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104903 G L HOFF - CONTRACT - BID - 5851 WEST ELIZABETH STREETSCAPE IMPROVEMENTS
a SPECIFICATIONS AND CONTRACT DOCUMENTS FOR WEST ELIZABETH STREETSCAPE IMPROVEMENTS BID NO.5851 L City of Fort Collins BID OPENING: PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS APRIL 28, 2004 - 3:00 P.M. (OUR CLOCK) 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 - 00300-4 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 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. Safely Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs. 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies. 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples. 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 EJCDCGENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures. 6.25. L 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 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the 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. ENGINEERs 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 infonnauon given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25. L 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work. 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 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; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent pennitted 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 therefi-om, 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 pet -son or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations. 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: '7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be giyen 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 extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is perforating 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 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. 8.2. 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 fumish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4, 8.7. OWNER's responsibility in respect of certain - inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the 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. •ter. • .. �_ ■- • ..�_. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWNER'S Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative dining construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. 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 furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and in the Stipp! efnentary C.6ndit19ns of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Gendifien paragraph 9.3 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1. Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability, 9 3 2 2 Conferences and Meeting - Attend meeting with the CONTRACTOR such as Ereconstruction conferences progress meets d other job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9 3 2 3 2 Assist in obtaining from OWNER additional details or information, _ when require for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 9 3 2 4 Review of Work Rejection of Defective Work Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding rn accordance with the Contract Documents. 9 3 2 4 3 Accompany visiting inspectors representing public or other agencies having 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 clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER. 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and lWort these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. Records. 9.3.2.8. Reports. 9 3 2 8 1 Furnish ENGINEER periodic reports as required of tFte, progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals. 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests. inspections or start of important phases of the Work. 9 3 2 8 3 Draft proposed Change Orders and Work Directive Changes obtatmng backup material from the CONTRACTOR and recommend to ENGINEER Change Orders Work Directive Changes and field orders. 9 3 2 8 4 Report immediately to ENGINEER and OWNER the occurrence of anv accident. 9 3 2 9 Payment Requests Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to RR ENGINEER. noting particularly the relationship of requirements of the Contract Documents (in the form of the payment requested to the schedule of values Drawings or otherwise) as ENGINEER may determine work completed and materials and equipment necessary, which shall be consistent with the intent of and delivered at the site but not incorporated in the reasonably inferable from the Contract Documents. Such Work• written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or 9.3.2.10. Completion. CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price 9.3.2.10.1. Before ENGINEER issues a or the Contract Times and the parties are unable to agree Certificate of Substantial Completion submit to the amount or extent thereof, if any, OWNER or to CONTRACTOR a list of observed items CONTRACTOR may make a written claim therefor as requiring correction or completion. provided in Article 1 I or Article 12. 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR Subcontractors or CONTRACTOR'S superintendent 9.3.3.4. Advise on, or issue directions relative to, or assume control over anv 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 safetv Precautions and programs in connections with the Work. 9.3.3.6. Accent Shop Drawings or sample submittals fiom anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part 9.3.3.8. Participate in specialized field or laboratory tests or 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderjustifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 1 I or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12, 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices_ 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and; (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 22 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter-pumoant to Miele 16. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3, ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGf NEER'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 gR responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 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 EJCDC 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 I I —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11A and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work. 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site, Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall inAgt-lydttret 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-retirerrtent benefits-46et u , applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EJCDC GENERAL CONDITIONS 1910-8 (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 he 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. 11A.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof --all in accordance with terns of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall he included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2, 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4--all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC GENERAL CONDII IONS 1910-8 (1990 Edition) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 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 oil the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fof five pereent of the afneHnt paid te the next lower tier c b - , to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 SECTION 00020 INVITATION TO BID determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash 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 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EICDCGENERAL CONDITIONS 1910-8 (1990 Edidon) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other- party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work m 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 EJCDC GENERAL CONDITIONS 1910-8 (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 CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13,12.1.If within one year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ene year two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGTNEER'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 CONTRACTOWs 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 ENGTNEER's Consultants access to the site to enable OWNER to exercise the fights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of recommendation of payment and present the Application repair or replacement of work of others destroyed or to OWNER, or return the Application to CONTRACTOR damaged by correction, removal or replacement of indicating in writing ENGINEER's reasons for refusing to CONTRACTOWs defective Work. CONTRACTOR shall recommend payment. In the latter case, CONTRACTOR not be allowed an extension of the Contract Times (or may make the necessary corrections and resubmit the Milestones) because of any delay in performance of the Application. Ten days after presentation of the Work attributable to the exercise by OWNER of OWNER's Application for Payment to OWNER with ENGINEER's rights and remedies hereunder. 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 ARTICLE 14--PAYMENTS TO CONTRACTOR AND CONTRACTOR. COMPLETION Schedule of Values. 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be 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's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applicationsfor Progress Payment. 14.4. ENGINEER wilt, 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) 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 any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order; 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4, ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or arty adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 30 µ,/CITY OF FORT COLLINS MODIFICATIONS (REV 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. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may 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 pail 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 pall of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment. 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's 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 Project manual. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6.2 of these General Conditions. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1.a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERNIINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 fi-om completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1, for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. 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. EJCDCGENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 patty 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, 616, 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 to insure the payment of all claims for labor, materials team hire sustenance, provisions provender, or other supplies used or consumed by CONTRACTOR or his 33 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 34 µ,/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (This page left blank intentionally) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) SECTION 00020 INVITATION TO BID Date: April 5, 2004 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on APRIL 28, 2004, for the WEST ELIZABETH STREETSCAPE IMPROVEMENTS; Bid No. 5851. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the removal of asphalt sidewalk, concrete sidewalk construction, pavement marking, landscaping, irrigation, installing site furnishings, and construction traffic control on West Elizabeth Street between Shields Street and City Park Avenue in the City of Fort Collins. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available April 6, 2004. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd floor, Fort Collins, Colorado, 80521 upon payment of a refundable fee of Fifty Dollars ($50.00) per set. No partial sets will be issued. The Contract Documents and Construction Drawings may be examined at: 1. City of Fort Collins, Purchasing Division. 2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado. 3. CMD Denver Plan Room, 8878 Barrons Blvd., Highlands Ranch, Colorado 4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 5. The Plan Room, 2176 South Jasmine St. Door "E"/Suite 219, Denver, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 2:OOp.m., April 16, 2004, at 215 North Mason Street, 15C Floor, Conference Room 1B. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. 07/2001 Section 00020 Page 1 EJCDC GENERALCONDITIONS 1910-8 (1990 Edition) 36 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) a EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter- will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later- than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, tight 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 -AI /. GC -AI EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 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. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). 00800-1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851 CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL o OF THIS CHANGE ORDER TOTAL C.O.a OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 DATE: DATE: DATE: DATE: Section 00950 Page 1 Section 00960 j Application for Payment Insert pages 1 - 4 9/99 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. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). i1i172 Ii III I 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 y or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins( ByL �.�✓` _ FNIG gEes B.OP rchasing/Risk Management Director _ 07/2001 Section 00020 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851 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: ACCEPTED BY: Contractor's Representative Project Manager DATE: REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 CC,. City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 Section 00960 Application for Payment Insert pages 1 - 4 9/99 0 m m 0 0 N N 0 0 (D (D 3 3 0 0c 0 (D D � S y N U O a � N N 0 0 J J N � d m � N 0 W (D CD O 0 CD CD 6 <, S N (D a 0 z m m O z z m til 0 `m w v m ! 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D. O i 0 x m 0 �O D -0 <, = m �+ o m fA o c" n o cn C D m ? m o m w o (D n 0 0 m ? � N N o a n 0 0 w w w w w w w sa w w w w w w w w w w 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 o 0 0 0 0 0 0 0 O 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 6 0 0 0 n A A CITY OF FORT COLLINS, COLORADO CONTRACT DOCUMENTS FOR WEST ELIZABETH STREETSCAPE IMPROVEMENTS CITY OF FORT COLLINS Fort Collins, Colorado CITY OF FORT COLLINS PROJECT NO.30522000 INDEX OF PROJECT SPECIFICATIONS PART 1 City of Fort Collins Contract Documents PART 2 City of Fort Collins General Requirements PART 3 Project Special Provisions PART 4 CDOT Standard Special Provisions Prepared by SEAR -BROWN 209 South Meldrum Fort Collins, Colorado 80521 970-482-5922 WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 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 March 31, 2004 PAGE NUMBERS General Requirements 1-3 General Requirements 4-5 General Requirements 6-7 General Requirements 8 General Requirements 9-11 General Requirements 12-13 General Requirements 14 General Requirements 15-16 General Requirements 17 General Requirements 18 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of removal of asphalt sidewalk, concrete sidewalk construction, pavement marking, landscaping, irrigation, and installing site furnishings on West Elizabeth Street in the City of Fort Collins. B. Protection and Restoration. 1. 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 6:00 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 l of 18 SECTION 00100 INSTRUCTIONS TO BIDDERS UTILITIES Known utilities within the limits of this project are: Xcel Energy Randy Blank (Gas) Qwest Comm. Rich Stiverson (Telephone) City of Ft Collins Meter Shop (Water) City of Ft Collins (Sanitary Sewer) City of Ft Collins (Electric) City of Ft Collins (Storm Sewer) City of Ft Collins Traffic Operations (Signals/Lights) Comcast (TV Cable) (970)225-7847 Fort Collins, CO (970)377-6403 Fort Collins, CO (970)221-6759 Fort Collins, CO (970)221-6700 Fort Collins, CO (970)221-6700 Fort Collins, CO (970)221-6700 Fort Collins, CO (970)221-6608 Fort Collins, CO (970)493-7400 Fort Collins, CO The work described in these plans and specifications may require coordination between the Contractor and the utility companies in accordance with subsection 105.06 in conducting their respective operations as necessary. The Contractor will be required to provide traffic control for any utility work expected to be coordinated with construction, as directed by the Engineer. The following work shall be performed by the Contractor: Adjust sewer manholes, curb stops, and water valves for the City of Fort Collins as shown in the plans The followine work shall be performed by the Utility Companies: Comcast shall adjust pedestals as shown in the plans. The City of Fort Collins shall adjust water meters, fire hydrants, electric pedestals, signal and light poles, traffic controller cabinet, and traffic signal as shown in the plans. Qwest shall adjust pedestals as shown in the plans. Utility General: The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC registered lines marked by member companies. Calls originating within the Denver metro area use phone no. (303)534-6700; calls originating outside the Denver metro area use 1- 800-922-1987. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. The location of utility facilities as shown on the plan and profile sheets, and herein described, were obtained from the best available information. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. General Requirements - Page 2 of 18 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: 911 Postmaster: US Postal Service: 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 3 of 18 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 Contractor that will be placing concrete sidewalk and site furnishing under City of Fort Collins "West Elizabeth Bikelane Improvements" project whose Work is separate from the General Contractors 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. 1.2 CONFERENCES A. A Preconstruction 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 conferences accompanied by Subcontractors as required by the Engineer. 1.3 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 4 of 18 C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 5 of 18 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 pre -construction 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. I. 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 6 of 18 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 7 of 18 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for the street and landscaping improvements. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will he 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 forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 8 of 18 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 0 13 10, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Engineer, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 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 9 of 18 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 furnished. I. 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 comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: I. 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 8" x I V. 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 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. I. Deviations from Contract Documents. g. Revisions on re -submittals. General Requirements - Page 10 of 18 It. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Engineer and resubmit until accepted. B. In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions. D. Shop Drawings. 1. Include additional drawings that maybe required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION General Requirements - Page 1 I of 18 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. 3.2. In accordance with Section 8-160 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 12/03 Section 00100 Page 1 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. 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 applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: I . 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: All performance and field testing specifically called for by the specifications. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 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 12 of 18 B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should he keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION General Requirements - Page 13 of 18 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. L Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 14 of 18 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 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. 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. 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 minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements - Page 15 of 18 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 current "Larimer County Urban Area Street Standards." 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 16 of 18 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 17 of 18 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 re -negotiation. 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 furnished and the estimated amount therefor. END OF SECTION General Requirements - Page 18 of 18 WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 PART 3 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS West Elizabeth Streetscape Improvements Fort Collins, Colorado March 31, 2004 The 1999 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English units and SI units, the English units apply and are the specification requirement. PROJECT SPECIAL PROVISIONS Page Index Pages (March 24, 2004) 1 Commencement and Completion of Work (March 24, 2004) 2 Revision of Section 10 1 -Definition of Terms (March 24, 2004) 3 Revision of Section 102-Cost Plus Time Bidding (March 31, 2004) 4 Revision of Section 105-Claims for Contract Adjustment (March 24, 2004) 5 Revision of Section 105- Inspection of Work (March 24, 2004) 6 Revision of Section 105-Maintenance During Construction (March 24, 2004) 7 Revision of Section 107-Protection and Restoration Of Property and Landscape (March 24, 2004) 8-9 Revision of Section 108-Commencement.and Completion of Work (March 31, 2004) 10 Revision of Section 201-Clearing and Grubbing (March 24, 2004) 11 Revision of Section 203-Excavation and Borrow (March 24, 2004) 12-13 Revision of Section 208-Concrete Washout Structure (March 24, 2004) 14-15 Revision of Section 208-Erosion Control (March 31, 2004) 16-17 Revision of Section 213-Mulching (March 24, 2004) 18-19 Revision of Section 214-Planting (March 24, 2004) 20-22 Revision of Section 401 Plant Mix Pavements (March 31, 2004) 23 Revision of Section 403 Hot Bituminous Pavement (March 31, 2004) 24-27 Revision of Section 604- Inlets (March 31, 2004) 28-29 Revision of Section 607-Fences (March 24, 2004) 30-31 Revision of Section 608-Sidewalks, Curb & Gutter, Drive Approaches, Aprons, Cross Pans, Concrete Pavement (March 24, 2004) 32-34 Revision of Section 608-Detectable Warnings (February 24, 2004) 35-37 Revision of Section 614-Traffic Control Devices (March 31, 2004) 38-42 Revision of Section 614 and 630-Retroreflective Sign Sheeting (February 26, 2004) 43 Revision of Section 631-Site Furnishings (March 24, 2004) 44-45 Revision of Section 710-Fences and Guardrail (March 24, 2004) 46 WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 March 31, 2004 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 5"' day following Contract execution or the 20th day following the date of award, whichever comes later, unless such time for beginning the work is changed by the Chief Engineer in the "Notice to Proceed." The Contractor shall complete all work in accordance with the "Notice to Proceed." Salient features to be shown on the Contractor's Progress Schedule are: 1. Earthwork 2. Construction Traffic Control 3. Concrete Sidewalk 4. Concrete Curb & Gutter 5. Landscaping 6. Site Furnishing 7. Erosion Control Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.06 shall include the following: Time will not be charged during the months of December, January, February or March. This time is defined as free time and work may continue if conditions permit. A bar chart type schedule will be required in lieu of a CPM type. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 March 31, 2004 REVISION OF SECTION 101 DEFINITION OF TERMS Section 101 of the Standard Specifications is hereby revised for this project as follows: Technical Specifications related to construction materials and methods for the Work embraced under this Contract shall consist of the "State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction' dated 1999. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of the redefinitions follows: Subsection 101.26: "Department" shall mean the City of Fort Collins Subsection 101.27: "Chief Engineer" shall mean the City of Fort Collins Project Manager. Subsection 101.35: "Laboratory" shall mean City of Fort Collins, or designated representative. Subsection 101.47: "Project Engineer" shall mean the City of Fort Collins Project Manager, or designated representative. Subsection 101.68: "State" shall mean City of Fort Collins. "We] 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. 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 _ indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to 12/03 Section 00100 Page 2 REVISION OF SECTION 102 COST PLUS TIME BIDDING Section 102 of the Standard Specifications is hereby revised for this project as follows: Add subsection 102.11 as follows: 102.11 Cost Plus Time Bidding. A special bidding procedure will be used to determine the successful bidder for this project. This procedure takes into account the price offerings from the bidder and the time the bidder intends to take to complete the work. The work will be considered completed when it conforms to the Contract and has been accepted in accordance with subsection 105.16(b). (a) Preparation of Proposal. The bidder shall establish the number of calendar days that will be required to complete the work. The calendar day number shall be included in the bid proposal. This calendar day number multiplied by the daily cost shall be added to the total amount bid for the work items. The sum of these two amounts will be used to determine the lowest successful bidder according to the following formula: A + B X (the daily cost) = Contractor's bid for evaluation of the lowest successful bidder Where: A = Contractor's total bid for the work items B = Number of Calendar days required to complete the work. Daily cost for this project = $ 37828.00 The total number of days established by the bidder to complete the work shall not exceed 76 days. Bids showing time for completion in excess of this -amount will be considered non -responsive. All construction may beein as early as August 1 2004 and must be substantially complete by October 15, 2004. The number of calendar days bid must fall within this construction window. If the contractor is the successful bidder for the "West Elizabeth Bike Lane Proiect". The construction window may be expanded to allow both projects to be constructed concurrently. The above formula will be used solely for the purpose of determining the lowest successful bidder and will have no effect on the actual total bid cost for completing the work. (b) Early Completion of the Work Incentive. If the Contractor completes the work in less than the total number of days bid, an incentive will be paid to the Contractor. This incentive (I) will equal the number of calendar days bid (B) minus the actual number of calendar days required to complete the work (C) multiplied by the daily cost. I = (B — C) X (the daily cost) The maximum incentive is limited to five percent of the Contractor's total bid for the work items (0.05 X A). (c) Late Completion of the Work Disincentive. If the number of calendar days required to complete the work is in excess of the total number of calendar days bid, a disincentive will be deducted from payments made to the Contractor. This disincentive (D) will equal the actual number of calendar days required to complete the work (C) minus the number of calendar days bid (B) multiplied by the daily cost. D = (C — B) X (the daily cost) •wwww• u••••wwwwwwwwwwwwwww••wwwwwwwwwwwwwwwwww•w•■wwwwwwwwwwwwwwwwwwww •www a wwwwww•www■ WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 March 31, 2004 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.17 shall include the following: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of the City of Fort Collins General Requirements. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS 30522000 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: March 31, 2004 The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 March 31, 2004 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 work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owners 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. WEST ELIZABETH STREETSCAPE March 31, 2004 CITY OF FORT COLLINS PROJECT 30522000 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.12 shall include the following: The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer. If the area to be repaired is five (5) inches or less in width, the Contractor shall clean the area of all debris (i.e. concrete, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean and vertical, and place (see below) and compact topsoil. The topsoil shall be compacted utilizing a hand operated roller or other method approved by the Engineer. For concrete repair locations, the placement of topsoil (backfill) shall be completed within two (2) working days of the placement of the concrete. The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, hard clods, toxic substances or other material which would be detrimental to the proper development of vegetative growth. The material to be utilized shall be approved by the Engineer prior to placement. The topsoil shall be in a relatively dry state and placed during dry weather. The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and contours shall be maintained. If any portion of the area to be repaired is greater than five (5) inches in width, the Contractor shall clean and prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot, place sod over the entire area, water once, and notify the property owner in writing of the nature of the work that has taken place and that the sod will be watered only once. If the area to be repaired is only damaged on the surface, the Contractor shall remove the damaged areas of sod to a depth that will allow new sod to be placed, place new sod, water once and notify the property owner in writing of the nature of the work that has taken place and the fact that the sod will be watered only once. The minimum overall width of the area to be sodded shall be one (1) foot. For concrete repair locations, the placement of sod shall be completed by the end of the first working day of the week following the placement of the concrete. Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the limits of construction and protected from damage by the contractor. Sprinkler heads shall be salvaged and stockpiled on each property for use when reconstructing the sprinkler systems. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 March 31, 2004 Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be replaced at the Contractor's expense, within three (3) working days from the date of damage. In areas where the Engineer directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod and sprinkler relocation will be provided by the City under separate contract. All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his expense unless a written waiver is obtained from the property owner and submitted to the Engineer. Re -sodded lawns shall be watered once by the Contractor. All costs for protecting and restoring landscaping and 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 adjustment, the placement of topsoil, sort and sprinkler relocation will be provided by the City under separate contract. All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done and shall not be measured and paid for separately. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS 30522000 REVISION OF SECTION 108 COMMENCEMENT AND COMPLETION OF WORK Section 108.04 of the Standard Specifications is hereby revised as follows: March 31. 2004 Access to businesses must be maintained during construction. For businesses that have only one driveway, the driveway must be placed in two haves to allow access at all times. For businesses that have two or more driveway accesses, the driveways must be removed, replaced and reopened to traffic within four working days Subsection 108.07 shall include the following If the above requirements are not met, at the City's option, liquidated damages in the amount of $500.00 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. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 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: March 31, 2004 When any tree roots are encountered during construction operations, the Contractor shall notify the Engineer prior to any root removals. The Engineer and the City Forester's representative shall then make a determination regarding removal. Tree roots shall be removed with a sharpened, sanitized saw, cut orthogonally to its longitudinal axis as closely as practical, to leave the freshly cut root surface in a clean and smooth condition. Axes, or other blunt objects shall not be used to cut tree roots. Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to prevent any damage to the roots with tools or equipment. All costs for removing tree roots shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the removal of tree roots. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT NO. 30522000 March 31, 2004 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", "Muck 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. (b) Muck Excavation shall consist of the removal of unstable soils unsuitable for construction not being removed under some other item. Subsection 203.07 is revised to include the following: Borrow material shall meet the grading requirement for Class 1 (Pit Run) or Class 5 (Road Base) Aggregate Base Course. (The Class 1 Aggregate Base Course need not be crushed and can be of the pit run variety provided it falls within the gradation requirements as shown in the Standard Specifications.) The material required for a specific location shall be directed by the Engineer Subsection 203.09 is revised to include the following: The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed. The excavation will be accomplished in the following manner: General Excavation: The pavement areas to be removed will be marked on the surface by the Engineer with paint. A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge will be parallel or at right angles to the direction of traffic. Wheel cutting shall not be allowed. If, in the opinion of the Engineer, the subgrade material is unsuitable, it shall be removed to the linuts and depths designated. After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade by compacting with a sheepsfoot roller, rubber tired roller and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately, but shall be included in the contract unit price for General Excavation. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT NO. 30522000 Muck Excavation: Borrow: March 31, 2004 Where excavation to the finished grade section (including General Excavation and Patching) results in a subgrade of unsuitable soil, the Engineer may require the Contractor to remove the unsuitable materials and backfrll to the finished grade section with approved material (asphalt or borrow). After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade with a sheepsfoot roller, rubber tired roller, vibratory plate, steel drum roller, and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately but shall be included in the contract unit price for Muck Excavation. Borrow shall be placed as directed by the Engineer. 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. Subsection 203.17 shall include the following: The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further work continues. Should the Contractor fail to request the Engineer to measure any work and perform other work that would prevent the Engineer from measuring pay quantities, the Contractor shall not be compensated for materials not measured by the Engineer. The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard. Subgrade preparation, haul and disposal will not be measured and paid for separately. The accepted quantities of Borrow will be paid for at the contract unit price per ton. Compaction and haul will not be measured and paid for separately. Subsection 203.18 shall include the following: Payment will be made under: PAY ITEM 203 Excavation UNIT Cubic Yard 203 Borrow Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Excavation and Borrow including haul, stockpiling, placing material, watering or drying soil, compaction, proof rolling, finish grading and disposal of unusable materials, as shown on the plans, as specified in these specifications, and as directed by the Engineer. be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty- first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment 12/03 Section 00100 Page 3 WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT NO. 30522000 March 31, 2004 REVISION OF SECTION 208 CONCRETE WASHOUT STRUCTURE Section 208 of the Standard Specifications is hereby revised for this project as follows: Subsection 208.01 shall include the following: This work includes the installation of a concrete washout structure that will contain washout from concrete placement operations and construction equipment cleaning operations. Subsection 208.02 shall include the following: (i) Concrete Washout Structure. Embankment required for the concrete washout structure may be excavated material, provided that this material meets the requirements of Section 203 for embankment. Subsection 208.03 shall include the following: d) Concrete Washout Structure Design. At least 10 days prior to start of paving operations, the Contractor shall submit in writing a method statement outlining the design, site location and installation of a concrete structure that will contain washout from concrete placement operations. Work on this structure shall not begin until written acceptance provided by the Engineer. The structure shall meet the following requirements: (1) Structure shall contain all washout water and saw water. (2) Stormwater shall not carry wastes from washout/disposal location. (3) The site shall be located a minimum of 50 horizontal feet from state waters as defined in subsection 107.25. (4) The site shall be signed as "Concrete washout'. (5) Each concrete truck driver/pumper operator shall be aware of site locations. (6) The site shall be accessible to appropriate vehicles. (7) The bottom of excavation must be proven to equal or exceed five vertical feet from groundwater or, alternatively, excavation must be lined with either a clay or synthetic liner that is designed to control seepage to a maximum rate of 10"6 centimeters per second. (8) Freeboard capacity shall be included into structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. (9) All measures shall be taken to prevent tracking of washout material onto roadway surface. (10) Adding solvents, flocculents, or acid to washwater is prohibited. Subsection 208.05 shall include the following: (I) Concrete Washout Structure. The concrete washout structure shall be completed and ready for use prior to concrete placement operations. The structure shall be fenced with orange plastic construction fencing or equivalent fencing material to provide a barrier to construction equipment and to aid in identification of the concrete washout area. Waste material from concrete washout operations shall be removed and disposed of in accordance with subsection 208.04 (f) when it has accumulated to one-half of the wet storage capacity of the structure. Removal of the structure upon completion concrete placement operations shall be as directed by the Engineer. -2- REVISION OF SECTION 208 CONCRETE WASHOUT STRUCTURE Subsection 208.06 shall include the following: (10)Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations In subsection 208.06 delete the last paragraph and replace with the following The Engineer will notify the Contractor in writing of each incident of failure to perform erosion control, items (1) through (10) above. The Contractor will be allowed 7 calendar days from the date of notification to correct the failure. The Contractor will be charged $500 in liquidated damages for each calendar day after the seventh day that one or more of the incidents of failure, items (1) through (10) above, remains uncorrected. The liquidated damages is based on daily costs associated with having a CDOT Regional Erosion Control Team (RECAT) on site to address the impact of failing to meet one or more of these erosion control measures. The liquidated damages will accumulate, for each cumulative day that one or more of the incidents remains uncorrected. The number of liquidated damages days will be cumulative for the duration of the project; that is: the charge for a particular day will be added to the total number of liquidated damages days accumulated on the project. Total daily charge will be deducted from any monies due the Contractor. Subsection 208.07 shall include the following: Concrete washout structure shall be the actual number that are installed and accepted, and will include excavation, embankment, concrete, erosion bales, and fencing. Subsection 208.08 shall include the following: Payment will be made under: Pay Item Pay Unit Concrete Washout Structure Each Payment will be full compensation for all labor materials and equipment required to complete the work. Concrete washout and waste material disposal will not be measured and paid for separately, but shall be included in the work. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS 30522000 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: Subsection 208.05 is revised to include the following: March 31, 2004 All erosion control devices, materials, techniques, and maintenance required to prevent damage to the storm water facilities are outlined in the City of Fort Collins Stormwater Utility Storm Drainage Design Criteria and Construction Standards. All inlets shall be protected by a gravel filter as shown by Detail D-25 Curb Inlet Filter — Gravel. See Plans Details. The City of Fort Collins Stormwater Department erosion control inspector must be notified at least 24 hours prior to any construction on this site. All required perimeter silt fencing shall be installed prior to any land disturbing activity (stockpiling, stripping, grading, etc). All other required erosion control measures shall be installed at the appropriate time in the construction sequence as indicated in the approved project schedule, construction plans, and erosion control report. Pre -disturbance vegetation shall be protected and retained wherever possible. Removal or disturbance of existing vegetation shall be limited to the area required for immediate construction operations, and for the shortest practical period of time. All soils exposed during land disturbing activity (stripping, grading, utility installations, stockpiling, filling, etc.) shall be kept in a roughened condition by ripping or disking along land contours until mulch, vegetation, or other permanent erosion control is installed. No soils in areas outside project street rights of way shall remain exposed by land disturbing activity for more than thirty (30) days before required temporary or permanent erosion control (e.g. seed/mulch, landscaping, etc.) is installed, unless otherwise approved by the Stormwater Department. The property shall be watered and maintained at all times during construction activities so as to prevent wind -caused erosion. All land disturbing activities shall be immediately discontinued when fugitive dust impacts adjacent properties, as deternuned by the City of Fort Collins Engineering Department. All temporary (structural) erosion control measures shall be inspected and repaired or reconstructed as necessary after each runoff event in order to assure continued performance of their intended function. All retained sediments, particularly those on paved roadway surfaces, shall be removed and disposed of in a manner and location so as not to cause their release into any drainageway. No soil stockpile shall exceed ten (10) feet in height. All soil stockpiles shall be protected from sediment transport by surface roughening, watering, and perimeter silt fencing. Any soil stockpile remaining after 30 days shall be seeded and mulched. City Ordinance prohibits the tracking, dropping, or depositing of soils or any other material onto City streets by or from any vehicle. Any inadvertent deposited material shall be cleaned immediately by the contractor. Subsection 208.07 is revised to include the following: The accepted quantities will be paid for at the contract unit price. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS 30522000 March 31, 2004 REVISION OF SECTION 208 EROSION CONTROL Payment will be made under: Pay Item Pay Unit 208 Erosion Control Lump Sum 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 installing and maintaining erosion control, complete -in -place, as specified in these specifications, and as directed by the Engineer. END OF SECTION WEST ELIZABETH BIKE LANES CITY OF FORT COLLINS PROJECT 30522000 March 31.2004 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: Subsection 213.01 shall include the following: This work consists of furnishing and placing wood mulch and weed barrier in the planting beds and crusher fines in the tree cutouts in sidewalk in accordance with the plans and specifications. Subsection 213.02 shall include the following: Materials for wood mulch shall consist of commercially available medium size bark mulch. Contractor shall submit sample of proposed mulch in a plastic baggie. Submit name of proposed supplier. Materials for crusher fines shall be light grey in color and meet the following sizes: Sieve Size % Passing 1" 100 3/4" 100 1/2" 92 3/8" 84 # 4 63 #8 45 #10 42 #40 23 #50 19 # 100 14 #200 9.7 Materials for gravel mulch shall be 1"-1 'h" diameter river rock. Materials for weed barrier shall be a non -woven geotextile material suitable for this purpose such as Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. Submit brand name and model number/name of proposed weed barrier to be used. Subsection 213.03 shall include the rollowing: Weed Barrier. Weed barrier shall be placed in shrub beds, tree grate planting areas, tree cutouts in WEST ELIZABETH BIKE LANES CITY OF FORT COLLINS PROJECT 30522000 March 31, 2004 pavement with crusher fines, and where noted on the plans and details. At edges of curbs, walls, structures, pavements, and headers, weed barrier shall be turned down into grade and secured with 11 gauge, 12 inch long staples at 18" inches O.C. Where individual weed barrier sheets abut they shall overlap a minimum of 4 inches and be secured with I 1 gauge, 12 inch long staples at 18" inches O.C. along the joint. Wood Mulch. Prior to placing mulch and planting in mulch beds, apply Roundup herbicide to weeds and allow beds to sit for 7 days. Place wood mulch in shrub beds and tree planting rings in turf areas. Place mulch to a 2 inch depth. Do not use weed barrier in tree rings. Gently brush mulch off of shrubs once installed. Take care in placement not to damage newly planted materials. Gravel Mulch. Place gravel mulch over finish grade in planting area beneath tree grates to a 2 inch depth. Crusher Fines. Place crusher fines to a 3 inch depth in tree cutouts in pavement as shown on plans and details. Subsection 213.04 shall include the following: The quantity of weed barrier, wood mulch, crusher fines, and gravel mulch will not be measured but shall be the quantity designated in the Contract, except measurements will be made for revisions requested by the Engineer, or for discrepancies of plus of minus five percent of the total quantity designated in the Contract. Subsection 213.05 shall include the following: Payment will be made under: Pay Item Pay Unit Weed Barrier Square Foot Wood Mulch Square Foot Gravel Mulch Square Foot Crusher Fines Square Foot Herbicide will not be measured and paid for separately but shall be included in the work. WEST ELIZABETH BIKE LANES March 31, 2004 CITY OF FORT COLLINS PROJECT 30522000 REVISION OF SECTION 214 PLANTING Section 214 of the Standard Specifications is hereby revised for this project as follows: Subsection 214.01 shall include the following: This work consists of finish grading, installation of soil amendments, and furnishing and planting trees, shrubs, and other plant material. Subsection 214.02 shall include the following: Plant List. A plant list is provided on the drawings. Quantities shown on the list are for information only. Contractor shall be responsible for verifying quantity takeoffs as shown on the drawings. In the event of a discrepancy between quantities shown on the plant list and quantities depicted on the plans, the quantities depicted on the plans shall govern. Topsoil. Material includes existing on -site topsoil for use as part of planting backfill mix. Submit a minimum of 2 samples of soil to the Colorado State University Soil Testing laboratory for analysis and fertilizer recommendations. Samples shall be taken from widely varying sections of the site. Guying and Staking Cord. Material includes 1/4" Diameter yellow nylon rope or 14AWG wire with 1/2" X 12" PVC sleeves. Webbing. Material includes 2"nylon webbing or rubberized cloth. No hose permitted. Tree Wrap. 4" minimum width commercial tree wrap. Secure tree wrap with jute rope or a similar biodegradable material. Item (d) under Subsection 214.02 shall be deleted and replaced with the following: Organic Ansendrnent. Material shall be A-1 Organic, Colorado Compost or equivalent approved 7 days prior to bidding. Compost shall meet the following specifications: A totally organic product (Mountain peat is not acceptable in the amendment) that has been aerobically and naturally processed without the addition of coarse wood chips, in such a manner as to maintain a consistent temperature of 140 degrees Fahrenheit or greater for a period of time sufficient to create the following characteristics, measured by dry weight: Maximum allowable organic matter: 60% Organic matter to nitrogen ratio 25:1 to 30:1 pH: 6.5 to 7.5 Salts: 2.0 to 3.0 mmhos Less that 40% inorganic matter Less than 5% soil, dirt, or sand Maximum particle size of/z" diameter Eradication of all harmful weed seeds, pathogens, and bacteria. A well decomposed earthy smell (non -offensive) Fertilizer. Fertilizer for turf shall be commercial type, of uniform composition, free flowing, and conforming to applicable state and federal laws. Fertilizer shall be formulated to meet the suggestions of the CSU soil laboratory for turf fertilization. Fertilizer for trees, shrubs, and perennials shall be Osmocote Sierrablen, 9 month slow release WEST ELIZABETH BIKE LANES CITY OF FORT COLLINS PROJECT 30522000 March 31. 2004 fertilizer. Apply per manufacturer's recommendations. Bone Meal shall be a commercially available brand. Submit proposed formulation and company name. Subsection 214.03 shall include the following: Examination. Verify Rough grading is within I tenth of a foot. Verify site is free from obstructions, objects, or structures that are not a part of the final site construction. Verify major drainages are completed and in place. Do not start work until the site is acceptable. Once landscape grading has commenced, the Landscape Contractor shall be responsible for bringing all grading to final line and grade and creating positive drainage. Clearing. Prior to any soil preparation, existing vegetation not to remain and which might interfere with the specified soil preparation shall be mowed, grubbed, raked, and the debris removed from the site. Prior to or during grading or tillage operations the ground surface shall be cleared of materials which might hinder final operations. Soil Preparation and Finish Grading. Protection- Field locate all buried cables, wires, electrical service, irrigation lines and any other subsurface element that may be damaged during ripping operations. Stake and/or paint locations with an easily visible system that will enable equipment operators to avoid damaging buried utilities. Prepare all turf, shrub bed, and ground cover areas as follows: Rip soil to a minimum depth of 12" in two directions using an agricultural ripper with tines spaced no greater than 12". Areas adjacent to walks, buried obstructions, structures, curbs etc. where the use of large mechanical equipment is difficult, shall be worked by hand. If roots of trees are encountered, minimize ripping operations as needed to avoid cutting roots or damaging plant material. Apply Roundup to areas to be seeded a minimum of 2 weeks after topsoil has been redistributed and before application of soil amendment. Apply Roundup only when weeds are growing vigorously. Apply at manufacturers maximum recommended rate. Spread the following amendments over the entire area to receive landscaping. Incorporate the amendments into the top 6 inches (or as noted below) of soil by rototilling: Turf Areas Shrub bed areas Compost 4CY/1,000SF 5CY/I,000SF (into to 6") (into to 6") Fertilizer As per recommendation of soil lab report Bone NA 201bs./100SF Meal Incorporate amendments by discing or rototilling into the top 6 inches of soil. Obtain a uniform mixture. Work tight areas by hand. Restore fine grade with float drag to remove irregularities WEST ELIZABETH BIKE LANES CITY OF FORT COLLINS PROJECT 30522000 March 31, 2004 resulting from tilling operations. Float drag in two directions. Eliminate uneven areas and low spots. Establish a finish grade that provides positive drainage as indicated on the grading plans. Remove debris, roots, branches, stones, in excess of 1-2" inch diameter in size. Coordinate grading of subgrade to the following depths: Adjacent to curbs & other Surfaces 1. Sodded areas 1" below curbs and walks 2. Tree and shrub 3" in gravel mulch; 2" in wood bed areas mulch Do not plant until finish grade has been reviewed by the Owner's Representative. This review does not reduce Contractor's responsibility to provide a finished product that drains. Subsection 214.04 shall include the following: Topsoil for backfill mix, guys and stakes, webbing, tree wrap, weed barrier and fertilizer will not be measured and paid for separately but shall be included in the work. Subsection 214.05 shall include the following: Payment will be made under: Pay Item Pay Unit Deciduous Canopy Tree, 2" caliper Each Ornamental Tree, 1-1/2" caliper Each Shrub, 5 gallon cont. Each Soil Preparation Square Foot WEST ELIZABECH STREETSCAPE CITY OF FORT COLLINS 30522000 REVISION OF SECTION 401 PLANT MIX PAVEMENTS Section 401 of the Standard Specifications is hereby revised as follows: March 31. 2004 The following two paragraphs shall be deleted from Subsection 401.02 (a)(4) "A sufficient quantity of each aggregate, mineral filler, reclaimed material, and additive for the required Laboratory tests." "The Department will process one asphalt design mix for each pavement grading at no charge to the Contractor. The Contractor will be assessed a charge of $3,000 for testing and evaluating each additional design mix submitted by the Contractor" Subsection 401.02 is hereby revised to include the following: Requests made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. A job mix formula shall be determined by the Contractor and submitted to the Engineer for approval a minimum of one week prior to the beginning of construction for each proposed change. The Contractor shall provide the Engineer with a report from an independent testing laboratory acceptable to the Engineer. The report shall state the Superpave properties, optimum oil content, job mix formula and recommended mixing and placing temperatures. The costs for all job mix formulas shall be the responsibility of the Contractor. If the Contractor uses more than three (3) job mix formulas for a type of plant mix pavement used, the City may charge the Contractor for testing and evaluation of the mix designs, including the costs for calibration. Mix design verification testing shall be the responsibility of the Contractor. A minimum of one verification per mix design or one per 10,000 ton of mix used shall be provided to confirm oil content, gradation, air voids, VMA, and stability. Subsection 401.07 shall include the following: Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401-3, the dates coincide with Table 401-3A, and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. Subsection 401.17 is hereby revised to include the following: All pneumatic tire rollers shall be equipped with rubber skirts. described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is — indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance _ after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 12/03 Section 00100 Page 4 WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS 30522000 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications is hereby revised as follows: Subsection 403.01 is revised to include the following: March 31, 2004 This work shall consist of placing the specified depth of Hot Bituminous Pavement, Grading SX - Parking Lot Overlay, Grading SX, Grading SG, or Grading S, over existing pavement or subgrade surfaces previously prepared by the Contractor or City of Fort Collins Crews, according to the current Larimer County Urban Area Street Standards and Colorado Department of Transportation Design Criteria. Subsection 403.02 is revised to include the following: Laboratory Mix Design - SHRP Mix, Grading S - The mix design shall be prepared by an independent laboratory acceptable to the Engineer. The criterion for the mix design is as follows: Designed according to most recent set of SUPERPAVE Specifications available at the time A request made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. The design mix for Grading S, SX, and SG shall conform to the current Larimer County Urban Area Street Standards and the following: Property Test Method Grading S Grading SG Grading SX Minimum Dry Split Tensile Strength, kPa CPL 5109 (psi) Method B 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement Top Layer PG 64-28 PG 64-22 PG 64-22 Grade of Asphalt Cement Layers Below Top PG 64-28 PG 64-22 PG 64-22 Voids in the Mineral Aggregate (VMA) % minimum CP 48 (a) (a) (a) Voids Filled with (a) (a) (a) Asphalt (VFA) % AIMS-2 (a) Current CDC t Design Criteria (b) Residential 75, Collector 75, Arterial 100 WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS 30522000 March 31, 2004 The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HBP. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. Reclaimed materials will not be allowed in Hot Bituminous Pavement. A maximum of 20% reclaimed material will be allowed for HBP Grading SG. The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than 225E F. Emulsified Asphalt for tack coat shall be Grade CSS- I h. The tack coat shall consist of a 1:1 dilution (one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be approximately 0.1 gallons per square yard. The existing pavement shall be broomed and cleaned to be free of dirt, water, vegetation and other deleterious matter immediately prior to commencing the paving operation. Edges of the area to be patched shall be sawcut vertically, and perpendicular or parallel to the roadway, as directed by the Engineer. Tack coat shall be placed against clean, vertical edges on all sides of the area to be patched. Hot Bituminous Pavement Grading SX and S, shall be placed in equal lifts two (2) inches. The minimum lift thickness shall be one and one half (1'/2") inch. HBP Grading SG shall be placed in equal lifts not exceeding four (4) inches. The minimum lift thickness shall be three (3) inches. Overlaying layers of Hot Bituminous Pavement shall not be placed until the lower layer has cooled sufficiently to provide a stable material which will support the equipment without rutting, shoving or moving in any manner. Tack coat shalt be placed between all lifts. Any leveling courses placed shall be paid for at the contract unit price for Hot Bituminous Pavement. Asphalt depths are specified per location in Section 02500, Quantity Estimate. Any deviation from the specified depths shall be approved by the Engineer prior to asphalt placement. Subsection 403.04 shall include the following: Hot Bituminous Pavement Grading SX - Parking Lot, SX — Basketball Court, SX, S, and SG, will be measured by the ton and paid for at the Contract Unit Price for Hot Bituminous Pavement. Haul, bituminous materials, aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item will not be paid for separately but shall be included in the unit price bid. Load slips shall be consecutively numbered for each day and shall include batch time. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS 30522000 March 31, 2004 Subsection 403.05 shall include the following: Payment will be made under: Pav Item Pay Unit 403 Hot Bituminous Pavement Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Hot Bituminous Pavement, including compaction, rolling, haul, surface preparation, and bituminous materials, complete in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. Section 403 of the Standard Specifications is hereby revised as follows: Subsection 403.01 is revised to include the following: This work shall consist of excavating pavement areas to the specified depth, preparing the subgrade, and placing Hot Bituminous Pavement in accordance with these specifications, and in reasonably close conformity with the lines, grades, thickness and typical cross sections shown on the plans or established. Subsection 403.02 is revised to include the following: The materials shall conform to the requirements of Revision of Section 403 - Hot Bituminous Pavement found herein. Subsection 403.03 is revised to include the following: Patching will be accomplished in the following manner: A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge of the finished patch will be parallel or at right angles to the direction of traffic. Wheel cutting shall not be allowed. All patches placed in pavement not to be overlaid shall be sawcut. If, in the opinion of the Engineer, the subgrade material for the patch is unsuitable, it shall be removed to the limits and depths designated. If asphalt is to be placed in the extra depth, the Contract Unit Price for Patching shall be used for measurement and payment. If the deepened section is to be filled with Borrow, the excavation will be measured and paid for under Revision of Section 203 - Excavation and the material paid for under the appropriate item found herein. The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed. After the excavation has been completed, the Contractor shall prepare the subgrade by utilizing a vibratory plate, roller, or other compaction device approved by the Engineer. After the area to be patched is prepared, the Contractor shall place an emulsified asphalt tack coat on WEST ELIZABETH STREETSCAPE CITY OF FORT COLUNS 30522000 March 31, 2004 all pavement cut surtaces and on the lip of exposed gutter and crosspan faces that abut these paving areas. Emulsified Asphalt for tack coat shall be grade CSS-1 h. The tack coat shall consist o f a 1:1 dilution (one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be approximately 0.1 gallons per square yard. Grading SG shall be used in all locations except in locations where patching takes place and no overlay is scheduled. Grading SG shall be placed in the bottom of the patches and shall be left one and one-half (18) to two (2) inches below the existing street surface to allow the patch to be "topped" with a surface course material. The "topping" material shall be Hot Bituminous Pavement Grading SX for residential streets, and Grading S for arterials and collectors. Hot Bituminous Pavement used for "topping" material will be measured and paid for at the Contract Unit Price for Patching. In locations where concrete repairs take place in an area of a large patch or in grind areas and the grind operation does not immediately follow the concrete repair (three (3) days), the Contractor shall remove no more than six (6) inches of pavement. The pavement areas shall be temporarily patched with a minimum of two (2) inches of asphalt. These locations shall be paid under the Contract Unit Price for Patching. Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than 225' F. Pavement areas to be replaced adjacent to concrete repairs shall be completed within three (3) working days of said concrete work. Areas requiring reduction in the quantity for Patching shall be deducted from the pay quantity using the following formula: Deduct 0.054 Tons Per Square Yard Inch Subsection 403.05 is revised to include the following: The accepted quantities for Patching will be paid for at the Contract Unit Price per Ton. Payment will be made under: Pay Item Pav Unit 403 Hot Bituminous Pavement (Patching) Ton 403 Asphalt Sidewalk Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in Patching, including pavement cutting, excavation, haul, disposal, surface preparation, and bituminous materials, complete -in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 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: March 31, 2004 This work shall consist of the removal and replacement of existing inlets and/or inlet decks, in accordance with these specifications, and in reasonably close conformity with the lines and grades shown on the plans or established by the Engineer. Subsection 604.05 is revised to include the following: As part of the "Reconstruct Inlet Deck" items, the concrete around the inlet as marked shall be removed and hauled from the site. The existing frame, grate, and angle iron face shall be salvaged and reused in the 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. Reconstruct Inlet Deck shall include the deck reconstruction of existing inlets, including two, three and a half foot (33) transitions, measured from inside face of box, on each side. Inlets with openings greater than those defined on the detail shall be paid for as Reconstruct Inlet Deck, per each, plus Inlet Deck - Additional Opening, per lineal foot. Subsection 604.07 is revised to include the following: When concrete is to be removed and replaced around an existing grate without disturbing the deck or box, this shall not constitute Reconstruct Inlet Deck. These locations shall be measured and paid for separately under the items described in Revision of Sections 608 and 609 - Sidewalks, Curb and Gutter, Drive Approaches, Aprons and Crosspans found herein. Subsection 604.08 is revised to include the following: Payment will be made under PAY ITEM UNIT 604 Inlet Type R (5 Foot) (Modified Radial) Each 604 Inlet Type R (5 Foot) Each 604 Inlet Type 13 Combination (5 Foot) Each 604 Inlet Type 13 Combination (10 Foot) (Modified) Each 604 Sidewalk Chase (with 5/8" metal plate) LF Expansionjoint material shall be installed every 500' in long runs and between new structure slabs and existing concrete slabs, where called for, and around fire hydrants, poles. inlets, sidewalk underdrains, nud-block ramps, radius points at intersections, and other fixed objects, i.e. ends of sidewalk slabs and curbs. Expansionjoint material must be set vertical and installed in accordance with the CDOT M&S Standards for Concrete Pavement Joints. The joint shall be edged with a suitable edging tool and sealed in accordance with CDOT Section 412.18. 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 Inlets reinforcement, concrete, jointing, expansion and caulking, complete - in -place, as specified in these specifications, as shown on the plans, and as directed by the Engineer. WEST ELIZABETH BIKE LANES CITY OF FORT COLLINS PROJECT 30522000 REVISION OF SECTION 607 FENCES Section 607 of the Standard Specifications is hereby revised for this project as follows: Subsection 607.01 shall include the following: This work consists of the construction of ornamental tubular metal fence in conformance with these specifications and in conformity with the lines and grades shown on the plans. Subsection 607.02 shall include the following: Materials shall meet the requirements specified in the following subsections: Ornamental Metal Fencing 710.10 The Contractor shall submit shop drawings for fencing that clearly indicate the following: Profiles, sizes, spacing and locations of members Connections, attachments and anchor details Size and type of fasteners All fittings, mounting brackets, hardware and accessories Finishes, coatings and shop painting Weld lengths and sizes The Contractor shall include erection drawings, elevations and details where applicable. The Contractor shall submit a sample of steel sections with paint color. Subsection 607.03 shall include the following: Fencing shall be delivered in pre -assembled sections ready for installation with a minimum of field welding required. Store fabricated steel in a dry place to avoid condensation or damage to finish. March 31, 2004 Deliver anchor bolts, sleeves and anchorage devices which are built into masonry or embedded in concrete to the project in time for installation under appropriate trades. Furnish setting drawings, templates and installation instructions as required. Ornamental metal fencing shall be galvanized and powder coated. Color shall be black. Fabricate fencing in accordance with details and approved shop drawings. Upon completion, work shall be straight, rigid and tight and free of defects. Material shall consist of new stock of types and sizes indicated. Contractor shall verify dimensions on site prior to shop fabrication. Fit and shop assemble sections in largest practical sizes for delivery to site and installation. Supply components required for secure anchorage of fencing as indicated. Make cuts clean and sharp with wire edges ground smooth. Grind exposed welds smooth and flush with adjacent surfaces. Make exposed joints butt tight, flush and hairline. Close all exposed ends of tubing with welding caps. Welding shall comply with American Welding Society Standards for exposed architectural metal work. Miter and cope intersections and weld all around. Remove splatter, grind exposed welds to blend and contour surfaces to match those adjacent. WEST ELIZABETH BIKE LANES CITY OF FORT COLLINS PROJECT 30522000 March 31, 2004 Inspection: Verify that concrete construction to receive fencing is plumb, square and level before installation is started. Report unsatisfactory conditions to General Contractor. Beginning of installation means acceptance of existing conditions. Supply items to be cast into concrete with setting templates and erection drawings to appropriate sections. Erect work square and level, free from distortion or defects detrimental to appearance or performance. Install fence posts and panels according to approved shop drawings. Attach to walls where indicated. Set posts in concrete, Leave protective coatings in place until project is substantially completed. Remove and leave surfaces clean upon completion. Remove stained or otherwise defective work. Replace with new material. Touch up paint as required following installation. Subsection 607.04 shall include the following: Ornamental metal fencing will be measured by the linear foot. Measurement will be along the base of the fence from outside to outside of end posts for each continuous run of fence. Subsection 607.05 shall include the following: Payment will be made under: Pay Item Pay Unit Fencing/Pedestrian Railing Linear Foot WEST ELIZABETH STREETSCAPE March 3t, 2004 CITY OF FORT COLLINS PROJECT 30522000 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, AND CONCRETE PAVEMENT Sections 608 and 609 of the Standard Specifications are to be deleted and replaced with the Larimer County Urban Area Street Standards, October 2002, except as noted herein. 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 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 1/11, or Type I[I. The air content shall be five (5) to eight (8) percent "High Early" concrete shall be used for concrete repair locations. "High Early" concrete shall have a specified compressive strength of 4000 psi and a minimum 48 hour compressive strength of 3000 psi. The type of concrete used for a particular location shall be approved by the Engineer. See also Section 2.05, 'RiPavement Design', and Section 4.2.4., 'Concrete Streets', of the City of Fort Collins Design Criteria and Standards ZrfoStreets." Water Reducing Agents shall conform to ASTM C 494-82. Accelerating Agents shall conform to ASTM C 494-82. Calcium Chloride shall not be utilized as an accelerating agent. The Contractor shall furnish a load slip containing the information required by AASHTO M 157, 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. In locations where concrete pavement is replaced, the new pavement shall have a minimum thickness of 7" or a thickness of l" thicker than the existing adjacent pavement slab. Existing pavement shall be saw cut to obtain a straight and neat edge for paving and shall be deep enough to cut through the entire pavement thickness. All joints shall be sealed with an asphalt or approved equal, filler compound. The top of the new pavement shall be even with the existing concrete pavement. The concrete shall be consolidated with a mechanical vibrator. All construction joints shall be doweled except for expansion joints and joints along existing curb and gutter. In locations where concrete pavement is being replaced, the construction joint (s) shall be constructed in accordance with the detail for "Replacing Concrete Pavement" contained herein. This item will not be measured or paid for separately under the terms of this contract. The maximum spacing for transverse joints in crosspans and concrete pavement shall be ten (10) feet. Curing materials shall be white pigmented liquid linseed oil based or paraffin based curing compound, and shall conform to ASTM Specification C 309-81 Type 11, Class B. The application rate for curing compound shall be 150 sq. ft./gal. for WEST ELIZABETH STREETSCAPE March 31, 2004 CITY OF FORT COLLINS PROJECT 30522000 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 poured in sections, the construction joint (s) shall be constructed in accordance with the detail for "Concrete Construction Joints" contained herein. This item will not be measured or paid for separately under the tenns 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. Concrete blankets shall be used when the temperature is expected to fall to 32°F or below within 36 hours after placement of curing compound for 48 hour high early concrete. Asphalt patching against fresh concrete shall not be permitted during the time frames for protection of concrete stated above. The debris immediately adjacent to a concrete repair location shall be completely cleaned up on the work day following the placement of the concrete. If required, the concrete shall be protected as stated above. Any damage caused during the cleanup process shall be the Contractor's responsibility. The Contractor shall utilize forms approved by the Engineer for the tabulation of concrete quantities. Payment will be made under: PAY ITEM 608 Concrete Curb Ramp PAY UNIT SY 608 Concrete Crosspan SY 608 Concrete Apron SY 608 Concrete Sidewalk (6 Inch) SY 608 Upgrade to Concrete Sidewalk (Color) SY 609 Curb & Gutter Type 2 Special (7' Pan) LF 609 Curb & Gutter Type 2 (Section II-13) LF 610 Median Cover Material SF Sawcutting related to the above items shall be considered a subsidiary obligation of the Contractor, and shall not be measured or paid for separately. "Pedestrian Access Ramp, Highback Curb," shall be measured by the square foot. The length shall be measured from the 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 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. 12/03 Section 00100 Page 5 WEST ELIZABETH STREETSCAPE March 31, 2004 CITY OF FORT COLLINS PROJECT 30522000 lip of the gutter to the top of the transition at the back of the ramp, and the width shall be measured at the midpoint. "Highback Curb, Gutter and Drive Approach" and "Highback Alley Approach" shall include 4 feet behind the back of the curb, and shall be measured in the flow line from the point of curvature on each radius. Expansion joint material shall be installed every 500' in long runs and between new structure slabs and existing concrete slabs, where called for and around fire hydrants, poles, inlets, sidewalk underdrains, mid -block ramps, radius points at intersections, and other fixed objects, i.e. ends of sidewalk slabs and curbs. Expansionjoint material must be set vertical and installed in accordance with the CDOT M&S Standards for Concrete Pavement Joints. The joint shall be edged with a suitable edging tool and sealed in accordance with CDOT Section 412.18 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 as shown on the plans, as specified in these specifications, and as directed by the Engineer. WEST ELIZABETH STREETSCAPE March 24, 2004 CITY OF FORT COLLINS PROJECT 30522000 REVISION OF SECTION 608 DETECTABLE WARNINGS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall included the following: This work includes the installation of detectable warnings on concrete curb ramps at the locations shown in the plans and in accordance with the plans. Subsection 608.02 shall include the following: Detectable warnings on curb ramps shall be truncated domes of the dimensions shown in the plans. Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers. Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes as shown in the plans. Pavers shall meet the requirements of ASTM C 902 or ASTM C 936, Alternate materials may be used, if pre -approved by the Engineer. The Contractor shall submit a sample of the product, the name of the selected supplier, and documentation that the product meets all contrast requirements and will be fully compatible with the curb ramp surface to the Engineer for approval prior to start of work. Known vendors of alternate products include but are not limited to the following: Vendor Name Product Phone Numbers Detectable Warning Systems, Inc. Detectable Warning Mat 866-999-7452 Disability Devices, Inc. Flexible mat 800-747-5651 714-437-9237 Armor -Tile Surface Engineered Plastics, Inc. Applied Detectable 800 682 2525 Warning Surface Tile TILCO Vanguard Individual domes 800-290-5700 360-668-5700 Barton Supply CAST in TACT Warning 303-944-2682 Panels 303-788-9888 The domes and the underlying surface shall have a minimum of 70% contrast with the light reflectivity of the adjoining surface. The contrast shall be verified using the following equation: Contrast = B` —B2 x 100 B, Where B, = Light Reflectance Value (LRV) of the lighter area B, = LRV of the darker area Absolute black and white will not be permitted. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 March 24, 2004 -2- REVISION OF SECTION 608 DETECTABLE WARNINGS The contrast shall be achieved by adding pigment during the fabrication of the paver. Prior to start of work, the Contractor shall submit appropriate documentation from the manufacturer verifying that the contrast has been met, along with a sample paver, to the Engineer for approval. Bedding and joint sand shall be free of deleterious or foreign matter. The sand shall be natural or manufactured from crushed rock. Limestone screenings or stone dust shall not be used. Sand for bedding material shall conform to ASTM C 33. Sand that is to be placed between joints shall conform to ASTM C 144. Subsection 608.03 shall include the following: (g) Detectable Warnings. Pre -fabricated pavers for detectable warnings shall be brought to the site in steel banded, plastic banded or plastic wrapped cubes capable of being transported by a fork lift or clamp lift. Pavers shall be carefully removed and stacked in a manner that results in the least amount of damage. All pavers that are damaged during transport or delivery will be rejected and shall be replaced at the Contractor's expense. Minor cracks or chipping due to transport and handling that do not interfere with the structural integrity of the paver or the overall pattern of truncated domes will not be deemed as grounds for rejection. The Contractor shall spread the bedding sand evenly in the area defined and shall screed the sand to an appropriate embedment depth as shown on the plans or as directed by the Engineer. Sufficient sand should be placed to stay ahead of laid pavers Pavers shall be placed in a running bond pattern. Domes shall be aligned to create a square grid in the predominant direction of travel as shown in the plans. Pavers shall be installed such that the base of the truncated dome is at the same elevation as the adjoining surface, allowing for a smooth transition between the curb ramp and the detectable warning. When cut pavers are required to fill gaps between the pavers and the edge of concrete, the Contractor shall bevel portions of the truncated domes at a 45-degree angle to create a smooth transition between the partial dome and the curb ramp surface. Unless otherwise directed by the Engineer, pavers shall be cut and installed in such a manner that the domes on the cut sections will not significantly impact the overall pattern of the truncated domes. The Contractor shall use a plate vibrator to embed the pavers into the sand. The size and type of plate vibrator shall be in accordance with manufacturer's recommendations, or as directed by the Engineer. All pavers that are damaged during embedment shall be replaced at the Contractor's expense. Joint spacing between paver units shall be in accordance with the manufacturer's recommendations, or as approved by the Engineer. Joints shall be filled completely with joint sand. Excess sand shall be removed by sweeping. (h) Alternate products. Alternate materials shall be installed in accordance with manufacturer's recommendations. If domes and mats are used, they shall be aligned to create a square grid in the predominant direction of travel as shown in the plans. In cases where individual domes are used, the existing concrete surface shall be treated to match the color and contrast requirements of the domes. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 -3- REVISION OF SECTION 608 DETECTABLE WARNINGS March 24, 2004 The concrete surface to which alternate materials are to be applied shall be prepared in accordance with manufacturer's recommendations. Material requirements, color and application shall be in accordance with manufacturer's recommendations and as approved by the Engineer. Subsection 608.05 shall include the following: Detectable warnings on curb ramps, including sand, pavers, alternate materials, and all other work and materials necessary for fabrication, transport, and installation will not be measured and paid for separately, but shall be included in the work. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS 30522000 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Section 614 of the Standard Specifications is hereby revised as follows: Subsection 614,15 shall be revised as follows: March 31, 2004 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", and the Larimer County Urban Area Street Standards. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Payment shall be made for the maximum number of each type of traffic control device being used at one given time per day. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed 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 the Engineer by 8:00 a.m., 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 8:00 a.m.) Full road closure plans shall be submitted no later than Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractors forfeiture ofpayment for all work and materials at that location, with no adjusnment in the contract time. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS 30522000 March 31, 2004 All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. 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 construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type 11, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in effect. Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to be made. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Parking Restriction Plans shall be submitted and approved which show the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared on City supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 8:00 a.m., 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 8:00 a.m.) All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The cost for preparing and submitting the traffic control plan shall be included in the contract unit price for Traffic Control Supervisor. 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. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. The Head TCS shall be on site at all times during the construction when payment is made under the contract unit price for Traffic Control Supervisor per day. When the TCS is being paid under the TCS per hour item, time spent on site may be modified by the City Representative, as needed, based on the size and complexity of the project, location of work, duration of the project, traffic factors, weather, and roadway characteristics. The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS 30522000 March 31, 2004 pay unit for TCS. It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement. The Head TCS will not be paid for separately but shall be included in the cost of the Traffic Control (LS) item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. City of Fort Collins fees for each plan submitted $35, re -submittal $10. (Review fees will not be measured or paid for separately, but shall be considered incidental to the Work.) (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. Typed hand delivered notification to all businesses and residents at least 24 hours prior to construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the City's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. (Note: The time frame criteria for distributing letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters will not be paid for separately but shall be included in the cost of the Traffic Control (LS) item. 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 their 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. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control Supervisor. WEST ELIZABETH BIKE LANES FEDERAL AID PROJECT AQC M455-060 PROJECT CODE 14076 February 26,2004 The TCS(s) will not be measured and paid for separately but shall be included with the cost of the item" Traffic Control" Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in the unit prices for the equipment. Time spent setting up equipment, modifying equipment, maintaining equipment, and picking up equipment shall be included in the unit prices for "Traffic Control". 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 construction, available at all times. Subsection 614.23 shall be revised as follows: All Construction Traffic Control items including flagging, signs, barricades, drums, cones, Traffic Control Supervisor, and preparation of Traffic Control plans and Methods of Handling Traffic will not be measures separately but shall be included in the cost of the item "Construction Traffic Control". Subsection 614.24 shall be revised as follows: Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of all construction traffic control devices necessary to complete the work. All construction traffic control devices, which are not permanently incorporated into the project, will remain the property of the Contractor. Pay Item Unit 614 Construction Traffic Control Lump Sum Faaggers and 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. SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE WEST ELIZABETH BIKE LANES FEDERAL AID PROJECT AQC M455-060 PROJECT CODE 14076 ENGINEER IN WRITING. February 26,2004 NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED ABOVE, WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. WEST ELIZABETH BIKE LANES CITY OF FORT COLLINS PROJECT NO. 30522000 REVISION OF SECTION 614 AND 630 RETROREFLECTIVE SIGN SHEETING Sections 614 and 630 of the Standard Specifications are hereby revised for this project as follows: March 24, 2004 In subsection 614.04, first paragraph, delete the second sentence and replace with the following: Retroreflective sheeting shall be type III and shall conform to subsection 713.04 and 713.06 when applicable. In subsection 614.07, first paragraph, delete the second sentence and replace with the following: Retroreflective sheeting shall be type III and shall conform to subsection 713.04. In subsection 630.02, delete the third paragraph and replace with the following: Retroreflective sheeting shall be one of the types specified for the particular application in Table 630-1. Table 630-1 Sheeting Type III Type VI Fluorescent r Application Work Zone Work Zone Work Zone All Orange Construction Signs X (Including Roll -up Signs) Barricades (Temporary) X Vertical Panels X Flaggers Stop/Slow (May include flashing light approved under SHRP product # 3016) X Drums'' X Non orange Fixed support signs with prefix "W" X X Special warning signs X X STOP sign (R 1-1) YIELD sign (R1-2) WRONG WAY sign (R5-la) DO NOT ENTER sign (115-1) EXIT sign (E5-1 a) X DETOUR sign (M4-9) or (M4-10) X All other fixed support signs X All other signs which use is limited to working hours only X X X Fluorescent sheeting shall be of a type that is on the Colorado Approved Products List. 2 Drum sheeting shall be manufactured for flexible devices. 3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted on barricades, or in accordance with height and lateral clearances shown on Standard Plan S-614-1, "Typical Ground Sign Placement", unless otherwise approved. City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 1 BID #5851 BID 35851 WEST ELIZABETH STREETSCAPE IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5851 West Elizabeth Streetscape Improvements OPENING DATE: April 28, 2004, 3:00p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. 1. Delete item 514, Fencing/Pedestrian Railing. 2. Add new item number 514 Ornamental Metal Fence on Concrete Wall, 58 LF. 3. Delete detail 6 on page 28 of the plan set and replace with detail 6/28 Concrete Retaining Wall, attached. 4. Add item No. 514 Ornamental Metal Fence with Mow Strip, 85 LF. 5. Add Detail No. 6.2/28 Ornamental Metal Fence with Mow Strip, attached, to the plan set. 6. Contractor must use revised bid schedule, attached. If you have any questions please contact John Stephen, CPPO, Senior Buyer, at 970-221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. _ 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. _ 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 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 12/03 Section 00100 Page 6 WEST ELIZABETH BIKE LANES March 31, 2004 CITY OF FORT COLLINS PROJECT 30522000 ADDITION OF SECTION 631 SITE FURNISHINGS The Standard Specifications is hereby revised for this project to add the following Section 631: DESCRIPTION 631.01 This work consists of the provision and installation of site benches and tree grates in conformance with these specifications and in conformity with the lines and grades shown on the plans. This work consists of the construction of ornamental tubular metal fence in conformance with these specifications and in conformity with the lines and grades shown on the plans. MATERIALS 631.02 All site furnishings materials shall be new and of recognized standard quality. All materials shall be of a standard line from a name brand manufacturer as designated, or must be approved as equal. 631.03 Benches. Bench Type I shall be Wabash Valley Welded Wire Courtyard Bench, Model #CY400W available from Wabash Valley Manufacturing 1-800-253-8619 or approved equal. Bench color to be determined. Mounting type shall be surface mount. Contractor shall submit color swatches on finish metal for benches. 631.04 Tree Grates. Tree grates shall be Ironsmith Starburst model #M6020-2 60" square cast iron tree grates with light wells and with support frame. Contact Information: Ironsmith, 1-800- 338-4766. CONSTRUCTION REQUIREMENTS 631.05 Workmanship, fabrication and shop connections shall be in accordance with AWS and AISC specifications. Welding shall be done by welder(s) certified for AWS, D.1 structural welding requirements. Installation shall be in accordance with the plans and details and with the manufacturer's recommendations. Site Furnishings shall be installed in the locations and quantities shown on the plan and details. Where applicable, the Owner's Representative shall approve the site furnishing locations prior to fastening in place. Use templates, provided by the manufacturer, to properly position mounting bolts. METHOD OF MEASUREMENT 631.06 Benches and tree grates will be measured by the actual number used. BASIS OF PAYMENT 631.07 The accepted quantities of site furnishings will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule: WEST ELIZABETH BIKE LANES CITY OF FORT COLLINS PROJECT 30522000 March 31. 2004 Payment will be made under: Pay Item Pay Unit Bench Seating Each Full Tree Grate w/ Frame Each Tree Grate w/ Frame Each WEST ELIZABETH BIKE LANES March 31, 2004 CITY OF FORT COLLINS PROJECT 30522000 REVISION OF SECTION 710 FENCES AND GUARDRAIL Section 710 of the Standard Specifications is hereby revised for this project as follows: Add subsection 7 10. 10 as follows: 710.10 Ornamental Metal Fencing Sheet steel for prefabricated tubular metal fencing shall conform to the requirements of ASTM A526 Steel Sheet Zinc -Coated (Galvanized by the Hot Dip Process) and ASTM B 117 Salt Spray Testing as specified. WEST ELIZABETH STREETSCAPE CITY OF FORT COLLINS PROJECT 30522000 PART 4 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS WEST ELIZABETH STREETSCAPE IMPROVEMENTS STANDARD SPECIAL PROVISIONS March 31, 2004 Date No. of Pages Revision of Section 101-Holidays (May 31, 2001) Revision of Sections 101 and 105 — Duties of the Engineer (Nov. 5, 1999) 1 Revision of Sections 101 and 108 —Workplace Violence (March 15, 2002) 1 Revision of Section 105 — Conformity with Plans and Specifications (Oct. 14, 2003) z Revision of Sections 105 and 618 — Contractor Submittals (June 6, 2002) 1 Revisions of Sections 106 and 620 — Qualification of Testing Personnel and Laboratories (Oct. 4, 2001) 1 Revision of Sections 107 and 412 — Concrete Washout Containment (March 11, 2004) 1 Revision of Section 108 — Project Schedule (March 4, 2002) Revision of Section 108 — Subletting of Contract (Sept. 6, 2002) 1 Revision of Section 109-Adjustments for Changes in Common Carrier Rates (May 31, 2001) 1 Revision of Section 109 — Measurement of Quantities (July 21, 1999) 1 Revision of Section 109 — Partial Payments (Oct. 5, 2000) 2 Revision of Section 209-Dust Palliatives (May 31, 2001) 1 Revision of Section 401 — Composition of Mixtures (Oct. 22, 2003) 4 Revision of Section 401 — Plant Mix Pavements - General (Oct. 14, 2003) 3 Revision of Section 401 — Weather Limitations and Placement Temperatures (March 4, 2002) 2 Revision of Section 601 — Structural Concrete (June 13, 2003) 13 Revision of Section 630 — Construction Zone Traffic Control (Nov. 30, 2000) 4 Revision of Section 630 — Method of Handling Traffic (Oct. 14, 2003) 1 Revision of Section 630 — NCHRP 350 Requirements (Sept. 26, 2000) 1 Revision of Section 701 — Hydraulic Cement (March 6, 2003) 2 Revision of Section 702 — Asphalt Emulsions (Oct. 14, 2003) 3 Revision of Section 702 — SuperPave PG Binders (Jan. 16, 2004) 1 Revision of Section 703 — Aggregate for Plant Mix Pavements (Oct. 14, 2003) 2 Revision of Section 703 — Concrete Aggregates (March 6, 2003) 1 Affirmative Action Requirements — Equal Employment Opportunity (July 21, 1999) 10 Special Notice to Contractors (Jan. 17, 2003) 4 May 31, 2001 REVISION OF SECTION 101 HOLIDAYS Section 101 of the Standard Specifications is hereby revised for this project as follows: Subsection 101.32, first paragraph, shall include the following: Cesar Chavez Day In subsection 101.32, delete the second paragraph and replace with the following: When New Year's Day, Cesar Chavez Day, Independence Day, or Christmas Day falls on a Sunday, the following Monday shall be considered a holiday. When one of these days falls on a Saturday, the preceding Friday shall be considered a holiday. REVISION OF SECTIONS 101 AND 105 November 5, 1999 DUTIES OF THE ENGINEER Sections 101 and 105 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 101.47 and replace with the following: 101.47 Project Engineer. The Chief Engineer's duly authorized representative who may be a CDOT employee or an employee of a consulting engineer (consultant) under contract to CDOT as defined below: (a) CDOT Project Engineer. The CDOT employee, assigned by the Resident Engineer, who is the Chief Engineer's duly authorized representative. The CDOT Project Engineer is in direct charge of the work and is responsible for the administration and satisfactory completion of the project under contract. (b) Consultant Project Engineer. The consultant employee under the responsible charge of the consultant's Professional Engineer who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project. The Consultant Project Engineer's duties are delegated by the CDOT Resident Engineer in accordance with the scope of work in the consultant's contract with CDOT. The Consultant Project Engineer is not authorized to -sign or approve Contract Modification Orders. Add Subsection 101.85 as follows: 101.85 CDOT Resident Engineer. The Resident Engineer is directly responsible for the overall administration of assigned construction projects. Unless the CDOT Project Engineer is a Professional Engineer, the Resident Engineer, is CDOT's full time engineer in responsible charge of the project. The Resident Engineer will delegate authority to Project Engineers consistent with their experience and abilities. Only a CDOT Resident Engineer can approve and sign vouchers for interim and final Contractor pay estimates. Only a CDOT Resident Engineer can authorize and sign changes to the Contract if the Project Engineer is a Consultant Employee. Delete subsection 105.09 and replace with the following: 105.09 Authority and Duties of the Project Engineer. The Project Engineer has immediate charge of the administration and engineering details of each construction project. The Project Engineer has the authority to exercise all duties and responsibilities of the Engineer contained in the Contract, except those specifically retained by the Chief Engineer. The CDOT Project Engineer and the CDOT Resident Engineer are the only representatives of the Chief Engineer authorized to sign Contract Modification Orders. The Project Engineer is responsible for initial decisions relating to Contractor claims for additional compensation or extension of contract time filed pursuant to subsection 105.17. March 15, 2002 REVISION OF SECTIONS 101 AND 108 WORKPLACE VIOLENCE Sections 101 and 108 of the Standard Specifications are hereby revised for this project as follows: Add subsection 101.86 as follows: 101.86 Workplace Violence. Workplace violence is conduct in the workplace against employees, employers, or outsiders committed by persons who either have an employment related connection with CDOT, or is a contractor working on a CDOT project. This conduct includes: (1) Physical acts against persons or their property, or against CDOT or Contractor property that are perceived to be harmful or threatening. (2) Veiled or direct verbal threats, profanity, or vicious statements or gestures that are meant to harm or create a threatening or intimidating work environment. (3) Written threats, profanity, vicious cartoons or notes that are meant to create a threatening or intimidating environment (4) Any other acts that are perceived to be threatening or intended to injure or convey hostility. Add subsection 108.051, immediately following subsection 108.05, as follows: Any representative or employee of the Contractor, or any subcontractor, who commits an act of workplace violence on the project shall be sanctioned as provided by the Contractor's employment policies and, where appropriate, shall be reported to law enforcement authorities. At the request of either the Contractor or the Engineer, the Engineer and the Contractor shall meet to discuss appropriate actions to be taken against the representative or employee. Appropriate action may include removing the representative or employee from the project. If removal is warranted and the Contractor fails to remove the representative or employee, the Engineer may suspend the work by written notice until compliance is achieved. October 14, 2003 1 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS Section 105 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 105.03 and replace with the following: 105.03 Conformity with Plans and Specifications. All work performed and all materials furnished shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown in the Contract. For those items of work where working tolerances are not specified, the Contractor shall perform the work in a manner consistent with reasonable and customary manufacturing and construction practices. When the Engineer finds that the materials furnished, the work performed, or the finished prot does not uc conform with the Contract but that reasonably acceptable work has been produced, the Enginlberuc will determine the extent the work will be accepted and remain in place. If accepted the Engineer will (1) document the basis for acceptance by Contract Modification Order which will provide for an appropriate reduction in the Contract price for such work or materials not otherwise provided for in this subsection or (2) notify the Contractor in writing that the Contract unit price will be reduced in accordance with this subsection when P is 25 or less, or (3) in lieu of a price reduction, permit correction or replacement of the finished product provided the correction or replacement does not adversely affect the work. When the Engineer finds the materials furnished, work performed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. If asphalt cement testing demonstrates that asphalt cement was acid modified or alkaline modified, the supplier will be automatically decertified. In addition, all material placed containing the acid modified or alkaline modified asphalt cement shall be removed and replaced with specification material at no cost to the department. Materials will be sampled and tested by the Department in accordance with the sampling and testing schedules and procedures contained in the Department's Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in the schedules. An additional number of samples in relation to the quantity of material represented may be selected and tested at the Engineer's discretion. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant material changes, or other unusual characteristics of the work. Tests that are determined to have sampling or testing errors will not be used. Materials or work will be evaluated for price reduction only when deviations from specifications occur on any of the several individual tests for the lot. The several individual test values will be averaged and the percent of price reduction for the lot will be determined by applicable formula. The formula in (a) and (b) below will be used only when the lot is represented by three to seven tests inclusive. (a) The formula, P = (Xn + aR- Tu)F., will be used if a maximum limit only is specified or; when the average of the several test values is above the mid point of the specification band or above the job -mix formula value. (b) The formula, P = (TL + aR- Xn)F. will be used if a minimum limit only is specified or; when the average of the October 14, 2003 2 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS several test values is below the mid point of the specification band or below the job -mix formula value. (c) When the lot is represented by fewer than three tests, the materials will be evaluated for price reduction by the following procedure: Lots represented by two tests will be divided into two separate lots represented by one test each, as determined by the Engineer. Each lot which deviates from the specifications will be price reduced by one of the following formulae. When a maximum limit only is specified or the test value is above the maximum specified limit, the formula P = 0.76. (To-Tu)F will be used. When a minimum limit only is specified or the test value is below the minimum specified limit, the formula P = 0.76(TL-To)F will be used. When a lot is represented by one test only, the materials will be evaluated for price reduction as described in this paragraph. Where: "P" is the percent of reduction in contract price, "Xn" is the average of the several test values from samples taken from the lot, with "n" indicating the number of values, "a" is a variable factor to be used in "n" changes according to the following: when n is 3, a = 0.45; n is 4, a = 0.38; n is 5, a = 0.33; n is 6, a = 0.30; and n is 7, a = 0.28. "R" is the difference between the highest and lowest values in the group of several test results from the lot, "Tu" is the upper or maximum tolerance limit permitted by the specifications, "TL" is the lower or minimum tolerance limit permitted by the specifications, and "To" is the test value of the test which deviates from the specifications, "F" is price reduction factor to be applied for each element as shown in the following table: TABLE OF PRICE REDUCTION FACTORS Element....................................................................................................:.......................Factor ..F„ 100 percent size sieve....................................................................................................:................ 1 12.5 mm (1/2") sieve and larger ............................. ........... ...........................................................�... 1 150 i6m (No. 100) sieve to 9.5 mm (3/8") sieve inclusive (except 100 percent size sieve)........................................................................................ 3 75 i6m (No. 200) sieve.................................................................................................................... 6 75 g6m (No. 200) sieve (cover coat material)................................................................................ 25 Compaction, bituminous mixtures (Sections 301 and 403)............................................................. 7 LiquidLimit....................................................................................................................................... 3 PlasticityIndex............................................................................................................................... 10 Asphalt content, (all asphalt- aggregate mixtures)........................................................................ 20 Asphaltpenetration.......................................................................................................................... 1 Asphaltresidue................................................................................................................................ 3 Portland Cement Concrete Pavement Fine Aggregate Sand Equivalent ..................................... 0.3 HydratedLime Gradation.............................................................................................. 0.3 Toughness, inch -pounds, minimum................................................................................ 0.8 Tenacity, inch -pounds, minimum.................................................................................... 0.8 Elastic Recovery, 25°C, percent minimum..................................................................... 1.25 Ductility, 40C (5cm/min) cm, minimum........................................................................... 1.25 If P is less than 3, or a negative quantity, the material will be accepted as being in conformity. In cases where one or more elements show a positive P value, such positive values will be added and the resulting sum will be used to determine whether the material is in conformity. If the total P value is between 3 and 25, the Engineer may October 14, 2003 3 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS require correction or may accept the material at a reduced price. If P is greater than 25, the Engineer may: (1) require complete removal and replacement with specification material at no additional cost to the Department; (2) require corrective action to bring the material into conformity at no additional cost to the Department; or (3) where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place with an appropriate price reduction to be based on engineering evaluation but not to be less than that which would have occurred had a reduction been made where P = 25. If the P for aggregate gradation for Items 206 or 304 is 3 or greater the reduction will apply to the contract price multiplied by the Multipliers (M) listed in the following table. Multiplier for Price Reductions for Miscellaneous Items Item Number -Name Element Multiplier M 206- Structural Backfill Gradation 0.60 304-A re ate Base Course Gradation I0.60 If the P for gradation, asphalt cement content, or compaction for Items 301 or 403 is 3 or greater and asphalt cement is not paid for separately, the reduction will apply to the contract price multiplied by the following Multiplier (M) listed in the following table: Multiplier for HBP Price Reductions Where Asphalt Cement is not Paid for Separately Item Number -Name Element Multiplier M 301-Plant Mixed Bituminous Base Gradation, Asphalt Cement Content, or Compaction 0.60 403-Stone Mastic Asphalt 0.60 403-Hot Bituminous Pavement' Hydrated Lime Gradation 0.60 i i� � vaiuC wi i tyuiaieu erne snap be appuea to the price of the HBH item. Lime gradation P values will not be combined with Pay Factors for other elements The following equation shows how the Multiplier is used to determine the price reduction. Price reduction = (P/100) X Multiplier X Price per Unit X Quantity. If no multiplier is listed no adjustment to the computed P is required. This is equivalent to a multiplier of one. Price reduction for those elements which are not included in the Table of Price Reduction Factors will be determined by the Engineer. Superpave Performance Graded Binders. Superpave Performance Graded binders shall be price reduced according to the following if the requirements of subsection 702.01 are not met: (1) High Service Temperature Requirements from Table 702-3 The Dynamic Shear (G'/sinb, kPa) of Rolling Thin Film Oven (RTFO) residue will be measured at the appropriate temperature for the binder type, as specified in Table 702-3. If the Dynamic Shear of the RTFO aged binder is less than 2.20 kPA , the temperature at which G`/sinb = 2.20 kPa will be determined. A ❑P❑ of 3 shall be applied for each degree C the material temperature must be lowered below the specified and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt 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. 12/03 Section 00100 Page 7 October 14, 2003 4 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS temperature to achieve a Dynamic shear of 2.20 kPa. Price adjustments for high service temperature properties will be calculated as follows: P(high)= 3 & [Tspec - Tos] Where Tps = Temperature in °C where G'/sin = 2.20 kPa Tspec Appropriate test temperature in °C for binder specified from Table 702-2 (2) Low Service Temperature Requirements from Table 702-2: The m-value of Pressure Aging Vessel (PAV) aged binder will be measured at the appropriate temperature (TspeC) as specified in Table 702-2. If the m-value is less than 0.300, the test temperature at which the m- value = 0.300 will be determined. A "P" of 3 shall be applied for each degree C the material temperature must be raised above the specified test temperature to achieve an m-value of 0.300. Price adjustments for low service temperature properties will be calculated as follows: P(low) = 3 & [Tm - Tspec] Where Tm = Temperature in °C where m-value = 0.300 Tspec= Appropriate test temperature in °C for binder specified from Table 702-2 (3) The price reductions will be cumulative. When the binder is included in the contract unit price for HBP, the total price reduction will be calculated as follows: P(total) = P(low)+P(high) Amount of Reduction = [P(total)] & [(1/100) & (Invoice price for PG Binder)] When binder is paid for separately, the total price reduction will be calculated as follows: P(total) = P(low)+P(high) Amount of Reduction = [P(total)] & [(1/100) & (Contract Unit price for PG Binder)] (4) Price reductions based on the "F" factors in the Table of Price Reduction Factors will be added to the P (low) and P (high) price reductions described in 105.03. Other binder requirements listed in Table 702-2 will be tested, but will not be considered for price reduction calculations. However, the Contractor shall not be allowed to continue to produce mix with out of specification Superpave PG asphalt binder. If two consecutive samples fail to meet all requirements listed in 702-2, the Contractor shall take corrective action before being allowed to continue production of Hot Bituminous Pavement. If proper corrective measures cannot be readily determined, the Engineer will suspend the use of such material until the Engineer can determine from Laboratory tests that the Contractor can provide material that is in compliance with Table 702-2. The Contractor will not have the option of accepting a price reduction in lieu of producing specification material. Continued production of non -specification material will not be permitted. Material which is obviously defective may be isolated and rejected without regard to sampling sequence or location within a lot. June 6, 2002 REVISION OF SECTIONS 105 AND 618 CONTRACTOR SUBMITTALS Sections 105 and 618 of the Standard Specifications are hereby revised for this project as follows: In subsection 105.02, delete Table 105-1 and replace with the following: TABLE 105-1 SUMMARY CIF MKITRArTr-M ci iQnnrrrni c SECTION NO. DESCRIPTION TYPE CONTRACTOR P.E. SEAL REQUIRED? 504 MSE Walls (Contractor Alternative) Shop Drawing Yes 504 MSE Walls (Default Design) Shop Drawing No 508 Timber Structures Shop Drawing No 509 Steel Structures Shop Drawing No 512 Bearing Devices Type II Shop Drawing No 512 Bearing Devices Type III Shop Drawing Yes 514 Pedestrian and Bikeway Railing Working Drawing No 518 Expansion Devices: 0-100 mm (0-4") Working Drawing No 518 Expansion Devices: 0-150, 225, 300... mm (0-6 99", 12"...) Shop Drawing Yes 601 & 618 Precast Panel Deck Forms Working Drawing No 601 Permanent Steel Bridge Deck Forms Working Drawing Yes 601 Falsework Working Drawing Yes 602 Reinforcing Steel Working Drawing No 606 Bridge Railing Working Drawing No 607 Sound Barriers (Alternative) Shop Drawing Yes 607 Sound Barriers (Default Design) Working Drawing No 613 Light Standards (Low Mast) Working Drawing Yes 613 Light Standards (High Mast) Working Drawing Yes 614 Overhead Sign Structures Shop Drawing Yes* 614 Traffic Signal Pole (Mast Arm) Shop Drawing No 614 Traffic Signal Pedestal Pole Working Drawing No 614 Traffic Signal Equipment Working Drawing No 618 Prestressed Concrete (Pre -tensioned) Shop Drawing Yes* 618 Prestressed Concrete (Post -tensioned) Shop Drawing Yes* 628 Pre -fabricated Pedestrian Bridges Shop Drawing Yes *A PE seal is required where the Contractor has provided the design for the item, or performed engineering to modify the details shown on the plans. The PE seal is not required where complete details are provided on the plans. Subsection 618.04 (a) shall include the following: Minor changes to design details or engineering drawings that do not represent a significant change to the original design will not require a Professional Engineer seal. The Contractor shall submit supporting calculations for these changes along with the shop drawings. REVISION OF SECTIONS 106 AND 620 October 4, 2001 QUALIFICATION OF TESTING PERSONNEL AND LABORATORIES Sections 106 and 620 of the Standard Specifications are hereby revised for this project as follows: Add subsection 106.031, immediately following subsection 106.03, as follows: 106.031 Qualification of Testing Personnel and Laboratories. Personnel performing tests used in mix design or the acceptance I rejection I price adjustment decision, and the laboratories in which those tests are performed, shall be qualified in accordance with Colorado Procedure 10. Subsections 620.03 and 620.04 shall include the following: Each laboratory shall be qualified in accordance with Colorado Procedure 10. March 11, 2004 REVISION OF SECTIONS 107 AND 412 CONCRETE WASTEWATER CONTAINMENT Sections 107 and 412 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 107.25(a) 3 and replace with the following: 3. State Waters. Based on 25-8-103 (19) CRS, state waters are defined to be any and all surface and subsurface waters which are contained in or flow through the state, including, streams, rivers, lakes, drainage ditches, storm drains, ground water, and wetlands, but not including waters in sewage systems, waters in treatment works or disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed. Subsection 107.25(b)11 shall include the following: Removal of concrete waste and washout water from mixer trucks, concrete finishing tools, concrete saw and all concrete material removed in the course of construction operations or cleaning shall be performed in a manner that prevents waste material from entering state waters. A minimum of 10 days prior to the start of concrete operations, the Contractor shall submit in writing a method for containing concrete wastewater to the Engineer for approval. Subsection 412.07(c) shall include the following: Wastewater generated from concrete saw operations shall be contained and disposed of in accordance with subsection 107.25, Subsection 412.12 shall include the following: Wastewater generated from concrete finishing operations shall be contained and disposed of in accordance with subsections 107.25. March 4, 2002 -1- REVISION OF SECTION 108 PROJECT SCHEDULE Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.03, first paragraph, delete the last two sentences and replace with the following: A CPM schedule will be required unless the Commencement and Completion of work special provision allows a bar chart schedule. The Schedule shall show all work completed within the contract time. In subsection 108.03, the second paragraph shall include the following: For CPM schedules, all required schedules and reports shall also be submitted electronically on 3`/-inch floppy disk or compact disk. In subsection 108.03, third paragraph, delete the first sentence and replace with the following: The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. Subsection 108.03(c), shall include the following: The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage the Critical Path Method Schedule. The Contractor shall notify the Project Engineer in writing, when submitting the first schedule which software, will be used. This choice cannot be changed after the first schedule submittal. When the Contractor uses Primavera -scheduling software, the Engineer may request an additional electronic copy of all required schedules and reports converted to the Microsoft Project format on 3Y2-inch floppy disk or compact disk, for information only. This additional information shall be submitted with all schedule submittals and updates. The Contractor shall perform all work required to ensure that the Microsoft schedule accurately reflects the planned schedule and progress. In subsection 108.03(c), after the fourth paragraph, delete items (1), (2), and (3) and replace with the following: (1) Initial Schedule. The Initial Schedule shall include all necessary detail for procurement, construction and submittal activities required during the first 90 days of contract time. In addition, the Initial Schedule shall include a very basic group of activities that describes the time period after the 90th day of contract time and through the completion of the project. Only salient features and other significant activities will be required for the period after the first 90 days of contract time. The 15-calendar day activity duration limit will not apply to the portion of the Initial Schedule beyond the first 90 days of contract time. This submittal shall include a Time Scaled Logic Diagram. (2) Project Schedule. The Project Schedule submittal shall consist of a Time Scaled Logic Diagram Schedule Report. It shall be prepared in full and submitted to the Engineer within 45 calendar days after the Engineer's acceptance of the Initial Schedule. The Engineer's review of the Project Schedule will not exceed 7 calendar days. Revisions required as a result of the Engineer's review shall be submitted within 7 calendar days. Work shall not continue beyond 90 calendar days after the start of Contract Time until the Project Schedule is accepted in writing, unless otherwise approved by the Engineer. The Project Schedule shall cover the time from the Date of Notice to Proceed to the predicted completion date. The Schedule Report shall tabulate for each activity the activity ID, description, duration, earliest start and finish date, latest start and finish date, total float time, predecessor and successor activities, and responsibility. (3) Schedule Updates. The Contractor shall update the Initial Schedule or the Project Schedule monthly to reflect actual construction progress of all work activities on the project. Updates shall show the previous month's progress and a projection for all remaining work activities on the project. Schedules shall be updated as of the cutoff date for the monthly progress pay estimate and submitted to the Engineer before the payment of the progress pay estimate is approved. March 4, 2002 -2- REVISION OF SECTION 108 PROJECT SCHEDULE Each of the diagrams, charts, and reports shall comply with the requirements for the Project Schedule above, except that they shall also include the actual completion dates and percentages of completion for the appropriate activities. A Job Progress Narrative Report shall be submitted with all updates. It shall detail the description of job progress, problem areas, current and anticipated delaying factors and their anticipated effects, impacts to job milestones or project completion, any corrective action proposed or taken, and any minor revisions to the Schedule. September 6, 2002 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.01, delete the second paragraph and replace with the following: The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the original total cost of bid items. Any items designated in the contract as "specialty items" may be peformed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the original total cost of bid items before computing the amount of work required to be performed by the Contractor's own organization. May 31, 2001 REVISION OF SECTION 109 ADJUSTMENTS FOR CHANGES IN COMMON CARRIER RATES Section 109 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 109.08. REVISION OF SECTION 109 July21, 1999 MEASUREMENT OF QUANTITIES Section 109 of the Standard specifications is hereby revised for this project as follows: In subsection 109.01, following paragraph 15, add the following: The Engineer will randomly verify the accuracy of the certified weigher on every project where the weights are manually entered on the scale ticket. This verification will consist of at least one comparison check on the project. Additional verification checks may be required as determined by the Engineer. The Engineer will randomly select a loaded truck after the truck has been issued a scale ticket by the certified weigher. The loaded truck will then be reweighed, in the presence of the Engineer, on the same scale and the weight compared with the weight on the scale ticket. Reweighed loads shall be within the tolerance of 100 (kg 200 pounds) plus or minus. The Engineer will also verify the accuracy of computerized scales. Computerized scales are scales that automatically print weights on the scale ticket. This verification will consist of at least one comparison check when the project requires more than 2500 metric tons (2500 tons) of material to be weighed. This comparison check shall be made by reweighing a loaded vehicle. The Contractor shall either provide a second certified scale or select a second certified scale in the vicinity to be used for the comparison check. Comparison checks shall be performed using the following procedures: (1) Hopper Scale. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be weighed on a certified platform scale to record the gross weight. The truck shall be unloaded and weighed again on the same scale to record the tare weight. The tare weight shall be subtracted from the gross weight and compared against the net weight recorded on the scale ticket. (2) Platform Scales. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be reweighed on a second certified scale and the gross weight shall be compared against the gross weight on the first scale ticket. Should a comparison check reveal a weight difference of more than one percent, a second comparison check shall be performed immediately. If the weight differences of both comparison checks exceed the one percent limit, the Contractor shall immediately stop weighing and the scale shall be recertified and resealed at the Contractor's expense. The necessary adjustments as indicated by the recertification will be made to all scale tickets issued since the last certification or on the entire project, whichever occurred later, unless the Contractor demonstrates to the satisfaction of the Engineer that the defect in the scale was present for a lesser period of time. If it is necessary to recertify a scale, and more than 2500 metric tons (2500 tons) of material remain to be weighed, another scale comparison check shall be made. All comparison checks shall be made at the Contractor's expense. October 5, 2000 I REVISION OF SECTION 109 PARTIAL PAYMENTS Section 109 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 109.06(a) and replace with the following: (a) Standard Amount Retained. The Department will make a deduction from the progress estimate in the amount considered necessary to protect the interests of the State, pursuant to Section 24-91-103, CRS. The amount to be retained will be 1.5 percent of the value of the completed work on items which are performed solely by the Contractor's own forces, exclusive of mobilization and payments for materials on hand. No retainage will be withheld from payment for completed work on items which are partially or completely subcontracted. No further amount will be retained if the Contractor makes satisfactory progress in the Contract work. The amount retained will be in effect until such time as final payment is made, with the following exception which requires the Contractor's written request and consent of the Surety: Upon completion and acceptance of the project, after the project quantities are finalized, and the Contractor has submitted all necessary forms the Department requires for project completion, the Engineer may make reduction in the amount retained. Subsection 109.06 shall include the following: (e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for 100 percent of all work which has been satisfactorily completed within seven calendar days after receiving payment for that work from the Department. For the purpose of this section only, work shall be considered satisfactorily complete when the Department has made payment for the work. A determination that all the subcontractor's work is satisfactorily complete and payment for 100 percent of the work does not relieve the Contractor or subcontractor from any contractual obligations. The Contractor shall not withhold retainage from payments to subcontractors or suppliers. The Contractor shall include in all subcontracts a provision that this requirement for prompt payment and prohibition of retainage from payments to subcontractors and suppliers must be included in all subcontracts at every tier. If the Contractor fails to comply with this provision the Engineer will not authorize further progress estimates until the required payments have been made and the Contractor agrees to make payments as specified. (f) Good Cause Exception. If the Contractor has "good cause" to delay or withhold a subcontractor's progress payment, the Contractor shall notify the Department and the subcontractor in writing within seven calendar days after receiving payment from the Department. The notification shall specify the amount being withheld and provide adequate justification for withholding the payment. The notice shall also clearly state what conditions the subcontractor must meet to receive payment. "Good cause" shall include but not be limited to the failure of the subcontractor to make timely submission of required paperwork Add subsection 109.11 which shall include the following 109.11 Compensation for an Overpayment for a Subcontracted Item on a Progress Estimate. If the Department makes an overpayment on a progress estimate for work which has been done by a subcontractor, and if the Contractor pays the subcontractor for this erroneous quantity and can not recover the amount of the overpayment, the Department may compensate the Contractor for the amount of the overpayment. Compensation will be made if the following conditions are met: (a) The Department has corrected the overpayment and reduced the amount paid to the Contractor. (b) All work by the subcontractor has been completed and the Contractor owes no money to the subcontractor when the overpayment is discovered. If money is owed at the time the overpayment is discovered, the Contractor shall deduct the amount of the overpayment before making final payment to the subcontractor. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.O 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 12/03 Section 00100 Page 8 October 5, 2000 2 REVISION OF SECTION 109 PARTIAL PAYMENTS (c) The Contractor has made all reasonable efforts to recover the overpayment amount and has been unsuccessful. The Contractor shall provide documentation detailing its efforts. After compensation by the Department for the overpayment, the Contractor shall return to the Department all of this overpayment subsequently recovered from the subcontractor. May 31, 2001 REVISION OF SECTION 209 DUST PALLIATIVES Section 209 of the Standard Special Provisions is hereby revised for this project as follows: In subsection 209.02, delete the second paragraph. In subsection 209.05, delete the second paragraph and replace with the following: Dust palliative shall consist of water. Application of water shall be done with acceptable sprinkling equipment at an appropriate rate as approved by the Engineer. In subsection 209.08, delete the third paragraph. October 22, 2003 1 REVISION OF SECTION 401 COMPOSITION OF MIXTURES Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.02(a), delete the first, second, and third paragraphs and replace with the following: (a) Mix Design. The Contractor shall submit the following to the Engineer: (1) A proposed plant mix pavement mix design prepared in accordance with Colorado Procedure 52, including a proposed job -mix gradation for each mixture required by the Contract which shall be wholly within the Master Range Table in Section 703 before the tolerances shown in Section 401 are applied. The weight of lime shall be included in the total weight of the material passing the 75 µm (No. 200) sieve. (2) The name of the refinery supplying the asphalt cement and the source of the anti -stripping additive. (3) A sufficient quantity of each aggregate for the Department to perform the tests specified in Section 2.2.1 of CP 52. October 22, 2003 2 REVISION OF SECTION 401 COMPOSITION OF MIXTURES Colorado Procedure 52-01 Standard Practice for Contractor Mix Design Approval Procedures 1.SCOPE 1.1 This method describes the procedures for mix design approval, the time required to perform the required tests, and the cost of the testing. 2. APPROVAL OF MIX DESIGNS 2.1 Mix Designs shall be performed in conformance with CP-L 5115, CP-L 5106, and CP-L 5109 as well as other specified Colorado, AASHTO, and ASTM procedures. Mix designs for S and SX mixes will be done using 4-inch molds. Mix designs for SG mixes will be done using 6-inch molds. A complete mix design will be required for all mixtures placed on the project. One -point mix design verification will not be accepted. 2.2 The Contractor must submit to the Engineer three copies of the mix design on CDOT Form #429, which contains all the information detailed in Section 3.2, and the aggregate samples, a minimum of 4 weeks prior to the anticipated paving start date. Pursuant to Section 12-25-102(10) of the Colorado Revised Statutes all mix designs shall be sealed by a registered Professional Engineer in the State of Colorado. The Engineer must approve the Contractor's proposed mix design before paving may proceed. (In Region 6, the Contractor must submit the mix design to the Region Materials Engineer for approval.) Form # 429 may be obtained through the RME or through the Flexible Pavement Unit of the Central Lab. 2.2.1 To verify the mix design, the aggregates to be used shall be sampled in accordance with CP 30, in the presence of the Engineer, and will be tested by the Concrete/Physical Properties Unit of the CDOT Central Laboratory. The aggregates shall be tested for: Aggregate Specific Gravity and Absorption, (AASHTO T 84 & T 85) and Plastic Index (AASHTO T 90), and if requested by the Region Materials Engineer, Los Angeles Abrasion (AASHTO T 96) or Micro Deval (CP-L 4211 Gradation D). Note: If the aggregate specific gravity of the contractor's mix design is not within 0.020 of the results from the CDOT Central Laboratory testing, the Contractor and CDOT Central Laboratory shall both recheck calculations, retest, and/or resample as needed until the resulting mix aggregate specific gravities agree to within 0.020. The contractor's aggregate specific gravity values will then be used to calculate the HBP mixture volumetric properties. After the Contractor develops the mix design he may use the aggregate test results from the CDOT Central Laboratory as listed in Section 2.2.1 for mix development. 2.3 If all tests conform to the specifications, a CDOT Form #43 (Job Mix Formula) will be executed. 2.4 All mix design properties must satisfy Table 403-1 from the Project Special Provisions. The CDOT Form #43 will establish construction targets for Asphalt Content and all mix properties at Air Voids up to 1.0% below the mix design optimum. 2.5 The Form # 43 shall be verified according to Section 106, (see Section 105 & 106 (Quality of Hot Bituminous Pavement) in the Project Standard Special Provisions, part 8(d) Mix Verification testing.) 3. Mix Design Requirements 3.1 Labs and personnel providing mix designs shall comply with the requirements listed in CP 10. 3.2 It is recommended that a complete mix design consisting of test results from three trial blends (in accordance with Superpave Mix Design SP-2) be conducted when the materials sources used in the mix design have not been verified on past CDOT projects. A complete mix design must contain all of the following: (1) For each aggregate stockpile: 3 October 22, 2003 REVISION OF SECTION 401 COMPOSITION OF MIXTURES A. Aggregate sources, B. Gradation, C. Atterberg limits, D. Apparent Specific gravity, Bulk Specific Gravity, E. Micro-Deval according to CPL 4211 F. Recycled asphalt pavement (RAP) (1) Percent asphalt (2) Aggregate Gradation (3) Effective Specific Gravity (in lieu of the RAP aggregate specific gravity) (2) Combined Aggregate Properties: A. Percentage of each aggregate used, B. Combined Aggregate Gradation (See #8 below), both before and after RAP use, C. Sand Equivalent, D. Fine Aggregate Bulk Specific Gravity, Coarse Aggregate Bulk Specific Gravity, F. Fine Aggregate Angularity, G. Combined Aggregate Bulk Specific Gravity, H. Fractured Faces, I. Los, Angeles Abrasion, J. Micro-Deval according to CPL 4211 K. Effective Specific Gravity. (3) Source and grade of asphalt cement from a CDOT Certified Binder Supplier. Use the actual specific gravity of the asphalt cement in calculations. (4) Name and percentage of each additive. (5) For each asphalt content tested: A. Voids in Mineral Aggregate (VMA) @ Ndes, B. Dust to Asphalt ratio, C. Percent Voids Filled with Asphalt (VFA) @ Ndes, D. Hveem Stability (@Ndes), E. Maximum Theoretical Specific Gravity, F. Bulk specific gravity @ N;n;, and Ndes, G. Air voids, Voids in Total Mix (VTM) @ N;n;, and Ndes- (6) Graphs of stability and air voids vs. asphalt content and VMA-VFA, Voids Filled with Asphalt, vs. Asphalt content. (7) Lottman and wet/dry tensile strength at optimum asphalt content. (8) A 0.45 power plot of the proposed combined aggregate gradation, with maximum density line, restricted zone and control points included. 4. CONTRACTOR CHECKS 4.1 If a contractor wishes to check a test result with CDOT, they should make arrangements with the Flexible Pavement Unit or Physical Properties Unit of the CDOT Staff Materials Laboratory, depending upon the properties (mix or aggregate) that are to be tested. The Unit will work one-on-one with the contractor, as time permits, to improve inter -lab agreement. The testing will not be a part of the mix design process. October 22, 2003 4 REVISION OF SECTION 401 COMPOSITION OF MIXTURES 5. COST OF MIX AGGREGATE TESTING 5.1 CDOT Staff Materials Laboratory will conduct one complete set of mix aggregate tests at no cost to the Contractor upon receipt of a completed mix design submittal from the Contractor. (See Section 2.2.1) The Contractor must pay $500 per aggregate for each subsequent set of mix aggregate tests performed by the CDOT Staff Materials Laboratory. The Project Engineer will document the additional tests performed and the appropriate charges will be passed through to the Contractor. 6. TIME REQUIRED FOR AGGREGATE TESTS 6.1 Reference the Laboratory Test Time table located in the Appendix of the Field Materials Manual. 7.RECORD 7.1 CDOT Form # 429 is used. It is available electronically from the Central Lab at 303-757-9724 or from the Region Materials Engineers. See Chapter 400 for an example and instructions on the use of this form. 1 October 14, 2003 REVISION OF SECTION 401 PLANT MIX PAVEMENTS — GENERAL Section 401 of the Standard Specifications is hereby revised for this project as follows In subsection 401.02(b), delete the eighth, ninth, and tenth paragraphs (last three paragraphs) and replace with the following: If one or more samples fail to meet the requirements of Table 401-2, material from the area represented by the failing sample will be evaluated as follows: If the area represented by the failing sample contains 2000 tons of the new pavement or less, then the result for the failing sample shall be considered a lot of one and will be evaluated according to the formulas and procedures in subsection 105.03. If the area represented by the failing sample contains more than 2000 tons of the new pavement, then the material from the area represented by the failing sample will be sampled and tested according to the following method: Pavement samples for possible moisture susceptibility testing will be taken at a minimum frequency of every 2000 tons throughout the project. The Engineer will observe the sampling, take possession of the samples, and retain these samples for possible testing. Sample size shall be a minimum of 9 kg (20 pounds). If a 10,000 ton sample fails then the four 2000 ton samples from the area represented by that failing 10,000 ton sample will be tested for moisture susceptibility. The 10,000 ton result and the four 2,000 ton result will be considered a lot of five and will be evaluated according to the formulas and procedures in subsection 105.03. If less than four retained samples are on hand because the 10,000 ton sample represents less than 8000 tons of hot bituminous pavement, the price adjustment will be based on the test results from the retained samples on hand plus the test result from the 10,000 ton sample. For the above evaluation the "F" factor used in calculating P factors shall be 2.5. The P value shall be applied to price of the HBP item. If asphalt cement is not paid for separately the price reduction shall be multiplied by 0.60. Lottman P values will not be combined with Pay Factors for other elements determined in accordance with QC/QA specifications. In subsection 401.14, delete (b) and replace with the following: (b) Dry Lime Added to Wet Aggregate. The dry hydrated lime shall be added to aggregate wetted a minimum of two percent above the surface saturated dry condition (SSD) of the blended aggregate as shown on the Form 43, and then thoroughly mixed in an approved pugmill. The Engineer will not require the Contractor to go above five percent total moisture, although the Contractor may elect to do so if the added water is necessary to meet the minimum Lottman specification. Subsection 401..14 shall include the following: In order to ensure the required lime and water quantities are introduced, lime and water feed for lime operation shall have control systems that change introduction rates in conjunction with changes in plant mix production. The control systems shall be documented in the Contractor's QC Plan. When a test for aggregate percent moisture falls below the required minimum, the Contractor will receive a warning. When two consecutive tests for aggregate percent moisture fall below the required minimum, a follow up test will immediately be performed. A failure on the follow up test will result in suspension of work. Production will remain suspended until the source of the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor and approved in writing by the Engineer before production may resume. In subsection 401.16, delete the last paragraph and replace with the following: If at any time, the Engineer observes segregated areas of pavement, he will notify the Contractor immediately After rolling, segregated areas will be delineated by the Engineer and evaluated as follows: 2 October 14, 2003 REVISION OF SECTION 401 PLANT MIX PAVEMENTS — GENERAL (1) The Engineer will delineate the segregated areas to be evaluated and inform the Contractor of the location and extent of these areas within two calendar days, excluding weekends and holidays, of placement. (2) In each segregated area or group of areas to be evaluated, the Contractor shall take five 10" cores at random locations designated by the Engineer. In accordance with CP 75, the Contractor shall also take five 10" cores at random locations designated by the Engineer in non -segregated pavement adjacent to the segregated area. These cores shall be within 30 feet of the boundary of the segregated area and in the newly placed pavement. The coring shall be in the presence of the Engineer and the Engineer will take immediate possession of the cores. The Contractor may take additional cores at the Contractors expense. (3) Gradation of the aggregate of the cores will be determined by CDOT in accordance with Colorado Procedure 46. (4) The core aggregate gradations from the segregated area will be compared to the core aggregate gradations of the corresponding non -segregated area. (5) Two key sieves of the core gradations from the segregated area will be compared to the core gradations from the corresponding non -segregated area to determine the difference. If differences for both key sieves exceed the allowable difference specified in the table below, the area is segregated. Table for Segregation Determination Mix Grading Key Sieves Allowable Difference, % SX #8, #4 9 S #8, #4 9 (6) Segregated areas in the top lift shall be removed and replaced, full lane width, at the Contractor's expense. The Engineer may approve a method equivalent to remove and replace that results in a non -segregated top lift. Segregated areas in lifts below the top lift, that are smaller than 50 square feet per 100 linear feet of lane width, will be corrected by the Contractor at the Contractor's expense in a manner acceptable to the Engineer. Segregated areas larger than 50 square feet per 100 linear feet of lane width in any lift shall be removed and replaced, full lane width, by the Contractor at the Contractor's expense. (7) If the area is determined to be segregated, the coring will be at the expense of the Contractor. If the area is determined to be non -segregated, the Engineer shall reimburse the Contractor $2,000 for obtaining the ten cores. Subsection 401.17 shall include the following The longitudinal joints shall be compacted to a target density of 92 percent of the maximum specific gravity. The tolerance shall be ± 4 percent. Maximum specific gravity will be that shown on the Form 43 for the asphalt mix used in construction of the joint. If two Form 43's apply to the joint material, the average of the maximum specific gravities shown on the Form 43's will be used. Density (percent relative compaction) will be determined in accordance with Colorado Procedure 44. The Contractor shall obtain one 6-inch diameter core at a random location within each longitudinal joint sampling section for determination of the joint density. The Contractor shall drill the cores at the location directed by the Engineer and in the presence of the Engineer. The Engineer will take possession of the cores for testing. The Contractor may take additional cores at the expense of the Contractor. Coring locations shall be centered on the line where the joint between the two adjacent lifts abut at the surface. Core holes shall be repaired by the Contractor using materials and methods approved by the Engineer. Payment will apply to the hot bituminous pavement on each side of the joint that forms the joint. If a lift of pavement has a joint constructed on both sides, payment for each of those joints will apply to one half of the pavement between the joints. October 14, 2003 3 REVISION OF SECTION 401 PLANT MIX PAVEMENTS — GENERAL Subsection 401.22 shall include the following: Coring for longitudinal joint density testing, core hole repair and associated expenses will not be paid for separately but shall be included in the work. Traffic control for this work will be paid for in accordance with the contract. March 4, 2002 1 REVISION OF SECTION 401 WEATHER LIMITATIONS AND PLACEMENT TEMPERATURES Section 401 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 401.07 and replace with the following: 401.07 Weather Limitations and Placement Temperatures. Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401-3 and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. Placement Compacted Layer Thickness in mm (inches) <38 (1 %) 38 (1'/2) - <75 (3) 75 (3) or more Table 401-3 iperature Limitations in °C Minimum Surface and Air Temperature °C (OF) Top Layers Below Layer Top Layer 15 (60) 10 10 (50) 5 (40) 7 (45) 2 (35) Note:Air temperature is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. If the temperature falls below the minimum air or surface temperatures, paving shall stop. The Contractor shall schedule the work so that no planed or recycled surface is left without resurfacing for more than 10 calendar days during the period specified in Table 401-3A, below. The Contractor shall immediately place a temporary hot bituminous pavement layer on any surface that has been planed or recycled and can not be resurfaced in accordance with the above temperature requirements within 10 calendar days after being planed or recycled. The minimum thickness of the temporary hot bituminous pavement layer shall be 50 mm (2 inches). The Contractor shall perform the quality control required to assure adequate quality of the hot bituminous pavement used in the temporary layer. All applicable pavement markings shall be applied to the temporary layer surface. The Contractor shall maintain the temporary layer for the entire period that it is open to traffic. Distress which affects the ride, safety, or serviceability of the temporary layer shall be immediately corrected to the satisfaction of the Engineer. The temporary hot bituminous pavement layer shall be removed when work resumes. Table No. 401-3A Periods Reauirina Overlav of TrPaterl Snrfarpa Location by Elevation Period During Which Planed or Recycled Surfaces Must be Overlaid within Ten Days All areas below and including 2100 m (7000 feet) October 1 to March 1 All areas above 2100 m (7000 feet) up to and including 2600 m (8500 feet) September 5 to April 1 All areas above 2600 m (8500 feet) August 20 to May 15 In Subsection 401.15, delete Table 401-4 and replace with the following: SECTION 00300 131wrol-orl March 4, 2002 2 REVISION OF SECTION 401 WEATHER LIMITATIONS AND PLACEMENT TEMPERATURES TABLE 401-4 Asphalt Grade Minimum Mix Discharge Temperature, °C OF)* Minimum Delivered Mix Temperature, °C (OF)" PG 58-28 135 (275) 113 (235) PG 64-22 143 (290) 113 (235) PG 76-28 160 (320) 138 (280) PG 64-28 160(320) 138(280) PG 58-34 149 (300) 138 (280) The maximum mix discharge temperature shall not exceed the minimum discharge temperature by more than 17 °C (30 OF) . ** Delivered mix temperature shall be measured behind the paver screed. In subsection 401.17, first paragraph, delete the last 2 sentences and replace with the following: When the mixture contains unmodified asphalt cement (PG 58-28 or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 85°C (185 °F), no further compaction effort will be permitted unless approved. If the mixture contains modified asphalt cement (PG 76-28 or PG 64-28) and the surface temperature falls below 110 °C (230 OF), no further compaction effort will be permitted unless approved. Subsection 401.22 shall include the following: All costs of the temporary hot bituminous pavement layer required according to subsection 401.07, maintenance and removal of the temporary pavement layer, temporary pavement marking, and traffic control will not be paid for separately, but shall be included in the work. June 13, 2003 1 REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 601.02 and replace with the following: 601.02 Classification. The classes of concrete shown in Table 601-1 shall be used when specified in the Contract. Table 601-1 Concrete Table Concrete Required Field Cement Content: Air Content: Water Cement Class Compressive Minimum or % Range Ratio: Maximum Strength Range (kg/m3) (Total) or Range (MPa B 25 (3000 psi) at 335 5-8 N/A 28 days 565 Ibs/ d3 BZ 30 (4000 psi) at 362 N/A N/A 28 days 610 Ibs/yd3 D 30 (4500 psi) at 365 to 392 5-8 0A4 28 days 615 to 660 Ibs/yd3 DT 30 (4500 psi) at 415 5-8 0.44 28 days 700 Ibs/ d3 E 30 (4200 psi) at 392 4-8 0.44 28 days 660 Ibs/yd3 H 30 (4500 psi) at 344 to 380 5-8 0.38 - 0.42 56 days (580 to 640 Ibs/yd3 HT 30 (4500 psi) at 344 to 380 5 — 8 0.38 - 0.42 56 days (580 to 640 Ibs/yd 3 P 30 (4200 psi) at 392 4-8 0.44 28 days 660 Ibs/yd3 S35 35 (5000 psi) at 365 to 427 5-8 0.42 28 days (615 to 720 Ibs/ d3 S40 40 (5800 psi) at 365 to 451 5 — 8 0.40 28 days (615 to 760 Ibs/yd3 S50 50 (7250 psi) at 365 to 475 5 — 8 0.38 28 days (615 to 800 Ibs/yd3 Class B concrete is an air entrained concrete for general use. Class D or H concrete may be substituted for Class B concrete. Additional requirements for Class B concrete are: Class B concrete shall have a nominal coarse aggregate size of 37.5 mm (1%2') or smaller, i.e., 100% passing the 50 mm (2") sieve and 90% to 100% passing the 37.5 mm (1%") sieve. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class BZ concrete is concrete for drilled piers. Additional requirements for class BZ concrete are: Entrained air is not required unless specified in the Contract. High range water reducers may be added at the job site to obtain desired slump and retardation. Slump shall be a minimum of 125 mm (5") and a maximum of 200 mm (8"). Class BZ caisson concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. June 13, 2003 2 REVISION OF SECTION 601 STRUCTURAL CONCRETE Class D concrete is a dense medium strength structural concrete. Class H may be substituted for Class D concrete. Additional requirements for Class D concrete are: An approved water reducing admixture shall be incorporated in the mix. Class D concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class D concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class DT concrete may be used for deck resurfacing and repairs. Class HT may be substituted for Class DT concrete. Additional requirements for Class DT concrete are: An approved water reducing admixture shall be incorporated in the mix. Class DT concrete shall contain a minimum of 50% AASHTO M 43 size No. 7 or No. 8 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class E concrete may be used for fast track pavements needing early strength in order to open a pavement to service soon after placement. Additional requirements for Class E concrete are: Type III cement may be used. Class E concrete shall contain a minimum of 55% AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all transverse joints are doweled, then Class E concrete shall contain a minimum of 55% AASHTO M 43 sizes No. 57, No. 67, No. 357, or No. 467 coarse aggregate. In addition to the compressive strength requirements in Table 601-1 and unless stated otherwise on the plans, Class E concrete shall achieve a field compressive strength of 17 MPa (2500 psi) within 12 hours. Laboratory trial mix for Class E concrete must produce an average 28 day flexural strength of at least 4482 kPa (650 psi). Approved fly ash may be substituted for portland cement up to a maximum of 30% Class F by weight. Class H concrete is used for bare concrete bridge decks that will not receive a waterproofing membrane. Additional requirements for Class H concrete are: An approved water reducing admixture shall be incorporated in the mix. Class H concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Class H concrete shall contain cementitious materials in the following ranges: 267 - 297 kg/m3 (450 - 500 Ibs/yd3) Type II portland cement, 53 - 74 kg/m3 (90 - 125 Ibs/yd3) flyash and 12 - 18 kg/m3 (20 - 30 Ibs/yd3) silica fume. The total content of Type II portland cement, flyash and silica fume shall be 344 - 380 kg/m3 (580 - 640 Ibs/yd3). Laboratory trial mix for Class H concrete must not exceed permeability of 2000 coulombs at 56 days (ASTM C 1202). Laboratory trial mix for Class H concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Class HT concrete is used as the top layer for bare concrete bridge decks that will not receive a waterproofing membrane. Additional requirements for Class HT concrete are: An approved water reducing admixture shall be incorporated in the mix. Class HT concrete shall contain a minimum of 50% AASHTO M 43 size No. 7 or No. 8 coarse aggregate. Class HT concrete shall contain cementitious materials in the following ranges: 267 - 297 kg/m3 (450 - 500 Ibs/yd3) Type II portland cement, 53 - 74 kg/m3 (90 - 125 Ibs/yd3) flyash and 12 - 18 kg/m3 (20 - 30 Ibs/yd3) silica fume. The total content of Type II portland cement, flyash and silica fume shall be 344 - 380 kg/m3 (580 - 640 Ibs/yd3). Laboratory trial mix for Class HT concrete must not exceed permeability of 2000 coulombs at 56 days (ASTM C 1202). Laboratory trial mix for Class HT concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Class P concrete is used in pavements. Additional requirements for Class P concrete are: Class P concrete shall contain a minimum of 55% AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all transverse joints are doweled, then Class P concrete shall contain a minimum of 55% AASHTO M 43 sizes No. 57, No. 67, No. 357, or No. 467 coarse aggregate. Laboratory trial mix for Class P concrete must produce an average 28 day flexural strength of at least 4482 kPa (650 psi). Class P concrete shall contain 70% to 80% portland cement and 20% to 30% Class F fly ash in the total mass (weight) of cement plus fly ash. Unless acceptance is based on flexural strength, the total mass (weight) of cement plus Class F fly ash shall not be less than 392 kg/m3 (660 Ibs/yd3). If acceptance is based on flexural strength, the total mass (weight) of cement plus Class F fly ash shall not be less than 309 kg/m3 (520 Ibs/yd3)- June 13, 2003 3 REVISION OF SECTION 601 STRUCTURAL CONCRETE Class S35 concrete is a dense high strength structural concrete. Additional requirements for Class S35 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S35 concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (314") sieve. When placed in a bridge deck, Class S35 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class S40 concrete is a dense high strength structural concrete. Additional requirements for Class S40 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S40 concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S40 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class S50 concrete is a dense high strength structural concrete. Additional requirements for Class S50 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S50 concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S50 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Laboratory trial mix for Class S50 concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Subsection 601.03 shall include the following: Silica fume admixture shall conform to the requirements of subsection 701.03. Calcium chloride shall not be used in any concrete unless otherwise specified. Delete subsection 601.05 and replace with the following: 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design Report consisting of design mix proportions, laboratory trial mix and aggregate data for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete Mix Design cannot be approved when the laboratory trial mix and aggregate data are the results from tests performed more than a year in the past. The design mix proportions shall show the weights and sources of all ingredients including cement, fly ash, aggregates, water, additives and the water cement ratio (w/c). When determining the w/c, cement (c) shall be the sum of the weight of the cement, the weight of the fly ash and the weight of silica fume. The laboratory trial mix data shall include results of the following: (a) AASHTO T 119 Slump of Hydraulic Cement Concrete. (b) AASHTO T 121 Mass per Cubic Meter (Cubic Foot), Yield, and Air Content (Gravimetric) of Concrete. Air content from AASHTO T 152 Air Content of Freshly Mixed Concrete by the Pressure Method may be used in lieu of the air content by the gravimetric method in AASHTO T 121. (c) AASHTO T 22 Compressive Strength of Cylindrical Concrete Specimens shall be performed with at least two specimens at 7 days and three specimens at 28 days. Three additional specimens tested at 56 days shall be required for Class H and HT concrete. (d) Class H and HT concrete shall include a measurement of permeability by ASTM C 1202 Electrical Indication of Concrete's Ability to Resist Chloride Ion Penetration. The concrete test specimens shall be two 2 inch thick disks sawed from the centers of two molded 4 inch diameter cylinders cured no more than 56 days in accordance with ASTM C 192 Standard Practice for Making and Curing Concrete Test Specimens in the Laboratory. (e) Class H, HT and S50 concrete shall include a measurement of cracking by AASHTO PP 34 Standard Practice for Estimating the Cracking Tendency of Concrete. The ring shall be cured in an indoor room with June 13, 2003 4 REVISION OF SECTION 601 STRUCTURAL CONCRETE the temperature maintained 180C - 24°C (65'F - 75°F) and relative humidity not exceeding 40%. (f) Class E and P concrete shall include AASHTO T 97 Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading) performed with two specimens at 7 days and four specimens at 28 days. (g) Class E concrete shall include a report of maturity relationships in accordance with ASTM C 1074 with the following additions or modifications. The Contractor shall provide a multi -channel maturity meter and all necessary wire and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meter and wire. Placement shall be as directed by the Engineer. 1. The cylinders used to establish the compressive strength vs. maturity relationship shall be cast and cured in the field in conditions similar to the project. 2. These cylinders shall be tested in pairs at times which yield compressive strengths three sets of which are at or below 17 MPa (2500 psi) and one of which is above 17 MPa (2500 psi). 3. Testing to determine datum temperature or activation energy will not be required. 4. A test slab shall be cast at the same time and location as the cylinders. The test slab shall have a length and width of 2 m x 2 m (6 feet x 6 feet) and a thickness equal to the pavement design thickness. The maturity of the test slab, when used in the compressive strength vs. maturity relationship from the cylinders, shall indicate that a compressive strength of 17 MPa (2500 psi) is achieved in the required time. Slab maturity will be determined with two probes located in the slab approximately 300 mm and 600 mm (1 and 2 feet) from the edge. The test slab shall be covered with a blanket similar to the one to be used on the pavement. Except for class BZ concrete, the maximum slump of the delivered concrete shall be the slump of the approved concrete mix design plus 38 mm (1 %"). Except for class H and HT concrete, the laboratory trial mix must produce an average 28 day compressive strength at least 115 percent of the required 28 day field compressive strength. The laboratory trial mix for Class H or HT concrete must produce an average 56 day compressive strength at least 115 percent of the required 56 day field compressive strength. The laboratory trial mix shall have a relative yield of 0.99 to 1.02. When Portland Cement Concrete Pavement is paid with a volumetric pay quantity, the relative yield of the concrete produced on the project shall be 0.99 to 1.02. If the relative yield of the produced concrete does not conform to this range for two consecutive yield determinations, concrete production shall cease and the Contractor shall present a plan to correct the relative yield to the Engineer. Aggregate data shall include the results of the following: (1) AASHTO T 11 Materials Finer Than 75 um (No. 200) Sieve in Mineral Aggregates by Washing. (2) AASHTO T 19 Unit Weight and Voids in Aggregate. (3) AASHTO T 21 Organic Impurities in Fine Aggregate for Concrete. (4) AASHTO T 27 Sieve Analysis of Fine and Coarse Aggregates. (5) AASHTO T 84 Specific Gravity and Absorption of Fine Aggregate. (6) AASHTO T 85 Specific Gravity and Absorption of Coarse Aggregate. (7) AASHTO T 96 Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (8) AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate. (9) AASHTO T 176 Plastic Fines in Graded Aggregates and Soils by use of the Sand Equivalent Test (10) ASTM C 535 Resistance to Degradation of Large -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine (11) ASTM C 1260 Potential Alkali Reactivity of Aggregates (Mortar -Bar Method) Any aggregate with an expansion of 0.10 percent or more at 16 days after casting as determined by ASTM C 1260 shall not be used unless mitigative measures are included in the mix design and subsequent results of CPL 4202 with the design mix proportions show an expansion not exceeding 0.10 percent at 16 days after casting. The Concrete Mix Design Report shall state what mitigative measures were included in the concrete mix design and include results for ASTM C 1260 and CPL 4202. June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, flyash and silica fume admixture meet the specification requirements and supporting this statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. Where the Contractor's use of fly ash results in any delay, necessary change in admixture quantities or source, or unsatisfactory work, the cost of such delays, changes or corrective actions shall be borne by the Contractor. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, or aggregate. Unless otherwise permitted by the Engineer, the product of only one type of portland cement from one mill of any one brand shall be used in a concrete mix design. Review and approval of the Concrete Mix Design by the Engineer does not constitute acceptance of the concrete. Acceptance will be based solely on the test results of concrete placed on the project. Subsection 601.07 shall include the following: Silica fume shall be added to the mix during initial batching. Subsection 601.12 shall include the following: At the pre -placement conference, the Contractor shall present a concrete winter protection plan for acceptance by the Engineer. The accepted concrete winter protection plan shall contain information on the number and type of heat sources to be used, a sketch detailing the enclosure materials, and all other pertinent information. Sufficient equipment shall be supplied to continuously maintain the specified temperature uniformly in all parts of the enclosure. Insulated blankets on top of the bridge deck and freely circulated artificial heat below the deck will be permitted. Subsection 601.12(c) shall include the following: Before concrete placement, all ice, snow, and frost shall be completely removed from within formwork. Salt shall not be used to thaw ice, snow, or frost. Delete subsection 601.13 and replace with the following: 601.13 Curing Concrete Other Than Bridge Decks. When the ambient temperature is below 20C (35°F) the Contractor shall maintain the concrete temperature above 100C (500F) during the curing period. It shall be the Contractor's responsibility to determine for himself the necessity for undertaking protective measures. The minimum curing period shall be determined by one of the following methods. The Engineer shall review for adequacy, the Contractor's determination of the curing period. (1) The minimum curing period shall be 120 hours (2) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall cast information cylinders on the final portion of a placement and stored as close to the structure as possible. The information cylinders shall receive similar thermal protection as the structure. The contractor shall be responsible for the protection of the information cylinders. In -place strength shall be determined by at least two cylinders. If the information cylinders are destroyed in the field, the minimum curing period shall be 120 hours. (3) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall develop a maturity relationship for the concrete mix design in accordance with ASTM C 1074. The June 13, 2003 6 REVISION OF SECTION 601 STRUCTURAL CONCRETE Contractor shall provide the maturity meter and all necessary thermocouples, thermometers, wires and connectors. The Contractor shall be responsible for the placement, protection and maintenance of the maturity meters and associated equipment. Locations where the maturity meters are placed shall be protected in the same manner as the rest of the structure. The Contractor shall install the thermocouples at locations designated by the Engineer. The Contractor shall monitor the temperature at intervals acceptable to the Engineer. Maturity meters, thermocouples and information cylinders will not be measured or paid for separately, but shall be included in the work. Enclosures with artificial heat sources will be permitted. If enclosures are used the Contractor shall monitor the structural integrity of the enclosure. Artificial heat sources shall not be placed in such a manner as to endanger formwork or expose any area of concrete to drying due to excessive temperatures. At the end of the curing period, the protection shall remain in place until it can be removed without permitting the concrete temperature to fall more than 280C (50°F) in a 24-hour period. Sudden changes of concrete temperature shall be prevented. Immediately after placing fresh concrete, all concrete shall be cured by one of the following methods. The Engineer shall review for adequacy, the curing method proposed by the Contractor. (a) Water Method. All surfaces other than slabs shall be protected from the sun and the whole structure shall be kept wet throughout the curing period. Surfaces requiring a Class 2 finish may have the covering temporarily removed for finishing, but the covering must be restored as soon as possible. All concrete slabs shall be covered as soon as possible with suitable material so that concrete is kept thoroughly wet for at least five days. The concrete surface shall be kept moist at all times by fogging with an atomizing nozzle until the covering is placed. (b) Membrane Forming Curing Compound Method. Curing compound may be applied only to those surfaces, which are to receive a Class I or Class 4 final finish. A volatile organic content (VOC) compliant curing compound conforming to AASHTO M 148, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. Curing compound shall not be used on construction joints. The rate of application of curing compound will be in accordance with the manufacturer's recommendation, but shall not be more than 7 m'IL (300 ft'/g). All concrete cured by this method shall receive two applications of the curing compound. The first coat shall be applied immediately after stripping of forms and acceptance of the concrete finish. If the surface is dry, the concrete shall be thoroughly wet with water and the curing compound applied just as the surface film of water disappears. The second application shall be applied after the first application has set. During curing operations, any unsprayed surfaces shall be kept wet with water. The coating shall be protected against marring for a period of at least 10 days after application. Any coating marred, or otherwise disturbed, shall be given an additional coating. Should the surface coating be subjected continuously to injury, the Engineer may require that water curing, as described in subsection 601.13(a) be applied at once. When using a curing compound, the compound shall be thoroughly mixed within an hour before use. If the use of a curing compound results in a streaked or blotchy appearance, its use shall be discontinued. Water curing, as described in subsection 601.13 (a), shall then be applied until the cause of the defective appearance is corrected. (c) Form Method. Concrete shall be protected by forms during the curing period Forms shall be kept moist, when necessary, during the curing period to insure the concrete surface remains wet. (d) Blanket Method. Electrically heated curing blankets or insulation blankets may be used in cold weather to maintain specified curing temperature and to retain moisture in concrete. Blankets shall be lapped at least 200 mm (8 inches) and shall be free of holes. Blankets shall be secured at laps and edges to prevent moisture from escaping. The following procedures shall be followed if the temperature of the concrete structure falls below 0°C (32°F) before the concrete reaches 80 percent of the required field compressive strength: June 13, 2003 REVISION OF SECTION 60' STRUCTURAL CONCRETE (1) The Contractor will take cores at locations designated by the Engineer. (2) The Engineer will take immediate possession of the cores and submit the cores to a petrographer for examination in accordance with ASTM C 856. (3) All costs associated with coring, transmittal of cores, and petrographic examination shall be born by the Contractor regardless of the outcome of the petrographic examination. (4) Concrete damaged by frost as determined by the petrographic examination shall be removed and replaced at the Contractor's expense. Delete subsection 601.15 and 601.16 and replace with the following 601.15 Bridge Deck Placing, Consolidating and Finishing. The Contractor shall prepare a written Quality Control Plan (QCP) which defines the quality control measures the Contractor will use to ensure the placing, consolidating, and finishing, curing and weather protection of the bridge deck conforms to the Contract requirements. The Contractor may refer to the Structural Concrete Pre -Pour Conference Agenda in the department's Construction Manual for examples of items that should be included in the QCP. It shall also identify the Contractor's method for ensuring that the provisions of the QCP are met. The Contractor shall submit the QCP to the Engineer for written approval before the pre -pour conference. A Pre -Placement Conference shall be held at a time mutually agreed upon before the initial placement of Class H, Class HT or Class S50 concrete. Representatives of the ready mix producer and the Contractor shall meet with the Engineer to discuss the following topics: (1) Concrete Mix Ingredients and Proportions (cement content, effect of admixtures, etc.) (2) Work Schedule (3) Applicable Specifications and Special Notes (4) Delivery Details (5) Planned Construction Joint Locations (6) Role of All Personnel (7) Construction Details - surface preparation, finish, joint locations, etc. (8) Testing Requirements (9) Acceptance Criteria (10)Contingency Plans for Wind, Rain, Breakdown, etc. (11)Curing Details (a) Surface Preparation. Tops of girders, precast deck panels, pier caps, and abutments that will come into contact with bridge deck concrete shall be heated to raise the temperature above 20C (35°F) prior to concrete placement. The proposed preheating method is subject to approval by the Engineer. Prior to placement of a Class HT concrete overlay, the deck shall be prepared as follows 1. Newly Placed Decks or Existing Decks That Have Been Used as the Final Driving Surface. The deck shall be shot blasted in preparation for a mechanically bonded surface. Shot blasting shall remove the upper surface of the deck down to the coarse aggregate, which requires removing approximately 3 to 5 mm (1/8 to 3/16 inch) of the concrete. 2. Existing Decks Covered with One or More Layers of Bituminous Pavement. The deck shall be planed in accordance with subsection 202.09 to remove all overlying bituminous pavement, bridge deck membrane, and the upper 6.5 mm (1/4 inch) of the deck concrete. If Class HT concrete is not placed within one week of shot blasting or planing, the area shall then be sandblasted and cleaned of all sand, concrete fragments, dirt, and other foreign material within one week before placement. The area shall be moistened at least two hours before placement in order that the substrate concrete is saturated. The substrate concrete shall be allowed to dry and shall be saturated surface dry and free of visible water at the time of placement. June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE (b) Test Slab. At least 7 days prior to initial placement of Class H, Class HT or Class S50 concrete on or in a deck, the Contractor shall have prepared, placed, and cured one test slab of at least 3 m3 (4 Cu. Yd.) to verify mix design, demonstrate the ability to perform placement, finishing & curing operations, and to check quality control. The test slab shall be approximately the same thickness as the concrete to be placed. Additional test slabs shall be placed as necessary to verify changes in design or procedures at the contractor's expense. Test slabs that are placed as acceptable work in segments of sidewalks, or as approach slabs, or other locations acceptable to the Engineer, will be paid for as the pay item for that element of the contract. (c) Placing. Concrete shall be placed in accordance with the requirements of subsection 601.12 except for the following: Concrete shall be placed in such manner as to require as little rehandling as possible and at sufficient depth to provide adequate material for screeding and finishing operations. The concrete shall be discharged as near its final location as practicable. The pattern of placement shall be such that lateral flow will be minimized. Concrete shall be placed against the leading edge of fresh concrete where practicable. Class H, Class HT and Class S50 concrete shall be placed only when the concrete mix temperature is between 100C and 27°C (50°F and 80°F) at the time of delivery. Class H, Class HT and Class S50 concrete shall not be placed in or on bridge decks when the air temperature exceeds 260C (80°F) and/or the wind velocity exceeds 16 Km/h (10 mph) as determined by a digital thermometer and anemometer provided on site by the Contractor. If the Engineer can determine from the Contractor's data that the evaporation rate is less than 1.0 kg/m2/hr (0.20 Ib/ft2/hr), in accordance with figure 2.1.5 in ACI 305, then Class H and HT concrete may be placed under these conditions. Longitudinal joints for a Class HT concrete overlay will be allowed only at the locations of lane lines and must be approved by the Engineer. Transverse joints may be utilized when the Engineer determines that the work is not progressing in a satisfactory manner, or when required by change in weather conditions. The Engineer may approve transverse joint locations to accommodate phased overlay construction. (d) Consolidating. Consolidation shall conform to subsection 601.12(e) and to the following: The Contractor shall provide suitable mechanical vibrators to disperse the batch at the point of discharge and to densify the concrete within the forms. The bond of fresh concrete to concrete previously placed shall be achieved by vibrating the new concrete together with the old. Immersion vibrators shall operate at a speed of at least 10,000 vibrations per minute in air. Internal vibration may be used along the edges of forms and in areas of congested reinforcing. A combination of immersion vibration and surface consolidation shall be used. (e) Finishing. Following consolidation, the concrete shall be struck off and finished by mechanical longitudinal floating, mechanical rolling, surface vibration, or a combination of any of these methods. Surface vibrators shall be of the low frequency, high -amplitude type, operating at a speed of 3000 to 4500 vibrations per minute. A paver's steel scraping straightedge or lute, 100 mm (4 inch) maximum width, shall be the only hand tool permitted on deck surfaces, except for a minimum use of hand floats and edgers along the forms and in areas where machine finishing cannot be effectively used. Only minimum hand finishing will be permitted. If the surface of the deck slab becomes dry immediately following finishing operations, due to an excessive evaporation rate, it shall be covered with wet burlap or fogged with water covering the entire deck surface using pneumatic atomizing nozzles. The fog spray shall be just enough to retard surface evaporation and shall not change the water -cement ratio. During periods of excessive drying, a cover of wet burlap or plastic sheeting shall be maintained on the slab at all times until final cure is placed. Monomolecular film June 13, 2003 9 REVISION OF SECTION 601 STRUCTURAL CONCRETE coatings applied to the surface of the slab to retain moisture may be used provided they effectively retard surface evaporation and are adequately maintained until the final cure is placed. Surfaces of bridge decks and bridge approach slabs that will be the final riding surface shall be finished as follows: 1. For the final finish a seamless strip of plastic turf shall be dragged longitudinally over the full width of bridge deck after a seamless strip of burlap or other approved fabric has been dragged longitudinally over the full width of bridge deck to produce a uniform surface of gritty texture. The drags shall be mounted on a bridge other than the bridge to be furnished for department use. The dimensions of the drags shall be such that a strip of material at least 1 m (3 feet) wide is in contact with the full width of pavement surface while each drag is used. The drags shall consist of sufficient material and be maintained in such a condition that the resultant surface finish is of uniform appearance and reasonably free from grooves over 2 mm (1/16 inch) in depth. Where more than one layer of burlap drag is required, the bottom layer shall be approximately 150 mm (6 inches) wider than the layer above. Drags shall be maintained clean and free from encrusted mortar. Drags that cannot be cleaned shall be discarded and new drags installed. 2. Texturing. When posted speeds are 65 km/h (40 mph) or higher, the finish shall be a grooved finish conforming to the following: After the Engineer has accepted the finished surface, and after concrete has cured for at least seven days, the bridge deck surface shall be textured by grooving with a mechanized saw (sawed grooves). Grooving shall be done prior to the application of the concrete sealer. Only multi -blade saw cutting equipment furnished with circular blades may be used. Single blade equipment may be authorized by the Engineer where multi -blade assemblies do not allow sawing a distance one foot from obstructions. The grooving shall be rectangular and conform to the following: Depth: 3 mm ± 1 mm (❑ inch ± 1/32 inch) Width: 3 mm ± 1 mm (❑ inch ± 1/32 inch) Spacing:20 mm ± 1 mm (3/ inch ± 1/32 inch) center to center Grooves shall be longitudinal and parallel to the centerline of the roadway. Overlapping of grooves by succeeding passes will not be permitted. The grooves shall terminate 0.45 m (1.5 feet) from the face of curb or bridge rail on each side of the overlaid bridge deck. Grooving to bridge joint system. For joint systems that are perpendicular to the roadway centerline, grooving shall extend to 225 mm ± 75 mm (9 inches ± 3 inches) from the armor of the joint. For the joint systems that are not perpendicular to the centerline of the roadway, grooving shall remain parallel to the centerline and shall not be nearer than 150 mm (6 inches) to the joint armor nor farther than 1.2 m (4 feet) from the joint armor. The distance between grooves, from one side to other of the joint system, shall not exceed 1.5 m (5 feet). The Contractor shall maintain the grooving equipment so that aggregate particles or cement build-up on the saws is promptly cleared or cleaned so that the grooves are neat, true and in conformance with the specified dimensions. (0 Surface Smoothness. All Bridge Deck Surfaces. Acceptability of the deck surface will be determined as follows: The Contractor shall furnish a 3 m (10 foot) straightedge or other approved device. When the concrete is sufficiently hard, the Contractor shall test the bridge deck surface with the 3 m (10 foot) straightedge or other approved device. Areas showing high spots of more than 3 mm (1/8 inch) but not exceeding SECTION 00300 BID FORM PROJECT: WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851 Place Fort Collins, CO Date April 28, 2004 1. In compliance with your Invitation to Bid dated April 5, 2004 and subject to all conditions thereof, the undersigned G.L. Hoff Company a **(Corporation, Isrmited-Ld�kn rrCp-CampBnY, Eartnersltii,_.�}�t_uCT��r�,- o-�-Sale-ropri�tar) ** authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 5% of bid amount ($ 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 bonds is as follows: Employers Mutual Casualty Company, PO Box 370010, Denver, CO 80237 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No.1 through 7/96 Section 00300 Page 1 June 13, 2003 10 REVISION OF SECTION 601 STRUCTURAL CONCRETE 12 mm (Y2 inch) in 3 m (10 feet) shall be marked. The marked area shall be immediately ground with an approved grinding tool so that the surface deviation will not be in excess of 3 mm (1/8 inch) 3 m (10 feet). Grinding shall not reduce the concrete cover on reinforcing steel to less than 45 mm (13/4 inches), (70 mm [23/4 inches] for bare decks without an overlay). Decks that require additional corrective action shall be corrected with a concrete overlay approved by the Engineer. 2. All Bridge Deck Final Riding Surfaces. Bare deck, or any concrete overlayed final surface is subject to an incentive payment. The Contractor shall provide the Engineer with the following for incentive payment only: The longitudinal finished surface smoothness of structures and approach slabs including concrete deck and any overlaid surface shall be tested with the profilograph method in accordance with subsection 105.031(b). Bridge Deck shall be subject to an incentive payment in accordance with the following Table 601-3. Incentive Payments will be based on the Lane Profile Index (LPI) before diamond grinding of bumps or any corrective work has been done. TABLE 601-3 BRIDGE DECK SMOOTHNESS (INCHES/MILE) 2.5 mm (0.1 INCH) BLANKINr, RANr) PAVEMENT SMOOTHNESS CATEGORY' INCENTIVE PAYMENTS CORRECTIVE WORK REQUIRED LPI Concrete LPI Concrete (in./mi.) $/sq.yd. (mm/km $/m2 ®12 or $1.20 ®190 $1.45 ALL BRIDGE 12.1-15 $0.90 191-235 $1.08 In accordance DECKS 15.1-18 $0.60 236-285 $0.72 with subsection 18.1-22 $0.30 286-345 $0.36 601.15(d)l 22.1-25 1 $0.00 346-395 $0.00 This category will be used only on new construction or complete reconstruction of bridge deck. (g) Movable Bridges. Movable bridges or platforms shall be provided by the Contractor and moved as directed to allow the inspectors to work over the freshly placed plastic concrete. A movable bridge shall be kept as close to the finishing screed as practical. The deck of the movable bridges shall be a minimum of 600 mm (24 inches) wide and no more than 600 mm (24 inches) above the surface of the concrete and shall be capable of supporting two people. The Contractor shall provide additional movable bridges as appropriate for the work. (h) Concrete Bridge Sidewalks. Bridge sidewalks shall receive a final transverse broom finish. (i) If cracks in the deck concrete with a width of 0.9 mm (0.035 inches) or greater occur within two weeks of placement, those cracks shall be repaired at the Contractor's expense. Cracks will be measured by the Engineer by insertion of a wire gauge at any time and temperature within the two weeks. The repair shall consist of filling the cracks with a low viscosity, two part, methacrylate or an approved equal. The repair shall be in accordance with the recommendations of the manufacturer of the crack filling material. 601.16 Curing Concrete Bridge Decks. Except for Class H and HT concrete, the minimum curing period shall be 120 hours. The concrete surface shall be kept moist at all times by fogging with an approved atomizing nozzle or applying a monomolecular film coating to retard evaporation until the curing material is in place. For Class H and HT concrete the minimum curing period shall be 168 hours and from May 1 and until September 30 the water cure method as described below shall be used without the membrane forming curing compound. Concrete bridge decks, including bridge curbs and bridge sidewalks shall be cured as follows: June 13, 2003 11 REVISION OF SECTION 601 STRUCTURAL CONCRETE (a) Decks placed from May 1 to September 30 shall be cured by the membrane forming curing compound method followed by the water cure method as follows: Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound conforming to AASHTO M 148, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 40 L/100 m2 (1 gallon per 100 square feet). The curing compound shall be applied as a fine spray using power operated spraying equipment. The power operated spraying equipment shall be equipped with an operational pressure gage and a means of controlling the pressure. Before and during application the curing compound shall be kept thoroughly mixed by recirculation or a tank agitator. The application shall be within 6 m (20 feet) of the deck finishing operation. When the finishing operation is discontinued, all finished concrete shall be coated with curing compound within % hour. The curing compound shall be thoroughly mixed within one hour before use. 2. Water Cure Method. The water cure method shall be applied as soon as it can be without marring the surface and shall be continued for five days. The surface of the concrete, including bridge curbs and bridge sidewalks, shall be entirely covered with cotton, burlap, or combination polyethylene sheeting and burlap mats. Approved combinations of a barrier and a water retaining layer may be used. Prior to being placed, the mats shall be thoroughly saturated with water. The mats shall extend at least twice the thickness of the bridge deck beyond the edges of the slab and shall be weighted to remain in contact with the surface. The mats shall remain in contact and be kept wet for a minimum of five days after concrete placement. (b) Decks placed between November 1 and March 31 shall be cured by application of a membrane forming curing compound followed by the blanket method as follows: Membrane Forming Curing Compound Method. This method shall be applied in accordance with 601.16(a)1 above. 2. Blanket Method. Curing blankets with a minimum RValue of 0.5 shall be placed on the deck as soon as they can be without marring the surface. Blankets shall be loosely laid (not stretched) and adjacent edges suitably overlapped with continuous weights along the lapped joints. The blankets shall remain in place for a minimum of five days after placement. (c) Decks placed in April or October may be cured in accordance with either subsection 601.16(a) or 601.16(b) above. (d) For decks placed above an elevation of 2500 m (8,000 feet) above mean sea level, the Engineer may modify the time of year requirements for the cure methods defined in subsection 601.16(a) and 601.16(b) above. (e) Class H, Class HT and Class S50 concrete shall be cured as follows: The concrete surface shall be kept moist at all times by fogging with approved atomizing nozzles until the surface has been covered by the final cure. 2. At lease two atomizing nozzles shall be in operation at all times. A fogging nozzle that has shown acceptable performance is FOGG-IT Waterfog, low volume (7.5 liters per minute), manufactured by Fogg -it Nozzle Co. at P.O. Box 16053, San Francisco, California, 94116, or an approved equal. 3. From October 1 and until April 30 continuous fogging will not be required if the evaporation rate is less than 0.50 kg/m2/hr (0.10 Ib/ft2/hr). Ambient temperatures during initial curing shall be warm enough that the water from fogging does not freeze before insulating blankets are applied. The internal concrete temperature shall be determined by using thermocouples and a continuous recording device. The Contractor shall provide the thermocouples and a continuous recording June 13, 2003 12 REVISION OF SECTION 601 STRUCTURAL CONCRETE device and install the thermocouples at locations designated by the Engineer. The continuous recording device connected to the thermocouple shall be calibrated to provide accurate temperature readings. During the cure period the continuous recording device shall be visible, show visible readings, and the Contractor shall continuously monitor the concrete temperature and provide the recorded data to the engineer after the monitoring of temperature for that placement is complete. (f) When the ambient temperature is below 20C (350F), the Contractor shall maintain the internal concrete temperature above 10°C (50°F) during the curing period, except the last 48 hours of the curing period the internal concrete temperature may be kept above 4°C (40°F). Internal concrete temperature shall be determined by using thermocouples. Thermocouple wire, connectors, and hand held thermometer will be supplied by the Engineer. The Contractor shall install the thermocouples at locations designated by the Engineer. During the curing period, the Contractor shall monitor the enclosure at intervals acceptable to the Engineer. The Contractor shall monitor concrete temperature, and the structural integrity of the enclosure. Artificial heat sources shall not be placed in such a manner as to endanger formwork or expose any area of concrete to drying due to excessive temperatures. During the curing period, for each day that the internal concrete temperature falls below the specified temperature, the protection shall remain in place and one extra day of curing time above 40C (40°F) shall be added to the original days of protection. If the internal concrete temperature at any location in the bridge deck concrete falls below 0°C (32°F) during the first 24 hours of the curing period, the Engineer may direct the Contractor to core the areas in question at the locations indicated by the Engineer. The Engineer will take immediate possession of the cores. The Engineer will submit the cores to a petrographer for examination in accordance with ASTM C 856. Concrete damaged by frost, as determined by the petrographer, shall be removed and replaced at the Contractor's expense. All costs associated with coring, transmittal of cores, and petrographic examination shall be born by the Contractor regardless of the outcome of the petrographic examination. At the end of the protection period, the protection shall remain in place until it can be removed without permitting the concrete temperature to fall more than 280C (50°F) in a 24-hour period. Sudden changes of temperature shall be prevented. Subsection 601.17 shall include the following After the curing period for Class HT concrete has elapsed, the overlay shall be "sounded" by the Contractor in accordance with ASTM D 4580 Standard Practice for Measuring Delaminations in Concrete Bridge Decks by Sounding to determine if the Class HT concrete has bonded to the bridge deck. In areas where the Class HT concrete has not bonded to the bridge deck, it shall be removed and replaced at the Contractors expense. Class HT concrete overlays shall not be opened to traffic, including construction traffic, for at least 14 days after placement. At the Engineer's discretion, the overlay may be opened to construction traffic sooner than 14 days but not until after the curing period has elapsed and the average strength of two field cured cylinders has reached 30 MPa (4500 psi). The field cured cylinders shall be made in accordance with AASHTO T 23 Making and Curing Concrete Test Specimens in the Field. Subsection 601.18 shall include the following: Bridge Deck Finish (Sawed Grooves) will be measured by the square meter (square yard). The area includes the length of the bridge and approach slabs, with deductions for areas occupied by expansion devices as specified, multiplied by the width of the roadway between the faces of curb or bridge rail on each side, less 0.9 m (3.0 feet). Bridge Deck Finish (Sawed Grooves) will not be remeasured but will be the quantity shown on the plans. June 13, 2003 13 REVISION OF SECTION 601 STRUCTURAL CONCRETE Exceptions for each structure will be: (1) when field changes are ordered, or (2) when it is determined that there are discrepancies on the plans in an amount of plus or minus two percent of the plan quantity for the structure. Subsection 601.19, 2nd paragraph shall include the following: Pay Item Pay Unit Bridge Deck Finish (Sawed Grooves) Square Yard Bridge Deck Finish (Sawed Grooves) Square Meter November 30, 2000 1 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 630.10 and replace with the following: 630.10 Traffic Control Management. The Contractor shall designate an individual, other than the superintendent, to be the traffic control supervisor. The traffic control supervisor shall be certified as a worksite traffic supervisor by either the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA), and shall have a current Department flaggers certificate. A copy of the traffic control supervisor's certifications shall be provided to the Engineer at the preconstruction conference. The traffic control supervisor's duties shall include: (1) Preparing, revising, and implementing each required method of handling traffic in accordance with the traffic control plan. (2) Directly supervising project flaggers. (3) Coordinating all traffic control operations, including those of subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies. (5) Preparing a traffic control diary on every calendar day traffic control devices are in use. This diary shall be submitted to the Engineer daily and become a part of the Department's project records. The diary shall include the following information as a minimum: (a) Date (b) For Traffic Control Inspection, the time of the inspection (c) Project number (d) Traffic Control Supervisor's name (e) Description of traffic control operations (lane closures, shoulder closures, pilot car operations, detours, etc.) including location, setup and takedown time, and approved method of handling traffic (MHT) number (f) Types and quantities of traffic control devices used per approved MHT (g) List of flaggers and uniformed traffic control (UTC) used, including start time, stop time, and number of flagging hours and UTC hours used (h) Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken (6) Inspecting traffic control devices on every calendar day that traffic control devices are in use, masked, or turned away from traffic. These inspections shall include at least one night inspection per week. The TCS or another representative who is certified as a work site traffic supervisor shall perform these inspections. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the Contract which contribute to the convenience, safety and orderly movement of traffic. Have an up-to-date copy of the MUTCD and applicable standards and specifications available at all times on the project. (9) Attending all project scheduling meetings. (10) Supervising the cleaning and maintenance of all traffic control devices. A certified worksite traffic supervisor shall provide traffic control management (TCM) on a 24-hour-per-day basis. The traffic control supervisor (TCS) or another representative who is certified as a work site traffic supervisor shall be available and reasonably accessible to the job site on every working day, on call at all times, and available upon the Engineer's request at other than normal working hours. During non -work periods, the TCS or another representative shall November 30, 2000 2 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL respond to the job site within 45 minutes. When another representative responds, the TCS or another representative who is certified as a work site traffic supervisor shall arrive at the job site within two hours after notification. The Contractor shall maintain a 24-hour telephone number at which the TCS can be contacted. The TCS shall not act as a flagger except in an emergency or in relief for short periods of time. Delete subsection 630.14 and replace with the following: 630.14 Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below. Construction Traffic Signs: Panel Size A: Up to 1 m2 (0.01 to 9.00 Square Feet) including Type 1 and Type 2 Barricades. Panel Size B: Over 1 to 1.5 m2 (9.01 to 16.00 Square Feet) Panel Size C: Over 1.5 M2.(16.01 Square Feet and over) Special: As shown on the plans The total number of traffic control devices of each type on the schedule and approved subsequent modified schedules shall be the maximum number approved for payment. Traffic channelizing devices consisting of vertical panel, traffic cones, or drum channelizing device will be measured by the unit. Concrete barriers will be measured by the meter (linear foot). Barricades will be measured by the number used. Barricade warning lights shall be furnished as a part of this item when required by the Traffic Control Plan (TCP). Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit according to size. The flashing beacon (portable) will be measured as a unit complete in place. Sign panel will be paid for under the appropriate item. The quantity to be measured for Traffic Control Management will be the number of authorized 24- hour days of active TCM performed by the TCS or another representative certified as a work site traffic supervisor. Payment will be made for one day of Traffic Control Management regardless of the number of TCSs required to adequately control the work. An authorized 24-hour day of active TCM will be every calendar day on which active traffic control occurs in accordance with an approved MHT. This includes activities such as flagging operations, pilot car operations, and setting up or removal of construction zones, shoulder closures, lane closures or detours. Traffic control devices that are left in place during non -working hours, including configurations such as lane closures, temporary channelization or detours, are not considered active traffic control. The quantity to be measured for Traffic Control Inspection will be the number of authorized 24- hour days of traffic control inspection (TCI) performed by the TCS or another representative certified as a work site traffic supervisor. An authorized 24-hour day of TCI shall be every calendar day that traffic control devices as shown in the MHT are in use, masked, or turned away from traffic on the project, and the only traffic control activity is the inspection of traffic control devices. November 30, 2000 3 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Resetting, repairing, or replacing traffic control devices is considered maintenance of the devices. Cleaning and maintaining of traffic control devices are not considered traffic control activities subsidiary to the Traffic Control Management, Traffic Control Inspection or flagging pay items. Payment will be made for either Traffic Control Management or Traffic Control Inspection for every calendar day that traffic control devices as shown in the MHT are in use, masked, or turned away from traffic on the project. Payment will not be made for both items for the same calendar day. Work on a night shift that begins before midnight and ends after midnight will be considered as occurring on the calendar day on which the shift ends. The quantity to be measured for flagging will be the total number of actual flagging hours that are used as authorized in accordance with an approved MHT. Payment will not be made for time spent by flaggers to set up and take dwon construction traffic control devices. The quantity to be measured for pilot car operation will be the total number of hours that pilot car operation is used as, authorized. Hours of flagging and hours of pilot car operation in excess of those authorized shall be at the Contractor's expense. Delete subsection 630.15 and replace with the following: 630.15 Payment for the individual traffic control devices necessary to complete the work shall be full compensation for furnishing, erecting, cleaning, maintaining, resetting, repairing, replacing, moving, removing, and disposing of the construction traffic control devices. All construction traffic control devices that are not permanently incorporated into the project will remain the property of the Contractor. Construction traffic control devices, as determined by the project traffic control plan (TCP), will be paid for as follows: 50 percent of the accepted amount upon first utilization, an additional 40 percent of the accepted amount when 75 percent of the original contract amount has been earned, and the final 10 percent when the project has been completed in accordance with subsection 105.16, exclusive of any maintenance periods. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. - Payment will be made under: Pay Item Construction Traffic Sign (Panel Size_) Construction Traffic Sign (Special) Vertical Panel Vertical Panel (With Light) (Flashing) Vertical Panel (With Light) (Steady Burn) Advance Warning Flashing or Sequencing Arrow Panel Drum Channelizing Device Traffic Cone Tubular Marker Channelizing Device (Fixed) Concrete Barrier (Temporary) Pay Unit Each Square Meter (Square Foot) Each Each Each Each Each Each Each Each Meter (Linear Foot) November 30, 2000 4 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Delineator (Type_) (Temporary) Each Barricade (Type_) (Temporary) Each Traffic Control Management Day Traffic Control Inspection Day Flagging Hour Pilot Car Operation Hour Flashing Beacon (Portable) Each Traffic Signal (Temporary) Lump Sum The Contractor shall agree to quantities for the following items on a weekly basis when signing the CDOT Form 7 — Weekly Report of Miscellaneous Pay Items: Traffic Control Management Day Traffic Control Inspection Day Flagging Hour Pilot Car Operation Hour Construction Traffic Sign (Special) is a project specific sign indicated on the Schedule of Construction Traffic Control Devices. When Traffic Control Management and Traffic Control Inspection are not pay items, traffic control management will not be paid for separately, but shall be included in the work. Flagger hand devices will not be measured and paid for separately, but shall be included in the work. Cost of electrical power, including batteries, for all temporary lighting or warning devices shown on the TCP will not be paid for separately but will be considered subsidiary to the item. Temporary masking signs, including the covering materials and fastening devices, 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 shown on the plans, if approved; however, payment will be made for the panel size designated. If the Contractor fails to complete construction within the approved contract time, no payment will be made for the use of Section 630 pay items for the period of time after expiration of the approved contract time. These items shall be provided at the Contractor's expense. Cleaning and patching of the roadway after removal of the Channelizing Device (Fixed) will not be paid for separately, but shall be included in the work. October 14, 2003 REVISION OF SECTION 630 METHOD OF HANDLING TRAFFIC Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.09 shall include the following: (7) The Contractor shall provide verification by field survey that the vertical clearances for structures in all areas covered by a proposed MHT meet or exceed the minimum clearances shown in Table 630-2. If the vertical clearance is less than what is shown for the particular condition in Table 630-2, the Contractor shall identify the location where this clearance cannot be met, and provide an appropriate signing plan.' This information shall be included in the MHT and shall be submitted to the Engineer for approval a minimum of five days before the MHT is implemented. (8) The Contractor shall provide verification by field survey that the total driving lane plus shoulder in all areas covered by a proposed MHT is at least 17 feet. If this width cannot be maintained, the Contractor shall identify the location where this clearance cannot be met, and provide an appropriate signing plan. This information shall be included in the MHT and shall be submitted to the Engineer for approval a minimum of five days before the MHT is implemented. TABLE 630-2 VERTICAL CLEARANCES TO STRUCTURES Highway Underpasses Railway Underpasses Overhead Wires Local Rural Roads 14 Feet 23 Feet° 5 Local Urban Streets Rural Collectors Urban Collectors Rural Arterial 16 Feet3 Urban Arterial Freeways 1 If the existing vertical clearance is already less than what is shown in Table 630-2, the Contractor shall identify the location, but a signing plan will only be required if the clearance is to be reduced further. 2 If the existing width is already less than 17 feet, the Contractor shall identify the location, but a signing plan will only be required if the width is to be reduced further. 3 Vertical clearance to sign trusses and pedestrian overpasses shall be 17 feet 4 Measured from top of rail to bottom of highway structure. All railway clearances are subject to the individual railroad's approval. 5 Communication and power lines of: 0 to 750 volts 18 Feet 750 to 22,000 volts 20 Feet 22,000 to 50,000 volts 22 Feet For voltages over 50,000 volts, increase clearance''/2 inch for each 1000 volts over 50,000. REVISION OF SECTION 630 September 26, 2000 NCHRP 350 REQUIREMENTS Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.01 delete the 2nd sentence: Subsection 630.08 shall include the following: Work zone devices designated by FHWA as category I including but not limited to single -piece drums, tubes, cones, delineators, crash cushions, and truck mounted attenuators shall meet NCHRP 350 crash test requirements. The Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 certification for each type of category I device before it is first used on the project. Work zone devices designated by FHWA as category II including but not limited to barricades, vertical panels with light, drums or cones with light, portable sign supports, intrusion detectors and type III barricades shall meet NCHRP 350 crash test requirements or shall have been originally purchased prior to October 1, 2000 by the Contractor. The Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 certification for each type of category II device or shall certify that the category II device was originally purchased prior to October 1, 2000 before it is first used on the project. G.L. Hoff Company CONTRACTOR BY: Gregory L. Hoff President ADDRESS: 1815 West 12th Street Loveland. CO 80537 8. BID SCHEDULE (Base Bid) Please use the attached Bid Schedule when submitting your bid. 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (250) of the total Agreement Price. RESPECTFULLY SU AV"s/� ilr Date Title D-O License Number (If Applicable) (Seal - if Bid is by corporatio,) Attest: �- Mi ram T. Ho , SeceefW Treasurer Address PO Box 7448 0 7/96 Loveland. CO 80537 Telephone 970-669-3255 Section 00300 Page 2 March 6, 2003 -I- REVISION OF SECTION 701 HYDRAULIC CEMENT Section 701 of the Standard Specification is hereby deleted for this project and replaced with the following: 701.01 Portland Cement. Portland cement shall conform to the requirements of the following specifications for the type specified or permitted: Masonary Cement Portland Cement Blended Hydraulic Cement Hydraulic Cement ASTM C 91 ASTM C 150 ASTM C 595 ASTM C 1157 In addition to the standard chemical requirements for portland cement in ASTM C 150, the maximum percent of equivalent alkalis (Na2O + 0.658 KZO) shall not exceed 0.90 percent. Where either Type I or Type II portland cement is required, blended hydraulic cement conforming to ASTM C 595 Type IP or Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent portland cement. Where Type 11 portland cement is required, blended hydraulic cement conforming to ASTM C 595 Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent portland cement. Where blended hydraulic cement is used the substitution of fly ash for the blended hydraulic cement is not allowed. For concrete where Class F fly ash is required, blended hydraulic cement conforming to ASTM C 595 Type IP or Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent portland cement and no less than 20 percent Class F fly ash by weight. The weight of blended hydraulic cement must equal the weight of portland cement plus fly ash. Where either Type I or Type II portland cement is required, hydraulic cement conforming to ASTM C 1157 Type GU or Type MS may be used. Where Type II portland cement is required, hydraulic cement conforming to ASTM C 1157 Type MS may be used. Where Type V portland cement is is required one of the following may be used: (1) Type II portland cement with no more than 5.0 percent CA content and no more than 25.0 percent [C4AF + 2(C3A)]. (2) Type II portland cement with no more than 0.040% expansion at 14 days when tested in accordance with ASTM C 452. (3) Type II portland cement with at least 15 percent of the cement replaced with an approved Type F fly ash. (4) ASTM C 595 Type IP(MS) blended hydraulic cement consisting of no less than 70 percent portland cement and at least 15 percent Type F fly ash. (5) ASTM C 1157 Type HS hydraulic cement. Cement shall be from a preapproved source listed on the department's Approved Products List. The cement intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the cement meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. The cement shall be subject to sampling and testing by the department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of the cement until the corrections necessary have been taken to insure that the material meets the specifications. The Contractor shall provide suitable means for storing and protecting the cement against dampness. Cement which, for an reason, has become partially set or which contains lumps of caked cement shall not be used. Cement salvaged from discarded or used bags shall not be used. March 6, 2003 -2- REVISION OF SECTION 701 HYDRAULIC CEMENT 701.02 Fly Ash. Fly ash for concrete shall conform to the requirements of ASTM C 618, Class C or Class F. All chemical requirements of ASTM C 618 Table 1 shall apply with the folowing exceptions: (1) Footnote A shall not apply. (2) Loss on Ignition shall not exceed 3.0 percent. Class C fly ash will not be permitted in concrete where Type V portland cement is required. Fly ash shall be from a preapproved source listed on the Department's Approved Products List. The fly ash intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the fly ash meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. Preapproval shall include submission of a report from the supplier documenting the results of testing the fly ash from that source in accordance with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261, Appendix II. The report shall include the results of TCLP testing for heavy metals and other contaminants found in the fly ash. The report shall list the contaminants tested, and the allowable levels for each contaminant tested. A new report shall be submitted for each preapproved source annually. Additional TCLP testing may be required when the department suspects that the fly ash source may have been contaminated. The fly ash shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of fly ash until the.corrections necessary have been taken to insure that the material meets the specifications. 701.03 Silica Fume. Silica fume for concrete shall conform to the requirements of ASTM C 1240. Silica Fume shall be from a preapproved source listed on the Department's Approved Products List. The silica fume intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the silica fume meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. The silica fume shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of the silica fume until the corrections necessary have been taken to insure that the material meets the specifications. October 14, 2003 1 REVISION OF SECTION 702 ASPHALT EMULSIONS Section 702 of the Standard Specifications is hereby revised for this project as follows: In subsection 702.03 delete the second sentence in the first paragraph and replace with the following: Emulsified asphalt and aggregate used for seal coats shall be sampled and will be tested for information only according to CP-L 2213, Chip Seal Compatibility. In subsection 702.03 delete (a), including Tables 702-4 and 702-5, and replace with the following: (a) Polymerized emulsions for seal coat shall conform to the following requirements for CRS-2P (Cationic, Polymerized) or HFRS-2P (Anionic, Polymerized, High Float). CRS-2P or HFRS-2P shall be an emulsified blend of polymerized asphalt, water, and emulsifiers. The asphalt cement shall be polymerized prior to emulsification and shall contain a minimum of three (3.0) percent polymer by weight of asphalt cement. The emulsion standing undisturbed for a minimum of 24 hours shall show no white, milky separation but shall be smooth and homogeneous throughout. The emulsion shall be pumpable and suitable for application through a distributor. The emulsified blend shall conform to the- requirements listed in Table 702-4. October 14, 2003 2 REVISION OF SECTION 702 ASPHALT EMULSIONS Table 702-4 Property CRS-2P HFRS-2P AASHTO Test No. Tests on Emulsion: Viscosity, at 50°C, Sabolt- Furol, s min 50 50 T 59 max 450 450 Storage stability, 24 hr, % max 1.0 1.0 T 59 Particle charge test Positive T 59 Sieve test, % max 0.10 0.10 T 59 Demulsibility, % min 40 40 T 59 Oil Distillate by volume, % max or range 3.0 3.0 T-59 Residue by distillation/ evaporationZ, % min 652 652 T 59/ CP-L 221213 Tests on residue: Penetration, 25°C, 100g, 5s, min 70 70 Penetration, 25°C, 100g, 5s, max 150 150 T 49 Ductility, 25°C, 5 cm/min, cm, min 75 T 51 Solubility, in trichloroethylene% min 97.5 97.5 T 44 Elastic Recovery, 50°F min 58 CP-L 22113 Float Test, 60°C, s min 1200 T 50 Toughness, in-Ibs, min 70 CP-L 22103 Tenacity, in-Ibs, min 45 CP-L 22103 ' CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in accordance with AASHTO T-59 to determine acceptability. Z For high float emulsions the distillation and evaporation tests will in be in accordance with AASHTO T-59 or CP-L 2212 respectively with modifications to include 205 ± 5°C (400 ± 10°F) maximum temperature to be held for 15 minutes. 3 Colorado Procedure - Laboratory October 14, 2003 3 REVISION OF SECTION 702 ASPHALT EMULSIONS In subsection 702.03 delete the last sentence of the note at the bottom of Table 702-8 and replace with the following: Emulsified Asphalt (HFMS-2sP) with a residual penetration greater than 300 mm shall meet all properties listed in Table 702-8, except that Elastic Recovery shall be reported for information only. Subsection 702.04 shall include the following: For hot -in -place recycling ARA 1 P is an acceptable alternative to ARA. ARA-1 P shall meet the requirements below: Emulsified Polymer Modified Asphalt Rejuvenating Agent (ARA-1 P) for use in hot -in -place recycling of bituminous pavements shall be modified with a minimum of 3.0% styrene-butadiene solution polymer. The finished product shall conform to the physical requirements listed in Table 702-10A below. Table 702-10A Test on Emulsion Test Method Min Max Viscosity, Saybolt-Furol @ 77°F, s ASTM D 244 15 100 Residue @ 350°F, % ASTM D244 Mod 60 _ Sieve Test, % ASTM D244 0.10 Oil distillate, % ASTM D244 2.0 Test on Residue Residue from D244 Mod Penetration @ 39.2°F, 50g, 5s ASTM D-5 Modified 300 Asphaltenes, % ASTM D4124 15 Rotational Viscosity @ 275°F, #21 spindle, 150 rpm, cps ASTM D4402 20 100 REVISION OF SECTION 702 January 16, 2004 SUPERPAVE PG BINDERS Section 702 of the Standard Specifications is hereby revised for this project as follows: Subsection 702.01(a) shall include the following: Asphalt cement shall not be acid modified or alkaline modified. In subsection 702.01(b) delete Table 702-2 and replace with the following: Table 702-2 SuDerPave Performance Graded Rinderc PROPERTY REQUIREMENT FOR PG BINDER AASHTO Test No. 58.28 5834 64-22 64.28 76.28 Flash Point Temp., °C, minimum 230 230 230 230 230 T 48 Viscosity at 135 °C, Pa•s, maximum 3 3 3 3 3 TP 48 Dynamic Shear, Temp. °C, where G*/Sin b @ 10 rad/s 2! 1.00 kPa 58 58 64 64 76 TP 5 Ductility, 4 °C (5 cm/min.), cm minimum - - - 50 - T 51 Toughness, joules inch-Ibs g ( ) 12.4 110 *CP L-2210 Tenacity, joules (inch-Ibs) 8.5(75) *CP L-2210 Acid or Alkali Modification (pass -fail) *CP L-2214 RTFO Residue Properties CP-L 2215 Mass Loss, percent maximum 1.00 1.00 1.00 1.00 1.00 CP-L 2215 Dynamic Shear, Temp. °C, where G*/Sin b @ 10 rad/s ? 2.20 kPa 58 58 64 64 76 TP 5 Elastic Recovery, 25 °C, percent min. - 50 *CP L-2211 Method A Ductility, 4 °C (5 cm/min.), cm minimum 20 - T 51 PAV Residue Properties, Aging Temperature 100 °C PP 1 Dynamic Shear, Temp. °C, where G*•Sin 6 @ 10 rad/s <_ 5000 kPa 19 16 25 22 28 TP 5 Creep Stiffness, @ 60 s, Test Temperature in °C -18 -24 -12 -18 -18 S, maximum, MPa 300 300 300 300 300 TP 1 m-value, minimum 0.300 0.300 0.300 0.300 0.300 TP 1 *'Direct Tension, Temperature in °C, @ 1 mm/min., where failure strain >_ 1.0 18 -24 -12 -18 -18 TP 3 -Colorado t'roceoure *Direct tension measurements are required when needed to show conformance to AASHTO MP 1 In subsection 702.01 (b) delete the last four paragraphs and replace with the following: The supplier of the PG binder shall be certified in accordance with CP 11 Samples of the PG binder for acceptance shall be sampled on the project as stated in the Schedule of the Field Materials Manual. The Department will test for acid modification and alkaline modification during the binder certification process. Thereafter, the Department will randomly test for acid modification and alkaline modification. October 14, 2003 REVISION OF SECTION 703 AGGREGATE FOR PLANT MIX PAVEMENTS Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 703.04 and replace with the following: Aggregates for hot plant mix bituminous pavement (HBP) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, natural gravel, or crushed slag. Excess of fine material shall be wasted before crushing. For Gradings S, SX, and SG, a percentage of the aggregate retained on the 4.75 mm (No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. This percentage will be specified in Table 403-1, as revised for the project in Section 403. The angularity of the fine aggregate shall be a minimum of 45.0% when determined according to AASHTO T 304. Aggregate samples representing each aggregate stockpile shall be non -plastic if the percent of aggregate passing the 2.36 mm (No. 8) sieve is greater than or equal to 10 percent by weight of the individual aggregate sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not contain clay balls, vegetable matter, or other deleterious substances. The aggregate for Gradings S, SX, and SG shall have a percentage of wear of 45 or less when tested in accordance with AASHTO T 96. TABLE 703-3A Master Ranae Table fnr Hnt Ritnminnnc Pavnmcn♦ Sieve Size Percent by Weight Passing Square Mesh Sieves Grading SX Grading S Grading SG 37.5 mm (1'/2") 100 25.0 mm (1") 100 90-100 19.0 mm (%") 100 90-100 12.5 mm ('/2") 90-100 9.5 mm (%") 4.75 mm (#4) 2.36 mm (#8) 28 — 58 23 - 49 19 - 45 1.18 mm (#16) 600 µm (#30) 300 µm (#50) 150 µm (#100) 75 µm (#200) * 2 —10 2-8 1- 7 I Iluou auuiuuiiai rulill �+o aNeaiicauun ocreens wm imaaiiy oe established using values from the As Used Gradation shown on the Design Mix. Aggregates for stone mastic asphalt (SMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, or crushed slag. A minimum of 90% of the particles retained on the 4.75 mm (No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. The particles passing the 4.75 mm (No. 4) sieve shall be the product of crushing rock larger than 12.5 mm (%2 inch) and shall be non -plastic when tested in accordance with AASHTO T 90. Additionally, each source of aggregate for SMA shall meet the following requirements (1) No more than 30% when tested in accordance with AASHTO T 96 Resistance to Degradation of Small - Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (2) No more than 12% when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate. October 14, 2003 REVISION OF SECTION 703 AGGREGATE FOR PLANT MIX PAVEMENTS TABLE 703-36 MnQfar Pnnnc Tnhln fi. 42f--- Sieve Size Percent by Weight Passing Square Mesh Sieves 9.5 mm (%") nominal 12.5 mm (%") nominal 19.0 mm (3/") nominal 19.0 mm (3/4") 100 12.5 mm ('/z') 100 100 85 — 95 9.5 mm ('/") 90 — 100 85 — 95 55-75 4.75 mm (#4) 30 — 55 24 — 32 24 — 32 2.36 mm (#8) 20 -`42 16 — 24 16 — 24 1.18 mm (#16) 600 µm (#30) 12 _ 25 10 — 16 10 — 16 300 µm (#50) 150 µm (#100) 75 µm (#200) 8 — 12 8 — 12 8 — 12 March 6, 2003 REVISION OF SECTION 703 CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows: In subsection 703.00, delete Table 703-1 and replace with the following: Table 703-1 Concrete Aggregate Gradation Table, Percentages Passing Desianated Sieves and Nnminat ciao Coarse Aggregates (From AASHTO M 43) Fine Aggregat e No.3 No.357 No.4 No.467 No.57 N0.6 No.67 No.7 No AASHTO Sieve 50 mm 50 mm 37.5 mm 37.5 mm 25.0 mm 19.0 -mm 19.0 mm 12.5 mm 9.5 mm M6 4.75 mm Size to 25.0 to 4.75 to 19.0 to 4.75 to 4.75 to 9.5 to 4.75 to 4.75 to 2.36 to 150 um mm (2" mm (2" mm (1 Y2" mm (1 Y2" mm (1" mm (3% mm (3/" mm (Y2" mm (3/e " (#4 to to 1") to #4) to 3/,") to #4) to #4) to'/a ") to #4) to #4) to #8) #100 63 mm 2Y.') 100 100 50 mm (2„) 90 - 100 95 - 100 100 100 37.5 mm (1 Y2") 35 - 70 90 - 100 95 - 100 100 25.0 mm 1„ 0 - 15 35 - 70 20 - 55 95 - 100 100 100 19.0 mm (3/, ) 0 - 15 35 - 70 90 - 100 90 - 100 100 122") 2 mm ( ") 0-5 10-30 25 - 60 20 - 55 90 - 100 100 9/8") m 0-5 10-30 0-15 20-55 40-70 85-100 100 (#4) 0-5 0-5 0-10 0-5 0-10 0-15 10-30 95-100 2.36 mm (#8) 0-5 0-5 0-5 0-10 80-100 1.18 mm (#16) 0-5 50 - 85 600 um (#30) 25 - 60 300 um (#50) 10 - 30 150 um (#100) 2 - 10 In subsection 703.01, delete the last sentence and replace with the following: The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 nor greater that 3.50 unless otherwise approved. I July 21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Gnnlc nnri Timctnhln fnr 11A:. .7+., 1 qm - gay vuuca uvn Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area (SMSA) Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gil in, Jefferson ................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld .................................................... 13.1% Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washin ton & Yuma ............................ 12.8% 158 1720 Colorado Springs El Paso, Teller ..........:.......................... 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo ................................................. 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Saguache........ 19.0% 159 (Grand Junction) Non SMSA Archuleta, Delta, Dolores, Eagle, Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZTION A Until Further Notice....................... ............ ........................ ...................... ....... ..... ........ .................6.9% Statewide APR-22-04 THU 11:56 An CITY/FT COLLINS, PURCHAS FAX NO, 970 2216707 P.04/08 00330 BCD SCHEDULE - ADDENDUM NO. I City of Fort Collins West Elizabeth Sueetscapa Improvement Bid No. 5851 Itssa No, D*$Mptlon Unit COntraCt ES"alod Cost 201 CLEARING AND ORUBBING LS QuadU' Unit Cost T p1 202 REMOVAL OF ASPHALT PAVEMENT SY I s 20 .o S 8,200.00 928 $ 2.55 S 2,366.40 202 REMOVAL OF CONCRETE SY 63 $ 9.90 $ 623.70 203 EXCAVATION CY 166 $ 10.00 $ 1,660.00 203 BORROW TON 350 $ 18.05 $ 6,317.50 207 FINE GRADING SF 9196 S 0.10 $ 919.60 207 TOPSOIL (IMPORT) CY 112 $ 25.00 S 2,800.00 208 CONCRETE WASHOUT STRUCTURE LS 1 $ 607.00 $ 607.00 208 EROSION CONTROL LS I S S 2l0 RESET WHEEL STOPS EACH 1.000.00 1, 000.00 37 5 9.60 S 355.20 210 ADJUST MANHOLF. EACH 1 S 400.00 $ 400.00 210 ADJUST WATER VALVEBOX EACH 0 S 100.00 $ 0.00 210 AD]USTJUNCT[ONBOXES EACH 25 $ 31.50 $ 787.50 210 RESET BENCHES AND BIKE RACKS EACH 3 S 66.00 S 198.00 210 RESET BUSINESS SIGNS EACH 6 $ 1 $ 7,800.00 212 TURF SOD SF 6395 $ 0. 66 S 4,220.70 212 SOIL PREPARATION SF 91% S 0.24 $ 2,207.04 213 WOOD MULCH SF 2151 S 1.00 S 2 , 151 .00 213 GRAVEL MULCH SF 350 $ 0.66 S 231.00 213 CRUSHER FINES SF 300 S 1.56 S 468.00 213 FULL TREE GRATE W/FRAME EACH 9 $ $ 1,191.00 10 719.00 213 1.2 TREE GRATE W,' FRAMB EACH 5 S 610.00 S 3,050.00 214 DECIDUOUS TREE (2" CAL) EACH 27 S - S 9,720.00 214 ORNAMENTAL TREE (I.1/2^CAL) EACH 2 $ 270.00 $ 540.00 214 SHRUBS (5 GAL) EACH 84 S 36.00 $ 3,024.00 114 STEEL EDGER !360.00 LF 121 S 4.80 3 580.80 403 HOT BITUMINOUS PAVEMENT (PATCHING) ASPHALTIC" TON 50 $ 165.00 S 8,250.00 514 FENCING / PEDESTRIAN RAILING LF 143 $ 93.00 S 13,299.00 603 SIDEWALK CHASE LF 91 S 176. 00 $ 16 016. 00 609 CONCRETESIDEWALK (6INCH) SY 2459 $ 26.70 S 65,655.30 608 CONCRETE APRON SY 51 $ 43.00 S 2,193.00 608 CONCRETE CURB RAMP SY 32 S 115.00 S 3,680.00 609 CURB TYPE 2 (6" BARRIER) (SECTION B) LF 50 $ 10.50 $ 525.00 623 IRRIGATION SLEEVES (6" DIAMETER) LF 730 $ 10.20 S 7,446.00 630 TRAFFIC CONTROL LS I $ S 630 TRAFFIC CONTROL (SIZE A SPECIALTY SIGNS EACH 25 S 24.00 S 600.00 Total Base Construction Cost S Dollars and Patc I of 2 July 21, 1999 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. 3 July 21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. July 21, 1999 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. July 21, 1999 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single - user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. July 21, 1999 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). July21, 1999 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. 8 July 21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. '6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. July21, 1999 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. July21, 1999 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminority group members and women employed in each work classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. C. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. January 17, 2003 -1- SPECIAL NOTICE TO CONTRACTORS 1. SCOPE 1.1 It is the intent of this chapter to provide guidelines to the Contractor or Sub - Contractor, so that they can properly present their materials for inclusion at the construction project. 1.2 The Contractor shall follow the procedures listed below to ensure the proper inspection, sampling, testing and certification of materials and products incorporated into all construction projects. 1.3 The words "Prequalification of Bidders' (102.01 Standard Specifications) has occasionally been confused with "Prequalification of Manufacturers / Supplier" or with "Pre -Approval of Products or Materials". These terms are not interchangeable. 1.4 Two information sources that can provide assistance and clarification are: Business Center - Project Bidding (http://www.dot.state.co.us/BusinessCenter/ Bidding/) and Design Support — Manuals (http://www.dot.state.co.us/DevelopProjects/ Design Support/). 2. PROVIDE NOTIFICATION OF MATERIALS SOURCES AND SUPPLIERS. 2.1 In accordance with subsection 106.01 of the Standard Specifications: The Contractor shall submit a list of material sources and suppliers to the Engineer. The list shall include company name and address, item to be supplied, and contact person where material can be inspected. 3. DESIGN/BUILD PROJECTS - MATERIALS DOCUMENTATION RECORD, CDOT FORM #250 3.1 Two weeks before construction of any element of work, the Contractor shall furnish the Engineer a schedule of items and approximate quantities to be incorporated into the project. This information is to include the item of work with location and dates. The Contractor shall immediately notify the Engineer, in writing, if the items of work or quantities are revised. 3.2 At the completion of the project, the Contractor shall furnish the Engineer with a completed CDOT Form #250 - Materials Documentation Record listing items utilized to construct the project and the approximate quantity of each item. 4. BUY AMERICA REQUIREMENTS. 4.1 In accordance with Subsection 106.08 of the Standard Specifications and as referenced in 23 CFR 635.410: A. All manufacturing processes, including the application of a coating, for all steel products and all iron products permanently incorporated in the work shall have occurred in the United States of America. B. The Contractor shall provide a certification by each supplier, distributor, fabricator, and manufacturer that has handled the steel or iron product, including the application of coating. C. These certifications shall create a chain of custody, and the lack of these certifications will be justification for rejection of the steel or iron product. D. Upon completion of the project, the Contractor shall certify in writing their compliance with this requirement. (An example of what is required on a Certificate of Contractor's Compliance to Buy America is on page 9 of this chapter. An original signature is required on the Certificate for the Project Files. APR-22-04 THU 11:50 AM CITY/FT COLLINS, PURCHAS FAX NO, 970 2218707 P.05/08 00330 , BID SCI EDULE. ADDENDUM NO.1 City of Fort Collins West EI(zaboth Streetscape improvements Bid Nn 1211 Signed Company Chock Onr Individual Doing Business in Company Name X Corporation partnership Address PO Box 7448 Loveland, CO 80537 Phone/Fax Irr'l_IrA9 A+ B BID The sum'of these two amounts will be used to determine the lowest successful bidder according to the following fottnula A + [B x (the daily cost)) - Contractor's bid for evaluation For the lowest successful bidder When A w Contractor's total bid for the work items S - Number of Calendar Days required to substantially oomplete the work Daily Cost for this Project - S3.828.00 The above formula will be used solely far the purpose of determining the lowest successful bidder agd will have no effect on the actual total bid con for completing the work. A a Total Base Construction Cost B = Total Number of Calendar Days Bid = 20 Total number of calendar days bid (B) x S3.828.00 - S 7 D TOTAL PROJECT COST = A + IB x (the daily cost)l = S BID ALTERNATES Item No. Description Unit Contract 08antity Estimated Cost Unit Cost Total 622 BFNCH SEATING (ALTERNATE) EACH 4 S 941.0U IS 3,764.00 608 UPGRADES TO SIDEWALK (COLOR) ALTERNATE SY 2450 S 7.40 S18,196.60 Page 2 of 2 9 January 17, 2003 -2- SPECIAL NOTICE TO CONTRACTORS 5. DESIGNATED PRODUCTS AND ASSEMBLIES. 5.1 The majority of materials submitted for inclusion on CDOT projects will fall within one of four levels of product acceptance for the their sampling and testing. CDOT always retains the right through its Quality Assurance (QA) Program to obtain samples for additional testing and require supplemental documentation. 5.2 If the material or product is not referenced within the four levels of product acceptance then the materials or products must be fabricated or supplied in accordance with the requirements of the applicable Colorado Department of Transportation specifications, plans, and standards. Examples of materials and products not found in the following four levels are Aggregate Base Course, Hot Bituminous Pavement, and Concrete. A. PRE -INSPECTED: Pre -Inspection is when representatives from the Colorado Department of Transportation visit a manufacturer's facility to perform an initial review of the company's quality control plan and employee certifications, as well as subsequent inspection visitations during the manufacturing of the product. Inspection arrangements should be made by contacting the CDOT Staff Bridge Fabrication Inspectors at (303) 757-9192 a minimum of 10 days prior to the beginning of fabrication. Failure to give notification may result in delays to the project and/or rejection of materials or products. Note 1: Bearing Devices and Expansion Devices are inspected randomly at the discretion of the Bridge Design and Management Branch. Products needing Pre -Inspection: Bearing Devices (Type III) - Bridge Expansion Device - Bridge (0-6", through, 0-24") Prestressed Concrete Units - Bridge Structural Steel - Bridge B. CERTIFIED TEST REPORT (CTR): The Certified Test Report level of acceptance is when a manufacturer is required to submit actual test results performed on the material being provided. A CTR shall contain the actual results of tests for the chemical analysis, heat treatment, and/or mechanical properties of the drawing and/or specification. The contract will designate products and assemblies that can be incorporated in the work, if accompanied by Certified Test Reports. The word preceding the Test Report may vary between different industries, such as Certified, Mill, Metallurgical, Laboratory. In accordance with Subsection 106.10 of the Standard Specifications and the requirements of this document, the report shall include: 1) The Department's project number 2) Manufacturer's name 3) Address of manufacturing facility 4) Laboratory name & address 5) Name of product or assembly 6) Complete description of the material 7) Model, catalog, stock no. (if applicable) 8) Lot, heat, or batch number identifying the material delivered 9) Date(s) of the laboratory testing 10) All test results are required to verify that the material furnished conforms to all applicable Department specifications. Test results shall be from tests conducted on samples taken from the same lot, heat, or batch. The Certified Test Reports must be an original document, not a facsimile, with an original signature (including corporate title) by a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy of the Certified Test Report shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Products or assemblies furnished on the basis of CTRs may be sampled and tested by the Department. If it is determined that the material does not meet the applicable specifications, the material may be January 17, 2003 -3- SPECIAL NOTICE TO CONTRACTORS rejected or may be accepted according to Subsection 105.03 of the Standard Specifications. (An example of what is required on a Certified Test Report is on page 10 of this chapter.) Below is a partial list of products or categories that require a Certified Test Report: Bearing Devices (Type III) - Bridge" Cribbing Mechanical Fasteners (Field) " Glass Beads (for pavement marking) Overhead Sign Structures" Top Soil Traffic Signal Structures A Pavement Marking Paint Epoxy Pavement Marking Material C. CERTIFICATE OF COMPLIANCE (COC) The Certificate of Compliance level of acceptance is when a manufacturer is required to submit a document certifying that the material being provided meets all required Department specifications. A COC shall contain a reference to the actual tests for the chemical analysis, heat treatment, and/or mechanical properties of the drawing and/or specification. The contract will designate products and assemblies that can be incorporated in the work, if accompanied by Certificates of Compliance. In accordance with Subsection 106.09 of the Standard Specifications and the requirements of this document, the certificate shall include: 1) The Department's project number 2) Manufacturer's name 3) Address of manufacturing facility 4) Laboratory name & address 5) Name of product or assembly 6) Complete description of the material 7) Model, catalog, stock no. (if applicable) 8) Lot, heat, or batch number identifying original document, not a facsimile, with an original signature (including corporate title) by a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy of the Certificate of Compliance shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Products or assemblies furnished on the basis of COCs may be sampled and tested by the Department. If it is determined that the material does not meet the applicable specifications, the material may be rejected or may be accepted according to Subsection 105.03 of the Standard Specifications. (An example of what is required on a Certificate of Compliance is on page 11 of this chapter.) Below is a partial list of products or categories that require a Certificate of Compliance: Note 2: If the Plans do not specifically reference a Certified Test Report (Mill Test Report) and the product category is not depicted on the Approved Products List within the Pre -Approved level of acceptance, then a COC will be required. Bearing Devices (Type I, II, IV and V AB) Bridge Deck Forms, Permanent Steel A Bridge Rail, Steel " Concrete Box Culverts, Precast Dampproofing, Asphalt Dust Palliative - Asphaltic - Magnesium Chloride Emulsified Asphalt for Tack Coat Erosion Bales Expansion Joint Material, Preformed Filler Flumes (all types) Gabions and Slope Mattress Gaskets January 17, 2003 -4- SPECIAL NOTICE TO CONTRACTORS Lighting Light Standards, High Mast Light Standards, Metal Luminaires (Inclusive) Manholes, Rings and Covers (Prefab) MC-70 - Prime Coat (Liquid Asphalt) MSE Wall - Elements°'' Pedestrian Bridge A Piling A Pipes - all material compositions Rest Area Materials Seed c Sign Panels Sprinkler System(s) Steel Sign Posts Structural Plate Structures A Structural Steel Galvanized A Steel Sheet Piling A Straw Treated Timber Wood Cellulose Mulch D. PRE -APPROVED: The Pre -Approved level of acceptance is when a manufacturer is required to submit all relevant documentation on their product in advance of any specific project. A primary requirement to be considered for the Approved Products List (APL) is that the material retains a very high level of uniformity and consistency in its production quality. The submittal of Certified Test Reports, Certificates of Compliance, product literature, etc., as well as product samples for evaluation combine all previous levels of acceptance into one. In accordance with CDOT's Procedural Directive 3.1, a manufacturer's product is evaluated within CDOT to determine its acceptability on CDOT construction projects, as defined by CDOT specifications, plans and standards. For Note 4: A A Mill Test Report shall be included. a A Certified Test Report(s) on components must accompany the material or product. c A Certified Test Report shall be included. ° The Contractor may obtain a current list of Weed Free Forage Crop Producers by contacting the Colorado Department of Agriculture at (303) 239-4149. DISCLAIMER: The Colorado Department of Transportation (CDOT) does not have the obligation to use any of the products listed in the Approved Products List (APL). The APL simply documents that the listed products have been tested, evaluated, and/or examined under CDOT standards, and were found to be acceptable to be used in CDOT projects. The product shall be removed from the APL if Product Performance comments indicate field performance that is unacceptable to CDOT quality standards or if the product varies from the data as originally submitted. Additional disclaimer information can be found within the APL web site. APR-22-04 THU 11:58 AM CITY/FT COLLINS, PURCHAS FAX N0, WU Zeitim r, uiiuo Administrative Services Furcbasing Division CITY OF FORT COLLINS ADDENDUM No.1 BID #3851 BID 35861 WEST ELIZABETH STREETSCAPE IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Did #5851 West Elizabeth Streetscape Improvements OPENING DATE: April 28, 2004, 3:00p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. 1. Delete Item 514, Fencing/Pedestrian Railing. 2. Add new item number 514 Ornamental Metal Fence on Concrete Wall, 58 LF. 3. Delete detail 6 on page 28 of the plan set and replace with detail 6/28 Concrete Retaining Wall, attached. 4. Add item No. 514 Ornamental Metal Fence with Mow Strip, 85 LF. 5. Add Detail No. 6.2/28 Ornamental Metal Fence with Mow Strip, attached, to the plan set 6. Contractor must use revised bid schedule, attached. If you have any questions please contact John Stephen, CPPO, Senior Buyer, at 970-221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BIDIQUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. G.L. Hoff o any acknowledge { ipt of Addendum #1 pages 1 through 8. By: Gregory L. Hoff, President 215 North Mason Street -'2nd Floor - P.O. Boxf 580 - Fort Collins, CO 80522 M - (9M) 221-6775 - FAX (9M) 221-6707 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420Statement of Bidder's Qualifications 00430Schedule of Subcontractors 7/96 Section 00410 Page 1 1r ORNAMENTAL METAL FENCE 1" CHAMFER 2 112" 0 X 12 GA. POST 5"X5rr STEEL PLATE, WELD POST TO PLATE ANCHOR BOLT PLATE TO CONCRETE (4 PLACES PER POST) EXPANSION JOINT EXISTING CONC. PAVEMENT u u� N d Z d d EXPANSION JOINT a 2 •I ° — a - FINISH GRADE OF > ° CONCRETE WALK V) d 1 4we BHA DESIGN, INC. 4803 Innovation Dr. Fort Collins, CO 80525 phn (970)223-7577 fax (970)223-1827 #4 x @12" O.C. (5) #4 AS SHOWN j 11 i- '11 1I1-1 1 _ —2 �--I I I _ _ _ —I I - COMPACTED SUBGRADE (95 SPD) CONCRETE RETAINING WALL PROJECT: WEST ELIZABETH BIKE LANES AND STREETSCAPE IMPROVEMENTS PROJECT NO. BID NO, 5851 DATE: APRIL 20, 2004 DESCRIPTION: CONCRETE RETAINING WALL I SCALE: N.T.S. DRAWING NIAd - SKADI bSDE RECORD ARRIE 20 2ooa R&1lONS SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersi ned G. L. Hoff g ComPan; _ as Principal, and Employers Mutual Casualty Company as Surety, are tiereby held and firmly bound unto the City of Fort Collins, Colorado, .v as OWNER, in the sum of $ 5% of total 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 (-tereof to enter into a Construction Agreement for the construction of Fort Collins Project, WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor (:r furnishing materials in connection therewith, and shall in all other raspects perform the Agreement created by the acceptance of said Bid, then t1-.is obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, :for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. s in 7/96 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 28th day of April 200 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: G. L. Hoff Company Address: 1815 W. 12th St. Loveland, C 80537 By-__ _ Title: ATTEST - By. (SE1AI,) SURETY Employers Mutual Casualty Company P.O. Box 370010 Denver, 1CO� 80044 By: _���! Title: Attorney -in -Fact (SEAL) 7/96 Section 00410 Page 3 No Text SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR Landscaping A&M Landscaping Traffic Control Northern Colorado Traffic Control w 7/96 Section 00430 Page 1 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: G.L. Hoff Company 2. Permanent main office address: 1815 West 12th Street, Loveland, CO 80537 3. When organized: January 1984 4. If a corporation, where incorporated: Colorado, 1989 5. How many years have you been engaged in the contracting business under your present firm or trade name? 20 years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) CSU Student Recreation Center Landscape Improvements: $332,606. 8-2004 7. General character of Work performed by your company: Commercial general contractor: we complete 81tefaoik, concrete, carpentry, pro.ject management with our own forces. M Have you ever failed to complete any Work awarded to you? no,, If so, where and why? 9. Have your ever defaulted on a contract? no If so, where and why? Z41110 Are you debarred by any government agency? If yes list agency name. 7/96 no Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. Please refer to the attached information 12. List your major equipment available for this contract. dump truck. CAT 928 loader, CAT 320 Track excavator, backhoes, bobcats, motor grader, grading tractor, concrete pump 13. Experience in construction Work similar in importance to this project: Please refer to the attached information 14. Background -and experience of the principal members of your organization, including officers: Please refer to the attached information 15. Credit available: $ 100',000. 16. Bank reference: Loran Emmons, Bank One Loveland 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? yes If yes, in what city, county and state? Fort Collins, others What class, license and numbers? #t-6 19. Do you anticipate subcontracting Work under this Contract? yes If yes, what percent of total contract? refer to bid information and to whom? 20. Are any lawsuits pending against you or your firm at this time? no If yes, DETAIL 7/96 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL 2 million pliLe 2 million umbreall What company? Travelers, agent: Flood & Peterson Insurance 22. What are your company's bonding limitations? 5 million 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 Loveland this 27th day of April , 20 04 Miriam T.-lioff, Secret State of Colorado County of Larimer Miriam T. Hoff being duly sworn deposes and says that he is Secretary Treasurer of G.L. Hoff Company 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 .27* day of 20Py. otary Public My commission expires /2 7/96 Section 00420 Page 3 G.L. Hoff Company Construction Experience Gregory L. Hoff, President and Construction Manager For the past thirty years, Greg has been involved with all aspects of construction. Greg established G.L. Hoff Company in 1984. Serving as president and project superintendent, Greg is a driving force in the company. Graduating from Northeastern Junior College in 1972 with a degree in Civil Engineering Technology, his early work included surveying and architectural design and drafting. He has held a Class B Commercial Contractor's License with the City of Fort Collins since 1976. Currently, Greg is a licensed contractor in the cities of Loveland, Fort Collins, and Boulder. Prior to 1984, Greg worked with Al Hockett, Inc. initially as an architectural draftsman and progressing to project superintendent. He was also a partner in H&M Builders from 1976 to 1980. This company specialized in custom homes, tenant finish and custom millwork. Beginning in 1984, Greg established G.L. Hoff Company, a commercial general contracting company which specializes in all types of commercial construction including sitework, excavation, structural concrete, and commercial buildings. As president and construction superintendent for G.L. Hoff Company, Greg supervises a wide variety of projects including, schools, churches, city and government projects, city park developments, as well as many light industrial and concrete construction jobs. Greg oversees project scheduling, review of construction procedures and specifications, monitors quality control and safety enforcement on job sites. As president and construction supervisor, Greg works closely with project owners, architects and engineers throughout the project. Greg is an active member of the Loveland construction community. He has volunteered his time to the Loveland Construction Advisory Board for over 15 years. While serving as Chairman, this Board, the city adopted licensing for contractors. He is currently serving on a review committee to study the International Building Code prior to adoption by the City of Loveland. Joel S. Reger, Estimator and Project Manager Joel has a Bachelor of Science Degree in Construction Management from Colorado State University and seventeen years experience in the construction field. He has continued his education with estimating seminars including training with American Building Company's estimating Access workshop. He is also an active member of the Sigma Lambda Chi honorary national construction fraternity. During the past thirteen years, as the chief estimator with G.L. Hoff Company, Joel has compiled bids and development estimates for projects valued at up to five million dollars. As chief estimator, he directs the project bidding process as well as the review of specifications. He also works directly with project management, coordinating proposal requests and change orders with the architect or owner, overseeing material orders to insure that the project is completed in a timely manner and according to specifications. Joel is an important and effective member of every Design -Build project with G.L. Hoff Company. He works closely with the owner and architect to understand project goals and provide detailed project budgets and construction options to meet the owner's needs. Patrick R. Norris, Estimator/Project Manager Pat brings over twenty five years of construction experience to his position as estimator and project manager. His background includes experience with residential, commercial and industrial construction. Pat began his career as a carpenter, form setter and equipment operator. With 18 years working as a field foreman, he has a broad understanding of building methods and materials as well as site safety and personnel management. His knowledge of construction has enabled Pat to be an effective estimator and project manager. During the past 6 years, Pat has bid and managed projects valued up to $ G.L. Hoff Company 2004 Projects CSU Transit Center Construction of parking improvements at the Lory Student Center on the Colorado State University campu s. The scope of work includes site excavation and demolition, grading, landscaping, irrigation system, fencing, and electrical lighting. Owner: City of Fort Collins 215 North Mason Street Fort Collins, CO 80524 Contact: Steve White, Project Manager, 970-221-6273 Contract: $208,761. Completion: 4-2004 Loveland Industries Remodel This remodel is a design -build tenant finish project for United Agri Products, Inc. The work involves the complete remodel of an existing metal building warehouse space into a laboratory. The scope of work includes carpentry, dyrwall, HVAC, plumbing, electrical and all finishes. Owner: United Agri Products, Inc. 14520 WCR 64 Greeley, CO 80631 Contact: Robert Bath, 970-356-8920 ext.201 Contract: $142,817.00 Completion: 4-2004 UNC Apartments Playground Removal of existing playgournd equipment, sitework, concrete, irrigation and installation of new playground equipment. Owner: University of Northern Colorado Greeley, CO 80631 Contact: George Galida, UNC Project Manager, 970-351-1892 Contract: $125,008.00 Completion: 2-2004 1. ORNAMENTAL METAL FENCE 2 1 /2" 0 X 12 GA. POST 1" CHAMFER 5"X5" STEEL PLATE, WELD POST TO PLATE ANCHOR PLANTING AREA BOLT PLATE TO CONCRETE Ar/ If-- (4 PLACES PER POST) EXPANSION JOINT EXISTING/NEW CONC. PAVEMENT III— —I COMPACTED SUBGRADE (95 SPD) #4 AS SHOWN 6.2� ORNAMENTAL METAL FENCE W/MOW STRIP 28 PROJECT: WEST ELIZABETH BIKE LANES DmwwG BR. 400 AND STREETSCAPE IMPROVEMENTS SK.AD2 PROJECT NO. BID NO. DATE: APRIL 20, 2004 rm REco� BHA DESIGN, INC. APRII 20, 2004 4803 Rios, COi 80 25 DESCRIPTION: ORNAMENTAL METAL FENCE W/MOW STRIP Fort Collins, C80525 mt�gNS phn (970)223-7577 fax (970)223-1827 SCALE: N.T.S. Rolland Moore Park Shelter Replacement Remove four existing wood laminate picnic shelters and replace with structural steel shelters for the City of Fort Collins Rolland Moore Park. Owner: City of Fort Collins 215 North Mason, Fort Collins, CO 80521 Contact: Eileen School, Project Manager, 970-416-2062 Contract: $121,962. Completion: 4-2004 G.L. Hoff Company 2003 Projects East Riverside Drive Retaining Wall and Street Rehabilitation Project Construction of approximately 200 feet of 10 foot high retaining wall with associated brick trim and metal top railing along the Big Thompson River. Removal of two city blocks of existing street asphalt. Installation of an 8 inch water line with two hydrants, new service connections to 10 buildings, 3 street inlets and piping. Installation of concrete curb & gutter, drives and pans, sidewalk, and the roadway base course and asphalt pavement along a two block section of East Riverside Drive in Estes Park. Phase One of the project was completed in October and November of 2002 and Phase Two was completed between March and May of 2003. Owner: Town of Estes Park PO Box 1200, Estes Park, CO 90517 Contact: John Spooner, Project Manager, 970-586-9388 Van Horn Engineering and Surveying 1043 Fish Creek Road Estes Park, CO 80517 Contract: $373,388.00 Completion: June, 2003 Butch Butler Press Box and Bleachers Project Construction of a single pre -cast concrete structure for use as a press box at Butch Butler Field in Greeley. The scope of work also included new stadium bleachers and a concrete slab. Owner: City of Greeley Contact: Ted Trujillo, Parks Program Manager, 970-350-9340 1000 loth Street, Greeley, CO 80631 Contract: $108,282.00 Completion: February 2004 Bellvue Hatchery French Drain Installation of a perforated and solid wall drain pipe at the Bellvue Research Hatchery for the Division of Wildlife. Scope of work included sitework and pipeline work. Owner: State of Colorado Division of Wildlife 6060 Broadway, Denver, CO 80216 Contact: Kay Sinclair, 970-472-4433, Fort Collins Contract: $17,073.00 Completion: 10-2003 Routt/Spruce Hall Sewer Line Replacement Completion of sitework and utility work to remove and replace 215 LF of sanitary sewer from Routt Hall to manhole with 6 inch PVC pipe. Owner: Colorado State University 365 Aylesworth SE, Fort Collins, CO 80523 Contact: Michael Davis, Project Manager, Facilities, 970-491-0075 Contract: $54,279.00 Completion: 1-2004 Edwards -Ellis Parking Lot Construction of new parking lot on Colorado State University campus. Scope of work included demolition, sitework, storm drainage, fire line and hydrant, asphalt paving, concrete pavement, irrigation and landscape work. Owner: Colorado State University 365 Aylesworth SE, Fort Collins, CO 80523 Contact: Steve Kiess, Project Manager, Facilities, 970-491-0017 Contract: $282,608. Completion: 9-2003 Fish Creek Pedestrian Trail Construction of a concrete pedestrian trail including sitework, erosion control, culvert installation, rip rap, seeding, fencing, concrete bikeway, curb & gutter and traffic control. Owner: Town of Estes Park 170 MacGregor Ave., Estes Park, CO 80517 Contact: Mike Todd, 970-586-2458 Cornerstone Engineering, 437, S. St. Vrain, Estes Park, CO Contract: $322,056. Completion: 3-2004 SECTION 00500 AGREEMENT FORMS 00510Notice of Award 00520Agreement 00530Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: May 14, 2004 TO: G. L. Hoff Company PROJECT: WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID N0. 5851 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated April 28, 2004, for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851. The Price of your Agreement is Two Hundred Twenty-one Thousand Four Hundred Seventy-six Dollars Seventy-four cents ($221,476.74. Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by May 29, 2004. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER : �B 0 JamOs B. O'Neill II, CPPO, FNIGP irector of Purchasing and Risk Management Title 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 6th day of May in the year of 2004 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and G. L. Hoff Company (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the removal of asphalt sidewalk, concrete sidewalk construction, pavement marking, landscaping, irrigation, installing site furnishings, and construction traffic control on West Elizabeth Street between Shields Street and City Park Avenue in the City of Fort Collins. ARTICLE 2. ENGINEER The Project has been designed by BHA Design, Inc./Sear-Brown, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete by October 15, 2004, and ready for Final Payment and Acceptance in accordance with the General Conditions within 70 calendar days after the date when the Contract Times continence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Three Thousand Eight Hundred Twenty-eight Dollars ($3,828.00) for each calendar day or fraction thereof that expires after the 70 calendar 9/12/01 Section 00520 Page 1 day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Completion: After the City of Fort Collins representative has determined that Substantial Completion has been met, the Contractor has 20 days to reach Final Completion. The Contractor will be charged One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the 20 day period, until the Work is ready for Final Payment and Acceptance. 3) Incentive: A Three Thousand Eight Hundred Twenty-eight Dollars ($3,828.00) per day, or fraction thereof, incentive will be awarded to the Contractor for substantially completing the Work prior to the 70 calendar days bid. The maximum incentive is limited to five percent of the contractor's total bid for the work items. 4) Project Start and Completion Dates: All construction will be approved to begin as early as May 17, 2004, and must be substantially complete by October 15, 2004. The number of calendar days bid must fall within this construction window. The total number of days established by the bidder to complete the work shall not exceed 70 calendar days. 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: ($221,476.74), Two Hundred Twenty-one Thousand Four Hundred Seventy Six Dollars Seventy-four cents, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the 9/12/01 Section 00520 Page 2 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 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 9/12/01 Section 00520 Page 3 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 7.2.4Consent of Surety 7 .2. 5 Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets with the following general title: City of fort Collins West Elizabeth Streetscape Improvements COFC Project No. 30522000 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. 9/12/01 Section 00520 Page 4 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. 9/12/01 Section 00520 Page 5 00330 BID SCHEDULE - ADDENDUM NO. 1 City of Fort Collins West Elizabeth Streetscape Improvements Bid No. 5851 Item No. Description Unit Contract Quantity Estimated Cost Unit Cost Total 201 CLEARING AND GRUBBING LS ] $ $ 202 REMOVAL OF ASPHALT PAVEMENT SY 928 $ $ 202 REMOVAL OF CONCRETE SY 63 $ $ 203 EXCAVATION CY 166 $ $ 203 BORROW TON 350 $ $ 207 FINE GRADING SF 9196 $ $ 207 TOPSOIL (IMPORT) CY 112 $ $ 208 CONCRETE WASHOUT STRUCTURE LS 1 $ $ 208 EROSION CONTROL LS 1 $ $ 210 RESET WHEEL STOPS EACH 37 $ $ 210 ADJUST MANHOLE EACH 1 $ $ 210 ADJUST WATER VALVEBOX EACH 0 $ $ 210 ADJUST JUNCTION BOXES EACH 25 $ $ 210 RESET BENCHES AND BIKE RACKS EACH 3 $ $ 210 RESET BUSINESS SIGNS EACH 6 $ $ 212 TURF SOD SF 6395 $ $ 212 SOIL PREPARATION SF 9196 $ $ 213 WOOD MULCH SF 2151 $ $ 213 GRAVEL MULCH SF 350 $ $ 213 CRUSHER FINES SF 300 $ $ 213 FULL TREE GRATE W/ FRAME EACH 9 $ $ 213 1/2 TREE GRATE W/FRAME EACH 5 $ $ 214 DECIDUOUS TREE (2" CAL) EACH 27 $ $ 214 ORNAMENTAL TREE (1-1/2" CAL) EACH 2 $ $ 214 SHRUBS (5 GAL) EACH 84 $ $ 214 STEEL EDGER LF 121 $ $ 403 HOT BITUMINOUS PAVEMENT (PATCHING) ASPHALT 6° TON 50 $ $ 514 FENCING / PEDESTRIAN RAILING LF 143 $ $ 608 SIDEWALK CHASE LF 91 $ $ 608 CONCRETE SIDEWALK (6 INCH) SY 2459 $ $ 608 CONCRETE APRON SY 51 $ $ 608 CONCRETE CURB RAMP SY 32 $ $ 609 CURB TYPE 2 (6" BARRIER) (SECTION B) LF 50 $ $ 623 IRRIGATION SLEEVES (6" DIAMETER) LF 730 $ $ 630 TRAFFIC CONTROL LS 1 $ $ 630 SIGNS) TRAFFIC CONTROL (SIZE A SPECIALTY EACH 25 $ $ Total Base Construction Cost $ Cents. Dollars and Page 1 of 2 OWNER: CITY OF FORT COLLINS By: JOHN WRCTOR SCHBACH, CITY MANAGER BY: JAMESNEILL II, CPPO, FNIGP D OF PURCHASING AND RISK IT&E[ENT Date: 6y Attest: Address P. O. Bo Fort Col Approved as to Form Assis'ant i y Attorneyi y Attorney 9/12/01 By: L. HOf�lnpn Title: Title:�r2Mi2, y Date:_J'7. (CORPORATE SEAL) Address for giving notices: LICENSE NO.: S Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851 To This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be , and 20, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR By: Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615Payment Bond 00630Certificate of Insurance 00635Certificate of Substantial Completion 00640Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660Consent of Surety 00670Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. S321861 KNOW ALL MEN BY THESE PRESENTS: that (Firm) G. L. Hoff Company (Address) 1815 W. 12th St., Loveland, CO 80537 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Box 370010, Denver, CO 80237-0010 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of $221,476.74 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 wherE��as the Principal entered into a certain Agreement with the OWNER, dated the 6 day of 20 y, a copy of which is hereto attached and made a part hereof of� r the performance of The City of Fort Collins project, WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR — shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. I. - PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) count rparts, each — one of which shall be deemed an original, this /,2M day of '�f�tW IN PRESENCE OF: Principal G. �L._ Hoff Comvan (Title 1815 W. 12th St., Loveland, CO 80537 (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: IN PRE Si/ Surety Emplgffers Mutual Casualty Company By.. witness CX P.O. Box 370010, Denver, CO 80237LOO10 (Address) (Surety Seal) — NOTE: Date of Bond must not be prior to date of Agreement. �. I£ CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. S321861 KNOW ALL MEN BY THESE PRESENTS: that (Firm) G. L. Hoff Company (Address) 1815 W. 12th St., Loveland, CO 80537 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Box 370010, Denver, CO 80237-0010 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave. Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of $221,476.74 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 wherVas the Principal entered into a certain Agreement with the OWNER, dated the & day of , 20,W, a copy of which is hereto attached and made a part hereof or the performance of The City of Fort Collins project, WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates — and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications + accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each — one of which shall be deemed an.original, this day of 201XI IN PRESENCE OF: j Pr nc pal B �: \.� . _Hcyf f Comp" { lrJ�ivt /, • y � .. (Corporate Seal) IN PRESENCE OF: itle) 1815 W. 12th St., Loveland, CO 80537 (Address) Other Partners IN PRE OF: Surety n/ Empl yers Mutual Casualty Company B y :__ Witness al" P.O. Box 370010, Denver. CO 80237-QO10 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 /EMCInsurance Companies P.O. Box 712 • Des Moines, IA 50303-0712 �©' 5 4.5 4 6 G CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 2, EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 3. Union insurance Company of Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance Compare : An DI1iat rporafion 4. Illinois EMCASCO Insurance Company, an Iowa Corporation t)ereioafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute 'and appoint CHRIS RICHMOND, RUSSELL MICHELS, DARLENE KRINGS, DIANE CLEMENTSON, INDIVIDUALLY, FORT COLLINS, COLORADO..... its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS ...................... ($10,000100000) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant tome authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2006 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies;;at.a regularly scheduled meeting of each"company duly called and held in 1999: RESOLVEO:'The President and Ghef Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty,Company shall have power and authority to t1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the:Company thereto, bonds pow r undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fad shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certifed c.opy,of any power-of-attomey ofthe Company, shall be valid and binding upon the Company with the same force and affect as though manually;effixed. IN y1f1�AESS'WHEREOF, the C have caused these pfits to be signed for each by their officers as shown, and the Corporate seals th be hereto affixed this day of � Seals s�o',Ns Aq Pic co of ,,�iY'8'�Q., Bruce G. Kelley, C airman J ey S. Birdsley PUR �` " Pa' q c` s of Companies 2 3, 4 5 & 6; resident Assistant Besets�I 4�f Rot O - O:pOPPORgt L r•: '.) z of Company 1; Vice Chairman and r SEAL b o : 1863 " c , 1953 t CEO of Company 7 •.,. a i <� twin �_ "s �i%, ,, o ;° 'JUWP . • - •,, lows `� '. p q „,,17th AD 20M Janus On this day of Januarybefore, me a Q\q�5q uxNCeC"o Q`��NS U?Ary�� QS�J.,1�Ae cys,,, Notary Public in nd for the State of Iowa, personally appeared Bruce G. elie and Jeffrey S. Birdsley, who, being by me duly swom, did say that they are, and'are known to me to bethe ' Chairman, President, Vice Chairman and CEO, and/or Assistant Secrets respectively, of W ; SEAL ? a; SEAL a ;; SEAL ; o each of The Companies above; that the seals affixed to this instrument are ry the seats of said owA �' o °cry oaKo ' bsMOjNES �01 corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S, Birdsley, as such officers, acknowledge the execution of sold instrument to be the. U voluntary act and deed of each of the Companies. My Commission Expires September 30, 2003. 4 RUTA KRUMINS Commission Number 176255v�_ _ ) Notary Public in and for the State of Iowa ' CERTIFICATE I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the tdiksRowcer ofAftouiev issued.oursuanttharetn rev. January 17, 2003 and effect. d my name and affixed the facsimile seal of each Company this LZ day of M, 1 4z`,�` Vice -President SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page l Client#- 24740 GLHOF ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE 5/17104DDmvr) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc 4821 Wheaton Drive ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 270370 Fort Collins, CO 80527 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Travelers Insurance G.L. Hoff CO. 1815 W 12th Street INSURER B: Plnnacol Assurance INSURERC: Fireman's Fund Insurance, Co. P.O. Box 7448 Loveland, CO 80537 INSURER D: INSURER E: COVERAGES 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICYEXPIRATION DD LIMITS A GENERAL LIABILITY DTC0324D9364TIL04 01101/04 01101/05 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR DPREMISE EaAMAGE TO RENTEDnc.I a300 000 MED EXP (Any one person) $5 000 PERSONAL & ADV INJURY $1 OQO O00 X PD Ded:2,500 GENERAL AGGREGATE $2 DOD OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY X Eoi LOC A AUTOMOBILE LIABILITY ANY AUTO DT810784F8171TIL04 01/01/04 01/01/05 COMBINED SINGLE LIMIT (Ea accident) $1 r000 rOOO X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS X BODILY INJURY (Peraccident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ A EXCESSIUMBRELLA LIABILITY DTSMCUP324D9364TIL 01/01/04 01/01/05 EACH OCCURRENCE $2000000 X OCCUR CLAIMS MADE - AGGREGATE s2,000,000 $ $ DEDUCTIBLE $ X RETENTION $ 1 D O00 B WORKERS COMPENSATION AND 2242590 01/01/04 01/01/05 )( I WC S�TAMIT OTH- EEL EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $500,000 E.L. DISEASE -EA EMPLOYEE a500000 OFFICER/MEMBER EXCLUDED? If yyes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500,000 C OTHER MX198470488 01101104 01101/05 $1,500,000 Limit Builder's Risk $ 1,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: #5851 West Elizabeth Streetscape Improvements Certificate holder is named as additional insured, but only as respects liability arising out of work performed by the named insured (Excluding Workers' Compensation). City of Fort Collins PO Box 580 Fort Collins, CO 30522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'AR DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001108) 1 of 2 #S281987/M277572 0 ACORD CORPORATION 1988 00330 BID SCHEDULE - ADDENDUM NO. 1 City of Fort Collins West Elizabeth Streetscape Improvements Bid No. 5851 Signed Company Address Phone/Fax Check One: Individual Doing Business in Company Name Corporation Partnership A+BBID The sum of these two amounts will be used to determine the lowest successful bidder according to the following formula: A + [B x (the daily cost)] = Contractor's bid for evaluation for the lowest successful bidder Where: A = Contractor's total bid for the work items B = Number of Calendar Days required to substantially complete the Work Daily Cost for this Project = $3,828.00 The above formula will be used solely for the purpose of determining the lowest successful bidder and will have no effect on the actual total bid cost for completing the work. A = Total Base Construction Cost $ B = Total Number of Calendar Days Bid = Total number of calendar days bid (B) x $3,828.00 = $ TOTAL PROJECT COST = A + [B x (the daily cost)] _ $ BID ALTERNATES Item No. Description Unit Contract Estimated Cost 622 BENCH SEATING (ALTERNATE) EACH Quantity 4 Unit Cost $ Total 608 UPGRADES TO SIDEWALK (COLOR) $ ALTERNATE S� 2459 $ $ Page 2 of 2 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substan- tially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO Gentlemen: 20 You are hereby notified that on the day of 20 the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: Citv of Fort Collins By: Title: ATTEST: Title: 7I96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851 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, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 7/96 Section 00650 Page 1 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 ATTEST: Secretary STATE OF COLORADO day of CONTRACTOR By: Title: )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: 7/96 , 20 day of Notary Public Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: WEST ELIZABETH STREETSCAPE IMPROVEMENTS; BID NO. 5851 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of 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) wo 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 if2J96) COLORADO DEPARTMENT OF REVENUE DENVER GO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(M) A DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. RegfstratbnlAccount No. (to be assigned by OOR) Period t1170-750 (999) $0.00 89 - 3 `1.�/!�y�, LiG Y e. SY �{. 5 t,T✓$,lX pn '}J`� i Lfa.'!S. d4 3 : h # ,. .. J s b' 1 4�MI� +yy y*.u+4 neVR]W��H�.yV'Sd 'iqy .4�..: dam: ,s.:.� .'.+} .., i#`V.... - ...:c .s }1J-.. �.�`6�n,'.}.y�1 4 .F iii _ h. °..:4.. 4 Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employers identification Number: Bid amount for your contract: Fax number. Business telephone number: Colorado withholding tax account number: ii#t .. 2 1t19 o Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project SKS (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: completion date: ..0 r-:.'. .e:,•? l.nx•.e„v-�M�Yi'"n.:NN: non �ATi�s �iF 3',�h Y:a .i .e �. i�':.� I declare under penally 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; pate: DO NOT WRITE BELOW THIS LINE 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 I . DEFINITIONS..................................................... 1 2. PRELIMINARY MATTERS ................................ 3 1.1 Addenda.............................................1 2.1 Delivery of Bonds ............................. 1.2 Agreement..........................................1 2.2 Copies of Documents ......................... 3 1.3 Application for Payment.......................1 2.3 Commencement of Contract 1.4 Asbestos.............................................1 Times; Notice to Proceed...,,_,.,.,.,,. 3 1.5 Bid ................... ........ ... .......1 2.4 Starting the Work..... ................ 3 1.6 Bidding Documents ..............................1_ 2.5-2.7 Before Starting Construction; 1.7 Bidding Requirements .........................1 CONTRACTORs Responsibility 1.8 Bonds.................................................1 to Report; Preliminary Schedlles; 1.9 Change Order,.,,,,.. ,,,,,,,, ,,,,,,,,,,I Delivery of Certificates of 1.10 Contract Documents ............................i Insurance,,,,,,,,,,,,......I...... I ......... 3-4 1.11 Contract Price ........ ......... .........*1 2.8 Preconstruction Conference,,,.,,,__,_.. 4 1.12 Contract Times....................................1 2.9 Initially Acceptable Schedules .......... 4 1.13 CONTRACTOR,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 1.14 defective.............................................1 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings............................................1 AMENDING, REUSE .......................................... 4 1.16 Effective Date of the Agreement.......... 1 3.1-3.2 Intent . .................................* ...... ,,, 4 1.17 ENGINEER ......................................... 1 3.3 Reference to Standards and Speci- 1.18 ENGINEER's Consultant ......................I fications of Technical Societies; 1.19 Field Order,,,,,,,,,,,,,,,,,,,,,,,,*....._-,,......, 1 Reporting and Resolving Dis- 1.20 General Requirements .......... .............2 crepancies.......................... ,,,,-„4-5 1.21 Hazardous Waste.,, ........ .......-_.2 3.4 Intent of Certain Terms or 1.22.a Laws and Regulations; Laws or Adjectives.....................................5 Regulations ...................................... 2 3.5 Amending Contract Docunents......... 5 1.22.b Legal Holidays .................................... 2 3.6 Supplementing Contract 1.23 Liens.................................................2 Documents ....................... I ........... 5 1.24 Milestone...................................„...,,,_2 3.7 Reuse of Documents ........... ............. 5 1.25 Notice of Award .................................. 2 1.26 Notice to Proceed.... ............................. 2 4. AVAILABILITY OF LANDS; 1.27 OWNER.............................................2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization 2 REFERENCE POINTS ......................................... 5 1.29 PCBs .................................................. 4.1 Availability of Lands ..................... 5-6 1.30 Petroleum...........................................2 4.2 Subsurface and Physical 1.31 Project................................................7 Conditions .................................... 6 1.32.a Radioactive Material ............................2 4.2.1 Reports and Drawings,,,,,,,,,.,..,,,..„..6 1.32.b Regular Working Hours ........ .......... 2 4.2.2 Limited Reliance by CONTRAC- 1.33 Resident Project Representative,,,,,,,,,,,, 2 TOR Authorized; Technical 1.34 Samples..............................................2 Data ............................................. L35 Shop Drawings ................................... 2 4.2.3 Notice of Differing Subsurface 1.36 Specifications.....................................2 or Physical Conditions ,,,,,,.,,,..,,.,_,6 1.37 Subcontractor 2 4.2.4 ENGINEER's Review ......6 1.38 Substantial Completion ......................... 4.2.5 Possible Contract Documents 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,, 2 Change .................................... ,.,,,6 1.40 Supplier .............................. ...........2 4.2.6 Possible Price and Times 1.41 Underground Facilities .....................2-3 Adjustments ............................... 6-7 1.42 Unit Price Work .... ......... ..........3 4.3 Physical Conditions --Underground 1.43 Work..................................................3 Facilities.......................................7 1.44 Work Change Directive ........................ 4.3.1 Shown or Indicated .......................... 7 1.45 Written Amendment ............................ 4.3.2 Not Shown or Indicated .................... 4.4 Reference Points ................................ 7 ii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) to H Z W uj m ix LU U a Z W a cc Za Q N M F c} U O VULL ��O N LUI�a�� VLL=OJT Q O m .. (D Z Q Q z W N E O W m _j � a w � !n g Q ; Q W Z Lf) N Q m 0 U d .o a t� N J V A e1 tt S S O w LIN m 00 �` Nb _ M N O7 N Crr N h 7` W 1 1 r� 1 \ 4 �' ✓1 w K h S S o 43 JV CJ w 3 � v►' cN. 1 m `^ t� 3 ioqr G 5 � N _j � (f d W 12 J li W 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 OWNER's Liability Insurance .............. 9 Submittals ................................... 17 5.6 Property Insurance ......................... 9-10 6.29 Continuing the Work ...................... 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance .......... *...10 Warranty and Guarantee .............. 17 5.8 Notice of Cancellation Protision.........10 6.31-6.33 Indemnification .........................17-18 5.9 CONTRACTORs Responsibility 6.34 Survival of Obligations ...................18 for Deductible Amounts ................... 10 5.10 Other Special Insurance .....................10 7. OTHER WORK ................................................. 18 5.11 Waiver of Rights„..............................11 7.1-7.3 Related Work at Site ....................... 18 5.12-5.13 Receipt and Application of 7.4 Coordination.................................18 Insurance Proceeds .....................10-11 5.14 Acceptance of Bonds and Insu- 8. OWNER'S RESPONSIBILITIES.........................18 ance; Option to Replace ................... 11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR ................................ 18 Insurance 8.2 Replacement of ENGINEER ........... .18 ........................................11 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............I I When Due .................................. 18 6.1-6.2 Supervision and Superintendence "'i... 11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment..- 11-12 and Tests ...... ...................... ...18-19 6.6 Progress Schedule..............................12 8.5 Insurance............--........................19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders.......... I....................19 CONTRACTOR's Expense; 8.7 Inspections, Tests and Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation.............12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services......................................19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights ............... ........ ..13-14 Responsibilities ............................ 19 6.12 Patent Fees and Royalties....................14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits Hazardous Waste or 6.14 .............................................14 Laws and Regulations ........................14 Radioactive Material .................... 19 6.15 Taxes .......... ........14-15 8.11 Evidence of Financel 6.16 ......................... Use of Premises ................................. 15 Arrangements............................. 19 6.17 Site Cleanliness ................ *........ .... ... 15 6.18 Safe Structural Loading.....................15 9. ENGINEER'S STATUS DURING 6.19 Record Documents CONSTRUCTION ............................. ................. 19 6.20 .............................15 Safety and Protection ... ... ..... .........15-16 9.1 OWNER's Representative............... 19 6.21 Safety Representative ..................... 16 9.2 Visits to Site............................ - .19 6.22 Hazard Communication Program* ...... 16 9.3 Project Representative ...............19-21 6.23 Emergencies.....................................16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Samples..............16 tations......................................... 21 9.5 Authorized Variations in %rk........ 21 G� A u1 EJCDC GENERAL CONDITIONS 19I0-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) u Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ........„........21 9.7-9.9 Shop Drawings, Change Orders and Payments,,,,*, *'........................ 21 9.10 Determinations for Unit Prices 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEER'S Authority and Responsibilities..._ 22-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change................23 10.2 Claim for Adjustment ........................ 23 10.3 Work Not Required by Contract Documents ..................................... 23 10.4 Change Orders ......................... .......23 10.5 Notification of Surety ........................ 23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ................................... 23-24 11.4 Cost of the World ..........................24-25 11.5 Exclusions to Cost of the Work ............ 25 11.6 CONTRACTOR's Fee ........................ 25 11.7 Cost Records 25-26 11.8 Cash Allowances .............. I...............26 11.9 Unit Price Work ................................. 26 CHANGE OF CONTRACT TIMES ,......,.„.................26 12.1 Claim for Adjustment ........................ 26 12.2 Time of the Essence .......................I..26 12.3 Delays Beyond CONTRACTOR's Control ...................................... 26-27 12.4 Delays Beyond OWNER's and CONTRACTOR's Control27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK..................................................27 13.1 Notice 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 CONfRACTOR's Responsibilities ......... ......................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval.................27 iv 13.8-13.9 Uncovering Work at ENGI- NEER's Request .....................27-28 13.10 OWNER May Stop the Work .......... *28 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period '*.......*....*...........28 13.13 Acceptance ofDefective Work.........28 13.14 OWNER May Correct Defective Work... .......... ....................... 28-29 t4. PAYMENTS TO CONTRACTOR AND COMPLETION ...... ........................................... 29 14.1 Schedule of Values .........................29 14.2 Application for Progress Payment ..................................... 29 14.3 CONTRACTOR's Warranty of Title...........................................29 14.4-14.7 Review of Applications for Progress Payments .................. 29-30 14.8-14.9 Substantial Completion .................. 30 14.10 Partial Utilization*.....................30-31 14.11 Final Inspection ........ I . ...............31 14.12 Final Application for Paymenl........ 31 14.13-14.14 Final Payment and Acceptanc@....... 31 14.15 Waiver of Claims „..,...,._.._„.„.„31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspend Work ...... .,..32 15.2-15.4 OWNER May Terminate ................ 32 15.5 CONTRACTOR May Stop Work or Terminate 32-33 16. DISPUTE RESOLUTION .., 33 17. MISCELLANEOUS ....... ...... ...............„.,,,,_,,,,.„33 17.1 Giving Notice .......... I ..................... 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 IT6 Applicable State Laws ............... 33-34 Intentionally left blank ...................... I................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement .................... GC -AI 16.1-16.6 Arbitration ........... .................. GC -Al 16.7 Mediation .................... ........... OC-A1 EJCDC 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 Insurance........................................5.14 defective Work............................10.4.1, 13.5, 13.13 final payment........................................9.12, 14.15 insurance.........................................................5.14 other Work, by CONTRACTOR ..............I...........7.3 Substitutes and "Or -Equal" Items.....................6.7.1 Work by OWNER..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ............................................. 4.1 site, related Work...............................................7.2 Work .............13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR...................................6.9.1, 9.13.3 ENGINEER..........................................6.20, 9,13.3 OWNER....................................................4.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ................................. 5.7 Adjustments -- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, 9.4, 9.5, 10.2-10.4, .............................4.5.3, 11, 12, 14.8, 15.1 progress schedule ............................. I ................. 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy form...........................5.6•2 Allowances, Cash....................................................11.8 Amending Contract Documents ................................ 3.5 Amendment, Written -- in general ................ 1:10, 1.45, 3.5, 5.10, 5.12, 6.6.2 6.19, 10.1, 10.4, 11.2 ...................I......6.8.2, 13.12.2, 14.7.2 ..................................12.1, Appeal, OWNER or CONTRACTOR.. intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of .......................................... I ....... I .... 1.3 ENGINEERS 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 reviewof ................................................. Arbitration....................................................16.1-16.6 Asbestos -- claims pursuant thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of .............................. .......................... I.A Article or Paragraph Number OWNER responsibility for.............................4.5.1, 8.10 possible price and times change ....................... 4.5.2 Authorized Variations in Work,.....,., 3.6, 6.25, 6.27, 9.5 Availability of Lands ......................................... 4.1, 8.4 Award, Notice of--defined.......................................1.25 Before Starting Construction, ..............................2.5-2.8 Bid --definition of........................1.5 (1.1, 1.10, 2.3, 3.3, ....................... 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of .................1.6 6.8.2 Bidding Requirements --definition of..........................................1.7 (l.l, 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds..................................10.5, 11.4.5.9 Cost of the Work............................................11.5.4 definition of.......................................................1.8 delivery of...................................................2.1, 5.1 final Application for Payment ....... I .......... 14.12-14.14 general......................................1.10, 5.1-5.3, 5.13, 9.13, 10.5, 14.7.6 Performance, Payment and Othe;...................5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form ........................5.6.2 Cancellation Provisions, Insurance........ 5.4.11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion; ........ 1.38, 6.30.2.3, ...14.8, 14.10 ............................................. Certificates of Inspection ...................9.13.4, 13.5, 14.12 Certificates of Insurance.............2.7, 5.3, 5.4.11, 5.4.13, .......................5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances...............................................11.8 claim for price adjustment..,.....,,.- 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ................... 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, ........... ,13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTOWs fee.........................................11.6 Cost of the Work general ..................................... I .......... 11.4-11.7 Exclusions to .............................................. 11.5 Cost Records ................................. .................... 11.7 in general.............1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety.........................................10.5 Scope of....................................................10.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ,_� e Unit Price Work...........................................11.9 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 limits.....................................12.2 Delays beyond CONTRACTOR's control........................................................12.3 Delays beyond OWNER's and CONTRACTOR's control ............................ 12.4 Notification of surety ........................................ .10.5 Scope of change ......... ................... ............ 10.3-10.4 Change Orders -- Acceptance ofLiefective Work ..........................13.13 Amending Contract Documents ..........................3.5 Cash Allowances., ................... ...................11.8 Change of Contract Price.....................................11 Change of Contract Times ......................... Changes in the Work..........................................10 CONTRACTOR's fee........................................11.6 Cost of the Work.......................................11.4-11.7 Cost Records....................................................11.7 definitionof ...................................................... 1.9 emergencies.................................................... 6.23 ENGINEER's responsibility ....... 9.8, 10.4, 11.2, 12.1 executionof.....................................................10.4 Indemnifiction .........................6.12, 6.16, 6.31-6.33 Insurance, Bonds and ....................... 5.10, 5.13, 10.5 OWNER may terminate .............. ................ 15.2-15.4 OWNER's Responsibility .............................8.6, 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities--.............................4.3.2 Record Documents..,., 6.19 Scope of Change,.,,,.. ........ ............10.3-10.4 Substitutes.............................................6.7.3, 6.8.2 Unit Price Work ............................... 11.9 value of Work, covered by ................................. 11.3 Changes in the Work.................................................10 Notification of surety.........................................10.5 OWNER's and 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 against OWNER ................................................ 6.32 Change of Contract Price ........................... 9.4, 11.2 Change of Contract Times .......................... 9.4, 12.1 CONTRACTOR's.............4, 7.1, 9.4, 9.5, 9.11, 10.2, ...........................11.2, 11.9, 12.1, 13.9, 14.8, ............................................15.1, 15.5, 17.3 vi CONTRACTOR's Fee.......................................11.6 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 ..... ... ........... ......... ...... ........„ 16.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpretor............ .......I...9.11 Lump Sum Pricing.........................................11.3.2 Notice of ......................................................... 17.3 OWNER'S ................... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9 ........................12.1, 13.9, 13.13, 13.14, 17.3 OWNER'S liability .............................................. 5.5 OWNER may refuse to make payment .................14.7 Professional Fees and Court Costs Included .....................................................17.5 request for formal decision on ...... I.....................9..11 Substitute Items .. ............................. ............6.7.1.2 Time Extension .. .. .............................................12.1 Time requirements ................................... 9,11, 12.1 Unit Price Work ............................... ..............11.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment.................14.14, 14.15 Work Change Directive......... ......10.2 written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretations..,....,,,,, 3.6.3, 9.4, 9.11 CleanSite............................................................0..17 Codes of Technical Society, Organization or Association.................................... .............3.3.3 Commencement of Contract Times ...........................2.3 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs ......................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............................................14.15 Computation ofTimes ..,..*"......................17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others .............................. ............... 6.8-6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconstructi on ................................................... 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report ......................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR ..... ...... .................................2.5-2.7 Construction Machinery, Equipment, etc .................. 6.4 Continuing the Work......................................6.29, 10.4 Contract Documents- Amending..........................................................3.5 Bonds 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 general3 Insurance...........................................................5.3 Intent .....................3.1-3.4 ................................... minor variations in the Work ............................. 3.6 OWNER's responsibility to furnish data••,•,•._...•. 8.3 OWNER's responsibility to make prompt payment .......................... $ 3, 14.4, 14.13 precedence................................................3.1, 3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications of Technical Societies ................................... 3.3 Related Work.. ...................................................7.2 Reporting and Resolving Discrepancie5,.......2.5, 3.3 Reuse of .............................. 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..........................................................11 Decision on Disputes ................................ I.......9.11 definition of.....................................................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• .......................... I ........ 5.14 Communications ....................................... 6 2 6.9.2 Continue Work........................................6.29, 10.4 coordination and scheduling............................6.9.2 definition of....................................................1.13 Limited Reliance on Technical Data Authorized .,,•••••.................................4.2.2 May Stop Work or Terminate............................1.5.5 provide site access to others .......................7.2, 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 vii Stop Work requirements..................................4.5.2 CONTRACTOR's— Article or Paragraph Number Compensation ....................... I .................... 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 condition$...................................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 ......................6.22 Indemnification ........................6.12, 6.16, 6.31-6.33 Inspection of the Work...............................7.3, 13.4 Labor, Materials and Equipment ....................6.3-6.5 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 theWork....................................................6.30 Patent Fees and Royalties, paid for by................6.12 Performance and Other Bonds, ............................ 5.1 Permits, obtained and paid for by.......................6.13 Progress Schedule ...........................2.6, 2.8, 2.9, 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 ..........................6.29, 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 ............................................... 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items.............................6.7.3 For Acts and Omissions of Others ............... .............. 0.9.1-6.9.2, 9.13 for deductible amounts, insurance...................5.9 general........................................0, 7.2, 7.3, 8.9 Hazardous Communication Programs,......... 6.22 Indemnification...................................6.31-6.33 E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment..............6.3-6.5 Laws and Regulations..................................6.14 Liability Insurance ......... ......... ........ 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties.... .......................... 6.12 Permits.......................................................6.13 Progress Schedule.........................................6.6 Record Documents ...................................... 6.19 related Work performed prior to ENGINEER'S approval of required submittals.............................................0.28 safe structural loading ................ .............. ._.6.18 Safety and Protection .................... 6.20, 7.2, 13.2 Safety Representative...................................6.21 Scheduling the Work ......... ... ................ ........6.9.2 Shop Drawings and Samples ......_„ ....., 6.24 Shop Drawings and Samples Review by ENGINEER ..................................... 6.26 Site Cleanliness .......................................... 6.17 Submittal Procedures.. ..... ........................... 6.25 Substitute Construction Methods and Procedures6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence , 6.2 Supervision...................................................6.1 Survival of Obligations................................6.34 Taxes .................. Tests and Inspections...................................13.5 To Report .................. .................................. 2.5 Use of Premises .....................6.16-6,18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim ............. 4, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, ..........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 Procedures 6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ._,,......6.8-6.11 Supervision and Superintendence ......... .1, 6 6.2, 6.21 Taxes, Payment by............................................6.15 Use of Premises ........................................ 6.16-6.18 Warranties and guarantees ......................... 6.5, 6.30 Warranty of Title..............................................14.3 Written Notice Required -- CONTRACTOR stop Work or terminate .... ,... 15.5 Reports of Differing Subsurface and Physical Conditions .......................4.2.3 Substantial Completion... ............ 4................ 14.8 CONTRACTORS --other . , , , , Contractual Liability Insurance..............................5.A.10 Contractual Time Limits.........................................12.2 Article or Paragraph Number Coordination— CONTRACTOR's responsibility ........................6.9.2 Copies of Documents ............. .......... ................2.2 Correction Period..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general...................................10.4.1, 13.10-13.14 Acceptance ofDefective Work .......................... 1.3.13 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 ......... .............. ............... ..... .11.4.2 CONTRACTOR's Fee ....................................... 11.6 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... ...I..., ........11.4.2 Minor expenses...........................................11.4.5.8 Payroll costs on changes.......** . ............. *....... 11.4.1 performed by Subcontractors ...........................1.1.4.3 Recordsll.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary facilities ............ ..11.4.5.2 Special Consultants, CONTRACTOR's_,, ... ....... 11.4.4 Supplemental ................................. ..........11.4.5 Taxes related to the Work............................11.4.5.4 Tests and Inspection.... ..................................... .13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities............ 11.4.5.7 Work after regular hours.................................11.4.1 Covering Work ..... ............................ .............. 13.6-13.7 Cumulative Remedies ........ ..... *,.,....,,,,,,...,..._..17.4-17.5 Cutting, fitting and patching ... ........ ..............7.2 Data, to be furnished by OWNER .... ........................... $ 3 Day --definition of................................................17.2.2 Decisions on Disputes...... *.... *........................ 9.11, 9.12 defective --definition of...........................................1.14 defective Work -- Acceptance of .................................. .10.4.1, 13.13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of. ..................... J[0.4.1, 13.11 Correction Period ............ . ........ .............13.12 in general.........................................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defects....., ... ...**"*........13.1 Rejecting...........................................................9.6 Uncovering the Work........*..............................13.8 Definitions................................................................ I Delays......................................4.1, 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance ............................2.7 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions-- Noticeof ....................................................... 4.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Documents Change ............... .2.5 Possible Price and Times Adjustments..............4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14.2 Dispute Resolution— Agreemenk...............................................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 .............. .................................... I ........ .2 Record 6.19 Reuseof........................................................... 3.7 Drawings --definition of.................I........................1.15 Easements.............................................................4.1 Effective date of Agreement -- definition of .............1.16 Emergencies...........................................................0..23 ENGINEER -- as initial interpreter on disputes ................ 9.11-9.12 definition of....................................................1.t7 Limitations on authority and responsibilities ...... 9.13 Replacement of .................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of..................1.19 ENGINEER's-- authority and responsibility, limitations on ........ 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for....... 9.7, 10, 11, 12 Clarifications andlnterpretations ..............3.6.3, 9.4 Decisions on Disputes. ..................... I ........ 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items ..............11.1........6.7.3 Liability ............. .. .................... ................6.32, 9.12 Notice Work is Acceptable...............................14.13 Observations...........................................6.30.2, 9.2 OWNER's Representative....................................9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9, 14 Recommendation of Payment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on.................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions.............................4.2.4 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status During Construction -- authorized variations in the Work..................9.5 Clarifications and Interpretations ..................9.4 Decisions on Disputes ................... I..... 9.11-9.12 Determinations on Unit Price ....... ..........9.10 ENGINEER as Initial Interpreter....... ..9.11-9.12 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 determinations.................................9.10 Visits to Site ...................................................... 9.2 Written consent requireq..............................7.2, 9.1 Equipment, Labor, Materials and., ...................... 6.3-6.5 Equipment rental, Cost of the Work .................. 11.4.5.3 Equivalent Materials and Equipment .........................6.7 error or omissions..................................I...............0.33 Evidence of Financial Arrangements .......................8.11 Explorations of physical conditions ....................... 4.2.1 Fee, CONTRACTOR's--Costs Plus, .......................... 11.6 Field Order -- definition of:....................................................1.19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment .............................. 14.12 Final Inspection...................................................14.11 Final Payment -- and Acceptance ................. .................... 14.13-14.14 Prior to, for cash allovances..............................11.8 General Provisions..........................................17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references to.............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ................................. I...................17.1 Guarantee of Work --by CONTRACTOR........ 6.30, 14.12 Hazard Communication Programs ...........................6.22 Hazardous Waste -- definition of.....................................................1.21 general............................................................. 4.5 OWNER's responsibility for...............................8.10 ix EICDCGENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ^f NO M Indemnification..............................4.12, 6.16, 6.31-6.33 Initially Acceptable Schedules...................................2.9 Inspection -- Certificates of..............................9.13.4, 13.5, 14.12 Final....... .........................................14.11 Article or Paragraph Number Special, required by ENGINEER .........................9.6 Tests and Approval .................. ........8.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work............................................11.4.5.9 Before starting the Work.......... I.........................2.7 Bonds and --in general ......... ......... ..........5 Cancellation Provisions ...................................... 5.8 Certificates of ................. 2.7, 5, 5.3, 5.4.11, 5.4.13, ........................5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations............................I........5.4.13 CONTRACTOR's Liability..................................5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability......................................5.4.10 deductible amounts, CONTRACTOR's responsibility................................................5.9 Final Application for Payment ..........................14.12 Licensed Insurers ................................................ 5.3 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace.............................................5.14 other special insurances...............................I....5.10 OWNER as fiduciary for insureds ............5.12-5.13 OWNER's Liability............................................5.5 OWNER's Responsibility................................_.8.5 Partial Utilization, Property Insurance...............5.15 Property ............................... ....................... 5.6-5.10 Receipt and Application of Insurance Proceeds .............................................. 5.12-5.13 Special Insurance ............................................. 5.10 Waiver of Rights..............................................5.11 Intent of Contract Documents .............................. 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...................................................8.4 Availability of............................................4.1, 8.4 Reports and 'rests...... 4....................... .............. ...8.4 Laws and Regulations --Laws or Regulations-- Bonds................ Changes in the Work........................................10.4 Contract Documents ......... ...................„..,,,_.......3.1 CONTRACTOR's Responsibilities .....................0.14 Correction Period, defective Work....................13.12 Cost of the Work, taxes............ I ................... 11.4.5.4 definition of.....................................................1.22 general6.14 Indemnification...... „ ............................;... 6.31-6.33 Insurance.......................................................... 5.3 Precedence................................................3.1, 3.3.3 Referenceto....................................................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 ................ ......... ............ 6.16 Visits to Site ..................... ................................ 9.2 . Liability Insurance-- C ONTRACTOR's............................................... 5.4 OWNER's...........................................................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 ......................... 1.4.12 definition of ..................... ....... ............. 1.23 Waiver of Claims............................................14.15 Limitations on ENGINEER's authority and responsibilities................................................. 9.13 Limited Reliance by CONTRACTOR Authorized ...................................................... 4.2.2 Maintenance and Operating Manuals -- Final Application for Payment ........................1.4.12 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 orequipment--equivalent...........................6.7 Mediation (Optional)..............................................16.7 Milestones --definition of ........................................ 1.24 Miscellaneous— Computation of Times ....................................... 17.2 Cumulative Remedies ........................................ 17.4 Giving Notice ..... ........ ......... .I.......,,,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,........, „ ...... .............1.25 Claim ........................................ 17.3 Defects,13.1 Differing Subsurface or Physical Conditions ....... 4.2.3 Giving.......................................... .............17.1 Tests and Inspections.......................................13.3 Variation, Shop Drawing and Sample ................ 6.27 Notice to Proceed -- definition of ..................................................... 1.26 givingof ........................................................... 2.3 EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) w/ CITY OF FORT COLLINS N40DIFIC.ATIONS (REV 9/99) Notification to Surety..............................................10.5 Observations, by ENGINEER...........................6.30, 9.2 Occupancy of the Work ................... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR................6.9, 9.13 Open Peril policy form, Insurance ........................ _ .6.2 Option to Replace ................................................... 5.14 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work --prohibition of.................................6.3 OWNER -- Acceptance of defective 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......................................................5.3 May Correct Defective Work...........................13.14 May refuse to make payment.............................1.4.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate ......... ...............8.8, 13.10, 15.1-15.4 Payment, make prompt.....................8.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements ....................6.13 purchased insurance requirements ...............5.6-5.10 OWNER's-- Acceptance of the Work..............................6.30.2.5 Change Orders, obligation to execute .......... 8.6, 10.4 Communications ............................................... 8.1 Coordination of the Work .................................. 7.4 Disputes, request for decisioq............................9..11 Inspections, tests and approvals..................8.7, 13.4 Liability Insurance..............................................5.5 Notice of Defects .............................................. 13.1 Representative --During Construction, ENGINEER's Status .................... I.................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................8.10 Change Orders..............................................8.6 Changes in the Work...................................10.1 communications............................................8.1 CONTRACTOR's responsibilities ..................8.9 evidence of financial arrangements...............8.11 inspections, tests and approvals ..................... $ 7 insurance...................................................... 8.5 lands and easements.....................................8.4 prompt payment by........................................8.3 replacement of ENGINEER ...........................$.2 reports and tests............................................8.4 stop or suspend Work..................8.8, 13.10, 15.1 terminate CONTRACTOR'S services..........................................8.8, 15.2 separate representative at site ............................. 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 h Xi FJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) '^1 Article or Paragraph Number written notice required ........................7.1, 9.4, 9.11, ...................... .........11.2, 11.9, 14.7, 15.4 PCBs -- definition of......................................................1.29 general..............................................................4.5 OWNER's responsibility for...............................8.10 Partial Utilization -- definition of......................................................1.28 general 6.30.2.4, 14.10 Property Insurance ............................................ 5.15 Patent Fees and -Royalties ....................................... 6.12 Payment Bonds ..... ........ Payments, Recommendation of .............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title ...................14.3 Final Application for Payment ....................... :..14.12 Final Inspection .............................................. 14.11 Final Payment and Acceptance ................14.13-14.14 general...... ... .................... .......................... $.3, 14 Partial Utilization ............................................14.10 Retainage ......................................................... 14.2 Review of Applications for Progress Payments ............................... 14.4-14.7 prompt payment,..,,,,... ................................ ........8.3 Schedule of Values ................ ........................... 14.1 Substantial Completion...............................14.8-14.9 Waiver of Claims..................................„......,,,14.15 .. when payments due .............................. 14.4, 14.13 withholding payment... .......I . ...................14.7 Performance Bonds ................................. ............5.1-5.2 Permits............................................................6.13 Petroleum -- definition of......................................................1.30 general..............................................................4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating to„......................4.2.1.2 ENGINEER's review ........................................ 4.2.4 existing structures... .......................................... 4.2.2 general4.2.1.2......................................................... Notice of Differing Subsurface oi....................... 4.2.3 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments..............4.2.6 Reports and Drawings ................. I ..................... 4.2.1 Subsurfaceand,, ............... .................................. 4.2 Subsurface Conditions...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ...................... 4.2.2 Underground Facilities-- general........................................................ 4.33 Not Shown or Indicaed..............................4..2 Protection of.........................................4.3, 6.20 xii Article or Paragraph Number Shown or Indicated ................................................ 4.3.1 Technical Data ................ .............................. . 4.2.2 Preconstruction Conference.......................................2.8 Preliminary Matters.....................................................2 Preliminary Schedules .............................................. 2.6 Premises, Use of ............................................. 6.16-6.18 Price, Change of Contract ..........................................I1 Price, Contract --definition of . ................... ......... 1.11 Progress Payment, Applications for ..........................14.2 Progress Payment- -retainage................................... 14.2 Progress schedule, CONTRACTOR's............2.6, 2.8, 2.9, ................................. 6.6, 6.29, 10.4, 15.2.1 Project --definition of...............................................1.31 Project Representative— ENGINEER's Status During Construction............ 9.3 Project Representative, Resident --definition of ......... 1.33 prompt payment by OWNER.....................................8.3 Property Insurance-- Additional.........................................................5.7 general5.6-5.10 Partial Utilization................................5.15, 14.10.2 receipt and application of proceeds ............. 5.12-5.13 Protection, Safety and..............................6.20-6.21, 13.2 Punchlist..........................................................14.11 Radioactive Material-- defintion of......................................................1.32 general4.5 OWNER's responsibility for ...... ....... ..................$.10 Recommendation of Payment.................14.4, 14.5, 14.13 Record Documents .... 6.19 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 -- at Site ................... ................................ .....7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................... 6.28 Remedies, cumulative......................................17.4, 17.5 Removal or Correction ofDefective Work... .............. 13.11 rental agreements, OWNER approval required ..... 11..5.3 replacement of ENGINEER, by OWNER .................... 8.2 Reporting and Resolving Discrepancies.................................2.5, 3.3.2, 6.14.2 Reports -- and Drawings.................................................4.2.1 and Tests, OWNER'S responsibility ......................8A Resident and Project Representative -- definition of .................... ................................. 1.33 provisionfor............................................................ 9.3 E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 4 z / m \ LU CL ± CC� 3 °L) �z/\ �k �wa� o 0 LL00 zzIL"U-w�� k§2;\/ zCC_E LUCLLu m m a ® k \ N \ j I \ ƒ 0- � Z \ � . o � g : � $ � ƒ � � # E \ $ � w § w / ? � ƒ 6 t 7 � I x � / � ■ I & d r § \ > 2 / � w l .z Article or Paragraph Number Resident Superintendent, CONTRACTOR'S ............... 6.2 Responsibilities— CONTRACTOR's-in general... 6 ENGINEER's-in general........................................9 Limitations oR............................................9.13 OWNER's-in general ............................................ 8 Retainage............................................................14.2 Reuse of Documents ................................................. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................6.25 Review of Applications for Progress Payments .................................... 14.4-14.7 Right to an adjustment.....*.....................................10.2 Rightsof Way..........................................................4.1 Royalties, Patent Fees and ...................................... 6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.3.2, 6.16, 6.18, ......................................6.20-6.21, 7.2, 13.2 general.....................................................6.20-6.23 Representative, CONTRACTORs.......................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 procedures.........................................6.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6, .................6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................6.6 Change of Contract Times..................... ............10.4 Initially Acceptable ................... 2 8, 2.9 Preliminary.........................................................2.6 Scope of Changes......................................10.3-10.4 Subsurface Conditions...........................I...........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 ENGINEERS responsibility for review ..................................... 9.7, 6.24-6.28 related Work....................................................6.28 review procedures...............................2.8, 6.24-6.28 Article or Paragraph Number submittal required ............................................... 6.24.1 Submittal Procedures.........................................6.25 use to approve substitutions.... .......6.7.3 Shown or Indicated...............................................4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness......................................................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 tq ...................3.3.1 precedence..................................................... 3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before..............................2.5-2.8 Starting the Work .................................................... 2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER ..................................... 8.8, 13.10, 15.1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety........................................6.18 Subcontractor -- Concerning ................................................ 6.8-6.11 definition of ...................... ............................... 1.37 delays.............................................................12.3 waiver of rights................................................6.11 Subcontractors --in general.................................6.8-6.11 Subcontracts --required provisions......... 5.11, 6.11, 11.4.3 Submittals -- Applications for Payment ................. I., ........ .....14.2 Maintenance and Operation Manuals .............. 14.12 Procedures.......................................................0.25 Progress Schedules, ...................................... 2.6,2.9 Samples...................................................6.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions......................................2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion -- certification of............................6.30.2.3, 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...............I............6.7.1.3 ENGINEER's Evaluation.................................6.7.3 "Or-Equal"...................................................6.7.1. l Substitute Construction Methods ^n xiii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) - w! CITY OF FORT COLLINS MODIFICATIONS (REV 9l99) Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items ............................................. 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng to ........................ 4.2.1.2 ENGINEER's Review .............. 4 2.4 general..............................................................4.2 Limited Reliance by CONTRACTOR Authorized.................................................4.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... 4.2.3 Physical Conditions ................................. ......4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments...............4.2.6 Reports and Drawings........... I .......................... 4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions at the Site ..................... 4.2.1.1 Technical Data.................................................4.2.2 Supervision-- CONTRACTOR's responsibility ...........................6.1 OWNER shall not supervise................................8.9 ENGINEER shall not supervise ................ 9.2, 9.13.2 Superintendence.......................................................6.2 Superintendent, CONTRACTOR's resident...............6.2 Supplemental costs ,,,,,,,,,,,,,,, ............................... 11.4.5 Supplementary Conditions-- definition of......................................................1.39 principal references to.................1.10, 1.18, 2.2, 2.7, .......................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, .............. 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9. 10 Supplementing Contract Documents ........................3.6 Supplier -- definition of ............ .. ........................................1.40 principal references to ........... 3.7, 6.5, 6.8-6.11, 6.20, ..........................................0.24, 9.13, 14.12 Waiver of Rights...............................................6.11 Surety -- consent to final payment., ....................... 14.12, 14.14 ENGINEER has no duty to........ ....................... _.9.13 Notification of ..10.1, ................................. 10.5, 15.2 qualification of.............................................5.1-5.3 Survival of Obligations...........................................6.34 Suspend Work, OWNER May ......... .........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, ...................... 6. t5 Technical Data -- Limited Reliance by CONTRACTOR .................4.2.2 Possible Price and Times Adjustments..............4.2.6 Reports of Differing Subsurface and Physical Conditions....................................4.2.3 xiv Temporary construction facilities 4.1 Article or Paragraph Number Termination -- by CONTRACTOR...........................................15.5 by OWNER........................................8.8, 15.1-15.4 of ENGINEER's employment .............................. 8.2 Suspension of Work-in general .... ................. * ,,,,,.15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others............................13.2 CONTRACTOR's responsibilities ...................... 13.5 cost of 13.4 covering Work prior to ..... ......................... 13.6-13.7 Laws and Regulations(or)................................ 13.5 Notice of Defects13.1 OWNER May Stop Work..............................„13.10 OWNER's independent testing ..........................i3.4 special, required by ENGINEER ..........................9.6 timely notice required.......................................13.4 Uncovering the Work, at ENGINEER's request.................................................13.8-13.9 Times -- Adjusting...........................................................6.6 Change of Contract...,,,, .......................... ..........„.12 Computation of.................................................17.2 Contract Times --definition of ...........................1.12 day.........................................................17.2.2 Milestones..........................................................12 Requirements-- appeals.................................................9.10, 16 clarifications, claims and disputes... ............... 9.11, 11.2, 12 Commencement of Contract Times,,,,,,,,,,,,,,,, 2.3 Preconstruction Conference ...........................2.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work..........................................2.4 Title, Warranty of .................................. .................. 14.3 Uncovering World ........................................... .13.8-13.9 Underground Facilities, Physical Conditions -- definition of .. ... ............................................... 1.41 Not Shown or Indicated4.3.2 protection of ............................................. 4.3, 6.20 Shown or Indicated .................... .....................4.3.1 Unit Price Work-- claims.........................................................1, 1.9.3 definition of,,,,,,,,,,,,, ...................................... . 1.42 generalll.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.............................6.13, 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 parties..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ............................................... 6.30 Warranty of Title, CONTRACTOR's....................... 14.3 Work -- Accessto..........................................................1.3.2 byothers >.............................................................. 7 Changes in the.....................................................10 Continuing the..................................................6.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of..................................................7.4 Cost of the ................................................. 11.4-11.5 definition of..................................................... 1.43 neglected by CONTRACTOR...........................13.14 otherWork............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site ............................... 1.... 7.1-7.3 Starting the ......................................................... 2.4 Stopping by CONTRACTOR..........I ................I..15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minol........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of ..................................................... 1.44 principal references to......................3.5.3, 10.1-10.2 Written Amendment -- definition of ..................................................... 1.45 principal references to..............1.10, 3.5, 5.10,15.12, ......I..................6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2,12.1,13,12.2,14.7.2 Written Clarifications and Interpretations...................................3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR............................7.1, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 xv r r. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) .. w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) No Text GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 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 Order --A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents --The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times --The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, fine 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 refer -red 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, finn or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order --A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements —Sections of Division 1 of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1 22 t Legal Holidays --shall be those holidays observed by the City of Fort Collins. 1.23. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award --A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 132 b Regular Working Hours —Regular working hours are defined as 7.00am to 6:00 unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEERS 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 ENGINEERS written recommendation of final payment in accordance with paragraph 14.13. The terms substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions --The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier --A manufacturer, fabricator, supplier, distributor, 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 furnish 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 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times, Notice to Proceed: 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In ne ; t will the G zmmacTimes of Bid re� of the b `r whiehever date is eadier. 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 En ie neer. 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 aFA ^a.ro `o; IE shall eaeh deliver to the ether OWNER, with copies to eaeh add:tiefial :_ •fed identified in the e......leni :; Condition ENGINEER, certificates of insurance (and other evidence of insurance fease15, west reuuested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, `Y 6 and 5-7. Preeonstruetfon 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 anv work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as apprepriate designated by OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division I - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shalt be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies, Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). own risk. No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 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 6.26 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 any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upen reasonable written request, of or filing a meehanie's lien against sueh lands —tin aeeerdanee tdlth applicable Lawsand-Regul,�s 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. APRIL 21, 2004 CITY OF FORT COLLINS PLANHOLDERS LIST FOR BID #5851 WEST ELIZABETH STREETSCAPE IMPROVEMENTS CARNES SERVICE P O BOX 1258 WELLINGTON, CO 80549 PH 970-568-3632 FAX 970-568-3165 LANDTECH CONTRACTORS 16777 E 211D AVE AURORA, CO 80011 PH 303-344-4465 FAX 303-344-1518 NARANJO CIVIL CONSTRUCTORS 1863 2ND AVE. GREELEY, CO 80631 PH 970-356-7909 FAX 970-356-0887 G L HOFF P O BOX 7448 LOVELAND, CO 80537-1448 PH 970-669-3255 FAX 970-663-1566 J-2 CONTRACTING COMPANY 929 38T" AVE. CT., SUITE 106 GREELEY, CO 80634 PH 970-392-0694 FAX 970-392-0695 CONCRETE WORKS OF COLORADO 1260 ROCK CREEK CIR. LAFAYETTE, CO 80026 PH 303-665-2933 FAX 303-665-2996 NORTHSTAR CONCRETE P.O. BOX Y BERTHOUD, CO 80513 PH 970-532-0805 FAX 970-532-4687 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by- ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized, - Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w1CITY 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, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or perfomung any Work in connection therewith (except in an emergency as permitted by paragraph6.23), 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 submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 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, prernptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 1910-8 (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 1 l 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. .. 1_ Silva 1.L • �. �_... _ .. 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 CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also 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 Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers, Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. Ormn c =''-= ' CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 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 furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: Mli WON NNNINNON1,4411 I U! V: IN . I - - ; NO ok -11 - 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in The risk of ld�m suffering ally gintaift it at the and m- EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) .. 1 • • . Y . . • - _ • 1. 1_ • 1. 1 _ _ • .. 1_ • -- •1.1 • 1. t_ - _ I MINNOW im G 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 patties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and if Fequi-ed in writing by ....y a nterest OWNER as fidu.:aFy ..hall give band f 1. proper peffeFmanee of.. eh a. Acceptance of Bonds and Insurance; Option to Replace: 5.14, If they part', (0)Ag4cD OF G0w9 n! TOR OWNER has any objection to the coverage afforded by or other provisions of the Bends er insurance required to be purchased and maintained by the ether -=may CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the ...�8bjeetin. hall tifythe,.thei_.,, OWNER will caacrsvrrom, rcncvvncr-far �j notify CONTRACTOR in writing within ten fifteen days after reeeipt delivery of the certificates (or ,other evidenee requested) to OWNER as required by paragraph 2.7. OWNER and 1201 9GTno shall eaeh pfevide te the provided as the -ether may -reasonably -request. if either D _ r ..hall ,.tip, tt.o tr writing of such fndum to rek � � f r. ___ •_� __ ___._ ....._..� _ Yam. �..»� ,...... .v ...� uw.. �• oever-age, and a Ghange Order shall be issued to adjust the Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday, Sunday. Holidays or outside the Regular Working Hours 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions. CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. Air materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal " Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description 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 ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement ^ service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of ^ redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONTRACTORSs Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTORSs 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 CONTRACTORS expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6_9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is without subcontracting). The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price 6.8.2. If the Supplementaiy Ganditio. Bidding Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in a&afiee of the speeified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER—t+t" CONTRACTOR h stibre&ted a l' w f in aeeaFdanee with the S.prl....aur7-Conditions, 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) e€ 3r6a in which ease G0w9P NOTnn shall submit signed. ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment" 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or 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 terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER Whenever any ueh agreement is with a Subeemmeter or SupplieF who is listed as an tra i-A.83 6 ar S 7 the agreement between the NMQ1M.*WW OPIUM, M 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 littlest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them fiom and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 14 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTORS primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTORS obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6 15 1 OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the project. Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (includine State collected taxes), on any items other than construction and building materials physically incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises. 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20, CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15