HomeMy WebLinkAbout108423 VOGEL CONCRETE - CONTRACT - BID - 5601 PEDESTRIAN ACCESS PROJECT (7)SPECIFICATIONS AND
CONTRACT DOCUMENTS FOR
PEDESTRIAN ACCESS PROJECT
BID NO.5601
City of Fort Collins
BID OPENING:
PURCHASING DIVISION
256 WEST MOUNTAIN AVE., FORT COLLINS
APRIL 245 2001 - 3:00 P.M. (OUR CLOCK)
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3.2. In accordance with Section 8-159 of the Code of the City of Fort
Collins in determining whether a bidder is responsible, the following shall
be considered: (1) The ability, capacity and skill of the bidder to perform
the contract or provide the services required, (2) whether the bidder can
perform the contract or provide the service promptly and within the time
specified without delay or interference, (3) the character, integrity,
reputation, judgment, experience and efficiency of the bidder, (4) the
quality of the bidder's performance of previous contracts or services, (5)
the previous and existing compliance by the bidder with laws and ordinances
relating to the contract or service, (6) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the -,
service, (7) the quality, availability and adaptability of the materials
and services to the particular use required, (8) the ability of the bidder
to provide future maintenance and service for the use of the subject of the
contract, and (9) any other circumstances which will affect the bidder's
performance of the contract.
3.3. Each Bidder may be required to show that he has handled former Work
so that no just claims are pending against such Work. No Bid will be
accepted from a Bidder who is engaged on any other Work which would impair
his ability to perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract
with the City or in the payment of any taxes, licenses.or other monies due
to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to
(a) examine the Contract Documents thoroughly, (b) visit the site to
familiarize himself with local conditions that may in any manner affect
cost, progress or performance of the Work, (c) familiarize himself with
federal, state and local laws, ordinances, rules and regulations that may -,
in any manner affect cost, progress or performance of the Work, (d) study
and carefully correlate Bidder's observations with the Contract Documents,
and (e) notify Engineer of all conflicts, errors or discrepancies in the
Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification
of: Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement of
this Article 4, that without exception the Bid is premised upon performing
and furnishing the Work required by the Contract Documents and such means,
methods, techniques, sequences or procedures of construction as may be
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Section 00100 Page 2
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals.
627. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
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 625.1.
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. COATRACTOR's General Warranty and
Guarantee:
630.1. 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
630.1.2. 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
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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
part thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any
failure to do so;
6.302.6. 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
harmless OWNER, ENGINEER, ENGINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage:
(i) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (ii) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
632. In' any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
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any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
633. The indemnification obligations of
CONTRACTOR under paragraph 631 shall not extend to
the liability of ENGINEER and ENGINEERS Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
Survival of ObUgadons.
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 I 1 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 extern thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNER'S employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs. Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
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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 nonapparem 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;
7.4.2. 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.
82. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer against
whose status under the Contract Documents shall be that
of the former ENGINEER.
8.3. OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.1
and 4.4. Paragraph 42 refers to OWNER's identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
1.
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
iabil, and in
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 paragraphs13.10 and 15.1.
Paragraph 152 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances.
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents.
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ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
OWAWR'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
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that has been made and the quality of the various aspects
of CONTRACTORS executed Work. Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work. ENGINEER's
visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work.
Project Representative.
9.3. If OWNER and ENGINEER agree, ENGINEER
will fun ish 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
Genditiees 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 n,,.,o,.,,,11 0 1
9.32. Duties and Responsibilities Representative
will.
9.32.1. Schedules - Review the progress
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schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability
9.3.2.2__ Conferences and Meeting - Attend
meetim with the CONTRACTOR such as
preconstruction conferences. progress meetings
and other iob conferences and prepare and
circulate copies of minutes of meetings.
9.3.2.3. Liaison
932 3.1. Serve as ENGINEER'S liaison
with CONTRACTOR working princitWly
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
932 .3.2. Assist in obtaining from OWNER
additional details or information. when
reeired for grocer execution ofthe 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- Reiection of Defective
Work Inspections and Tests -
9.32.4.1. Conduct on -site observations of
the Work in progress to assist the ENGINEER
in determininc that the Work is proceeding m
accordance with the Contract Documents.
9 32 4 3 Accompany visiting inspectors
representing public or other agencies haven¢
jurisdiction 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
, iprifl dgM and interpretations of the Contract
Documerrts are needed and transmit to
CONTRACTOR clarification and interpretation
of the Contract Documents as issued by the
ENGINEER
o a 6 Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
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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.
9.32.7.3. Record names.
addresses and teleohone numbers of all
CONTRACTORS subcontractors and
major suppliers of equipment and materials.
9.32.8. Reports.
9 3 2 81 Furnish ENGINEER periodic
reports as reguired. of the progress of the
Work and of the CONTRACTOR'S
compliance with the wogress schedule and
schedule ofslic Drawing and sample
submittals.
9.32.8.2. Consult with ENGINEER in
advance of scheduling maior tests.
insmWons 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 Chance
Orders. Work Directive Chances and field
orders.
9 32 8 4 Report immediately to
ENGINEER and OWNER the occurrence of
any accident.
9 3 2 9 Payment Reauests Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
wo
ENGINEER. noting particularly the relationship of
the paymend requested to the schedule of values
work completed and materials and equipment
delivered at the site but not incorporated in the
Work.
9.3.2.10. Completion.
9.32.10.1. Before ENGINEER issues a
Certificate of Substantial CQ=Ie—tiorL submit
to CONTRACTOR a list of observed items
requiring correction or completion
9.32.10.2. Conduct final inspection in the
commy of the 1-MINUE& 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 hs_t have been corrected or completed and
make recommendations to ENGINEER
concemmg acceptance
9.3.3. Limitation of Authority The Representative shall
not:
9.3.3.1. Authorize any deviations from the
Contract Documents or adapt 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 Cottract Documents
9.3.3.3. Undertake any of the responsibilities
of the CONTRACTOR Subcontractors or
CONTRAUFOR'S superintendent
9.3.3.4. Advise on or issue directions relative
to, or assume control over any aspect of the
means. methods, techniques sequences or
procedures for construction unless such is
specifically called for in the Contract Documents
9.3.3.5. Advise on or issue directions
regarding or assume control over safety
precautions and programs in connections with the
Work.
9.3.3.6. Accept Shop Drawings or sample
submittals from anyone other than the
CONTRACTOR
9.3.3.7. Authorize OWNER to occupy the
Work in whole or m part
9.3.3.8. Partici ate in specialized field or
laboratory tests or inspections conducted by others
except as specifically authorized by the
ENGINEER.
Clarifications and Interpretations.
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
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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 Order justifies an adjustment in the Contract Price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or 12.
Rejecting Defective Work.
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' 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 Pricer.
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
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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 party may
have with respect to ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR. Such appeal will not be subject to the
procedures of paragraph 9.11.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 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
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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 arty
such claim, dispute or other matter .
9.13. Linutadons 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 famishing or
performance of the Work. ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract
Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or famishing any of the
Work.
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and
responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER'S Consultants, Resident Project
Representative and assistants.
ARTICLE 10—CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to arty surely, 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 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.5 and 3.6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (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
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
(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 claimants 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 ojhe Work.
11.4. The team 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 -tame on the Work shall
be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, -but a 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-rdiFement benefitssbemmw,
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 famished
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 refimds 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 fiunished by
Subcontractors. If required by OWNER,
EJCDC GENERAL CONDITIONS 19104 (1990 Edition)
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.
11.4.52. Cost, including transportation and
maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Work, and cost less market
value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof —all
in accordance with terms of said rental
agreements. The renal of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
I
Qgi
performance and famishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5.9), provided they
have resulted from causes other than the
negligence of CONTRACTOR any
Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER. No such losses, damages
and expenses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTOR's fee. I$ however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a fee
Proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams,
long distance telephone calls, telephone service at
the site, expressage and similar petty cash items in
connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
11.5: The term Cost of the Work shall not include any.of
the following:
11.5.1. Payroll costs and other compensation of
CONTRACTORSs 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 I IA. 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 paymerits.
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).
EICDC 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 I I.4.
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 percert;
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
paithed a
to be negotiated
in good faith with the OWNER but not to exceed
five nercert of the amount raid to the next lower
her 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
11.62.6. when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR' 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 IlA and 1115,
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 Price Work:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
11.9.2. Each unit price 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 11 if
11.93.1. the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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
11.93.3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or change quantities at OWNER'S sole
discretion without affecting the Contract Price of
any remaining item so long as the deletion or
addition does not exceed twenty-five g ref
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 evert giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event. All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12.1. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions or acts of God. Delays attributable to and
o"
indicated in
Documents ar,
understanding
the Work.
)r required by the Contract Documents, and that the Contract
sufficient in scope and detail to indicate and convey
of all terms and conditions for performance and furnishing of
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to
be submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be
issued only by Addenda. Questions received less than seven days prior to
the date for opening of the Bids may not be answered. Only questions
answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this project should be directed
to the Engineer. Questions regarding submittal of bids should be directed
to the City of Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the
OWNER as having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in
the amount stated in the Invitation to Bid. The required security must be
in the form of a certified or bank cashier's check payable to OWNER or a
Bid Bond on the form enclosed herewith. The Bid Bond must be executed by
a surety meeting the requirements of the General Conditions for surety
bonds.
6.2. The Bid Security of the successful Bidder will be retained until such
Bidder has executed the Agreement and furnished the required contract
security, whereupon Bid Security will be returned. If the successful
Bidder fails to execute and deliver the Agreement and furnish the required
contract security within 15 days of the Notice of Award, OWNER may annul
the Notice of Award and the Bid Security of that Bidder will be forfeited.
The Bid Security of other Bidders whom OWNER believes to have reasonable
chance receiving the award may be retained by OWNER until the earlier of
the seventh day after the effective date of the Agreement or the thirty-
first day after the Bid Opening, whereupon Bid Security furnished by such
Bidders will be returned. Bid Security with Bids which are not competitive
will be returned within seven days after the Bid opening.
7/96 Section 00100 Page 3
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
DEFECTIVEWORK
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
rule —times for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
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
EiCDC GENERAL CONDITIONS 191M (1990 Edition)
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
CONTRACTORS 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 furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or arty 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 surely or other party.
Correction or Renal 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 site yee> 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 arty 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 OWNEWs 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.
13.122.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
28 FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13.12, the
correction period hereunder with respect to such Work
will be extended for an additional period of one year
two veers 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 insured or sustained by
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof; OWNER may make a claim therefor
as provided in Article 11. Such claims, costs, losses and
damages will include but not be limited to all costs of
repair or replacement of work of others destroyed or
damaged by correction, removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARTICLE 14—PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.L The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow or
custodianship By executing the application for payment
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes, Section 24-91-101
et sea.
CONTRACTOR Is 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 ofApplicadons for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
EJCDC GENERAL CONDITIONS 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. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on -site observations of the executed Work
as an experienced and qualified design professional and on
ENGINEER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge, information and belief
14.5.1. the Work has progressed to the point
indicated,
14.5.2. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9.10, and to arty other qualifications stated
in the recommendation), and
14.5.3. the conditions Iprecedent 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. ENGINEERS recommendation of any payment,
including final payment, shall not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the famishing or
performance of Work, or for any failure of
CONTRACTOR to perform or famish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment it 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 15.2A 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 152.4 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
FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
30 w/ Crry OF FORT COLLINS MODIFICATIONS (REV 4/2000)
considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. It, 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. I% 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 Utlliwtion:
14.10. Use by OWNER at OWNER's option of airy
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(ii) OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.1.OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work.
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 5A, 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 OWNERSs
property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or Supplier fails
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien. Releases or waivers of liens and the consent of
the surety to finalize payment are to be submitted on
forms conforming to the format of the OWNER'S standard
forms bound in the 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 parwaoh 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 confines, 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 Minn.
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
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 CONTRACTOWs 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 TenWnate.
15.2. Upon the occurrence of any one or more of the
following events:
152.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph 2.9 as adjusted from time to time
pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
152.3. 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. COMMONS 1910.E (1990 Edition)
32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
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
stave. 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 cruse 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 hems):
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 Terndnate.
15.5. It through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days
by OWNER or under an order of court or other public
authority, or ENGINEER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days after it
is submitted, or OWNER has failed for thirty days to pay
CONTRACTOR any sum finally determined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER and ENGINEER stop the Work until payment of
all such amounts due CONTRACTOR, including interest
thereon. The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit GC -A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws m 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 77me:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such 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 42000)
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Claim:
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
parry's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose.Cumuladve 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
they apply.
Professional Fees and Court Costs Included:
17.5. Whenever reference is made to "claims, costs,
losses and damages", it shall include in each case, but not
be 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 tg insure the
Payment of all claims for labor, materials. team hire.
sustenance, provisions. provender or other supplies
used or consumed by CONTRACTOR or his
33
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EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
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 airy 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 ENGINEEWs decision being final and binding
upon OWNER and CONTRACTOR If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.10.
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information. The demand for
arbitration will be made within the thirty -day or ten-day
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen, and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the
applicable statute of limitations.
EICDC 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.L the inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who are already parties to the arbitration, and
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Work of such
Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and against OWNER, ENGINEER or
ENGINEER'S Consultants that does not otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof, and it will not be subject to
modification or appeal.
16.7. OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16.2 and 16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the termination of the mediation. The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed.
GC -Al
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be
substantially complete and also completed and ready for Final Payment (the
Contract Times) are set forth.in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment
described on the Drawings or specified in the Specifications without
consideration of possible substitute or "or equal" items. Whenever it is
indicated on the Drawings. or specified in the Specifications that a
substitute or "or equal" item of material or equipment may be furnished or
used by CONTRACTOR if acceptable to Engineer, application for such ^
acceptance will not be considered by Engineer until after the "effective
date of the Agreement". The procedure for submittal of any such
application by CONTRACTOR and consideration by Engineer is set forth in the _
General Conditions which may be supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of
principal subcontractors he proposes to use in the Work. Refer to Section
00430 contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable
objection to any proposed Subcontractor, either may, before the Notice of
Award is given, request the apparent successful Bidder to submit an _
acceptable substitute without an increase in Bid price. If the apparent
successful Bidder declines to make any substitution, OWNER may award the
contract to the next lowest responsive and responsible Bidder that proposes
to use acceptable subcontractors. Subcontractors, suppliers, other persons
or organization listed and to whom OWNER or Engineer does not make written -,
objection prior to the giving of the Notice of Award will be deemed
acceptable to OWNER and ENGINEER subject to revocation of such acceptance
after the effective date of the Agreement as provided in the General
Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor,
supplier or other persons or organizations against whom he has reasonable
objection. The use of subcontractors listed by the Bidder and accepted by
OWNER prior to the Notice of Award will be required in the performance of
the Work.
7/96 Section 00100 Page 4
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of
the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with
City of Fort Collins modifications) and other provisions of the Contract
Documents as indicated below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph
numbers of the General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B-- $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived
by the Owner.
5.4.6 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).
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule Odays lost due to
abnormal weather conditions.
Section 00800 Page 1
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
9/99
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: PEDESTRIAN ACCESS PROJECT; BID NO. 5601
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST
$ .00
TOTAL APPROVED CHANGE ORDER
0.00
TOTAL PENDING CHANGE ORDER
0.00
TOTAL THIS CHANGE ORDER
0.00
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST
$ 0.00
(Assuming all change orders approved)
ACCEPTED BY:
DATE:
Contractor's Representative
ACCEPTED BY:
Project Manager
REVIEWED BY:
Title:
APPROVED BY:
Title:
APPROVED BY:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
DATE:
DATE:
DATE:
DATE:
9/99 Section 00950 Page 1
Section 00960
Application for Payment
Insert pages 1 - 4
9/99
APPLICATION FOR PAYMENT
PAOE l OF 4
OWNRM CRy of Pad (boor PROJECT:
APPLICATION NUMOPIt:
APPLICATION DATP-:
CONTRACTOR:
PERIOD
PERIOD BPOINNINO:
I'.NDWO:
PROJECT NUMBER:
CJIANOR ORDERS
Application is made for Psymerd a shown below in connection WRh Cannel
.
NUYRRR DATE AMOUNT
The preseal Asms of the second for d& cmkmt is follows:
1
4
Original Contract Amami:
7
Net Chaop by CbrKe Order,
Cuffed Costs" Amonst' -
$0.1)O
'
TOW C mpkkd and Stored to Date:
.
Lem Previous Applicilims:
Amount Due this AppReallon - Before ReaahuKe:
0. W
Lsis Ramat e•
Net t]step by chaete Order 60.00
AmotwT DUE Tins APPLICATION:
$0.00
C'RRTIPICATION: ..
DM ymdemdpW CONTRACi'DR eedlfm mat all obligation of CONTRACTOR bKuned to emoeedca wRb
me Wok bars ben sawed as requkW is Pampapb 14.3. of dw Oeneaal C'mdR[ms of the Cadmel.
.
Tbo above Amount Due This Applieatln la requested by ins CONTRACTOR.
Dab: BY:
reason of 6e above Amount Due This Applies" Is nxommunded by the ENGINEER.
,
Ddw By:
Payment of 6e above Amount Dun This Application ►m been mviewW by IW OWNER'S PreJea MaaMor.
Dab: By
Psymam of 6e above Amoom Due This Appliemlon Is appsmed by the OWNER.
Daft By:
APrUCA`IION FOR PAYMENT
PAVE 2 01:4
CONTRACT AMOUNTS
"
Wark Completed
Work Comple d Work Compldd
Sao"
Mewiels
1""I
This Moo01
Pmvk m Peddt To Data
'Ilw
boll A
i'cr wt
Did Usk
Stole Uaiu Price Amamt
Q y
Qh'• Amount
Qly. Amount Qly. Amount
To 11etc
Udicd
Num6u Dmedpdou
$0.00
$0.00
$0.00
$0.00
.00
S0•nn
$0
ll
a
IItA
Hall
f0.00.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
1:1111
$0.00.
'
$0.00
$0.00
$0.00
50.00
$0.00
Idtlt"
$0.011
' - f0.00
$0.00
$0.00 _
$0.00
$0.00
$0.UD
I:HA
ERR
f0.00
'
$0"0
$0.00
f0.00
$0.00
$0.00
$0.00
I:Itlt
f0,00
f0.00
$0.00
$0.00
$0.00
$aw
Flak
$0.00
- f0.00
$0.00
$0.00
$0'00
$0.00
S$D0
I:Itlt'
tit
Halt
. $0.00
$0.00
- $0.00
f0.00
$0.00
f0'�
.00
U 00
$0.00
'
$0.00
$0.00
$O.W
I:Itlt
$0.00
'
$0.00
$0.00
f0.00
$0.000.00
11 Qt1
Halt
$0.00.
$0.00
$0.00
$fU.00 •
Soma
Lilt
$0.00
S0.00
$0.00
100 .000
$0.00
I:HIt
$0.00
=D:DO
- $0.00
$0.00
i
stoo
SO.Uil
I:Itlt
I:lat
. $0.09
$0.00
$0.00
10.00
' 10.00
$0.00
$0.00
$0.00
$0.00
io
$0•W
at 11
f0.00
$0.00
f0.00
$0.00
DD
$0.00
Halt
- fo.OD
- $0.00
$0.00
f 00
$0.00
$0.11U
$0.00
I:Itlt
_ tlt
$0.00
$0.00
$0.00
fD,W
S0"00
SU.INI
Lllk
$0.00
-
$0.00
$0.00
$0.00
$0.00
$0.00
Halt
I:ItH
$0.00
$0.00
- smo0
$0.00
$0.00
SU
t $0.00
$0.00.
i0-00
$0.00
$0.00
$. W
SU W
I:RII
I:RIt
f0.00
$0.00
$0.00
$0.00
$0.00
Soma
l:H1t
i0"00
f0"00
$0.00
$0.00
$0.00
$11m)
Hall
fo.00 •
$0.00
$0.00
$0.00
$0.00
Soo)
I:Alt
i o.Do
$0.00
fo.00
fo"0D
$0.00
$0.00
$0.1)0
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ldat
$0.00
$0.00
$0.oO
$0.00
fo.o0
fo.ilo
sotto
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i0.00
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$0.00
i0.00
$0.00
$0.00
$0.00
1".Itk
f0.00
a
" TOTALS
J
. J
CHANUH ORDERS
APPLICATION FOR PAYMENT
PACE 7 OF 4
Work Completed
Walk Cawkw
Wort Complew
Stara)
ThL Mouth
Pmvkm Periods
To Date
Materials
Total
Unit
This
Found
I'mcm
04"
Quawky
Units Pelee Amoud
Qly. Amount
Qty. Ammmt
Qty. Amount
Period
To Date
1111W
Nth Dotcripda•
$0.00
$0.00
$0.00
$0.00
$0.00
HIR
•
$0.00
1u.00
$0.00
$0.00
p.00
IItil
$0.00
$0.00
$0.00
$0.00
10.00
LIM
$0.00
$0.00
$0.00
$0.00
$0.00
liltlt
$0.00
$0.00
$0.00
$0.00
$0.00
Will
10.00
$0.00
$0.00
$0.00
10.011
11/1?
.
- $0.00
10.00'
$0.00
10:00
10.00
1:101:
$0.00
$0.00
$0.00
$0.00
$0.00
liltlt
$0.00
$0.00
$0.00
$0.00
$0.00
URN
$0.00
$0.00
$0.00
$0.00
$0.00
liltlt
$0.00
$0.00
$0.00
$0.00
$0.00
ERR
$0.00
10.00
$0.00
$0.0o
$0.00
ERII
$0.00
$0.00
SO.00
$0.00
so_tw
Milt
$0.00
10.00
$0.00
$0.00
$0.00
L"It
$0.00
$0.00
$0.00
$0.00
i0.00
1:01t
TO'1•ALCNANUEORDERS
$0.00
$0.00
10.00
$0.00
$0.00
$0.00
liltlt
PROIRCPTOTALt
10.00
$0.00
$0.00
$0.00
$0.00
$0.00
URIC
PACE 4 01•• a
STORED MATERIAL. SUMMARY '
On N"
Recievod
Inslallod
On Ilalrl
• Previous _
This
771is
Period
I ha -
An4i4xu..n
heal Invoice Application
Period
Number Numb" Description
111 INI
SII INI
-
-
lll.ixl
•
in.uu
3111N1
• �
_
31L1x1
'
3u.1x1
•
•
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•
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-
.
� 3u.In1
-
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•
ilr.lnl
-
111,IX1
- _
3lLIx1
311.IN1
$11 INI
' $0.00
$0.00
3ll.W
f0.Ix1
TOTALS
PEDESTRIAN ACCESS PROJECT
GENERAL REQUIREMENTS INDEX
SECTION
01010 Summary of Work
01040 Coordination
01310 Construction Schedules
01330 Survey Data
01340 Shop Drawings
01410 Testing
01510 Temporary Utilities
01560 Temporary Controls
01700 Contract Closeout
01800 Method of Measurement and Basis of Payment
PAGE NUMBERS
General Reqs 1-2
General Reqs 3-4
General Reqs 5-6
General Reqs 7
General Reqs 8-10
General Reqs 11-12
General Reqs 13
General Reqs 14-15
General Reqs 16
General Reqs 17
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may
be retained by the Bidder. A separate unbound copy is enclosed for
submission with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on
the form must be stated in words and numerals; in case of conflict, words
will take precedence. Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other appropriate officer accompanied by
evidence of authority to sign) and the corporate seal shall be affixed and
attested by the secretary or an assistant secretary. The corporate address
and state of incorporation shall be shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and
signed by a partner, his title must appear under his signature and the
official address of the partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the
joint venture or by an authorized agent of each participant. The full name
of each person or company interested in the Bid shall be listed on the Bid
Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda
(the numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by
erasures, interpolations, or otherwise will be acceptable unless each such
alteration is signed or initialed by the Bidder; if initialed, OWNER may
require the Bidder to identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the
Bid shall be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the
Invitation to Bid and shall be enclosed in an opaque sealed envelope marked
with the Project title, Bid No., and name and address of the Bidder and
accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders
7/96 Section 00100 Page 5
SECTION 01010
SUMMARY OF WORK
1.1 DESCRIPTION OF WORK
A. This work shall consist of removal and/or installation of concrete curbs, gutters, sidewalks, crosspans, aprons, drive
approaches and pedestrian access ramps, and placement of temporary asphalt patching adjacent to new concrete, on
designated streets in the City of Fort Collins. Specific locations are described in Section 2500, Quantity Estimate.
Additional quantities are included in the Bid Schedule for locations not yet identified at the time of the bid.
B. Protection and Restoration
l . Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all
areas disturbed to match surrounding surface conditions. Also see tree protection standards.
C. Construction Hours
1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 5:00 p.m., Monday through Friday,
unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with
Section 1560.
2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the
Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the
Owner's costs in providing field engineering and/or inspection services because of such work. The cost for field
engineering and inspection shall be $50.00 per hour.
1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES
A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when
prosecution of the Work may affect them.
B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to
temporarily deny access or services.
C. Contact utilities at least 48 hours prior excavating near underground utilities.
D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work
schedule and any items which would affect their daily operation.
E. Rick Richter and/or Erika Keeton will be the ENGINEER (Project Engineer/Manager).
Rick Richter 970-221-6798 Mobile/Pager 970-222-1132
Erika Keeton 970-221-6605 Mobile/Pager 970-222-0787
F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's
convenience.
General Requirements - Page 1 of 17
UTILITIES
Water:
City of Fort Collins, Colorado
221-6681, Meter Shop 221-6759
Storm Sewer:
City of Fort Collins, Colorado
221-6589
Sanitary Sewer:
City of Fort Collins, Colorado
221-6681
Electrical:
City of Fort Collins, Colorado
482-5922,221-8553
Gas:
Public Service Company of Colorado
482-5922,221-8553
Telephone:
U.S. West Communications
484-0300, 226-6310
Traffic Operations:
City of Ft. Collins, Colorado
221-6608
Cable Television: TCI Cablevision
493-7400
*Utility Locates Under One -call System
1-800-922-1987
AGENCIES
Safety:
Occupational
Safety and Health Administration
(OSHA):
844-3061
Fire:
Poudre Fire Authority
Non -Emergency: 221-6581
Emergency: 911
Police:
City of Fort Collins Police Department
Non -Emergency 221-6550
Emergency 11
Postmaster
US Postal Service - udith Robertson 225-4111
Transportation
Transfort 221-6620
Traffic Engineering 221-6608
END OF SECTION
Larimer County Sheriffs Department:
Non -Emergency: 221-7177
Ambulance:
Poudre Valley Hospital
Non -Emergency: 484-1227
Emergency: 911
General Requirements - Page 2 of 17
SECTION 01040
COORDINATION
1.1 GENERAL CONTRACTOR RESPONSIBILITIES
A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also
coordinate with the Landscape Contractor whose Work is separate from the General Contractor's contract.
B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of
performance of operations which affect the service of such utilities, agencies, or public safety.
C. Coordinate operations under contract with utility work to allow for efficient completion of the Work.
D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to
provide satisfactory access at all times and keep them informed at all times.
1.4 CONFERENCES
A. A Preconshuction Conference will be held prior to the start of construction.
1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic
Control Supervisor assigned to the project.
2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project.
3. The Engineer shall invite all utility companies involved.
4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated
schedules.
5. The Engineer shall introduce the project Representatives.
B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work,
refining project schedules, and utility coordination.
C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or
is affected by, the work of others.
1. Contractor shall participate in such confererices accompanied by Subcontractors as required by the Engineer.
1.5 PROGRESS MEETINGS
A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly
and at other times as requested by the Engineer or required by the progress of the Work.
B. Attendance shall include:
1. Contractor and Superintendent.
2. Owner's Representatives.
3. Engineer and Resident Project Representative.
4. Traffic Control Supervisor
5. Others as may be requested by Contractor, Engineer or Owner.
General Requirements - Page 3 of 17
C. Minimum agenda shall include:
1. Review of work progress since last meeting.
2. Identification and discussion of problems affecting progress.
3. Review of any pending change orders.
4. Revision of Construction Schedule as appropriate.
D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets
shall be signed by both parties. These quantity sheets, when signed, shall be gyp@( and shall be the basis for the monthly
progress estimates. This process ensures accurate monthly 1i1ect pay estimates.
END OF SECTION
General Requirements - Page 4 of 17
SECTION 01310
CONSTRUCTION SCHEDULES
1.1 GENERAL
A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative
schedule by parties attending the preconstruction conference. This schedule will show how the contractor intends to
meet the milestones set forth.
1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of
delivery of equipment and materials.
1.2 FORMAT AND SUBMISSIONS
A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress.
B. Submit two copies of each schedule to Owner for review.
1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with
the needs of Owner or others.
C. The schedule must show how the street, landscaping and various utility work will be coordinated.
1.3 CONTENT
A. Construction Progress Schedule.
1. Show the complete work sequence of construction by activity and location.
2. Show changes to traffic control.
3. Show project milestones
B. Report of delivery of equipment and materials.
1. Show delivery status of critical and major items of equipment and materials.
2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for
equipment and materials, reference Section 01340.
1.4 PROGRESS REVISIONS
A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when
requested by Owner or Engineer, and with each application for progress payment.
B. Show changes occurring since previous submission.
1. Actual progress of each item to date.
2. Revised projections of progress and completion.
C. Provide a narrative report as needed to define:
1. Anticipated problems, recommended actions, and their effects on the schedule.
2. The effect of changes on schedules of others.
General Requirements - Page 5 of 17
1.5 OWNER'S RESPONSIBILITY
A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor
in coordinating the Work with the needs of the Project.
B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques,
sequences and procedures of construction as provided in the General Conditions.
END OF SECTION
General Requirements - Page 6 of 17
SECTION 01330
SURVEY DATA
1.1 SURVEY REQUIREMENTS
A. The Owner will provide the construction surveying for the street and landscaping improvements. City Survey Crews
will perform the surveying required.
B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing
survevina.
C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel
shall notify the Contractor with the date on which the requested work will be completed.
D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the
Contractor shall pay the additional overtime expense.
E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey
monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time
for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re -staking construction
stakes and for the cost of re-establishing a destroyed monument.
F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary faros
and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with
the information on the stakes and grade sheets supplied by the Owner.
END OF SECTION
General Requirements - Page 7 of 17
SECTION 01340
SHOP DRAWINGS
1%
1.1 GENERAL
A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections.
1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor.
B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set forth
in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule.
C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not -.
entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer
to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the
submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate
submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase
in Contract Price.
D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication.
E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped
by Contractor and properly marked by Engineer, are at the site and available to workmen.
Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the
Work.
Review status designations listed on Engineer's submittal review stamp are defined as follows:
1. NO EXCEPTION TAKEN
Signifies material or equipment represented by the submittal conforms with the design concept, complies with the
information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to
proceed with fabrication or procurement of the items and with related work Copies of the submittal are to be
transmitted for final distribution.
2. REVISE AS NOTED
Signifies material or equipment represented by the submittal conforms with the design concept, complies with the
information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with
Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and is to
submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of
transmittal.
3. REJECTED
Signifies material or equipment represented by the submittal does not conform with the design concept or comply
with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to
submit submittals responsive to the Contract Documents.
General Requirements - Page 8 of 17
4. FOR REFERENCE ONLY
Signifies submittals which are for supplementary information only, pamphlets, general information sheets, catalog
cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation,
or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby
conform with the design concept or comply with the information given in the Contract Documents. Engineer
reviews such submittals for general information but not for substance.
1.2 SHOP DRAWINGS
A. Include the following information as required to define each item proposed to be finished.
1. Detailed installation drawings showing foundation details, and clearances required for construction.
2. Relation to adjacent or critical features of the Work or materials.
3. Field dimensions, clearly identified as such.
4. Applicable standards, such as ASTM or Federal Specification numbers.
5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance
characteristics and capacities, and other information specified or necessary:
a. For Engineer to determine that the materials and equipment conform with the design concept and o mply with
the intent of the Contract Documents.
b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will
review for general information but not for substance.
c. For Engineer to determine what supports, anchorages, structural details, connections and services are required
for materials and equipment, and the effect on contiguous or related structures, materials and equipment.
6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer
to review the information effectively.
13. Manufacturer's standard drawings, schematics and diagrams:
1. Delete information not applicable to the Work
2. Supplement standard information to provide information specifically applicable to the Work.
C. Format.
1. Present in a clear and thorough manner.
2. Minimum sheet size: 8 1/2" x 11 ".
3. Clearly mark each copy to identify pertinent products and models.
4. Individually annotate standard drawings which are finished, cross out items that do not apply, describe exactly
which parts of the drawing apply to the equipment being famished.
5. Individually annotate catalog sheets to identify applicable items.
6. Reproduction or copies of portions of Contract Documents:
a. Not acceptable as complete fabrication or erection drawings.
b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail
drawings.
7. Clearly identify the following:
a. Date of submission.
b. Project title and number.
c. Names of Contractor, Supplier and Manufacturer.
d. Specification section number, specification article number for which items apply, intended use of item in the
work, and equipment designation.
e. Identify details by reference to sheet, detail, schedule or room numbers shown in the Contract Documents.
f. Deviations from Contract Documents.
g. Revisions on re -submittals.
h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field
General Requirements - Page 9 of 17
measurements and field construction criteria, and coordination of the information within the submittal with
requirements of the Work and the Contract Documents.
1.3 SUBMISSION REQUIREMENTS
A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work
or in the work of any other contractor.
B. Minimum number required:
1. Shop Drawings.
a. Three (3) copies minimum, two (2) copies which will be retained by Engineer.
1.4 RE -SUBMISSION REQUIREMENTS
A. Make corrections or changes required by Engineer and resubmit until accepted.
B. In writing call Engineer's attention to deviations that the submittal may have firm the Contract Documents.
C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions.
D. Shop Drawings.
1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor
along with required wiring and piping layouts.
END OF SECTION
r„
General Requirements - Page 10 of 17
Qualifications, and Schedule of Subcontractors as required in Section -
00430. If the Bid is sent through the mail or other delivery system, the
sealed envelope shall be enclosed in a separate envelope with the notation
"BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time
and date for receipt of Bids indicated in the Invitation to Bid, or any
extension thereof made by addendum. Bids received after the time and date
for receipt of Bids will be returned unopened. Bidder shall assume full
responsibility for timely delivery at the location designated for receipt
of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and
will not receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under
different names will not be accepted from one firm or association. —
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly
executed (in a manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an
r-.
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. -�
7/96 Section 00100 Page 6
SECTION 01410
TESTING
1.1 GENERAL
A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and
forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been
made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after
approval hereof shall not be incorporated into the work.
B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the
required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may
be sampled either prior to shipment or after being received at the site of the work.
C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling
and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest
standards and tentative methods of the American Society for Testing Materials (ASTM).
D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information
is included under the appbcable sections of the Specifications. Any modification of or elaboration on, these test
procedures which may be included for specific materials under their respective sections in the Specifications shall take
precedence over these procedures.
1.2 OWNER'S RESPONSIBILITIES
A. Owner shall be responsible for and shall pay all costs in connection with testing for the following:
1. Soil tests, except those called for under Submittals thereof.
2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner.
3. Concrete test, except those called for under Submittals thereof.
1.3 CONTRACTOR'S RESPONSIBILITIES
A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for
and shall pay all costs in connection with testing required for the following:
1. All performance and field testing specifically called for by the specifications.
2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above.
3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour,
or fill on schedule for any reason except by action of the Engineer.
B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing.
1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM
A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items
of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This
control shall be established for all construction except where the Contract Documents provide for specific compliance
tests by testing laboratories or engineers employed by the Owner. The Contractor's control system shall specifically
include all testing required by the various sections of these Specifications.
General Requirements - Page i l of 17
SECTION 01560
TEMPORARY CONTROLS
1.1 NOISE CONTROL
A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated ,
areas.
B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner
to cause the least noise consistent with efficient performance of the Work.
C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 am.
1.2 DUST CONTROL
A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing.
B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with
water or by application of a chemical dust suppressant.
1. Chemical dust suppressant shall not be injurious to existing or future vegetation.
1.3 POLLUTION CONTROL
A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances
resulting from construction activities.
1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site.
2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts.
1.4 EROSION CONTROL
A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities.
1. Measures in general will include:
a. Control of runoff.
b. Trapping of sediment.
c. Minimizing area and duration of soil exposure.
d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of
banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities.
B. Preserve natural vegetation to greatest extent possible.
C. Locate temporary storage and route construction traffic so as to preserve vegetation and nummize erosion.
D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual.
General Requirements - Page 14 of 17
1.5 TRAFFIC CONTROL
A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of
Fort Collins' "Work Area Traffic Control Handbook", and the City of Fort Collins' "Design Criteria and Standards for
Streets", Part 2, General Requirements, Subsection 1.4, 'Barricades Warning Signs, Signal Lights". In the event of a
conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern.
1.6 HAUL ROUTES
The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads.
These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements,
and/or pavements whose condition would be significantly damaged by heavy loads.
END OF SECTION
General Requirements - Page 15 of 17
SECTION 01700
CONTRACT CLOSEOUT
1.1 CLEANING AND RESTORATION
A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun.
This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities.damaged or
soiled during construction. The Engineer will be the judge of the degree of restoration required.
1.2 PROJECT RECORD DOCUMENTS
A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings
which accurately indicate all approved variations in the completed work that differ from the design information shown
on the drawings. Further, these drawings should reflect all underground obstacles encountered.
B. These record drawings along with any survey records, photographs and written descriptions of said work as may be
required by the Engineer shall be submittal prior to project acceptance.
END OF SECTION
a
0
General Requirements - Page 16 of 17
SECTION 01800
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
1.1 DEFECTIVE WORK
A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a
point of acceptance.
1.2 BID PRICE
A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay
item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall
be included in the prices bid for the various items of Work.
B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing
all materials, equipment and tools; and performing all labor and supervision to fully complete the Work.
C. Unit prices shall govern over extensions of sums.
D. Unit prices shall not be subject to renegotiation.
1.3 ESTIMATED QUANTITIES
A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating
the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment
shall be the actual amount of materials furnished and Work done.
B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference
between the amount of Work actually performed and materials actually famished and the estimated amount therefor.
END OF SECTION
General Requirements - Page 17 of 17
SECTION 02000
PROJECT SPECIFICATIONS
The Colorado Division of Highways "Standard Specifications for Road and Bridge Construction", 1999, and the Larimer
County "Urban Area Street Standards", January 2001 (hereafter referred to as the "Standard Specifications") are made a part
of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications
of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of
the preceding Sections, the preceding Sections shall govern.
INDEX OF REWSIONS
SECTION
104 Traffic and Parking Control
105 Cooperation Between Contractors
105 Inspection of Work
105 Maintenance During Construction
107 Protection and Restoration of Property and Landscape
108 Prosecution and Progress
201 Clearing and Grubbing
203 Excavation and Borrow
212 Seeding, Fertilizer, and Sodding
403 Hot Bituminous Pavement — Patching
504 Cribbing — MSE Versa Lok Block Wall
604 Inlets
608 & 609 Sidewalks, Curb and Gutter, Drive Approaches, Aprons, Crosspans, and Concrete Pavement
614 Traffic Control
REVISION OF SECTION 104
TRAFFIC AND PARSING CONTROL
Section 104 of the Standard Specifications is hereby revised as follows:
Subsection 104.04 shall include the following.
It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with
the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted
for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement
of work and shall clearly show the type of work, and the day, date and times that the message on the sign is in effect
(For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday,
July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO
6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until
the street is opened to traffic and all clean up operations completed.
All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently
affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style
letters. The "NO PARKING" signs shall be in effect for one or two days only.
Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract. The
Contractor will not be paid for traffic control costs incurred during Contractor caused delays.
At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the
Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "NO
PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with
the Engineer the proposed means of handling packing and traffic control for upcoming work It is the responsibility
of the Contractor to minimize any inconvenience to the public as a result of this work
At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by the
Contractor and the Engineer. The Contractor shall utilize forms approved by the Engineer for the tabulation of
Traffic Control Devices utilized.
The Contractor shall maintain access at all times to all businesses within the project.
Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall
be immediately implemented as directed by the Engineer.
The cost for traffic control is covered in "Revision of Section 614, Traffic Control Devices" found herein
Pno *d Spw f catim - Page 1 of27
REVISION OF SECTION 104
TRAFFIC AND PARKING CONTROL
NO.
PARKING
WED., JULY 2
7:00 AM - 6*000 PM
PATCHING
Project 3pecMaidom - Page 2 of 27
REVISION OF SECTION 105
COOPERATION BETWEEN CONTRACTORS
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105.07 shall include the following:
Concrete construction and/or reconstruction operations at intersections may involve the destruction and
replacement of traffic signal loop detectors. The existing traffic signal loop detectors shall be removed by the
Contractor at no additional cost. New loop detectors may be installed at other intersections where they do not now
exist. New and replacement loop detectors will be installed by the City Traffic Division. The Contractor shall
cooperate with the schedule of this work to insure the timely installation of new loop detectors.
Also, the Contractor shall coordinate with the City Traffic Division to insure that any cleanup required after the
installation of the loop detectors will be completed before concrete placement operations begin.
Project Speci&atiow - Par 3 of 27
REVISION OF SECTION 105
INSPECTION OF WORK
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105.11 shall include the following:
The Contractor shall keep the Engineer informed of his/her firlure construction operations to facilitate scheduling
of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a
nummum of 24 hours in advance of starting any construction operation that will require inspection, measuring for
pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the Owner and the
Engineer from any responsibility for additional costs or delays caused by such failure.
Inspection of the work or materials shall not relieve the Contractor of any of his/her obligations to firlfill his/her
contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or
materials may be rejected, notwithstanding that such work or materials have been previously inspected by the
Engineer or that payment therefore has been included in the progress estimate.
"ed sp= icatiom - Page 4 of 27
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any
and all informalities not involving price, time or changes in the Work, to
negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional Bids.
Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER
believes that it would not be in the best interest of the Project to make
an award to that Bidder, whether because the Bid is not responsive or the
Bidder is unqualified or of doubtful financial ability or fails to meet any
other pertinent standard or criteria established by OWNER. Discrepancies
between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the
Bidders, whether or not the Bids comply with the prescribed requirements,
and such alternates, unit prices and other data, as may be requested in the
Bid Form or prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of
Subcontractors, Suppliers, and other persons and organizations proposed for
those portions of the Work as to which the identity of Subcontractors,
Suppliers, and other persons and organizations is submitted as requested by
OWNER. OWNER also may consider the operating costs, maintenance
requirements, performance data and guarantees of major items of materials
and equipment proposed for incorporation in the Work when such data is
required to be submitted prior to the Notice of Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed
Subcontractors, Suppliers and other persons and organizations to do the
Work in accordance with the Contract Documents to OWNER's satisfaction
within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest
responsive and responsible Bidder whose evaluation by OWNER indicates to
OWNER that the award will be in the best interest of the OWNER. Award
shall be made on the evaluated lowest base bid excluding alternates. The
basis for award shall be the lowest Bid total for the Schedule or, in the
case of more than one schedule, for sum of all schedules. Only one
contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful
Bidder a Notice of Award within forty-five (45) days after the date of the
Bid opening.
7/96 Section 00100 Page 7
REVISION OF SECTION 105
MAINTENANCE DURING CONSTRUCTION
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105.14 shall include the following:
The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be
cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned after
the completion of the days wait It shall be the Contractor's responsibility to provide the necessary manpower and
equipment to satisfactorily clean the roadway area.
The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to
clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the
commencement of work.
The Contractor shall maintain the streets during the construction process as prescribed above.
If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the
Contractor sufficient funds to cover the Owner's cost to provide said service.
All cost of maintaining the work during construction, and before the project is accepted, will not be paid for
separately, but shall be included in the Work.
Yrojed SpwMentim - Pap 5 of27
REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
Section 107 of the Standard Specifications is hereby revised as follows:
Subsection 107.12 shall include the following: s=
The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details
or construction documents, shall not relieve the Contractor of his responsibilities as provided for in the Contract.
It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground
improvements which may be subject to such damage by reason of his operations.
Any ping of vegetation shall require the written permission of the property owner and/or the Engineer
If the area to be repaired is five (5) inches or less in width, the Contractor shall clean the area of all debris (i.e.
concrete, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean and vertical, and
place (see below) and compact topsoil. The topsoil shall be compacted utilizing a hand operated roller or other
method approved by the Engineer. In areas greater than 5 inches, the Contractor shall clean and prepare the area
along the entire length of the repair location as stated above to a minimum of one (1) foot, place sod over the entire
area, water once, and notify the property owner in writing of the nature of the work that has taken place and that
the sod will be watered only once.
For concrete repair locations, the placement of topsoil (backfill) shall be completed within two (2) working days
of the placement of the concrete.
The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks,
bn>sh, weeds, heavy clay, hard clods, toxic substances or other material which would be detrimental to the proper
development of vegetative growth. The material to be utilized shall be approved by the Engineer prior to
placement.
The topsoil shall be in a relatively dry state and placed during dry weather. The topsoil shall be fine graded to
eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and contours shall be
maintained.
If the area to be repaired is only damaged on the surface, the Contractor shall remove the damaged areas of sod to
a depth that will allow new sod to be placed, place new sod, water once and notify the property owner in writing
of the nature of the work that has taken place and the fact that the sod will be watered only once. The minimum .,
overall width of the area to be sodded shall be one (1) foot.
For concrete repair locations, the placement of sod shall be completed by the end of the first working day of the
week following the placement of the concrete.
Sprinkler systems - Sprinkler WAems designated for relocation shall be capped off at the limits of construction and
protected from damage by the Contracts. Sprinkler heads shall be salvaged and stockpiled on each property for
use when reconstructing the sprinkler systems.
Sprinkler systems damaged outside of the oonshuction limits as a result of construction operations shall be replaced
at the Contractor's expense, within three (3) working days of written notification from the Engineer. In areas where
the Engineer directs new work, or the reconstruction areas require grade adjustment, the placement of topsoil, sod
and sprinkler relocation will be provided by the Contractor as described in Revision of Section 212, Seeding,
Fertilizer and Sodding, found herein. "
All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his expense
unless a written waiver is obtained from the property owner and submitted to the Engineer. Re -sodded lawns shall
be watered once by the Contractor.
Project Specifimtiom - Page 6 of 27
REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the
Contractor in connection with the various items of the Work, and no measurement or payment shall be made
separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns
damaged by construction operations other than concrete repair shall take place within three (3) working days from
the date of damage.
In areas where the Engineer directs new work, or the reconstruction areas require grade aijushmenn; the
placement of topsoi , sod and sprinkler rekwationn %W be provided by the Contractor as described in Revision
of Sedion 212, Seeding, Fertiliser and Sodding, contained herein.
All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground
facilities shall be considered incidental to the work being done, and shall not be measured and paid for separately.
Prgat Speei cafiom - Page 7 of 27
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised as follows:
Subsection 108.04 shall include the following:
The work shall be completed within the following calendar months:
JAN FEB MAR I APR I MAY I JUN JUL I AUG I SEP I OCT NOV I DEC
Subsection 108.06 shall include the following:
A saheduk of wwk shag be submit ed prior to conOudion, and shall include number of working days per area
to complete all unit work items covered by the contract. The schedule should also include projected start and end
dates. Individual location quantities are described in Section 02500, Quantity Estimates.
Subsection 108.07 shall include the following:
The project shall be fully complete within ninety five (95) consecutive working days.
At the City's option, liquidated damages in the amount of $1000.00 per day may be retained from any monies due
the Contractor, or the City may retain an additional Contractor(s) to complete the work, or portion thereof, and
retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor
in lieu of liquidated damages.
rroject spwMatime - Page 3 of27
REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 201 of the Standard Specifications is hereby revised as follows:
Subsection 201.03 shall be amended to include the following:
When any tree roots are encountered during construction operations, the Contractor shall notify the Engineer prior
to any root removals. The Engineer and the City Forester's representative shall then make a determination
regarding removal.
Tree roots shall be removed with a sharpened, sanitized saw, cut orthogonal to its longitudinal axis as closely as
practical, to leave the freshly cut root surface in a clean and smooth condition. Axes or other blunt objects shall
not be used to cut tree roots.
Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to prevent
any damage to the roots with tools or equipment.
All costs for removing tree roots shall be considered a subsidiary obligation of the Contractor in connection with
the various items of the Work, except where grinding is required, and no measurement or payment shall be made
separately for the removal of tree roots.
The Contractor will schedule tree root grinding. Contractor is liable for any and all damage to trees. Contractor
shall submit supporting documentation (separate invoice) to the Engineer within 14 calendar days of work
completed. Tree Root Grinding shall be paid for in the monthly pay application in which the invoice is received.
Payment will be made under:
Pay ItemUnk
201.01 Tree Root Grinding Hour
The above prices and payments shall include full compensation for famishing all labor, materials, tools, equipment,
and incidentals and for doing all work involved in Clearing and Grubbing, including haul and disposal, as shown
on the plans, as specified in these specifications, and as directed by the Engineer.
Project SpedficWm - Page 9 of 27
REVISION OF SECTION 203
EXCAVATION AND BORROW
Section 203 of the Standard Specifications is hereby revised as follows:
Subsection 203.01 is revised to include the following:
This work shall consist of removing and disposing of the existing pavement, base or other material, preparing the
subgrade for the subsequent course, and placing borrow in accordance with the specifications and in reasonably
close conformity with the lines, grades, and typical cross sections shown on the plans or as designated by the
Engineer. All excavation will be classified, "General Excavation", as hereafter described The Contractor shall
dispose of all excavated material.
Subsection 203.05 is revised to include the following:
(a) General Excavation shall consist of the excavation of all materials of whatever character required for the
work not being removed under some other item.
Subsection 203.09 is revised to include the following:
The Contractor shall be responsible for the protection of the subgradelbase course until subsequent courses have
been placed.
The excavation will be accomplished in the following manner:
General Excavation:
4y
The pavement areas to be removed will be marked on the surface by the Engineer with paint. A straight
vertical cut shall be made through the pavement to provide a square or rectangular opening, such that
each edge will be parallel or at right angles to the diroction of traffic. Wheel cutting shall not be allowed.
U, in the opinion of the Engineer, the subgrade material is unsuitable, it shall be removed to the limits and -
depths designated
Where excavation to the finished grade section (including General Excavation and Patching) results in
a subgmde of unsuitable soil, the Engineer may require the Contractor to remove the unsuitable materials
and bacldll to the finished grade section with approved material (asphalt or borrow). ..
After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare --2
the subgrade by compacting with a sheepsfoot roller, rubber tired roller and/or other compaction
equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for
separately, but shall be included in the contract unit price for General Excavation.
Borrow shall be placed as directed by the Engincer. The minimum amount of borrow shall be one load
(approximately ten (10) ton). The cost for compaction shall be included in the Contract Unit Price for
Borrow.
Borrow material shall meet the grading requirement for Class 1 (Pit Run) or Class 5 (Road Base)
Aggregate Base Course (Page 698 of the Standard Specifications). (The Class i Aggregate Base Course 17
need not be crushed and can be of the pit run variety provided it falls within the gradation requirements
as shown in the Standard Specifications.) The material required for a specific location shall be directed `
by the Engineer. -,
Project spedficstiam - Page 10 of 27
REVISION OF SECTION 203
EXCAVATION AND BORROW
Aggregate Base Course will be measured by the ton at the proper moisture. Haul and water necessary
to bring mixture to optimum moisture content will not be measured and paid for separately, but shall be
included in the contract unit price for Borrow.
Borrow used for truck wash pits, fam board reinfaoement, stormwater protectice, excessive excavation
without prior approval by the Engineer, failure to protect open excavation, or any other use not directly
related to the Work, shall not be measured or paid for separately, but shall be included in the Work.
Load slips shall be consecutively numbered for each day, and submitted to the Engineer daily.
Subsection 203.17 shall include the following:
The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further work
continues. Should the Contractor fail to request the Engineer to measure any work and perform other work that
would prevent the Engineer from measuring pay quantities, the Contractor shall not be compensated for materials
not measured by the Engineer.
The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard. Subgrade
preparation, haul and disposal will not be measured and paid for separately.
The accepted quantities of Borrow will be paid for at the contract unit price per ton. Compaction and haul will not
be measured or paid for separately.
Subsection 203.18 shall include the following:
Payment will be made under:
Pay Item
203.02 General Excavation Cubic Yard
203.03 Borrow (Class I or Class 5 ABC, CIP) Ton
The above prices and payments shall include fill compensation for fianishing all labs, materials, tools, equipment,
and incidentals and for doing all work involved in Excavation and Borrow, complete-m-place, including haul,
disposal, water and compaction, as shown on the plans, as specified in these specifications, and as directed by the
Engineer.
Project SPwisatioos - Page 1 l of 27
REVISION OF SECTION 212
SEEDING, FERTILIZER AND SODDING
Section 212 of the Standard Specifications is hereby revised as follows:
Subsection 212.01 is revised to include the following:
This work shall consist of soil preparation and furnishing and Placing topsoil and blue grass sod, in accordance with
these specifications, accepted horticulture practice, and in reasonably close conformity with the locations and
details shown on the plans or as designated by the Engineer. See "Protection and Restoration of Property" found `-I
herein. w
Subsection 212.02 is revised to include the following:
IgpsoLl Topsoil shall oonform to the requirements of "Protection and Restoration of Property" found herein.
,SW Bluegrass sod shall be nursery grown, 99% Kentucky Blue (crass and 990/6 weed free Other sod type
may be used only if approved in writing by the Engineer. The I% allowable weeds shall not include
any undesirable perennial or annual grasses or plants. Soil thickness of sod arts shall not be less than
3/4 inch nor more than one inch. Sod shall be cut in uniform strips with minimum dimensions of 12
inches in width and 48 inches in length. The Contractor shall submit a sample of the sod he proposes
to famish. Said sample shall serve as a standard Any sod furnished, whether in place or not, that is
not up to the standard of the sample may be rejected. Sod that has been cut for more than 24 hours
shall not be used.
A certificate shall accompany each load of sod from the grower stating the type of sod, and the date
and time of cutting.
Subsection 212.05 is revised to include the following:
Sodding:
(a) Soil Enaratim The area shall be cleaned with a minimum depth of foie (4) inches (where topsoil does not
exist) and a minimum width of one (1) foot, all irregularities in the ground surface shall be removed, and all
edges clean and vertical. Sticks, stones, debris and other similar material more than 1fe inch in diameter shall
be removed. Any objectionable depressions or other variances fiom a smooth grade shall be oonected.
(b) Tonsoil Placement Topsoil shall be placed and compacted with a minimum depth of four (4) inches. The
amount of compaction required shall be as directed by the Engineer.
(c) Sod Placement The minimum width for sod shall be one (1) foot. The area to be sodded shall be smooth. The
sod shall be laid by staggering joints with all edges touching. On any slopes, the sod shall run approximately
parallel to the slope contours. The Contractor shall water the sod once and notify the property owner in writing
of the nature of the work that has taken place and that the sod will only be watered once.
Sod placement/replaoement required due to Contractor negligence shall follow the requirements of this section,
but will not be measured and paid for under the terms of this contract
Labor and materials description for Landscape Materials shall include, but is not limited to, sprinkler heads,
polyurethane pipe, risers or extensions, pipe or hose clamps, glue, valves, valve boxes, timers. Materials will carry
a 100/a mark-up from the original invoice for all cost $5W.00 and below. Any invoice with cost greater than ^
$500.00 will carry a 8% mark-up from the original invoice. _
Payment will be made once supporting documentation is received from the Contractor within 14 calendar days ^ x
of work completed, and paid for in the monthly pay application in which the invoice is received.
--e
Project 3pwfficatian - Pane 12 of27
REVISION OF SECTION 212
SEEDING, FERMIZER AND SODDING
Subsection 212.08 is revised to include the following:
No measurement for payment shall be made for re -sodding lawn damaged by the Contractor adjacent to new
concrete, when the grade of the existing lawn reasonably matches the grade of the new concrete. Re -sodding in
this instance shall be considered incidental to the work being performed.
No measurement for payment shall be made when the re -sodding is incidental to the work performed or is
contained within any other pay item in Revision of Section 107, Protection and Restoration of Property and
Landscape.
Payment will be made under:
Pay Item Unit
212.01 Sod Square Foot
212.02 Landscape Labor Hour
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals and for doing all work involved in the placement of Seeding, Fertilizer and Sodding, complete-m-
place, including removal, haul, disposal, and water, as shown on the plans, as specified in these specifications, and
as directed by the Engineer
Project Spedfiatiow - Page 13 of 27
REVISION OF SECTION 403
HOT BUUMINIOUS PAVEMENT - PATCHING
Section 403 of the Standard Specifications is hereby revised as follows:
In all concrete repair locations, the Contractor shall remove no more than six (6) inches of asphalt pavement The
pavement areas shall be temporarily patched with a minirroun of two (2) inches of hot mix asphalt These locations
shall be paid under the Contract Unit Price for Temporary Patching.
Subsection 403.04 is revised to include the following:
Temporary Patching will be measured by the ton Pavement cutting, excavation, subgrade preparation, haul,
disposal, and bituminous materials will not be measured or paid for separately, but shall be included in the contract
price for Temporary Patching.
Load slips shall be consecutively numbered for each day and shall include the batch time, and shall be submitted
to the Engineer daily.
Subsection 403.05 is revised to include the following:
The accepted quantities for Temporary Patching will be paid for at the Contract Unit Price per Ton.
Payment will be made under:
Pay t Pay IIni<
403.50 Temporary Patching Ton .4
The above prices and payments shall include fill compensation. for finnishing all labor, materials, tools, equipment, '
and incidentals and for doing all the work involved in Temporary Patching, including pavement cutting, excavation,
haul, disposal, surface preparation, compaction and bituminous materiels, complete -in -place, as shown on these y'
plans, as specified in these specifications, and as directed by the Engineer.
Projed SpecMen im - Page 14 of27 -"
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.
I
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the
Agreement with all other written Contract Documents attached. Within
fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the
required number of counterparts of the Agreement and attached documents to
OWNER with the required Bonds. Within ten (10) days thereafter, OWNER
shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart
is to be accompanied by a complete set of the Drawings with appropriate
identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included
in the Contract Price. Reference is made to the General and Supplementary
Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid
assures the Bidder's compliance with the City's purchasing restrictions. A
copy of the resolutions are available for review in the Purchasing and Risk
Management Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires
that suppliers and producers of cement or products containing cement
to certify that the cement was not made in cement kilns that burn
hazardous waste as a fuel.
23.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham
Bid will be rejected and reported to authorities as such. Your authorized
7/96 Section 00100 Page 8
REVISION OF SECTION 504
CRIBBING
Section 504 of the Standard Specifications is hereby revised as follows:
Subsection 504.01 is revised to include the following:
This work consists of the construction of Mechanically Stabilized Earth Retaining wall, comprised of Versa-Lok
pre -cast concrete blocks, brown/gold mix, or approved equal.
Subsection 504.02 is revised to include the following:
Backfill shall be of the type designated by the Engineer. Unless otherwise specified, Aggregate Base Course shall
meet the grading requirements for backfiH.
Subsection 504.03 is revised to include the following:
Bedding, for foundation, such as pea gravel or other approved material shall be placed to a depth of 6 inches
beneath the wall. Bedding will not be measured or paid for separately, but shall be included in the contract price
for Cribbing.
Backfill shall be compacted in 6-inch lifts at the proper moisture content.
Subsection 504.04 is revised to include the following:
The accepted quantities for Cribbing will be paid for at the Contract Unit Price per Square Foot Face.
Payment will be made under:
Pay Item pay Ueit
504.01 M.S.E. Versa Lok Block Wall Square Foot Face
The above prices and payments shall include full compensation for fi>rn Ring all labor, materials, tools, equipment,
and incidentals and for doing all the work involved in Cribbing, including excavation, bedding, haul, disposal,
surface preparation, backfill, water, and compaction, complete -in -place, as shown on these plans, as specified in
these specifications, and as directed by the Engineer.
pia+ spec scatiow - Page 15 of27
REVISION OF SECTION 604
INLETS
Section 604 of the Standard Specifications is hereby revised as follows:
Subsection 604.01 is revised to include the following: �-
This work shall consist of the removal and replacement of existing inlets and/or inlet decks, in accordance with -+
these specifications, and in reasonably close conformity with the lines and grades shown on the plans or established
by the Engineer.
4
Subsection 604.05 is revised to include the following:
As part of the "Reconst uct Inlet Deck" items, the concrete around the octet as marked shall be removed and hauled
from the site. The existing frame, grate, and angle iron fax shall be salvaged and reused in the reconstruction of -'
the inlet deck. All reinforcing steel encountered during removal shall be replaced with new steel of the grade and
size as shown on the detail found herein.
.i
Reconstruct Inlet Deck shall include the deck reconstruction of existing inlets, including two, three and a half foot
(3.5') transitions, measured from inside face of box, on each side. Inlets with openings greater than those defined
on the detail shall be paid for as Reconstruct Wet Deck, per each, plus Inlet Deck - Additional Opening, per lineal
foot.
Subsection 604.07 is revised to include the following:
..i
When concrete is to be removed and replaced around an existing grate without disturbing the deck or box, this shall
not constitute Reconstruct Wet Deck. These locations shall be measured and paid for separately under the items �-
described in Revision of Sections 608 and 609 - Sidewalks, Curb and Gutter, Drive Approaches, Aprons and
Crosspans found herein.
Subsection 604.08 is revised to include the following:
Payment will be made under:
PAY ITEM U
604.10 Reconstruct Inlet Deck - Catch Basin
Remove and Replace Each
604.11
Reconstruct Inlet Deck - Catch Basin
Additional Foot Opening
Lineal Foot
604.12
Reconstruct Curb Inlet Deck - 4' Opening
Remove and Replace
Each
604.13
Reconstruct Curb Wet Deck
Additional Foot Opening
Lineal Foot
604.14
Type 13 - Curb Inlet with Frame, Grate,
and Adjustable Curb Bonnet
Remove and Replace
Each
~
1
604.15
Concrete Sidewalk Culvert
J
Remove and Replace
Each
f
Project Specifications
- Pap 16 of27
REVISION OF SECTION 604
INLETS
604.16 Metal Sidewalk Culvert - %" Plate Each
Remove and Replace
604.17 Metal Sidewalk Culvert -'/2" Plate Each
Remove and Replace
604.18 Additional Square Foot %" Plate Square Foot
604.19 Additional Square Foot''/2" Plate Square Foot
The above prices and payments shall include full compensation for famishing all labor, materials, tools, equipment,
and incidentals and for doing all work involved in Inlets, including demolition, disposal, reinforcement and
replacement, complete -in -place, as specified in these specifications, as shown on the plans, and as directed by the
Engineer.
Paoied 3pedficatiom - Pap 17 of 27
REVISION OF SECTIONS 608 AND 609
SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS,
CROSSPANS, AND CONCRETE PAVEMENT
Monolithic hybrids of curb, gutter, sidewalk and highback vertical curb and gutter will be replaced using the same
configuration as it was originally installed, unless a flaw in its engineering should become apparent In these cases the design
may be modified by the Engineer.
The finished exposed surface and edging of the concrete will match as closely as possible the surface treatment of the
surrounding existing concrete.
The mix designs for all types of concrete to be utilized shall be determined by the Contractor and submitted to the Engineer
a,
and approved a minimum of one week prior to the beginning of construction.
..
Cement used shall conform to the Standard Specification for Portland Cement, ASTM C 150-85, AASHTO M85, Type I,
Type M or Type M.
The air content shall be four (4) to seven (7) percent.
"High Early" concrete shall be used for concrete repair locations. "High Early" concrete shall have a specified compressive
strength of 4000 psi and a minimum 48 hour compressive strength of 3000 psi. The type of concrete used for a particular
i
location shall be approved by the Engineer.
Water Reducing Agents shall conform to ASTM C 494-82.
Accelerating Agents shall conform to ASTM C 494-82. Calcium Chloride shall not be utilized as an accelerating agent.
The Contractor shall ftrmish a load slip containing the information required by AASHTO M157, Section 13, Subsection 13.1
and 13.2, with each batch of concrete. In addition, the type of concrete (mix code) shall be shown on each load slip.
Concrete delivered without a load slip containing complete information as specified will be subject to rejection.
The maximum spacing for transverse joints in crosspans and concrete pavement shall be ten (10) feet.
Curing materials shall be white pigmented liquid linseed oil based or paraffin based curing compound, and shall conform
to ASTM Specification C 309-81 Type II, Class B. The application rate for curing compound shall be 150 sq. ft./gal. for
all concrete. The curing compound shall be applied immediately upon completion of the finishing.
In locations where a portion of the apron and/or crosspan, the apron or crosspan only are being replaced, or a crosspan is
c:.
poured in sections, the construction joint (s) shall be constructed in accordance with the detail for "Concrete Construction
- -
Joint" contained herein. This item will not be measured or paid for separately under the terms of this contract.
Restoration of landscape shall be in accordance with "Revision of Section 107 - Protection and Restoration of Property and
Landscape" found herein. The time frame for restoration shall be within two (2) working days from the time the concrete
was placed for backfill with topsoil and by no later than the end of the first working day of the following week for sod
-.
replacement.
The Contractor shall be responsible for the protection of the subgrade/base course until the concrete is placed.
,*
The Contractor shall protect the concrete against moisture loss, rapid temperature change, rain, flowing water, mechanical
injury, pedestrian and vehicular traffic, and Contractor's equipment for a minimum of 36 hours after the placement of curing
compound for 48 hour high early concrete. Asphalt patching against ficsh concrete shall not be permitted during the time
frames for protection of concrete stated above.
-d
Project Spedficaliam - Page 18 of 27
n
1,
REVISION OF SECTIONS 608 AND 609
SIIIEWAIXS, CURB dt GUTTER, DRIVE APPROACHES, APRONS,
CROSSPANS, AND CONCRETE PAVEMENT
The debris immediately adjacent to a concrete repair location shall be completely cleaned up on the work day following the
placement of the concrete. If required, the concrete shall be protected as stated above. Any damage caused during the
cleanup process shall be the Contractor's responsibility.
The Contractor shall utilize forms approved by the Engineer for the tabulation of concrete quantities.
Payment will be made under:
PAY ITEM
UNIT
608.01 Remove Concrete/Flagstone
SF
608.02 Concrete Sidewalk/Flatwork (4")
SF
608.03 Concrete Sidewalk/Flatwork (6")
SF
608.04 Concrete Apron (8")
SF
608.05 Concrete Crosspan (8")
SF
608.08 Vertical Curb, Gutter and 4" Sidewalk
LF
608.09 Vertical Curb, Gutter and 6" Sidewalk
LF
608.10 Vertical Curb and Gutter - No Sidewalk
LF
608.11 Hollywood Curb, Gutter and 4" Sidewalk
LF
608.12 Hollywood Curb, Gutter and 6" Sidewalk
LF
608.13 Hollywood or Driveover Curb and Gutter - No Sidewalk
LF
608.14 Driveover Curb, Gutter and 4" Sidewalk
LF
608.15 Driveover Curb, Gutter and 6" Sidewalk
LF
608.16 6" x 12" Variable Height Highback Curb and Gutter
No Sidewalk
LF
608.17 Pedestrian Access Ramp, Driveover Curb
LF
608.18 Pedestrian Access Ramp, Vertical Curb
LF
608.19 Pedestrian Access Ramp, Hollywood Curb
LF
608.20 Pedestrian Access Ramp, Highback Curb
SF
608.21 Concrete Drive Approach (6") — All Curb Types
SF
608.22 Concrete Flatwork - 1 " Additional Depth
SF
Project SPedfi=tiow - Page 19 of 27
REVISION OF SECTIONS 608 AND 609
SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS,
CROSSPANS, AND CONCRETE PAVEMENT
608.26 Reset Existing Flagstone / 6" Class 5 Road Base SF
608.27 Set New Flagstone / 6" Class 5 Road Base SF
609.28 Reset Existing Flagstone / 4" Concrete Base SF
608.29 Set New Flagstone / 4" Concrete Base SF
608.30 Reset Existing Flagstone / 6" Concrete Base SF
608.31 Set New Flagstone / 6" Concrete Base SF
608.33 Concrete Tree Grate -Border Only (6"x6"x10") IY
-?
Sawcutting shall be considered a subsidiary obligation of the Contractor, and shall not be measured or paid for separately
under the terms of this contract.
- f
Pay Item 608.20, Pedestrian Access Ramp, Highback Curb, shall be measured by the square foot. The length shall be
_
measured from the lip of the gutter to the top of the transition at the back of the ramp, and the width shall be measured at
the midpoint.
1
Highback Curb, Gutter and Drive Approach shall include 4 feet behind the back of the curb.
'-r
Pay Item 608.26 thru 608.31, Reset Existing / Set New Flagstone, shall be measured by the square foot. Excavation of
subgrade shall not be measured or paid for separately. Existing sandstone or flagstone sidewalk that maintains a minimum
width of four (4) feet (or match existing sidewalk width) and a minimum length of two (2) feet and at least two (2) inches
thick may be re -set. Flagstone / Sandstone will either be set in a concrete foundation of not less than four inches or
compacted aggregate base course sub -grade not less than six inches thick.
The Engineer will determine the fashion in which the stones or slabs are reset. It will be the responsibility of the Contractor
^
to obtain new flagstone. It will be the responsibility of the Contractor to include removal, haul, and disposal, as shown on
the plans, as specified in these specifications, or as directed by the Engineer.
All sections will be grouted to provide a uniform surface grade throughout all portions of the sidewalk. A six-inch concrete
foundation will be used at all curb cuts or driveways.
Borrow used in areas where the subbase requires over excavation will be measured and paid for under Revision of Section
1
203, Excavation and Borrow. The Contractor shall notify the Engineer of areas to be excavated that may require payment
for Borrow. The Engineer shall determine if payment shall be made for Borrow.
Pay Item 608.33 Concrete Tree Grate Border, shall be measured by the lineal foot. Concrete Tree Grate Border will be
constructed six inches wide, measured from inside face to outside face, at a total depth of ten inches. Grate Lip will not be
J
less than'/." of one inch in width. The Engineer shall detemrine if depth of border can be varied based on tree root existence.
Tree grate ring and tree grate shall be salvaged from existing locations and reused. Ring and grates will be provided by the
City in the event that the existing material cannot be salvaged Installation of the ring and grate will not be measured or paid
.w
for separately, but shall be included in the Work.
�1
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in Sidewalks, Curb & Gutter, Drive Approaches, Aprons, Crosspans, and
-'
Concrete Pavement, complete -in -place, including removal, haul and disposal, as shown on the plans, as specified in these
specifications, and as directed by the Engineer.
"ed Spxi6ca&w - Page 20 of 27 '
REVISION OF SECTION 614
TRAFFIC CONTROL
Section 614 of the Standard Specifications is hereby revised as follows:
Subsection 614.15 shall be revised as follows:
This work shall consist of furnishing, installing, moving, maintaining, and removing temporary traffic signs,
advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision
of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins'
"Work Area Traffic Control Handbook", June 1989 with Revisions dated May 29,1991, and the Larimer County
Urban Area Street Standards, Appendix F, "Fort Collins Traffic Operations Manual", January 2001..
In the event of a conflict between the MUTCD criteria and the City s criteria, the City s criteria shall govern.
When a device is not in use, the Contractor shall remove it from the project for the period it is not needed Devices
temporarily not in use shall, as a minimum, be removed from the area Moving will include devices removed from
the project and later returned to use. Payment shall be made for the maximum number ofeach type of traffic control
device being used at one given time per day.
Traffic control devices shall be placed and/or stoned in the City right-of-way in such a manner that minimizes the
hazards to pedestrians, bicyclists and vehicles.
Traftk control devices shall be removed from the from the site immediately upon completion of the work
for any street(s).
Subsection 614.16 shall include the following:
All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the
MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be
maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed
out information or any other form of defacement that detracts from the purpose for which they are intended (i.e.
crossed out information, information written in long -hand style, etc.)
Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to
avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as
residents affected by any information the sign may present.
Subsection 614.20 shall be revised as follows:
Traffic control through the construction areas is the responsibility of the Contractor.
For all locations, a Traffic Control Plan shall be prepared The Traffic Control Plans shall be on City supplied
forms. The Traffic Control Plans shall be submitted for approval to City Traffic Operations by 12:00 noon, two
working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and
Tuesday shall be submitted the previous Friday by 9:00 am.) All plans shall be delivered to City Traffic
Operations, 625 Ninth Street. Facsimiles of plans shall not be allowed. No phase of the construction shall start
until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute
cause for the City to stop work, as well as the Contrnctces forfeiture of payment for all work and materials at that
location, with no adjustment in the contract time.
Proieot Specifications - Page 21 of 27
REVISION OF SECTION 614
TRAFFIC CONTROL
The Traffic Control Plan shall include, as a minimum, the following:
(1) A detailed diagram which shows the location of all sign placements, including advance constriction signs
(if not previously approved) and speed limit signs; method, length and time duration for lane closures,
and location of flag persons.
(2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to:
'1
construction signs; vertical panel; vertical panel with light; Type I, Type lI, and Type III barricades;
canes; drum chamebzmg devices; advance warning flashing or sequencing arrow panel. Certain traffic
control devices may be used for more than one operation or phase. However, all devices required for any
.t
particular phase must be detailed and tabulated for each phase.
(3) Number of flaggers to be used.
(4) Parking Restrictions to be in affect.
Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to
be made Such approval does not relieve the Contractor of liability specifically assigned to him under this contract.
Parking Restriction Plans shall be submitted and approved which show the location and quantity of "NO
PARKING" signs, the date to be placed, and the date to be removed The plans shall be prepared on City supplied
forms. The Parking Restriction Plans shall be submitted to City Traffic Operations by 12:00 noon, two working
days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday
shall be submitted the previous Friday by 9:00 am.) All plans shall be delivered to City Traffic Operations, 625
Ninth Street. Facsimiles of plans shall not be allowed No phase of the construction shall start until the Parking
Restriction Plan has been approved Failure to have an approved Parking Restriction Plan shall constitute cause
for the City to stop work, as well as the Comtrador's forfeiture of payment for all work and materials at that location,
with no adjustment in the contract time.
Subsection 614.21 shall be revised as follows:
Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess
a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control
Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of
certification shall be presented to the City Traffic Control Manager, and when requested by a City representative,
for each TCS utilized on this project.)
One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one-year experience as
a certified TCS. The Head TCS shall be on site at all times during the construction. Qualifications shall be
submitted to the Engineer for approval a minimum of one week prior to commencement of the work.
The TCS shall be equipped with a cellular phone. The cat of this phone shall be incidental to the day or hour pay
unit for TCS.
It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to
be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications
shall be submitted for approval for the replacement.
^c
The Head TCS will be paid for under the TCS item.
Project Specificatiam - Pap 22 of27
REVISION OF SECTION 614
TRAFFIC CONTROL
The TCS's duties shall include, but not be limited to:
(1) Preparing, revising and submitting Traffic Control Plans as required.
(2) Direct supervision of project flaggers.
(3) Coordinating all traffic control related operations, including those of the Sub -Contractors and suppliers.
(4) Coordinating project activities with appropriate police and fin control agencies, Transfort, school districts
and other affected agencies and parties prior to construction. Typed hand delivered notification to all
businesses and residents at least 24 hours prior to construction. (The notification of residents and
businesses may be accomplished by a representative of the TCS.)
(5) Maintaining a project traffic control diary which shall become part of the City's project records.
(6) Inspecting traffic control devices on every calendar day for the duration of the project.
(7) Insuring that traffic control devices are fimctioning as required
(g) Overseeing all requirements covered by the plans and specifications which contribute to the convenience,
safety and orderly movement of traffic.
(9) Flagging.
(10) Setting up traffic control devices.
Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing
letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn
watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions
that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided
by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be
submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours
prior to the commencement of work. (Note: The time frame criteria for distributing letters is the same as for
posting "NO PARKING" signs.) The cost for preparing and distributing the letters shall be included in the
cost for TCS.
Traffic control management shall be maintained on a 24-hour per day basis. The Contractor shall make
arrangements so that the Traffic Control Supervisor or his approved representative will be available on every
working day, "on call" at all times and available upon the Engineer's request at other than normal working hours.
The TCS's will be paid only for days the Contractor works, and as directed by the Engineer. On weekends and
other days the Contractor is not working, the TCS will not be paid Time spent maintaining signs on the
weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in
the unit prides for the equipment. Time spent setting up equipment, modifying equipment, and maintaining
equipment shall be included in the unit prices for the equipment.
All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor.
The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control
Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway canstruc60n, available
at all times.
Project SPwMca6om - Page 23 of 27
REVISION OF SECTION 614
TRAFFIC CONTROL
Subsection 614.23 shall be revised as follows:
Quantities to be measured for construction traftic control devices shall be the number of units of the various sizes
and descriptions listed below:
Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet
Size B Signs - 9.01 to 16.00 Square Feet
"NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for Size
A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a
Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the Engineer. The sign
material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for
"NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include delivery, rental,
setup, modification, maintenance, and pickup.
"NO PARKING" signs must remain in place until the street is open to traffic. The "NO PARKING" signs shall
be in effect for one or two days only.
Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing vices will be measured
by the unit. Barricade waming lights shall be measured and paid for separately if approved by the Engineer.
Advance Waning Flashing or Sequencing Arrow Panels will be measured by the unit.
The number of Traffic Control Supervisors shall be approved by the Engineer prior to each days work. The
quantity to be measured for Traffic Control Supervisor will be the number of authorized days performed by the W7
Traffic Control Supervisor or his approved representative. An authorized day shall be any day, or portion of a day,
authorized by the Engineer, that construction operation would require a Traffic Control Supervisor. "On Call" and
project inspections on all other days will not be measured and paid for separately but shall be included in the work.
The cost for setting up equipment mudifyIng equipment, and maintaining equipment (not including "NO
PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control
Supervisor per day.
Na TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit Price
for "Traffic Control Supervise" at the per hour rate. The TCS per day rate is based on a ten (10) hour day.
The quantity to be measured for flagging will be the total number of hours that flagging is actually used as
authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. Flagger breaks r.
shall be included in the Contract Unit Price for Flagging. The method for covering Fagger breaks shall be
approved by the Engineer.
Flagging outside of the construction work hours will not be paid for under the terms of this contract unless
authorized in writing by the Engineer.
Flagger stand-by time will not be paid for under the terms of this contract.
In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the traffic
control shall not be paid for under the tenors of this contract The costs for advance warning "NO PARKING" signs
for periods in excess of 24 hours prior to the advancement of work, including those instances when said signs have ^+
been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract -
unless authorized by the Engineer in writing. In addition, the Owner shall deduct from compensation due the
Contractor S10.00 for each traffic control device per day for said conditions, including "NO PARKING" signs and
any signs which are not removed from the site immediately upon completion of the work.
Project Specitiatione - Page 24 of 27
SECTION 00300
BID FORM
PROJECT: PEDESTRIAN ACCESS PROJECT; BID NO. 5601
I
Place �3��,�3/U� • S/1r�
Date
i
1. In compliance with your Invitation to Bid dated
and subject to all conditions thereof, the undersigned
,� k ZAJC, a **(Corporation, Limited Liability
1� Compa Partnership, Joint Venture, or Sole Proprietor)** authorized to do
business in the State of Colorado hereby proposes to furnish and do
everything required by the Contract Documents to which this refers for the
construction of all items listed on the following Bid Schedule or Bid
Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal
is made in good faith, without collusion or connection with any other
person or persons Bidding for the same Work, and that it is made in
pursuance of and subject to all the terms and conditions of the Invitation
j to Bid and Instructions to Bidders, the Agreement, the detailed
Specifications, and the Drawings pertaining to the Work to be done, all of
1 which have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond
in the sum of 5 /� $
in accordance with the Invitation To Bid and
Instructions to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Payment Bond for the amount of the total of this Bid within
fifteen (15) calendar days from the date when the written notice of the
award of the contract is delivered to him at the address given on this Bid.
The name and address of the corporate surety with which the Bidder
proposes to furnish the specified performance and payment
follows : �ir/ iv27� ?�s�rzry C-e
"aa xZ),r Ac'�ti,9 . G✓1Jc.'cs/.tJ J?//•.�.
bonds is as
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.
7/96
Section 00300 Page 1
REVISION OF SECTION 614
TRAFFIC CONTROL
Subsection 614.24 shall be revised as follows:
The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental,
and pielcup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for
under the Contract Unit Price for TCS as described above.
The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and
pickup.
Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of
construction traffic control devices necessary to complete the wait. All construction traffic control devices which
are not permanently incorporated into the project will remain the property of the Contractor.
The accepted quantities will be paid for at the contract unit price for each of the pay items listed below:
Pay Item
Unit
614.01
"NO PARKING" Sign with Stand
Per Day Per Each
614.02
Vertical Panel Without Light
Per Day Per Each
614.03
Type I Barricade Without Light
Per Day Per Each
614.04
Type II Barricade Without Light
Per Day Per Each
614.05
Type III Barricade Without Light
Per Day Per Each
614.06
Size A Sign With Stand
Per Day Per Each
614.07
Size B Sign With Stand
Per Day Per Each
614.08
Size A Specialty Sign
Cost of Manufacturing
Each
614.09
Size B Specialty Sign
Cost of Manufacturing
Each
614.10
Cone With Reflective Strip
Per Day Per Each
614.11
Safety Fence
Per Day Per Roll
614.12
Light - Steady Bum
Per Day Per Each
614.13
Light - Flashing
Per. Day per Each
614.14
Advance Warning Flashing or
Sequencing Arrow Panel
Per Unit Per Day
614.15
Traffic Control Supervisor
Per Day
614.16
Traffic Control Supervisor
Per Hour
h0j0d Spwi6catlom - Pale 25 of 27
REVISION OF SECTION 614
TRAFFIC CONTROL
614.17 Flagging
Per Each Per Hour
The initial manufachaing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate
unit coat for Size A of Size B sign. This item shall apply to new signs only. Once mamtfactu vd, they may be used
throughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor.
Flagger hand signs will not be measured and paid for separately, but shall be included in the work.
The flaggers shall be provided with electronic communication devices when required. These devices will not be
measured and paid for separately, but shall be included in the work.
The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but
will be considered subsidiary to the item.
Sand bags will not be measured and paid for separately, but shall be included in the work.
The Contractor may provide larger construction traffic signs than those typically used in accordance with the
MUTCD, if approved; however, payment will be made for the typical panel size.
The City shall not be responsible for any losses or damage due to theft or vandalism.
Piojed Specification - Pap 26 of 27
REVISION OF SECTION 614
TRAFFIC CONTROL
SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS
NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE
ENGINEER IN WRITING.
NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, WILL BE ALLOWED UNDER EXTREME
CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED
A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME
REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA.
SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS
NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE
TRAFFIC CONTROL PLANS.
Project SPecscaticos - Page 27 of 27
SECTION 02500
QUANTITY ESTIMATE
This work shall consist of removal and/or installation of concrete curbs, gutters, sidewalks, crosspans, aprons, drive
approaches and pedestrian access ramps, and placement of temporary asphalt patching adjacent to new concrete, on
designated streets in the City of Fort Collins. Specific locations are described herein, however, additional quantities are
included in the Bid Schedule for locations not yet identified at the time of the bid. Locations not listed in this section will
be added by Change Order as they arise.
All quantities stipulated in the Bid Schedule at unit prices are approximate and are to be used only as a basis for estimating
the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall
be the actual amount of materials furnished and Work done.
Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference
between the amount of Work actually performed and materials actually furnished and the estimated amount therefor.
2001 Pedestrian Access Program Estimated Quantities
S. College Ave —Swallow to E. Foothills
Pkwy ( E. Side)
Old Ft. Collins H.S. Park @ Remington,
Lake (City Est)
Taft Hill Rd (@ Blevins Jr. High)
1600 Block of Remington Street, East Sid
Sherwood / Sycamore (@ Lee Martinez
Park)
800 W. Prospect Ave
832 - 836 W. Prospect Ave
228 W. Prospect Ave
Prospect Ave —Railroad Tracks to East
Meadowlark Subdivision (Ped Est.)
Meadowlark Subdivision (Slurry)
Micellaneous Locations
Totals
G'
43
7 Q
3`. U.
a
m m io
cm @ t�° me �` F .m C .m �' .• °' �b
Qm do ° c a m U U .am �a Am 0
0 c F °j 6 0 m a �my ym�G-t
�m a a 5 mom mm °C ye C9 m
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Dy Q° Cy G Cy �O .0 3 �° m GJ f. y F Cm h Cm I m`c
c °° .� o° o° m° i°OQ
m �m Uc m m m m m Q
201.01
203.02
203.03
-I
212.01
IQ•
212.02
403.50
504.01
604.10
Q- G
604.11
2-
604.12
Q- O
604.13
r G
604.14
U°
604.15
604.16
eCm
604.17
T
604.18
P
G°
604.19
608.01
0
61
25
1200
40
5
0
0
0
0
0
0
0
0
0
0
0
225
0
52
35
1000
16
2
0
0
0
0
0
0
0
0
0
0
0
0
8
0
40
40SO
62
1000
20
25
5
0
0
0
0
0
0
0
0
0
0
0
1
0
0
1 0
0
0
0
0
0
0
500
0
425
0
40
3
0
0
0
0
0
0
0
0
0
0
0
50
0
12
0
0
0
0
0
0
0
0
0
0
0
0
80
0
0
0
200
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
30
5
3
0
45
405
28
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1400
0
0
5669
0
2
0
320
108
1394
37
53.15
109
0
167
0
2
0
8
0
2
0
8
0
3
0
1
0
2
0
1
0
1
0
5039.55
1
11611
10
600
500
5000
125
250
800
2
8
2
8
4
1
2
1
1
1
25000
c c
608.02
608.03
608.04
608.05
608,08
608.09
3270
282
0
0
0
0
2200
0
0
0
0
0
2050
0
0
275
405
0
3100
426
200
0
0
0
2081
0
0
0
0
0
662
180
0
0
0
0
488
0
0
0
0
0
325
110
0
0
0
0
300
0
0
0
0
0
639
0
2039
0
0
0
343.5
72
0
748
0
0
9541
930
261
477
95
100
25000
2000
2500
1500
500
100
2001 Pedestrian Access Program Estimated Quantities
S. College Ave —Swallow to E. Foothills
Pkwy ( E. Side)
Old Ft. Collins H.S. Park @ Remington /
Lake (City Est)
Taft Hill Rd (@ Blevins Jr. High)
1600 Block of Remington Street, East Side
Sherwood / Sycamore (@ Lee Martinez
Park)
800 W. Prospect Ave
832 - 836 W. Prospect Ave
228 W. Prospect Ave
Prospect Ave --Railroad Tracks to East
Meadowlark Subdivision (Ped Est.)
Meadowlark Subdivision (Slurry)
Micellaneous Locations
Totals
3a m` FQ FQ RQ FQ
° ° ° m�P� ° a° i0 yhz " a ^ym 0
ro
'27`c e 0
° J�
N J D 0 yc 00 " 0
U 6 U Ca c c^ c
Go° °yom ommCl� ti° +(o
1
a° o
0 3 U 3.o y a` �b
ro m a° a o \ m° i �J c m c C c ^�'' c r O Q y ,� [� a y oc o� y ec o` m
U y o° o° �m h �° y -�`° co `m z ^� ^ ^m .TcD `° m + m � m" + G m oc + U > oc m
Ik
^ aop
a a c c� q d = 0 y° y° m 2 U Qo`
,°' •2'° •2° •2g O` ac �+ Q� Qm Q°i 2°' Go Uo Qz' 0� Q° �m Go
608.10
608.11
608.12
608.13
608.14
608.15
608.16
608.17
608.18
608.19
608.20
608.21
608.22
608.26
608.27
608.28
608.29
608.30
608.31
608.33
87
0
0
0
0
0
0
0
50
0
150
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
150
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
50
0
0
0
0
0
0
0
0
0
0
0
15
15
0
0
0
0
0
0
25
0
75
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
25
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
168
103.5
0
0
0
0
0
0
250
278
200
0
0
0
0
0
0
0
0
0
463.5
188
0
0
0
0
0
0
0
0
0
1872.9
0
0
0
0
0
0
0
0
166
1 93
50
150
150
1 50
650
250
100
122
425
377
1500
750
200
200
100
100
100
5
900
400
50
150
150
50
650
250
500
400
1000
2250
1 1500
750
200
200
100
100
100
5
SECTION 03000
DETAILS
The Larimer County Urban Area Street Standards, January 2001, (hereafter referred to as the "Standard Specifications")
are hereby adopted as the minimum Standard Specifications of Compliance for this project. The following details are
reprinted for convenience, however, the Standard Specifications should be referenced during construction.
INDEX
Street Markings
Concrete Construction Joint
Standard Sidewalk
Sidewalk Detail
Access Ramp Details
Detached Walk/Intersection Details
Pedestrian Ramp Detail
Access Ramp Location — T intersection
Access Ramp Scoring
Curb and Gutter
Curb, Gutter and Sidewalk
Hollywood Curb, Gutter and Sidewalk
Standard Driveway Approach
Street Intersection Crosspan
Alley Intersections
Sidewalk Details
Curb Inlet Details
Metal Sidewalk Culvert Details
Concrete Sidewalk Culvert Details
Type 13 Inlet
Catch Basin
STREET MARKINGS
� R = PATCH
G = GRIND
/ = FABRIC
LIMITS OF
Inn" A TT-1
NOTE: ALL MARKS ARE
FLOURESCENT .PINK
PAINT.
CONCRETE
JVIIV 1
CONCRETE CONSTRUCTION JOINT
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W W y W W W W W W W
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W W W W y W W W W y
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W W W W W W W W W
W W W W W W W W W
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W W y y W W y y
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y y W W W W W W W W
W W W y y W W W y W W
y y y W W W y W W W
W W y y W W y W W y y
W y W W y y y y y W
Sidewalk W W W W W W W y W W
W W W y W W y y W y y
W W W W W W y y W
W W W A• W W W W W W W
W W W W W W y W W W
W W W +W W W W W W y W
Attached Sidewalk
3,_O• 6'_O" F.L.
\\� LIP
6" Residential
8' Commercial
3/8" Expansion
Joint Material 3/8' Expansion
Joint Material
DETACHED ATTACHED
4' �. SIDEWALK -s' .. .:. _ • -
•�.�-..•a, :DRIVE WAY ,•":-SIDEWALK•.•
SECTION A -A
SIDEWALK THICKNESS
Type of Sidewalk
Thickness
Width
Detached
4'*
<6'
Detached
6"
2t&
Attached
6"
All Widths
*All Sidewalk Thickness In Fort Collins Shall Be 6".
NOTE:
1. Sidewalk grade shall remain consistent across driveway
2. For driveway design requirements, see SD 7-29 & 7-30 .
3. This detail applies to Residential & Commercial driveways.
LARIMER COUNTY
URBAN AREA
STANDARD SIDEWALK
CONSTRUCTION `PROVED:
7\U A WTATl+Ct DATE: Qa/07/00
DRAWING
10 1
7. The undersigned Bidder hereby acknowledges receipt of Addenda No. _L
through _ V
CONTRA OR .
i
BY: �4N
ADDRESS: 1-,-?,1-3 z3%de -kz"t./t e 01-
8. BID SCHEDULE (Base Bid)
Please used the attached Bid Schedule.
9. PRICES
The foregoing prices shall include all labor, materials, transportatioi
shoring, removal, dewatering, overhead, profit, insurance, etc., to covt
the complete Work in place of the several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the B:
or change quantities at his sole discretion without affecting the Agreeme:
or prices of any item so long as the deletion or change does not excel
twenty-five percent (25%) of the total Agreement Price.
RESPEqTFULLY SUBMITTED:
Signature Date
Title
License Number (If Applicable)
7/96 Section 00300 Page 2
Slope sidewalk to curb 114" per foot. �1llr`11i�'
�' .' NOTE: Construct sidewalk with joints at 10' intervals
and aligned with scoring on curb.
t
ATTACHED SIDEWALK DETAIL
Landscaping
Slope sidewalk to curb 1/4' per foot.
W
v 4 '
DETACHED SIDEWALK DETAIL
R 1/8" g.1/4SLABTHICKNESS
.A
d
A
at ai
r,
WEAKENED PLANE JOINT
318" Expansion
Joint material
n
]/4"'
1414"
4:
r, G4,
a
G.S
a
INSTALL WHEN POURING ADJACENT TO
VAULTS OR OTHER EXISTING STRUCTURES.
EXPANSION JOINT
SIDEWALK DETAIL
LARDOR COUNTY CONSTRUCTION APPROVED: DRAWIN
URBAN AREA DRAWINGS DATE: 08/07/00 1 �+
STREET STANDARDS t m. ""MAW . U" 1 u
\ — tnaaius V9n@3)
Transition
back of walk
(tYp•)
Wood float
finish thru
ramp �d
l�
Broom finish /
Wood float finish thru ramp
5' tBroomish
IT
CORNER LOCATION
I_ _I s
IAA (mm
MID -BLOCK LOCATION
P
6
/F
Curb (optional)
Transition back of walk (typ.)
Broom finish
e
io c -
-
o
3i0 �
CV
A,
., . , ... max.
SECTION A -A
NOTES:
1. - 6" Thickness applies to entire ramp area.
2. 1:25 Unless a landing behind ramp (then ramp can be 1:12.)
' 3. Scoring: See SD 16-6F,
4. Tile Red Concrete: See SD 16-6F.
ACCESS RAMP DETAILS
LARIMER COUNTY CONSTRUCTION APPROVED: DRAWING
STREET ANT�S DRAWINGS DATE: 08/07/00 _ A
''�
J
Q
Q
10' 8' �►
(min.) Q
18
ARTERIAL / COLLECTOR
ARTERIAL / ARTERIAL ARTERIAL / COLLECTOR
For Comer Radius > 36 I
DETACHED WALK / INTERSECTION DETAIL
LARDER COUNTY CONSTRUCTION APPROVED: DRAWINQ
URBAN AREA DATE: 06/07/00
gTIPVVT CTOMARi1R DRAWINGS 16-4R`f
LOCAL
Q
a¢
w
w
ARTERIAULOCAL
DETACHED WALK / INTERSECTION DETAILS
LARIMER COUNTY CONSTRUCTION APPROVED DRAWING
STREET URBAN AM
DRAWINGS DATE.0a/07/00 �_Ar
A -G*i o.s' TYP.
y
W W W W
%:CONCRETE •t: I
W W W W W W
W W W W W
W W W W W W COLORED CONCRETE
W W W W W (FT. COLUNS ONLY)
W W W W W W
W W W W W W
W RE OPTION W 1 TOOL JOINT
W W W W ONN B" CENTERS
W W (FT. COLUNS ONLY)
A
4' MIN. '•;COLORED ;i: IMAXISILOPE 10/FT
^::CONCRETE:•:.;::.:
OPTION
URB STANDARD GRAY CONCRETE
1:12 SLOP 1/4" MAX. FL UP
lot.`:..6; ,: . , f— �E MAX.
�rA1H
OWUNE _ S.
OF GUTTER 8-
RAMP 1WTH PARTIALLY COLORED CONCRETE
PLAN VIEW SECTION A —A
N.T.S. N.T.S.
y RAMP LANDING SHALL BE CONCRETE COLORED WITH 4 LBS/ SACK DAMS NO. 1117
y (TILE RED) PIGMENT OR APPROVED EQUAL DAMS CLEAR SEALANT OR APPROVED
EQUAL SHALL BE APPLIED ON ALL COLORED CONCRETE SURFACES. (FT. COLLINS
ONLY)
COLORED PORTION OF THE RAMP SHALL BE POURED SEPARATELY AND DOWELLED
INTO ADJACENT CONCRETE WITH A MINIMUM OF 8 EQUALLY SPACED, 18 INCH #4
DEFORMED BARS DRIVEN 8 INCHES MINIMUM. (FT. COLLINS ONLY)
TRANSITIONS ARE TO BE SCORED PERPENDICULAR TO TRAVEL DIRECTION NTH SIX
1/4 INCH DEEP TOOLED JOINTS 8 INCHES ON CENTER AS SHOWN.
NO JOINTS ARE ALLOWED IN THE FLOWUNE. SIX INCH WIDE CURB OR "DUMMY JOINT"
MAY BE TOOLED NO CLOSER THAN 8 INCHES FROM FLOW LINE AS SHOWN.
MINIMUM CONCRETE THICKNESS IS 8 INCHES.
JOINT PATTERN TO BE ACCORDING TO 'INTERSECTION GUTTER DETAIL' OR AS
DETERMINED BY THE LOCAL ENTITY.
WOOD FLOAT FINISH IS REQUIRED OVER ENTIRE SURFACE OF RAMP AND TRANSITIONS.
A 8 INCH WIDE CURB MAY BE POURED AT THE BACK OF THE RAMP AS SHOWN IF
REQUIRED. IF CURB IS USED IT SHALL MATCH THE CURB AND
GUTTER STYLE OF ADJACENT CURB AND GUTTER.
MINIMUM RAMP WIDTH SHALL BE FOUR FEET, OR THE SAME AS THE WIDEST
ADJACENT SIDEWALK, WHICHEVER IS GREATER, UP TO A MAXIMUM MOTH OF 8 FEET.
THE RAMP LANDING MAY BE POURED MONOLITHIC WITH THE ADJACENT TRANSITIONS
PROVIDED THAT AN APPROVED "SHAKE —ON" PIGMENT BE USED TO COLOR THE
LANDING AREA.
PEDESTRIAN RAMP DETAIL (For New Const. & Alterations)
T.Ai;,,,,Tnr�!R COUNTY APPROVED: DRAWING
URBAN AREA CONSTRUCTION DATE: 11/13/00 --`
STREET STANDARDS DRAWINGS nRs,M IZV- 16-0
Refer to SD 16-4A.
NOTES:
1 . All T-intersections shall have a minimum of
three (3) curb ramps, as shown.
2. A driveway may be used as access ramp
' if it is designed to meet access ramp requirements,
is within the intersection, and is directly across from
the other ramps.
I3. Refer to SD 16-1 for details of ramps.
ACCESS RAMP LOCATION (T-INTERSECTION)
LARIMER COUNTY CONSTRUCTION AP"O°ED` DRAWING
URBAN AREA DATE: 08/07/00
STREET STANDARDS DRAWINGS
TDAIIMT DV. T1)T
8'-0" (Min.) Length
2% Slope
V
3/8"
• a
a a —j- 6" (Min.)
T a.
SCORING DETAIL
NOTES:
1. The scoring shall be 3/8" deep, with the scoring oriented
in the direction of pedestrian travel.
2. For Fort Collins, the concrete at the base of the ramp shall be colored Tile -,
Red (conforming to Davis color no. 1117, Sayferrox Pigment 130, or equal).
ACCESS RAMP SCORING
LARDER COMM CONSTRUCTION 'PROVED: DRAWING
URBAN AREA DATE: 08/07/00 6-6F
STREET STANDARDS DRAWINGS DRAWN Av: axr
i
�M
�a
�2
i ■
2'_6"
6'
1 1 /2"R. 4 1 /2'
a 2'R.
A*'..
Gutter edge may be
— -I
tapered or battered. • --� '
(rypical for all Curb &
& Gutter Types) . io
VERTICAL
L
N
r-
18" 12.
i
4.5" 21.75" 3.75"
2'
R b.5" 3.63"
0.13" d
dId
ROLL-OVER
(LOVELAND)
7"
CURB AND GUTTER
LARIMER COUNTY APPROVED:
CONSTRUCTION
URBAN AREA I T1D A WTNTPc DATE: 09/11/00
DRAWING
7_9nA
C4
14 E
HE
EQ � w
C13
O
ca Ci
z
tz
tl
0
W t4 0
ci
C44
d
O
U2
- CD
bo ,
, C-)
Lo r,
00
14"
"FL.
17"
—Slope to curb 1 /4"/Ft.
A. J- , E
4
4:1 max.
48:1 min.
\M M
DRIVE -OVER CURB, GUTTER AND DETACHED SIDEWALK
2' min. At-
1 CURB & GUTTER IN A CUT OR FILL
Excavation
-14" 17" T 'I'min.
1 112"
FIL ;dA 4'
Fill
18
•
DRIVE -OVER CURB, GUTTER AND ATTACHED SIDEWALK
11858• 2.67
Ql
COMBINATION CURE GUTT R
AND SIDEWALK OHOLLYWO007
OBSOLET
NtS.
.FOR RECONSTRUCTION ONLY!
HOLLYWOOD CURB; GUTTER AND WALK
(Seal - if B'd 's b c oration)
Attest:
Address a/
Telephone -S' S- - 7e / P
7/96
Section 00300 Page 3
vJay t in�
X = Curb Transition Length
Type I Approach
W ht
R9 o
Y = Parkway Width in
W = Driveway Width
i t = Concrete Thickness - minimum 6"
Type I = With Detached Sidewalk
Sidewalk
i
getz cued
Type II = With Attached
Y \
Refer to Chapter 25 for minimum removal dimensions.
\
i \ X No Lip
/
r...
PERSPECTIVE
W =Width
L
Right of Way line
A
L
Detached
Sidewalk
I
j - I y y `LI
L
x , y
E
N
W �
x
y
m I Attached
7. E Sidewalk
y 1:12 rmnax
N 1:12 mex Back of curb
FL
b
N
F-
Lip
A B
TYPE I X-3'-O-
Driveway Width Varies X-6-0• TYPE II
1
6" Thick Concrete Paving
EXPANSION
1:12 (max)
1:24 IN
'.E .6
+ 7
WALK
.J SECTION B-B) 1/2 (max.)
NOTE:
D N.T.S. F.L.
1
CL o y a ti. .�
1
1. Concrete driveway must be provided
ti 3
to the pro a line.
p
1:48 SLOPE O
1/4" PER FT. m 1:12 (max.)
t
Z
WALK SECTION A -A 6•
N.T.S.
STANDARD DRIVEWAY APPROACH (TYPES I & II)
LAREMER COUNTY
CONSTRUCTION APPROVED: DRAWING ;
URBAN AREA
DATE: OB/07/00
1 ry
DRAWINGS —?.Q
A I
CIMM"Tan. om A wm A n>r►a
__ . __ ___ _r
If Concrete Driveway I
Flare Optional „ , Expansion Joint See Note 5
ROW Curb \ _ !
i — Driveway
Detached_\
•. .
Sidewalk
II �a j
B
co �1 a8
2'
m-------- i}•.
Y Parkway E -- N X
See Note 4 I See Note 4
See Note 3 I/may
TYPE III A
DETACHED WALK
1:48 SLOPE
1/4" PER FT.
— -- 1:12 max.)
t
WALK
SECTIONS A -A & B-B
N.T.S.
NOTES:
1. 6' wide pan for residential streets.
2. All intersections to have access ramps.
3. 6" Curb Height.
4. 0" Curb Height,
5. All of these pedestrian improvements must
be in ROW or a public access easement.
See Note 3
►B
Ramp if walk
continues on private
property.
Curb to retain
Landscapeif
Necessary
Side Walk
TYPE IV
ATTACHED WALK
DRIVF\AWAY \A/InTNq
CLASSIFICATION
APPROACH
MINIMUM
MAXIMUMTYPE
WIDTH
WIDTH
RESIDENTUAL-
Single Family OF
I or II
12'
24'
Multi Family 0
1, 11, III, or IV
24'
36'
Commercial
I, 11, III, or IV
24'
36'
Industrial
24'
�3C
• High volume driveways (Type III or IV) allowed for 350
or greater trip ends/day.
* 30' maximum for 3 car garages.
**No single opening shall exceed 36'. Wider driveways
shall be divided w/o median not less than 6' wide.
♦ 1
0
Fd
ROADWAY WIDTH
Y
CONTROL
+ JOINTS
h
CONTROL JOINT REQUIRED
FOR PANS OVER 40' A-ol-j
1 WALK I
TRANSITION FROM C & G SECTION
TO PAN SECTION, TYPICAL BOTH
SIDES.
6' MINIMUM (LOCAL)
8' MINIMUM (COLLECTOR)
10' MINIMUM (ARTERIAL)i�
8" MIN. FOR RESIDENTIAL. USE CONCRETE
PAVEMENT DESIGN + 1/2" FOR COLLECTOR
& ARTERIALS.
SECTION A -A
NOTE: ALL INTERSECTIONS TO
HAVE ACCESS RAMPS
TOOL JOINT
AT 10' O.C.
DOWELL IF
COLD JOINT
PLAN VIEW
EXPANSION
JOINT (TYP.)
A -o*J \� TOOL JOINT
- CONTROL
JOINTS (TYP.)
u
PARALLEL
STREET
CLASSIFICATION
W
CROSS PAN
WIDTH
LOVELAND
DEPTH OF INVERT
FT. COLLINS
DEPTH OF
INVERT
D (MIN.)
D (MAX.)
Arterial
10'
1 1 /4"
2 1 /2"
7/8"
Collector
8'
1 It
2"
1 1 /8"
Local
6'
3/4"
1 1 /2"
1 1 /2"
`'. i ) i � 1. � L ) 1. � �__ ) 1. .� I�. ) i _� i. 1 r----11 -771
Walk
Parkway
Colored Conrete in F.C.
I
Concrete I Alley
Border
Drive -Over or
Vertical Curb
& Gutter
' 10'X10' 10'X10'
SIGHT Construction Joint SIGHT
AREA AREA
1:24
T 1
0" Curb I�
ty 6" Curb
Vertical
" Curb 6
STREET
Ram W/Cob
ALLEY W/ SIDE DRAINAGE
Drainage May Cross the Walk Up to a Maximum
of 0.5 cfs for the Design 2 Year Storm.
Alley
/ I
I 1 I
Curb
Curb
0" Curb
Walk
, Parkway
Drainage Inlet or
Other Drainage
R.O.W. Collection System.
t 1 O'X10' / l \ 10'X10'
SIGHT / / T \ SIGHT
AREA / AREA \
Walk
1
Walk
���-------
:JO"Curb 7: 0" Curb
Parkway r
Parkway
/ ' `C""'" / 6" Curb
olored Concrete in F C only
Intersection Warning or Ramp See Tables 8-1 &
8-2 For Radii
STREET Requirements
ALLEY W/ CENTER DRAINAGE
Drainage May Not Cross the Walk Unless The Water
is Sheet Flow and Drains No More Than 400 Sq. Ft.
ALLEY INTERSECTIONS
LARIMER COUNTY CONSTRUCTION APPROVED" DRAWING
URBAN AREA DATE: 11/18
STREET STANDARDS DRAWINGS /00_ A _ 1 9
It
Sidewalk Addition F)asgng Sidewalk ~
1Y min. 2'
(min.)
r
ADDITION TO EXISTING SIDEWALK
NOTES:
1. New walk additions shall be placed to the Sarre line and grade as the existing walk.
2. Match trarvmse tooled jolt to exisling tooled Joints.
EDGE SURFACE
10 R.
DUMMY JOINT FOR WALKS
NOTES:
1. Joint shag be cut 1 /4 thlclgmss of intgal concrets; dummy joint far walks. T
SIDEWALK DETAILS
LARDER COUNTY APPROVED: DRAWING --
URBAN AREA CONSTRUCTION DATE: 08/07/00
STREET STANDARDS DRAWINGS 25-1
DRAIIN BY: BHP
A G_.STEEL DECK RING WITH
24 HEAVY DENVER COVER BY
YACLEAR OR APPROVED EQUAL
3' 0" - I S' O" _ 1 3' 0" 1
I I —
m s" TH K7t
I ,
SIDEWALK —
(TYPICAL
BOTH SIDES) I
B BACK OP B
1 . 1 — — — —j curte
[� \
WARPED CURB B
SEE DETAIL LOWLINE
p GUTTER (TYPICAL "A"
a BOTH SIDES)
A�
PLAN VIEW
a[ IL 5 FLUS14 At
W TH CURB �B/V: G
FACE
is 410 e
s .A. a.
S BAR
• ••. • • • 11/2" PIPF SPACER
••. ••O' ..'• ' AND I IA' LOCK NUT
• � • 2�1
1 IA" DULL 24" GALV.
.A. BTEE� ROD -THREADED
3 1/2 AT TOB
0 14
W •:
3"%r 3/B"
PLATE
CURB FACE ASSEMBLY DETAIL
GENERAL NOTES:
1. SEE D-7b FOR REINFORCEMENT.
2. FLOOR OF INLET SHALL BE SHAPED WITH
ADDITIONAL CONCRETE TO FORM INVERT
TO PIPE CONNECTIONS.
3. MANHOLE RUNGS SHALL BE REQUIRED FOR
INLET HEIGHTS 41AND GREATER.
4. SIDEWALK SHALL BE S' THICK FOR 3' 0'
ON EITHER SIDE OF INLET.
S. TOP SLAB OF INLET SHALL BE SLOPED TO
MATCH SIDEWALK. SEE D-6.
d. EXPOSED STEEL SHALL BE GALVANIZED IN
ACCORDANCE WITH AASHTO M-111
2'Q"
G"
MANHOLE
RUNGS
i
I % SLOPE FOR r"'I .
T
SECTION A -A
3' s" 4' 0"
> GUTTER DEPRESSED GUTTER
LE
NORMAL
FLOWLINE
'
iv
s"
e
0
•�
2'6"MINIMUM
(UNLESS SQUASH
-
ic
PIPE IS USED.)
ic _
1% SLOPE
FOR
DRAINAGE
.•
;,
I
m
— } .., --
SECTION B-B
DETAIL "A"
6..
GUTTER
ALTERED
FLOWLINE
)UTSIDE
CURB INLET — 4' OPENING
FOR VERTICAL CURB & GUTTER
CITY OF FORT COLLINS, COLORADO
ENGINEERING SERVICES UNIT
APPROVED BY:
DATE: 3/& /r4
REVISIONS:
D-7a
m�
A-qJ
PLAN VIEW
TABLE I
PAR 11ST FOR CI IRA IN FT
MN91
DIA.
O.C.
TYPE
NO
LDIGM
IN.
YNCINGRFA'C
401
a
4
s 10
402
12
>s:
ilE
7' 10
403
12
S
6
7 4
404
1/2"
12"
a
14
+
40/
12
a
3
406
lea'
4
407
12"
a
2
O
406
Ir
Ttm
4
3'4"
BOI
S/s"
r
Z
2
V 0"
902
9/0
9
i
1
4 s
503
3/r
6"
a
1
9'0"
304
51ir
Or
a
z
4' s
401
s' w
ec
1
do"
2
1 I'r
VARIABLE WITH HEIGHT, REFER
TO TABLE 2.
GENERAL NOTES:
TYPE z
Straigt
T
TYPE 3
"V"
14"
TYPE S
P+" TYPE
I Bad
TYPE 3=
loop
BAR BENDING DIAGRAM
SECTION A -A
SECTION B-B
TABLE 2
OIIANTITIES VARIABLE WITH NEIdWT
N0. RED'a.
LENGTH
C.Y
LB.
H
CONC.
STEEL
402
1 403
404
406
!
10
6
3 ..
2 1
2.7
219
4'O"
12
s
3'9*
2'Y'
2A
240
4' G"
12
s
4' 2"
3' 1"
3.0
2"
t 0"
14
10
4 11"
3' 7"
3.1
US
9 6
14
10
12
♦ 1
3.3
272
6'0"
Is
12
B's"
4'7"
3.1
293
it 6"
Is
12
we
r 1"
3A
299
7'O"
Is
14
ts"
t7"
3B
320
Yr
Is
14
7'2"
Cl
32
326
dd'
20
Is
7'r
of;
41
347
s's"
WIG
20
16
d2"
YI"
42
393
22
19
rd'
7'7"
4A
373
W6"
22
46
9'2"
rr
44
379
Nia.
24
20
9's"
Vr
4.7
400
J
.J
I
(DIMENSIONS ARE OUT CURB INLET — 4' OPENING
TO OUT OF BAR) FOR VERTICAL CURB & GUTTER J
(REINFORCEMENT)
1. QUANTITIES INCLUDE VOLUMES OCCUPIED BY
PIPES. STRUCTURAL STEEL AND REINFORCEMENT
AROUND PIPES ARE NOT INCLUDED.
A. KEY JOINTS WHERE WALLS CONNECT TO
TOP SLAB AND BASE.
3. REINFORCEMENT IN WALLS AND BASE SMALL BE
3' FROM THE SIDES EXPOSED TO EARTH.
REINFORCEMENT IN TOP SLAB SMALL BE
1 1/20 CLEAR.
CITY OF FORT COLLINS, COLOR
ENGINEERING SERVICES UNIT
APPROVED BY: J„j,*G%o%%4.£ AAW/ 1
DATE:
REVISIONS:
D-7
ILS
A ..r tet:L OERN RRIB WITH
24 1lAVY DENVER OOVEIt BY
1MCLUR OR APPROVED EQUAL
3! Do _ �� S'O" I of no I
G" TH ICKSIDEWALK
(TYPICAL
(TYPICAL
am SIDES)
B"-
TOP of
CURB B
SEE DETAIL
GWARPED IUTRB a I A" FLOWLINE
BOTH SIDES)
A-wJ
PLAN VIEW
I R•R. , •_I« LES 04 BAR
Ir Low
�S BAR
.. ; • : :�•; • 1 1/2" PIP€ SPACER
• •Q . AND 11/4 LOCK NUT
�I
I W" DIA.X 24" GALV.
STEEL ROD —THREADED
3 V 2" AT TOP.
.4: r
3"X 3"X 3/0"
PLATE
.A'
B"
CURB FACE ASSEMBLY DETAIL
GENERAL NOTES:
1. SEE D-8b FOR REINFORCEMENT.
2. FLOOR OF INLET SMALL BE SHAPED WITH
ADDITIONAL CONCRETE TO FORM INVERT
TO PIPE CONNECTIONS.
3. MANHOLE RUNGS SHALL BE REQUIRED FOR
INLET HEIGHTS WAND GREATER.
4. SIDEWALK SHALL BE 8' THICK FOR 3100
ON EITHER SIDE OF INLET.
3. TOP SLAB OF INLET SHALL BE SLOPED TO
MATCH SIDEWALK. SEE D-d.
S« EXPOSED STEEL SHALL BE GALVANIZED IN
ACCORDANCE WITH AASHTO Will.
SECTION A -A
WARPED GUTTER
TOP of c
I DEPRESSED BUTTER
B
WARPED GUTTER
FLOWLINE
'
y
ALTERED
FLOWLINE
.;'
r
ee MINIMUM
is
ZUNLF-33 SQUASH
F
PIPE IS USED)
0
W
'+
196 aLDPE •.,
FOR
DRAINAGE ' v
SECTION B-13
EXTEND CHANNEL TO OUT3IDE
EDGE OF WALL
DETAIL W
CURB INLET - Z OPENING
FOR
DRIVE -OVER CURB & GUTTER
CITY OF FORT COLLINS, COLORADO
ENGINEERING SERVICES UNIT
APPROVED BY:
DATE:
REVISIONS:
L
r
'
p�R%gg'Illr!
I W 0"
A -,NJ
PLAN VIEW
TABLE 1
AAR LIST RnR [YIRR INLET
NARK
DIA.
O.C.
TYPE
NR
LIMM
K
RIM%
402
Y1DY
404
If
3
M
406
12"
a
4
I9
407
1/2"
12"
a
2
9'o"
409
6"
3
4
are
410
12"
a
6
6' 10"
411
le
fa"
412
e
4
3's"
001
8"
S
2
War
502
5 "
9"
a
1
4'4"
506
s"
a
I
9'd
so4
1/2"
240
sf WIABLE WITH HEIGHT, REFER
TO TABLE 2.
GENERAL NOTES:
5"
w culls
TYPE I
StrotgM
TYPE
U oun
54"
TYPE
rl I "U°
TYPE -=
Sent
TYPE Mir
IAA
BAR BENDING DIAGRAMS
SECTION A —A
SECTION B-B
TABLE 2
QUANTITIES VARIABLE WITH HEIGHT
1
1
(DIMENSIONS ARE OUT CURB INLET — 49 OPENING FOF
TO OUT OF BAR) DRIVE —OVER CURB & GUTTER
(REINFORCEMENT)
1. QUANTITIES INCLUDE VOLUMES OCCUPIED BY
PIPES. STRUCTURAL STEEL AND REINFORCEMENT
AROUND PIPES ARE NOT INCLUDED.
2. KEY JOINTS WHERE WALLS CONNECT TO
TOP SLAB AND BASE
S. REINFORCEMENT N WALLS AND BASE SHALL BE
r FROM THE SIDES EXPOSED TO EARTH.
REINFORCEMENT N TOP SLAB SHALL SE
1 1/20 CLEAR.
ND. III 0.
LENGTH
Ls.
H
STEEL
402
405
404
406
3'6"
10
6
32
Y I
210
4' O"
12
6
3'r
2'r
r2.9
230
4'6"
12
t
4'2"
3' I"
us
Yo"
14
10
4'r
3'7"
256S
6
14
10
5 2
4 1
262
ro"
16
12
If6"
i7"
2s2
d 6"
16
12
r 2"
r 1"
SA
ass
Ts or
Is
14
le Or
6`7"
3A
30s
rr
Is
14
r2
s 1"
37
314
e 0"
20
4
r s"
W
3A
334
moo"
20
R
r2"
7'1"
40
340
9'
22
NI
t r
7'7''
4.1
3s0
9'6"
22
14
9'2"
r 1"
43
NO
id or
24
20
rs"
r7"
4.4
nG
CITY OF FORT COLLINS9 COLORADO
ENGINEERING SERVICES UNIT
APPROVED BY:
DATE: 4 =*
REVISIONS:
lo'o"
A o" MIN. SECTION
y�
XK 11•
XXX �I
PIrACE FIRST SCREW
SEE
DETAIL °A"
x
OF EFRONT EDGE
ilXX
x
xx�C
B
A
PLAN
VIEW
SLOPE PLATE TO
141 14"
go /MATCH SIDEWALK
o
S
FLOWLINE (AS SHOWN ON PLANS)
o . :q1.4 D
. I> _
SECTION A —A
3" 21 d' 311
Q •127o:
2*1 SLOPE 3' 2:1 SLOPE
411
SECTION B—B
IDEWALK THE
WW//COUNTERSUUNKASS WHEAD G NOTE: WHENSTEEL
THE
RB IS SHALL SEPARATED
BE PLACEDROM Oil THEE SIDEWALK AND
FLUSH W/PLATE SIDE) CONTINUED CHANNEL
THEWCURB AND GUTTERON .
EACH
5An
GALVANIZED
PLATE i
I3 7[2!*x 3
'tALVANIZED =:
.NGLE a
_.
N0.3 REBAR„
I ANCHOR-1 O.C.
i DETAIL'A"
FOR DRIVE —OVER CURB, GUTTER
CITY OF FORT COLLINS, COLORADO
ENGINEERING SERVICES UNIT
APPROVED BY:
DATE: G I t4
REVISIONS:
D- l 1
Administrative Services
Purchasing Division
City of Fort Collins
CITY OF FORT COLLINS
ADDENDUM No. 1
Bid #5601
PEDESTRIAN ACCESS PROJECT
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid #5601 PEDESTRIAN ACCESS PROJECT
OPENING DATE: April 24, 2001, 3:00p.m., (Our Clock)
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
1. The time count will reflect 2/3 of a day when work is limited on arterial streets from 8:30 a.m.
to 3:30 p.m..
2. Dimensions for the Tree Grate Border item are corrected to read 6' x 6" x 10".
3. Flagstone for items 608.28, 608.29, 608.30, and 608.31 shall be set in wet concrete. Grout
is required only on these items.
If you have any questions please contact John Stephen, CPPB, 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.
256 W. Mountain Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
SECTION 00330
BID SCHEDULE
City of Fort Collins Pedestrian Access Project
10
e
I No=
201.01
Tree Root Grinding
HR
10
$ 110.00
$ 1,100.00
203.02
General Excavation
CY
600
$ 60.00
$ 36,000.00
203.03
Borrow (Cl 1, C15 ABC, C.I.P.)
TON
500
$ 28.00
$ 14,000.00
212.01
Sod
SF
5000
$ 2.25
$ 11,250.00
212.02
Landscape Labor
HR
125
$ 45.00
$ 5,625.00
403.50
Temporary Patching
TON
250
$ 125.00
$ 31,250.00
504.01
Cribbing (M.S.E. Block Wall)
SFF
800
$ 24.00
$ 19,200.00
604.10
Reconstruct Inlet Deck - Catch Basin, Remove
& Replace
EA
2
$ 950.00
$ 1,900.00
604.11
Reconstruct Inlet Deck - Catch Basin -
Additional Foot Opening
LF
8
$ 100.00
$ 800.00
604.12
Reconstruct Curb Inlet - 4' Opening, Remove
and Replace
EA
2
$ 975.00
$ 1,950.00
604.13
Reconstruct Inlet Deck - Additional Foot
Opening
LF
8
$ 150.00
$ 1,200.00
604.14
Type 13 - Curb Inlet w/ Frame, Grate and
Adjustable Curb Bonnet - Remove and Replace
EA
4
$ 1,350.00
$ 5,400.00
604.15
Concrete Sidewalk Culvert -Remove and
Replace
EA
1
$ 950.00
$ 950.00
604.1 G
Metal Sidewalk Culvert - 2' Opening, 5/8" Plate
Remove and Replace
EA
2
$ 1,350.00
$ 2,700.00
604.17
Metal Sidewalk Culvert - 2' Opening, %" Plate -
Remove and Replace
EA
1
$ 1,250.00
$ 1,250.00
604.18
Additional Square Foot, 5/8" Plate
SF
1
$ 110.00
$ 110.00
604.19
Additional Square Foot, %' Plate
SF
1
$ 100.00
$ 100.00
608.01
Remove Concrete/Flagstone
SF
25000
$ 2.00
$ 50,000.00
608.02
Concrete Sidewalk/Flatwork (4")
SF
25000
$ 3.00
$ 75,000.00
608.03
Concrete Sidewalk/Flatwork (6")
SF
2000
$ 3.40
$ 6,800.00
608.04
Concrete Apron (8")
SF
2500
$ 4.00
$ 10,000.00
608.05
Concrete Crosspan (8")
SF
1500
$ 4.00
$ 6,000.00
608.08
Vertical Curb, Gutter, & 4" Sidewalk
LF
500
$ 25.00
$ 12,500.00
608.09
Vertical Curb, Gutter, & 6" Sidewalk
LF
100
$ 27.00
$ 2,700.00
608.10
Vertical Curb & Gutter - No Sidewalk
LF
900
$ 17.00
$ 15,300.00
608.11
Hollywood Curb & Gutter w/ 4" Sidewalk
LF
400
$ 18.00
$ 7,200.00
608.12
Hollywood Curb & Gutter w/ 6" Sidewalk
LF
50
$ 20.00
$ 1,000.00
608.13
Hollywood or Driveover Curb & Gutter - No
Sidewalk
LF
150
$ 17.00
$ 2,550.00
608.14
Driveover Curb & Gutter w/ 4" Sidewalk
LF
150
$ 23.00
$ 3,450.00
608.15
Driveover Curb & Gutter w/ 6" Sidewalk
LF
50
$ 25.00
$ 1,250.00
G08.16
6"x12" Variable Ht. Curb & Gutter - No
Sidewalk
LF
650
$ 17.00
$ 11,050.00
608.17
Pedestrian Access Ramp - Driveover Curb
LF
250
$ 27.00
$ 6,750.00
Pagel of 3
ec. E.S wTTH I V1" DIIL HOLE
IN CENTER — EKTENO
WALK 1'O" CHANNEL TO OUTSIDE
J_
A-wl
f.:
b
C 6"THICK
SIDEWALK
(TYR)
H
4.
0
N
oa Tuwu NORMAL EDGE OF WALL, w+•'-�
SACK OF WALK.. J1
3+1
1 3.
1 RAIS +
1 BARS ^
�i DETAIL `A"
all M O.C. 2' O" 5,6,
B SEE M
_ _ --. OF CURS DETA1l•B' 4 BARS � I
I— J�
/ O 1 E'SEE DETAIL `A" t44
+FLOWLINEBARS
4*4 BARS ATWARPED CURB B12"O.C. BUTTER (TYR) '... '.•` m
•4 BARS-12"O.C.
BOTHWAYS
3' 6" _ 4'0" OPENING i' t• �.
A•eel
PLAN VIEW
, a"r. AT
.Sc s.B FLUSH 1 1/2"R. 04 BAR
"InTN cues t 4 -I 8 Is" LONG
7ACE
• 2+I 11/2"PIPE SPACER•
•' • ' " AND 1 1/4" LOCK NUT.
.,;' • • i,D T� 11 4" DIA.tt 16 12" QAUL STEEL
0-THRE 3 1 2`
o ', •.� ` ' ; AT TOP.
..
I� 3"a Sit S/e" PLATE
DETAIL `80
GENERAL NOTES:
1. SIDEWALK SHALL BE S' THICK FOR 300' ON
EITHER SIDE OF CULVERT.
2. TOP SLAB OF CULVERT SHALL BE SLOPED
TO MATCH SIDEWALK. SEE D-S.
3. EXPOSED STEEL SHALL BE GALVANIZED IN
ACCORDANCE WITH AASHTO M-111.
4. KEY JOINTS WHERE WALLS CONNECT TO
TOP SLAB AND BASE.
S. REINFORCEMENT IN WALLS AND BASE SHALL
BE 30 FROM THE SIDE EXPOSED TO EARTH.
REINFORCEMENT IN TOP SLAB SHALL BE
1 1/20 CLEAR.
SECTION A —A
3' 6" 4' O" S'g•
MMRPED BUTTER DEPRESSED BUTTER
WARM BUTTER
OP C
NORMAL
FIO "ME s - •:
ALTERED
FLOWLINE
SECTION B B
(REINFORCEMENT NOT SHOWN)
I' O"
AI'4 EARS 73 BAR
.. :
Z.0.7 .
AD
AOD 1051 BAR .
' I04 BAR
R
i
SECTION C—C
CONCRETE SIDEWALK CULVERT
FOR VERTICAL CURB, GUTTER
A un 0lr%I='W A E W
..
CITY OF FORT COLLINS, COLORADO
ENGINEERING SERVICES UNIT 1-
..r r.1V TIDY O t!�
DATE:
REVISIONS:
D-12
B
A (6 11 BARS AT
11"0.C.
11� THICK
SIDEWALK
MMM
oil
Emmmm1.0
i
TYP
4s
4 BARS
12"O.C.
V2" R.
A-,oJ
PLAN VIEW
EXTEND WALK I'0"
BEYOND NORMAL
BACK OF WAIL
—4 BARS
AT 9"O.C.
J
—2 *B:fOt3
AT 6 O.C.
13
BACK OF CURB
SEE
—NAIL
"A'
1/4*'—I" BAR
1s LLONG
\ 1.1/2" PIPE PACER ,
AND 1 W LOCK NUT
1 IA" OU4118 V2" BALK MEL
A HREADED 3 1/e
L
m
SIR$ t3/8" PLATE
DETAIL "B"
GENERAL NOTES:
1. SIDEWALK SHALL BE 0' THICK FOR 300' ON
EITHER SIDE OF CULVERT.
2" TOP SLAB OF CULVERT SHALL BE SLOPED
TO MATCH SIDEWALK. SEE D-d.
3. EXPOSED STEEL SHALL BE GALVANIZED IN
ACCORDANCE WITH AASHTO M-111.
4. KEY JOINTS WHERE WALLS CONNECT TO
TOP SLAB AND BASE.
S. REINFORCEMENT IN WALLS AND BASE SHALL
BE 3' FROM THE SIDE EXPOSED TO EARTH.
REINFORCEMENT IN TOP SLAB SHALL BE
1 1/2' CLEAR.
FLOWLINE
8 C 8S WITH 1 V2" DIA. HOLE
IN CENTER — EXTEND
CHANNEL TO OUT31DE\
EDGE OF WALL.
DETAIL `A"
ROma
g
04 BARS -12." O.C.
BOTHWAYS
SECTION A -A
3' C 4•0• 3.6'•
WARPED GUTTER DEPRESSED OUTTEN WARPED GUTTER
TOP OF CURB —
NORMAL 31µ"• A17ERED
FLOWLINE FLOWLINE
SECTION B-B
(REINFORCEMENT NOT SHOWN)
11' If
1!4 BARS S BAR
ADD 1 "4 BAR ----y•.l VJ46,--ADD 1 *4 BAR
`- W4 BARS -12" O.C.
SECTION C-C BOTHWAYS
CONCRETE SIDEWALK CULVERT
FOR DRIVE -OVER CURB,
GUTTER AND WALK
CITY OF FORT COLLINS, COLORADO
ENGINEERING SERVICES UNIT
APPROVED BY:
DATE:
REVISIONS:
D-13
24"
6"
3
ADJ. 2'
TO 12 1/r
1
fit
4•
L...L.d
NOTE,
1. TOTAL OPEN AFFA 6 336 SONARS IXM.
GROUT I d
"
5"
1
3'-3" RAIL
EMBED EQUAL NO FLANGE HIM
LENGTH /N
BOTH WALLS
/4 O 12" OC
VARIES
EE PLANS
NOTES SEE NOTE 5
!:.. S! I. ALL ME IS M M SHALL Of CONSTRUCTED WITN AN AUNNSTABLE CURD BOA.
F 1. AEWWD ERANE AND CRAVE[ 1S "CUR TOUNDRY I=502A - MANE, CRAZE, CURB AAO
PARNAL FRANC X" FRAW AM CRATE BT OTHER WNUTAcnWR5 MUST K APPROVED ' -
BY THE EAGMTO PRA01P TO W.
i EXTEAO NE WORMS. AWO SIKWALK SECOVIV A WWANM OT 12' WNEK NO SIOEW XIS
TO K PLACED, EXTEND KNFORC MO NTO PACK WALL OF LNLET AMWO CUM FRAME. _
4 ALL RAFT EDAM SIMLL K CAST AV PACE COIX" UNLESS OTHERWISE AUIhCN2E0
K "K EACMLEER. . • . �- 8 N
S MAE DAM AK TO K SPWVA AONWWL SPLKE LENWN -1B• I iI.
--I 8" I-- 30"---� 8" f - 7
Type 13 Inlet STANDARD NUMBER
Detail Type 13 — A
aLy or_ CITY OF FORT COLLINS, COLORADO PDT
L— ENGINEERING DEPARTMENT Pc
1:2"m t �•� 117� 1/2-mbar anchors
rotor 12"OC
1-2ebxa112•41 �"�-4 4 A renar L2112'x 2112"x!,/tf."x.32"
_.
—Warp inside gutter grade
Curb , \� J'- —I— -' t' �_ _'� 11 24 each sxie of rnTel to nieet
grade of inlet
3 3/ti
2-1/2'p I Normal �'� - — --Normal putter
rcbar grade at I - 3 1/2" grade. aC outside
back of '' Frame I ar edge.
Gutter I wa Ik.
Standard curb
•� line •
i
b in
2-1/2"0 rebars
I I'o 3 23" I. •
—V2 — I 1 r
6
_ Y o
3 - 112' m reters
6 A > i• �.•.. 12•OC.
34' 6 #�
PLAN VIEW
SltOe I p fc I I
nts I I
'1p .:Y•�.;.= .,'_:lam•:' ir!':'''•i+r.::'
N
N 1/4'steel angle 3-112'0 robots
(welded corners) 1260C.
Tab SECTI A -A
? 1/2' NOTE: A 12'transition, centered on the C.B.-- 28 Tab shall be constructed O O O
All reinforcing steel s4ll
FRAME be Grads 40
CATCH BASIN DETAILS
(DRIVE -OVER CURB, GUTTER 8► SIDEWALK)
ITY OF FORT COLLINS COLORADO
ENGINEERING DIVISION ''"`•�'+-
AP vF :
N
r� o E=
27 =— —�
✓to51 5 -012 grate by
Ma0l'ar or approved equal
GRATE
n .s.
SECTION 00330
BID SCHEDULE
City of Fort Collins Pedestrian Access Project
608.18
Pedestrian Access Ramp - Vertical Curb
LF
500
$ 27.00
$ 13,500.00
608.19
Pedestrian Access Ramp - Hollywood Curb
L.F.
400
$ 24.00
$ 9,600.00
608.20
Pedestrian Access Ramp - Highback Curb
S.F.
1000
$ 6.50
$ 6,500.00
608.21
Concrete Drive Approach (6") - All Curb Types
SF
2250
$ 3.50
$ 7,875.00
608.22
Concrete Flatwork - 1" Additional Depth
SF
1500
$ 0.40
$ 600.00
608.26
Reset Existing Flagstone - 6" Base Bedding
SF
1'
750
$ 6.50
$ 4,875.00
608.27
Set New Flagstone - 6" Base Bedding
SF
200
$ 14.00
$ 2,800.00
608.28
Reset Existing Flagstone - 4" Concrete Base
SF
200
$ 9.50
$ 1,900.00
608.29
Set New Flagstone - 4" Concrete Base
SF
100
$ 15.50
$ 1,550.00
608.30
Reset Existing Flagstone - 6" Concrete Base
SF
100
$ 12.00
$ 1,200.00
608.31
Set New Flagstone - 6" Concrete Base
SF
100
$ 17.00
$ 1,700.00
608.33
Concrete Tree Grate Border (6" x 6" x 10")
LF
5
$ 350.00
$ 1,750.00
614.01
"No Parking" Sign With Stand
Per Day Per Each
375
$ 1.92
$ 720.00
614.02
Vertical Panel Without Light
Per Day Per Each
75
$ 0.77
$ 57.75
614.03
Type i Barricade Without Light
Per Day Per Each
3000
$ 0.77
$ 2,310.00
614.04
Type II Barricade Without Light
Per Day Per Each
50
$ 0.77
$ 38.50
614.05
Type III Barricade Without Light
Per Day Per Each
40
$ 3.85
$ 154.00
614.06
Size A Sign With Stand
Per Day Per Each
500
$ 1.43
$ 715.00
614.07
Size B Sign With Stand
Per Day Per Each
50
$ 1.60
$ 80.00
614.08
Size A Specialty Sign - Cost of Manufacturing
Each
1
$ 82.50
$ 82.50
614.09
Size B Specialty Sign - Cost of Manufacturing
Each
1
$ 93.50
$ 93.50
614.10
Cone With Reflective Strip
Per Day Per Each
250
$ 0.66
$ 165.00
614.11
Safety Fence
Per Day Per Roll
5
$ 3.30
$ 16.50
614.12
Light - Steady Bum
Per Day Per Each
20
$ 3.30
$ 66.00
614.13
Light- Flashing
Per Day Per Each
200
$ 3.36
$ 672.00
614.14
Advance Warning Flashing - or Sequencing
Arrow Panel
per Day Per Each
1
$ 77.00
$ 77.00
614.15
Traffic Control Supervisor
Per Day
25
$ 308.00
$ 7,700.00
614.16
Traffic Control Supervisor
Per Hour
200
$ 30.00
$ 6,000.00
614.17
Flagging
Per Hour
50
$ 18.50
$ 925.00
Page 2 of 3
SECTION 00330
BID SCHEDULE
City of Fort Collins Pedestrian Access Project
FOUR HUNDRED NTY THO SA FIFTY EVEN Dollars and SEVENTY FIVE cents
Signed t Ad�d>ess� A w
Company
Phone/Fax
Page 3 of 3
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410Bid Bond
00420Statement of Bidder's Qualifications
00430Schedule of Subcontractors
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 9
SECTION 00300
BID FORM
11i73i�i7
KNOW ALL BY THESE PRESENTS, that we, the undersigned VOGEL CONCRETE, INC.
1313 Blue Spruce Drive, Suite B, Fort Collins, Colorado 80524 as Principal, and
INLAND INSURANCE COMPANY, P.O. Box 80468, Lincoln, Nebraska 68501
as Surety, are hereby held and firmly bound unto the City of Fort Collins,
Colorado, as Owner, in the penal sum of Five Percent (5%) of the Total Amount of the Bid
for the
payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the
accompanying bid and hereby made a part hereof to enter into a Contract Agreement for the construction of City of Fort Collins Project,
Bid No. 5601, Pedestrian Access Project, Fort Collins, Colorado
WHEREAS, the Owner, as a condition for receiving said bid, requires the Principal to deposit with the Owner a Bid Guaranty equal to
five percent (5% ) of the amount of said bid.
NOW, THEREFORE,
(a) If said bid shall be rejected; or in the alternate,
(b) If said bid shall be accepted and the Principal shall execute and deliver a Contract Agreement (properly completed in
accordance with said bid) and shall furnish a Performance and Payment Bond upon the forms prescribed by the
Owner for the faithful performance of said Agreement; and shall in all other respects perform the agreement created
by the acceptance of said bid;
then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired
or affected by any extension of the time within which the Owner may accept such bid; and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 24th day of
April , 2001 , 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. 1,
PRINCIPAL SURETY
Name: VOGEL CONCRETE, INC. INLAND INSURANCE COMPANY
Address: 1313 Blue Spruce Drive, Suite B, Fort Collins, CO 1312 E. Nichols Ave ue, LittletorV CO 80122-2913
By:cC—�Ci-2:'LLC / - _ -
Title: Attorney -in -Fact: Celeste T. Moore -Helms
(SEAL)
S-27471GEEF 2198
LOCICfON
1-owoN COMPANIES
Post Office Box 469000 / Denver, CO 80246.9000
(303) 753.2000/Fax: (303) 753.2099
INLAND INSURANCE COMPANY
Lincoln, Nebraska
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the INLAND INSURANCE COMPANY, a corptmdon of the State of Nebraska having its principal office in the City of Lincoln, Nebraska, pursuant to the
following Bylaw, which was adopted by the Board of Directors of the said Company on July 23, 1981, to wit:
"Article VSection 6. RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The President or any Vice President. acting with any Secretary or Assistant Secretary,
shall have the authority to appoint Resident Vice Presidents and Attorneys -In -Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as
Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President, acting with any Secretary or
Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time."
does hereby make, constitute and appoint
WILLIAM M. OrCONNELL, JR. OR SARAH FINN OR SUE WOOD OR SHELLEY CZAJKOWSKI OR
DEBBIE POPPE OR CELESTE T. MOORE—HELMS OR DEBBIE A. HASLAM,
DENVER, COLORADO
its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety:
Any and all undertakings of suretyship
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes,
as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own persons.
The following Resolution was adopted at the Regular Meeting of the Board of Directors of the INLAND INSURANCE COMPANY, held on July 23,1981:
"RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in
accordance with Article VSection 6 of the Company Bylaws: and that any such Power of Attorney hearing such facsimile signatures, including the facsimile signature of a
certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is
attached."
All authority hereby conferred shall remain in full force and effect until terminated by the Company.
IN WITNESS WHEREOF, INLAND INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereunto
affixed this 21 day of JUNE 20 00
V ��Ps
Tecretary By
State of Nebraska )
) ss.
County of Lancaster )
INLAND INSURANCE COMPANY
�-�t74-
Vice President
On this 21 day of JUKE 20 00 , before me personally came Robert L Privett, tome known, who being by me duly swom, did depose
and say that (s)he resides in the County of Seward, State of Nebraska; that (s)he is the Vice President of the INLAND INSURANCE COMPANY, the corporation
described in and which executed the above instrurrcnt; that (s)he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her) name by like order; and that Bylaw, Article VSection 6, adopted by
the Board of Directors of said Company, referred to in the preceding instrument, is now in force.
GBVEAAL NOTARY-Sdao of Nehr4W
CHERYLA. BROWN
Ny Corm. EXP. April 12 aM
My Commission Expires April 12, 2003. Notary Public lJ
1, Jeanne Bene, Assistant Secretary of INLAND INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of
Attorney executed by said INLAND INSURANCE COMPANY, which is still in full force and effect.
Signed and sealed at the City of Lincoln, Nebraska this 24th day of ADril 20 01
eottrourE
r
i
C _
-Assistant Secretary
;{
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: f/zrj. p f
2. Permanent main office addr ss:
3. When organized: /zg_'(;�
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your
present firm or trade name? 1_12 5-
6. Contracts on hand: (Schedule these, showing the amount .of each contract and
the appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
S. Have you ever failed to complete any Work awarded to you?
If so, where and why?
9. Have your ever defaulted on a contract? .C/a
If so, where and why?
10. Are you debarred by any -government agency?
If yes list agency name.
7/96
„/n
Section 00420 Page 1
11. List the more important projects recently completed by your company, statin
the approximate cost of each, and the month and year completed, locatic
and type of construction.
12. List your major equipment available for this contract.
srv�k ,CiulMae.
13.. Experience in construction Work similar in importance to this
project:
i
14. Background and experience of the principal members of your organizatio:
including officers:
j�10Al Jii"S
15. Credit available: $ 1,C5967 eaa
16. Bank reference:
17. Will you, upon request, fill out a detailed financial statement and furni
any other information that may be required by the OWNER?
18. Are you licensed as a General CONTRACTOR? y�
If yes, in what city, county and state?' WY.
class, license and numbers?
a 19. Do you anticipate subcontracting Work under this Contract?_yQS
If yes, what percent of total contract?�
and to whom?
20. Are any lawsuits pending against you or your firm at this time? v"y
If y(
DETAIL
7/96 Section 00420 Page 2
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section
BID INFORMATION
00020 Notice Inviting Bids
00100 Instruction to Bidders
00300 Bid Form
00400 Supplements to Bid Forms
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430 Schedule of Major Subcontractors
CONTRACT DOCUMENTS
00500 Agreement Forms
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release(Contractor)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC -A
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
SPECIFICATIONS
Pages
00020-1 - 00020-2
00100-1 - 00100-9
00300-1 - 00300-5
00400-1
00410-1 - 00410-2
00420-1 - 00420-3
00430-1
00500-1
00510-0
00520-1 - 00520-6
00530-1
00600-1
00610-1 - 00610-2
00615-1 - 00615-2
00630-1
00635-1
00640-1
00650-1 - 00650-2
00660-1
00670-1 - 00670-2
00700-1 - 00700-34
GC -Al - GC-A2
00800-1 - 00800-2
00900-1
00950-1 - 00950-2
00960-1 - 00960-2
21. What are the limits of your public liability? DETAIL
What company? �.,� ",- I - /✓
22. What are your company's bonding limitations?_ / arrv,aaa
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 3:0V 10e/22. this c23 day of l¢jyy � 200/.
—� —
Title: A-1e, j
State of Cry -
County of �ir^srrrn,Y
4Z)aY\l-e\ being duly sworn deposes and says that he is
of and that
(name of organization)
the answers to the foregoing questions and all statements therein contained are
true and correct..
Subscribed and sworn to before me this IN_ day of
2001.
Notary Public • y•.
WELLS FARGO BANK WEST N.A. • ��
COLLINS "ICE
S. COLLEGE AVE P-181 cry I iMq rn onCZG4 tilji' A
My commission ex
pires ��. II, 200I �C01•
* Goel+niabe EVkU /2.11-M
7/96 Section 00420 Page 3
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractor
performing over 10% of the contract.
ITEM / SUBCONTRACTOR
7/96
Section 00430-Page 1
SECTION 00510
NOTICE OF AWARD
Date: May 10, 2001
TO: Vogel Concrete, Inc.
PROJECT: PEDESTRIAN ACCESS PROJECT; BID NO. 5601
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated April 23, 2001 for the above project
has been considered. You are the apparent successful Bidder and have been awarded
an Agreement for PEDESTRIAN ACCESS PROJECT; BID NO. 5601.
The Price of your Agreement is Four Hundred Twenty Thousand Fifty-seven Dollars
and Seventy-five cents ($420,057.75).
Four (4) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Four (4) sets of the Drawings will be delivered
separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days
of the date of this Notice of Award, that is by May 25, 2001.
1. You must deliver to the OWNER four (4) fully executed counterparts of the
Agreement including all the Contract Documents. Each of the Contract
Documents must bear your signature on the cover of the page.
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.
7/96 Section 00510 Page 1
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the loth day of May in the year of 2001 and shall
be effective on the date this AGREEMENT is signed by the City.
The City Qf Fort Collins (hereinafter called OWNER) and
Vogel Concrete Inc (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may be
the whole or only a part is defined as removal and/or installation of concrete
curbs, gutters, sidewalks, crosspans, aprons, drive approaches and pedestrian
access ramps, and placement of temporary asphalt patching adjacent to new
concrete on designated streets in the City of Fort Collins. Specific locations
are described in Section 2500, Quantity Estimate, 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 to be performed pursuant to this Agreement shall be fully
completed within ninety-five (95) working days of the Contractor having received
Notice to Proceed.
3.1.1 Contract Period. This Agreement shall commence when this
contract is signed by the City, and shall continue in full force until
April 26, 2002, unless sooner terminated as herein provided. In addition
at the option of the City, the agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods.
Pricing changes, if any, shall be negotiated by and agreed to by both
parties in writing.
10/97 Section 00520 Page 1
3.2. Licduidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expenses and difficulties involved in proving in
a legal proceeding the actual loss suffered by OWNER if the Work is not completed
on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall
pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
One Thousand Dollars ($1000,00) for each calendar day or fraction
thereof that expires after the ninety-five (95) 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 five (5)
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: ($420,057.75),
Four Hundred Twenty Thousand Fifty-seven Dollars and events five cents, in
accordance with Section 00300, attached and incorporated herein by this
reference.
ARTICLE S. 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.
10/97 Section 00520 Page 2
5.1.1. Prior to Substantial Completion, progress payments will be in the
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 90% of the value of Work completed until the Work has been
50% completed as determined by ENGINEER, when the retainage equals 5% of the
Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 90% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the application for
payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 9596 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
10/97 Section 00520 Page 3
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the Contract
Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of
paragraph 4.2 of the General Conditions; and no additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within
the Contract Times and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provision of paragraph 4.3. of the
General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
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:
7.2.1Certificate 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
10/97 Section 00520 Page 4
7.2.6Application for Payment
7.3 Drawings are included in specifications.
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 1, inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract Documents pursuant
to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or
incorporated by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the
General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not without
limitations, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or
discharge that assignor from any duty or responsibility under the Contract
Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
10/97 Section OOS20 Page 5
OWNER: CITY FORT COLLINS CONTRACTO Vogel Concrete, Inc.
By: �b - By:
JON
FI CHB H, CITY R
l c--- !i A . AA
BY:
JVRE
O'NEILL II, CPPO
OR OF PURCHASING
2 AGEMENT
Date:
Attest: �4u
Cit
Address for gi
P. O. Box 580
Title: �p,n
Date: / p�
(CORPORATE SEAL)
Attest:
SPIAL so
.g,.noticesy: Address for giving notices:
Fort Collins, CO 80522
Approved as to Form
Assistant City Atto
t%At 00'1l&ft� M.
131 BLUE SPRUCE DR.
rT.'E666-NS. 69 ----
LICENSE NO.:
10/97 Section 00520 Page 6
SECTION 00530
NOTICE TO PROCEED
Description of Work: PEDESTRIAN ACCESS PROJECT; BID NO. 5601
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.
Thatthe required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore,
as
the CONTRACTOR for
the above described
Work, you are hereby
authorized
and
directed to proceed
within (
) calendar days from
receipt of
this
notice as required
by the Agreement.
Dated this day of
20
The dates for Substantial Completion and Final Acceptance shall be
and 20_, respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day
of 20
CONTRACTOR
By:
Title:
7/96
Section 00530 Page 1
No Text
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670Application for Exemption Certificate
00600 PERFORMANCE BOND
Bond No. 791813
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) VOGEL CONCRETE, INC.
(Address) 1313 Blue Spruce Drive, Suite B, Fort Collins, CO 80524
( , (a Corporation), hereinafter referred to as "the Principal," and
(Firm) INLAND INSURANCE COMPANY
(Address) P. 0. Box 80468, Lincoln, NE 68501
hereinafter referred to as "the Surety", a corporation authorized to do business in the State of
Colorado, are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue,
Post Office Box 580, Fort Collins, Colorado 80522, a Municipal Corporation, hereinafter referred
Four Hundred Twenty Thousand Fifty
to as "the Owner", in the penal sum of seven and 75/100 ($420,057.75) ----- 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 Construction Agreement with the Owner, dated the 10thday of May ,
2001, a copy of which is hereto attached and made a part hereof for the performance of City of
Fort Collins Bid No. 5601, Pedestrian Access Project, Fort Collins, Colorado
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties,
all the undertakings, covenants, terms, conditions and agreements of said Construction Agreement
during the original term thereof, and any extensions thereof which may be granted by the Owner,
Page 1 of 3
with or without Notice to the Surety and during the life of the guaranty period, and if the Principal
shall satisfy all claims and demands incurred under such Contract Agreement, and shall fully
indemnify and save harmless the Owner from all cost and damages which it may suffer by reason
of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the
Owner may incur in making good any default, and then this obligation shall be void; otherwise
to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract
Agreement or to the work to be performed thereunder or the specifications accompanying the same
shall in anyway affect its obligation on this bond; and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract Agreement or to the
work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one of
which shall be deemed an original, this 16th day of May , 2001.
IN PRESENCE OF:
VOGEL CONCRETE, INC.
Principal
By:
(Title)
1313 Blue Spruce Drive, Suite B
(Address)
Fort Collins, CO 80524
Page 2 of 3
IN PRESENCE OF:
"NOT APPLICABLE"
IN PRESENCE OF:
B AUL�_
Shelley Czaj wsl
Denver, Colorado
Other Partners
By: "NOT APPLICABLE"
INLAND INSURANCE COMP
Surety
attorney-in-Facd
ste T. Moore -Helms
P. 0. Box 80468
Lincoln, NE 68501
(Address)
(SURETY SEAL)
NOTE: Date of Bond must not be prior to date of Construction Agreement. If Contractor
is Partnership, all partners should execute Bond.
LOCKTON
LocKToN CoNvANIES
Post Office Box 469000 / Denver, CO 80246.9000
(303) 753.2000/Fax: (303) 753.2099
Page 3 of 3
00601
Bond No. 791813
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)_VOGEL CONCRETE, INC.
(Address) 1313 Blue Spruce Drive, Suite B, Fort Collins, CO 80524
( (a Corporation), hereinafter referred to as "the Principal", and
(Firm)INLAND INSURANCE COMPANY
(Address) P. 0. Box 80468, Lincoln, NE 68501
hereinafter referred to as "the Surety", a corporation authorized to do business in the State of
Colorado, are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue,
Post Office Box 580, Fort Collins, Colorado 80522, a Municipal Corporation, hereinafter referred
Four Hundred Twenty Thousand Fifty
to as "the Owner," in the penal sum of Seven and 75/100 -- ($420,057.75) --- 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 Construction Agreement with the Owner, dated the 10thday of May ,
2001, a copy of which is hereto attached and made a part hereof for the performance of City of
Fort Collins Bid No. 5601, Pedestrian Access Project, Fort Collins, Colorado
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 Construction Agreement, and any authorized extension or
Page 1 of 3
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.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Construction
Agreement or to the work to be performed thereunder or the specifications accompanying the same
shall in any way affect its obligation on this bond; and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Construction Agreement or
to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between
the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one of
which shall be deemed an original, this 16thday of May , 200I
IN PRESENCE OF:
LLIQ1,9091
, F21 Own WTV
VOGEL CONCRETE, INC.
(Title)
1313 Blue Spruce Drive, Suite B
(Address)
Fort Collins, CO 80524
Other Partners
Page 2 of 3
IN PRESENCE OF:
By: "NOT APPLICABLE"
"NOT APPLICABLE"
By:
By:
Surety
INLAND INSURANCE CO ANY
IN PRESENCE OF:
Attorney -in- act
By: q Qjjll�o�( leste T. Moore —Helms
Shelley CzajXOwskO P. 0. Box 80468
Denver, Colorado Lincoln, NE 68501
(Address)
(SURETY SEAL)
NOTE: Date of Bond must not be prior to date of Construction Agreement. If Contractor
is Partnership, all partners should execute Bond.
LOCK ON
NIES
Post Office Box469000 CKTONDenver CO 80246.9000
(303) 753.2000/Fax: (303) 753.2099
Page 3 of 3
INLAND INSURANCE COMPANY
Lincoln, Nebraska
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the INLAND INSURANCE COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln, Nebraska, pursuant to the
following Bylaw, which was adopted by the Board of Directors of the said Company on July 23, 1981, to wit:
"Article VSection 6. RESIDENT OFFTCERS AND ATTORNEYS -IN -FACT. The President or any Vice President, acting with any Secretary or Assistant Secretary,
shall have the authority to appoint Resident Vice Residents and Attomeys-In-Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as
Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President, acting with any Secretary or
Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time.
does hereby make, constitute and appoint
WILLIAM M. O'CONNELL, JR. OR SARAH FINN OR SUE WOOD OR SHELLEY CZAJKOWSKI OR
DEBBIE POPPE OR CELESTE T. MOORE—HELMS OR DEBBIE A. HASLAM,
DENVER, COLORADO
its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety:
Any and all undertakings of suretyship
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes,
as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own persons.
The following Resolution was adopted at the Regular Meeting of the Board of Directors of the INLAND INSURANCE COMPANY, held on July 23, 1981:
"RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in
accordance with Article VSection 6 of the Company Bylaws: and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a
certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with aspect to any bond, undertaking or contract of suretyship to which it is
attached."
All authority hereby conferred shall remain in full force and effect until terminated by the Company.
IN WITNESS WHEREOF, INLAND INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereunto
affixed this 21 day of JUNE 20 00 .
Secretary By
State of Nebraska )
ss.
County of Lancaster )
INLAND INSURANCE COMPANY
�'6t
Vice President
On this 21 day of JUNE , 20 00 , before me personally came Robert L Privett, to me known, who being by me duly swom, did depose
and say that (s)he resides in the County of Seward, State of Nebraska; that (s)hc is the Vice President of the IN L dtND INSURANCE COMPANY, the corporation
described in and which executed the above instrument; that (s)he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her}name by like order, and that Bylaw, Article V-Section 6, adopted by
the Board of Directors of said Company, referred to in the preceding instrument, is now in force.
semu� Mowrrsa�e to
CHERYLA. BROWN
Ny Corm. 6V. W IZ 20M
My Commission Expires April 12, 2003. Notary Public
1, Jeanne Beno, Assistant Secretary of INLAND INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of
Attorney executed by said INLAND INSURANCE COMPANY, which is still in full force and effect
Signed and sealed at the City of Lincoln, Nebraska this 16th day of May 20 01
ti
eparaMTE
Assrstant Secretary
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Insurance Company if selection box is not checked.
6000 American Pky Madison, Wisconsin 53783-0001
Agent's Name, Address and Phone Number (Agt./Dist.) Insured's Name and Address:
Harold F Lee Agency (127-305) Vogel Concrete Inc
2600 S Parker Rd #1-117 1313 Blue Spruce Dr B
Aurora, CO 80014 Ft Collins, CO 80524
303-695-1040
This certificate is issued as a matter of Information only and confers no rights upon the Certificate Holder.
This certificate does not amend. extend or alter the coverage afforded by the policies listed below.
This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any
requirement, term or condition of any 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.
POLICY TYPE
TYPE OF INSURANCE
POLICY NUMBER
LIMITS OF LIABILITY
Effective
Expiration
(Mo,Day,Yr)
(Mo,Day,Yr)
Homeowners/
Bodily Injury and Property Damage
Mobilehomeowners Liability
Each Occurrence
Boatowners Liability
Bodily Injury and Property Damage
Each Occurrence
Personal Umbrella Liability
Bodily Injury and Property Damage
Each Occurrence
Farm/Ranch Liability
Farm & Personal Liability Each Occurrence
Farm Employer's Liability Each Occurrence
Statutory ... .
Workers Compensation and
Each Accident
Employers Liability +
Disease - Each Employee
Disease - Policy Limit
General Liability
General Aggregate $ 2,000,000
® Commercial General
05-X60979
1/1/2001
1/112002
Products - Completed Operations Aggregate $ 2,000,000
Liability (occurrence)
Personal and Advertising Injury $1,000,000
❑
Each Occurrence $1,000,000
❑
Fire Damage (Any One Fire) $ 100,000
Medical Expense (Any One Person) $ 5,000
Businessowners Liability
Each Occurrence ++
Aggregate + +
Automobile Liability
Bodily Injury - Each Person $ 1,000,000
® Owned Autos (Basic form)
05-X60979
1/112001
1/1/2002
Bodily Injury - Each Accident $ 1,000,000
❑ Owned Autos (Comp form)
Property Damage $ 1,000,000
® Hired Autos
Bodily Injury & Property Damage Combined
® Non -owned Autos
❑ Garage liability
Excess Liability
❑ Commercial Blanket Excess
05-X60979
1/1/2001
1/1/2002
Each Occurrence/Aggregate $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS
+ The individual or partners shown as Insured " elected to be
covgred as employees under this policy.
++'products-Complated Operations aggregate is equal to each
occurrence limit and is included in policy aggregate.
City of Fort Collins
® Should any of the above described policies be canceled before the
Purchasing Department
expiration date thereof, the company will endeavor to mail'( 30 days) written
ATTN: Jan
notice to the Certificate Holder named, but failure to mail such notice shall
256 W. Mountain
impose no obligation or liability of any kind upon the company, its agents or
Fort Collins, Co 80521
representatives. *10 days unless different number of days shown.
® This certifies coverage on the date of Issue only. The above described
policies are subject to cancellation in conformity with their terms and by the
laws of the state of issue.
1 /5/2001
to
�::� -de e
ACOR& CERTIFICATE OF LIABILITY INSURANCE DATE (10/13/003/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4821 Wheaton Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P 0 Box 270370
Fort Collins, CO 80527 INSURERS AFFORDING COVERAGE
INSURED INSURER A:Plnnacol Assurance
Vogel Concrete Inc. INSURER B:
1313 Blue Spruce Dr #B INSURER C:
Fort Collins, CO 80524
INSURER D:
INSURER E:
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.
ILTR TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION
LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
i
—� COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lfre) $
CLAIMS MADE OCCUR MED EXP(Any one person) $
PEHSONAL B AOV INJURY $
-- GENERAL AGGREGATE $
! GENLAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OP AGO $
_
.;.AUTOMOBILE LIABILITY
I
ANYAUTO
COMBINED SINGLE LIMIT
(EaaccIdant) $
: BALL OWNED AUTOS
SCHE DULED AUTOS
BODILYINJURY
(Per person) $
HIRED AUTOS
NON -OW NED AUTOS
BODILYINJURY
(Peraccident) $
PROPERTY DAMAGE $
(Per accIdent)
s
!GARAGE LIABILITY
iL(
AUTO ONLY- EA ACCIDENT $
ANY AUTO
OTHER THAN EAACC $
! EXCESSLIABILMY
_ OCCUR I� CLAIMS MADE
- AGG
EACH OCCURRENCE
$
$
AGGREGATE
$
DEDUCTIBLE
RETENTION $
A WORKERS COMPENSATION AND
EMPLOYERS'LIABILITYIMT
2086850
10/01/00
07/01/01
$
X WC STATU- OTH-
$
E.L. EACH ACCIDENT
$100 000
E.L.0ISEASE-EA EMPLOYEE
$100 000
E.L. DISEASE -POLICY LIMIT $5 0 0 0 0 0
OTHER
i
DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES/EXCLUSIONS AD DE D BY ENDORSEMENT/SPECIAL PROVISIONS
City of Ft Collins Purchasing Dept
Attn: Jan
256 W. Mountain
Fort Collins, CO 80521
SHOULD ANY OFTHEABOVE DESCRIBED POLICESSE CANCELLED BEFORETHE EXPIRATION
DATETHEREOF,THE ISSUING INSURERWILLENDEAVORTO MAI CA DAYSWRITTEN
NOTKETOTHECERTIFICATEHO ERNAMEDTOTFELEFT,BUrFAILl1FlETODOSOSHALL
IMPOSE NO OBLIGATION OR ABILITY OF ANY KIW UPON THE INSURER,ITS AGENTS OR
AUTHORIZED
ACORD25-S(7/97)1 Of 2 #S166520/M166508 $ o ORDCORPORATION1988
SECTION 00020
INVITATION TO BID
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:
PEDESTRIAN ACCESS PROJECT; BID NO. 5601
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado
INCLUDE:
OWNER: City of Fort Collilg
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.
•
REMARKS:
7/96
AUTHORIZED REPRESENTATIVE
Section 00635 Page 1
DATE
I
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO:
Gentlemen:
You are hereby notified that on the _ day of , 20_,
Fort Collins, Colorado, has accepted the Work completed by
for the City of Fort Collins project,
ACCESS PROJECT; BID NO. 5601.
, 20
the City of
PEDESTRIAN
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,
• 0:
By:
Title:
ATTEST:
Title:
7/96
Section 00640 Page 1
employees, agents or assigns arising out of the project for all loss,
damage and costs, including reasonable attorneys fees, incurred as a result
of such claims.
5. The parties acknowledge that the description of the project set forth above
constitutes and adequate description of the property and improvements to
which this Lien Waiver Release pertains. It is further acknowledged that
this Lien Waiver Release is for the benefit of and may be relied upon by
the OWNER, the lender, if any, and Surety on any labor and material bonds
for the project.
Signed this day of , 20
CONTRACTOR
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
20_, by
Witness my hand and official seal.
My Commission Expires:
Notary Public
7/96 Section 00650 Page 2
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Insert State certificate here.
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(M)
C
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building
materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment,
supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the
structure, highway, road, street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption cerfi icate will result in revocation ofyour exemption certificate and other penalties provided
by law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime
contractor to issue certificates to each of the subcontractors. (See reverse side.)
FAILURE TO ACCURATELY COMPLETEALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
RReggistration/Acoount No. (to be assigned by DOR)
Penod89-
j 7a750 (999) 0.Ot7
j a r . 1^. � 4341YfR 1� N Y S.�Y•1i t4 •ia 4 F T t}i4, 4y„v h # N Ky Y 1 .: '4 f SI ^
. .A "
3aN'Y,S
Trade name/DBA: Owner, partner, or corporate name:
Mailing address (City, State, Zip): Contact Person
E-Mail address:
Federal Employer's Identification Number.
Bid amount for your contract
Fax number.
Business telephone number.
Colorado withholding tax account number.
Name of exempt organizatlon (as shown on contract).
Exempt organizauon's number.
98 -
Address of exempt organization (City, State, Zip):
Principal contact at exempt organization: Principal contact's telephone number.
Physical location of project site (give actual address when applicable and cites and/or County (ies) where project is located)
Scheduled Month Day Year
Estimated Month Day Year
construction start date:
complet10 date:
�'k"1 � 'N}�� Y� }��,�. �� � eBi ���i^X;i' .s, W �J 4 ys 1•' r NI � �RiS` � t ti �� i,iTk l%$ftR 7t�'
����-a
. 34 ,.,-c t#PP, .t,. 4 N. 'i u�.0 �'••': '§�' .R?'liit y � i� } ✓���ty ''u`;Z�,k`+:;s�w
1 declare under penalty of perjury in the second degree that the statements made in this application are true and
complete to the best of my knowledge.
Signature of owner, partner or corporate officer.
Title of corporate officer.
Date:
..% , .. n91G oG1-WTV 1r7147 Lit=
No Text
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 Page
Number & Title
Number
Number & Title
Number
1. DEFINITIONS......................................................1
2. PRELIMINARY
MATTERS
1.1
Addenda ............................................. j
2.1
................................ 3
Delivery of Bonds.............................3
1.2
Agreement ......................................... 1
2.2
Copies of Documents
1.3
Application for Payment ......................1
2.3
........................
Commencement of Contract
1.4
Asbestos ............................................. j
Times; Notice to Proceed............... 3
1.5
1.6
Bid.....................................................1
Bidding Documents
2.4
Starting the Work... 3
............................. 1
2.5-2.7
Before Starting Construction;
1.7
Bidding Requirements ..........................
CONTRACTOR's Responsibility
1.8
Bonds .................................................
to Report; Preliminary Schedlles;
1.9
Change Order ...................................... I
Delivery of Certificates of
1.10
Contract Documents ............................ j
Insurance •, 3 4
............................
Contract Price 1
2.8
Preconstruction Conferenc@..............
1.12
Contract Times••:................................1
2.9
Initially Acceptable Schedules 4
1.13
CONTRACTOR •
""""'•
1.14
defective.............................................1
3. CONTRACT DOCUMENTS: INTENT,
1.15
Drawings ........................................... j
AMENDING, REUSE
1.16
Effective Date of the Agreement
3.1-3.2
Intent,.•„•,•„•,,,•,,,•.,,,..... 4
1.17
•,,,,,,,,,1
ENGINEER .........................................
3.3
Reference to Standards and Speci-
1.18
ENGINEERs Consultant.,,................... 1
fications of Technical Societies;
1.19
Field Order .......................................... I
Reporting and Resolving Dis-
1.20
General Requirements 2
1.21
.........................
Hazardous Waste,,,,,,,,,,,,,,,,,,,,,,,, 2
3.4
crepancies................. 4-5
...............
Intent of Certain Terms or
1.22.a
Laws and Regulations; Laws or
Adjectives
Regulations,•„ ............................ 2
3.5
................................. 5
Amending Contract Docunents 5
1.22.b
Legal Holidays .................................... 2
3.6
Supplementing Contract
1.23
Liens..................................................Z
Documents................... 5
1.24
Milestone ............................................2
3.7
Reuse of Documents.........................5
1.25
Notice of Award„••,•,,,,,,..,,,• ?
1.26
Notice to Proceed ................................. 2
4. AVAILABILITY
OF LANDS;
1.27,
OWNER ............................................. 2
SUBSURFACE AND PHYSICAL CONDITIONS;
1.28
Partial Utilization ................................
REFERENCE POINTS.•,,,••,,,,,, 5
1.29
PCBs .................................................2
4.1
""......"•
Availability of Lands.....................5-6
1.30
Petroleum...........................................2
4.2
Subsurface and Physical
1.31
1.32.a
Project................................................2
Radioactive Material ............................ 2
4.2.1
Conditions..
Reports and Drawings
1.32.b
Regular Working Hours,.,, ............... ....2
4.2.2
..•••_,,,• ¢
Limited Reliance by CONTRAC-
"C_
1.33
Resident Project Representative ............ 2
TOR Authorized; Technical
1.34
Samples..............................................7
Data ...........................
1.35
Shop Drawings .............................. 2
4.2.3
Notice of Differing Subsurface
1.36
Specifications 2
.....................................
or Physical Conditions 6
1.37
Subcontractor .....................................?
4.2.4
ENGINEER s Review """""
1.38
Substantial Com letio
P 4.......................z
4.2.5
Possible Contract Documents
1.39
Supplementary Conditions...................2
Change
1.40
Supplier .............................................. 2
4.2.6
..................
Possible Price and Times
1.41
Underground Facilities .....................z_3
Adjustments ••, ¢_7
...............
1.42
Unit Price Work,•,,,,,,,,,,,,,,,,,,,,,,,,, 3
4.3
Physical Conditions --Underground ...
1.43
1.44
Work..................................................3
Work Change Directive
4.3.1
Facilities..... ................................. 7
Shown or Indicated 7
1.45
Written Amendment,,,,, ,,,,• 3
4.3.2
Not Shown or Indicated•,,,,,,,,,,,,,,,,, 7
4.4
Reference Points •.......•,
FJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number & Title
Page
Number
9.6
Rejecting Defective Work ..................
21
9.7-9.9
Shop Drawings, Change Orders
and Payments....................................
1
9.10
Determinations for Unit Pricel.......
1-22
9.11-9.12
Decisions on Disputes; ENGI-
NEER as Initial InterpreteT.............22
9.13
Limitations on ENGINEER's
Authority and Responsibilitieg„_,
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 Orderij .................................
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.......................25
11.7
Cost Records .................................
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.......................................
12.4
Delays Beyond OWNERS and
CONTRACTOR's Control.„............27
TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK..................................................77
13.1
Notice of Defects...............................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..............................27
13.6-13.7
Covering Work Prior to Inspec-
tion, Testing or Approvat................77
iv
Article or Paragraph
Page
Number & Title
Number
13.8-13.9
Uncovering Work at ENGI-
NEER's Request .....................27-28
13.10
OWNER May Stop the Work .........28
13.11
Correction or Removal of
Defective Work ...........................78
13.12
Correction Period ..........................28
13.13
Acceptance ofDefective Work .........
29
13.14
OWNER May Correct Defective
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............................
14.4-14.7
..........29
Review of Applications for
Progress Payments..................29-30
14.8-14.9
Substantial Completion ..................
30
14.10
Partial Utilization, .....................
30-31
14.11
Final Inspectioq .............................31
14.12
Final Application for Payment ........
31
14.13-14.14
Final Payment and Acceptancq .......
31
14.15
Waiver of Claims......................31-32
15. SUSPENSION OF WORK AND
TERMINATION ................................................ 2
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..............................33
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-Al
16.7 Mediation...............................GC-Al
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
SECTION 00020
INVITATION TO BID
Date: April 2, 2001
Sealed Bids will be received by the City of Fort Collins (hereinafter referred
to as OWNER), at the office of the Purchasing Division, 256 West Mountain Avenue,
Fort Collins, Colorado until 3:00 P.M., our clock, on Tuesday, April 24, 2001,
for the PEDESTRIAN ACCESS PROJECT; Bid No. 5601.
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 removal and/or installation of concrete curbs,
gutters, sidewalks, crosspans, aprons, drive approaches and pedestrian access
ramps, and placement of temporary asphalt patching adjacent to new concrete on
designated streets in the City of Fort Collins. Specific locations are described
in Section 2500, Quantity Estimate.
All Bids must be in accordance with the Contract Documents on file with The City
of Fort Collins, 256 West Mountain Avenue, Fort Collins, Colorado 80521.
Contract Documents will be available Tuesday, April 3, 2001.
Copies of the Contract Documents, complete with Construction Specifications and
Drawings, may be obtained from Purchasing Division at 256 West Mountain Avenue,
Fort Collins, Colorado, 80521 upon payment of a refundable fee of Twenty-five
Dollars ($25.00) per set. No partial sets will be issued.
The Contract Documents and Construction Drawings may be examined at:
1. City of Fort Collins, Purchasing Division.
2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado.
3. 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 "Ell/Suite 219, Denver, Colorado.
A prebid conference and job walk with representatives of prospective Bidders will
be held at 10:00 a.m. on April 12, at 281 North College, Room C & D, Fort
Collins, Colorado.
Prospective Bidders are invited to present their questions relative to this Bid
Proposal at this meeting.
Bids will be received as set forth in the Bidding Documents.
7/96 Section 00020 Page 1
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, PEDESTRIAN
ACCESS PROJECT; BID NO. 5601.
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,
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: PEDESTRIAN ACCESS PROJECT; BID NO. 5601
1. The CONTRACTOR acknowledges having received payment, except retainage from
the OWNER for all work, labor, skill and material furnished, delivered and "
performed by the CONTRACTOR for the OWNER or for anyone in the
construction, design, improvement, alteration, addition or repair of the
above described project.
2. In consideration of such payment and other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR
voluntarily waives all rights, claims and liens, including but not limited
to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop —
notices, equitable liens and labor and material bond rights which the .
CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the
construction, design, improvement, alteration, addition or repair of the
above described project, against the OWNER or its officers, agents,
employees or assigns, against any fund of or in the possession or control
of the OWNER, against the project or against all land and the buildings on
and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the construction, design, improvement,
alteration, addition or repair of the project were furnished, delivered or
performed by the CONTRACTOR or its agents, employees, and servants, or by
and through the CONTRACTOR by various Subcontractors or materialmen or
their agents, employees and servants and further affirms the same have been
paid in full and have released in full any and all existing or possible
future mechanic's liens or rights or claims against the project or any
funds in the OWNER'S possession or control concerning the project or
against the OWNER or its officers, agents, employees or assigns arising out
of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter -
made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants,
agents or assigns against the project or against the OWNER or its officers,
7/96 Section 00650 Page 1 --
employees, agents or assigns arising out of the project for all loss,
damage and costs, including reasonable attorneys fees, incurred as a result
of such claims.
5. The parties acknowledge that the description of the project set forth above
constitutes and adequate description of the property and improvements to
which this Lien Waiver Release pertains. It is further acknowledged that
this Lien Waiver Release is for the benefit of and may be relied upon by
the OWNER, the lender, if any, and Surety on any labor and material bonds
for the project.
Signed this day of 20
CONTRACTOR
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO
)ss.
COUNTY OF LARIMER
Subscribed and sworn to before me this
20_, by
Witness my hand and official seal.
My Commission Expires:
day of
Notary Public
7/96 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins. Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT': PEDESTRIAN ACCESS PROJECT; BID NO. 5601
'l
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
on bond of
(Surety)
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day
of ,
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorney (s) -in- Fact.
7/96 Section 00660 Page 1
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Insert State certificate here.
DR 0172 (12198)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80281
(303)232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(M)
0
M1 Aln1 IAIMMT 1KI T !n OMAnr
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building
materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment,
supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the
structure, highway, road, street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided
by law.
A separate certificate is required for each contract -
Subcontractors will not be issued certificates of Exemption by the Department of Revenue. It is the responsibility of the prime
contractor to issue certificates to each of the subcontractors. (See reverse side.)
FAILURE TO ACCURATELY COMFLETEALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
RBeggistratiorl/Account No. (to be assigned by DOR)
Penod
Qj 7Q_75Q (999) $0.00
Trade name/DBA:
Owner, partner, or corporate name:
Mailing address (City, State, Zip):
Contact Person
E•Mail address:
Federal Employer's Idendilcation Number.
Bid amount for your contract
Fax number.
Business telephone number.
Colorado withholding tax account number.
Fiv
•^^'R.M'ml�'111: o�. rl� .. �' 4't�� rL: .N1M.... S: R .. 1 Y...:. p -u ,
y�
ame of exempt organization (as shown on contract), Exempt arganizatlons number.
98 - -
Address of exempt organization (C(ty, Sffite, Zrp):
Principal contact at exempt organization:
Principal contacts telephone number.
Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located)
Scheduled Month Day Year Estimated Month Day Year
construction start date: completlon data:
..r yhi4'..f..L u�us','':. k" .. '1i":• i Pi _ ..'.:�4.N`k4;-"Nr't �'tl ?:�AL�P��i�`.'I +�p"�','!�li'
I declare under penalty of perjury in the second degree that the statements made in this application are true and
complete to the best of my knowledge.
Signature of owner, partner or corporate officer.
Title of corporate officer.
Date:
vv 114%1 r rrnr 1 c DCLvrr 1 Rla LINK
No Text
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)
Article or Paragraph
Number & Title
TABLE OF CONTENTS OF GENERAL CONDITIONS
Page Article or Paragraph
Number Number & Title
DEFINITIONS......................................................1
1.1
Addenda
1.2
.............................................1
Agreement.......................................... I
1.3
Application for Payment„ ...................
1.4
Asbestos
1.5 .
.............................................1
Bid........................:............................1
1.6
Bidding Documents,,,,,,,,,,,,,,,,,,,,,
1.7
Bidding Requirements,,,,,,,,,,,,,,,,,
1.8
,,,,,1
Bonds ................................. 1
1.9
..........
Change Order,,,,,,,,,,,,, I
1.10
Contract Documents,,,,,,,,
1.11
Contract Price.....................................1
1.12
Contract Times,,,, I
1.13
CONTRACTOR .......... I
1.14
......... ...
defective.............................................1
1.15
Drawings............................................1
1.16
Effective Date of the Agreement ... 1
1.17
I .......
ENGINEER .....................
1.18
ENGINEERs Consultant .....................1
1.19
Field Order.........................................1
1.20
General Requirements ....................... 2
1.21
Hazardous Waste,,,,,,,,
1.22.a
Laws and Regulations; Laws or
Regulations ......................................?
1.22.b
Legal Holidays .....................................
1.23
Liens .................................................?
1.24
Milestone, ...........................................
1.25
Notice of Award .............. ?
1.26
Notice to Proceed2
1.27.
OWNER ...................... 2
1.28
Partial Utilization
1.29
PCBs ............... 2
...........................
1.30
Petroleum
1.31
...........................................2
Project
1.32.a
................................................2
Radioactive Material„
1.32.b
Regular Working Hours ........ .... ....2
1.33
Resident Project Representative,,,,, ,,,,2
1.34
Samples..............................................2
1.35
Shop Drawings
....................................
1.36
Specifications 2
......................................
1.37
Subcontractor .....,...... ?
1.38
Substantial Completioq,,,,,,, z
1.39
Supplementary Conditions,,,,,,,,,,, ,,,,,2
1.40
Supplier.,,,,,,,,
1.41
Underground Facilities..................... 2 3
1.42
Unit Price Work ..................................
1.43
Work..................................................3
1.44
Work Change Directive .......................
1.45
Written Amendment ...........................3
M
Page
Number
2. PRELIMINARY MATTERS 3
2.1
...........
Delivery of Bonds
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 Schedtles;
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.............................................4
3.3
Reference to Standards and Speci-
fications of Technical Societies;
Reporting and Resolving Dis-
3.4
crepancies ............................ 4-5
Intent of Certain Terms or
Adjectives .............................. 5
3.5
Amending Contract Documents 5
3.6
Supplementing Contract
Documents ................................... 5
3.7
Reuse of Documents5
4. AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.1
.........................................5
Availability of Lands.....................5-6
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............................................
4.2.3
6
Notice of Differing Subsurface
or Physical Conditions 6
4.2.4
ENGINEER's Review......... ¢
4.2.5
Possible Contract Documents
Change............ 6
4.2.6
...................
Possible Price and Times
Adjustments ............................... -7
4.3
Physical Conditions --Underground
Facilities,
4.3.1
,
Shown or Indicated,,,,,, „ ............ ,
4.3.2
Not Shown or Indicate
4.4
Reference Points„
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
The Work is expected to be -commenced within the time as required by Section 2.3
of General Conditions. Substantial Completion of the Work is required as
specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a
Payment Bond guaranteeing faithful performance and the payment of all bills and
obligations arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date -
fixed for opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any-,
informalities and irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany
each Bid in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City
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
Citv -af Fort Collins
04
Jes B. O'Neill, II, CPPO
chasing/Risk Management Director -*
7/96 Section 00020 Page 2
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
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
5.6
OWNER's Liability Insurance ...............
Property Insurance ..........................9-10
6.29
Submittals ...................................
Continuing the Work .....................17
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 Prodsion.........
10
6.31-6.33
Indemnification .........................17-18
-*
5.9
CONTRACTOR's Responsibility
6.34
Survival of Obligations
for Deductible Amounts ..................10
...................J8
A
5.10
Other Special Insuranck....................10
7. OTHER WORK .................................................
j8
5.11
Waiver of Rights...............................11
7.1-7.3
Related Work at Site ....................... 18
5.12-5.13
Receipt and Application of
7.4
Coordination, .................................
18
Insurance Proceeds .....................10-11
5.14
Acceptance of Bonds and Insu-
8. OWNER'S
RESPONSIBILITIES .........................18
a .
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 andPay Promptly
6. CONTRACTOR'S RESPONSIBILITIES ...............11
When Due ...................................
18
6.1-6.2
Supervision and Superintendence; ......11
8.4
Lands and Easements; Reports
6.3-6.5
Labor, Materials and Equipment ...
11-12
and Tests
6.6
Progress Schedule..............................12
8.5
...............................J8-19
Insurance..........................
......19
6.7
Substitutes and "Or -Equal" Items;
8.6
Change Orders ... :...........................
J9
CONTRACTOR's Expense;
8.7
Inspections, Tests and
Substitute Construction
Approvals........ .................19
-+
Methods or Procedures;
8.8
Stop or Suspend Work;
-
ENGINEER'S Evaluation.............12-13
Terminate CONTRACTOR's
"
6.8-6.11
Concerning Subcontractors,
Services......................................19
Suppliers and Others;
8.9
Limitations on OWNER'S
Waiver of Rights .........................13-14
Responsibilities ............................
19
6.12
Patent Fees and Royalties...................14
8.10
Asbestos, PCBs, Petroleum,
6.13
Permits.............................................14
Hazardous Waste or
_
6.14
Laws and Regulations ........................
34
Radioactive Material ....................
j9
6.15
Taxes...........................................14-15
8.11
Evidence ofFinanchl
Y
6.16
Use of Premises.................................15
Arrangements. .............................
19
6.17
Site Cleanlinesq................................15
6.18
Safe Structural Loading .....................
j 5
9. ENGINEER'S STATUS DURING
6.19
Record Documents .............................15
CONSTRUCTION.............................................19
6.20
Safety and Protection ....................
J5-16
9.1
OWNER's Representative ................
19
,
6.21
Safety Representative .........................J6
9.2
Visits to Site ..................................
19
6.22
Hazard Communication Program4 ......
16
9.3
Project Representative ...............
J9-21
6.23
Emergencies.....................................16
9.4
Clarifications and Interpre-
6.24
Shop Drawings and Sample§..............16
tations.........................................
1
-�
9.5
Authorized Variations in Nftk........
1
EICDC GENERAL CONDITIONS 1910-9 (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
13.8-13.9
Uncovering Work at ENGI-
9.7-9.9
Shop Drawings, Change Orders
NEER's Request,,,,,,,,,, 27.28
and Payments ................................
21
13.10
..
OWNER May Stop the Work 28
9.10
Determinations for Unit Price4......
21-22
13.11
..........
Correction or Removal of
9.11-9.12
Decisions on Disputes; ENGI-
Defective Work ...........................
NEER as Initial Interprete;,,,,,,,,,,,.„
22
13.12
Correction Period 28
9.13
Limitations on ENGINEER's
13.13
.. .... .........
Acceptance ofDefective Work 28
Authority and Responsibilitiel..... 22-23
13.14
.........
OWNER May Correct Defective
CHANGES IN THE WORK ........................................
23
Work ..................................... 28-29
10.1
OWNER's Ordered Change................23
14. PAYMENTS TO CONTRACTOR AND
10.2
Claim for Adjustment .......................
23
COMPLETION ,.. 29
............................
10.3
Work Not Required by Contract
14.1
Schedule of Values„..,,,.„.,,,. 29
Documents ....................................
23
14.2
Application for Progress
10.4
Change Orders..................................23
Payment.................... 29
10.5
Notification of Surety ........................23
14.3
.................
CONTRACTOR's Warranty of
Title..........................................29
CHANGE OF
CONTRACT PRICE.....,,,,,,*...**.,,,,..,
.23
14.4-14.7
Review of Applications for
11.1-11.3
Contract Price; Claim for
Progress Payments ........ 29-30
Adjustment; Value of
14.8-14.9
Substantial Completion....
the Work ..................................
23-24
14.10
Partial Utilization, ..................... 30-31
11.4
Cost of the Work ..........................24-25
14.11
Final lnspectiml ............................. 31
11.5
Exclusions to Cost of the Work ..........
25
14.12
Final Application for Payment 31
11.6
CONTRACTOR's Fee„......................25
14.13-14.14
........
Final Payment and Acceptancq31
11.7
Cost Records ................................
14.15
.......
Waiver of Claims ...................... 31-32
11.8
Cash Allowances
26
11.9
Unit Price Work .............................
26
15. SUSPENSION OF WORK AND
CHANGE OF CONTRACT TIMES ............................2,6
TERMINATION .......
15.1 OWNER May Suspend Work 32
12.1
Claim for Adjustment ,,,,,,,,,,,,,,,,,,
26
15.2-15.4
..........
OWNER May Terminate............... 32
12.2
Time of the Essencq
26
15.5
CONTRACTOR May Stop
12.3
Delays Beyond CONTRACTOR's
Work or Terminate 32-33
Control ......................................
26-27
.................
12.4
Delays Beyond OWNER's and
16. DISPUTE RESOLUTION ...................... 33
CONTRACTOR's Control...............27
17. MISCELLANEOUS.... ,
TESTS AND
INSPECTIONS; CORRECTION,
17.1
..........33
Giving Notice 33
REMOVAL OR ACCEPTANCE OF
17.2
................................
Computation of Times,................... 33
EFECTIVE
WORK................................................27
17.3
Notice of Claim.....
13.1
Notice of Defects..............................27
17.4
....33
Cumulative Remedies33
13.2
Access to the Work ...........................27
17.5
............
Professional Fees and Court
13.3
Tests and Inspections;
Costs Included.,
CONTRACTOR'S Cooperation ......... 27
17.6
Applicable State Laws 33-34
13.4
OWNER's Responsibilities;
Intentionally
...............
left blank 35
Independent Testing Laboratory,,.,,.,
27
13.5
CONTRACTOR's
EX IIBIT GC -A:
(Optional)
Responsibilities...............................27
Dispute Resolution Agreement..................... GC-A1
13.6-13.7
Covering Work Prior to Inspec-
16.1-16.6
Arbitration ....................... CrC-Al
tion, Testing or Approval.................77
16.7
Mediation..... GC -Al
1° E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and Insuranc@........................................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* ...................... .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....................................................4.20, 8.9
Addenda --definition of (also see
definition of Specificationsl....... (1.6, 1.10, 6.19), 1.1
Additional Property Insurance ................................. 5.7
Adjustments --
Contract Price or Contract
Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2,
..............................4.5.3, 9.4, 9.5, 10.2-10.4,
......................................... 11, 12, 14.8, 15.1
progress schedul4............................................... .6
Agreement --
definition of.......................................................1.2
"All -Risk" Insurance, policy forrq...........................$.6.2
Allowances, Cash....................................................11.8
Amending Contract Document; ................................ 3.5
Amendment, Written —
in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2
..........................6.8.2, 6.19, 10.1, 10.4, 11.2
....................................12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5
Application for Payment --
definition of......................................................1.3
ENGINEER's Responsibility ............................... 9.9
final payment.................9.13.4, 9.13.5, 14.12-14.15
in general ..........................7.8, 2.9, 5.6.4, 9.10, 15.5
progress payment.....................................14.1-14.7
review of..................................................,14.4-14.7
Arbitration.....................................................16.1-16.6
Asbestos --
claims pursuant theretq .......................... 4.5.2, 4.5.3
CONTRACTOR authorized to stop Work .......... 4.5.2
definition of.......................................................1.4
v
Article or Paragraph
Number
OWNER responsibility for.............................4.5.1,
8.10
possible price and times changg.......................
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
definitionof.......................................................1.8
deliveryof...................................................2.1,
5.1
final Application for Payment,,,,,,,,,,,,,,,,
14.12-14.14
general......................................J.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, Insurancg,,,,,...
5.4.11, 5.8, 5.15
Cash Allowances....................................................11.8
Certificate of Substantial Completion
........ 1.38, 6.30.2.3, .
............. .....................................
14.8, 14.10
tion Certificates of Inspec...................
9.13.4, 13.5, 14.12
Certificates of Insurance.............2.7,
5.3, 5.4.11, 5.4.13,
....................... 5.6.5, 5.8,
5.14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances
11.8
claim for price
adjustment.............4.1, 4.2.6,
4.5, 5.15, 6.8.2, 9.4
...................9.5, 9.11, 10.2, 10.5, 11.2, 13.9,
....................... 13.13,13.14,14.7,15.1,15.5
CONTRACTOR'S fee11.6
Cost of the Work
general...............................................
11.4-11.7
Exclusions to..............................................11.5
Cost Records.....................................................11.7
in general.............J.19, 1.44, 9.11, 10.4.2, 10.4.3, 11
Lump Sum Pricag..........................................11.3.2
Notification of Surety,.........................................
10.5
Scope of....................................................10.3-10.4
Testing and Inspection,
Uncovering the Work..................................13.9
c-i
I
J'
.r
M
.r
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99),
Unit Price Work ......................................... 11.9 CONTRACTOR's Fee ............
Article or Paragraph
Number
Value of 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 limit.....................................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 ofLiefective Work ..........................13.13
Amending Contract Document$ ........................ 3.5
Cash Allowances .................. 11.8
..............
Change of Contract Pricq.....................................I 1
Change of Contract Timeg...................................12
Changes in the Work..........................................10
CONTRACTOR's fee........................................11.6
Cost of the Work.. * "'**'*'* ...
ork..:...............
...11.4-11.7
Cost Records....................................................11.7
definition of.......................................................1.9
emergencies.....................................................0.23
ENGINEER'S responsibility ....... 9.8, 10.4, 11.2, 12.1
execution of....................................................10.4
Indemnifictioq .........................0.12, 6.16, 6.31-6.33
Insurance, Bonds and, ,,,,,,,,,,,,,,,„.....5.10, 5.13, 10.5
OWNER may terminate . ............................ 15.2-15.4
OWNER's Responsibility„ ...........................$.6, 10.4
Physical Conditions --
Subsurface and .............................................. 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 ................. ........................31.9
value of Work, covered by.................................11.3
Changes in the Work.................................................10
Notification of surety .........................................10.5
OWNER's and CONTRACTOR's
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
againstOWNER...............................................0.32
Change of Contract Pricq ...........................2.4, 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,
............................................I5.1, 15.5, 17.3
vi
Article or Paragraph
Number
CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31
Cost of the Work 11.4, 11.5
Decisions on Disputes,,,,,,,,,,,,,,,,,,,, 9.11 9.12
Dispute Resolution.,,,, ...... J6.1
...............................
Dispute Resolution Agreement, .16.1-16.6
..................
ENGINEER as initial interpreto;.................. 9.11
Lump Sum Pricing.........................................11.3.2
Noticeof ..........................................................1.7.3
OWNER's....................9.4, 9.5, 9.11, 10.2, 11.2, 11.9
........ ..... ......... 12.1, 13.9, 13.13, 13.14, 17.3
OWNER'S liability ...................... 5.5
OWNER may refuse to make payment................j4.7
Professional Fees and Court Costs
Included...................................... ..17.5
..............
request for formal decision op,,,,,,,,,,,,,,,,,,,,, 9.11
Substitute Items.............................................6.7.1.2
Time Extension „12.1
..................
Time requirements .................................... .11, 12.1
Unit Price Work.............................................11.9.3
Valueof........................................................... j1.3
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 Interpretation$,,,,,,,,,,,. 3.6.3, 9.4, 9.11
Clean Site ....................... 6.17
..................................
Codes of Technical Society, Organization
or Association,.,,,, , ,,, „ .....3,3.3
.. . ..............................
Commencement of Contract Times �,3
.....................
Communications--
general..............................................6.2, 6.9.2, 8.1
Hazard Communication Programs,,,,,,.,,,, 6,22
Completion --
Final Application for Payment,,,,,,,,,,,,,,,,, 14.12
Final Inspection.............................................. 14.11
Final Payment and Acceptance ...............14.13-14.14
Partial Utilization...........................................14.10
Substantial Completion ......................1.38, 14.8-14.9
Waiver of Claims,,,,,,,,, j 4.15
.........................
Computation of Times...............................17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others.................................................6.8-6.11
Conferences --
initially acceptable schedules .............................. 2.9
preconstruction ......................... 2.8
Conflict, Error, Ambiguity, Discrepancy -
CONTRACTOR to Report ..........................2.5, 3.3.2
Construction, before starting by
CONTRACTOR ........................................... 2.5-2.7
Construction Machinery, Equipment, etc,,
Continuing the Work ...................... 6.29, 10.4
Contract Documents--
Amending..........................................................3.5
Bonds
5.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances..............................................11.8
Article or Paragraph
Number
Change of Contract Price....................................11
Change of Contract Times...................................12
Changes in the Work................................10.4-10.5
check and verify.................................................2.5
Clarifications and
Interpretations .........................3.2, 3.6, 9.4, 9.11
definition of......................................................1.10
ENGINEER as initial interpreter of..................9.11
ENGINEER as OWNER's representative..............9.1
genera13
Insurance...........................................................5.3
Intent........................................................3.1-3.4
minor variations in the Work.............................3.6
OWNER's responsibility to furnish dat4 ............. 8.3
OWNER's responsibility to make
prompt payment ..........................$.3, 14.4, 14.13
precedence ................. ......... ...........3.1, 3.3.3
Record Documents............................................0.19
Reference to Standards and Specifications
of Technical Societies...................................3.3
RelatedWork......................................................7.2
Reporting and Resolving Discrepancie4,,,,,...2.5, 3.3
Reuseof............................................................3.7
Supplementing.................................................. 3.6
Termination of ENGINEER's Employment .......... 8.2
Unit Price Work...............................................11.9
variations..........................................3.6, 6.23, 6.27
Visits to Site, ENGINEER'S...............................9.2
Contract Price --
adjustment of,,,,,,,,,,,,,,,,
3.5, 4.1, 9.4, 10.3, 11.2-11.3
Changeof...........................................................1 I
Decision on Disputes........................................9.11
definitionof.....................................................1.11
Contract Times --
adjustment of ..........................3.5,
4.1, 9.4, 10.3, 12
Change of................................................12.1-12.4
Commencement of ............................................ 2.3
definition of.....................................................1.12
CONTRACTOR --
Acceptance of Insurance ................................... 5.14
Communications......................................b.2, 6.9.2
Continue Work........................................6.29, 10.4
coordination and scheduling ...................... 0..9.2
definitionof....................................................1.13
Limited Reliance on Technical
Data Authorized.........................................4.2.2
May Stop Work or Terminate............................15.5
provide site access to others .......................1.2, 13.2
Safety and Protection .....................4.3.1.2, 6.16, 6.18,
..................................... 6.21-6.23, 7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal........................................6.25
Stop Work requirements,,,,,,,,„........................4.5.2
CONTRACTOR's—
Article or Paragraph
Number
Compensation ..........................................
11.1-11.2
Continuing Obligation.....................................14.15
Defective Work...............................9.6, 13.10-13.14
Duty to correct defective Work ..........................13.11
Duty to Report —
Changes in the Work caused by
Emergency...........................................
6.23
Defects in Work of Others..............................7.3
Differing conditionS...................................4.2.3
Discrepancy in Documents ........ 2.5, 3.3.2,
6.14.2
Underground Facilities not indicated,,,,,,,,,,
4.3.2
Emergencies.....................................................0.23
Equipment and Machinery Rental, Cost
of the Work...........................................
11.4.5.3
Fee --Cost Plus........................„11.4.5.6, 11.5.1, 11.6
General Warranty and Guarantee .......................0.30
Hazard Communication Programs .....................0.22
Indemnification .........................0.12, 6.16, 6.31-6.33
Inspection of the Work...............................7.3,
13.4
Labor, Materials and Equipment ....................0.3-6.5
Laws and Regulations, Compliance by .............
6.14.1
Liability Insurance..............................................5.4
Notice of Intent to Appeal .........................9.10,
10.4
obligation to perform and complete
the Work....................................................0.30
Patent Fees and Royalties, paid for by .................
6.12
Performance and Other Bonds5.1
Permits, obtained and paid for b%.......................0.13
Progress Schedule ...........................2.6, 2.8,
2.9, 6.6,
........................................6.29, 10.4,
15.2.1
Request for formal decisionon disputes..............9.11
Responsibilities --
Changes in the Work...................................10.1
Concerning Subcontractors, Suppliers
and Others......................................6.8-6.11
Continuing the Work ..........................0.29,
10.4
CONTRACTOR'S expense...........................6.7.1
CONTRACTOR's General Warranty
and Guarantee.......................................6.30
CONTRACTOR's review prior to Shop
Drawing or Sample submittal,,,,,,,,,,,,,,,, 6.25
Coordination of Work................................6.9.2
Emergencies................................................ .23
ENGINEER's evaluation, Substitutes
or "Or -Equal" Items..............................0.7.3
For Acts and Omissions
of Others.............................0.9.1-6.9.2, 9.13
for deductible amounts, insurance..................5.9
general.:......................................6, 7.2, 7.3, 8.9
Hazardous Communication Programs,,,,,,,,,, 6.22
Indemnification ...................................6.31-6.33
vii FJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) , _;,
Labor, Materials and Equipment..............0.3-6.5 CONTRACTORS --other 7
.............................. .
Laws and Regulations,. 6.14 Contractual Liability Insurance,,,,,,,,,,,,, $,4.10 .............
Liability Insurance ......................................... .4 Contractual Time Limits I2.2
Article or Paragraph Article or Paragraph
Number Number
Notice of variation from Contract
Documents ............................................ .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 ..................... .20, 7.2, 13.2
Safety Representative...................................6.21
Scheduling the Work..................................6.9.2
Shop Drawings and Samples ........................0.24
Shop Drawings and Samples Review
by ENGINEER ......................... ...... 6.26
Site Cleanliness ......................................... 6.17
Submittal Procedures ................................. 6.25
Substitute Consiruction Methods
and Procedures .................................... 6.7.2
Substitutes and "Or -Equal" Items................6.7.1
Superintendenc4........................................... 6.2
Supervision...................................................6.1
Survival of Obligations................................6.34
Taxes...........................................................0.15
Tests and Inspections..................................13.5
ToReport .....................................................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 clain;........... 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
Safety and Protection ..................6.20-6.22, 7.2, 13.2
Safety Representative ...................................... 6.21
Shop Drawings and Samples Submittals ..... 6.24-6.28
Special Consultants„......................................11.4.4
Substitute Construction Methods and Procedure$,6.7
Substitutes and "Or -Equal" Items,
Expense .......................................... 6.7.1, 6.7.2
Subcontractors, Suppliers and Others .......... 6.8-6.11
Supervision and Superintendencq......... 6.1, 6.2, 6.21
Taxes, Payment by ............................................ 6.15
Useof Premises......... .........................................
Warranties and guarantees ..........................0.5, 6.30
Warranty of Title ..................... 14.
Written Notice Required --
CONTRACTOR stop Work or terminate.,, 15.5
Reports of Differing Subsurface
and Physical Conditions ........................4.2.3
Substantial Completion ................................ 14.8
viii
Coordination—
CONTRACTORS 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 ofDefective Work ......................... 13.13
Correction or Removal of
Defective Work.................................6.30, 13.11
Correction Period ...13.12
OWNER May Correct Defective Work „............13.14
OWNER May Stop Work.................................13.10
Cost--
ofTestsand Inspections ................ 13.4
...................
Records11.7
Cost of the Work --
Bonds and insurance, additional ...................11.4.5.9
Cash Discounts. .............................................. j 1.4.2
CONTRACTOR'S Fee ...... j 1.6
Employee Expenses ............ ............ .........11.4.5.1
Exclusions to.....................................................11.5
General11.4-11.5
Home office and overhead expenses ....................11.5
Losses and damages ...................... 11.4.5.6
Materials and equipment ................. 11.4.2
Minor expenses ..............
Payroll costs on changes...***..,,,,,,,,,. 11.4.1
performed by Subcontractors...........................11.4.3
Records 11.7
Rentals of construction equipment
and machinery ................... 11.4.5.3
Royalty
y ty payments, permits and
license fees, ........................................... j 1.4.5.5
Site office and temporary facilities ................11.4.5.2
Special Consultants, CONTRACTOR's............ j 1.4.4
Supplemental.................................................11.4.5
Taxes related to the World............................11.4.5.4
Tests and Inspection..........................................13.4
Trade Discounts 11.4.2
.................................
Utilities, fuel and sanitary facilities11.4.5.7
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
W
Data, to be furnished by ONER..............................8.3
Day --definition of .............. ......... ......17.2.2
........
Decisions on Disputes 9.11, 9.12
defective --definition ot..........................................J.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 ............................................ j3.12
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 .......................................
J3.8
Definitions................................................................I
Delays ..................................... 4.1, 6.29, 12.3-12.4
Deliveryof Bonds.....................................................2.1
Delivery of certificates of insurance ............................2.7
Determinations for Unit Pricd*................................
9.10
Differing Subsurface or Physical Conditions --
Noticeof........................................................4.2.3
ENGINEER'S Review......................................4.2.4
Possible Contract Documents Chang4..............
4.2.5
Possible Price and Times Adjustments,.,,,,,,....
4.2.6
Discrepancies -Reporting
and Resolving................................2.5, 3.3.2,
6.14.2
Dispute Resolution --
Agreement ...............................................
16.1-16.6
Arbitration, ...............................................
16.1-16.5
genera116
Mediation........................................................16.6
Dispute Resolution Agreement.........................16.1-16.6
Disputes, Decisions by ENGINEER ..................
9.11-9.12
Documents --
Copiesof...........................................................7.2
Record 6.19
Reuseof............................................................3.7
Drawings --definition of..........................................1.15
Easements.............................................................4.1
Effective date of Agreement -- definition gf.............1.16
Emergencies...........................................................0...23
ENGINEER --
as initial interpreter on dispute$ ............... 9.11-9.12
definition of.....................................................1.17
Limitations on authority and responsibilitiell ..... 9.13
Replacementof .................................................. 8.2
Resident Project Representative ...........................9.3
ENGINEER's Consultant -- definition of.................1.18
ENGINEER's—
authority and responsibility, limitations oq........ 9.13
Authorized Variations in the Work.....................9.5
Change Orders, responsibility for,,.,,. 9.7, 10, 11, 12
Clarifications and Interpretation$ ..............3.6.3, 9.4
Decisions on Disputeq..............................9.11-9.12
defective Work, notice of .................................. 13.1
Evaluation of Substitute Itemq ..........................6.7.3
Liability...................................................6.32, 9.12
Notice Work is Acceptable..............................14.13
Observations...........................................6.30.2, 9.2
OWNERS 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 oq ................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 Cmstruction-,
authorized variations in the Work .................9.5
Clarifications and Interpretationq ..................9.4
Decisions on Disputeq..........................9.11-9.12
Determinations on Unit Price......................9.10
ENGINEER as Initial Interprets,,,,,,,,, ..........
ENGINEER'S Responsibilities ................9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities..............................9.13
OWNER'S Representative..............................9.1
Project Representative ..........................
: ........ 9.3
Rejecting Defective Work..............................9.6
Shop Drawings, Change Orders
and Payments....................................9.7-9.9
Visits to Site.................................................9.2
Unit Price determinationq ...........
. .....................
.9.10
Visitsto Site.......................................................9.2
Written consent required...............................7.2,
9.1
Equipment, Labor, Materials and ........................4.3-6.5
Equipment rental, Cost of the Work..................11.4.5.3
Equivalent Materials and Equipment .........................0.7
error or omission5..................................................6.33
Evidence of Financial Arrangement$ ......................
$ 11
Explorations of physical conditionq .......................
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 Inspectiort ...................................................
........................
14.11
Final Payment --
and Acceptance.....................................14.13-14.14
Prior to, for cash allovances...............................11.8
General Provisions..........................................17.3-17.4
General Requirements --
definition of......................................................1.20
principal references tq..............2.6, 6.4, 6.6-6.7, 6.24
Giving Notice ................................. ........................
17.1
Guarantee of Work —by CONTRACTOR ........6.30,
14.12
Hazard Communication Programq ...........................6.22
Hazardous Waste --
definitionof.....................................................1.21
general...............................................................5
OWNER'S responsibility for ..... ..........................8.10
MCDC GENERAL. CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Indemnification..............................0.12, 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 .........................2.6
Tests and Approval ............. ...........$.7,
13.3-13.4
Insurance --
Acceptance of, by OWNER...............................5.14
Additional, required by changes
in the Work............................................11.4.5.9
Before starting the Work ....................................
2.7
Bonds and --in generat..........................................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
CONTRACTORS Liability .................
5.4
CONTRACTOR's objection to coverage.............5.14
Contractual Liability .....................................
5.4.10
deductible amounts, CONTRACTOR's
responsibility................................................5.9
Final Applicaton for Payment .........................14.12
Licensed Insurers...............................................5.3
Notice requirements, material change; ........
5.8, 10.5
Option to Replace.............................................5.14
other special insurances ...................................
5.10
OWNER as fiduciary for insureds..............5.12-5.13
OWNER'S Liability............................................5.5
OWNER's Responsibility.....................................8.5
Partial Utilization, Property Insurancq...............5.15
Property .....................................................5.6-5.10
Receipt and Application of Insurance
Proceeds ..............................................
5.12-5.13
Special Insurance .............................................
5.10
Waiver of Rights..............................................5.11
Intent of Contract Documents..............................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.............................................4.118.4
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 .....................6.14
Correction Period, defective Work....................13.12
Cost of the Work, taxes...............................11.4.5.4
definition of .......... ......... ......... .........1.22
genera16.14
Indemnification ........................................
6.31-6.33
x
Insurance ..............................
Precedence................................................3.1, 3.3.3
Reference to .................... 3.3.1
.............
Safety and Protection................................6.20, 13.2
Subcontractors, Suppliers and Others ........... 6.8-6.11
Article or Paragraph
Number
Tests and Inspections...................................13.5
Use of Premises ............................ ................0.16
Visits to Site......................................................9.2
Liability Insurance--
CONTRACTOR's...............................................
5.4
OWNERS...........................................................5.5
Licensed Sureties and Insurers ................................. 5.3
Liens --
Application for Progress Payment .......................14.2
CONTRACTOR's Warranty of Title..................„14.3
Final Application for Payment .........................14.12
definition of ......................................................
.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 Documents ..................3.3.1
Materials and equipment --
furnished by CONTRACTOR...............................6.3
not incorporated in Work...................................14.2
Materials or equipment --equivalent ...........................0.7
Mediation (Optional)..............................................16.7
Milestones --definition of........................................3.24
Miscellaneous --
Computation of Times.......................................17.2
Cumulative Remedies........................................17.4
Giving Notice ....................................................17.1
Notice of Claim.................................................17.3
Professional Fees and Court Costs Included ,.......
17.5
Multi -prime contracts ................................................. 7
Not Shown or Indicated.........................................4.3.2
Notice of --
Acceptability of Project ...............................
14.13
Award, definition of ............................... ...J.25
Claim............................................................1.7.3
Defects,13.1
Differing Subsurface or Physical Condition$ .......
4.2.3
Giving............................................................17.1
Tests and InspectionS........................................13.3
Variation, Shop Drawing and Samplq.................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, InsurancQ ..........................5.6.2
Optionto Replace....................................................5.14
Article or Paragraph
Number
"Or Equal" Items......................................................6.7
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.............................1,4.7
May Stop the Work.........................................13.10
May Suspend Work,
Terminate............................$.8, 13.10,
15.1-15.4
Payment, make prompt.....................$.3, 14.4,
14.13
performance of other work ..................................
7.1
permits and licenses, requirementy ...................6.13
purchased insurance requirements ..............
5.6-5.10
OWNER'S --
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 decisiorl............................9.11
Inspections, tests and approvals..................$.7,
13.4
Liability Insurance .............................................
5.5
Notice of Defects..............................................13.1
Representative --During Construction,
ENGINEER's Status......................................9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material................0.10
Change Orders..............................................8.6
Changes in the Work..................................10.1
communications............................................8.1
CONTRACTOR's responsibilities ..................
8.9
evidence of financial arrangements .............. $-I I
inspections, tests and approvals.....................8.7
insurance......................................................
$.5
,lands and easements.:...................................8.4
prompt payment by........................................8.3
replacement of ENGINEER ...........................$.2
reports and tests............................................8.4
stop or suspend Work..................$.8,
13.10, 15.1
terminate CONTRACTOR'S
services..........................................8.8,
15.2
separate representative at sitg..............................9.3
testing, independent.........................................13.4
use or occupancy
of the Work ..........................5.15, 6.30.2.4, 14.10
written consent or approval
required.........................................9.1, 6.3, 11.4
E]CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
I
Article or Paragraph
Number
written notice required ........................7.1, 9.4, 9.11,
PCBs--
...................................11.2, 11.9, 14.7, 15.4
definition of.....................................................1.29
general..............................................................4.5
OWNER's responsibility for...............................8.10
Partial Utilization --
definition of ..................................................... 1.28
general6.30.2.4, 14.10
Property Insurance............................................5.15
Patent Fees and Royalties ........................................ .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.......„.......... J4.3
Final Application for Payment........ 14.12
Final Inspection..............................................14.11
Final Payment and Acceptancg ...............14.13-14.14
general.........................................................8.3, 14
Partial Utilization 14.10
..........
Retainage..........................................................14.2
Review of Applications for
Progress Payments ................. ..............14.4-14.7
prompt payment..................................:...............0.3
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 ............................... ......5.1-5.2
Permits
.............
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 Changq...............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.............................. ....................4.3
Not Shown or Indicated .........4.3.2
.....................
Protection of........................................4.3, 6.20
xii
Article or Paragraph
Number
Shown or Indicated ................................................ 4.3.1
Technical Data4.2.2
..............
Preconstruction Conferencq............... 2.8
Preliminary Matters,,,,,,,,,_„
Preliminary Schedules..............................................2.6
Premises, Use of ........ .. ................................... 6.16-6.18
Price, Change of Contrac411
Price, Contract --definition of.....1.11
Progress Payment, Applications lot .............. 14.2
Progress Payment--retainagq...................................14.2
Progress schedule, CONTRACTORk.......... ,2,6, 2.8, 2.9,
............................ 6.6, 6.29, 10.4, 15.2.1
Project --definition of .............................. . ...............1.31
Project Representative—
ENGINEERS Status During Construction, ............ 9.3
Project Representative, Resident --definition of .........1.33
prompt payment by OWNER., , 8.3
..................................
Property Insurance --
Additional
general5.6-5.10
Partial Utilization................................5.15, 14.10.2
receipt and application of proceeds ............ 5.12-5.13
Protection, Safety and.......,,„...................6.20-6.21, 13.2
Punch list ..................14.11
........................................
Radioactive Material--
defintionof.............................. .......................3.32
general4.5
OWNER's responsibility for ...................... $.10
Recommendation of Payment................14.4, 14.5, 14.13
Record Documents ......................................... .19, 14.12
Records, procedures for maintaining ................. 7.8
Reference Points.......................................................4.4
Reference to Standards and Specifications
of Technical Societies 3.3
Regulations, Laws and(or)......................................6.14
Rejecting Defective Work..........................................9.6
Related Work --
atSite .......................................................7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review,,, 6.28
................
Remedies, cumulative........................ ..............17.4, 17.5
Removal or Correction ofDefective Work................13.11
rental agreements, OWNER approval require4.,,,,11.4.5.3
replacement of ENGINEER, by OWNERg.2
Reporting and Resolving
Discrepancies................................2.5, 3.3.2, 6.14.2
Reports --
and Drawings..................................................4.2.1
and Tests, OWNER's responsibility .........8,4
............
Resident and Project Representative --
definition of ................................ ...........1.33
provisionfor............................................................9.3
EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
SECTION 00100
INSTRUCTIONS TO BIDDERS
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR'$ ............... 6.2
Responsibilities—
CONTRACTOR's-in general .................................. 6
ENGINEER's-in general
........................................9
Limitations on.............................................9.13
OWNER's-in general............................................8
Retainage............................................................1.4.2
Reuse of Documents. .................................................
3.7
Review by CONTRACTOR: Shop Drawings
. and Samples Prior to Submittal .........................k•25
Review of Applications for
Progress Payments .....................................
Right to an adjustment...........................................10.2
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.....................................................
.20-6.23
Representative, CONTRACTOR's..................:...6.21
Samples --
definition of.....................................................1.34
general .....................................................
.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 procedureq.........................................6.25
Schedule of progress.............................2.6,
2.8-2.9, 6.6,
..a.n..d...S..a..m..p..l.e.
6.29, 10.4, 15.2.1
Schedule of.Shop.. D.a.w.i.n.g
Submittals..............................2.6,
2.8-2.9, 6.24-6.28
Schedule of Values...............................9.6,
2.8-2.9, 14.1
Schedules --
Adherence to..................................................15.2.1
Adjusting...........................................................0...6
Change of Contract Timeg................................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.....................................................0.28
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. ...................................................... 6.17
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 t9...................3.3.1
precedence......................................................3.3.3
Standards and Specifications
of Technical Societie-A ........................................3.3
Starting Construction, Before..............................2.5-2.8
Startingthe Work.....................................................2.4
Stop or Suspend Work --
by CONTRACTOR..........................................15.5
by OWNER ..................................... 8.8, 13.10, 15.1
Storage of materials and equipment .....................4.1, 7.2
Structural Loading, Safety ....................................... 6.18
Subcontractor—
Concerning................................................0.8-6.11
definition of....................................................1.37
delays.............................................................12.3
waiver of rights................................................6.11
Subcontractors --in general................................16.8-6.11
Subcontracts --required provision$ ........5.11, 6.11, 11.4.3
Submittals --
Applications for Payment.................................14.2
Maintenance and Operation Manuals..............14.12
Procedures.......................................................0.25
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 Drawingq........................................ 6.24-6.28
Substantial Completion --
certification of............................0..30.2.3, 14.8-14.9
definition of.....................................................1.38
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" ................................................... 0.7.1.1
Substitute Construction Methods
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
xm w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
or Procedures ............................................. 6.7.2
Substitute Items,............................................ .7.1.2
Subsurface and Physical Conditions --
Drawings of, in or relathg to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2
ENGINEER'S Review ................................ 4.2.4
general..............................................................4.2
Limited Reliance by CONTRACTOR
Authorized................................................4.2.2
Notice of Differing Subsurface or
Physical Conditions,,,,,,,,,,,,,,, _.........4.2.3
Physical Conditions.......................................4.2.1.2
Possible Contract Documents Changq...............4.2.5
Possible Price andTimes Adjustments...............4.2.6
Reports and Drawings 4.2.1
...............
Subsurface and
Subsurface Conditions at the Site...................4.2.1.1
Technical Data,................................................ 4.2.2
Supervision--
CONTRACTOR's responsibility §,I
OWNER shall not supervisg................................8.9
ENGINEER shall not supervisg................ 9,2, 9.13.2
Superintendence.............................................
.........
Superintendent, CONTRACTOR's resident...............0.2
Supplemental costs..............................................11.4.5
Supplementary Conditions --
definition of ................................ ..............1.39
principal references tq.................1.10, 1.18, 2.2, 2.7,
.......................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9,
................. .11,6.8,6.13,7.4,8.11,9.3,9.10
Supplementing Contract Document$,,,,,,,,,,,,,,,,,,, 5.6
Supplier --
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...............................................0.11
Surety --
consent to final payment ....................... J4.12, 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 ....................... J3.10, 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.............................15.2-15.4
Taxes —Payment by CONTRACTOR .........................0.15
Technical Data --
Limited Reliance by CONTRACTOR .................4.2.2
Possible Price and Times Adjustment;,,,,,___,,, 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........................................8.8, 15.1-15.4
ofENGINEER's employment...............................8.2
Suspension of Work-in general,,,,,..„... 15
Terms and Adjectives..............................................3.4
Tests and Inspections --
Access to the Work, by others,,,,,,,,,,,,,,,,,,, 13.2
CONTRACTOR's responsibilities,,,,,,,,,,,,, ,,,,J3.5
cost of 13.4
covering Work prior tq..............................13.6-13.7
Laws and Regulations (or),,,,, ....... 13.5
....................
Notice of Defects,,,,,, ...........13.1
OWNER May Stop Work,,,,,,,,,,,,,,,,,,, 13.10
OWNER'S independent testing,,,,,,,,,,,,,,,,,„ 13.4
special, required by ENGINEER,,,,,,,,,,,,,,,,, ,,,,9.6
timely notice required,,,,,,,,,,,,,,,,,,,, 13.4
Uncovering the Work, at ENGINEER's
request ................................................ 13.8-13.9
Times--
Adjusting...........................................................0.6
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 Time$................2.3
Preconstruction Conferencq..........,
schedules z.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,,,,,. , 1.41
............................................. .
Not Shown or Indicated,,,,,,,,,,,,,, -,,, 4.3.2
.................
protection oC............................................ 4.3, 6.20
Shown or Indicated ......................................... 4.3.1
Unit Price Work--
claims.........................................................11.9.3
definition of ..................................................... 1.42
genera111.9, 14.1, 14.5
Unit Prices--
general11.3.1
Determination for,,,,,,,,,,,,, 9.10
Use of Premises.................................6.16, 6.18, 6.30.2.4
Utility owners ........................... 4,13, 6.20, 7.1-7.3, 13.2
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 9/99)
Variations in Work --Minor
Authorized ....................................... 6.25, 6.27, 9.5
Article or Paragraph
Number
Visits to Site --by ENGINEER....................................9.2
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.......................A4.3
Work --
Accessto..........................................................13.2
byothers............................................................... 7
Changes in the, ................................................... AO
Continuing the..................................................0.29
CONTRACTOR May Stop Work
or Terminate...............................................15.5
Coordination of...................................................7.4
Cost of the.................................................11.4-11.5
definition of.......................................................1.43
neglected by CONTRACTOR...........................13.14
otherWork............................................................7
OWNER May Stop Work.................................13.10
OWNER May Suspend Work...................J3.10, 15.1
Related, Work at Site....................................7.1-7.3
Startingthe........................................................2.4
Stopping by CONTRACTOR.............................15.5
Stopping by OWNER.................................15.1-15.4
Variation and deviation authorized, minor ........... 3.6
Work Change Directive --
claims pursuant to.............................................j0.2
definitionof......................................................1.44
principal references to......................3.5.3, 10.1-10.2
Written Amendment --
definitionof......................................................1.45
principal references tq..............1.10, 3.5, 5.10,15.12,
........................0.6.2, 6.8.2, 6.19, 10.1, 10.4,
*iic* ,,,,,,,,,,,,,,,,,,,,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 ....................9.10-9.11, 10.4, 11.2, 13.14
xv
EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) --
(This page left blank intentionally)
xh EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
GENERAL CONDITIONS
ARTICLE 1-DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
I.I. Addenda -Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents.
1.2. Agreement -The written contract between OWNER
and CONTRACTOR covering the Work to be performed,
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein.
1.3. 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).
1.7.. 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 Orden -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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
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 626 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 famish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.19. Field Order -A written order issued
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
1.20. General Requirements —Sections of Division 1 of
the Specifications.
121. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
122a. 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.
123. Liens —Liens, charges, security interests or
encumbrances upon real property or personal property.
124. Milestone —A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
1.25. Notice of Award —A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
126. 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.
127. 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.
128. 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.
130. Petroleum —Petroleum, including crude oil or any
&action 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.
131. 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.
132.a. Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EiCDC GENERAL. CONDITIONS 19I0-8 (1990 Edition)
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.
134. Samples —Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
1.35. Shop Drawings --All drawings, diagrams,
illustrations, schedules and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
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.
137. Subcontractor -An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site.
1.38. Substantial Completion —The Work (or a
specified part thereofl 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.
139. Supplementary Conditions —The part of the
Contract Documents which amends or supplements these
General Conditions.
1.40. Supplier —A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor.
1.41. Underground Facilities —All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to famish any of the following services or
materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis
of unit prices.
1.43. Work --The entire completed construction or the
various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction, and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents.
1.44. Work Change Directive —A written directive to
CONTRACTOR, issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in paragraph 42 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 102.
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 ofDocuiner&.
2.2. OWNER shall famish 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 Tunes, Notice to Proceed:
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EJCDC GENERAL CONDITIONS 1910-8 (1990 FAhw)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement. in e -van 1, thp gAntmpAT
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 of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction. Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work.
2.7. Before any Work at the site is started,
CONTRACTOR sed--OWNER shall eaek deliver to the
ethel, OWNER with copies to
ENGINEER,
certificates of insurance (and other evidence of insurance
M h ....hw of disco ef mW ..era:.:,...,., kwaad may
Fewest requested by OWNER) which
CONTRACTOR is required
to purchase and maintain in accordance with
paragraphs 5.4, `� 6 and 5.T.
Joreconstruetion 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,
before any work at the site begins
a conference attended by CONTRACTOR, ENGINEER
and others as app♦repriate 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 CONTRACTOTs full
responsibility therefor. CONTRACTORS 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
EICDC GENERAL CONDITIONS 19104 (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.
3.32. It 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 623) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof
3.33. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documennts); or
--s
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
"reasonable",
"suitable",
"acceptable", 11
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 10.4),
or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 626 and 6.27), or
3.6.3. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse of Documents:
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 arty
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 ofLands-
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 fililw a "' O h •
o $ h 1 a hm
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
42.1.1. 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
4.2.12. 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.
42.3. Notice of Differing Subsurface or Physical
Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
4.2.3.1. is of such a nature as to establish that
any "tedmical 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 Edition)
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, prem;Fmptiy 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;
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the
Standard General Conditions of the Construction Contract (No. 1910-8, 1990
ed.) have the meanings assigned to them in the General Conditions. The
term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -
bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means
the lowest, qualified, responsible and responsive Bidder to whom OWNER (on
basis of OWNER's evaluation as hereinafter provided) makes an award. The
term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents
(including all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
Invitation to Bid. No partial sets will be issued. The Bidding Documents
may be examined at the locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids;
neither OWNER nor. Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410,
00420, and 00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available
on the above terms, do so only for the purpose of obtaining Bids on the
Work and do not confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must
submit at the time of the Bid opening, a written statement of
qualifications including financial data, a summary of previous experience,
previous commitments and evidence of authority to conduct business in the
jurisdiction where the Project is located. Each Bid must contain evidence
of Bidder's qualification to do business in the state where the Project is
located or covenant to obtain such qualification prior to award of the
contract. The Statement of Qualifications shall be prepared on the form
provided in Section 00420.
7/96 Section 00100 Page 1
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 flailed 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 11 and 12. However, OWNER, ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project.
4.3. Physical Conditions —Underground Facilities.
4.3.1. Shown or Indicated.- The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
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, pmMptly
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
EICDC GENERAL CONDITIONS 1910-g (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
give written notice to that owner and to OWNER and
ENGINEER. ENGINEER will promptly review the
Underground Facility and determine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility. If
ENGINEER concludes that a change in the Contract
Documents is required, a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences. During
such time, CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facility as provided in paragraph 6.20.
CONTRACTOR shall may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated. If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 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.
- . - - -- .
61 - - -- - - - - - -
-. ... - -- _- - .._
Y
..
177
• .. Y r Y
- _ ._ I. 1 _
..
- i
pi
141
EJCDC GENERAL CONDITIONS 1910-8 (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 furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTORIs obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Ste$ 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.
52. 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, Cerdfrcates 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
in accordance with paragraph 5.4. 03Q#ER &W
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 fiunished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR'S employees;
5.4.3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.4.5. claims .for damages, other than to the Work
itself; because of injury to or destruction of tangible
property wherever located, including loss of use
resulting therefrom; and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of
the ownership, maintenance or use of any motor
vehicle.
The policies of insurance so required by this paragraph 5.4
to be purchased and maintained shall:
5.4.7. with respect to insurance required by
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds;
5.4.8. include the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater,
5.4.9. include completed operations insurance;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
5.4.10. include contractual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs 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 famished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so
provide);
5.4.12. remain in effect at least until final payment
and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing defective Work
in accordance with paragraph 13.12; and
5.4.13. with respect to completed operations
insurance, and any insurance coverage written on a
claims -made basis, remain in effect for at least two
years after final payment (and CONTRACTOR shall
fumish 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 Is 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.
Properly Insurance:
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EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
10 w/ CITY OF FORT COUdNS MODIFICATIONS (REV 4/2000)
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Receipt and Application of Insurance Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. OWNER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach. If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insures and, PaI45, in
bead
Acceptance of Bonds and Insurance, option to Replace:
5.14. If
OWNER has any objection to the coverage afforded by or
other provisions of the Bends eF insurance required to be
purchased and maintained by the eflw— -party
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 feee* delivery of the certificates *-et)ref-evidenee
4 to OWNER as required by paragraph 2.7.
pang floes sat li Cal.
r'
Bonds or itmranee4ejFetae"uAzzi
Partial Udlizadon—Properly 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 42000)
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 thenegligence 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 OWNERs written
consent given after prior written notice to ENGINEER.
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours m advance of any Work to he
nerfotmed on Saturday Sunday HO]idays or outside the
Regular vorkmgHours
11
6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and assume
full responsibility for all materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light; heat, telephone, water,
sanitary facilities, temporary facilities and all other
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 Citv's nurohasine restnctlons. 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 guarantors
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. Subsdtrttes and "OrnEqual" 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 ENGINEERS sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under subparagraph 6.7.1.1, it
will be considered a proposed substitute item.
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material ^
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will
include the following as supplemented in the --
General Requirements and as ENGINEER may
decide is appropriate under the circumstances.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
ENGINEER from anyone other than
CONTRACTOR. If CONTRACTOR wishes to
furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the general design, be similar
in substance to that specified and be suited to the
same use as that specified. The application will
state the extent, if any, to which the evaluation
and acceptance of the proposed substitute will
prejudice CONTRACTOR's achievement of ^
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
All variations of the proposed substitute from that
specified will be identified in the application and
available maintenance, repair and replacement
service will be indicated. The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute, including costs of
redesign and claims of other contractors affected �'
by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute. ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
6.7.1.3. CONTRACTORS Fxpense: All data to be
provided by CONTRACTOR in support of any
proposed "or -equal" or substitute item will be at
CONTRACTOR's 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's
expense a special performance guarantee or other
surety with respect to any "or -equal" or substitute.
ENGINEER . will record time required by
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
6.7.2 and in making changes in the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned thereby. Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such
proposed substitute item.
6_8. Concerning Subcontractors, Suppliers and
Others:
6.8.1. CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6.8.2), whether
initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection.
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
EJCDC GENERAL CONDITIONS 191"(1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
6_9.
CONTRACTOR shall perform not less than 20
Writ of the Work with its own forces (that is
without subcontractine) The 20 percent requirement
shall be understood to refer to the Work the value of
which totals not less than 20 percent of the Contract
Price.
6.8.2. if the Su Ple_e_.,,G—A-Weas � giddin¢
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER '
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER—,-awl-4
GONTD A CTO has Stlbfiliftf)d a 1' L f 41
aeeer,donee with the Genditism's
OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) of
in_._..41401; llsubmit
will
constitute a condition of the Contract reguirine the
use of the named subcontractors suppliers or other
persons or oreanization on the Work unless prior
wntten 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' own acts and
omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor,
Supplier or other person or organization arty
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 oreanization 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 furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable term and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER.
•_I I. 1_ _ •_ . YY' Y •_ .
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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 1910-9 (1990 Edition)
14 wl CITY OF FORT COLLINS MODMCATIONS (REV 42000)
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
famishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOWs 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 exemot from Colorado State and
local sales and use taxes on materials to be
permanently mcomorated into the project. Said taxes
shall not be included in the Contract Price.
Address:
Colorado Department of Revenue
State Caoital Annex
r,
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
protect 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 claim by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold. harmless OWNER, ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR'S performance ofthe 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 CONDMONS 19lo-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 9A) 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 pavmenk these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR - shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety oi, 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 620.2 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 arty of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts any of them may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of them).
CONTRACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued a
15
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Representative:
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs:
622. CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Emergencles:
623. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action.
6.24. Shop Drawings and Samples:
624.1. 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.
6242. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
E1CDC GENERAL CONDITIONS 1910-5 (1990 Edition)
16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
purposes required by paragraph 626. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified:
6.25.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
625.1.3. all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
6252. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation.
6.26. ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER's
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed project as a
functioning whole as indicated by the Contract
Documents. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
r-.