 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 ErCDC GENERAL CONDITIONS 1910-8 (1990 Edition) W1 CITY OF FORT COLLINS MODIFICATIONS (REV 4/2(00) 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; 6.30.2.4. use or occupancy of the Work or any pan thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold hamiless 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 famish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier_ any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability 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: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER'S own forces; or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER'S employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under Us paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable E/CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18 cot CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR'S Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR'S failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the. following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7A.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint anengneer against ,,hem GONTR-ACTOR WA whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when. they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs ' and 4.4. Paragraph4.2 refers to OWNER'S identify+ and making available to CONTRACTOR. copies A reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and Programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing 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. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 0WNER'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. 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEERS 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. ENGINEERSs 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: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in Paragraphs 9.3 and 9.13 Seaditiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in Ae SupplemerAaimy Geeditions oaraeranh 9.3 9.3.2. Duties and Responsibilities Representative VdII: 9.3.2.1.Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconshuction conferences, progress meetings and other Job 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 CONTRACTORS superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or information, when required, for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and 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 - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.3. Accompany visiting inspectors revresenting public or other agencies having iurisdiction over the Project, record the results of these inspections and report to the ENGINEER. 9.3.2.5. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER. 9.3.2.6. Modifications. Consider and evaluate CONTRACTORS suggestions for 20 FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODEICATIONS (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. 9.3.2.8. Reports. 9.3.2.8.1. Fumish ENGINEER periodic reports, as required, of the progress of the Work and of the CONTRACTORS compliance with the progress schedule and schedule of shop Drawing and sample submittals. 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests. Jnscections or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and . Work Directive Changes, obtaining backup material from the CONTRACTOR. and recommend to ENGINEER Change Orders, Work Directive Changes and field orders. 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for .'their submission and forward with recommendation to ENGINEER, noting particularly the relationshin of the payment Muested 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 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring correction or completion 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 9.3.2.10.3, Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9 3 3 Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR, Subcontractors or CONTRACTOR'S superintendent 9.3.3.4. Advise on or issue directions relative to or assume control over any as of the means, methods, techniques sequences or procedures for construction unless such is specifically called for in the Contract Documents 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. _ 9.3.3.6. Accent Shop Drawings or sample submittals from anyone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part 9 3.3 8 Participate in specialized field or laboratory tests or inspions ectconducted by others except as snecificalIV authorized bv the ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 11 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 Orderjustifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. 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 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (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 patty may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 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. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 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 pui:s rent to Af ie e 16. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or famish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests. and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and 5070 25'-%- ELEV. 5059.53 B.F. ABUT TO B.F. ABUT. ELEV. 5059.68 RUBBER COUPLING - PVC TO CLAY 5060 EXISTING 8" 0-<:::: CLAY PIPE NEW B" 0 x 3'-0" PVC 5050 F- NEW CITY OF FORT COLLINS STANDARD SHALLOW MANHOLE WITH FLAT TOP; DEPTH = 2'-B" (TO INVERT) RUBBER END SEAL (1YP) 1'-8" 0 (�'� STEEL CASING EXTENDING 1' BEYOND ABUTMENT WALLS WITH CASING SPACERS. SANITARY SEWER ELEVATION SCALE: 1" = 10' DIMENSIONS AND ELEVATIONS TAKEN ALONG CENTERLINE OF NEW PIPE (BEARING NO'17'18"E) ELEV. 5058. JOINT IN PVC PIPE SHALL ALIGN WITH END OF CASING (TYP) ELEV. 5058.31 `MODIFY EXISTING MANHOLE AND DROP STRUCTURE TO FIT NEW PIPE NEW 8" 0 X 43'-0" PVC SDR 35 PIPE W/ 2.3% SLOPE - --"-#--z CITY OF FORT COLLINS, COLORADO MIM MIM `DAFT HILL ROAD BRIDGI ka SCALE DAIS ^_ -_ I SANITARY SEVER_ ELEVATION ENGINEERING DEPARTMENT ., .... responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 1 l or Article 12. 10.3. CONTRACTOR shall not be entitled to anincrease in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) 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; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall inetude, but -net 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 retirmnext benefits; bonuses applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EJCDC GENERAL CONDITIONS 1910-5 (1990 Edifim) 24 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, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but —~ not limited to engineers, . architects, testing , laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work. _. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismanding 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. n 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 ..i performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR'S office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11_5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11 A 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1, for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee the ne)kt lower tier Sube"ntfaeteq 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. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in 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 - 11.6.2.6. 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. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs l I A and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit. and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Ptice Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11:9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I 1 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; EICDC GENERAL CONDITIONS 1910-8 (1990 Edifim) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the -parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change nuantities 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 TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty 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) wil be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice. of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasenable time s 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; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 E1CDC GENERAL CONDITIONS 1910-8 (1990 Ulm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) below shall be paid as provided in said paragraph 13.9;and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if 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. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to famish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1.If within one year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ere year two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (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 there_ for as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for 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 subiect to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodiansh p By executing the application for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101 et seg. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment 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 E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGMEER'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 ENGMEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or famish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 30 µ,/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER'S objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (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 he 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. final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); - 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice. 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.L 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. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w! CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be constmed 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 imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which apply. pP Y Professional Fees mud Court Costs Included. 17.5. 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. 17.6. 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 payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials team hie sustenance, provisions provender- or other supplies used or consumed by CONTRACTOR or! his 33 1'-8" 0 EL 5057.42 EL 5056.68 #6 VERTI REINFORCEM PIPE . 5057.55 (ABUT 1) . 5056.80 (ABUT 2) #5 HORIZONTAL REINFORCEMENT -8" CASING INTO ABUTMENT SANITARY SEWER REINFORCEMENT DETAIL SCALE: 1/2" = 1' TYPICAL FOR ABUTMENT 1 AND ABUTMENT 2 REINFORCEMENT APPLIES TO EACH FACE °`° ° °"""" �` TAFT HILL ROAD BRIDE CITY OF FORT COLLINS, COLORADO i MIM I MIM scuE DA7L SANITARY SEVER DETAIIS ENGINEERING DEPARTMENT AC unTcn I nn_oc_no Qur T I FIR EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 34 wl CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (This page left blank intentionally.) EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be trade 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 CONDITIONS 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 join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be fatal, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7OWNER 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 remainsuspendeduntil 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 -AI SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Proposed Bridge Replacement Taft Hill Bridge Over New Mercer Ditch Taft Hill Road and Laporte Avenue Fort Collins, Colorado Terracon Project No. 20025107 July 9, 2002 Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL)._ 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). _ 00800-2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 9/99 PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: SECTION 00950 CHANGE ORDER NO. TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; BID NO. 5730 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.$ OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: - DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 Section 00960 Application for Payment Insert pages 1 - 9 9/99 Ovaim Cky of Pat C o BN(iQiEB><: WAVIER. 1 1 7 CHANOBOROER9 DATA pug Ckma, by Cbrye O-da APPLICATION FOR PAYMENT PRUIELT: CONTRACTOR: -Amllndw h merle fir Peymrnt t. *A" kIW is mmmtim whh Cmhett AMOUNT Theprcoenl Nowt yr $0 sew" fa Wit Coniml 14 a follows: Orlthul CoeO.d Amo mL NA Cbap:o by Chmte (hies: TOW Cmpmhd ad sw" m Daw Len Ptcvlau lipp0atima: Amount Dec Ihle ApplFutioe - Defmc Rdamft : Lc" ReWettq jo..00 I AMOUNT DOB TUffi APPLICATION: CWTIPICATM. TM p.dydted CONTRACTOR enUKu 8utn11 obrvmdm of CONTRACTOR ieewad In tuaw" witb er We k hem 6aa "d-W u tego6d be rawtvb 143. d *0 Omni Coedh;me d the Cmioed. TW ehme AW WA Due Thh AVVSCdIM b tW!Wtd by the CONMCrM - - Dse: r great of /e .bo.e AmoeN the TWt AppReoRee N tcws>envkd 6y the FliOINHF.R. Alert dtheebore Amend Oee Thh Applieetim 6u 6tm tuinrod by the OWNOR'9 Pm1xt Mae.ta. D..e DP Peym.soIlb, Nwoe AWWM Due Thh APPonlitR h'"myed by the OW IM APPLICATION NIIMBRItt APPI.ICATtUN DATE* PPRIOD.EEOINNWO; PERIOD PNOD7U: PROtCCT NUMBER: to-uo 0.00 $0.00 PAUE I OF d 24" RING AND COVER - 400 LB. DENVER HEAVY BY MACLEAR OR APPROVED EQUAL \ FINISHED GRADE J( to � P.' NOTE: MINIMUM INSIDE DIAMETER OF MANHOLE SHALL BE AS FOLLOWS: PIPE SIZE 24"OR LESS 27"TO 42" (INCL) OVER 42" MIN. MANHOLE DIAMETER 48" 60'1 72" 8" MIN •4. —7MANHOLE NEED DO.C. AS NOTE x N 4 m � + q. . i CONCRETE ADJUSTMENT SHIM GROUTED INSIDE AND OUT FLAT SLAB TOP SECTION IN LIEU OF CONICAL TOP ASTM C-478 -ASTM C-478 MANHOLE SECTION GROUT BASE TO CONE INSIDE AND OUT .0 CONCRETE BASE .p n, POURED INVERT .A ..'P "4''-'•-"� PRECAST MANHOLE 'e .G,.:. d•:. -; nr7:: a'.:-"'.'s ,e ::-: BASE 8"MIN. ALTERNATE BASE SHALLOW MANHOLE WITH FLAT TOP CITY OF FORT COLLINS, COLORADO ENGINEERING SERVICES UNIT APPROVED BY DATE: REVISIONS: D-4 CONTRACT AMOUNTS am Udt flue,(juepih• Units Price Amount Number Watt CMPICW M Meelh illy. Amuuat APPUCAMON FOR PAYMENT Wod c toplet<d Wad Congdded Pmdmu Ptticdl To Uale W. Amnon Qty. Amount Stu" M w.h -Uda 14riud PAVE 2 UP 4 Total H....d T'o Uate 1'o...0 Ihik.1 . SO,w 10.00 - $0.00 WOO $0.00 I:mt ;O.W $Q.W f0.W fo.W I:Itit $O.W- $0.09 18.00 $13.09 30.W I:HIt Sn.w 10:00 10.00 fO.W fo.W hHlt- $O.W SO.W WOO _ scoo $0.00 Idtx •in.W $0.00 $0.90 $0.00 $G.W Cxx fn.W $0.00 SO.W SO.W $0.00 MIR $0.00 fo-0o - $0.00 $0.00 f0.t10 Hill $0.00 $0100 $9.00 $0.00 $11.1111 F.11x' ".0o $0.90 S0.00 $0.00 so.W hltx $0.00 $0.00 so.w so.W 10.110 Wtk $006 19.00 $0.00 ;O.W So.w I:Itx 10.09 $0.00 fo.W 10:00 $0.00 $0.1111 $0.110 $Q.W riltH I:HR $0.00 $0.00 $0.00 $0.00 $11.00 $0.011 hail faW $0.00 fo.00 $0.00 'f0.w SO.w L•Hk fn.W $0.00 $0.00 sox" UK f0.W SO.w $0.00 $o.w $O.w Hill $O.W $0.00 S&oo $0.w fn.W f0_W f0A0 So.W I:HIt I:HIt ;O.00 SO.w Sn.w $0.00 Sn.w fo.W I:Rx $0.00 so.w $0.00 $0.00 $a.w i:mt ' ;O.w $0.00 $0.00 SO.W 10.00 $o.w. I:ItH Woo s0.w $0.00 $0.00 $0.00 I:Hx 10.00 fo.w $0.00 fold WIR $0.00 $0.00 $0.00 So.w hxH SO.w. $0.00 10.00 $0.00 So.W I:xlt $0.90 $0.00 $0.00 fn-w $0.00 i:xx $0.00 SUM so-coSO.w 10.00 IAA - Sn.w fx.w $9.00 fo.00 $a-W Ixx fow ;0.00 $0.00 $0.00 $0.00 I:xH $0.00 So,w f0.00 $0.00 1144 fo.W $0.00 $0.00 FO.w Skull I:HH j0.00 ;n.w $0.00 fU.w SO.w SD.wI:Ilit fO.W RIIfASS 1 1( I I_ ) 1 I) 1 i I 1) 1 1 1 1 1) 1 1 1) i I i 1 1) i I i 1 i I 1 CHANGE ORDERS APPHICA$HON FOR PAYMENT - PACE $ OF 4 Work cmupkw Wctk CompkW - Woh Campkl j Smtal (sop Tdk Moo1h Ptwlon I4tfd. To Daw Mdvie6 Twal Inter U00 N®b" Dmiptim Q1wyY.. U0i1. FA6 Amtwol Illy. Amamt Qty. _ Amolml Illy. Amount 7Lw Ndod Ei.nd T. D.t I'mynI IAOaI - - $0.00 $0.00 $0.00. pm $0.00 f0.00 $0.00 $0.00 $0.00 $0.00 $0.00 f0'� $0.00 - laut ERR $0.00 $0.00 f0.00 s0.00 fo.a0 Won f0.00 S0.00 1:111t EEO $0,00 $0.00 $0.00 $0.00 s0,00 ;o,DO E011 f0.00 So.00 s0.o0 SUN 50.00 Mill Sam 10t11 fa_00 $0.00 $0.00 10.00 $0.00 $0.00 flat IiRll $0.00 $0.00 $0.00 - $0.00 $0.00 $9.00 $0.00 $0.00 E011 $0.00 $0.00 $0.00 $coo $0.00 LN11 IiRk 10.00 $0.00 10.00 $0.00 $0.00 $0.00 $0.00 $0.00 lilt!! $0 m $0.00 $0.00 f0.00 $0.00 $0.00 $0m lilt!! L•It0 f0.00 $0.00 $0.00 $0.00 $0.00 L•IM WrAL CHANGE DRDRR$ $0.00 $0.00 $0.00. $0.00 $O.W $0.00 ERR PFDJWP$VFAL4 $0.00 $0.00 $0.00 $0.00 . $0.00 $0.00 Ifltlt STO"M MATERIAL SM AlARY PAGE i OF 1 On RNA RccL ed In+lellad Un 11bn.1 iem Invoieo Pmam. - _ 7Aip Thu IAI. Ibta6ee Nae61:t Dal 4410n ApPlllaliou P"iod. P." Alrydicbll.ro $11 IXt in.lnt Sn.u1 ftl ut 3n al 511,1b lit.lpt 111 lb SILIbI jQIXI SIIJXI SIY,Ip SILIpI SILtXI SII,IpI 111 lbl 17IALS SO,aa S4ao $0.00 SIMMI l I i 1 1 1 1 1 CITY OF FORT COLLINS, COLORADO TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH PROJECT SPECIAL PROVISIONS The General Conditions of the Construction Contract, along with the Supplementary Conditions and Project General Requirements, control construction of this project. Sections 200 through 600, Construction Details, and Section 700, Materials Details, of the Colorado Department of Transportation 1999 Standard Specifications for Road and Bridge Construction apply to construction of this project. The following Special Provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English and metric (SI) units, the English units apply and are the specification requirement. Title Paoes Index of Pages 1 Notice to Bidders 2 Commencement and Completion of Work 3 Statement Concerning Use of Brand and Manufacturers' Names in the Specs 4 Work to be Complete by the City of Fort Collins 5 Revision of Section 201—Clearing and Grubbing 6 Revision of Section 202—Removal of Structures and Obstructions 7 Revision of Section 203—Excavation and Embankment 8 Revision of Section 206—Excavation and Backfill for Structures 9 Revision of Section 207—Topsoil 10 Revision of Section 212—Seeding, Fertilizer, and Sodding 11 Revision of Section 213—Mulching 12 Revision of Section 304—Aggregate Base Course 13 Revision of Section 501—Steel Sheet Piling 14 Revision of Section 503—Drilled Caissons 15 Revision of Section 512—Bearing Device 16 Revision of Section 601—Structural Concrete 17 Revision of Section 603—Culverts and Sewers 18 Revision of Section 604—Manholes, Inlets and Meter Vaults 19 Revision of Section 605—Subsurface Drains 20 Revision of Section 606—Guardrail 21 Revision of Section 608—Sidewalks and Bikeways 22 Revision of Section 609—Curb and Gutter 23 Revision of Section 618—Pre-Stressed Concrete 24 Revision of Section 630—Construction Zone Traffic Control 25 Traffic Control Plan —General 26 Utilities 27 NOTICE TO BIDDERS It is recommended that bidders on this project review the work site and plan details with an authorized City representative. Prospective bidders shall contact one of the following listed authorized City representatives at least 12 hours in advance of the time they wish to review the project. Project Manager: John N. Lang, P.E. Phone: (970) 221-6583 Engineering Department Fax: (970) 221-6378 City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Project Engineer: Marc E. Anderson, P.E. Phone: (970) 221-6605 Engineering Department Fax: (970) 221-6378 City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 The above referenced individuals are the only representatives of the City with authority to provide any information, clarification or interpretation regarding the plans, specifications, and any other contract documents or requirements. Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado, representative. 2 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 14th day following the date of award unless such time for beginning the work is changed by the City in the "Notice to Proceed". Substantial Completion is defined as the completion of all work 120 days from the date on the "Notice to Proceed". 3 STATEMENT CONCERNING USE OF BRAND NAMES AND MANUFACTURERS' NAMES IN THE SPECIFICATIONS Several sections of the specifications may, on occasion, refer to special brand names or manufacturers' names when describing certain products as requirements for construction of the project. Whenever brand names or manufacturers' names are specified, they are called out only for the purpose of indicating at least one product that meets the requirements of the project. There may be other products that also meet the requirements that the Contractor will be allowed to present to the Project Engineer for approval. The use of brand names or manufacturers' names in these specifications does not in any way preclude the Contractor from using other brands or manufacturer's products that, in the opinion of the Project Engineer, also meet the requirements. In the event that a specified item is unavailable due to discontinuance or replacement by the manufacturer, the Contractor shall provide an alternate item that meets or exceeds the intended function and quality. Alternatives shall be approved by the Project Engineer. 4 WORK TO BE COMPLETED BY THE CITY The City of Fort Collins will provide the following work items for the project: Construction Surveying Asphalt Pavement Materials and Installation Pavement Striping Quality Acceptance Testing Removal and Reset of Signs REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: METHOD OF MEASUREMENT Subsection 201.03 shall include the following: Measurement will be on a Lump Sum Basis. BASIS OF PAYMENT Subsection 201.04 shall include the following: Payment will be made under: Pay Item Pay Unit Clearing and Grubbing Lump Sum REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for this project as follows: CONSTRUCTION REQUIREMENTS In Subsection 202.02, General, delete the seventh paragraph and replace with the following: The removed asphalt pavement mat shall become the property of the City of Fort Collins and be disposed of by the contractor at the City's recycled materials yard on Hoffman Mill Road. BASIS OF PAYMENT Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Structure Lump Sum Removal of Sidewalk Square Yard Removal of Curb and Gutter Linear Foot Removal of Inlet Box Each Removal of Manhole Each Removal of Sanitary Sewer Pipe Linear Foot Removal of Storm Sewer Pipe Linear Foot Removal of Fence Linear Foot Removal of Asphalt Mat Square Yard 7 SECTION 00020 INVITATION TO BID REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION In Subsection 203.03, Embankment, add the following: Embankment imported for the project shall have a minimum R value of 20. CONSTRUCTION REQUIREMENTS In Subsection 203.07, Construction of Embankment and Treatment of Cut Areas with Moisture and Density Control, add the following: Embankment shall be placed with moisture and density control. The density of the embankment material shall be as determined by AASHTO T-99. Moisture control shall be within + 2% of optimum moisture content, BASIS OF PAYMENT Subsection 203.13 shall include the following: Payment will be made under: Pay Item Pay Unit Unclassified Excavation Cubic Yana Embankment Material (CIP) Cubic Yard REVISION OF SECTION 206 EXCAVATION AND BACKFILL FOR STRUCTURES Section 206 of the Standard Specifications is hereby revised for this project as follows: BASIS OF PAYMENT Subsection 206.07 shall include the following: Payment will be made under: Pay Item Pay Unit Structure Excavation Cubic Yard Structure Backfill (Class 1) Cubic Yard REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project as follows: METHOD OF MEASUREMENT Delete Subsection 207.04 and replace with the following: Topsoil material shall be secured from an off -site source as approved by the City and placed within the project area. Topsoil shall be placed at a 4 inch depth. BASIS OF PAYMENT Subsection 207.05 shall include the following: Payment will be made under: Pay Item Pay Unit Topsoil Cubic Yard 10 REVISION OF SECTION 212 SEEDING, FERTILIZER, AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows: MATERIALS Subsection 212.02(a), Seed, shall include: Seeding (Native) Mix: Seed types and the amount of Pure Live Seed (PLS) required per acre for site shall be in accordance with the following: "General" Upland Native Seed Mix 8/12/02 Species % of Mix Lbs PLS/Acre Western Wheat 25 5.0 Side Oats Grama 20 2.5 Blue Grama 20 1.0 Buffalo Grass 20 8.0 ..Sandberg Bluegrass 7.5 1.0 Sand Dro seed 7.5 0.1 Totals 100 17.6 Lbs PLS/Acre = Pounds of Pure Live Seed per Acre 11 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: BASIS OF PAYMENT Subsection 213.05 shall include the following: Payment will be made under: Pay Item Mulching (hydraulic) Pay Unit Acre 12 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: METHOD OF MEASUREMENT In Subsection 304.07, delete the section and add the following: Aggregate base course will be measured by the cubic yard compacted in place. BASIS OF PAYMENT Subsection 304.08 shall include the following: Payment will be made under: Pay Item Pay Unit Aggregate Base Course (Class 6) Cubic Yard 13 REVISION OF SECTION 501 STEEL SHEET PILING Section 501 of the Standard Specifications is hereby revised for this project as follows: BASIS OF PAYMENT Subsection 501.06 shall include the following: Payment will be made under: Pay Item Pay Unit Steel Sheet Piling (Type 2) Square Foot 14 REVISION OF SECTION 503 DRILLED CAISSONS Section 503 of the Standard Specifications is hereby revised for this project as follows: BASIS OF PAYMENT Subsection 503.09 shall include the following: Payment will be made under: Pay Item Pay Unit Drilled Caisson (24 inch) Linear Foot 15 REVISION OF SECTION 512 BEARING DEVICE Section 512 of the Standard Specifications is hereby revised for this project as follows: MATERIALS Subsection 512.02 shall include the following: The bearing device shall be a Type 1, plain bearing. METHOD OF MEASUREMENT Subsection 512.18 shall include the following: This item will not be measured for payment and will be considered subsidiary to Item 618, Pre -stressed Concrete Slab. BASIS OF PAYMENT This item will not be paid for under this section and will be considered subsidiary to Item 618, Pre -stressed Concrete Slab. IC8 REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: BASIS OF PAYMENT Subsection 601.19 shall include the following: Payment will be made under: Pay Item Pay Unit Concrete, Class B (Bridge) Cubic Yard Concrete, Class D (Bridge) Cubic Yard Class 5 Finish Square Foot 17 SECTION 00020 INVITATION TO BID Date: August 16, 2002 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on September 10, 2002, for the TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; Bid No. 5730. If delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the demolition of an existing bridge and the construction of a new bridge with concrete railing. The work also includes the reconstruction of a segment of sanitary sewer line and manhole, the reconstruction of a storm water line and inlet, sidewalk, curb and gutter, curb ramps, temporary curb and construction traffic control. Asphalt pavement installation and construction surveying will be provided by others. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available August 19, 2002. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd floor, Fort Collins, Colorado, 80521 upon payment of a refundable fee of Fifty Dollars ($50.00) 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. CMD 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 August 26, 2002, at 281 North College Avenue, Fort Collins, in Conference rooms B and C. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by section 2.3 of General Conditions. Substantial Completion of the Work is required as 07/2001 Section 00020 Page 1 REVISION OF SECTION 603 CULVERTS AND SEWERS Section 603 of the Standard Specifications is hereby revised for this project as follows: MATERIALS Section 603.02 of the Standard Specifications is hereby revised for this Project to read as follows: Sanitary sewer pipe shall be ductile iron gravity sewer pipe meeting ASTM A746 requirements. The sanitary sewer ductile iron pipe sleeve shall meet ASTM A716 requirements. BASIS OF PAYMENT Subsection 603.12 shall include the following: Pay Item Pay Unit 12-inch Reinforced Concrete Pipe, Class III Linear Foot 8-inch Ductile Iron Pipe w/ 20-inch Ductile Iron Sleeve Linear Foot 18 REVISION OF SECTION 604 MANHOLES, INLETS AND METER VAULTS Section 604 of the Standard Specifications is hereby revised for this project to include the following: METHOD OF MEASUREMENT The following shall be added to Section 604.06: All modifications necessary to the manhole and drop structure north of the bridge to install a new sanitary sewer line, including fittings, will not be paid for separately and will be subsidiary to Item 603, 8" Ductile Iron Pipe. BASIS OF PAYMENT Subsection 604.07 shall include the following: Pay Item Pay Unit Manhole 48 inch (5 ft) Each Inlet, Type R (L = 5 ft) (H = 5ft) Each 19 REVISION OF SECTION 605 SUBSURFACE DRAINS Section 605 of the Standard Specifications is hereby revised for this project as follows: METHOD OF MEASUREMENT Subsection 605.07 is revised as follows: Geo-composite drainage mat will not be measured separately and will be subsidiary to Item 601, Structural Concrete, Class B (bridge). BASIS OF PAYMENT Subsection 605.08 is revised as follows: Geo-composite drainage mat will not be paid for separately and will be subsidiary to Item 601, Structural Concrete, Class B (bridge). 20 REVISION OF SECTION 606 GUARDRAIL Section 606 is hereby added to the Standard Specifications for this project as follows: MATERIALS Subsection 606.02 shall include: The bridge rail is a reinforced concrete structure on each side of the new bridge as shown on the plans. Concrete used in the bridge rail shall be Structural Concrete, Class D (Bridge). The impact attenuator shall be a React 350 Impact Attenuator or approved equal. Subsection 606.06 shall include: Pay Item BASIS OF PAYMENT Pay Unit Bridge Rail LF React 350 Impact Attenuator EA 21 REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications are hereby revised for this project as follows: METHOD OF MEASUREMENT Subsection 608.05 is revised as follows: Bed course material for sidewalks and ramps will not be paid for separately and will be subsidiary to this item. BASIS OF PAYMENT Subsection 608.06 is revised as follows: Bed course material for sidewalks and ramps will not be paid for separately and will be subsidiary to this item. Pay Item Pay Unit Concrete Sidewalk (6 inch) Square Yard Concrete Curb Ramp (6 inch) (Mod) Square Yard 22 REVISION OF SECTION 609 CURB AND GUTTER Section 609 of the Standard Specifications are hereby revised for this project as follows: METHOD OF MEASUREMENT Subsection 609.06 is revised as follows: Bed course material for curb and gutter will not be paid for separately and will be subsidiary to this item. BASIS OF PAYMENT Subsection 609.07 is revised as follows: Bed course material for curb and gutter will not be paid for separately and will be subsidiary to this item. Pay Item Pay Unit Curb and Gutter, Type 2 (Section 1113) Linear Foot Curb, Type 4 (Section B, Mod) Linear Foot 23 REVISION OF SECTION 618 PRE -STRESSED CONCRETE Section 618 of the Standard Specifications are hereby revised for this project as follows: METHOD OF MEASUREMENT Subsection 618.16 is revised as follows: Pre -stressed units will be measured in square feet regardless of slab thickness. BASIS OF PAYMENT Subsection 618.17 is revised as follows: Pay Item Pay Unit Pre -stressed Concrete Slab (Depth 6" —13") Square Foot 24 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: MEASUREMENT Subsection 630.14 shall be revised as follows: Traffic control devices, barriers, barricades, Traffic Control Supervisor, Traffic Control Inspection, and flagging will not be measured separately, but will be paid for on a lump sum basis. Payment for construction zone traffic control will be for full compensation for all work and materials required to prepare the traffic control plan, implement construction zone traffic control measures, and remove traffic control devices. BASIS OF PAYMENT Subsection 630.15 shall be revised as follows: Pay Item Pay Unit Construction Zone Traffic Control Lump Sum 25 TRAFFIC CONTROL PLAN —GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in Subsection 630.08. Traffic control plans must be approved by the City prior to traffic control setup. Proposed plans shall be submitted to the City for approval a minimum of seven days prior to proposed traffic control setup. The components of the TCP for this project are included in the following: Subsection 104.04 and Section 630 of the specifications. 2. Standard Plan 5-630-1, Traffic Controls for Highway Construction, Cases ll, III, X, XI, and Standard Plan S-630-2. Special Traffic Control Plan requirements for this project are as follows: During the construction of this project, traffic shall use the present traveled roadway. 2. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. 3. Prior to starting construction, the Contractor shall notify the Project Engineer of the date the Contractor intends to start construction. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. 26 UTILITIES The known Owners of utilities within the project area are: Qwest Telephone Public Service Co. of Colorado/Gas City of Fort Collins/Electric City of Fort Collins/Water City of Fort Collins/Sanitary Sewer City of Fort Collins/Drainage Bart Garner Ward Scharmer Doug Martine (970) 377-6477 (970) 225-7840 (970) 224-6152 Roger Buffington (970) 221-6854 Roger Buffington (970) 221-6854 Basil Hamden (970) 224-6035 The work described in these plans and specifications may require coordination between the Contractor and the utility companies in accordance with Subsection 105.06 in conducting their respective operations as necessary. The work listed below will be performed by the utility owners or their agents: Qwest Telephone will move or adjust telecommunication lines as needed to clear construction activity. Public Service Co. of Colorado will move or adjust gas lines as needed to clear construction activity. The City of Fort Collins will move or adjust electric lines as needed to clear construction activity. The City of Fort Collins will move or adjust water lines as needed to clear construction activity. GENERAL: The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days prior to commencing such operations. Contract the Utility Notification Center of Colorado (UNCC) to have locations of UNCC registered lines marked by member companies. Calls originating within the Denver metro area use phone no. 534-6700; calls originating outside the Denver metro area use 1-800-922-1987. All other underground facilities shall be located by contacting the respective company. 27 specified in the Agreement The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. — No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. _ The OWNER reserves the right to reject any and all Bids, and to waive any _ informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority — concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of _ monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins M' By ®N es B. O'Neill, II, CPPO, FNI P urchasing/Risk Management Director 07/2001 Section,00020 Page 2 .-i GEOTECHNICAL ENGINEERING REPORT PROPOSED BRIDGE REPLACEMENT TAFT HILL BRIDGE OVER NEW MERCER DITCH TAFT HILL ROAD AND LAPORTE AVENUE FORT COLLINS, COLORADO TERRACON PROJECT NO.20025107 JULY 9, 2002 Prepared for. LONCO, INC. CONSULTING ENGINEERS 1700 BROADWAY-SUITE 800 DENVER, COLORADO 80290 ATTN: MR. STEVE BANKS Prepared by. Terracon 301 North Howes Street Fort Collins, Colorado 80521 1rerraco July 9, 2002 Lonco, Inc. Consulting Engineers 1700 Broadway - Suite 800 Denver, Colorado 80290 Attn: Mr. Steve Banks Re: Geotechnical Engineering Report Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Fort Collins, Colorado Terracon Project No. 20025107 Irerracon 301 N. Howes • P.O. Box 503 Fort Collins, Colorado 80521-0503 -- (970) 484-0359 Fax: (970) 484.0454 Terracon has completed a geotechnical engineering exploration for the proposed bridge — replacement on Taft Hill Road over the New Mercer Ditch located south of the intersection with LaPorte Avenue in Fort Collins, Colorado. This study was performed in general accordance with our proposal number D2002192 dated May 16, 2002. The results of our engineering study, including the boring location diagram, laboratory test results, test boring records, and the geotechnical recommendations needed to aid in the design and construction of foundations and other earth connected phases of this project are attached. The subsurface soils at the site consisted of sandy lean clay to approximate depths of 5-1/2 to 8-feet below existing site grades. Underlying the sandy lean clay was silty clayey sand, silty sand with gravel and poorly graded gravel with silt and sand which extended to the bedrock below. Siltstone/claystone bedrock was encountered at approximate depths of 22 to 26-1/2 feet below existing site grades and extended to the depths explored, approximately 34-Peet. Groundwater was encountered at approximate depths of 10-feet below existing site grades during initial drilling operations. — Based on the geotechnical engineering analyses, subsurface exploration and laboratory ter results, we recommend that the proposed bridge be supported by either conventional -type -� spread footings or a straight shaft drilled pier/caisson foundation system. other design and construction recommendations, based upon geotechnical conditions, are presented in the report. Arizona ■ Arkansas ■ California ■ Colorado ■ Georgia ■ Idaho ■ Illinois ■ Iowa ■ Kansas ■ Kentucky ■ Minnesota III Missouri Montane ■ Nebraska Nevada ■ New Mexico III Oklahoma ■ Tennessee ■ Texas ■ Utah ■ Wisconsin ■ Wyoming Consulting Engineers & Scientists Since 1965 �+ www.terracon.com Geotechnical Engineering Report Terracon Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 We appreciate being of service to you in the geotechnical engineering phase of this project, and are prepared to assist you during the construction phases as well. If you have any questions concerning this report or any of our testing, inspection, design and consulting services, please do not hesitate to contact us. Sincerely, TERRACON J �. ma Rl�r�'✓ ,. + m 1 Daniel R. Lambe , E.I.T. David A. Rik h9 P.E Geotechnical%Engineer Geotechnical Engineer/Department Manager Copies to: / (4) Addressee `^ (1) City of Fort Collins: Mr. Marc Anderson TABLE OF CONTENTS Page No. _ Letterof Transmittal.......................................................................................................................... i INTRODUCTION.............................................................................................................................1 PROPOSEDCONSTRUCTION..........................................................................................I...........1 SITEEXPLORATION......................................................................................................................2 FieldExploration....................................................................................................................2 LaboratoryTesting.................................................................................................................3 _ SITECONDITIONS.........................................................................................................................3 SUBSURFACECONDITIONS........................................................................................................4 Geology..................................................................................................................................4 — Soiland Bedrock Conditions.................................................................................................4 Field and Laboratory Test Results........................................................................................4 GroundwaterConditions........................................................................................................5 ENGINEERING ANALYSES AND RECOMMENDATIONS...........................................................5 GeotechnicalConsiderations.................................................................................................b �. Foundation Systems - Spread Footings...............................................................................5 Foundation Systems - Drilled Piers/Caissons......................................................................6 — LateralEarth Pressures.........................................................................................................8 AbutmentWall Drainage.......................................................................................................9 SeismicConsiderations.......................................................................................................10 Earthwork.............................................................................................................................10 GeneralConsiderations.............................................................................................10 SitePreparation.........................................................................................................10 Fill Materials and Placement.....................................................................................11 Excavation and Trench Construction........................................................................12 — Additional Design and Construction Considerations...........................................................13 CorrosionProtection..................................................................................................13 — GENERALCOMMENTS...............................................................................................................13 APPENDIX A Site Diagram -' Logs of Borings ^ APPENDIX B Laboratory Test Results APPENDIX C General Notes ..r GEOTECHNICAL ENGINEERING REPORT PROPOSED BRIDGE REPLACEMENT TAFT HILL BRIDGE OVER NEW MERCER DITCH TAFT HILL ROAD AND LAPORTE AVENUE FORT COLLINS, COLORADO TERRACON PROJECT NO.20025107 JULY 9, 2002 INTRODUCTION This report contains the results of our geotechnical engineering exploration for the proposed bridge replacement on Taft Hill Road over the New Mercer Ditch south of LaPorte Avenue in Fort Collins, Colorado. The site is located in the Southeast % of Section 9 and the Northwest''/6 of Section 10, Township 7 North, Range 69 West of the 6th Principal Meridian. The purpose of these services is to provide information and geotechnical engineering recommendations relative to: • subsurface soil and bedrock conditions • groundwater conditions • foundation design and construction • lateral earth pressures • earthwork • drainage The recommendations contained in this report are based upon the results of field and laboratory testing, engineering analyses, and experience with similar soil conditions, structures and our understanding of the proposed project. PROPOSED CONSTRUCTION Based on information provided by Lonco Inc., the existing bridge is to be removed and replaced with a new superstructure having a voided concrete slab structure consisting of pre- cast, pre -stressed concrete double tee's with conventional concrete abutments. It is Geotechnical Engineering Report Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 Terracon assumed the bridge will have a dead load reaction of approximately 2 to 4 kips and a live load _ reaction of approximately 3 to 5 kips and could be supported by either conventional type spread footings bearing upon. native, undisturbed granular soils or imported structural engineered fill material. An alternative to spread footings would be to support the new structure on a straight shaft drilled pier/caisson foundation system. SITE EXPLORATION The scope of the services performed for this project included a site reconnaissance by a geotechnical engineer, a subsurface exploration program, laboratory testing and engineering analyses. Field Exploration A total of two test borings were drilled on June 21, 2002. The borings were drilled to approximate depths of 34-feet at the locations shown on the Site Plan, Figure 1. One test boring was drilled adjacent to the new bridge location on private property west of Taft Hill Road and the other test boring was drilled In the north -bound lane of Taft Hill Road south of the existing bridge structure. The borings were drilled at each of the abutments for the proposed bridge. The borings were advanced with a truck -mounted drilling rig, utilizing 4-inch diameter solid stem augers. -' r The borings were located in the field by pacing from existing site features. The accuracy of boring locations should only be assumed to the level implied by the methods used to determine each. Continuous lithologic logs of each boring were recorded by the geotechnical engineer during the drilling operations. At selected intervals, samples of the subsurface materials were taken by means of pushing thin -walled Shelby tubes, or by driving split -spoon samplers. -, Penetration resistance measurements were obtained by driving the split -spoon into the subsurface materials with a 140-pound hammer falling 30 inches. The penetration resistance value is a useful index in estimating the consistency, relative density or hardness of the materials encountered. 2 Geotechnical Engineering Report Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 Terracon Groundwater conditions were evaluated in each boring at the time of site exploration. A follow up groundwater measurement was obtained for Test Boring No. 1 on June 27, 2002. However, Test Boring No. 2 was backfilled upon completion of our drilling operations. Laboratory Testing All samples retrieved during the field exploration were returned to the laboratory for observation by the project geotechnical engineer and were classified in accordance with the Unified Soil Classification System described in Appendix C. Samples of bedrock were classified in accordance with the general notes for Bedrock Classification. At that time, the field descriptions were confirmed or modified as necessary and an applicable laboratory testing program was formulated to determine engineering properties of the subsurface materials. Boring logs were prepared and are presented in Appendix A. Laboratory tests were conducted on selected soil samples and are presented in Appendix B. The test results were used for the geotechnical engineering analyses, and the development of foundation and earthwork recommendations. All laboratory tests were performed in general accordance with the applicable ASTM, local or other accepted standards. Selected soil and bedrock samples were tested for the following engineering properties: • Water Content • Dry Density • Swell -Consolidation SITE CONDITIONS • Grain Size Distribution • Unconfined Strength • Water Soluble Sulfate Content The existing bridge is located south of the intersection of Taft Hill Road and LaPorte Avenue in Fort Collins, Colorado. The new structure is to replace the existing structure which currently spans the New Mercer Ditch. West of the site is a tract of undeveloped land and east of the site is the Grandview Cemetery. The area is currently covered with various landscaping and paving materials. The majority of the site drains north and east via the storm gutter system. 3 Geotechnical Engineering Report Terracon Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 SUBSURFACE CONDITIONS Geology The proposed area is located within the Colorado Piedmont section of the Great Plains physiographic province. The Colorado Piedmont, formed during Late Tertiary and Early quaternary time (approximately 2,000,000 years ago), is a broad, erosional trench which — separates the Southern Rocky Mountains from the High Plains. Structurally, the site lies along the western flank of the Denver Basin. During the Late Mesozoic and Early Cenozoic Periods (approximately 70,000,000 years ago), intense tectonic activity occurred, causing the uplifting of the Front Range and associated downwarping of the Denver Basin to the east. Relatively flat — uplands and broad valleys characterize the present-day topography of the Colorado Piedmont — in this region. The site is underlain by the Cretaceous Pierre Formation. The Pierre Shale underlies the site at depths of 22 to 26-1/2 feet and is overlain by alluvial sands and clays of Pleistocene and/or Recent Age. — Mapping completed by the Colorado Geological Survey (Hart, 1972), indicates the site in an area of "Low Swell Potential". Potentially expansive materials mapped in this area include bedrock, weathered bedrock and colluvium (surricial units). — Soil and Bedrock Conditions The site is predominantly overlain by asphalt pavement. Underlying the asphalt and base — course material in Test Boring No. 2 and extending to an approximate depth of 2-feet is silty sand with gravel fill material. Underlying the fill material in Test Boring No. 2 and the topsoil in Test Boring No. 1 is the native sandy lean clay which extends to the native granular soils extending to the bedrock below. Siltstone/claystone bedrock was encountered at approximate depths of 22 to 26-1/2 feet below existing site grades and extended to the depths explored, approximately 34-feet. — Field and Laboratory Test Results Field and laboratory test results indicate that native clay subsoils are medium stiff to stiff in consistency, exhibit low swell potential and low bearing characteristics. The native granular 'Hart, Stephen S., 1972, Potentially Swelling Soil and Rock In the Front Range Urban Corridor, Colorado, Colorado Geological Survey, Environmental Geology No. 7. 13 Geotechnical Engineering Report Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 Terracon soils are loose to medium dense in relative density, exhibit low swell potential and low to moderate bearing characteristics. The bedrock stratum exhibits high bearing characteristics and moderate swell potential. Groundwater Conditions Groundwater was encountered at approximate depths of 9-1/2 to 10-feet during initial drilling operations and/or when checked on June 27, 2002 in Test Boring No. 1. These observations represent groundwater conditions at the time of the field exploration, and may not be indicative of other times, or at other locations. Groundwater levels can be expected to fluctuate with varying seasonal and weather conditions and the volume of flow in the New Mercer Ditch. ENGINEERING ANALYSES AND RECOMMENDATIONS Geotechnical Considerations The following foundation systems were evaluated for use on the site: • conventional -type spread footings bearing on native, undisturbed granular soils and/or engineered structural fill material • straight shaft drilled piers/caissons Design and construction recommendations for foundation systems and other earth connected phases of the project are outlined below. Foundation Systems —Spread Footings If spread footings are to be utilized, it is recommended the foundation system be placed on native, undisturbed granular soils and/or engineered structural fill material. The footings may be designed for a net allowable bearing pressure of 1,500 psf. The design bearing pressure applies to dead loads plus design live load conditions. Exterior footings should be placed a minimum of 30 inches below finished grade for frost protection and the minimum depths required for scour and to provide confinement for the bearing soils. Finished grade is the lowest adjacent grade for perimeter footings. 5 Geotechnical Engineering Report Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 Terracon Total settlement resulting from the assumed structural loads is estimated to be on the order of — 1-inch or less. Differential settlement should be on the order of 112 to 3/4 of the estimated total settlement. For foundations adjacent to slopes, a minimum horizontal setback of five (5) feet should be ^ maintained between the foundation base and slope face. in addition, the setback should be at a location where an imaginary line extending downward at 45 degrees from the nearest edge of the foundation does not intersect the slope face. _ Foundation excavations should be observed by the geotechnical engineer. If the soil conditions encountered differ significantly from those presented in this report, supplemental recommendations will be required. Foundation Systems —Drilled Piers/Caissons Terracon is providing the following foundation system as an alternative depending upon the design complexity of the project as requested by Lonco, Inc. A drilled pier/caisson foundation system may " also be used to support the proposed bridge extension. Straight shaft piers, with a minimum shaft length of 20-feet and drilled a minimum of 7 feet into competent or hard sandstone/siltstone bedrock are recommended. For axial compression loads, piers may be designed for a maximum end -bearing pressure of 35,000 pounds per square foot (psi), and a skin friction of 3,500 psf for the portion of the pier in the competent bedrock stratum. — A minimum practical horizontal spacing between piers of at least three (3) diameters should be maintained, and adjacent piers should bear at about the same elevation. Piers should be considered to work in-group action if the horizontal spacing is less than three pier diameters. The capacity of individual piers may need to be reduced when considering the effects of group action. Capacity reduction is a function of pier spacing and the number of piers within a group. If group action — analyses are necessary, capacity reduction factors can be provided. All piers require sufficient dead load and/or additional penetration into the bearing strata to resist potential uplift of the expansive materials. To satisfy forces in the horizontal direction, for a pier diameter of 12 inches, piers may be designed for lateral loads using a modulus of 100 tons per square foot for the portion of the pier in the 0 SECTION 00100 INSTRUCTIONS TO BIDDERS Geotechnical Engineering Report Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 Terracon overburden clay soils and/or engineered fill, and 300 TSF in bedrock. The coefficient of subgrade reaction for varying pier diameters is as follows: 'Coefficientof Sub grade.Reactiori(toraslft'} er P1er Diameter (inches) q'. �. EngIneere&FJll or Stiff, 18 67 200 24 50 150 36 33 100 42 29 86 48 25 75 The soil modulus and coefficient of subgrade reaction are ultimate values; therefore, appropriate factors of safety should be applied in the pier design. When the lateral capacity of drilled piers is evaluated by the L-Pile (COM 624) computer program, we recommend that intemally generated load -deformation (P-Y) curves be used. The following parameters may be used for the design of laterally loaded piers, using the L-Pile (COM 624) computer program: Parameters l:ompacted - Structurat FlII Existing On -Site. Granular Soils Existing On -Site Cta Soils. Bedrock , Unit Weight of Soil (PCF) 130 115111 1100) 650) Cohesion (psf) 0 0 1500 5000 Angle of Internal Friction 35 30 20 0 0 (degrees) Strain Corresponding to''/2 -- — 0.02 0.015 Max. Principal Stress Difference eeo `Notes: 1) Use of 65 PCF below the water table All piers should be reinforced full depth for the applied axial, lateral and uplift stresses imposed. The amount of reinforcing steel for expansion should be determined by the tensile force created by the 7 Geotechnical Engineering Report Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 Terracon uplift force on each pier, with allowance for dead load. Minimum reinforcement of at least one-half — percent of the cross -sectional area of each pier should be specified. To reduce potential uplift forces on piers, use of long grade beam spans to increase individual pier _ loading is recommended. For this project, a minimum pier diameter of 18-inches is recommended. Drilling to design depths should be possible with conventional single flight power augers. Groundwater conditions indicate that temporary steel casing will be required to properly drill and clean piers prior to concrete placement. Groundwater should be removed from each pier hole prior to concrete placement. Pier concrete should be placed immediately after completion of drilling and — cleaning. If pier concrete cannot be placed in less than 3 inches of water, a tremie should be used r for concrete placement to a maximum of 6 inches of water. Due to potential sloughing and raveling, foundation concrete quantities may exceed calculated geometric volumes. Casing should be withdrawn in a slow continuous manner maintaining a sufficient head of concrete to prevent infiltration of water or the creation of voids in pier concrete. Pier concrete should have a ^ relatively high fluidity when placed in cased pier holes or through a tremie. Pier concrete with a slump in the range of 5 to 8 inches is recommended. Free -fall concrete placement in piers will only be acceptable if provisions are taken to avoid striking the concrete on the sides of the hole or reinforcing steel. The use of a bottom -dump hopper, or tremie discharging near the bottom of the hole where concrete segregation will be minimized, is — recommended. -' To provide increased resistance to potential uplift forces, the sides of each pier should be — mechanically roughened in the bearing strata. This should be accomplished by a roughening tooth -- placed on the auger. Pier bearing surfaces must be cleaned prior to concrete placement. — A representative of the geotechnical engineer should inspect the bearing surface and pier -- configuration and the foundation excavations. If the soil conditions encountered differ significantly from those presented in this report, supplemental recommendations will be required. Lateral Earth Pressures For soils above any free water surface, recommended equivalent fluid pressures for unrestrained foundafion elements are: — 9 Geotechnical Engineering Report Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 Terracon • Active: Cohesive soil backfill (on -site clay).........................................45 psf/ft Cohesionless soil backfill (on -site sands)...............................35 psf/ft On -site bedrock materials .......................... not recommended for use • Passive: Cohesive soil backfill (on -site clay) ....................................... 225 psf/ft Cohesionless soil backfill (on -site sands).............................320 psf/ft Undisturbed soils or bedrock................................................300 psf/ft • Adhesion at base of footing (for cohesive soils) ......................500 psf • Coefficient of base friction — net allowable...................................0.35 Where the design includes restrained elements, the following equivalent fluid pressures are recommended: • At rest: Cohesive soil backfill (on -site clay).........................................60 psf/ft Cohesionless soil backfill (on -site sands)...............................50 psf/ft On -site bedrock materials .......................... not recommended for use The lateral earth pressures herein do not include any factor of safety and are not applicable for submerged soils/hydrostatic loading, in addition, hydrostatic pressures below groundwater should be taken into account during the design of abutment walls. Fill against grade beams and retaining walls should be compacted to densities specified in Earthwork. High plasticity clay soils or expansive bedrock should not be used as backfill against abutment walls. Compaction of each lift adjacent to walls should be accomplished with hand -operated tampers or other lightweight compactors. Overcompaction may cause excessive lateral earth pressures which could result in wall movement. Abutment Wall Drainage To reduce hydrostatic loading on abutment walls, a subsurface drain system should be, placed behind the wall. The drain system should consist of free -draining granular soils containing less Geotechnical Engineering Report Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 Terracon than five percent fines (by weight) passing a No. 200 sieve placed adjacent to the wall. The free -draining granular material should be graded to prevent the intrusion of fines or encapsulated in a suitable filter fabric. A drainage system consisting of either weep holes or perforated drain lines (placed near the base of the wall) should be used to intercept and discharge water which would tend to saturate the backfill. Where used, drain lines should be embedded in a uniformly graded filter material and provided with adequate clean -outs for periodic maintenance. An impervious soil should be used in the upper layer of backfill to reduce the potential for water infiltration. As an alternative, a prefabricated drainage structure, such as geocomposite, may be used as a substitute for the granular backfill adjacent to the wall. Seismic Considerations The project site is located in Seismic Risk Zone I of the Seismic Zone Map of the United States as indicated by the 1997 Uniform Building Code. Based upon the nature of the subsurface . materials, a soil profile type Sc should be used for the design of structures for the proposed project (1997 Uniform Building Code, Table No. 16-J). Earthwork General Considerations The following presents recommendations for site preparation, excavation, subgrade preparation and placement of engineered fills on the project. All earthwork on the project should be observed and evaluated by Terracon. The _ evaluation of earthwork should include observation and testing of engineered fill, subgrade preparation, foundation bearing soils, and other geotechnical conditions _ exposed during the construction of the project. Site Preparation Strip and remove existing vegetation, debris, and other deleterious materials from _ proposed structure and pavement areas. All exposed surfaces should be free of mounds and depressions which could prevent uniform compaction. 10 Geotechnical Engineering Report Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 Terracon Stripped materials consisting of vegetation and organic materials should be wasted from the site, or used to revegetate landscaped areas or exposed slopes after completion of grading operations. If fill is placed in areas of the site where existing slopes are steeper than 3:1 (horizontal:vertical), the area should be benched to reduce the potential for slippage between existing slopes and fills. Benches should be wide enough to accommodate compaction and earth moving equipment, and to allow placement of horizontal lifts of fill. All exposed areas which will receive fill, once properly cleared and benched where necessary, should be scarified to a minimum depth of eight inches, conditioned to near optimum moisture content, and compacted. It is anticipated that excavations for the proposed construction in the upper subsoils can be accomplished with conventional earthmoving equipment. Depending upon depth of excavation and seasonal conditions, groundwater may be encountered in excavations on the site. Pumping from sumps may be utilized to control water within excavations. It is suggested construction be done at a time of year when flows in the New Mercer Ditch are low. This may help reduce the amount of dewatering required. • Fill Materials and Placement Clean on -site soils or approved imported materials may be used as backfill material. On -site expansive bedrock is not recommended for use as compacted backfill behind abutment walls. Imported soils (if required) should conform to the following: Gradation Percent finer by weight (ASTM C136) 3............................................................................................................ 100 No. 4 Sieve........................................................................................30-80 No. 200 Sieve...............................................................................50 (max) 11 Geotechnical Engineering Report Terracon Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch _ Project No. 20025107 LiquidLimit.......................................................................30 (max) Plasticity Index..................................................................10 (max) - Engineered fill should be placed and compacted in horizontal lifts, using equipment and procedures that will produce recommended moisture contents and densities throughout the lift. Recommended compaction criteria for engineered fill materials are as follows: Minimum Percent Material (ASTM D6981 Scarified subgrade soils.........................................................................95 Beneath foundation (structural fill)..........................................................98 - Abutment wall backfill.............................................................................95 On -site clay soils should be compacted within a moisture content range of 2 percent below, to 2 percent above optimum. Imported granular soils should be compacted within a moisture range of 3 percent below to 3 percent above optimum unless modified by the project geotechnical engineer. Excavation and Trench Construction Excavations into the on -site soils will encounter a variety of conditions. The individual contractor(s) should be made responsible for designing and constructing stable, temporary excavations as required to maintain stability of both the excavation sides and bottom. All excavations should be sloped or shored in the interest of safety following local, and federal regulations, including current OSHA excavation and trench safety standards. The soils to be penetrated by the proposed excavations may vary significantly across the site. The preliminary soil classifications are based solely on the materis's encountered in the exploratory test borings. The contractor should verify that simile: conditions exist throughout the proposed area of excavation. If different subsurface conditions are encountered at the time of construction, the actual conditions should be 12 Geotechnical Engineering Report Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 Terracon evaluated to determine any excavation modifications necessary to maintain safe conditions. As a safety measure, it is recommended that all vehicles and soil piles be kept to a minimum lateral distance from the crest of the slope equal to no less than the slope .height. The exposed slope face should be protected against the elements. Additional Design and Construction Considerations • Corrosion Protection Results of soluble sulfate testing indicate that ASTM Type I Portland cement is suitable for all concrete on and below grade. However, if there is no, or minimal cost differential, use of ASTM Type II Portland cement is recommended for additional sulfate resistance of construction concrete. Foundation concrete should be designed in accordance with the provisions of the ACI Design Manual, Section 318, Chapter 4. GENERAL COMMENTS Terracon should be retained to review the final design plans and specifications so comments can be made regarding interpretation and implementation of our geotechnical recommendations in the design and specifications. Terracon also should be retained to provide testing and observation during excavation, grading, foundation and construction phases of the project. The analysis and recommendations presented in this report are based upon the data obtained from the borings performed at the indicated locations and from other information discussed in this report. This report does not reflect variations that may occur between borings, across the site, or due to the modifying effects of weather. The nature and extent of such variations may not become evident until during or after construction. If variations appear, we should be immediately notified so that further evaluation and supplemental recommendations can be provided. The scope of services for this project does not include either specifically or by implication any environmental assessment of the site or identification of contaminated or hazardous materials or conditions. If the owner is concerned about the potential for such contamination, other studies should be undertaken. 13 Geotechnical Engineering Report Terracon Proposed Bridge Replacement Taft Hill Road over New Mercer Ditch Project No. 20025107 This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally acceptee geotechnical engineering practices. No warranties, either express or implied, are intended, made. Site safety, excavation support, and dewatering requirements are the responsibility of others. In the event that changes in the nature, design, or location of the project as outlined in this report are planned, the conclusions and recommendations contained in this report sht. not be considered valid unless Terracon reviews the changes and either verifies or modifies the conclusions of this report in writing. 14 LAPORTE AVENUE LL F NO.2 u `+ FIGURE 1: SITE DIAGRAM I PROPOSED NEW MERCER DITCH REPLACEMENT LEGEND TAFT HILL ROAD & LAPORTE AVENUE FORT COLLINS, COLORADO ^ I APPROX. TEST BORING LOCATION PM=Mngr. DAR 11'orrocon Pm*d No. 21 D�,°� DAR � : 301 N. Howes Street CAe6id or, DAR OW: APwo�ee Sy. DAR D r sy. IDIAGRAM 15 FOR GFNDTAL LOCATION ONLY, AND IS NOT INTQIDED FOR CONSTRUCTION PURPOSES. Fort Collins' Colmedo 80521 FAa NenwK 25107FIG1 Flpee No. 1 I LOG OF BORING NO. 1 Page 1 of 1 CLIENT I ARCHITECT/ENGINEER Lonco, Inc. SITE Taft Hill Road, south of LaPorte Avenue PROJECT Fort Collins, Colorado I Proposed New Mercer Ditch Bridle Replacement DESCRIPTION SANDY LEAN CLAY Tan, brown, dry to moist, calcareous, medium stiff to stiff red, moist to wet, loose to very hard BOTTOM OF 0 e r o n -. cfUncW W ZzW Z f7 ZQz WJF R m Wh O W 0 � >a> W d� a0 0' ZF.- 7'00 O 7 Z F- C fo m 3 U O a 7 fq 3` fn co 1 SS 12 9 19.4 5 2 ST 12 18.2 105 1800 3 SS 12 27 6.4 0.0010 10 c3 The stratification lines represent the approximate boundary lines _ g between soil and rock types: in -situ, the transition may be gradual. R WATER LEVEL OBSERVATIONS, ft BORING STARTED 6-21-02 WL WL g 10.0 WD 9.5 AB 1 rerracon RIG, ING COME 55EFOREMAN 6-21 DL $ WL Water Level Checked on 6/27/2002 APPROVED DAR I JOB # 20025107 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Termsused in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub - bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of. Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit. at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-159 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 7/96 Section 00100 Page 1 LOG OF BORING NO. 2 CLIENT Page 1 of 1 ARCHITECT/ENGINEER Lonco,Inc. SITE Taft Hill Road, south of LaPorte Avenue PROJECT Fort Collins, Colorado Proposed New Mercer Ditch Bridge Replacement SAMPLES TESTS vDESCRIPTION to r a w a a = y W M > r zN 0w z z ZO O a cNi w D, O U - O wi- !- z } Ow U w z r}- it a. to03 30 o S �y BASE COARSE MATERIAL and with Gravel Y LEAN CLAY brown, dry to moist, calcareous, 1 SS 12 4 200 r12PHALTGGREGATE m stiff to stiff 5 CLAYEY SAND buff, moist to wet, loose to medium2 ST 12 205 107 1080 3 SS 126 14.5 to SILTY SAND with GRAVEL Gray, tan, red, moist to wet, loose to medium dense mi t5 4 SS 12 28 8.5 20 5 SS 12 25 7.9 25 28.5 30 27.5 WEATHERED SILTSTONEICLAYSTONE Gra olive moist modef ately hard SILTSTONEICLAYST NE Gray, olive, moist, hard to very hard 34.2 i BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. - - - WATER LEVEL OBSERVATIONS, ft BORING STARTED 6-21-02 WL � 10.0 WD � BORING COMPLETED 6-21-02 lrerraconRIG WL Y $ CME-55 FOREMAN DL WL Initial Water Level Reading APPROVED DAR JOB # 20025107 No Text APPUED PRESSURE, TSF Specimen Identification Classification Td, pcf WC,% • 2 7.QFt SILTY CLAYEY SAND 110 18 Notes: CONSOLIDATION TEST Irerracon Project: Proposed New Mercer Ditch Bridge Replacement Site: Taft Hill Road, South of LaPorte Avenue. Fort Collins, Colorado Job #: 20025107 .2 2 4 10 n APPLIED PRESSURE, TSF Specimen Identification Classification Ya, pcf WCA 2 7.Oft SILTY CLAYEY SAND 110 18 Notes: CONSOLIDATION TEST Irerracon Project: Proposed New Mercer Ditch Bridge Replacement Site: Taft Hill Road, south of LaPorte Avenue Fort Collins, Colorado Job #: 20025107 GENERAL NOTES DRILLING & SAMPLING SYMBOLS: SS: Split Spoon - 1=18" I.D., 2" O.D., unless otherwise noted HS: Hollow Stem Auger S—r. 7hin-1^:alled Tube - Z' O.D., unless othe wise noted PA: Power Aucer RS: Ring Sampl=_r-2.42" I.D., T' O.D., unless otherwise noted HA: Hand Auger DB: Diamond Bit Coring - 4% N, B RS: Rock Bit BE: Bulk Sample or Auger Sample WE: Wash Boring or Mud Rotary The number of blows required to advance a standard 2-inch O.D. split -spoon sampler (SS) the last 12 inches of the total 18-inch penetration with a 140-pound hammer failing 30 inches is considered the 'Standard Penetration' or °N-value". WATER LEVEL MEASUREMENT SYMBOLS: WL: Water Level WS: While Sampling N/E: Not Encountered WCI: Wet Cave in WD: While Drilling DCI: Dry Cave in BCR: Before Casing Removal IAS: After Boring ACR: After Casing Removal Water levels indicated on the boring logs are the levels measured in the borings at the times indicated. Groundwater levels at other times and other locations across. the site could vary. In pervious soils, the indicated levels may reflect the location of Igroundwater. In low permeability soils, the accurate determination of groundwater levels may not be possible with only short- term observations. j IDESCRIPTIVE SOIL CLASSIFICATION: Soil classification is based on the Unified Classification System. Coarse Grained Soils have more than 50% of their dry weight retained on a #200 sieve; their principal descriptors are: boulders, cobbles, gravel or sand. Fine Grained Soils have less than 50% of their dry weight retained on a #200 sieve; they are principally described as clays if they are plastic, and sills if they are slightly plastic or non -plastic. Major constituents may be added as modifiers and minor constituents may be added according to the relative proportiodii'based on grain size. In addition to gradation, coarse -grained soils are defined on the basis of their in -place relative density and -fine-grained soils on the basis of their consistency. CONSISTENCY OF FiNE-GRAINED SOILS Standard Unconfined Penetration or Compressive N value (SS) Strenoth, Qu, psf Blows/Ft. Consistency < 500 <2 Very Soft 500 — 1,000 2-3 Soft 1,001 — 2,000 4-e Medium Stiff 2,001 — 4,000 7-12 Stiff 4,001 — 8,000 13-25 Very Stiff 8,000+ 28+ Hard RELATIVE PROPORTIONS OF SAND AND GRAVEL Descriptive Term(s) of other constituents Trace With Modifier RELATIVE DENSITY OF COARSE -GRAINED SOILS Standard Penetration ar N-value iSS) Blows/Ft. 0-3 4-9 10-29 30 — 49 50+ Relative Densltv Very Loose Loose Medium Dense Dense Very Dense GRAIN S12E TERMINOLOGY Percent of Maior Cornponent Dry Weight of Sample <15 15-29 > 30 RELATIVE PROPORTIONS OF FINES Descriptive Term(s) of other Percent of constituents Dry Weight Tree < 5 With 5-12 Modifiers > 12 Particle Size Boulders Over 12 In. (300mm) Cobbles 12 in. to 3 in. (300mm to 75 mm) Gravel 3 in, to #4'sieve (75mm to 4.75 mm) Sand 94 to r200 sieve (4.75mm to Silt or Clay 0.075mm) Passing #200 Sieve (0.075mm) PLASTICITY DESCRIPTION Term Plasticity Index Non -plastic 0 Low 1-10 Medium 11-30 High 30+ UNIFIED SOIL CLASSIFICATION SYSTEM Criteria for Assigning Group Symbols and Group Names Using Laboratory Tasts' Ccarsa Grained Solis Grva_ls Clean Gavels Cu a 4 and 1 s Cc s 3e Most than 5D'A retained Mors than 50°.6 of Deane Less than 5% iinsse Cu < 4 and/or 1 > Cc > 31 fraction resinad on on No. 200 Slays No. 4 sieve Gravels wi6't Fines Mora Fines clauffy as AAL or Nil Sands 50% or more of coarse fraction passes No. 4 sieve Soil Classification Group Symbol Croup Name' GW Well-gradedgraval` GP cM than 12°A fines° Fines classify as CL or CH GC clayey grva Clean Sands Cu it 6 and 1 s Cc a 31 SW Well -graded Less than 5cA fines" Cu <6 and/or 1 > Ce> 31 SP Poorly grads Sands with Fines Fines More than 12%fines° Fines Fins -Grained Solis Silts and Clays inorganic So% or more passes the Liquid limit less than 50 No. 200 sieve organic Solis Slits and Chays. Inorganic 'Llquld limit50 or more as ML or MH CL or CH PI > 7 and plots on or above "A" liner PI <4 or plots below "A' linai Liquid limit - oven dried <0.75 Liquid limit - not dried PI plots on or above' PI lots below'A" Ifie organic Liquid limit - oven dried Liquid limit- not dried dark In color, and organic odor "Based on the material passing the 34n. (75-mm) slave ° If field sample contained cobbles or boulders, or both, add Ndth cobbles or boulders, or bath" to group name. °Gravels with 5 to 12% fines require dual symbols:- GW-GM welt -graded gravel with ell, GW-GC well -graded gravel with.clay, GP -GM poorly graded gravel with ell, GP -GC poorly graded gravel wlh.clay. "Sands with 5 to 12% fines require duel symbols: SW-SM well -graded send' with sit, SW -SC welt -graded sandvufih.oley; SP-SM poorly graded sand with silt, SP-SC poorly graded sand with clay . _ aCu = DedD10 Co = D30) DID X Dro ° If soil contains:a 15% sand, add 'with sand' to group name. sit fines classify as CL-ML, use dud symbol GC -GM, or SC-SM. so X 5o LCI 40 Q Z } 30 V 20 Q 10 7 4 0 0 10 is 20 30 40 -SO 8) 70 So 5o 100 110 LIQUID LIMIT (LL) sa.r!' SM Silty sandc•K' SC Clayey sand3'u CL Lean clayKL° ML SIItK"' OL Organic days 0 Organic sllt4A CH. FetdayKL,a MH Elastic SIItKra' Organic day'"*'/ <0.75 OH organic sitK4ac PT Peat --1 Hit fines are organic, add 'with organic fines" to group name. ' If soil contains a 15% gravel, add °with graver to group name ' If Atterberg Hmis plat In shaded area, soil is a CL-ML, silty clay. a If soil contains 15 to 29% plus No. ZOO, add "with sand" or'wlttl gravel," whichever ispredorni ant. " L If soil Contains a 30% plus No. 200 predominantly sand, add "sandy' . to group name. MY soil contains a 30% plus No. 200, predomtra* gravel, add "gravelff to group name `- NPI a 4 and plots on or above "A' Iine. °PI<4orplate below °A Ina "PI plots on or above'A" Tina -� °PI plots below "A° Ina. For classification of fine-grained J' soils and fine-grained fraction ' of coarse-grainedsoils ' VS0 Equadon of •A' - line +J/ ' +P� horizontal at P1.4 to Lra265. 121.0.73 then (LL-20) Equation of 9P -line Vertical at LL.10 to PI.7, GOZ. 0m P1.0.9 (LL-8). Ij' MHorOH — ; ' MIL OL or { ! l 1 rerrac®i +' Ferran lit—a/Le LABORATORY TESTS SIGNIFICANCE AND PURPOSE TEST SIGNIFICANCE PURPOSE California Used to evaluate the potential strength of subgrade soil, Pavement Bearing subbase, and base course material, including recycled Thickness Ratio materials for use in road and airfield pavements. Design Consolidation Used to develop an estimate of both the rate and amount of Foundation both differential and total settlement of a structure. Design 1 Direct Used to determine the consolidated drained shear strength of Bearing Capacity, Shear soil or rock. Foundation Design & Slope Stability Dry Used to determine the in -place density of natural, inorganic, Index Property Density fine-grained soils. Soil Behavior Expansion Used to measure the expansive potential of fine-grained soil Foundation & Slab and to provide a basis for swell potential classification. Design Gradation Used for the quantitative determination of the distribution of _ Soil particle sizes in soil. Classification I Liquid & Used as art integral part of engineering classification systems Soil Plastic Limit, to characterize the fine-grained fraction of soils; and to Classification Plasticity specify the fine-grained fraction of construction materials. ' Index Permeability Used•to determine the capacity of soil or rock to conduct a Groundwater liquid or gas. Flow Analysis PH Used to determine the degree of acidity or alkalinity of a soil. Corrosion Potential Resistivity Used to indicate the relative ability of a soil medium to carry Corrosion electrical currents. Potential R-Value Used to evaluate the potential strength of subgrade soil, Pavement subbase, and base course material, including recycled Thickness materials for use in road and airfield pavements. Design Soluble Used to determine the quantitative amount of soluble Corrosion Sulphate sulfates within a soil mass. Potential Unconfined To obtain the approximate compressive strength of soils that Bearing Capacity Compression possess sufficient cohesion to permit testing in the Analysis unconfined state. for Foundations iWater Used to determine the quantitative amount of water in a soil index Property Content mass. I Soil Behavior M1NM FEC4#tMI01a]it REPORT TERMINOLOGY '— (Based on ASTM D653) Expansive Potential The potential of a soil to expand (increase in volume) due to absorption of moisture. Ffnished Grade The final grade created as a part of the project. Footing A portion of the foundation of a structure that transmits loads directly to the soil. r Foundation The lower part of a structure that transmits the loads to the soil or bedrock. j Frost Depth The depth of which the ground becomes frozen during the winter season. T j Grade Beam A foundation element or wall, typically constructed of reinforced concrete, used to span between other foundation elements such as drilled piers. Groundwater Subsurface water found in the zone of saturation of soils, or within fractures in bedrock. 1 Heave Upward movement. Lithologic The characteristics which describe the composition and texture of soil and rock by observation. Native Grade The naturally occuring ground surface. Native -Soil Naturally occurring. on -site soil, sometimes referred tows natural soil. Optimum Moisture. The water content at.which a soil can.be compacted to a maximum dry unit Content weight by a given compactive effort. I-Parched Water Groundwater, usually of limited area maintained above a normal water elevation by the presence of an intervening relatively impervious continuing stratum. r IScarify To mechanically loosen soil or break down existing soil structure. 1 Settlement Downward movement. 1 Skln Fdction (Side The frictional resistance developed between soil and an element of structure such 1 Shear) as a drilled pier or shaft. Soil (earth) Sediments or other unconsolidated accumulations of solid particles produced by the physical and chemical disintegration of rocks, and which may or may not contain organic matter. Strain The change In length per unit of length in a given direction. Stress The force per unit area acting within a soil mass. Strip To remove from present location. Subbase A layer of specified material in a pavement system between the subgrade and base course. Subgrads The soil prepared and compacted to support a structure, slab or pavement system. REPORT TERMINOLOGY (Based on ASTM D653) Allowable Soil The recommended maximum contact stress developed at the intarace of the Bearing Capacity foundation element and the supporting material. IAlluvium Soil, the constituents of which have been transported in suspension by flowing water and subsequently deposited by sedimentation. I Aggregate Base A layer of specified material placed on a subgrade or subbase usually beneath slabs Course or pavements. Backfill A specified material placed and compacted in a confined area. Bedrock A natural aggregate of mineral grains connected by strong and permanent cohesive forces. Usually requires drilling, wedging, blasting or other methods of Iextraordinary force for excavation. Bench A horizontal surface in a sloped deposit. Caisson (Drilled pier A concrete foundation element cast in a circular excavation which may have an or Shaft) enlarged base. Sometimes referred to as a cast -in -place pier or drilled shaft. I Coefficient of A constant proportionality factor relating normal stress and the corresponding shear Friction stress at which sliding starts between the two surfaces. Cotluvium Soil, the constituents of which have been deposited chiefly by gravity such as at the foot of a slope. or:cliff.. Compaction The densification ota soil by means of mechanical manlpulation. IConcrete Slab -on- A concrete surface layer cast directly upon a base, subbase or subgrade, and Grade typically used as a floor system. I Differential Unequal settlement or heave between, or within foundation elements of a Movement structure. Earth Pressure The pressure or force exerted by soil on any boundary such as a foundation wall ESAL Equivalent Single Axle Load, a criteria used to convert traffic to a uniform standard, (18,000 pound axle loads). ' Engineered ,17111 Specified material placed and compacted to specified density and/or moisture conditions under observations of a representative of a geotechnical engineer. Equivalent Fluid A hypothetical fluid having a unit weight such that it will produce a pressure against a lateral support presumed to be equivalent to that produced by the actual soil. This simplified approach is valid only when deformation conditions are such I that the pressure increases linearly with depth and the wall friction is neglected. Existing Frll (or man- Materials deposited through the action of man prior to exploration of the site. made A11) I Existing Grade The ground surface at the time of field exploration. Irerracon No Text the contract or provide the services required, (2) whether the bidder can — perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the — quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial _ resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the — contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair — his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract — with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to — (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect — cost, progress or performance of the Work, (c) familiarize himself w:th federal, state and local laws, ordinances, rules and regulations that .c:y in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of — this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be — indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to 7/96 Section 00100 Page 2 materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work —The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish 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 furnished, upon request, at the cost of reproduction. Commencement of Contract Times, Notice to Proceed: 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 Starting the Work: 2.4. 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: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract 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; 2.6.2.1. 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 pf values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR ,n QVINER shall each deliver to the ether OWNER, with copies to I r lied an the ° esl .�.o.� ENGINEEJ. R, 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. 14,10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (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 (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER' property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to famish such a release or receipt in full, CONTRACTOR may famish 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 Proiect manual Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to 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 City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 2 BID #5730 TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5730 Taft Hill Road Bridge Over New Mercer Ditch To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. OPENING DATE CORRECTION: THE CORRECT OPENING DATE IS SEPTEMBER 10, 2002, 3:OOP.M. (OUR CLOCK). If you have any questions please contact John Stephen, CPPB, Senior Buyer, at 970-221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty- first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT 7/96 Section 00100 Page 3 The Contract, if awarded, will be on the basis of material and equipment — described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a — substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective — date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the ... General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of _ principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons — or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed — acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General _ Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, — supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. — 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 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. 7/96 Section 00100 Page 4 u 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 publicly as indicated in the Invitation to Bid of the Base Bids and major alternates (if any) the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. non -responsive) read aloud An abstract of the amounts — will be made available after All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. _ Also, OWNER reserves the right to reject the Bid of any Bidder if OWNET. believes that it would not be in the best interest of the Project to mak- an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies _ between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed `or 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 7/96 Section 00100 Page 6 requirements,performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt equipment to be in the Contract Conditions. 21.0 RETAINAGE. from Colorado State Sales and Use Taxes on materials and incorporated in the Work. Said taxes shall not be included Price. Reference is made to the General and Supplementary 7/96 Section 00100 Page 7 Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk _ Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 7/96 Section 00100 Page 8 SECTION 00300 is 1 •IU PROJECT: TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; Bid No. 5/+730 /� Place DG.r, cci.le ,Z.i_ �_._1...�_.^'�.,�^�-loaw Date _f�ei /p .700,1 1. In compliance with your Invitation to Bid dated A-/G-oa and subject to all conditions thereof, th ndersigned /ra'yen i'a lu��� a ** Corporatio Limited Liability Company, Partnership, Joint Venture, or o1e roprietor)** authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified orncashier's check or standard Bid bond in the sum of �� p ICY ($ in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified rformance4nd payment bonds is as follows: %.,,,.___— /,.___ Y i/_ /I._ 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents, 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. �_ through . 7/96 Section 00300 Page 1 SECTION 00300 BID FORM CONTRACTOR BY: r le jF'12 '9 ADDRESS: �S`d�n �`l y"Y* 04e Gq��Qa� Co &y,,3 8. BID SCHEDULE (Base Bid) Please use the attached Bid Schedule when submitting your bid. 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (250) of the total Agreement Price. RESPECTFULLY SUBMITTED: Signature Date Title NL4!� -AM- S. License Number (If Applicable) (Seal - if Bid is by orporation) Attest: wa��ii"" Address ll�ppn 4 ��, �y7, Telephone 003 o22j^ EQ 7/96 Section 00300 Page 2 Addendem No. 1 City of Fort Collins September, 2002 Taft Hill Road Bridge Over New Mercer Ditch Item No. Description Unit Estimated Quantity Unit Cost Item Total 201 Clearing and Grubbing LS 1 +� . on0 202 Removal of Structure LS 1 /7 .o / :7oo . o 202 Removal of Sidewalk SY 35 R.0. o 202 Removal of Curb and Gutter LF 86 .0 202 Removal of Inlet Box EA 1 25 AA 12 On 202 Removal of Manhole EA 1 00 350.00 202 Removal of Sanitary Sewer Pipe LF 43 y o V. 00 202 Removal of Storm Sewer Pipe LF 9 1.2,00 /6'?, o 202 Removal of Fence LF 73 202 Pavement Removal SY 138 203 Unclassified Excavation (CEP) CY 10 y 203 Embankment(CIP) CY 10 206 Structure Excavation CY 1064 206 Structure Backfill (Class 1) CY 665 0 207 Topsoil CY 10 a 0 208 Silt Fence LF 381 212 Seeding (Native) ACRE 0.1 aDo I O 213 Mulching (Hydraulic) ACRE 0.1 3QW 00 lam00 304 Aggregate Base Course (Class 6) CY 25 a 501 Steel Sheet Piling (Type 2) SF 1440 s .00 503 Drilling Caisson (24 inch) LF 780 O Page 7 of 2 Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 1 5730 TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 5730 Taft Hill Road Bridge Over New Mercer Ditch OPENING DATE: September 12, 2002, 3:00p.m. (Our Clock) Please Note: The City of Fort Collins is reviewing its budget due to the national and local economic downturn and City revenue shortfalls. This project is subject to the availability of funding and may be awarded, delayed or not awarded. To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Bid Sheet has been revised. Supplementary Conditions SC-1.32.b Regular Working Hours A. Add the following language to Paragraph 1.32.b of the General Conditions: Regular Working Hours are defined as 7:00 a.m. to 6:00 p.m., Monday through Friday. SC-2.6.1 Milestone Schedule A. Add the following language to Paragraph 2.6.1 of the General Conditions: The Contractor shall submit to the Engineer a detailed schedule showing the set milestones and how the Contractor expects the Work to proceed. This schedule shall be submitted before the Work commences and shall show all milestones as outlined in Section 2.6 of the General Requirements. SC-4.1 Availability of Lands A. Add the following language to Paragraph 4.1 of the General Conditions: The project is bordered on the west by private property and on the east by the Grandview Cemetery. The Contractor shall not park or operate equipment and vehicles, stockpile materials, or enter into either area without written permission from the appropriate land owner. Construction access will be defined by survey marking and will not be allowed on 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 Addendem No. 1 City of Fort Collins September, 2002 Taft Hill Road Bridge Over New Mercer Ditch Item No. Description P Unit Estimated Quantity Unit Cost Item Total 515 Waterproofing (Membrane) SY 212 601 Class 5 Finish SF 771 O 601 Concrete, Class B (Bridge) CY 136 O 601 Concrete, Class D (Bridge) CY 87 �j. 00 602 Reinforcing Steel LB 7789 6S S 602 Reinforcing Steel (Epoxy Coated) LB 21902 / Y 603 12 Inch Reinforced Concrete Pipe, Class III LF 4 Cqj. Jep V, 00 603 8-Inch PVC SDR 35 Pipe with 20" Steel Casing Pipe LF 43 o 604 604 Manhole (48") (H=5') Inlet, Type R (L=5') (H=5') EA EA 1 1 p O O. OO 3 0 606 Bridge Rail (Concrete) LF 51 © a 9 O 608 Concrete Sidewalk (6 inch) SY 23 S O O 608 609 Concrete Curb Ramp (6 inch, Mod) Curb, Type 4 (Section B, Mod) SY LF 9 52 O 06 609 Curb and Gutter, Type 2 (Section IIB) LF 38 O 0 a 618 626 Pre -Stressed Concrete Slab (Depth 6" to 13") Mobilization SF LS 1058 1 0 OO 630 Construction Traffic Control LS 1 o In Words11�0 Page 2 of 2 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410Bid Bond 00420Statement of Bidder's Qualifications 00430Schedule of Subcontractors 7/96 Section 00410 Page 1 SECTION 00410 KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Trainor Construction Co. as Principal, and Insurance Company of the West Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorados as OWNER, in the sum of* $ 57---------------- for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. *Five Percent of the Total Amount Bid. THE CONDITION of this obligation is such that whereas the Principal has submitted to the Cit of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement -for the Construction Of Fort Collins Project, TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; Bid No. 5730. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreementcreated by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND .shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 10th day of September 20 02 and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Trainor Construction Co. Address: 15000 W. 44th Ave., #B Golden, CO 80403 By: �T Title: S . ATTEST: By: (SEAL) SURETY Insurance Company of the West 600 S. Cherry Street, #226 Denver CO 80246 By: od n e on Title: Attorney -in -fact (SEAL) MOODY INSURANCE AGENCY, INC. 3773 CHERRY CREEK NORTH DRIVE, SUITE 800 DENVER, COLORADO 80209-3804 PHONE: (303) 824-6600 7/96 Section 00410 page 3 No. 0004778 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint EVAN E. MOODY, BRAD MOODY, JODY ANDERSON, VERA T. KALBA their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. also au John H. Craig, Assistant Secretary State of California County of San Diego } SS. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Noma Porter, Notary Public, personally appeared John L. Hamum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMA PORTERI v COMM. #1257540 - NOTARY OAUWRNIA'S�i VPN D IEGO aumi.n Expires NIY MARCH to, 2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the saw force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 10th day of September 2002 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bowl to which the power is attached. For information or filing claims,- please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. C SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1 . Name of Bidder: h yn Wor ( 06'j 'l'b'(. dy".J 2. Permanent main office address: IS6166 Lu yyA 3. When organized: 3(A 6 Iq>;2 4. If a corporation, where incorporated: Qn 5. How many years have you been engaged in the contracting business under your present firm or trade name? 3�2 Y?,ec 6. Contracts on hand: (Schedule these, showing the amount of each contract and the approppriate anticipated dates of completion.) SCc a t/L& 7. Geflneral character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? NO If so, where and why? 9. Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 7/96 Section 00420 Page 1 0 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 ma/jor/ equipment available for this contract. Jit( R r J 13. Experience in construction Work similar in importance to this project: ^ ^ 14. Background and experience of the principal members of your organization, including officers: Sc � Ca rj 15. Credit available: $ ypOd 000-00 16. Bank reference: G A,104 I)aJ GG, --plc %hon,oso.J 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 1. 18. Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? Nuu� What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? (,J�� If yes, what percent of total contract? S tc q��� and to whom? 20. Are any lawsuits pending against you or your firm at this time? A)If DETAIL yes, 7/96 Section 00420 Page 2 21. What are the limits of your public liability? jhDETAIL ? t-)III/0-j a�,��,riJ GGc. ,�._,I /�,a What company? /' A,'A 22. What are your company's bonding limitations? I/a 2bi ,�;2�1 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 r3ok o this /p day of ,S,� n`e�- , 2004. Title: WCCJ9d—%i„ ,, State ofcv/or,� County of a f „O 1 f3ruc being 11 dul sworn deposes and says that he is iY_ rvb.,er n of rcz � CONr' , 4c.J and that (name of organiz tion) the answers to the foregoing questions and all statements therein contained are true and correct. Su scribed and sworn to before me this day of 2 0jLk. Notary/SOLPubl O My commission expires�T 7/96 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM 7/96 SUBCONTRACTOR Section 00430 Page 1 TRAINOR CONSTRUCTION CO 15000 W. 44th Aw #B GOLDEN, CO 80403 (303)273-9382 QUALIFICATION COMPLETE LIST OF PROJECTS IN PROGRESS TRAINOR TRAINOR GENERAL CONTRACT PERCENT REMAINING NAME OF PROJECT OWNER ENGINEER CONTRACTOR AMOUNT COMPLETE AMOUNT NORTH DENVER SANITARY SEWER DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 4,319,462 71% $ 1,252,644 18TH, 19TH, BASSETT & LITTLE RAVEN STREETS CNTRL PLATTE VLY METRO DIST. MK CENTENNIAL CONC. XPRESS $ 189,420 11% $ 168.584 VILLAGE c@ 5 PARKS VILLAGE HOMES MUERER TRAINOR $ 386,178 0% $ 386,178 CENTENNIAL GARDENS DENVER BOTANIC GARDENS CIVITAS JC BROOKS $ 98,084 78'/k $ 21,578 AURORA SANITARY2000 AURORA AURORA TRAINOR $ 179,380 95% $ 8,969 2001 EMERGENCY SANITARY DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 450,000 10% $ 405,000 TREX COOT SOUTHEAST CORRIDOR CON. SCC $ 1,233,236 0% $ 1,233.236 CHERRY CREEK DROPS URBAN DRAINAGE ICON TRAINOR $ 714,769 39% $ 436,009 PINEHURST TRIBUTARY URBAN DRAINAGE KIOWA TRAINOR $ 625,389 17% $ 519,073 LOWRY FILING #14 LOWRY BRW TRAINOR $ 380.456 0% $ 380,456 51STNORK SANITARY DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 529.213 0% $ 529,213 PALMER DIVIDE RD DOUGLAS COUNTY FELSBURGIHOLT/ULLEVIG WINSLOW $ 180,655 0°k $ 180,655 cemetery property unless directed by the City. A potential staging area is the vacant lot on the SW corner of LaPorte Avenue and Taft Hill Road. Property owner contact is Ken Scavo, (970) 481-9004. SC-7.4 Coordination A. Add the following language to Paragraph 7.4 of the General Conditions: The following Work will be performed by the City of Fort Collins or others: • Construction surveying • Asphalt pavement material and installation • Pavement striping • Removal and reset of signs • Water line lowering • Traffic loop installation The Contractor will allow one week in his schedule for the installation of asphalt pavement by others at the completion of each bridge stage. The Contractor will allow one week in his schedule for water line lowering at the completion of the demolition of the east side of the existing bridge structure. ADDENDUM NO. 1 REVISION OF SECTION 603 CULVERTS AND SEWERS Section 603 of the Standard Specifications is hereby revised for this project as follows: MATERIALS Section 603.02 of the Standard Specifications is hereby revised for this Project to read as follows Pipe is manufactured from PVC compound meeting the requirements of cell class 12454-B as defined by ASTM D-1784, Standard Specifications for Rigid Poly(Vinyl Chloride) (PVC) Compounds. Sanitary sewer pipe and fittings shall conform to ASTM D 3034 with integral bell gasketed joints. Rubber gaskets shall be factory installed and conform to ASTM F 477. Pipe joints shall conform to ASTM D 3212. Pipe shall have a wall thickness corresponding to dimension ratio SDR-35 with a minimum pipe stiffness of 46 PSI. The steel casing pipe shall be spiral welded or smooth -wall seamless, consisting of grade "B" steel with a minimum yield strength of 35,000 psi and manufactured in accordance with ASTM A139 and A283. The pipe wall thickness shall be a minimum of 0.250 inches with beveled ends and prepared for field welding at the circumferential joints. The outside of the casing pipe shall have one coat of zinc chromate primer conforming to Federal Specification TT-86a and afterwards painted with a compatible black paint. The casing pipe shall extend one foot beyond the outside abutment walls and shall be supported within the bridge span with two corresponding steel hangers spaced equally QUALIFICATION LIST OF PROJECTS COMPLETED IN THE LAST 3 YEARS NAME OF PROJECT OWNER TRAINOR CONSTRUCTION CO. 15000 W. 44th Ave. #8 GOLDEN, CO 80403 (303)273-9382 ENGINEER TRAINOR TRAINOR GENERAL CONTRACT DATE CONTRACTOR AMOUNT COMPLETED 2002 W. 64TH WATERLINE BORE CITY OF ARVADA SEAR -BROWN RICOR $ 25,025 1/11/02 HUNT ST. WELL HOUSE SEDALIA W&S MUERER TRAINOR $ 171,978 1/15/02 PINERY 16" WATERLINE PINERY W&S MERRICK TRAINOR $ 65,400 1/4/02 2ND/STEELE STORM SEWER DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 881,843 4/15/02 EAST SIDE INTERCEPTOR WINDSOR ROTH BERG,TAMBURINI SCOTT $ 83.540 1/15/02 VIRGINIA VILLAGE PHASE III DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 777,643 4/19/02 TRAILMARK BRIDGE TRAILMARK METRO NORRIS DULLEA TRAINOR $ 91,642 3/1/02 HIGHLINE CANAL HIGHLANDS RANCH FELSBURG/HOLT/ULLEVIG TRAINOR $ 126,289 4/12/02 2001 PROSPECT PARK DENVER WASTWATER DENVER WASTEWATER TRAINOR $ 72,700 3/31/01 VIRGINIA VILLAGE DENVER WASTEWATER DENVER WASTEWATER TRAINOR $1,513,054 7/31/01 2000 GEN. STORM SEWER IMPROV. DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 469,993 8/31/01 1-225 & HAMPDEN TUNNELS CDOT CDOT SEMA $ 117,132 12/31/01 LOWRY BLDG 401 & 402 STORM/SANITARY LRA BRW TRAINOR $ 105,539 11/30/01 CONDUIT 133 DENVER WATER DENVER WATER TRAINOR $ 188,571 8/31/01 BAYAUD PARK LRA BRW TRAINOR $ 218,356 11/30/01 ROCKY MTN. DITCH STORM SEWER DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 209,857 9/30101 38TH & PERRY STORM SEWER DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 101,259 10/31/01 1ST/BRYANT-YALE TO ST. PAUL DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 412,253 11/30/01 CSU MASTER DRAINAGE CSU CSU TARCO $ 132,216 9/30101 COLOROW PUMP STATION WILLOWBROOK W & S DIST. MEURER TRAINOR $1,338,084 12/15/01 ARVADA 2000 SEWER REPLACEMENT CITY OF ARVADA CITY OF ARVADA TRAINOR $ 176,585 2128/01 MONTCLAIR ACADAMY LRA BRC TRAINOR $ 66,654 4/30/01 1-25 & COLFAX CDOT CDOT CENTRIC $ 120,396 4/30/01 1-225 & PARKER CDOT CDOT SEMA $ 54,468 3/31101 RANGEVIEW SANITARY LITTLETON LITTLETON TRAINOR $ 154,505 4/30/01 BROOMFIELD BOOSTER PUMP C/O BROOMFIELD BROOMFIELD TRAINOR $ 20,000 4/15/01 JOHNSTOWN SEWER BORES JOHNSTOWN TST HALL-IRWIN $ 107,075 5/18/01 BRIGHTON WATERLINE BORES BRIGHTON CARTER/BURGESS SCHEUMSER $ 64,560 CANYON VIEW BUSINESS PARK LANCE KILGORE BCA GROUP TRAINOR $ 447,941 2000 YALE & DAHLIA SANITARY DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 523,729 6/30100 3RD & PLATTE SANITARY DENVER WASTEWATER DENVER WASTEWATER TRAINOR $1,407,424 6130100 RED SEAL SANITARY DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 840,260 11/15/00 27TH AVE & HUMBOLT ST. DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 278,419 12/l/00 PULBL-0 RAW WATER 86" TUNNEL PUEBLO BOARD OF WTRWRK BLACK & VEATECH PATE $ 329,250 1115/01 JEWELL INTERCEPTOR METRO WASTWATER CH21M HILL BTC $ 579,565 2/15/01 FLORIDA AVE. SANITARY SEWER KILGORE N SUBDIVISION AURORA RAMPART 54" WL DIRECT TV WEST SIDE TRIBUTARY ARVADA SEWER MAIN NORTH TABLE MTN SEWER S WADSWORTH SIDEWALK SANDERSON GULCH BORES LOTH & JOHNSON CANTER BERRY CROSSING COLLEGE PARK SANITARY SEWER PERFORMING ARTS SCULPTURE PARK POWERHOUSE PLAZA BERKELEY2000 WATER & SEWER IMPROV JORDAN RD. SEWER MODIFICATIONS W. 56TH AVE. BRIDGE 1999 LAKEWOOD GULCH 7TH & DOWNING STORM SEWER SWANSEA STORM SEWER 1ST & BRYANT STORM SEWER 20TH & MEADE STORM SEWER 1998 SANITARY SEWER IMPROVEMENTS WESTWOOD SUBDIVISION W T-BONE SUBDIVISION UTILITIES ROGERS ROAD TUNNEL 88TH STREET SANITARY LOWRY BUSINESS CENTER TRUNK UTILITIES AIRPORT BOOSTER PUMP STATION PLATTE CANYON RES. RIVER OUTLET ROLLING HILLS CLUBHOUSE SOUTHBRIDGE 1-25 & 58TH BORES CONDUIT 133 COMMUNITY DITCH 44TH INDUSTRIAL PARK TUNNEL PUEBLO WEST BORE SANTA FE & BELLEVIEW TUNNEL DECATUR STREET SANITARY 10TH & MAIN SANITARY URBAN FARMER STORM MORGAN PIPELINE BORES 1-70 & WASHINGTON TUNNEL 44TH & TABOR SANITARY GREAT LAWN DRAINAGE KINNEY RUN BORE CONDUIT 55 WESTFIELD UTILITIES MILLER & RIDGE SANITARY CITY OF AURORA KILGORE CITY OF AURORA HUGHES COMMUNICATIONS URBAN DRAINAGE ARVADA N TABLE W&S LAKEWOOD METRO WASTEWATER GOLDEN CANTERBERRY COLLEGE PARK W & S DENVER TRANSPORTATION DIV LRA BERKELEY COTTONWOOD W & S CITY OF ARVADA DENVER WASTEWATER DENVER WASTEWATER DENVER WASTEWATER DENVER WASTEWATER DENVER WASTEWATER DENVER WASTEWATER WINDSOR GREELEY LONGMONT SUPERIOR LOWRY REDEVELOPMENT BROOMFIELD DENVER WATER ROLLING HILLS CC SOUTHBRIDGE COOT DENVER WATER BROADLANDS METRO 44TH INDUSTRIAL PUEBLO WEST CDOT FEDERAL HGHTS BROOMFIELD URBANFARMER N COLO WATER CDOT FRUITDALE LOWRY REDEVELOPMENT GOLDEN DENVER WATER LOWRY REDEVELOPMENT CLEAR CREEK CITY OF AURORA TRAINOR $ 151,868 1/31101 BCA GROUP KIP CO $ 153,288 12/31/00 CITY OF AURORA TRAINOR $ 204,200 2/12/01 ANDERSON & HASTINGS HYDER $ 380,000 1/31/01 ICON ENGINEERING TRAINOR $ 227,991 1/1/01 ARVADA TRAINOR $ 880,747 3131/00 N TABLE W&S TRAINOR $ 548,000 4/14/00 LAKEWOOD TRAINOR $ 199,256 4/12/00 HDR TIERDAEL $ 465,601 5/31/00 TST KIPCO $ 204,000 6131/00 EVO TRAINOR $ 512,473 6/15/00 LANE ENGINEERING TRAINOR $ 118,647 9/20/00 CITY & COUNTY OF DENVER TRAINOR $ 271,785 12/1/00 LRA TRAINOR $ 262,586 10/31/00 MARTIN/MARTIN TRAINOR $ 238,494 11/31/00 MULHERN MIRE TRAINOR $ 540,306 12/5/00 MULLER CENTRIC-JONEE $ 201,671 12/1/00 DENVER WASTEWATER DENVER WASTEWATER DENVER WASTEWATER DENVER WASTEWATER DENVER WASTEWATER DENVER WASTEWATER NORTHERN ENGINEERING NORTH STAR SEAR -BROWN McLAUGHLIN BRW HDR DENVER WATER JOHN WILLIAMS CDOT DENVER WATER HURST CLYDE YOUNG CDOT FEDERAL HGHTS BROOMFIELD MONTGOMERY WATSON CDOT LANE BRW TST DENVER WATER BRW LANE TRAINOR TRAINOR TRAINOR TRAINOR TRAINOR TRAINOR TRAINOR TRAINOR E-Z TRAINOR TRAINOR TRAINOR TRAINOR TRAINOR KIPCO HAMON TRAINOR TRAINOR T LOWELL PATE CONC WORKS TRAINOR TRAINOR TRAINOR BRB KRAEMER TRAINOR TRAINOR SCHEMEUSER TIC TRAINOR TRAINOR $ 867,491 $ 183,304 $ 207,667 $ 389,355 $ 666,897 $ 132,453 $ 66,403 $ 398,111 $ 56,840 $ 134,926 $3,063,050 $ 882,408 $ 206,860 $ 106,450 $ 48,647 $ 81,505 $ 178,419 $ 414,349 $ 25,020 $ 71,893 $ 77,543 $ 67,075 $ 228,034 $ 47,679 $ 272,201 $ 56,898 $ 89,094 $ 450,000 $ 78,903 $ 50.525 $ 344,846 $ 114,286 10/1199 8/31 /99 8/1/99 6/30/99 8/1/99 8/1/99 12/15/99 11 /30/99 8131 /99 9/30/99 1 /31 /99 4/30/99 4/30199 3/31 /99 4/30/99 2/28/99 2/28/99 6/30/99 4/30/99 5/31 /99 6130/99 6/30/99 6/15/99 6/15199 7/31 /99 7/15/99 6/30/99 7/31 /99 8/13/99 7/15/99 8/1/99 8/20/99 TRAINOR CONSTRUCTION CO. 15000 W. 441h Ave. #6 GOLDEN. CO 80403 (303) 273-9382 JUALIFICATION LIST OF PROJECTS COMPLETED IN THE LAST 5 YEARS TRAINOR TRAINOR GENERAL CONTRACT DATE CONTRACTOR AMOUNT COMPLETED 1995 4TH & RACE STORM SEWER DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 233,901 9/1I98 1995 DENVER WASTEWATER SANITARY DENVER WASTEWATER DENVER WASTEWATER TRAINOR $ 531.125 6/30/98 FLORIDA AVE BIKEPATH CITY OF DENVER CITY OF DENVER TRAINOR $ 359.000 7/15198 N i 1 TH STORM SEWER BRIGHTON BRIGHTON TRAINOR $ 695.323 11/30198 128TH & ZUNI TUNNEL BROOMFIELD BROOMFIELD TRAINOR $ 95,563 11/30/98 HIGHLANDS RANCH BORES HIGHLANDS RANCH RMC TRAINOR $ 144,971 10/31/98 IDAHO SPRINGS BIKEWAY IDAHO SPGS IDAHO SPGS TRAINOR $ 283.193 WWI) FRUITDALE SANITATION FRUITDALE SANITATION LANE TRAINOR $ 298.497 7/31/98 BROADWAY VIADUCT TUNNEL CDOT CDOT PCL $ 38,000 211998 SANTA FE & BELLEVIEW BORE CDOT CDOT CONCRETE WORKS $ 42.000 2/15/98 SKYLINE VISTA PARK WESTMINSTER HENKELS & MCCOY URBAN FARMER $ 46,928 2128/98 TAFT HILL UNDERPASS FT COLLINS RMC TRAINOR $ 280,710 6/30/98 E470 TUNNEL E470 AUTHORITY MK CENTENNIAL AMES $ 54,350 3/31198 1-25 & 58TH AVE. BORES CDOT COOT HAMON $ 56,680 5130/98 BIG DRY CREEK SANITARY RELOCATE METRO WASTEWATER MUERER TRAINOR $ 72,110 5/30198 YALE AVE BIKEPATH AURORA AURORA TRAINOR $ 149.000 6/30/98 UINTAH STREET BORE COLO SPGS BLACK & VEATCH SUN $ 31.900 6130/98 ARVADA WATER BORES ARVADA ARVADA WYCON $ 57,200 7110198 WALMART 42" TUNNEL WALMART PATE $ 50,000 6/30198 1997 4TH & MONACO SANITARY SEWER DENVER WASTEWATER DENVER WASTEWATER TRAINOR $270.400 8131197 29 ROAD & 1-70 BUSINESS LOOP SANITARY CENTRAL GRAND VALLEY WESTWATER TRAINOR $ 78.000 12/15/97 CLEAR CREEK SANITATION BORE CLEAR CREEK SANITATION LANE TRAINOR $ 61.000 12/31/97 11TH & 12TH AVE. SEWER INTERCEPTORS CITY OF LAKEWOOD LAKEWOOD TRAINOR $1,022,000 10131197 SOUTHWEST WATER PROJECT CONTRACT 5 CITY OF COLORADO SPGS BROWN & CALDWELL TIERDAEL $ 557,000 9/15197 38TH & FOX COOT CDOT KRAEMER $ 689,406 8/31197 COLORADO SPRINGS ELECTRIC BORES COLO SPRGS ELECTRIC POWER ENGINEERS TEMPEST $ 155,590 9/30/97 RTD LIGHT RAIL UTILITIES SW CORRIDOR PH 2 RTD RTD TRAINOR $658,000 8/31/97 ELK LAKE SANITARY EXTENSION CITY OF GREELEY PICKETT TRAINOR $220,915 8/26197 PARK CENTRE UTILITIES PARK CENTRE LTD. YORK TRAINOR $107,000 9112197 PAR 649 ACCESS BRIDGE REHABILITATION METRO WASTEWATER METRO WASTEWATER TRAINOR $121,500 12/15/96 TOLLGATE SANITARY SEWER REPAIR CITY OF AURORA AURORA TRAINOR $53.000 12/1196 DAHLIA PIT INTERCONNECT CITY OF THORNTON DREXEL BARRELL TRAINOR $580.000 4/15/97 CLEAR CREEK SANITATION EXTENSION CLEAR CREEK SANITATION LANE TRAINOR $368,786 3131197 CHANSON PLAZA LIFT STATION GRANT WATER/SANITATION TRAINOR $208,800 4115AJ7 REPUBLIC PARK LIFT STATION CASTLEWOOD SANITATION TRANSYSTEMS TRAINOR $149,652 4130197 CADDOA BASIN STORM SEWER CITY OF LOVELAND RBD TRAINOR $430,696 5/31197 RTD LIGHT RAIL UTILITIES SW CORRIDOR PH 1 RTD RTD TRAINOR $270,106 5/31/97 FOSSIL CREEK TRAIL CITY OF FT. COLLINS FT. COLLINS TRAINOR $167,007 4130/97 HARMONY TRANSMISSION PHASE IV CITY OF FT. COLLINS RMC ERS $121.767 4/15/97 INVERNESS FILING 22 OUTFALL STORM SEWER INVERNESS WATER & SAN MULHERN MRE TRAINOR $150,259 5118/97 4 ST OF EQUIPMENT OWNED OR AVAILABLE THROUGH LEASE it 375 Hydraulic Excavator LEASE at 350 Hydraulic Excavator LEASE it 325 Hydraulic Excavator at 330 Hydraulic Excavator -it 315 Hydraulic Excavator LEASE it D8N Dozer LEASE at 936 Front End Loader it 938 Front End Loader at IT-28F Front End Loader at IT-28F Front End Loader at 416 Backhoe 5 Ton Linkbelt Truck Crane > Ton Tadano Truck Crane arbco 48" Boring Machine unnel Boring Machines - 3 ea )" Hydraulic Shield I" Hydraulic Shield 8" Hydraulic Shield -oot Throw Hydraulic Jacks - 8 ea Foot Throw Hydraulic Jacks - 5 ea ydraulic Pump entonite Pumps - 2 ea grout Pump orizontal & Vertical Conveyors :Iectric Cars & Railroad Track it Compressors asers, Transits & Levels sheeting & Shoring (4 to 5 pits capability) rench Boxes, Plates & Shields ,oncrete Forms ,enerators iemo Saws tan Trailers 'umps ;hipping Hammers Nelders uel Truck pickups TRAINOR CONSTRUCTION COMPANY 15000 W. 44th Avenue #B Golden, CO 80403 Phone 303-273-9382 Fax 303-273-9354 Jay Trainor Areas of Expertise: High Pressure Waterline Construction Storm and Sanitary Sewer Construction Pipe Jacking, Tunnel Liner — Installation Concrete Structures Asphalt Paving Construction Estimating, Management & Finance Employment: President/Superintendent — Trainor- Construction Estimator — Western Paving Construction Co. Experience: 30 years of heavy utility, highway and structure experience. Education: BS, Business Administration University of Denver Major Projects: Estimated and managed the following projects: Speer & Delgany - Denver 17"' & Ulster - Denver Senac Waterline — Aurora South Thornton Interceptor — Metro Sewage 40t' & Inca — Denver West Harvard Gulch - Denver TRAINOR CONSTRUCTION COMPANY 15000 W. 44th Avenue #B Golden, CO 80403 Phone 303-273-9382 Fax 303-273-9354 Dave Emm Areas of Expertise: Construction Estimating Project Management Accounting Supervision Financial Management Purchasing/Scheduling Safety, EEO & Affirmative Action Supervision Employment: Project Manager/Controller — Trainor Construction Controller/Estimator — Railroad Builders Inc. Experience: 14 years construction accounting, estimating, and project management Education: BS, Accounting/Small Business Administration University of Colorado, Boulder TRAINOR CONSTRUCTION COMPANY 15000 W. 44th Avenue #B Golden, CO 80403 Phone 303-273-9382 Fax 303-273-9354 Areas of Expertise: Employment: Experience: Education: HARRY BRUST Construction Estimating Project Management Project planning and Scheduling Concrete Structures Storm and Sanitary Construction Waterline Construction Project Manager/Estimator — Trainor Construction Project Superintendent — Eby Construction 25 years concrete and utility construction, estimating, and project management BS, Industrial Construction Management Colorado State University, Ft. Collins TRAINOR CONSTRUCTION COMPANY 15000 W. 44th Avenue #B Golden, CO 80403 Phone 303-273-9382 Fax 303-273-9354 SCOTT KYLER Areas of Expertise: Quality Assurance Construction Management Project Planning and Scheduling Concrete Structures Bridges Water/Wastewater Treatment Plants Storm and Sanitary Sewer Construction Employment: Project Manager/Estimator - Trainor Construction Resident Project Representative — Camp, Dresser & McKee Project Manager/Estimator — Park Construction Estimator — Robert E. McKee Construction Estimator/Field Engineer — Eby Construction Project Engineer — Weaver Construction Experience: 26 years concrete and utility construction, estimating, and project management Education: 1976, BS, Industrial Construction Management Colorado State University, Ft. Collins, Colorado SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530Notice to Proceed TRAINOR CONSTRUCTION COMPANY 15000 W. 44th Ave. #B GOLDEN, CO 80403 (303) 273-9382 REFERENCES ORGANIZATION DENVER WASTEWATER MANAGEMENT ICON ENGINEERING URBAN DRAINAGE & FLOOD CONTROL URBAN DRAINAGE & FLOOD CONTROL KIOWA ENGINEERING CITY OF BROOMFIELD CITY OF LAKEWOOD MUERER AND ASSOCIATES CONTACT MR. STEVE BELLO MR. DOUG WILLIAMS MS. CINDY THRUSH MR. DAVE LLOYD MR. TOM FAIRLEY MR. BERT KNIGHT MR. KEN NYHOFF MR. BRYAN SMITH PHONE NUMBER 303.446.3734 303.221.0802 303.455.6277 303.455.6277 303.692.0369 303.438.6392 303.987.7900 303.985.3636 from the abutments and hung from the bridge deck. Casing spacers shall be installed and shall be non-metallic and molded in segments for field assembly without any special tools. The casing spacer polymer shall have a minimum compressive strength of 3,000 psi and shall have full length, integrally molded skids extending beyond the bell of the carrier pipe. Spacers shall be spaced a maximum of eight (8) feet apart along the length of the carrier pipe with one casing spacer within two (2) feet of each side of a pipe joint and the rest evenly spaced. End seals shall be installed after the insertion of the carrier pipe into the casing. The end seals shall be 1/8" thick synthetic rubber end seals. METHOD OF MEASUREMENT Subsection 603.11 shall include the following: Casing spacers, end seals, hangers, steel casing pipe and modifications to the north drop manhole including fitting replacements, concrete cutting and patching, etc. will not be measured separately and will be subsidiary to Item 603, 8-inch PVC SDR 35 Pipe w/ 20-inch Steel Casing Pipe. BASIS OF PAYMENT Subsection 603.12 shall include the following: Pay Item Pay Unit 12-inch Reinforced Concrete Pipe, Class III Linear Foot 8-inch PVC SDR 35 Pipe w/ 20-inch Steel Casing Pipe Linear Foot SECTION 00510 NOTICE OF AWARD Date: October 2, 2002 TO: Trainor Construction, Inc. PROJECT: TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; Bid No. 5730 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated September 10, 2002 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; Bid No. 5730. The Price of your Agreement is TWO HUNDRED NINETY-SIX THOUSAND NINE HUNDRED THIRTY-THREE DOLLARS AND NINETY-SIX CENTS ($296,933.96). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by October 17, 2002. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins NER By: V��i J�S / lX_,_o J es B. O'Neill II, CPRO, FNI P Dire for of Purchasina and Risk Mana ement le 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 2nd day of October in the year of 2002 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Trainor Construction, 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 demolition of an existing bridge and the construction of a new bridge with concrete railing. The work also includes the reconstruction of a segment of sanitary sewer line and manhole, the reconstruction of a storm water line and inlet, sidewalk, curb and gutter, curb ramps, temporary curb and construction traffic control. Asphalt pavement installation and construction surveying will be provided by others, 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. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within 120 calendar 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 150 calendar 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 9/12/01 Section 00520 Page 1 pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Five Hundred Dollars ($1,500.00) for each calendar day or fraction thereof that expires after the One Hundred Twenty (120) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the Thirty (30) 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: ($296,933.96), Two Hundred Ninety -Six Thousand Nine Hundred Thirty -Three Dollars and Ninety Six cents, 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 stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for 9/12/01 Section 00520 Page 2 payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 950 of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 9/12/01 Section 00520 Page 3 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 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, consisting of a cover sheet and sheets numbered 1 through 15 inclusive with the following general title: Taft Hill Road Bridge Over New Mercer Ditch Cover Sheet-1, Standard Plans-2, Summary of Quantities-3, General Layout-4, Construction Layout-5, Foundation Layout-6, Construction Staging Details-7, Abutment 1 Layout-B, Abutment 2 Layout-9, Abutment Details-10, South Wingwall Layout-11, North Wingwall Layout-12, Girder Details-13, Superstructure Details- 14, and Approach Roadway Details-15. The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 9/12/01 Section 00520 Page 4 ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12/01 Section 00520 Page 5 OWNER: AITY OF FORT COLLINS By: 4. JOHN ISCHBACH, CITY MANAGER BY: JAME B O'N IL II, CPPO, FNIGP qIR&CTOR OF PURCHASING AND RISK I�ANAG7MEN7T Date: J l� / / O L Attest: Address for giving MM9: P. 0. Box 580 Fort Collins, CO Approved as to Form — �a-IL Assistant City Attorney 9/12/01 CONTRACTOR: Trainor Construction, Inc. 1%vE eM-7 Title: -/S/ s Date: (CORPORATE SEAL) Atte t: 1�0 L Address for giving notices: TRAI ,i!l'j CC6L 1'371Ri �C70N CO. 15859 W. ii GOLDEN, CO 00fl03 LICENSE NO.: Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; BID NO. 5730 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 M Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR !M Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615Payment Bond 00630 Certificate of Insurance 00635Certificate of Substantial Completion 00640Certificate of Final Acceptance 00650Lien Waiver Release (CONTRACTOR) 00660Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) TRAINOR CONSTRUCTION CO. (Address) 15000 W. 44th Avenue #B Go] (ARx1rX1iM&J&1k) , (axikk1&ffl=3thi p) , (a "Principal" and (Firm) INSURANCE'COMPANY OF THE WEST Bond No. 1885367 , „umninezcer re (Address) 600 S. Cherry St., Suite 226, Denver, CO 80246 as hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the. "OWNER", in the penal sum of TWO HUNDRED NINETY SIX THOUSAND NINE * in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with th6 OWNER, dated the 2nd day of October 2002, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; BID NO. 5730. - NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and -any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by* reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. * HUNDRED THIRTY THREE AND 96/100 ($296,933.96) 7/96 Section 00610 Page 1 ADDENDUM NO. 1 REVISION OF SECTION 604 MANHOLES, INLETS AND METER VAULTS Section 604 of the Standard Specifications is hereby revised for this project to include the following: MATERIALS The following shall be added to Section 604.02 The new manhole shall meet the City of Fort Collins Water Utilities Standards and shall be a flat top shallow manhole. The maximum distance from finished grade to the top of flat slab top shall be 16 inches and the maximum distance from finished grade to the first step shall be 28 inches. METHOD OF MEASUREMENT The following shall be added to Section 604.06: All modifications necessary to the manhole and drop structure north of the bridge to install a new sanitary sewer line, including fittings, will not be paid for separately and will be subsidiary to Item 603, 8-inch PVC SDR 35 Pipe w/ 20-inch Steel Casing Pipe. BASIS OF PAYMENT Subsection 604.07 shall include the following: Pay Item Pay Unit Manhole 48 inch (5 ft) Each Inlet, Type R (L = 5 ft) (H = 5ft) Each 13 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms 'of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to tra:-,;act business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 9th day of October 20D2. IN PRESENCE OF:. (Corporate Seal) IN PRESENCE OF: Principal TRAINOR CONSTRUCTION CO. (Title) %PW—1 15000 W. 44th Avenue, #B Golden, Colorado 80403 (Address) Other Partners as By:J IN PRESENCE OF: Surety INSURANCE COMPANY OF THE WEST By: � i ` Vera T. Kalba; Attorney`-Yn-Fact_ Witness By: �00__S. Cherry St. #226, Denvei, CO 80246 (Address) -- (Surety Seal) NOTE: Date of Bond'must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. MOODY INSURANCE AGENCY, INC. 3773 CHERRY CREEK NORTH DRIVE, SUITE 800 DENVER, COLORADO 80209.3804 PHONE: (303) 824-6600 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) TRAINOR CONSTRUCTION CO. (Address) 15000 W. 44th Avenue #B Golden CO 80403 (a=xkNdixaxb101), (&xRaxk pcpc, (a Corporation) "Principal" and (Firm) INSURANCE COMPANY OF THE WEST (Address) 600 S. Cherry St., Suite 226_, Denver, CO 80246 Bond No. 1885367 referred to as hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of TWO HUNDRED NINETY SIX THOUSAND NINE HUNDRED * in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 2nd day of October 2002, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; BID NO. 5730. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. * THIRTY THREE AND 96/100 ($296,933.96) Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the term$. of the Agreement or to the Work to be performed thereunder or the Specifications' accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to .the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 9th day of October 20 02. IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: Principal TRAINOR CONSTRUCTION CO. By ✓Ltf-;Ar S (Title) 15000 W. 44th Avenue, #B Golden, CO 80403 (Address) Other Partners Surety INSURANCE COMPANY OF THE WEST Vera T. Kalba', Attorney -in -Pact Witness By: 600 S. Cherry St., #226 Denver, CO 80246 (Surety Seal) (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 MOODY INSURANCE AGENCY, INC. 3773 CHERRY CREEK NORTH DRIVE, SUITE 800 DENVER, COLORADO 80209-3804 PHONE: (303) 824.6600 Section 00615 Page 2 No. 0004778 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Compenies'), do hereby appoint EVAN E. MOODY, BRAD MOODY, JODY ANDERSON, VERA T. KALBA, WILLIAM C. SLATER, JR. their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001, 060 John H. Craig, Assistant Secretary State of California County of San Diego INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Noma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acFaowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMAUPORTER yCr COMM -# 257540 NOTARY UBLC-C $y nsOUNT MComi00%pea ARCH ON �1 �/• 19, 2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 9th day of October , 2002 4����-� John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800.877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. ACORD,N CERTIFICATE OF LIABILITY INSURANCE GATE (MM/D= 10/09/2002 PRODUCER (303)824-6600 FAX (303) 370-0118 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moody Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3773 Cherry Creek North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 800 Denver, CO 80209-3804 INSURERS AFFORDING COVERAGE INSURED Trainor Construction Co. Inc. INSURER Valley Forge Insurance Co. (CNA) I I Trainor INSURERS: Transportation Ins Co (CNA) 15000 W 44th Ave B NsuRERc: Pinnacol Assurance Golden, CO 80403 INSURER D: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIm NSR OF INSURANCE POLICY NUMBER POUCTYPE DATE IMMIODNY FFEDTIVE DATEM IRATION LIMITS A GENERAL UABILT' X COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR X Blnkt Addl Insured TCP2025804896 11/01/2001 11/01/2002 EACH OCCURRENCE $ 1,000,00 FIRE DAMAGE (My one fire) $ 300,00 MED EXP (Any one Pemon) $ 5,000 PERSONAL S ADV INJURY $ 11000,00 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER: P0UCYEx_1 JEC LOC PRODUCTS - COMP/OP AGO $ 2,000,00 AUTOMOBILE LIABILITY ANY AUTO BUA2025804901 11/01/2001 11/01/2002 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X (Per Per INJURY Person) $ B ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS X X BODILY aoddent) Per acddenl) $ PROPERTY DAMAGE (Per amdent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANV AUTO OTHER THAN EA ACC AUTO ONLY: AGO $ $ B EXCESS LIABILITY X OCCUR CLAIMS MADE CUP202S8O4929 11/01/2001 lI/01/2002 EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,000 $ DEDUCTIBLE X RETENTION $ 10,00 /C UNDERLYING INCLUDED $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 3515822 11/01/2001 11/01/2002 X TORV LIMITS ER E.L. EACH ACCIDENT $ S00,000 C E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE -POLICY LIMIT $ 1,000,00 OTHER DESCRIPTI NOF TION OCA O SIVEHICLES/EXCLUSIONS ADDED BY€N RSEMENTISPECIAL PROVISIONS e: Ta t Hi� r Britrge over New Mercer Dltc�i. - Project No. 5730 Certificate Holder and Owner are named as Additional Insureds under the General Liability as respects rk performed by Named Insured. City of Fort Collins 215 N Mason Street Fort Collins, CO 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; BID NO. 5730 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as 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 heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 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 project, TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; BID NO. 5730. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; BID NO. 5730 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for alland any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 7/96 Section 00650 Page 1 S. 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 day of ^ 20 , by Witness my hand and official seal. My Commission Expires: .. Notary Public 7/96 Section 00650 Page 2 -- rr ADDENDUM NO. 1 REVISION OF SECTION 606 GUARDRAIL Section 606 is hereby added to the Standard Specifications for this project as follows: MATERIALS Subsection 606.02 shall include: The bridge rail is a reinforced concrete structure on each side of the new bridge as shown on the plans. Concrete used in the bridge rail shall be Structural Concrete, Class D (Bridge). BASIS OF PAYMENT Subsection 606.06 shall include: Pay Item Pay Unit Bridge Rail LF 5 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: TAFT HILL ROAD BRIDGE OVER NEW MERCER DITCH; BID NO. 5730 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) 10 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00660 Page 1 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, 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. ' EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title DEFINITIONS......................................................I 1.1 Addenda.......:.....................................1 1.2 Agreement..........................................1 1.3 Application for Payment,,,,,,,,,,,,,,,,,,,,,,, 1.4 Asbestos 1.5 Bid ,,, . .............................................1 1.6 Bidding Documents,,,,,,,,,,,,,,,,;,,,,,,,,,, 1.7 Bidding Requirements .........................1 1.8 Bonds ........................ 1.9 Change Order......................................1 1.10 Contract Documents 1.11 Contract Price......................................1 1.12 Contract Times,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 1.13 CONTRACTOR.............„-,,,-..--.,..,.-,.-t 1.14 defective.............................................1 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 1.20 General Requirements .........................2 1.21 Hazardous Waste2 1.22.a Laws and Regulations; Laws or Regulations 2 1.22.b Legal Holidays ..................................... 1.23 Liens.................................................2 1.24 Milestone............................................2 1.25 Notice of Award.................................. 2 1.26 Notice to Proceed.................................2 1.27 OWNER.............................................2 1.28 Partial Utilization2 1.29 PCBs..................................................2 1.30 Petroleum...........................................2 1.31 Project................................................2 1.32.a Radioactive Material 2 1.32.b Regular Working Hours,,,,,, ........................ 2 1.33 Resident Project Representative..,,-„.....2 1.34 Samples .............................. 1.35 Shop Drawings .............................. 1.36 Specifications,,,,.., .......................... 2 1.37 Subcontractor .....................................? 1.38 Substantial Completion„.....................2 1.39 Supplementary Conditions.,,,,,,,,,,,,,,,, 2 1.40 Supplier..............................................2 1.41 Underground Facilities .....................2-3 1.42 Unit Price Work„ 1.43 Work.................................................3 1.44 Work Change Directive.., .................... 1.45 Written Amendment Page Number 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,,,,,,,,,,,,, 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Schethles; Delivery of Certificates of Insurance ........ ........................... 3-4 2.8 Preconstruction Conference 4 2.9 Initially Acceptable Schedules,,,,-,.....4 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................... 4 3.1-3.2 Intent .............................................. 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 Docunents„--,..-, 5 3.6 Supplementing Contract Documents 3.7 Reuse of Documents .........................j 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ..................................... 5 4.1 AvailabilityofLands .....................$-6 4.2 Subsurface and Physical Conditions .........:.......................... 6 4.2.1 Reports and Drawings......................6 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data............................................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditions. .................. 6 4.2.4 ENGINEER's Review 6 4.2.5 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments...............................6-7 4.3 Physical Conditions --Underground Facilities ....................................... 7 4.3.1 Shown or Indicated 4.3.2 Not Shown or Indicated,,,,,,,,, ,,,,,,7 4.4 Reference Points ............................„,7 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number " 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material....................7-8 to Shop Drawing or Sample Submittal....................................16 5. BONDS AND INSURANCE ................................. 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bonds .............................................. 8 6,27 Responsibility for Variations V 5.3 Licensed Sureties and Insurers; From Contract Documents. ........... 17 Certificates of Insurance....................8 6.28 Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance..........................................9 Approval of Required 5.5 OWNER'S Liability Insurance,,,,,,,,,,,,,, 9 Submittals ................................... 17 5.6 Property Insurance ......................... 9-10 6.29 Continuing the Work ..................... 17 - 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance..................10 Warranty and Guarantee, _,,,...... ,... 17 5.8 Notice of Cancellation Prousion......... 10 6.31-6.33 Indemnification .........................17-18 _ 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations ...................J8 for Deductible Amounts ................... 10 -- 5.10 Other Special Insurance, ..................... 10 7. OTHER WORK ..... ,........................................... J8 5.11 Waiver of Rights................................11 7.1-7.3 Related Work at Site ....................... J8 5.12-5.13 Receipt and Application of 7.4 Coordination, .................................18 _ Insurance Proceeds .....................10-I 1 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.................................18 Insurance........................................11 8.2 Replacement of ENGINEER ............ 18 8.3 Furnish Data and Pay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............I I When Due .................................. 18 _ 6.1-6.2 Supervision and Superintendenc(;....... 11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment,,, 11-12 and Tests ............................... 18-19 6.6 Progress Schedule..............................12 8.5 Insurance ....................................... 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders ............................... l9 `- 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 ofRights ......................... 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 ........................ J4 Radioactive Material*,,,................ J9 _ 6.15 Taxes ......... .......... ........... ...... .......14-15 8.11 Evidence of Financid 6,16 Use of Premises.................................15 Arrangements, ....... ...... .19 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading... ............ 4_.6J5 9. ENGINEER'S STATUS DURING �- 6.19 Record Documents .....................6.......15 CONSTRUCTION ,,,.,,,,............. 6.4...................... 19 6.20 Safety and Protection... .... d 6 ...... 6 .... J5-16 9.1 OWNER's Representative......,,,,,,,,,19 6.21 Safety Representative... ..... ........... J6 9.2 Visits to Site................. 6.4..............19 6.22 Hazard Communication Program*... ... 16 9.3 Project Representative,,,,,,,,,,,,,,, 6.23 Emergencies ,,,,,,,,,,,,,,,,4........ _ 16 9.4 Clarifications and Interpre- >: ... 6.24 Shop Drawings and Sample4..............16 tations......... ........... 4..................... 1 9.5 Authorized Variations in Wrk ........ 1 ffi EICDC 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 9.6 Rejecting Defective Work..................21 9.7-9.9 Shop Drawings, Change Orders and Payments....................................21 9.10 Determinations for Unit Prices,,,,,, 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEER's Authority and Responsibilities,,,, 22-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change ,,,,,,,,,,,,,„.23 10.2 Claim for Adjustment ...................... 23 10.3 Work Not Required by Contract Documents ................................... 23 10.4 Change Orders ............................... .. 23 10.5 Notification of Surety ....................... 23 CHANGE OF CONTRACT PRICE 23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ................................... 23-24 11.4 Cost of the Work...........................24-25 11.5 Exclusions to Cost of the Work ........... 25 11.6 CONTRACTOR's Fee,,,.,, 11.7 Cost Records.................................25-26 11.8 Cash Allowances...............................26 11.9 Unit Price Work..............................26 CHANGE OF CONTRACT TIMES ....................... 26 12.1 Claim for Adjustment ..................... 26 12.2 Time of the Essence ........., 26 12.3 Delays Beyond CONTRACTOR's Control ................ I..................... 26-27 12.4 Delays Beyond OWNER's and CONTRACTOR's Control27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.................................................27 13.1 Notice ofDefects ............................ 27 13.2 Access to the Work ......._. ..... 27 13.3 Tests and Inspections; CONTRACTOR's Cooperation.,,,..,,, 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory,,,.,, 27 13.5 CONTRACTOR's Responsibilities. 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval.................27 iv 13.8-13.9 Uncovering Work at ENGI- NEER's Request ................... 13.10 OWNER May Stop the Work,... 13.11 .Correction or Removal of Defective Work ............... 13.12 Correction Period .................... 13.13 Acceptance of Defective Work,,, 13.14 OWNER May Correct Defective 27-28 .....28 .....28 28 28 Work................................28-29 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. 29 14.1 Schedule of Values 29 14.2 Application for Progress Payment ..................................... 29 14.3 CONTRACTOR's Warranty of Title...........................................29 14.4-14.7 Review of Applications for Progress Payments,,,,,,,,,,,,,,,,, 29-30 14.8-14.9 Substantial Completion,,,,,,,,,,,,, 30 14.10 Partial Utilization ­ ................... 14.11 Final Inspection,,,, ...................... 14.12 Final Application for Payment........31 14.13-14.14 Final Payment and Acceptance,,,,,,, 31 14.15 Waiver of Claims .... .................. 31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate,,,,,,,,,,,,,,,, 32 15.5 CONTRACTOR May Stop Work or Terminate...... _ _ 32-33 16. DISPUTE RESOLUTION .................................. 33 17. MISCELLANEOUS .. .........33 17.1 Giving Notice ................................ 33 17.2 Computation of Times....................33 17.3 Notice of Claim.,,,,..... 17.4 Cumulative Remedies 33 17.5 Professional Fees and Court Costs Included ......................... 33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank....................................... 35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,,,, GC -Al 16.1-16.6 Arbitration,,,.,..,, GC -AI 16.7 Mediation ........ ........................ GC -Al EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS, MODIFICATIONS (REV 9199) 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" Item$ ................6.7.1 Work by OWNER..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ............................................. 4.1 site, related Work...............................................7.2 Work...........................................13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR...................................6.9.1, 9.13.3 ENGINEER..........................................6.20, 9.13.3 OWNER....................................................(1.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurance8.,.,... 4......................... 5.7 Adjustments -- Contract Price or Contract Times,..... 6....................J.5, 3.5, 4.1, 4.3.2, 4.5.2, .....I.......4........6......4.5.3, 9.4, 9.5, 10.2-10.4, .........................................11, 12, 14.8, 15.1 progress schedule .............................................. 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy fora,..... 4.....................5.6.2 Allowances, Cash .................... 4.............................. 11.8 Amending Contract Document@, 3.5 Amendment, Written -- in general., .............. J.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 .6...........I..............8.2, 6.19, 10.1, 10.4, 11.2 ....................................12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to... .............. 44 ...... 6 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of.................................6....................1.3 ENGINEER's Responsibility.....................4.........9.9 final payment ................. 9.13.4, 9613.5, 14.12-14.15 in general ........ 4......... 4....... 7.8, 2.9, 5.6.4, 9.10, 15.5 progress payment,.. ... 6.6 .......... 6................, 14.1-14.7 review of ............................ ............ 4.......... 14.4-14.7 Arbitration ................ ..................................... 16.1-16.6 Asbestos -- claims pursuant theretq..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ... 6...... 4.5.2 definition of .......... ..:............ ......... 6.......... I .......... IA Article or Paragraph Number OWNER responsibility fo;............................ 4.5.1, 8.10 possible price and times change ....................... 4.5.2 Authorized Variations in Work,.,....... 3.6, 6.25, 6.27, 9.5 Availability of Lands ......................................... 4.1, 8.4 Award, Notice of--defined......................................1.25 Before Starting Construction..............................2.5-2.8 Bid --definition of........................1.5 (1.1, 1.10, 2.3, 3.3, ........................ 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition Of...................................................1.6 (6.8.2) Bidding Requirements --definition of..........................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds, ................................. 10.5, 11.4.5.9 Cost of the Work.............................................11.5.4 definition of.......................................................1.8 delivery of...................................................2.1, 5.1 final Application for Payment.................14.12-14.14 general......................................1.10, 5.1-5.3, 5.13, ........................................9.13, 10.5, 14.7.6 Performance, Payment and Other...................5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form ........................5.6.2 Cancellation Provisions, Insurance ........ 5.4.11, 5.8, 5.15 Cash Allowances.................................................... J L8 Certificate of Substantial Completion ........ 1.38, 6.30.2.3, ..................................................14.8, 14.10 Certificates of Inspection ...................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.€ 4 ...................9.5, 9.11, 10.2, 10.5, 11.2. , ....................... 13.13,13.14,14.7,15.1, . .5 CONTRACTOR's fee.........................................11.6 Cost of the Work - general ............................................... 114-11.7 Exclusions to...............................................11.5 Cost Records ..................................................... J 1.7 in general ............. J.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing .................................. :....... 11.3.2 Notification of Surety.............:...........................10.5 Scope of....................................................J0.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ,.d Unit Price Work .......................................... 11.9 Article or Paragraph Number Valueof Work..................................................11.3 Change in Contract Times -- Claim for times 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...................................................... 12.3 Delays beyond OWNER's and CONTRACTOR's control............................12.4 Notification of surety ................................ .10.5 Scope of change,,.,,,,.,, .......................... ..10.3-10.4 Change Orders -- Acceptance ofDejeclive Work ..........................13.13 Amending Contract Documents ....................... 3.5 Cash Allowances,,,,,,,,,,,,,,,,, . ............:.... 11.8 Change of Contract Price .....................................11 Change of Contract Times...................................12 Changes in the Work..........................................10 CONTRACTOR's fee.......................................11.6 Cost of the Work.......................................11.4-11.7 Cost Records....................................................11.7 definition of......................................................1.9 emergencies.................................................... 6.23 ENGINEER's responsibility,,,,,,, 9.8, 10.4, 11.2, 12.1 execution of .............................. 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 ............................ 8.6, 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities............................... 4.3.2 Record Documents...........................................6.19 Scope of Change....................................... 10.3-10.4 Substitutes.............................................6.7.3, 6.8.2 Unit Price Work...............................................11.9 value of Work, covered by .............................. 11.3 Changes in the Work................................................10 Notification of surety ................................ 10.5 OWNER's and CONTRACTORS responsibilities ............................................ 10.4 Right to an adjustment .................................. .10.2 Scope of change. ......., --,,,.....10.3-10.4 Claims -- against CONTRACTOR ............................ 6.16 against ENGINEER ......... ....................... 6 32 against OWNER,,,,,,,,,,,, .........0.32 Change of Contract Price,,,,,,,,,,,,,,,,,,,,,,,,,, 9.4, 11.2 Change of Contract Times,,,,, .....9.4, 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, ............................................15.1, 15.5, 17.3 CONTRACTOR's Fee.......................................11.6 Article or Paragraph Nutnber CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work .......................... ... 11.4, 11.5 Decisions on Disputes...............................9.11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpretoS....................... 9.11 Lump Sum Pricing ......................................... 11.3.2 Notice of..........................................................17.3 OWNER's................... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9 ....... 12.1, 13.9, 13.13, 13.14, 17.3 OWR' NEs liability .............................................. 5.5 OWNER may refuse to make payment...„..„.......14.7 Professional Fees and Court Costs Included......................................................17.5 request for formal decision oft............................9.11 Substitute Items ..................... .............., 0.7.1.2 Time Extension.................................................12.1 Time requirements....................................9.11, 12.1 Unit Price Work.............................................31.9.3 Valueof...........................................................1.1.3 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 ............ 3.6.3, 9.4, 9.11 CleanSite............................................................6..17 Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times ..........................2.3 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs ......................¢,22 Completion -- Final Application for Payment .........................14.12 Final Inspection,,,,, ,,,,,, ,,,........................ 14.11 Final Payment and Acceptance ...............J4.13-14.14 Partial Utilization ................................... ......... J4.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims.,,,.,,.. ..........................14.15 Computation of Times...............................17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ........ ............. ............................6.8-6.I 1 Conferences -- initially acceptable schedules .............................. 2.9 precon struction. ............................. ..................... 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report ..........................2.5, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,, 6.4 . Continuing the Work......................................6.29, 10.4' Contract Documents -- Amending..........................................................3.5 Bonds ._ 51 ............................................................ . E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Cash Allowances..............................................11.8 Stop Work requirements,,,,,,,,,,,,,,,,,,,,,,.,,,,...-,..4.5.2 CONTRACTOR's8 Article or Paragraph Number Article or Paragraph -'- Number Change of Contract Price,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, I Change of Contract Times ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,12 Compensation ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,.......11.1-11.2 Changes in the Work ......... .........10.4-10.5 Continuing Obligation,,,,,,,,, ......... ..,,....14.15 check and verify.................................................2.5 Defective Work...,,...,,,,...........,,...... 9.6, 13.10-13.14 Clarifications and Duty to correct defective Work ,,,,,,,,,,,,,,,,,,,,,,,,,,13.1 l Interpretations, ......................... 3.2, 3.6, 9.4, 9.11 Duty to Report -- definition of,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1.10 Changes in the Work caused by ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,, 9.11 Emergency,,,,,,,,,,,,,,,,,,,,,,,,...,,,.,,,,,,,,.,,, 6.23 ENGINEER as OWNER's representative,,,,,,,,,,,,, 9.1 Defects in Work of Others ,,,,,,..,,,.,,,,,,.,,,,,.,,,.,7.3 genera13 Differing condition$,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4.2.3 Insurance ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5.3 Discrepancy in Documents ,,,,,,..2.5, 3.3.2, 6.14.2 Intent ,,, ,,,,,,,,, ,,-,,,,, ............... ,,3.1-3.4 Underground Facilities not indicated,,,,,,,,,, 4.3.2 _ minor variations in the Work ............................. 3.6 Emergencies ,,,,,,,,,,............................................ 6.23 OWNER's responsibility to furnish dat4.............. 8.3 Equipment and Machinery Rental, Cost OWNER's responsibility to make of the Work,,,,,,,,,,,,,,,,,,,,,,, 6....... ,,,,..,,,,,,11.4.5.3 prompt payment.,,,,,,,,,,,,,,,,,,,,,,,, 8.3, 14.4, 14.13 Fee --Cost Plus ,,,,,.,,.,,,,..,,,....,,,,,1164.5.6, 11.5.1, 11.6 -� precedence,,,,,,,,,,,,,, 6.6 ... ,,,,.................... 3.1, 333 General Warranty and Guarantee,,,.,,,,,...,,,,,,,,,,,6.30 Record Documents............................................6.19 Hazard Communication Programs, ..................... 6.22 Reference to Standards and Specifications Indemnification,,,,,,,,,,,,,, ,,,,,,,,,,6.12, 6.16, 6.31-633 of Technical Societies ,,,,,,,,,,,,,,,,,,,,,,,,,,,3.3 Inspection of the Work ............................ ,--73, 13.4 Related Work,,,,,,,,,,, ,,,,,,,,, ................7.2 Labor, Materials and Equipment ,,,,,,,,,,,,,,,,,,.0.3-6.5 `^ Reporting and Resolving Discrepancies ........ 2.5, 33 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Reuse of .7 Liability Insurance 5.4 ............ ......... _6................................... Supplementing ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,3.6 .............................................. Notice of Intent to Appeal ,,,,.,,,,,,,,.,,,...,,,,,9.10, 1064 Termination of ENGINEER's Employment,,,,,,,,,, 8.2 obligation to perform and complete Unit Price Work................................................11.9 the Work .... ........................................... .....630 variations,,,,,,,,,,,,,,,,,,,,,,,,,,,, 3.6, 6.23, 6.27 Patent Fees and Royalties, paid for by, ........ ,.,,.,,, 6.12 Visits to Site, ENGINEER's ............................... 9.2 Performance and Other Bonds.,,,,,,,......................5,.1 Contract Price-- Permits, obtained and paid for by.......................6.13 adjustment of,,,,,,,,,,,,,,, 3.5, 4.1, 964, 10.3, 11.2-11.3 Progress Schedule,,..,,,,...,,,,,,,,,,,,.,;,z.6, 2.8, 2.9, 6.6, Change of ....................... ................................... )I ............................... .........6.29, 10.4, 15,2.1 Decision on Disputes........................................9.11 Request for formal decisionon disputes,,,,,,,,,,,,., 9.11 definition of.. .............. ................... 64 .......... 1.11 Responsibilities -- Contract Times-- Changes in the Work..................................10.1 adjustment of,,,,,,,,,,,,,,3.5, 4.1, 9.4, 10.3, 12 Concerning Subcontractors, Suppliers Change of ..... ....... ......................... _6....... 12.1-12.4 and Others .................. _ 4................ 6.8-6.11 Commencement of,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2.3 Continuing the Work....,,... 4................ .29, 10.4 -. definition of.....................................................1.12 CONTRACTOR's expense,,,,,,,,,,,,,,,,,,,,,,,,,,,6.7.1 CONTRACTOR-- CONTRACTOR's General Warranty Acceptance of Insurance,,,,,,,,,,,,,,,, 6............... $.14 and Guarantee ,,,,,,,,,,,,...,,,,,,,,.,,,,,,,-,,,,,,.6.30 Communications ,,,,,,,,,,,6.6... 4,,,,,,,,,,,,,,,,,,,,6.2, 6.9.2 CONTRACTOR s review prior to Shop Continue Work ,,,,,,,,,,,,,,,,,,,,6....... 6........... 6.29, 10.4 Drawing or Sample submittal,,...,.,.,,,,,., 6.25 _ coordination and scheduling............................0...9.2 Coordination of Work,,,,,,,,,,,,.,.,,.,... .......... , 6.9.2 definition of. ... 4_.............................................1.13 Emergencies ......................................... 4.....6.23 .... Limited Reliance on Technical ENGINEER's evaluation, Substitutes Data Authorized ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4.2.2 or "Or -Equal" Items,, .................... ,,,,.... 0.7.3 '- May Stop Work or Terminate.. 4 ... 4_ ............... For Acts and Omissions _ provide site access to others ,,,,,,,,,,,,,,,,,,,,,,,7.2, 13.2 of Others ,,,,,,,,,,,,,,,,,,,,,,,,,,,,.0.9.1-6.9.2, 9.13 Safety and Protection ...................4.3.1.2, 6.16, 6.18, for deductible amounts,insurance,,,,,,,,,,;;, ... 6.5.9 ................ 46.................. .21-6.23, 7.2, 13.2 general .... ..................... 46............. 0, 7.2, 73, 8.9 Shop Drawing and Sample Review Hazardous. Communication Programs,,,,,,,,,, 6.22 Prior to Submittal........................................6.25 Indemnification,,,,,,,,,,,,,,,,,,,,,...,,.,--,,, 631-633 vii E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ADDENDUM NO. 1 PLAN REVISIONS SHEET 3 — SUMMARY OF QUANTITIES • Item 207, Topsoil — revise quantity to 10 cv • Item 603, 12 inch Reinforced Concrete Pipe - revise item to 12 inch Reinforced Concrete Pipe, Class III" • Item 603, 8 inch Ductile Iron Pipe with V-8" Ductile Iron Sleeve — revise to "8 inch PVC SDR 35 Pipe with V-8" Steel Casing" • Item 604, Manhole, 48" — add "(H = 5')" • Item 606, React 350 Impact Attenuator — delete SHEET 14 — SUPERSTRUCTURE DETAILS • Delete reference to "React 350 Impact Attenuator" SHEET 15 — APPROACH ROADWAY DETAILS (Plan) Change note regarding "8 inch Ductile Iron Pipe with V-8" Ductile Iron Sleeve" to "8 inch PVC SDR 35 Pipe with V-8" Steel Casing" Remove note regarding "Proposed ROW" on bottom of Plan Remove note regarding "React 350 Impact Attenuator" • SHEET 15A — Sanitary Sewer Elevation (8.5 x 11 page) • SHEET 15B — Sanitary Sewer Details (8.5 x 11 page) • City of Fort Collins Standard Shallow Manhole with Flat Top If you have any questions please contact John Stephen, CPPB, Senior Buyer, at 970-221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. M Labor, Materials and Equipment..............6.3-6.5 Laws and Regulations... .6.14 .............................. Liability Insurance......,.. 5.4 Article or Paragraph Number Notice of variation from Contract Documents, .......................................... 6.27 Patent Fees and Royalties. ......... ............. .... 6. 12 Permits...................................................... 0.13 Progress Schedule.........................................6.6 Record Documents,. ......* .......................... 6,19 related Work performed prior to ENGINEER's approval of required submittals ............................................. 0.28 safe structural loading.................................6,18 Safety and Protection ....................6.20, 7.2, 13.2 Safety Representative .................................. fi.21 Scheduling the Work ...................... 6.9.2 Shop Drawings and Sampleg........................ C24 Shop Drawings and Samples Review by ENGINEER ..................................... 6.26 Site Cleanliness..........................................6.17 Submittal Procedures,.. ................................6.25 Substitute Construction Methods and Procedures . ...... ........... I ................. 6.7.2 Substitutes and "Or -Equal" Items .................. 6.7.1 Superintendence............................................. 6 2 Supervision .................................................. 6.1 Survival of Obligations................................6.34 Taxes........................ ......... .........0.15 Tests and Inspections, ....................... .......... 13.5 To Report...... ......... ..2.5 Use of Premises......................6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim,,.,,....... 4, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, ....... I ... 1.9,12.1,13.9,14.8,15.1,15.5,17.3 Safety and Protection ...............„ 6.20-6.22, 7.2, 13.2 Safety Representative . .................. ...... 6.21 Shop Drawings and Samples Submittalg,_,,,6.24-6.28 Special Consultants., ...................................... 11.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense...........................................6.7.1, 6.7.2 Subcontractors, Suppliers and Other4.......... 6.8-6.11 Supervision and Superintendencq......... 6.1, 6.2, 6.21 Taxes, Payment by...........................................6.15 Use of Premises..,......* .............................. 6.16-6.18 Warranties and guarantees, .........................6.5, 6.30 Warranty of Title ... I......... .......................... .....14 3 Written Notice Required -- CONTRACTOR stop Work or terminate ........ 15.5 Reports of Differing Subsurface and Physical Conditiong .......................4.2.3 Substantial Completion................................ 14.8 hii CONTRACTORS --other... ...........................................7 Contractual Liability Insurance..............................$,4.10 Contractual Time Limits..... I.. .12.2 Article or Paragraph Number Coordination- CONTRACTOR's responsibility ........................6.9.2 Copies of Documents,....... ............................... 2.2 Correction Period..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general...................................10.4.1, 13.10-13.14 Acceptance of Defective Work...........................13.13 Correction or Removal of Defective Work . .................. *............. 6.30, 13.11 Correction Period............................................13.12 OWNER May Correct Defective Work .............. J 3.14 OWNER May Stop Work ................... .............. 13.10 Cost -- of Tests and Inspection$ .................................... 13.4 Records11.7 Cost of the Work -- Bonds and insurance, additional...................11.4.5.9 Cash Discounts.............................................., 11.4.2 CONTRACTOR's Fee.......................................11.6 Employee Expenses ............................... 11.4.5.1 Exclusions to,.„.,.... ...................................... 11.5 General 11.4-1 1.5 Home office and overhead expense$ ................... 11.5 Losses and damages.....................................11A.5.6 Materials and equipment ............................. ..11.4.2 Minor expenses...........................................11.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors...........................11.4.3 Records11.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments, permits and license fees. ........................................... J 1.4.5.5 Site office and temporary facilitie$................ J 1.4.5.2 Special Consultants, CONTRACTOR'S......,,,, 11.4.4 Supplemental....... ..................... ....._j 1.4.5 Taxes related to the Work.............................11.4.5.4 Tests and Inspectio.......................................... 13.4 Trade Discounts ............................................. J 1.4.2 Utilities, fuel and sanitary facilitie$..............11.4.5.7 Work after regular hours ............... ...11.4.1 Covering Work...............................................13.6-13.7 Cumulative Remedies" . ...... ......... .... .......... ... 17.4-17.5 Cutting, fitting and patching ................................ 7.2 Data, to be furnished by OWNER ............................. 8.3 Day --definition of................................................17.2.2. Decisions on Disputes .................................... 9.11, 9.12 defective --definition of„ ............. .......................1.14 defective Work-- Acceptance of ..................................._,10.4.1, 13.13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of.....................10.4.1, 13.11 Correction Period............................................13.12 in general.........................................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defects .... ........... *................... 13.1 Rejecting...........................................................9.6 Uncovering the Work.......................................13.8 Definitions I Delays.......I............................. 4.1, 6.29, 12.3-12.4 Delivery of Bonds....................................................2.1 Delivery of certificates of insurance ............................7.7 Determinations for Unit Prices 9.10 Differing Subsurface or Physical Conditions -- Noticeof........................................................4.2.3 ENGINEER's Review ....................................... 4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustment* ............. 4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14.2 Dispute Resolution-- Agreement................................................16.1-16.6 Arbitration................................................16.1-16.5 general16 Mediation........................................................16.6 Dispute Resolution Agreement.........................16.1-16.6 Disputes, Decisions by ENGINEER .................. 9.11-9.12 Documents -- Copiesof .......................................................... 2.2 Record 6.19 Reuseof ........................................................... 3.7 Drawings --definition of ........................................... j.15 Easements.............................................................4.1 Effective date of Agreement -- definition of .............J.16 Emergencies...........................................................6.23 ENGINEER -- as initial interpreter on disputes .................9.11-9.12 definition of.....................................................1.17 Limitations on authority and responsibilitieg,.,,.9.13 Replacementof .................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of .................1.18 ENGINEER's-- authority and responsibility, limitations or) ..... _9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for,...... 9.7, 10, 11, 12 Clarifications and Interpretations ...............3.6.3, 9.4 Decisions on Disputes .............................. 9.11-9.12 defective Work, notice of.................................13.1 Evaluation of Substitute Items..........................t:.7.3 Liability...................................................4.32, 9.12 Notice Work is Acceptable..............................14.13 Observations...........................................0.30.2, 9.2 OWNER'S Representative....................................9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9, 14 Recommendation of Payment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on.................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ............................. 4.2.4 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status During Construction -- authorized variations in the Work..................9.5 Clarifications and Interpretations ..................9.4 Decisions on Disputes..........................9.11-9.12 Determinations on Unit Pricq......................9.10 ENGINEER as Initial Interpreted......,.. .......... ENGINEER's Responsibilities................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilitie4..............................9.13 OWNER's Representative..............................9.1 Project Representative...................................9.3 Rejecting Defective Work..............................9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations..................................9.10 Visits to Site.......................................................9.2 Written consent required .............................. 7 -`• 1 Equipment, Labor, Materials and.........................0._ - 1.5 Equipment rental, Cost of the Work .................. 11.4.5.3 Equivalent Materials and Equipment .........................6.7 error or omissions ............................ ....................0.33 Evidence of Financial Arrangements ....................... F.I I Explorations of physical condition* ....................... 4.2.1 Fee, CONTRACTOR's--Costs Plus ...........................11.6 Field Order -- definition of ................. ............ ..........:............. 1.19 issued by ENGINEER................................3.6.1, 9.5 Final Application for Payment..............................14.12 Final Inspection...................................................14.11 Final Payment -- and Acceptance.....................................14.13-14.14 Prior to, for cash allowances...............................11.8 General Provisions .......................................... 17.3-17.4 General Requirements-- - definition of.....................................................1.20 principal references tq..............7.6, 6.4, 6.6-6.7, 6.24 Giving Notice ................................ .........................17.1 Guarantee of Work --by CONTRACTOR...,.... 6.30, 14.12 Hazard Communication Programs ...........................6.22 Hazardous Waste -- definition of.....................................................1.21 general............................................................. 4.5 OWNER's responsibility for .............................. 8.10 1x EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) ..., w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) r Indemnification 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules,,.. 2.9 ............................. . Inspection -- Certificates of ........................ 9.13.4, 13.5, 14.12 Final ........ ...................14.11 Article or Paragraph Number Special, required by ENGINEER ................ „ 9.6 Tests and Approval,,,,,,,,,,,,, ,,,,,,,,,8.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work............................................11.4.5.9 Before starting the Work .................... 2_7 Bonds and --in general,,,,,, 5 Cancellation Provisions ...................................... 5.8 Certificates of...................7.7, 5, 5.3, 5.4.11, 5.4.13, ........................5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations .................................... 5.4.13 CONTRACTOR's Liability ............... 5A CONTRACTOR's objection to coverage ............ .5.14 Contractual Liability......................................5.4.10 deductible amounts, CONTRACTOR's responsibility................................................5.9 Final Application for Payment .................. 14.12 Licensed Insurers ................................................ .............................. Notice requirements, material change$ ........ 5.8, 10.5 Option to Replace .............................................5.14 other special insurance$ .............. 5.10 OWNER as fiduciary for insureds .............5.12-5.13 OWNER's Liability............................................5.5 OWNER'S Responsibility....................................8.5 Partial Utilization, Property Insurancq...............5.15 Property............ ................. ............. I ..........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 Document4................ 3.1-3.4 Interpretations and Clarifications .....................3.6.3, 9.4 Investigations of physical conditions,,, ., 4.2 Labor, Materials and Equipment ................ .... 6.3-6.5 Lands -- and Easements .................................. ............... $.4 Availability of.............................................4.1, 8.4 Reports and Tests...............................................$.4 Laws and Regulations --Laws or Regulations-- Bonds....................................................5.1-5.2 Changes in the Work......................................10.4 Contract Documents...........................................3.1 CONTRACTOR's Responsibilities ................... Correction Period, defective Work,,,,,,,,,,,,,,, .6.14 , 13.12 Cost of the Work, taxes ............................ 11.4.5.4 definition of, ....... 1.22 general6.14 Indemnification ................... .. 6.31-6.33 fA Insurance, ........ ...... ............ .............. ..... ........ 5.3 Precedence................................................3.1, 3.3.3 Reference to....................................................3.3.1 Safety and Protection ....................... 6.20, 13.2 Subcontractors, Suppliers and Other4........... 6.8-6.11 Article or Paragraph Number Tests and Inspections ...................... 13.5 Use of Premises ................... ......................6.16 Visits to Site............:..........................................9.2 Liability Insurance-- CONTRACTOR's............................................... 5.4 OWNERS........................................................... 5.5 Licensed Sureties and Insurer4.................... 5.3 Liens -- Application for Progress Payment ................ 14.2 CONTRACTOR's Warranty of Title,,,,,,,,,,,,,,,,,,, 14.3 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......................................................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment ................. 14.12 Manuals (of others)-- Precedence....................................................3.3.3.1 Reference to in Contract Documentg..................33.1 Materialsandequipment-- furnished by CONTRACTOR ..................... . .6.3 not incorporated in Work...................................14.2 Materials or equipment--equivalenl...................... 6.7 Mediation (Optional)..............................................16.7 Milestones --definition of........................................1.24 Miscellaneous -- Computation of Times.......................................17.2 Cumulative Remedies ........................................ J7.4 Giving Notice ....................................................17.1 Notice of Claim ............................. ............. .......17.3 Professional Fees and Court Costs Included........ 17.5 Multi -prime contracts ............................ 7 ............ Not Shown or Indicated ................ 4.3.2 Notice of-- AcceptabilityofProject............. 14.13 Award, definition of ........................... Claim.................................................... .j.25 17 3 Defects,13.1 Differing Subsurface or Physical Conditions ...... 4.2.3 Giving............................................................1.7.1 Tests and Inspection4........................................13.3 Variation, Shop Drawing and Sample.................0.27 Notice to Proceed -- definition of ............. ........................................1.26 givingof.... ........................................................ 2.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety..............................................10.5 Observations, by ENGINEER .... ......6.30, 9.2 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....................................................5.14 Article or Paragraph Number "Or Equal" Items......................................................0.7 Other work 7 Overtime Work --prohibition of.................................6.3 OWNER -- Acceptance ofdefective Work ..........................13.13 appoint an ENGINEER......................................8.2 as fiduciary ...............................................5.12-5.13 Availability of Lands, responsibility ....................4.1 definition of.....................................................1.27 data, furnish......................................................8.3 May Correct Defective Work...........................13.14 May refuse to make payment„ ...........................14.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate............................$.8, 13.10, 15.1-15.4 Payment, make prompt.....................F.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirementA .....................0.13 purchased insurance requirements,,,,,,,,,,,,,, 5.6-5.10 OWNERS -- Acceptance of the Work..............................0.30.2.5 Change Orders, obligation to execut(;,,,,,,,,,, 8.6, 10.4 Communications ............................................... 8.1 Coordination of the Work...................................7.4 Disputes, request for decisior1............................9.11 Inspections, tests and approvals..................$.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects .............................................. ) 3.1 Representative --During Construction, ENGINEER's Status......................................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................$.10 Change Orders ............................................. 8.6 Changes in the Work .................................. 10.1 communications............................................8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangement$..............$.11 inspections, tests and approvals .....................8.7 insurance...................................................... 8.5 lands and easements.....................................8.4 prompt payment by.........................................8.3 replacement of ENGINEER ...........................$.2 reports and tests............................................8.4 stop or suspend Work..................8.8, 13.10, 15.1 terminate CONTRACTORS services..........................................8.8, 15.2 separate representative at site..............................9.3 testing, independent,,,,,,..... use or occupancy of the Work ................... written consent or approval required ........................ .......................... 13.4 5.15, 6.30.2.4, 14.10 .......I....9.1, 6.3, 11.4 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) �. w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) r Article or Paragraph Number written notice required ........................7.1, 9A, 9.11, ....................................11.2, I L9, 14.7, 15.4 PCBs -- definition of......................................................1.29 general..............................................................4.5 OWNER's responsibility for ........................ .9.10 Partial Utilization -- definition Of... .................................................. 1.28 general6.30.2.4, 14.10 Property Insurance.............................................5.15 Patent Fees and Royalties ............................. 6.12 Payment Bonds ..... ............... ............................... 5.1-5.2 Payments, Recommendation of ......... .... 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title...................14.3 Final Application for Payment ;,,...... ................. 14.12 Final Inspection .............................................. 14.11 Final Payment and Acceptance................14.13-14.14 general.........................................................$ 3, 14 Partial Utilization............................................14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments .... ............................ 14.4-14.7 prompt payment..................................................8.3 Schedule of Values, .......................................... 14.1 Substantial Completion ..................... .......... 14.8-14.9 Waiver of Claims ............................................ 14.15 when payments due ................................ 14.4, 14.13 withholding payment........................................ ,14.7 Performance Bonds.............................................. Permits .......................................................... „(.13 Petroleum -- definition of.....................................................1.30 general..............................................................4.5 OWNER's responsibility for,,,,,,,,,,,,,,,,,,,,,,,, 8.10 Physical Conditions -- Drawings of, in or relating tq...................... 4,2.1,2 ENGINEER's review,,,......_ 4.2.4 existing structures...........................................4.2.2 general4.2.1.2................................................. Notice of Differing Subsurface or, .................... 4.2.3 Possible Contract Documents ChanBe...............4.2.5 Possible Price and Times Adjustments,,,,,,,,,,,,,, 4.2.6 Reports and Drawings, ...................................... 4.2.1 Subsurface and....................................................4.2 Subsurface Conditions 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities -- general .................. ......I .................4.3 ............... Not Shown or Indicaed 43.2 Protection of ............... 4.3, 6.20 ........................................ Article or Paragraph Number Shown or Indicated, ................................................ 4.3.1 Technical Data ....:........ ... ................................ 4.2.2 Preconstruction Conference ............................. 2,8 Preliminary Matters .....................................................? Preliminary Scheduless............................................. 2.6 Premises, Use of ............................................. 6.16-6.18 Price, Change of Contract..........................................I I Price, Contract --definition of .................................. 1.11 Progress Payment, Applications for ..........................14.2 Progress Payment--retainage.........., 14.2 Progress schedule, CONTRACTOR's,........... ;.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,,,,,,,,,.. 9.3 Project Representative, Resident --definition of ......... 1.33 prompt payment by OWNER ..................................... 83 Property Insurance-- Additional.........................................................5.7 general5.6-5.10 Partial Utilization ..I....5.15, ........................ 14.10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and .............................. 6.20-6.21, 13.2 Punchlist..........................................................14.11 Radioactive Material— defintion of .... .... .......:...................................... 1.32 genera14.5 OWNER's responsibility for .................. ;............ $.to Recommendation of Payment .................. 14.4, 14.5, 14.13 Record Documents ............................ 6.19, 14.12 Records, procedures for maintaining,,,,,,,,,,,,,,, .......... 2.8 Reference Points,,,,,,,,,,,,,,,,,,,,,,, ................................. 4.4 Reference to Standards and Specifications of Technical Societies ........................... 3.3 Regulations, Laws and (or),.,,, Rejecting Defective Work..........................................9.6 Related Work -- atSite ............................. ..................... ......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 ................ J3.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,,,,, 8.2 Reporting and Resolving Discrepancies, ................................ 2.5, 3.3.2, 6.14.2 Reports -- andDrawings .................................................. ............................. ................. .. 4.2.1 and Tests, OWNER's responsibility .....................8A Resident and Project Representative— definition of ............................. - ......:..1.33, provisionfor............................................................ 9.3 xii ESCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number Resident Superintendent, CONTRACTOR'S...............6.2 Responsibilities— CONTRACTOR's-in general .................................. 6 ENGINEER's-in general........................................9 Limitations on, ............................................ P.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 ........................................... JO.2 Rightsof Way..........................................................4.1 Royalties, Patent Fees and„....................................6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.3.2, 6.16, 6.18, ......................................6.20-6.21, 7.2, 13.2 general.....................................................6.20-6.23 Representative, CONTRACTORS........................6j.21 Samples -- definition of......................................................1.34 general......................................................0.24-6.28 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 ............................. Z.6, 2.8-2.9, 6.6, .... ......... ............6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................7.6, 2.8-2.9, 6.24-6.28 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................0..6 Change of Contract Times ............................ "'10.4 Initially Acceptable ...................................... 2.8, 2.9 Preliminary........................................................2.6 Scope of Changes......................................10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings -- and Samples, general ................................ 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.....................................................6.28 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 .............................. .6.7.3 Shown or Indicated 4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness......................................................0.17 Site, Visits to -- by ENGINEER .......................................... 9.2, 13.2 byothers..........................................................13.2 "special causes of loss" policy form, insurance........................................................5.6.2 definition of.....................................................1.36 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 ................... :....... .........2A 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 ................................................0.8-6.11 definition of ...................................................... 1.37 delays.............................................................12.3 waiver of rights................................................6.1 t Subcontractors --in general.................................6.8-6.11 Subcontracts --required provision$ .......5.11, 6.11, 11.4.3 Submittals -- Applications for Payment.................................14.2 Maintenance and Operation Manual$..............14.12 Procedures...................................................... 6.25 Progress Schedules......................................2.6, 2.9 Samples...................................................0.24-6.28 Schedule of Values, .................................... 2.6,14.1 Schedule of Shop Drawings and Samples Submissions ..................................... 2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion -- certification of ............................6. 30.2.3, 14.8.14.9 definition of. .................................................... J.38 Substitute Construction Methods or Procedures,,,,,.. 6.7.2 Substitutes and "Or Equal" Items...............................6.7 CONTRACTOR's Expense............................6.7.1.3 ENGINEER's Evaluation.................................6.7.3 "Or -Equal" .................................................. 6.7.1.1 Substitute Construction Methods xiii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) .r Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items.............................................6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatug to ..................... 4.2.1.2 ENGINEER's Review,,,,, ..., ....... ............ 4,2.4 general..............................................................4.2 Limited Reliance by CONTRACTOR Authorized .......................................... .......4.2.2 Notice of Differing Subsurface or Physical Conditions.........................................4.2.3 Physical Conditions .............•........................ 4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price and Times 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, ,,,,,,,,,,,,,,................ ................ .4.2.2 Supervision— CONTRACTOR's responsibility ................ 6.1 OWNER shall not supervise .......................... 8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13.2 Superintendence ........................... .................. ..........6.2 Superintendent, CONTRACTOR's resident.„.„..-.,.„.6.2 Supplemental costs... ........................................... 11.4.5 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, ................. 5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents ..................... Supplier -- •.3.6 definition of.....................................................1.40 principal references tq........... 3.7, 6.5, 6.8-6.11, 6.20, ..........................................0.24, 9.13, 14.12 Waiver of Rights ............................................... b.l 1 Surety -- consent to final payment ........................14.12, 14.14 ENGINEER has no duty to .................. .... 9.13 Notification of,,,,,,,,,,,,,,,,, 10.1, ................. 10.5, 15.2 qualification of.............................................5.1-5.3 Survival of Obligations ........................................... 6.34 Suspend Work, OWNER May .......................13.10, 15.1 Suspension of Work and Termination-; ... .... ........... .. 15 CONTRACTOR May Stop Work or Terminate. . ............................................ 15.5 OWNER May Suspend Work .................. •...... 15.1 OWNER May Terminate ... .......................... j5.2-15.4 Taxes --Payment by CONTRACTOR,,,,_ ............. ......0.15 Technical Data -- Limited Reliance by CONTRACTOR •....., ••4.2.2 Possible Price and Times Adjustmentg..............4.2.6 Reports of Differing Subsurface and Physical Conditions ................................. ...4.2.3 xiv Temporary construction facilities, ............................. 4.1 Article or Paragraph Number Termination-- by CONTRACTOR...........................................15.5 by OWNER.....................................I..8.8, 15.1-15.4 ofENGINEER'semployment ............................... $.2 Suspension of Work-in general .............. Terms and Adjectives .......................... ....................3.4 Tests and Inspections— Access tothe Work, by others ,.,,,,,•,..,...-•••...•. CONTRACTOR'sresponsibilities .................. „13.2 .13.5 cost of 13.4 covering Work prior to ............................... 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 .......................... ............... 9.6 timely notice required,,.. •... _.. • • •............ •.......... A Uncovering the Work, at ENGINEER's •.13 request ................... ................ .............. 13.8-13.9 Times-- Adjusting...........................................................6.6 Change of Contract..............................................12 Computation of,,,,,, 17.2 Contract Times --definition of ........................... 1.12 day.........................................................17.2.2 Milestones..........................................................12 Requirements-- appeals.................................................9.10, 16 clarifications, claims and disputes .................. 9.11, 11.2, 12 Commencement of Contract Times ................ 2.3 Preconstruction Conference.••,,,,,,, schedules.........................................2.6, 2.9, 6.6 Starting the Work ..... ...........• ......................... 2.4 Title, Warranty Of ................................................... 14.3 Uncovering Work ..................... ...... .... ............. 13.8-13.9 Underground Facilities, Physical Conditions-- definition of " .......................... Not Shown or Indicated...,•...................................4.3.2 protection of ............................................. 4.3, 6.20 Shown or Indicated... ....................................... 4.3.1 Unit Price Work-- claims.........................................................11.9.3 definition Of ..................................................... 42 -. general 11.9, 14.1, 14.5 Unit Prices -- general l 1.3.1 Determination for .,,,,...••... ,..•............................9..10 Use of Premises ....... •.... ,I.................. 6.16, 6.18, 6.30.2.4. Utility owners,,, •.....•., .......6.13, 6.20, 7.1-7.3, 132. Utilization, Partial .................. 1.28, 5.15, 6.30.2.4, 14.10 Value of the Work ...... .......... ............................. 11.3 •••, Values, Schedule Of .............................. ..................•..2.6, 2.8-2.9, 14.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Variations in Work --Minor Authorized, .......................................6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER .................................... U Waiver of Claims --on Final Payment ................ ....14.15 Waiver of Rights by insured partie$..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................0.30 Warranty of Title, CONTRACTOR's........................j4.3 Work -- Accessto..........................................................13.2 byothers............................................................... 7 Changes in the.....................................................10 Continuing the ................... ............ :.................. 0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of...................................................7A Cost of the.................................................1 1.4-11.5 definition of......................................................1.43 neglected by CONTRACTOR...........................13.14 otherWork........................................................... 7 OWNER May Stop Work....... I ......................... 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.............................15.5 Stopping by OWNER,,.,.,,,,,_„....................15.1-1SA Variation and deviation authorized, minol........... 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....................................I................1.45 principal references to..............1.10, 3.5, 5.10,15.12, .........................6.6.2, 6.8.2, 6.19, 10.1, 10.4, ............................. 11.2, 12.1, 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 .....................Q.10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) (This page left blank intentionally) xh EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) GENERAL CONDITIONS ARTICLE I —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. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. 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, 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration, 1.5. Bid —The offer or proposal of the bidder, submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents --The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). L7. Bidding Requirements —The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) iw/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (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 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. 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. 1.18. ENGINEER'S Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. Addendem No. 1 City of Fort Collins September, 2002 Taft Hill Road Bridge Over New Mercer Ditch Item No. Description Unit Estimated Quantity Unit Cost Item Total 201 Clearing and Grubbing LS 1 202 Removal of Structure LS 1 202 Removal of Sidewalk SY 35 202 Removal of Curb and Gutter LF 86 202 Removal of Inlet Box EA 1 202 Removal of Manhole EA 1 202 Removal of Sanitary Sewer Pipe LF 43 202 Removal of Storm Sewer Pipe LF 9 202 Removal of Fence LF 73 202 Pavement Removal SY 138 203 Unclassified Excavation (CIP) CY 10 203 Embankment (CIP) CY 10 206 Structure Excavation CY 1064 206 Structure Backfill (Class 1) CY 665 207 Topsoil CY 10 208 Silt Fence LF 381 212 Seeding (Native) ACRE 0.1 213 Mulching (Hydraulic) ACRE 0.1 304 Aggregate Base Course (Class 6) CY 25 501 Steel Sheet Piling (Type 2) SF 1440 503 Drilling Caisson (24 inch) LF 780 Page 1 of 2 1.20. General Requirements —Sections of Division 1 of the Specifications. 1.21. 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, authorities and courts having jurisdiction. 1.22.b. Legal Holidays —shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. 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 ofAward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26, Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1,28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edibm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours —Regular working hours are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications --Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. 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 terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materiabnan or vendor having a direct contract with CONTRACTOR or with any Subcontractorto furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. IAA 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 certificates of insurance (and other evidence of insurance reasonably --request requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.46 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, at least ten days befefe submissien efthe first before any work at the site beeins a conference attended by CONTRACTOR ENGINEER and others as apprepriate 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 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as. providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to WCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. 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 writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or 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 of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", .,as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such 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: 3.5. 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 10A), or EICDC 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 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Doeumems. 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Of OF filifig a ffleehanie'sh ea 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. 4.2.2. Limited Reliance by CONTRACTOR Authorized, Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 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 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edifim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, prefnptly 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. 4.2.5. 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: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. 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 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6A.1. CONTRACTOR knew of the existence of such conditions. at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. 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 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles I 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 furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. 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, (ii) 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 6.20 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 6.23), identify the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) wl 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. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shell 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: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive 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. M. +rern�se�ra+r�rrzrr.�r.:nrsr.. E1CDC GENERAL CONDITIONS 1910-5 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ARTICLE 5—BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall famish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the -- Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also famish such other Bonds as are required by the Supplementary Conditions. All Bonds _ shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any 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 purchase and maintain m accordance with nara¢anh 5.4. 0AWEIt--eheN CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; lli !.Y • !• _ _ 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; EICDC GENERAL CONDITIONS 1910-9 (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 6.12, 6.16 and 6.31 through 6,33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may he correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: IIY19b�lh - ::..: l-111 iRiiiWN-i1ll .: . �iiksF�t411!t�Fll - :. :j eeverage, theft, N�andabsffi And Mal Pie -HA filisehie Ae...e.... .. ...... ....eh ether L.. pepils as may 5.6.3. nelude expenges Red in the limited fees and eLe...e.. ..f a and �I• . TR11�T!�'RSRT..RT.fl1".lT.► .. . .. __. .... . . ..... ... .... " MN".. -~�Moai • i i}!� ON FARM- 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in _ • a . . FJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) CTt!'_PWiR RiGINEERAGensultants A the ffi 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 paragraph5.13. 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 d if fee fed in wFiting by Acceptance of Bonds and Insurance; Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bonds insurance required to be purchased and maintained by the other CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the OWNER will notify CONTRACTOR in writing within ten fifteen days after reeeipt delivery of the certificates (or-aUw-evidenee requested to OWNER as required by paragraph 2.7. patty does not l3teehase-er-Faginta6ffl sit nf the Bends an issuFmoo FequiFed of sash pa" by the Contra Hmil' �I l Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby: The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's 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 Workrne Hours 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 12 wi CITY OF FORT COLLINS MODIFICATIONS (REV 412000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution -is - permitted, other items of material or equipment or material or equipment of other Suppliers may be — accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal": If in ENGINEER's sole — discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may _ be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. _ 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or — equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance '- thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the -. same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the 'proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed — substitute and whether or not incorporation or use of the substitute in connection with the Work is -. subject to payment of any license fee or royalty All variations of the proposed substitute from that, — specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including cos(s of _. redesign and claims of other contractors affected