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134046 STORMY PEAKS CONSTRUCTION - CONTRACT - BID - 5884 LAKE STABILIZATION AT FOSSIL CREEK PARK
I� 1 '- SPECIFICATIONS AND CONTRACT DOCUMENTS FOR LAKE STABILIZATION AT FOSSIL CREEK PARK BID NO. 5884 City of Fort Collins BID OPENING: PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS NOVEMBER 16, 2004 - 3:00 P.M. (OUR CLOCK) SECTION 00100 INSTRUCTIONS TO BIDDERS damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be 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 seq. 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 ofApplteations for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to 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 any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER 30 EJCDCGENERAL CONDITIONS 1910-8 (1990 Edition) w/ 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 ENGWEER'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 (d) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 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 EICDC 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 fiom CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 E.ICDCGENERAL CONDITIONS 1910-8(1990Edition) 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 from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting fi•om 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 Contact 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. E1CDC GENERAL 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 party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Agreement. Reference to two pertinent Colorado statutes are as Follows: 17.6.2. If a claim is filed. OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds 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 r r r I Rp,L CONptN MgptF CA �ON� IRE}4�2��} E1CDC C'ENE T C,OLE 'kA w+Cl?YOF�OR (This page left blank intentionally.) EJCDCGENERALCONDITIONS 1910-8(1990Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 36 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the ti>irty-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. E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to, arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be 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 1 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) GC -AI w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) .�. 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 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Proposed Fossil Creek Community Park West of Lemay Avenue, North of Portner Reservoir Fort Collins, Colorado Terracon Project No. 20005008 February 7, 2000 (Report will be available upon request) Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The 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). 11:/1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: LAKE STABILIZATION AT FOSSIL CREEK PARK; BID NO. 5884 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.o OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: DATE: DATE: 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 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By. Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By. CONTRACT AMOUNTS Bid Item Number Description Quantity Units Unit Price Amount APPLICATION FOR PAYMENT Work Completed Work Completed This Month Previous Periods Qty. Amount Qty. Amount Work Completed To Date Qty. Amount Stored Materials This Period PAGE 2 OF 4 Total Earned Percent To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0:00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 moo $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Completed Work Completed Work Completed Stored Bid Item. This Month Previous Periods To Date Materials Total Number Description Quantity Units Unit Price Amount Oty. Amount Qty. Amount Qty. Amount This Period Earned Percent To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 KOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 KOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 KOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Received Item Invoice Previous This Number Number Description Application Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 TABLE OF CONTENTS TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS Schedule of Drawings Section 01000 Project Summary Section 01100 Summary of Work Section 01160 Site Conditions Section 01290 Measurement and Payment Section 01300 Coordination and Project Meetings Section 01310 Construction Schedules Section 01330 Shop Drawings, Product Data and Samples Section 01450 Quality Control and Testing Section 01500 Temporary Controls Section 01510 Temporary Utilities Section 01570 Traffic Control Section 01600 Material and Equipment Section 01700 Contract Close -Out Section 01800 Definition of Bid Items DIVISION 2 SITEWORK Section 02221 Section 02240 Section 02250 Section 02305 Section 02310 Section 02315 Section 02375 APPENDIX A Geotechnical Engineering Report SCHEDULE OF DRAWINGS 1) Site Plan 2) Riprap Section — Pond 2 3) Stepping Stone Plan and Section 4) Riprap Section — Pond 1 Trenching, Backfilling and Compaction Water Control and Dewatering Topsoil Mobilization Earthwork and Grading Excavation and Embankment Riprap Bedding and Feature Rock Available upon request City of Fort Collins Park Planning and Development Table of Contents Page 1 of I the contract or provide the services required, (2) whether the bidder can -� perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the ^ quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service,-(6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the _ contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would. impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due _ to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect .� cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be 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 DIVISION 1 SECTION 01000 — PROJECT SUMMARY PART 1-GENERAL 1.01 Scope A. This section contains general requirements that are applicable to this project. 1.02 Description of Work A. The Contractor shall provide all labor, materials and equipment necessary to perform the work items called for on the bid schedule. 1.03 City Furnished Materials A. None. 1.04 Conditions of Work A. Area of Work: The Contractor shall confine his operations to the immediate work area. Material storage shall be confined to areas shown on Jhe Drawings or designated by the City. B. Regulations: The Contractor shall comply with all applicable Federal, State, and local regulations pertaining to safety, traffic control, fire prevention, erosion control and environmental protection. C. Working Hours: The Contractor's working hours shall be between 7:00 a.m. and 5:00 p.m., with no work on weekends or Federal holidays, unless otherwise approved by the City. D. Material Storage: The Contractor's material and equipment storage site shall be limited to the area of the project site. The area shall be kept orderly and free of litter. 1.05 Project Cleanup A. The Contractor is responsible to maintain the construction site in a clean and orderly condition from the start of the project to completion. Daily cleanups are required. 1. The City may require Contractor to perform cleanup within 100 feet of the progress of the work and perform cleanup of the site daily prior to work stoppage. B. Store volatile wastes in covered containers and dispose off site. 1. Provide on -site covered containers for the collection of waste materials, debris and rubbish. 2. Neatly store construction materials, such as concrete forms, when not in use. C. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams or waterways. D. At project completion the Contractor shall remove all equipment, materials, and debris from the site including toilets and dumpsters. Areas around work sites shall be cleaned with dirt and grass surfaces raked clean of any slag from the Contractor's operations. Broom clean exterior paved surfaces. Remaining dirt and fill material shall be removed, or may be scattered, with the approval of the City. 1.06 Trash Removal A. All non -salvageable items and trash shall be hauled off the site and disposed of in accordance with applicable state and local regulations. Items shall be transported in tarp -covered or closed vehicles. Any materials dropped or blown off vehicles shall be picked up immediately by Contractor. City of Fort Collins SECTION 01000 - PROJECT SUMMARY Park Planning & Development Division Pagel of 4 1.07 Verification of Dimensions A. The Contractor shall he responsible for the coordination and proper relation of the work. He shall field verify all dimensions and advise the City of any discrepancies prior to proceeding with that phase of the work. 1.08 Fire Hydrants A. Fire Hydrant Connections: City's permission is required for connection to fire hydrants. Only compatible adapters shall be utilized for hydrant connections. A gate valve shall be provided and installed by the Contractor between the hydrant and supply hoses to control flow. Connection shall include backflow protection. Temporary connections to fire hydrants shall he disconnected at the end of each working day. No quick closing valves such as plug or butterfly valves will he used. 1.09 Outages A. Utility outages necessitated by the work shall be requested in writing at least fifteen (15) working days prior to the proposed outage. The request shall be directed to the City and shall stipulate the specific utility systems) and circuits to be affected, the location of the work, the time at which the shutdown will occur, and the duration of the outage for each system. Outages shall be kept to a minimum both in number and in duration. Where multiple outages are required, as many outages as can be accurately scheduled shall he submitted as a group. 1.10 Fill Material A. Excess fill material, including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be hauled off the site and disposed of in accordance with applicable State and local regulations. B. Additional fill material, if required, shall be hauled to the site from off the site as a necessary part of the work. Material copiposition shall be subject to, the requirements of the specifications. , 1.11 Parking A. Parking of the Contractor's vehicles shall be restricted to an area designated by the City. 1.12 Telephone A. Business Telephone: At the beginning of construction, the Contractor shall provide the City with a telephone number at which the Contractor or his representative may be contacted at any time during regular working hours. The Contractor shall also provide a phone number for after -duty hours contact. 1.13 Sanitary Provisions A. There are restrooms at Fossil Creek Park. 1.14 Pollution Abatement A. Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne. Earth materials shall be covered, wetted or otherwise protected. Gravel, sand and concrete shall be contained within vehicles to prevent spillage. B. Prevent the deposit of dirt, mud or debris on improved streets and roads, and remove all should such deposition occur. C. Burning of any material on site is prohibited. D. Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils, bitumen, acids, or other harmful materials. Surface drainage from the construction site, which contains harmful amounts of sediment, shall not be allowed to drain onto adjacent areas. All grading shall be accomplished to allow sedimentation to settle out prior to flowing onto adjacent areas. E. Flushing of concrete trucks is allowed only at the project site or the designated contractor storage area, with the responsibility of control and cleanup resting with the Contractor. City of Fort Collins SECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 2 of 4 1-. Toxic, corrosive and flammable materials for construction other than specified shall not be used without prior approval of the City of Fort Collins. When approved, disposal of these materials or their containers will be off site and conform to state and federal regulations. 1.15 Protection of Property A. Initiate, maintain and supervise necessary protection to prevent damage, injury or loss to: 1. The Work and materials and equipment to be incorporated in the project, whether in storage on or off the site: and 2. Property at the site or adjacent thereto, including fences, patios, driveways, sidewalks, pavement, trees, shrubs, lawns, walks, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. B. Maintain, protect, and support existing utilities and other appurtenances against damage by shoring, bracing, or other means. C. Do not stockpile excavated material against existing appurtenances. 1.16 Survey Requirements A. Contractor shall be responsible for construction staking necessary for proper and accurate completion of the work covered by this contract. The Contractor shall provide experienced instrument personnel, competent assistants, and such instruments, tools, stakes, and other materials required to complete the survey, layout, and measurement Work. Survey work shall be performed under the direction of a licensed professional surveyor in the State of Colorado. In addition, Contractor shall furnish, without charge, competent personnel and such tools, stakes, and other materials as Engineer may require in checking survey, layout, and measurement Work performed by the Contractor. B. All work shall be performed to the lines, grades, and elevations shown on the Drawings. When construction falls within the following tolerances, the installation will be acceptable to the Owner, with respect to the lines and grades. If the tolerances are not met, the Contractor shall be responsible for performing modifications to the facilities to bring the project components into the tolerances. Maximum Permissible Deviation from Description: Alignment and Elevation shown on the Drawings: Horizontal location of structures & 0.05 feet playground features Horizontal location of paved areas & 0.10 feet underground installations Horizontal location of grading & 0.50 feet surface features (i.e. berms, swales, etc.) Vertical elevation of structures & 0.05 feet playground features Vertical elevation of paved areas 0.05 feet Vertical elevation of underground installations 0.05 feet Vertical elevation of grading & 0.10 feet surface features (i.e. berms, swales, etc.) C. Contractor shall remove and reconstruct Work that is improperly located. Horizontal and vertical alignments shall be checked regularly as the Work progresses. Contractor shall report results to the Engineer. City of Fort Collins SECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 3 of 4 D. If the construction survey uncovers any discrepancies, the Contractor shall notify the Engineer, in writing, prior to construction proceeding. If the Contractor proceeds with work that includes apparent discrepancies without resolution by the Engineer, he assumes full responsibility for any subsequent necessary modifications. 1.17. Construction Superintendent A. The construction superintendent shall beat the job site anytime work is being accomplished by any of the trades per General Conditions including, but not limited to, Article 6. PART 2 - MATERIALS (Not Applicable) PART 3 - EXECUTION (Not Applicable) PART 4 - MEASUREMENT & PAYMENT (Not Applicable) END OF SECTION City of Fort Collins SECTION 01000 - PROJECT SUMMARY Park Planning & Development Division Page 4 of 4 DIVISION 1 SECTION 01100 -SUMMARY OF WORK PART 1 - GENERAL 1.01 Description of Work A. The contract documents provide for construction of fill, rip rap and placement of sitting rock and stepping stones within Fossil Creek Park at lakes one and two. B. Protection and Restoration. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. 1.02 Notices to Private Owners and Authorities A. Notify private owners of adjacent property, utilities, affected governmental agencies, and school district when execution 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 to 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 that would affect their daily operation. E. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. Water - City of Fort Collins, Colorado 221-6681 Storm Sewer - City of Fort Collins, Colorado 221-6605 Sanitary Sewer - City of Fort Collins, Colorado 221-6681 Electrical - City of Fort Collins, Colorado 482-5922, 221-8553 Gas - Public Service Company of Colorado 482-5922, 221-8553 Telephone - U.S. West Communications 484-0300, 226-6310 Roads - City of Ft. Collins, Colorado 221-6815 Cable Television — AT&T Cable Services 493-7400 Utility Locates - One -call System 1-800-922-1987 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 Latimer County Sheriffs Department - Non -Emergency 221-7177 Postmaster - United States Postal Service 482-2837 Ambulance - Poudre Valley Hospital Non -Emergency 484-1227 / Emergency 911 Public Transportation - TransFort 221-6620 Traffic Control - Traffic Engineering 221-6815 City of Fort Collins SECTION 01100- SUMMARY OF WORK Park Planning & Development Division Page 1 of 2 PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01100 —SUMMARY OF WORK Park Planning & Development Division Page 2 of 2 DIVISION 1 SECTION 01160 — SITE CONDITIONS PART 1 - SITE INVESTIGATIONS AND REPRESENTATION 1.01 General Investigations A. The Contractor acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon access to the site; handling, storage, and disposal of materials; availability of water, electricity and roads; uncertainties of weather, or similar physical conditions at the site; the conformation and conditions of the ground; the equipment and facilities needed preliminary to and during the execution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. 1.02 Soil Conditions A. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials to be encountered from his inspection of the site and from reviewing any available records of exploratory work furnished by the Owner or included in these Documents. Failure by the Contractor to acquaint himself with the physical conditions of the site and all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. 1.03 Contractor Representation A. The Contractor warrants that as a result of his examination and investigation of all the aforesaid data that be can perform the work in a good and workmanlike manner and to the satisfaction of the Owner. The Owner assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of this Contract, unless (1) such representations are expressly stated in the Contract, and (2) the Contract expressly provides that the responsibility therefore is assumed by the Owner. PART 2 - INFORMATION ON SITE CONDITIONS 2.01 General Any information obtained by the Engineer regarding site conditions, subsurface information, groundwater elevations, existing construction of site facilities, and similar data will be available for inspection, as applicable, at the office of the Engineer upon request. Such information is offered as supplementary information only. Neither the Engineer nor the Owner assumes any responsibility for the completeness or interpretation of such supplementary information. A. Differing Subsurface Conditions: 1. In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing materially from those ordinarily encountered and generally recognized as inherent in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the Owner in writing of such changed conditions. 2. The Engineer will investigate such conditions promptly and following this investigation, the Contractor shall proceed with the work, unless otherwise instructed by the Engineer. If the Engineer fords that such conditions do so materially differ and cause an increase or decrease in the cost of or in the time required for performing the work, the Engineer will recommend to the Owner the amount of adjustment in cost and time he considers reasonable. The Owner will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion. B. Underground Utilities: City of Fort Collins Park Planning & Development Division SECTION 01160 — SITE CONDITIONS Page 1 of 3 Known utilities and structures adjacent to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans, however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the Owner or the Engineer for their accuracy or completeness. PART 3 - CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE 3.01 General A. Where the Contractor's operations could cause damage or inconvenience to railway, telegraph, telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, the operations shall be suspended until all arrangements necessary for the protection of these utilities and services have been made by the Contractor. B. Notify all utility offices which are affected by the construction operation at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. C. The Contractor shall protect all utility poles from damage. If interference of power poles, telephone poles, guy wires, or anchors are encountered, notify the Owner's Representative and the appropriate utility company at least 48 hours in advance of construction operations to permit the necessary arrangements for protection or relocation of the interfering structure. D. The Contractor shall be solely and directly responsible to the Owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. E. Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the work. F. If the Contractor while performing the Contract discovers utility facilities not identified in the Drawings or Specifications, he shall immediately notify the Owners and the utility in writing. G. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in the restoration of service as promptly as possible and bear all costs of repair. In no case shall interruption of any water or utility service be allowed to exist outside working hours unless prior approval is granted. H. The Contractor shall replace, at his own expense, any and all other existing utilities or structures removed or damaged during construction, unless otherwise provided for in these Contract Documents or ordered by the Engineer. 3.02 interfering Structures A. Take necessary precautions to prevent damage to existing structures whether on the surface, aboveground, or underground. An attempt has been made to show major structures on the Drawings. The completeness and accuracy cannot be guaranteed, and it is presented simply as a guide to avoid known possible difficulties. 3.03 Field Relocation A. During the progress of construction, it is expected that minor relocations of the work will be necessary. Such relocations shall be made only by direction of the Owner's Representative. If existing structures are encountered that prevent the construction, and that are not properly shown on the Drawings, notify the Owner's Representative before continuing with the construction in order that the Owner's Representative may make such field revision as necessary to avoid conflict with the existing structures. If the Contractor shall fail to so notify the Owner's Representative when an existing structure is City of Fort Collins SECTION 01160 — SITE CONDITIONS Park Planning & Development Division Page 2 of 3 encountered, and shall proceed with the construction despite the interference, he shall do so at his own risk. 3.04 Easements A. Easements and permits will be obtained by the Owner where portions of the work are located on public or private property Easements will provide for the use of the property for construction purposes to the extent indicated on the easements. Copies of these easements and permits are available upon request to the Owner. It shall be the Contractor's responsibility to determine the adequacy of the easement obtained in every case and to abide by all requirements and provisions of the easement. The Contractor shall confine his construction operations to within the easement limits or make special arrangements with the property owners or appropriate public agency for the additional area required. Any damage to property, either inside or outside the limits of the easements provided by the Owner, shall be the responsibility of the Contractor as specified herein. The Contractor shall remove, protect, and replace all fences or other items encountered on public or private property. Before final payment will be authorized by the Owner's Representative, the Contractor will be required to furnish the Owner with written releases from property owners or public agencies where side agreements or special easements have been made by the Contractor or where the Contractor's operations, for any reason, have not been kept within the construction right-of-way obtained by the Owner. B. It is anticipated that the required easements and permits will be obtained before construction is started. However, should the procurement of any easement or permit be delayed, the Contractor shall schedule and perform the work around these areas until such a time as the easement or permit has been secured. 3.05 Land Monuments A. The Contractor shall notify the Owner's Representative of any existing Federal, State, Town, County, and private land monuments encountered. Private monuments shall be preserved, or replaced by a licensed surveyor at the Contractor's expense. When Government monuments are encountered, the Contractor shall notify the Owne'r's Representative at least two (2) weeks in advance of the proposed construction in order that the Owner's Representative will have ample opportunity to notify the proper authority and reference these monuments for later replacement. END OF SECTION City of Fort Collins SECTION 01160 — SITE CONDITIONS Park Planning & Development Division Page 3 of 3 DMSION 1 SECTION 01290 - MEASUREMENT AND PAYMENT PART 1-GENERAL 1.01 Description A. This section covers the methods employed in determining the payment due for work completed under this contract. B. The bid price should cover all work required by this contract based upon the quantities outlined in the bid form. C. Where actual quantities differ from those outlined in the bid form; unit prices as stipulated in the bid form shall be utilized to compute payment. D. Where unit prices are not set forth on specific work, that work shall be considered a subsidiary obligation of the Contractor. E. Quantities given in the bid form are estimates for the purpose of evaluating bids consequently some difference may arise in actual and bid quantities. 1.02 Lump Sum Prices A. Where lump sum (LS) prices are given for an item in the bid schedule or for items added during construction by change order, the price will include all materials, labor, overhead and any other cost incurred to complete the construction of the item in accordance with the plans and specifications. B. All unit prices for each item shall include its pro rats share of profits, taxes, and overhead, and are for the items installed'in place, maintained and gudranteed. Including these factors, unit prices must accurately reflect actual costs. Unit prices are to be valid for the life of the contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION City of Fort Collins SECTION 01290 — MEASUREMENT AND PAYMENT Park Planning & Development Division Page 1 of 1 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 DIVISION 1 SECTION 01300 — COORDINATION AND PROJECT MEETINGS PART 1-GENERAL 1.01 General A. In order to provide for an orderly progression of work, all parties involved in the construction will meet at various times during the project to discuss pertinent items regarding the work. B. Coordinate operations under contract in a manner that will facilitate progress of the Work. C. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations that affect the service of such utilities, agencies, or public safety. 1.02 Conferences A. The pre -construction conference will be held at a time to be determined by the Owner, after the award of the contract and prior to the issuance of the Notice to Proceed. The meeting will involve the Owner, the Engineer, the Contractor and representatives of the owners of utilities and other properties that will be directly affected by the work. Among the Contractor's representative on the site. The Contractor will have a complete construction schedule ready for review at the time of the pre -construction conference. B. Hold conferences for coordination of the Work when necessary. C. The City may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected,by, the work of others. 1.03 Progress Meetings A. Contractor and the City shall schedule and hold regular progress meetings at least weekly and at other times as requested by the City or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent 2. Owners Representative 3. Others as may be requested by contractor or Owner C. Minimum Agenda shall include: 1. Review of work progress since last meeting 2. Identifrcation and discussion of problems affecting progress 3. Review of any pending change orders 4. Revisions of Construction Schedule as appropriate 1.04 Job Site Administration A. Contract administration and construction observation services will be provided by the Owner. The Owner will make decisions regarding changes in the work and adjustments in contract quantities and/or unit prices. END OF SECTION City of Fort Collins SECTION 01300 — COORDINATION AND PROJECT MEETINGS Park Planning & Development Division Page t of 1 DIVISION 1 SECTION 01310 - CONSTRUCTION SCHEDULES PART 1-GENERAL 1.01 General A. Prepare detailed schedule of all construction operations and procurements after review of tentative schedule by parties attending the pre -construction conference. No work is to begin at the site until City's acceptance of the Construction Schedule. 1.02 Format and Submissions A. Prepare Construction and Procurement schedules in a graphic format suitable for displaying schedule and actual progress. B. Submit two copies of each schedule to owner for review. Owner will return one copy to contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. 1.03 Progress Revisions A. Submit revised schedules and reports when changes are foreseen, when requested by City, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of other work. 1.04 City's Responsibility A. City'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. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01310 — CONSTRUCTION SCHEDULES Park Planning & Development Division Page 1 of 1 DIVISION 1 SECTION 01330 — SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART 1-GENERAL 1.01 Shop Drawings A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not a Shop Drawing. B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates, and similar Drawings. Include the following information: 1. Dimensions. 2. Identification of products and materials included by sheet and detail number. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 24 by 36 inches. 7. Submittal: Submit 3 blue- or black -line prints and 2 additional prints where required for maintenance manuals, plus the number of prints needed by the Contractor for distribution. The Owner's Representative will -retain 2 prints and return the remainder. a. One of the prints returned shall be marked up and maintained as a "Record Document." 8. Do not use Shop Drawings without an appropriate final stamp indicating action taken. 1.02 Product Data A. Collect Product Data into a single submittal for each element of construction or system Product Data includes printed information, such as manufacturer's installation instructions, catalog cuts, standard color charts, roughing -in diagrams and templates, standard wiring diagrams, and performance curves. 1. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products that are not required, mark copies to indicate the applicable information. Include the following information: a. Manufacturer's printed recommendations. b. Compliance with trade association standards. c. Compliance with recognized testing agency standards. d. Application of testing agency labels and seals. e. Notation of dimensions verified by field measurement. f. Notation coordination requirements. 2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed. 3. Preliminary Submittal: Submit a preliminary single copy of Product Data where selection of options is required. City of Fort Collins SECTION 01340 — SURVEY DATA Park Planning & Development Division Page 1 of 1 4. Submittals: Submit 2 copies of each required submittal; submit 4 copies where required for maintenance manuals plus additional cppies as needed by the Contractor for distribution. The Owner will retain one and will return the other marked with action taken and corrections or modifications required. 5. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. Show distribution on transmittal forms. a. Do not proceed with installation until a copy of Product Data is in the Installer's possession. b. Do not permit use of unmarked copies of Product Data in connection with construction. 1.03 Samples A. Submit full-size, full -fabricated Samples cured and finished as specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern. 1. Mount or display Samples in the manner to facilitate review of qualities indicated. Include the following: a. Specification Section number and reference. b. Generic description of the Sample. c. Sample source. d. Product name or name of the manufacturer. e. Compliance with recognized standards. f. Availability and delivery time. 2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples for a final check of these characteristics with other elements and a comparison of these characteristics between the final submittal and the actual component as delivered and installed. a. Where variation in color, pattern, or other characteristic is inherent in the material or product represented, submit at least 3 multiple units that show approximate limits of the variations. b. Refer to other Specification Sections for requirements for Samples that illustrate workmanship, fabrication techniques, details of assembly, connections, operation, and similar construction characteristics. c. Refer to other Sections for Samples to be returned to the Contractor for incorporation in the Work. Such Samples must be undamaged at time of use. On the transmittal, indicated special ^ requests regarding disposition of Sample submittals. d. Samples not incorporated into the Work, or otherwise designated as the Owner's property, are the property of the Contractor and shall be removed from the site prior to Substantial Completion. 3. Preliminary Submittals: Submit a full set of choices where Samples are submitted for selection of color, pattern, texture, or similar characteristics from a range of standard choices. The Owner will review and return preliminary submittals with the Owner's notation, indicating selection and other action. 4. Submittals: Except for Samples illustrating assembly details, workmanship, fabrication techniques, connections, operation, and similar characteristics, submit 3 sets. The Owner will return one set marked with the action taken. 5. Maintain sets of Samples, as returned, at the Project Site, for quality comparisons throughout the _ course of construction. a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. City of Fort Collins SECTION 01340 — SURVEY DATA Park Planning & Development Division Page 2 of 1 b. Sample sets may be used to obtain final acceptance of the construction associated with each set. B. Distribution of Samples: Prepare and distribute additional sets to subcontractors, manufacturers, fabricators, suppliers, installers, and others as required for performance of the Work. Show distribution on transmittal forms. 1.04 Quality Assurance Submittals A. Submit quality -control submittals, including design data, certifications, manufacturer's instructions, manufacturer's field reports, and other quality -control submittals as required under other Sections of the Specifications. B. Certifications: Where other Sections of the Specifications require certification that a product, material, or installation complies with specified requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements. 1. Signature: an officer of the manufacturer or other authorized individual shall sign Certification documents. C. Inspection and Test Reports: Requirements for submittal of inspection and test reports from independent testing agencies are specified in Division 1 Section "Quality Control and Testing," and in the applicable technical specifications. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION City of Fort Collins SECTION 01340 — SURVEY DATA Park Planning & Development Division Page 3 of 1 DIVISION 1 SECTION 01450 - QUALITY CONTROL AND TESTING PART 1 - GENERAL 1.01 General A. Provide such equipment and facilities as the City 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 that becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards*and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the 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. 1.02 Test Reports A. Submit 2 copies of the reports of all tests made by testing laboratories, plus copies to be returned to the contractor. 1.03 City's Responsibilities A. City of Fort Collins shall be responsible for and shall pay all costs in connection with the following testing: 1. Soils compaction tests. 2. Trench backfill. 3. Pipe and structural bedding. 4. Tests not called for by the Specifications of materials delivered to the site. 1.04 Contractor's Responsibilities A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All re -testing for Work or materials found defective or unsatisfactory, including tests covered under 1.03 above. 4. Gradation tests for embedment, fill and backfill materials. 5. Material Substitution - any test for basic material or fabrication of equipment offered as a substitution for a specified item on which a test may be required in order to prove it compliant with the specifications. Nothing contained herein is intended to imply that the Contractor does not have the right to have tests performed on any material at any time for his/her own information and job control so long as City of Fort Collins SECTION 01450 — QUALITY CONTROL AND TESTING Park Planning & Development Division Page 1 of 2 the Owner does not assume responsibility for the cost or for giving them consideration when appraising quality materials. 1.05 Transmittal of Test Reports A. Submit 2 copies of each report of tests and engineering data furnished by the Contractor for City Representative's review. The Owner's Representative will retain one and will return the other marked with action taken and corrections or modifications required. B. The testing laboratory retained by the Owner will furnish three (3) copies of a written report of each test performed by laboratory personnel in the field or laboratory. Two (2) copies of each test report will be transmitted to the City Representative and one (1) copy to the Contractor within.seven (7) days after each test is completed. 1.06 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 City. Contractor's control system shall specifically include all testing required by the various sections of the Specifications. B. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. C. Records: maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the City 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 City in a reasonable time. D. Pipe alignment and grade is to be maintained through the use of suitable surveying instruments or laser equipment operated continuously during construction. Horizontal tolerances of + 0.3 feet and vertical tolerances of+ 0.1 feet maximum deviation from plan and construction staking are to be maintained, except that visible "snaking" of the horizontal alignment and changes in directions of slope will not be permitted. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01450 — QUALITY CONTROL AND TESTING Park Planning & Development Division Page 2 of 2 DIVISION 1 SECTION 01500 -TEMPORARY CONTROLS 1.01 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. 1.02 Dust Control A. Dusty materials in piles or in transit shall be covered to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. Chemical dust suppressattt shall not be injurious to existing or future vegetation. 1.03 Pollution Control A. Prevent the pollution of drains and watercourses 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. 1.04 Erosion Control A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sandbags, 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 the 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. END OF SECTION City of Fort Collins SECTION 01500 -TEMPORARY CONTROLS Park Planning & Development Division Page 1 of 1 DIVISION 1 SECTION 01570 - TRAFFIC CONTROL PART 1-GENERAL 1.01 General A. Traffic Control necessary to complete the project as depicted in the plans and specifications will be provided by the Contractor and will not be paid for separately. B. The Contractor must submit traffic control plans and coordinate all traffic control with the City's Traffic Control Coordinator. The traffic control plans must be submitted and approved 72 hours prior to starting construction and before making each modification. C. Conformance: City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Dept. of Transportation), or applicable statutory requirements of authority having jurisdiction. D. Limited closures may be permitted for short periods up to three days to allow installation of concrete pavement. Closures must be requested and approved 72 hours prior to anticipated closure. E. Limited alternating one-way traffic operation may be permitted during the hours from 9:00 A.M. to 3:30 P.M. One-way traffic operation must be requested and approved 72 hours prior to anticipated operation. F. At all times, Contractor must maintain two-way traffic with a minimum of one lane of traffic in each direction. Limited closures may be allowed. G. The Contractor must coordinate with adjacent residents to provide and maintain them sufficient access during the duration of the project. It will be the Contractor's responsibility to coordinate and communicate with the residents during construction. H. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. I. Keep fire hydrants and utility control devices free from obstruction and available for use at all times. J. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. K. Provide and maintain temporary approaches or crossings at streets, businesses, and residences. L. Keep roads open and in acceptable condition, unless closure or detour has been approved by City's Traffic Control Coordinator 72 hours prior to closure or detour. M. Define a temporary pedestrian access route for children coming from the surrounding neighborhoods. This pedestrian access route shall be located outside of the project limits. The pedestrian access route shall be kept free of excavated material, construction equipment, pipe, and other materials. 1.02 Traffic Control Plan A. Submit a detailed traffic control plan to Traffic Control Coordinator for review and acceptance. Plan must be accepted 72 hours prior to work commencing at the site. Maintain the accepted plan throughout all phases of construction. Provide copy to Owner prior to submittal. 1. Notify police, sheriff, ambulance services, and fire authorities of traffic control plan and the schedule of it. Distribute copies if requested. 1.03 Flagmen A. Required where necessary to provide for public safety, or the regulation of traffic, or by jurisdictional authorities. City of Fort Collins SECTION 01570 - TRAFFIC CONTROL Park Planning & Development Division Pagel of 2 B. Shall be properly equipped and licensed. 1.04 Warning Signs and Lights A. Provide suitable barricades and warning signs for: 1. Open trenches and other excavations. 2. Obstructions, such as material piles, equipment, piled embankment. B. Illuminate by means of warning lights all barricades and obstructions from sunset to sunrise. C. Protect roads and driveways by effective barricades on which are placed acceptable warning signs. 1.05 Parking A. Provide suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project so as to avoid interference with private property, public traffic, City's operations, or construction activities. Such parking shall occur on the project site or another suitable location, approved by the City. 1.06 Roadway Usage between Operations A. At all times when Work is not actually in progress, Contractor shall make passable and shall open to traffic such portions of the Project and temporary roadways or portions thereof as may be agreed upon between Contractor and City and all authorities having jurisdiction over any properties involved. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT, & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION Ot 570 -TRAFFIC CONTROL Park Planning & Development Division Page 2 of 2 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 DIVISION 1 SECTION 01600 — MATERIALS AND EQUIPMENT PART 1-GENERAL 1.01 Related Documents A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.02 Summary A. This Section includes administrative and procedural requirements governing the Contractor's selection of products for use in the Project. 1.03 Definitions A. Definitions used in this Article are not intended to change the meaning of other terms used in the Contract Documents, such as "specialties," "systems," "structure," "finishes," "accessories," and similar terms. Such terms are self-explanatory and have well -recognized meanings in the construction industry. 1. "Products" are items purchased for incorporation in the Work, whether purchased for the Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "systems," and terms of similar intent. 2. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined, or otherwise fabricated, processed, or installed to form a part of the Work. 3. "Equipment" is a product with operational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping. 1.04 Submittals A. Product List: Prepare a list showing products specified in tabular form acceptable to the Owner. Include generic names of products required. Include the manufacturer's name and proprietary product names for each item listed. Coordinate product list with the Contractor's Construction Schedule and the Schedule of Submittals. 2. Form: Prepare product list with information on each item tabulated under the following column headings: a. Related Specifications Section number. b. Generic name used in Contract Documents. C. Proprietary name, model number, and similar designations. d. Manufacturer's name and address. e. Supplier's name and address. f. Installer's name and address. g. Projected delivery date or time span of delivery period. 3. Initial Submittal: Within 30 days of date commencement of the Work, submit 3 copies of an initial product list. Provide a written explanation of omissions of data and for known variations from Contract requirements. 4. Complete List: Within 60 days after date of commencement of the Work, submit 3 copies of the completed product list. Provide a written explanation for omissions of data and for known variations from Contract requirements. City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 1 of 3 5. Owner's Action: The Owner will respond in writing to Contractor within 2 weeks of receipt of the completed product list. No response within this period constitutes no objection to listed manufacturers or products, but does not constitute a waiver of the requirement that products comply with Contract Documents. The Owner's response will include a list of unacceptable product selections, containing a brief explanation of reasons for this action. 1.05 Quality Assurance A. Source Limitations: To the fullest extent possible, provide products of the same kind from a single source. B. Compatibility of Options: When the Contractor is given the option of seeking between 2 or more products for use on the Project, the product selected shall be compatible with products previously selected, even if previously selected products were also options. C. Foreign Product Limitations: Except under one or more of the following conditions provide domestic products, not foreign products, for inclusion in the Work: 1. Not available domestic product complies with the Contract Documents. 2. Domestic products that comply with the Contract Documents are available only at prices or terms substantially higher than foreign products that comply with the Contract Documents. 1.06 Product Delivery, Storage and Handling A. Delivery, store, and handle products according to the manufacturer's recommendations, using means and methods that will prevent damage, deterioration, and loss, including theft. 1. Schedule delivery to minimize long-term storage at the site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to assure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Delivery products to the site in an undamaged condition in the manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products upon delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. 5. Store products at the site in a manner that will facilitate inspection and measurement of quantity or counting of units. 6. Store heavy materials away from the Project structure in a manner that will not endanger the supporting construction. 7. Store products subject to damage by the elements above ground, under cover in a weather -tight enclosure, with ventilation adequate to prevent condensation. PART 2 -PRODUCTS 2.01 Product Selection A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise indicated, new at the time of installation. B. Product Selection procedures: The Contract Documents and governing regulations govern product selection. Procedures governing product selection include the following: 1. Proprietary Specification Requirements: Where Specifications name only a single product or manufacturer, provide the product indicated. No substitutions will be permitted. 2. Semiproprietary Specification Requirements: Where Specifications name 2 or more products or manufacturers or where Specifications specify products or manufacturers by name, accompanied City of Fort Collins SECTION 01600 - MATERIALS AND EQUIPMENT Park Planning & Development Division Page 2 of 3 by the term "or equal" or "or approved equal," provide one of the products listed or comply with the Contract Document provisions concerning "substitutions" or obtain approval for use of an unnamed product. 3. Nonproprietary Specification Requirements: When Specifications list products or manufacturers that are available and may be incorporated in the Work, but do not restrict the Contractor to use these products only, the Contractor may propose any available product that complies with Contract requirements. Comply with Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. 4. Descriptive Specification Requirements: Where Specifications describe a product or name, provide a product or assembly that provides the characteristics and otherwise complies with Contract requirements. 5. Compliance with Standards, Codes, and Regulations: Where Specifications only require compliance with an imposed code, standard, or regulation, select a product that complies with the standards, codes, or regulations specified. 6. Visual Matching: Where Specifications require matching an established Sample, the Owner's decision will be final on whether a proposed product matches satisfactorily. 7. Visual Selection: Where specified product requirements include the phrase "... as selected from manufacturer's standard colors, patterns, textures..." or a similar phrase, select a product and manufacturer that complies with other specified requirements. The Owner will select the color, pattern, and texture from the product line selected. PART 3 - EXECUTION 3.01 Installation of Products A. Comply with manufacturer's instructions and recommendations for installation of products in the appliCations indicated. Anchor each product securely in place; accurately located and aligned with other Work. END OF SECTION City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 3 of 3 DMSION 1 SECTION 01700 — CONTRACT CLOSEOUT PART 1 —GENERAL 1.01 Related Documents A. Drawings and general provisions of the Contract, including general and supplementary conditions and other Division 1 specification sections, apply to this section. 1.02 Summary A. This Section includes administrative and procedural requirements for contract closeout including, but not limited to, the following: 1. Inspection procedures. 2. Project record document submittal. 3. Operation and maintenance manual submittal. 4. Submittal of warranties. 5. Final cleaning. B. Closeout requirements for specific construction activities are included in the appropriate Sections in Divisions 2 through 16. 1.03 Substantial Completion A. Preliminary Procedures: Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. 1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. 2. Advise the Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and similar documents. 4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Submit record drawings, maintenance manuals, final project photographs, damage or settlement surveys, property surveys, and similar final record information. 6. Deliver tools, spare parts, extra stock, and similar items. 7. Make final changeover of permanent locks and transmit keys to the Owner. Advise the Owner's personnel of changeover in security provisions. 8. Complete startup testing of systems and instruction of the Owner's operation and maintenance personnel. Discontinue and remove temporary facilities from the site, along with mockups, construction tools, and similar elements. 9. Complete final cleanup requirements, including touchup painting. 10. Touch up and otherwise repair and restore marred, exposed finishes. B. Inspection Procedures: On receipt of a request for inspection, the Owner will either proceed with inspection or advise the Contractor of unfilled requirements. The Owner will prepare the Certificate of Substantial Completion following inspection or advise the Contractor of construction that must be completed or corrected before the certificate will be issued. City of Fort Collins SECTION 01700 - CONTRACT CLOSEOUT Park Planning & Development Division Page 1 of 6 I . If the Owner's Representative determines that the work is not substantially complete at the time of review or that deficiencies remain at time of compliance review, the Contractor shall pay for the additional review(s) by Owner's Representative. 2. Results of the completed inspection will form the basis of requirements for final acceptance. 1.04 Status after Substantial Completion A. The date of substantial completion marks the beginning of the maintenance period defined in Section 02970 — Planting Maintenance. B. During maintenance period, the following conditions hold: 1. Insurance: Same as during construction. 2. Electricity and Irrigation Water: Supplied by Owner, as installed by Contractor under this contract. 3. Bonds: Remain in effect. 4. Retainage: Same as during construction. 1.05 Final Acceptance A. Preliminary Procedures: Before requesting final inspection for certification of final acceptance and final payment, complete the following. List exceptions in the request. 1. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include insurance certificates for products and completed operations where required. 2. Submit an updated final statement, accounting for final additional changes to the Contract Sum. 3. Submit a certified cony of the Owner's final inspection list of items to be completed or corrected endorsed and dated by the Owner. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance and shall be endorsed and dated by the Owner. 4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the date of Substantial Completion or when the Owner took possession of and assumed responsibility for corresponding elements of the Work. 5. Submit consent of surety to final payment. 6. Submit a final liquidated damages settlement statement. 7. Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. Reinspection Procedure: The Owner will reinspect the Work upon receipt of notice that the Work, including inspection list items from earlier inspections, has been completed, except for items whose completion is delayed under circumstances acceptable to the Owner. t. Upon completion of reinspection, the Owner will prepare a certificate of final acceptance. If the Work is incomplete, the Owner will advise the Contractor of Work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, reinspection will be repeated. 1.06 Record Document Submittals A. General: Do not use record documents for construction purposes. Protect record documents from deterioration and loss in a secure, fire-resistant location. Provide access to record documents for the Owner's reference during normal working hours. B. Record Drawings: Maintain a clean, undamaged set of blue or black line white -prints of Contract Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark which drawing is most capable of showing conditions fully and accurately. Where Shop Drawings are used, record a cross-reference at the City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 2 of 6 corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Mark record sets with red erasable pencil. Use other colors to distinguish between variations in separate categories of the Work. 2. Mark new information that is important to the Owner but was not shown on Contract Drawings or Shop Drawings. 3. Note related change -order numbers where applicable. 4. Organize record drawing sheets into manageable sets. Bind sets with durable -paper cover sheets; print suitable titles, dates, and other identification on the cover of each set. 5. Prior to Contract Closeout, obtain from the Owner a reproducible mylar copy of the Drawings. Using technical drafting pen, duplicate information contained on the Record Drawings maintained on site. Label each sheet "Record Drawing." On the first sheet, the Contractor or resident Superintendent shall execute the following statement: Having reviewed this document and all attachments, I affirm that, to the best of my knowledge, the information presented here is true and accurate. Signed: Position: Date: C. Record Specifications: Maintain one complete copy of the Project Manual, including addenda. Include with the Project Manual one copy of other written construction documents, such as Change Orders and modifications issued in printed form during construction. 1. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. 2 Give articular attention to substitutions and selection of options and information on concealed p construction that cannot otherwise be readily discerned later by direct observation. 3. Note related record drawing information and Product Data. 4. Upon completion of the Work, submit record Specifications to the Owner. D. Record Product Data: Maintain one copy of each Product Data submittal. Note related Change Orders and markup of record drawings and Specifications. 1. Mark these documents to show significant variations in actual Work performed in comparison with information submitted. Include variations in products delivered to the site and from the -manufacturer's installation instructions and recommendations. 2. Give particular attention to concealed products and portions of the Work that cannot otherwise be readily discerned later by direct observation. 3. Upon completion of markup, submit complete set of record Product Data to the Owner. E. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of Work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order. Identify miscellaneous records properly and bind or file, ready for continued use and reference. Submit to the Owner. F. Maintenance Manuals: Organize operation and maintenance data into suitable sets of manageable size. Bind properly indexed data in individual, heavy-duty, 2-inch (51-mm), 3-ring, vinyl -covered binders, City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 3 of 6 with pocket folders for folded sheet information. Mark appropriate identification on front and spine of each binder. Include the following types of information: 1. Emergency instructions. 2. Spare parts list. 3. Copies of warranties. 4. Wiring diagrams. 5. Recommended "turn -around" cycles. 6. Inspection procedures. 7. Shop Drawings and Product Data. 8. Fixture lamping schedule. 1.07 Warranties and Bonds A. Provide duplicate notarized copies. Maintain copies of all Contractor's submittals and assemble documents executed by subcontractors, suppliers, and manufacturers. Provide table of contents and assemble in binder with durable plastic cover. B. Submit material prior to final application for payment. For items of Work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.08 Final Payment A. At the end of maintenance period, submit written certification that Contract Documents Work has been reviewed and that Work is complete in accordance with Contract Documents and ready for Owner Representative's review. B. In addition to submittals required by the conditions of the Contract provide submittals required by governing authorities, and submit a final statement of accounting giving total adjusted Contract Sum, previous payments and sum remaining due. C. Owner's Representative will issue a Final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order. D. Retainage will be held until advertisement for liens and encumbrances is completed. PART 2 — PRODUCTS (Not Applicable) PART 3 — EXECUTION 3.01 Closeout Procedures A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular maintenance to meet with the Owner's personnel to provide instruction in proper operation and maintenance. Provide instruction by manufacturer's representatives if installers are not experienced in operation and maintenance procedures. Include a detailed review of the following items: 1. Maintenance manuals. 2. Record documents. 3. Spare parts and materials. 4. Tools. 5. Lubricants. 6. Fuels. 7. Identifrcation systems. 8. Control sequences. 9. Hazards. " 10. Cleaning. 11. Warranties and bonds. 12. Maintenance agreements and similar continuing commitments City of Fort Collins SECTION 01700 - CONTRACT CLOSEOUT Park Planning & Development Division Page 4 of 6 B. As part of instruction for operating equipment, demonstrate the following procedures: 1. Startup. 2. Shutdown. 3. Emergency operations. 4. Noise and vibration adjustments. 5. Safety procedures. 6. Economy and efficiency adjustments. 7. Effective energy utilization. 3.02 Final Cleaning A. General: The General Conditions require general cleaning during construction. Regular site cleaning is included in Division 1. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, commercial building cleaning and maintenance program. Comply with manufacturer's instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Subitantial Completion. C. Removal of Protection: Remove temporary protection and facilities installed for protection of the Work during construction. 1. Remove labels that are not permanent labels. 2. Clean transparent materials, including mirrors and glass in doors and windows. 3. Clean exposed exterior and interior hard -surfaced finishes to a dust -free condition, free of stains, films, and similar foreign substances. Restore reflective surfaces to their original condition. Leave . concrete floors broom clean. 4. Wipe surfaces of mechanical and electrical equipment. Remove excess lubrication and other substances. Clean plumbing fixtures to a sanitary condition. Clean light fixtures and lamps. 5. Clean the site, including landscape development areas, of rubbish, litter, and other foreign substances. Sweep paved areas broom clean; remove stains, spills, and other foreign deposits. Rake grounds that are neither paved nor planted to a smooth, even -textured surface. D. Compliance: Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from the site and dispose of lawfully. 1. Where extra materials of value remain after completion of associated Work, they become the Owner's property. Dispose of these materials as directed by the Owner. END OF SECTION City of Fat Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 5 of 6 DIVISION 1 SECTION 01800 — DEFINITION OF BID ITEMS The following items describe the scope of work for this contract and are further clarified through limit -of -work lines, notes on the drawings and specifications. The work described in each Bid Item may contain work from one or several technical specifications sections. The contractor shall refer to the technical specifications that apply to the individual components. GENERAL REQUIREMENTS: Bid Item 1 - Mobilization Includes mobilization, marshalling, disassembly and security of all items indicated on the plans or specifications. Bid Item 2 - General Conditions Includes all overhead, bonds, profit, testing, guarantee and all other related items or incidental work or costs necessary for the completion of the described elements. Any damage done to the site is the Contractor's responsibility and must be repaired. This may include ruts, concrete on Fossil Creek Trail and concrete curb at construction access. Bid Item 3 - Traffic Control Contractor shall provide approved traffic control and traffic control plan for an alternate route for Fossil Creek Trail. FILL AREA — Pond 1 and 2: Bid Item 4 - Dewaterina Contractor shall provide all labor and equipment for dewatering at the fill area. Bid Item 5 - Earthwork - Fill Contractor shall provide all material, labor and equipment for site earthwork including hauling, excavation, placement and all related work as noted on the plans or specifications. Work includes placement of fill at 85% in non-structural areas. Estimated quantity includes fill over pipe at pond 2. Bid Item 6 — Piae Extension Contractor shall provide all labor, materials and equipment to extend a 15" ADS pipe +/- 10 linear feet. STABILIZATION AND SITTING ROCKS - POND 2• Bid Item 7 - Riarap Contractor shall provide all material, labor and equipment to install riprap and bedding material as shown on the drawings. Riprap to be supplied by Granite Canyon Quarry in Wyoming, on I-80 between Cheyenne and Laramie, (888) 638-3582, contact Pete Bovis. Bid Item 8 — Sitting Rocks: Contractor shall provide labor and equipment to transport and install large rock where shown on drawings. Rocks will be made available by the Parks Department, located at Gateway Mountain Park on Highway 14, 5 miles west of the intersection of Highways 287 and 14. The price bid for this item shall include all of the Contractor's costs for loading, hauling, weighing, delivering, placing and all other incidental items for ten (10) rocks. All weights must be taken at a certified scale and all tickets must be submitted with payment applications. City of Fort Collins Section 01800 - Definition of Bid Items Park Planning & Development Division Page 1 of 2 STEPPING STONES — Pond 2: Bid Item 9 - Dewatering Contractor shall provide all labor and equipment for dewatering at the stepping stone area. Bid Item 10 - Riprap Contractor shall provide all material, labor and equipment to install riprap and washed rock as shown on the drawings. Riprap to be supplied by Granite Canyon Quarry in Wyoming, on I-80 between Cheyenne and Laramie, (888) 638-3582, contact Pete Bovis. Bid Item 11 — Stepping Stones: Contractor shall provide labor and equipment to transport and install rocks where shown on drawings. Rock will be made available by the Parks Department, located at Gateway Mountain Park on Highway 14, 5 miles west of the intersection of Highways 287 and 14. The price bid for this item shall include all of the Contractor's costs for loading, hauling, weighing, delivering, placing and all other incidental items for five (5) rocks. All weights must be taken at certified scale and all tickets must be submitted payment applications. ADD ALTERNATE BID ITEMS Bid Item 12 - Riprap at Pond 1 Contractor shall provide all material, labor and equipment to install riprap and bedding material as shown on the drawings. Riprap to be supplied by Granite Canyon Quarry in Wyoming, on I-80 between Cheyenne and Laramie, (888) 638-3582, contact Pete Bovis. Bid Item 13 - Topsoil Contractor shall place topsoil three inches deep in area shown on drawing and areas disturbed by construction. Bid amount includes all labor, material, and equipment for a complete item. END OF SECTION END OF DIVISION 1 City of Fort Collins Section 01800 - Definition of Bid Items Park Planning & Development Division Page 2 of 2 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. 12/03 Section 00100 Page 5 DIVISION 2 SECTION 02221— TRENCHING, BACKFILLING, AND COMPACTION PART 1-GENERAL 1.01 Scope Furnish all labor, materials, and equipment, and perform all operations to complete trenching, including excavation, subgrade preparation, drainage, filter fabric installation, bedding, backfilling, compacting, and finish grading for underground pipelines, service lines, sleeving, and appurtenances as shown on the drawings and as specified herein. 1.02 Related Work A. Section 02200 — Earthwork and Grading. B. Section 02520 — Portland Cement Concrete Paving. C. Section 02600 — Domestic Water Supply. D. Section 02700 — Sanitary Sewerage Systems. E. Section 02810 — Irrigation. F. Section 16000 — General Electrical. 1.03 Protection A. Obtain utility locations before commencing work. Protect all existing underground utilities, above ground structures or plantings, or repair to original condition. PART 2 MATERIALS: 2.01 Trench Backfill Material A. Trench excavation or imported material free from frozen material, stumps, roots, brush, other organic matter, cinders or other corrosive material, debris, and rocks or stones greater than 2 inches in any dimension. 2.02 Other A. Bedding, piping, filter fabric, and other materials specified on the drawings and in related sections. PART 3 EXECUTION 3.01 Preparation A. Remove and stockpile topsoil from areas to be disturbed by construction. Keep topsoil segregated from non -organic trench excavation materials and debris. 3.02 Trenching A. Excavate trenches by open cut methods. Segregate suitable backfrll. Rough trench excavation will leave trench with uniform width and vertical sidewalls from an elevation one foot above the top of installed pipe to the bottom of pipe. City of Fort Collins Section 02221 — Trenching, Backfilling and Compacting Park Planning & Development Division Page 1 of 2 B. Minimum trench width will provide 6 inch space between pipe wall and side of trench. Maximum trench width will be shown on the drawings or in the appropriate pipeline section. If not specified elsewhere the maximum trench width is the pipe O.D. plus 20 inches. C. Grade trench bottom to provide uniform clearance for bedding material. De -water trench. Remove loose material and foreign objects. When required, install filter fabric per manufacturer's specifications. D. Unstable subgrade is not expected. If unstable subgrade material is encountered, report the condition to the Owner. Remedy and payment for subgrade stabilization will be based on the actual conditions encountered. 3.03 Bedding A. Pipe will be bedded in accordance with the detailed drawings or the appropriate pipeline specification. 3.04 Backfilling and Compaction A. Backfiil trench promptly after completion of pipe bedding. B. Deposit material in uniform layers with thickness commensurate with the soil encountered and the compaction equipment used. C. Compaction requirements will be made at the moisture content and will meet the densities, by zone, specified in Section 02310 — Earthwork and Grading. D. Coordinate and schedule compaction tests with City Representative. 3.05 Surface Restoration A. Restore pavements according to City of Fort Collins Standards. B. Restore landscaped areas according to Section 02900 — Landscaping. END OF SECTION City of Fort Collins Section 02221 — Trenching, Backfiliing and Compacting Park Planning & Development Division Page 2 of 2 SECTION 02240 - WATER CONTROL AND DEWATERING PART1 GENERAL 1.01 SECTION INCLUDES A. The work of this section consists of controlling groundwater, site drainage, and storm flows during construction. The CONTRACTOR is cautioned that the work involves construction in and around drainage channels, local streams or rivers, and areas of local drainage. These areas are subject to frequent periodic inundation. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Embankments PART PRODUCTS 2.01 MATERIALS A. On -site materials may be used within the limits of construction to construct temporary dams and berms. The materials such as plastic sheeting, sand bags, and storm sewer pipe may also be used if desired by the CONTRACTOR. PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. General: For all excavation, the CONTRACTOR shall provide suitable equipment and labor to remove water, and he shall keep the excavation dewatered so that construction can be carried on under dewatered conditions where required by the Drawings and Specifications. Water control shall be accomplished such that no damage is done to adjacent channel banks or structures. The CONTRACTOR is responsible for investigating and familiarizing himself with all site conditions that may affect the work including surface water, level of groundwater and the time of year the work is to be done. All excavations made as part of dewatering operations shall be backfilled with the same type material as was removed and compacted to 95% of Maximum Standard Proctor Density (ASTM D698) except where replacement by other materials and/or methods are required. The CONTRACTOR shall conduct his operation in such a manner that storm or other waters may proceed uninterrupted along their existing drainage courses. By submitting a bid, the CONTRACTOR acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and assumes all of said risk. At no time during construction shall the CONTRACTOR affect existing surface or subsurface drainage patterns of adjacent property. Any damage to adjacent property resulting from the CONTRACTOR's alteration of surface or subsurface drainage patterns shall be repaired by the CONTRACTOR at no additional cost to the OWNER. CONTRACTOR shall remove all temporary water control facilities when they are no longer needed or at the completion of the project. 02240 - Page 1 of 2 Water Control and Dewatering Pumps and generators used for dewatering and water control shall be quiet equipment enclosed in sound deadening devices. B. Surface Water Control: Surface water control generally falls in to the following categories: l . Normal low flows along the channel; 2. Storm/flood flows along the channel; 3. Flows from existing storm drain pipelines; and, 4. Local surface inflows not conveyed by pipelines. The CONTRACTOR shall coordinate, evaluate, design, construct, and maintain temporary water conveyance systems. These systems shall not worsen flooding, alter major flow paths, or worsen flow characteristics during construction. The CONTRACTOR is responsible to ensure that any such worsening of flooding does not occur. The CONTRACTOR is solely responsible for determining the methods and adequacy of water control measures. At a minimum, the CONTRACTOR will be responsible for diverting the quantity of surface flow around the construction area so that the excavations will remain free of _ surface water for the time it takes to install these materials, and the time required for curing of any concrete or grout. The CONTRACTOR is cautioned that the minimum quantity of water to be diverted is for erosion control and construction purposes and not for general protection of the construction -site. It shall be the CONTRACTOR's responsibility to determine the quantity of water which shall be diverted to protect his work from damage caused by storm water. The CONTRACTOR shall, at all times, maintain a flow path for all channels. Temporary structures such as berms, sandbags, pipeline diversions, etc., may be permitted for the control of channel flow, as long as such measures are not a major obstruction to flood flows, do not worsen flooding, or alter historic flow routes. C. Groundwater Control: The CONTRACTOR shall install adequate measures to maintain the level of groundwater below the foundation subgrade elevation and maintain sufficient bearing capacity for all structures, pipelines, earthwork, and rock work. Such measures may include, but are not limited to, installation of perimeter subdrains, pumping from drilled holes or by pumping from sumps excavated below the subgrade elevation. The foundation bearing surfaces are to be kept dewatered and stable until the structures or other types of work are complete and backfilled. Disturbance of foundation subgrade by CONTRACTOR operations shall not be considered as originally unsuitable foundation subgrade and shall be repaired at Contractor's expense. Any temporary dewatering trenches or well points shall be restored following dewatering operations to reduce permeability in those areas as approved by the ENGINEER. END OF SECTION 02240 - Page 2 of 2 Water Control and Dewatenng DIVISION 2 SECTION 02260 — TOPSOIL PART 1 — GENERAL 1.01 Scope A. This work shall consist of excavating, stockpiling, and placing topsoil on the project site( and/or fiunishing, hauling, and stockpiling) and placing topsoil from approved sources. This work shall also include preservation of vegetation and objects designated to remain from injury or defacement. PART 2 — MATERIALS 2.01 Topsoil A. Topsoil shall consist of the organic growing layer of soil which is reasonable 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 proper development of vegetative growth. PART 3 — EXECUTION 3.01 Protection of Existing Improvements A. Provide protection necessary to prevent damage to existing improvements indicated to remain in place. B. Protect improvements on adjoining properties and on City's property C. Restore damaged improvements to their original condition, acceptable to parities having jurisdiction. D. Protect existing trees and other vegetation indicated to remain in place, against unnecessary cutting, breaking, or skinning of roots, skinning and bruising of bark, smothering of trees by stockpiling construction materials or excavated material within drip line, excess foot or vehicular traffic, or parking of vehicles within drip line. Provide temporary guards to protect trees and vegetation to be left standing. E. Water trees and other vegetation to remain within limits of contract work as required to maintain their health during the course of construction operations. F. Provide protection for roots over 1-1/2" diameter cut during construction operations. Coat cut faces with an emulsified asphalt, or other acceptable coating, formulated for use on damaged plant tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out; cover with earth as soon as possible. G. Repair or replace trees and vegetation indicated to remain which are damaged by construction operations, in a manner acceptable to parties having jurisdiction. Employ qualified tree surgeon to repair damages to trees and shrubs. Replace trees which cannot by repaired and restored to full growth status, as determined by the City. 3.02 Construction Requirements A. Materials selected for topsoil shall be excavated and stockpiled (and/or furnished, hauled, and stockpiled) and placed at the site and graded. Topsoil shall be placed directly upon constructed cut and fill slopes without the use of stockpiles whenever conditions and the progress or work will permit. City of Fort Collins Section 02250 — Topsoil Park Planning & Development Division Page 1 of 2 B. Strip topsoil to whatever depths encountered in a manner to prevent intermingling with underlying subsoil or other objectionable material. C. Limit stripping to limits of construction shown on the drawings; or to as small an area as practical within the right-of-way or limits of construction. D. Remove heavy growths of grass from areas before stripping. E. Where trees or bushes are indicated to be left standing, stop topsoil stripping a sufficient distance form the trees or bushes to prevent damage to main root system. F. Stockpile topsoil in storage areas designated or agreed to prior to starting work. Construct storage piles to freely drain surface water. Cover storage piles if required to prevent wind-blown dust. Maintain topsoil free from contamination. G. The area where topsoil shall be removed are: 1. Where final contours on the drawings indicate excavation or filling. 2. Under all asphalt parking and drive areas. 3. Under all walkways. 4. Under all graveled driveways and storage areas. 5. Under all new building sites. H. Topsoil shall be placed and graded in landscaped areas. Placement shall not impede drainage patterns. Topsoil shall not be placed until the areas to be covered have been properly prepared and grading operations in the area have been completed. END OF SECTION City of Fort Collins Section 02250 — Topsoil ^ Park Planning & Development Division Page 2 of 2 DIVISION 2 SECTION 02305 - MOBILIZATION PART 1-GENERAL 1.01 Work Included A. Prepare the site for construction. B. Move in and move out personnel and equipment. C. Set up and remove temporary offices, buildings, facilities and utilities. 1.02 Site Conditions A. The City has provided the right-of-way, easement or project site for all permanent access or permanent construction for the project. Any additional access, access right-of-way, construction areas, or additional needed land which may be involved in the construction of this project shall be the responsibility of the Contractor. B. The land owned by the City may be used'as site headquarters, storage yard, or base of operations provided that the use of said land meets with all of the requirements and restrictions imposed by the City at the time of usage. 1.03 Site Preparation for Contractor Occupancy A. The Contractor shall provide all temporary facilities as required for performing the work. The Contractor shall secure and maintain proper storage areas for equipment and materials in locations she/he may deem necessary for the proper execution of the job as approved by the City Representative. No storage yard or project headquarters site may be utilized in conflict with objections from the adjacent property owners unless the Contractor obtains from the City specific written permission for such objectionable use. No objectionable material will be allowed to blow from, wash off or drain off of any storage yard on to adjacent property. B. The Contractor shall maintain all storage yards in as neat and orderly a manner as possible, allowing no accumulation of waste materials or disposal piles. The Contractor may construct a temporary security fence for the protection of materials, tools, and equipment. The fence shall be maintained during the construction period. Upon completion of work, the security fence shall be removed from the site. The Contractor shall provide adequate parking facilities within the designated area for personnel working on the project. C. The Contractor shall obtain the necessary permits for connection to necessary services provided by utility companies serving the project area. D. Materials, equipment, and work required for temporary storm water management during the construction period shall be provided by the Contractor as required to ensure public safety and to protect the work in progress and materials stored on site. 1.04 Damage or Use -Fee Claims A. Any damage or use -fee claims filed against the Contractor may become a part of the final settlement of this project and may be cause for delay of final acceptance or delay of final payment. City of Fort Collins Section 02305 — Mobilization Park Planning and Development Division Page 1 of 2 PART 2 - NOT USED PART 3 - EXECUTION 3.01 Obstructions A. The location of some utilities and obstructions may not be shown. Bidders are advised to carefully inspect the existing facilities before preparing their proposals. The removal and replacement of _ minor obstructions such as electrical conduits, air, water, and waste piping and similar items shall be anticipated and accomplished, even though not shown or specifically mentioned. Major obstructions encountered that are not shown on the Contract Drawings or could not have been foreseen by visual inspection of the site prior to bidding should immediately be brought to the attention of the City Representative. The City Representative will make a determination for proceeding with the work. If the City Representative finds that the obstruction adversely affects the Contractor's costs or schedule for completion, a proper adjustment to the Contract will be made in accordance with the General Conditions. 3.02 Demolition A. Any pipes or existing structures encountered during construction shall be preserved until accepted for removal by the City Representative. The Contractor shall be required to repair pipes or structures in use that are damaged during construction at no cost to the City. The removal of abandoned pipes shall be reviewed by the City Representative. 3.03 Removal and Salvage of Materials A. The Contractor shall carefully remove materials specified to be reused or salvaged so as not to damage the material. Reuse by the Contractor of salvaged material will not be permitted, except as specifically shown or specified herein. Existing materials to be removed or replaced and not specifically designated for salvage shall become the property of the Contractor. Provide and maintain dust tight temporary partitions, bulkheads, or other protective devices during the construction to permit normal operation of the existing facilities. Construct partitions of plywood, insulating board, plastic sheets, or similar material. — END OF SECTION City of Fort Collins Section 02305 - Mobilization Park Planning and Development Division Page 2 of 2 DIVISION 2 SECTION 02310 - EARTHWORK AND GRADING PART 1 —GENERAL 1.01 Section Includes A. Stockpiling of topsoil B. Grading to contours within specified tolerances, cutting, and filling. C. Establishment of subgrades, compacting, and preparing the site for paving and vegetation. D. Erosion control measures E. The Contractor shall perform all excavation regardless of the type, nature, or condition of material encountered, as specified or required in order to accomplish the construction. 1.02 Related Sections A. Section 01290 —Measurement and Payment: requirements applicable to unit prices for the work of this section. B. Section 01450 —Quality Control and Testing: testing compaction of earth fill areas. C. Section 02110 — Site Clearing: stripping and stockpiling topsoil. 1.03 Unit Price Measurement and Payment A. Topsoil: by the percent complete as determined by the schedule of values. Includes removing, stockpiling, and redistributing topsoil. B. Subsoil: by the percent complete as determined by completed progress topographic surveys. C. Erosion control: by the percent complete. 1.04 Project Record Documents A. Submit under provisions of Section 01700. B. Accurately record actual location of utilities remaining by horizontal dimensions, elevations or inverts, and slope gradients. C. Accurately document finished grades and other information for use in preparing the City of Fort Collins Drainage Certification. 1.05 Quality Assurance A. Reference standards listed hereunder and referenced elsewhere in these specifications shall become a part of this specification and are incorporated herein by reference. The latest edition, amendment or supplement thereto in effect thirty days (30) before the date of bid invitation shall apply. 1. American Association of State Highway and Transportation Officials (AASHTO). City of Fort Collins — Soft Gold Park Section 02310 —Earthwork and Grading Park Planning & Development Division Page 1 of 7 2. American Society of Testing and Materials (ASTM). 1.06 Submittals A. Submit reports of testing service: Contractor shall provide soil testing service for quality control testing of soil compaction during earthwork operations, as required under City rules and regulations. Contractor will coordinate schedules with the Engineer in order to allow for adequate time to conduct tests. B. Testing Methods and Frequency Testing shall be done with the following methods and frequency: Item AASHTO ASTM Sampling T 87 D 420 Soil Classification M 145 D 3282 Moisture -Density (Proctor) T 99 D 698 T 180 D 1557 Density (Nuclear) T 238 D 2922 Moisture Content (Nuclear) T 239 D 3017 1.07 City Furnished Materials A. None, unless otherwise noted on the Bid Schedule. 1.08 Site Conditions A. A geotechnical investigation may have been performed for the City in order to obtain relative data concerning the character of material in and upon which the project is to be built. If an investigation has been performed, the information will be available to the Contractor for information purposes only, and is not to be considered a part of the Contract Documents. The Contractor shall satisfy himself as to the kind and type of soil to be encountered and any water conditions that might affect the construction of the project. B. The locations of existing utilities are shown in an approximate way only and not all utilities may be shown. The Contractor shall determine the exact location of all existing utilities prior to commencing work. The Contractor shall be fully responsible for any and all damages that might be occasioned by his failure to exactly locate and preserve any and all utilities. If utilities are to remain in place, the Contractor shall provide adequate means of support and protection during construction. C. Should drawn, or incorrectly drawn, piping or other utilities be encountered during excavation, the Contractor shall advise the City within thirty (30) minutes of encountering the utility. The Contractor shall cooperate with the City and utility companies in keeping respective services and facilities in operation to the satisfaction of the respective owners. The City reserves the right to perform any and all work required should the Contractor fail to cooperate with the respective companies, and back charge the Contractor for any and all expenses. City of Fort Collins — Soft Gold Park Section 02310 — Earthwork and Grading Park Planning & Development Division Page 2 of 7 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. -- 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 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, 12/03 Section 00100 Page 6 ^ D. The Contractor shall provide barricades and signs in accordance with the Uniform Manual of Traffic Control Devices where applicable. The Contractor shall maintain all devices in a working manner. E. Limit of Operations: 1. The Contractor will limit his operations to only those areas identified on the drawings. If the remaining area of the site is disturbed, in the opinion of the Owner, the Contractor will repair and re -seed the disturbed area. All costs of this work will be bome solely by the Contractor. 2. If unauthorized over -excavation occurs, the Contractor shall be responsible for the repair of the area, backfilling with approved material, and compacting to the specified density. F. Drainage: Maintain the excavations and site free from water throughout the course of the project. G. Interruption of Service: Coordinate interruption of utility services with the Owner and the utility operator. Make connections to the existing system requiring the service interruption during the time designated by the Owner (weekends, nights, holidays). 2. Obtain permission to cut and replace existing service lines. Notify affected users two hours in advance of interruption and restore service within four hours after interruption. Repair damage at no additional cost to the Owner. 3. Operate valves or other controls on the existing system only after obtaining Owner approval. H. Erosion Control: The Contractor will follow the requirements of the -Erosion Control Plan. The Contractor's earthwork schedule is to be identified and submitted on the schedule required by the General Conditions of the Contract. The Contractor will implement erosion control measures as described and herein referenced by the City of Fort Collins Erosion Control Manual. 1.09 Material Imports and Exports A. Waste or demolition material, including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be hauled off the site and disposed of in accordance with applicable regulations. B. Additional fill material, if required, shall be hauled to the site from off the site as a necessary part of the work. Material composition shall be subject to the requirements of the specifications. PART 2 - MATERIALS 2.01 Soil Materials A. Coarse -grained soils free from debris, roots, organic material, and non -mineral matter containing no particles larger than 4-inch size and classified as either: 1. Sands with fines (SM, SC) and less than 25 percent of the soil particles passing the No. 200 sieve, or 2. Clean sands (SW, SP) 3. Native soils as determined acceptable by the Engineer. City of Fort Collins — Soft Gold Park Section 02310 — Earthwork and Grading Park Planning & Development Division Page 3 of 7 2.02 Filter Fabric A. Filter Fabric shall be Typar 3451 W, Mirafi 700X or approved equal. PART 3 - EXECUTION 3.01 Preparation A. Field measurements: Before commencing work, locate all baselines and coordinates required for control of the work, establish required grade staking for control of excavation, fill and embankment construction. Field verify by excavation the location all utility crossings, service connections, and connections to existing lines before proceeding with earthwork. B. Layout Lines and Levels: 1. Verify that survey bench mark and intended elevations for the Work are as indicated. 2. The drawings indicate existing elevations and proposed elevations. The existing elevations and proposed are given for the convenience of the Contractor to assist him in arriving at the quantities of excavation, grading, backfrlling etc. 3. Before earthwork operations are started, all construction items shall be completely staked out for the Owner's approval. For any area with a two- percent slope or flatter, the Contractor shall lay out a 50-foot on -center grid and calculate the exact elevation at every intersection of the grid lines. These calculations will be approved by the Owner's Representative. 4. Preliminary grade stakes for subgrade elevations shall be set at 50 feet on center for the center line of walks; all dr6mge swales; breaks in grade; spot elevations; and as othi;rwise required to complete the work of this section to the elevations shown on the Drawings or as modified in the field by the Owner. 5. Protect benchmarks, temporary benchmarks, survey control points, sidewalks, paving, curbs, existing above and below grade utilities, and existing vegetation that is to remain from excavating equipment and vehicular traffic. C. Removal of Topsoil: Strip existing earthen material (topsoil) to a depth of 4 inches over the entire site. Stockpile on site in area approved by Owner's Representative. Keep topsoil segregated. Place, grade, and shape stockpile for proper drainage. 3.02 Excavation A. Prior to beginning excavation operations, accomplish all site preparation in accordance with these specifications. Perform excavation of every description to the lines and grades indicated on the drawings. B. Complete excavation work to the grade elevations shown on the drawings for all areas to be paved. 3.03 Clearing the Site A. All areas underlying new structures, paved areas, site fills and embankments shall be cleared of ^ stumps, shrubs, brush, and other vegetative growth. B. Any material containing roots, grasses and other deleterious or organic matter generally found in the top four to six inches of undisturbed natural terrain shall be stripped from all areas requiring City of Fort Collins — Soft Gold Park Park Planning & Development Division Section 02310 — Earthwork and Grading Page 4 of 7 excavation, grading, trenching, subgrade preparation for foundations and embankment work. The City will require stripped topsoil deemed suitable for spreading over the finished grades to be stockpiled and preserved until the finished grading operation, at which time it shall be spread uniformly over areas to be seeded or sodded. C. Upon completion of the project, completion of a particular phase of the project, or termination of the use of any particular area, site, storage yard right-of-way or easement, the Contractor shall promptly and neatly clean up the area and re-establish the ground to the contours required by the project or conditions prior to project commencement. 3.04 Earth Fill Construction A. Install the work in accordance with the Geotechnical Engineering Report and in accordance with the City of Fort Collins standards. B. The Contractor shall perform all grading to the lines and grades specified and/or established by the Engineer, with an appropriate allowance for topsoil. All slopes shall be free of all exposed roots and stones exceeding 3-inch diameter, which are loose and liable to fall. Tops of banks shall be rounded to circular curves not less than 6-feet in radius or as shown on the drawings. C. Rounded surfaces shall be neatly and smoothly trimmed. Topsoil shall be replaced to a depth of 4-inches in areas to be revegetated. D. The Contractor shall protect the fill against freezing when atmospheric temperature is less than 35 degrees F (1 degree C). 3.05 Compaction A. The Contractor shall meet minimum percentage density specified for each area classification as follows. Percentage of Maximum Density Requirements: Compact soil to not less than the indicated percentages of maximum density relationship determined in accordance with ASTM D 698. Foundations, Paved Areas, Utilities, and Sidewalks - 95 percent 2. Unpaved Areas - 90 percent B. Control moisture content within 2% of optimum moisture content as determined by ASTM D 698. Where subgrade or layer of soil material is too dry to permit compaction to the specified density, uniformly apply water to surface of cut area, subgrade, or loosely placed layer of soil material. Mix soil and applied water by blading, disking, or other methods to achieve uniform moisture content throughout the soil mass to be compacted. C. Remove and replace, or, scarify and air dry, soil material that is too wet to permit compaction to specified density. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by disking, harrowing or pulverizing until moisture content is reduced to a satisfactory value. D. Puddling is not an acceptable method of compaction. City of Fort Collins — Soft Gold Park Section 02310 — Earthwork and Grading Park Planning & Development oivision Page 5 of 7 3.06 Grading A. Landscape Area and Remainder of Site: 1. Rough grade areas as indicated on grading plan to 4 inches below finish grade. After rough grading is finished, compacted and approved, scarify area to a depth of at least 6 inches. 2. Place previously stockpiled topsoil in all areas within the limits of the project not indicated to receive subsequent foundations, slabs on grade, walks, safety surfacing or other similar materials. 3. Uniformly distribute topsoil on the disturbed area and evenly spread to a thickness of 4 inches deep after light compaction. Perform spreading so that planting can proceed with little additional soil preparation or tillage. Do not place topsoil when subgrade is frozen, excessively wet, extremely dry or in a condition otherwise detrimental to specified grading, seeding and planting specifications. — B. Finish Grading: 1. Grade all excavated sections, filled sections, construction disturbed areas and adjacent transition areas to finish elevation. Make finished surfaces smooth, compacted and free from irregular surface changes. Remove all construction debris. 2. Unless indicated otherwise on drawings, finish grade area adjacent to sidewalks and pavements to '/z inch below finish elevation of sidewalk and pavement. 3. Grades not otherwise indicated shall be uniform levels or slopes between such points and existing finish grade. Abrupt change in slopes shall be rounded. 3.07 Tolerances A. In the areas to receive new fill and riprap tolerances shall be within plus or minus 0.50 foot. Refer to Division 1, section 1.16 for additional tolerance requirements. 3.08 Field Quality Control A. Section 01400 —Quality Assurance: Field inspection and testing. B. Testing: In accordance with AASHTO T180. C. Allow testing service to inspect and approve subgrades and fill layers before further construction work is performed. Notify testing service not less than 8 working hours in advance. Testing shall be at the discretion of the Owner. D. If tests indicate that the Work does not meet the specified requirements, remove work, replace and retest. E. Verification of grading within allowable tolerances shall be conducted as requested by the Owner. The Contractor shall provide all necessary surveying equipment and a survey crew, if requested by the Owner. If, in the opinion of the Owner, the grading does not conform to the reugired grades and tolerances, the Contractor shall regrade the area and bear all costs associated with the regrading and reverification until the specifications are met. City of Fort Collins — Soft Gold Park Section 02310 — Earthwork and Grading Park Planning & Development Division Page 6 of 7 3.09 Settlement A. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, the Contractor shall scarify the ground surface, re -shape, and compact to required density prior to further construction. B. Any settlement in backfill, fill, or in structures built over the backfill or fill, which may occur within the guarantee period in the General Conditions will be considered to be caused by improper compaction methods and shall be corrected at no cost to the City. Any structure damaged by settlement shall be restored to their original condition by the Contractor at no cost to the City. 3.10 Disposal of Excess Excavation and Waste Materials A. The Contractor shall dispose of all excess excavated material not required for fill on -site, as directed by the Engineer. The grading design is intended to balance on site. Utility trench excavation material was not included in the calculation of earthwork balance. B. The Contractor shall remove and be responsible for legally disposing of excess fill material not placed on -site, waste materials, trash and debris. C. The Contractor shall conduct all site grading operations and other construction activities to minimize erosion of site soil materials. The contractor shall be responsible to maintain streets/public right-of-way daily by removing any spillage of dirt, rocks or debris from equipment entering or leaving the site. 3.11 Dust Control . A. Obtain Larirner County Fugitive Dust Permit. B. Control the amount of dust generated from construction to prevent hazardous conditions or public nuisance. Use of water will not be permitted when it will result in hazardous conditions such as ice, flooding, or pollution. Blowing dust will not be permitted. 3.12 Cleaning During and upon completion of earthwork operations, clean areas within contract limits and within the public rights -of -way. Remove tools and equipment. Provide site clear, clean, free of debris, and suitable for site work operations. END OF SECTION City of Fort Collins — Soft Gold Park Section 02310 - Earthwork and Grading Park Planning & Development Division Page 7 of 7 SECTION 02315 - EXCAVATION AND EMBANKMENT PART GENERAL 1.01 SECTION INCLUDES A. This work shall consist of excavation, embankment fill, disposal of excess material, shaping, and compaction of all material encountered within the limits of work, including excavation and backfill for structures. The excavation shall include, but is not limited to, the native soils which must be excavated for the project work. All work shall be completed in accordance with these Specifications and the lines and grades on the Drawings. 1.02 DEFINITIONS A. Unclassified Excavation shall consist of the excavation of all materials on site to final grades, excluding the bid items included in section 02220. Excavation of unsuitable material will only be paid for if it is found to be unsuitable in its original state. B. Muck Excavation shall consist of the removal and disposal of mixtures of soils and organic matter not suitable for foundation material and replacement with approved material. Material damaged due to rain or weather will not be paid for as Muck excavation and is entirely the responsibility of the CONTRACTOR. C. Rock Excavation shall consist of igneous, metamorphic and sedimentary rock which cannot be excavated without the use of rippers, and all boulders or other detached stones each having a volume of 1/2 cubic yard or more, as determined by physical or visual measurement. It shall also include replacement with approved material as required. D. Embankment (Complete in Place): shall consist of placing all excavated material, except material being hauled and disposed, as embankment and compacted to final grades as specified in the Contract Documents and on the Drawings. 1.03 DESCRIPTION A. This work shall consist of excavation, disposal, placement, and compaction of all material encountered within the limits of the work, and not being completed under some other item, necessary for the construction of the project in accordance with the Specifications and the lines, grades, and typical cross -sections shown on the Drawings. All excavation will be classified, "unclassified excavation", or "muck excavation" or "rock excavation", as hereafter described. All embankment will be classified "embankment material' as hereafter described. 1.04 RELATED SECTIONS A. Section 02240 — Water Control and Dewatering 1.05 QUALITY ASSURANCE A. Final topography and/or cross -sections will be surveyed of areas that are to finished grade and compared to the design section for accuracy. Final grade shall match design grades within the tolerances discussed in PART 3 EXECUTION. 02315 - Page 1 of 4 Excavation and Embankment PART PRODUCTS 2.01 MATERIALS A. Embankment material may consist of approved material acquired from excavations or material hauled from outside the project limits. Suitable material identified on -site shall be used first for embankments and backfill. Excess excavated native soils which are not used as embankment or backfill shall become the property of the CONTRACTOR and shall be disposed of off -site by the CONTRACTOR, in a location acceptable to the ENGINEER. B. Muck excavation encountered in all areas other then within the lakes shall also include the replacement of excavated muck with uniformly graded rock, riprap, on -site or imported soils, or other material whichever is most suitable for the specific situation encountered. The ENGINEER will determine which type of aggregate or other material which shall be used after observing the specific site conditions. PART 3 EXECUTION 3.01 GENERAL EXCAVATION/EMBANKMENT A. General: The excavation and embankment for the project work shall be finished to reasonably smooth and uniform surfaces. Variation from the subgrade plane shall not be more than .08 feet in soil or more than .08 feet above or .50 below in rock. Materials shall not be wasted without permission of the ENGINEER. Excavation operations shall be conducted so that material outside of the limits of slopes will not be disturbed. When the CONTRACTOR's excavating operations encounter remains of pre -historic people's dwelling sites or artifacts of historical or archaeological significance, the operations, shall be temporarily discontinued. The ENGINEER will contact archaeological authorities to determine the disposition thereof. When directed, the CONTRACTOR shall excavate the site in such a manner as to preserve the artifacts encountered and shall remove them for delivery to the custody of the proper state authorities. Such excavation will be considered and paid for as extra work. B. Excavation: 1. Unclassified: All excess suitable material excavated from the project site and not used for embankment shall be removed from the project site and become the property of the CONTRACTOR. Where material encountered within the limit of the work is considered unsuitable for embankment (fills) on any portion of this project work, such material shall be excavated as directed by the ENGINEER and replaced with suitable fill material. All unsuitable excavated material from excavation consisting of any type of debris (surface or buried), excavated rock, bedrock or rocks larger than 6 inches in diameter and boulders shall be hauled from the project site and disposed of. Debris is defined as "anything that is not earth which exists at the job site". 2. Muck: Where excavation to the finished grade section results in a subgrade or slopes of unsuitable soil, the ENGINEER may require the CONTRACTOR to remove the unsuitable materials and backfill to the finished graded section with approved material. Disposal of the material shall be at the CONTRACTOR's expense. 02315 - Page 2 of 4 Excavation and Embankment Good surface drainage shall be provided around all permanent cuts to direct surface runoff away from the cut face. 3. Rock: Unless otherwise specified, rock shall be excavated to a minimum depth of 0.5 feet below subgrade within the limits of the channel area, and the excavation shall be backfilled with material shown on the Drawings or as designated by the ENGINEER. Disposal of material and replacement with suitable approved material shall be at the CONTRACTOR's expense. C. Embankment Construction: Embankment construction shall consist of constructing all fill areas, including preparation of the areas upon which they are to be placed, and the placing and compacting of embankment material in holes, pits and other depressions within the project area. Only approved materials shall be used in the construction of embankments and backfills. Approved materials shall consist of clean on -site cohesive soils or approved imported soils. On -site cohesive soils are suitable for use as compacted fill provided the following recommendations are met: Excavation and Embankment will only be paid when a significant change in grade is required, as determined by the ENGINEER. Minor cuts and fills will be considered incidental to the work, and will not be paid for separately under this section. Percent Finer by Weight Gradation (ASTM C136) '/z-Inch 100 3/8-Inch 70 — 100 No. 4 Sieve 50 —100 No. 200 Sieve 60 (min) Percent Finer by Weight Gradation (ASTM C136) • Liquid Limit 35 (max) • Plasticity Index 20 (max) • hi -Situ Coefficient of Permeability 1xl0-6 cm/sec On -site cohesive soils or imported soils should be placed and compacted in horizontal lifts, using equipment and procedures that will produce recommended moisture contents and densities throughout the lift and embankment height. On -site or imported cohesive soils should be compacted within a moisture content range of 2% below, to 2% above optimum moisture content and compacted to 95% of the Maximum Standard Proctor Density (ASTM D698). When embankment is to be placed and compacted on hillsides, or when new embankment is to be compacted against existing embankments, or when embankment is built 1/2 width at a time, the slopes that are steeper than 4:1 when measured longitudinally or at right angles to the adjacent ground shall be continuously benched over those areas where it is — required as the work is brought up in layers: Benching shall be well keyed and where practical a minimum of 8 feet. Each horizontal cut shall begin at the intersection of the original ground and the vertical sides of the previous cuts. Material thus cut out shall be recompacted along with the new embankment material at the CONTRACTOR'S expense. 02315 - Page 3 of 4 Excavation and Embankment The ground surface underlying all fills shall be carefully prepared by removing all organic matter, scarification to a depth of 8 inches and recompacting to 95% of the Maximum Standard Proctor Density (ASTM D698) at optimum moisture content + or - 2% prior to fill placement. Embankment material shall be placed in horizontal layers not exceeding 8 inches (loose measurement) and shall be compacted to 95% of the Maximum Standard Proctor Density (ASTM D698) at optimum moisture content + or - 2%. Effective spreading equipment shall be used on each lift to obtain uniform thickness prior to compacting. As the compaction of each layer progresses, continuous leveling and manipulating will be required to assure uniform density. For embankments which serve as berms, the downstream portion shall be "keyed" into the subsurface soils a minimum of 3 feet to enhance the stability of the slope. Materials which are removed from excavations beneath the water table may be over the optimum moisture content and will require that they be dried out prior to reusing them. Cross hauling or other action as appropriate will be ordered when necessary to insure that the best available material is placed in critical areas of embankments, including the top 2 feet of all embankments. No additional payment will be made for cross hauling ordered by the ENGINEER. Frozen materials shall not be used in construction of embankments. During the construction of the channels, the channel bottom shall be maintained in such condition that it will be well drained at all times. Excavation or Embankment (Fill), and Structural Backfill work either completed or in a stage of completion that is either eroded or washed away or becomes unstable due to either rains, snow, snow melt, channel flows or lack of proper water control shall be either removed and replaced, recompacted or reshaped as directed by the ENGINEER and in accordance with the Drawings and Specifications at the CONTRACTOR's sole expense. Removed unsuitable materials shall be hauled away and disposed of at the CONTRACTOR's expense. Placing of replacement materials for removed unsuitable materials shall be purchased, placed and compacted at the CONTRACTOR' expense. D. Proof rolling with a heavy rubber tired roller will be required, if designated on the Drawings or when ordered by the ENGINEER. Proof rolling shall be done after specified compaction has been obtained. Areas found to be weak and those areas which failed shall be ripped, scarified, wetted if necessary, and recompacted to the requirements for density and moisture at the CONTRACTOR's expense. Proof rolling shall be done with equipment and in a manner acceptable to the ENGINEER. Proof rolling as shown on the Drawings or as ordered by the ENGINEER shall not be measured and paid for separately, but shall be included in the unit prices bid for the work. END OF SECTION 02315 - Page 4 of 4 Excavation and Embanjunent SECTION 02375 — RIPRAP AND BEDDING, SITTING ROCK AND STEPPING STONES PART1 GENERAL 1.01 SECTION INCLUDES A. The work of this section shall include excavation, grading and installation of all riprap, bedding, and sitting rocks placed at the locations shown on the Drawings. The materials to be used for the construction of such structures shall be as specified herein. 1.02 RELATED SECTIONS A. Section 02240 — Water Control and Dewatering B. Section 02315 — Excavation and Embankment 1.03 SUBMITTALS A. The CONTRACTOR shall submit certified laboratory test certificates for bedding material. _ No submittals or testing is required for riprap, sitting rocks and stepping stones. PART PRODUCTS — 2.01 MATERIALS A. Riprap: Type 2 Gray Riprap. The source of the riprap to be used shall be Granite Canyon Quarry in Wyoming, on Interstate Highway 80 between Cheyenne and Laramie, (888) 638-3582, contact Pete Bovis. B. Bedding: l . Gradation for Granular Bedding U.S. Standard Percent by Weight Passing Square Mesh Sieves Sieve Size TYTe I TTp-e II % Inch 20- 90 Granular bedding designation and total thickness of bedding shall be as shown on the Drawings. C. Sitting Rock and Stepping Stones: The source of rock for sitting rock and stepping stones shall be City of Fort Collins, Gateway Mountain Park. The park is located on Highway 14, 5 miles west of the — intersection of Highway 287 and Highway 14. Rock shall be selected on site by the Owner's Representative. The rock shall be the following approximate sizes: 02375 - Page 1 of 3 Riprap, Bedding and Feature Rock Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 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. 12/03 Section 00100 Page 7 Quantity A prox. Size 5 4' x 3' x 2' 5 5'x4'x3' 5 6'x4'x3' PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. Channel slopes, bottoms, or other areas that are to be protected with riprap shall be free of brush, trees, stumps, and other objectionable material and be graded to a smooth compacted surface. The CONTRACTOR shall excavate areas to receive riprap to the subgrade for granular bedding. The subgrade for bedding materials shall be stable. If unsuitable materials are encountered, they shall be removed and replaced as Muck Excavation in accordance with Section 02315 of the Specifications. Unsuitable materials shall be disposed of from the site by the CONTRACTOR at his expense. After an acceptable subgrade for granular bedding material is established, the bedding shall be immediately placed and leveled to the subgrade elevation. Immediately following this, the riprap shall be placed. If bedding material is disturbed for any reason, it shall be replaced and graded at the CONTRACTOR's expense. In -place bedding materials shall not be contaminated with soils, debris or vegetation before the riprap is placed. If contaminated, the bedding material shall be removed and replaced at the CONTRACTOR's expense. 3.02 PLACEMENT A. Following acceptable placement of granular bedding, riprap placement shall commence as follows: Machine Placed Riprap: Riprap shall be placed on the prepared slope or channel bottom areas in a manner which will produce a reasonably well -graded mass of stone with the minimum practicable percentage of voids. Riprap shall be machine placed, unless otherwise stipulated in the Drawings or Specifications. When riprap is placed on slopes, placement shall commence at the bottom of the slopes working up the slope. Place the riprap in a stepped fashion with the bottom of the uphill riprap below the top of the downhill riprap by half of the height of the riprap minimum. The entire mass of riprap shall be placed on either channel slopes or bottoms so as to be in conformance with the required gradation mixtures and to lines, grades, and thickness shown on the Drawings. Riprap shall be placed to its full course thickness at one operation and in such a manner as to avoid displacing the underlying bedding material. Placing of riprap in layers, or by dumping into chutes, or by similar methods shall not be permitted. All material going into riprap protection for channel slopes or bottoms shall be so placed and distributed that there will be no large accumulations of either the larger or smaller sizes of stone. Some hand placement may be required to achieve this distribution. 02375 - Page 2 of 3 Riprap, Bedding and Feature Rock It is the intent of these Specifications to produce a fairly compact riprap protection in which all sizes of material are placed in their proper proportions. Unless otherwise authorized by the ENGINEER, the riprap protection shall be placed in — conjunction with the construction of embankments or channel bottoms with only sufficient delay in construction of the riprap protection, as may be necessary, to allow for proper construction of the portion of the embankment and channel — bottom which is to be protected. The CONTRACTOR shall maintain the riprap protection until accepted. Any material displaced for any reason shall be replaced to the lines and grades shown on the Drawings at no additional cost to the OWNER. If the bedding materials are removed or disturbed, such material shall be replaced prior to replacing the displaced riprap. 2. Hand Placed Riprap: Hand placed riprap shall be performed during machine placement of riprap and shall conform to all the requirements of Section 02375 PART 2 above. Hand placed riprap shall also be required when the depth of riprap is less than 2 times the nominal stone size, or when required by the Drawings or Specifications. After the riprap has been placed, hand placing or rearranging of individual stones by mechanical equipment shall be required to the extent necessary to secure a flat uniform surface and the specified depth of riprap, to the lines and grades as shown on the Drawings. 3. Soil Replacement In and Over Riprap: Where riprap is designated to be buried, place onsite excavated material that is free from trash and organic matter in riprap voids by washing and rodding. Prevent excessive washing of material into stream. When voids are filled and the surface accepted by the ENGINEER, place a nominal 6 inches of soil over the area, or as designated on the Drawings. Fine — grade, seed, and mulch per the Specifications. 4. Rejection of Work and Materials: The ENGINEER shall reject placed riprap which does not conform to this Section and the CONTRACTOR shall immediately remove and relay the riprap to conform with said sections. Riprap shall be rejected, which is either delivered to the job site or placed, that — does not conform to this Section. Rejected riprap shall be removed from the project site by the CONTRACTOR and at his expense. B. Sitting rock and Stepping Stone placement: Place sitting rocks with flat side up. Bury rock approximately 1/3 the height of the rock. Location to be determined on site by the Owner's Representative. 2. Place stepping stones on bedding material with flat side up. Set stepping stones so ^ that top of stone is a minimum 4" above high water level. END OF SECTION 02375 - Page 3 of 3 Riprap, Bedding and Feature Rock No Text EXISTING LANDSCAPE AREA, 11 PROTECT TREES/SHRUBS Y SITTING ROCK, LOCATED ON SITE BY OWNER'S REP. FILL OVER EXISTING GRADE/RIP RAP 0 FIELDSTAKE EXTENT OF RIP -RAP AND RECEIVE OWNERS REP APPROVAL PRIOR TO PLACEMENT. 6'-0" TYPE 2 RIP -RAP, SEE SPECIFICATIONS. GRANULAR BEDDING MATERIAL APPROXIMATE HIGH BOTTOM OF LAKE CALL UTILITY NOTIFICATION CENTER OF COLORADO 1-800-922-1987 CALL TWO BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE NARKING OF UNDERGROUND NEIINER UmxnFS d CLF omLAKE STABILIZATION AT FCCP e°r.'�,m- 4 RIPRAP SECTION - POND 2 TURF STEPPING STONES A TRAIL CDC:�)� A PLAN VIEW STEPPING STONE SURFACE TO BE MINIMUM 4" ABOVE HIGH WATER. (TO BE DETERMINED ON SITE.) rn M SECTION A -A STEPPING STONE APPROXIMATE HIGH WATER LEVEL GRANULAR BEDDING MATERIAL TYPE 2 RIP —RAP, SEE SPECIFICATIONS. TRAIL CALL UTUITY NOTIFICATION CENTER OF COLORADO 1-800-922-1987 CALL TWO BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTMTIES W v m LAKE STABILIZATION AT FCCPAM Pcmeepw : CLP N -4 STEFFING STONE FLAN AND SECTION ADD TOP SOIL TO EXISTING LANDSCAPE AREA FILL OVER EXISTING TYPE 2 RIP -RAP, GRADE/RIP RAP SEE SPECIFICATIONS. GRANULAR BEDDING MATERIAL APPROXIMATE HIGH FIELDSTAKE EXTENT OF RIP -RAP AND RECEIVE OWNERS REP APPROVAL PRIOR TO PLACEMENT. 4'-0" CALL UTHM N017FICATION CENTER OF COLORADO 1-800-922-1987 CALL TWO BUSMS DAYS IN ADVANCE. BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND EWER UTmms DAM o m LAKE STABILIZATION AT FCCP 'HUB w RIFRAF SECTION - FOND 1 21.0 RETAINAGE. -' Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a _ collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 12/03 Section 00100 Page 8 SECTION 00300 BID FORM City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 1 BID #5884 LAKE STABILIZATION AT FOSSIL CREEK PARK SPECIFICATIONS AND CONTRACT DOCUMENTS Bid No. 5884 — Lake Stabilization at Fossil Creek Park OPENING DATE: November 16, 2004, 3:00 P.M. (Our Clock) To all prospective bidders under the specification and contract documents described above, the following changes are hereby made. 1. No questions regarding this bid will be accepted after November 9, 2004, 5:00 pm. 2. Please use the attached Bid Schedule when submitting your bid. 3. SPECIFICATIONS 1. Division 1, Section 01800, Definition of Bid Items: Bid Item 4a. — Earthwork - Haul and Dispose Contractor shall take unusable material from the pond and remove it from the site. Bid amount includes all labor, material and equipment for a complete item. Bid Item 9a. — Earthwork - Haul and Dispose Contractor shall take unusable material from the pond and remove it from the site. Bid amount includes all labor, material and equipment for a complete item. 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 9 FAX (970) 221-6707 L AI E AT FOSSIL CREEK PARK BID SCHEDULE Bid items are described In Section 01800 BID ESTIMMED, UNIT nEM ITEM # DESCPJ TION QUANTITY UNIT PRICE TOTAL GENERAL. REQLIfRE11EN1S 1 Mobilization 1 Ls ?S an e -2-5 Ub-� 2 Genecat conditions 1 Ls .37 (X�?120 3 00 3 Traffic Cor" 1 Ls % SD FILL AREA - POND I AND 2 4 Dewata ft 1 LS 6 "p 4a Dewaleng - Had and Dispose 50 CY h = 2 000 5 Earttwwrk - FIN 125 CY 13 / (a,) S -` 6 PipeExkWAdon 10 LF 3o 3oo7�- STABILIZATION AND SFITIUG ROCKS - POND 2 7 Riprap 520 LF _V----- d2 . ,J v2 O 8 Sing todm 40 TON �[C;,L = �D STEPPING STONES - POND 2 9 Dewataring 1 Ls IS 6 o` / S D O ga Dewaterig - Had and Dispose 10 CY 'j d _ ao 10 faprap 10 LF 20 %66 �" 11 Stepping Stones 20 TON _ f 2 � yoo TOTAL OF BASE BID ADD ALTERNATE: 1 Rip Rep at Pond 1 270 LF 2 Topeod 50 CY f S 7 9 d < d SECTION 00300 BID FORM PROJECT: LAKE STABILIZATION AT FOSSIL CREEK PARK; BID NO. 5884 Place Date l . In compliance with your Invitation to Bid dated it f �2 11,2 (70 and subject to all conditions thereof, fhe undersigned S / A004i la�J�izv�,"gin a **(Corporation, Limited Liability Company, s , Joint Venture, or Sole Proprietor)** authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation 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 a 3 O' ( 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 f/o� llows: r�7- ir�(lfii ( / (,LM. 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through I_ 7/96 Section 00300 Page 1 ADDRESS: BID SCHEDULE (Base Bid) LAKE STABILIZATION AT FOSSIL CREEK PARK BID SCHEDULE Bid items are described in Section 01800 BID ESTIMATED UNIT ITEM ITEM # DESCRIPTION QUANTITY UNIT PRICE TOTAL GENERAL REQUIREMENTS 1 Mobilization 1 LS 2 General Conditions 1 LS 3 Traffic Control 1 LS FILL AREA - POND 1 AND 2 4 Dewatering 1 LS 5 Earthwork - Fill 125 CY 6 Pipe Extension 10 LF STABILIZATION AND SITTING ROCKS - POND 2 7 Riprap 520 LF 8 Sitting Rocks 40 TON STEPPING STONES - POND 2 9 Dewatering 1 LS 10 Riprap 10 LF 11 Stepping Stones 20 TON 7/96 Section 00300 Page 2 TOTAL OF BASE BID (written)Figure ADD ALTERNATE: 1 Rip Rap at Pond 1 270 LF 2 Topsoil 50 CY 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. RESPEC F *SUBMD: 2ao t/ Signature Date P� /-Pt Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address ,) C& Telephone C27 p) )j t - 9 �[I 7/96 Section 00300 Page 3 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410Bid Bond 00420Statement of Bidder's Qualifications 00430Schedule of Subcontractors 7/96 Section 00410 Page 1 11804826L7051 12WOO 2481:486L 505774ii' KNOW ALL Surety, are as OWNER, i truly to be assigns. SECTION 00410 MEN BY THESE PRESENTS: that we, the undersigned as Principal, and as hereby held and firmly bound unto the City of Fort Collins, Colorado, i the sum of $ for the payment of which, well and made, we hereby jointly and severally bind ourselves, successors, and THE CONDITION of this obligation is such that whereas the Principal has submitted, to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, LAKE STABILIZATION AT FOSSIL CREEK PARK; BID NO. 5884. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20 , 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: Address: By: Title: ATTEST: By: (SEAL) 7/96 By: Title: SURETY (SEAL) Section 00410 Page 3 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: J r 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under -your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) � j l t <Urae-i6 sEorr se wCt 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you?(j If so, where and why? 9. Have your ever defaulted on a contract? ed If so, where and why? 10. Are you debarred by any government agency? CS If yes list agency name. 7/96 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. 12 List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: PCJrT� 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ Z��jj 16. Bank reference: QAIA 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? r/ 10 18. Are youlicensedas a General CONTRACTOR? �A tj If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? Z p If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time? t' 0 If DETAIL yes, 7/96 Section 00420 Page 2 ADDENDIJW W . LAKE STABILIZATION AT FOSSIL CREEK PARK BID SCHEDULE Bid items are described in Section 01800 BID ESTIMATED UNIT ITEM ITEM # DESCRIPTION QUANTITY UNIT PRICE TOTAL GENERAL REQUIREMENTS 1 Mobilization 1 LS 2 General Conditions 1 LS 3 Traffic Control 1 LS FILL AREA - POND 1 AND 2 4 Dewatering 1 LS 4a Dewatering - Haul and Dispose 50 CY 5 Earthwork - Fill 125 CY 6 Pipe Extension 10 LF STABILIZATION AND SITTING ROCKS - POND 2 7 Riprap 520 LF 8 Sitting Rocks 40 TON STEPPING STONES - POND 2 9 Dewatering 1 LS 9a Dewatering - Haul and Dispose 10 CY 10 Riprap 10 LF 11 Stepping Stones 20 TON TOTAL OF BASE BID (written) Figure ADD ALTERNATE: 1 Rip Rap at Pond 1 2 Topsoil 270 LF 50 CY 21. What are the limits of your public liability? DETAIL ovo// Ur-)O ayy What company?' 22. What are your company's bonding limitations0��,SUC 0 i 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 �'��y� M __ this & 714 day of 0)Q Zed b joC 20 V. State of 66) County of /�Pkll %�O being duly sworn deposes and says that he is i1:,ncA-� of 6&cwX Ae&k� r��Siiv%E i�a. 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 _�LQ_ day of eve. e i 2 `t Notary Publ c My commission expires 7/96 My Commission Expires 4.23-07 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 150 of the contract. ITEM SUBCONTRACTOR 7/96 Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520Agreement 00530Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: November 29, 2004 TO: Stormy Peaks Construction PROJECT: LAKE STABILIZATION AT FOSSIL CREEK PARK; BID NO. 5884 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated November 16, 2004, for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for LAKE STABILIZATION AT FOSSIL CREEK PARK; BID NO. 5884. The Price of Dollars ($54, and Alternate your Agreement is Fifty-four Thousand Ei 835.00) which includes Base price $44,595 0 2 $790.00. t Hundred Thirty-five Alternate 1 $9,450.00 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 December 14, 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 J m s 7B,.0'Neill II, CPPO, FNIGP r urchasin and Risk Management Title 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 29th day of November 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 Stormy Peaks Construction (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of fill, rip rap and placement of sitting rock and stepping stones within Fossil Creek Park at lakes one and two. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Parks and Recreation, 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 no later than March 15, 2005, and completed and ready for Final Payment and Acceptance in accordance with the General Conditions by March 29, 2005. 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 Hundred Dollars ($300.00) for each calendar day or fraction thereof that expires after the March 15, 2005 date for Substantial Completion of the Work until the Work is Substantially Complete. 9/12/01 Section 00520 Page 1 2) Final Acceptance: After Substantial Completion, One Hundred Fifty Dollars ($150 00) for each calendar day or fraction thereof that expires after the March 29, 2005 date for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($54,835.00), Fifty-four Thousand Eight Hundred Thirty-five Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably 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 9/12/01 Section 00520 Page 2 accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 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. 9/12/01 Section 00520 Page 3 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 7.2.2Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4 Consent of Surety 7.2. 5 Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, 0 drawings, 12 project manuals. The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE B. 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. 9/12/01 Section 00520 Page 4 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT COLLINS By: JAME B. O'NEILL II, CPPO, FNIGP CTOR OF PURCHASING „F Fo K MANAGEMENT a At City Cler Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as too Form Assistant City Attorney 9/12/01 CONTRACTA)R/ Sto m Peaks Construction By: kirl �I( Title: 1✓r_r 1 A-e ./ Date : (CORPORATE SEAL) Attest: Address for giving notices: LICENSE NO.: M urt*Av;�avr��- Section 00520 Page 5 SECTION 00530 NOTICE TO PROCEED Description of Work: LAKE STABILIZATION AT FOSSIL CREEK PARK; BID NO. 5884 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 and City of Fort Collins OWNER By: Title: Completion and Final Acceptance shall be 20, respectively. ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this of , 20 CONTRACTOR By: Title: 7/96 Section 00530 Page 1 day ATTENDANCE RECORD PRE CONFERENCE Project: LAKE STABILIZATION AT FOSSIL CREEK PARK Time: 10:00 A.M. Date: NOVEMBER 2, 2004 Location: 5821 SOUTH LEMAY AVENUE, SOUTH PARKING LOT NAME FIRM NAME ADDRESS TELEPHONE FAX # E-MAIL ADDRESS Au-elvf"y (,�q1 f604 15-1�- l�J�(��• % 'i� �'T� q7a-9q7- ` 7© io(�-✓��`Ij `j10-9,?7-• A 0'? y �I7��'6,63 Rci>enefz wv_ue Ill /530 Av:, g s-k Zoc/ Co SD53 �t�o 7-0 �� � 7 XC 6& &A?C Ax,r� �F- I�40,WI(i O nNr✓I C � ��� 6 �` I'igYy�`°nY �- �r�. cs61 �>, C 52 qla•2Z3-3 151 Q7o-zn-3111 r' (p Oct VO " avn �4( )/4 SECTION 00600 BONDS AND CERTIFICATES 00610Performance 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 00615 PAYMENT BOND Bond N0405014 KNOW ALL MEN BY THESE PRESENTS: that Phil & Shannon Wolf (Firm) dba Stormy Peaks Construction (Address) 246 Stormy Peaks Dr., Bellvue, CO 80512 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and Auto -Owners Insurance Co. (Firm) (Address) PO Box 30660, Lansing, MI 48909 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 $54,835.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 29th day of November , 20DA, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, LAKE STABILIZATION AT FOSSIL CREEK PARK; BID NO. 5884. 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, one of which shall be deemed an original, this 29th day of November 20 04. IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: Principal By: Phil Wolf ip --- Partner (Title) each 246 Stormy Peaks Dr., Bellvue, CO 80512 (Address) Other Partners Shannon Wolf Partner O IN PRESENCE OF: Surety By. Auto -Owners Insurance Co. By:PO Box 30660, Lansing, MI 48909 (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 SECTION 00610 PERFORMANCE BOND Bond No. 405014 KNOW ALL MEN BY THESE PRESENTS: that ghil (Firm)& Shannon Wolf (AddredbA Stormy Peaks Construction 246 Stormy Peaks Dr., Bellvue, CO 80512 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and Auto -Owners Insurance Co. (Firm) (Address) PO Box 30660, Lansing, MI 48909 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 $54,835.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 29th day of November 20 04 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, LAKE STABILIZATION AT FOSSIL CREEK PARK; BID NO. 5884. 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, shall abridge the unsatisfied. that no final settlement between the OWNER and the CONTRACTOR right of any beneficiary hereunder, whose claim may be PROVIDED, FURTHER, that the Surety Company must be authorized 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 29th day of November 20u. r IN PRESENCE OF: Cam' ` --- 21 (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) NOTE: 7/96 Principal Phil Wolf 246 Stormy Peaks Dr., Bellvue, CO 80512 (Address) Other Partners Shannon Wolf Surety Auto -Owners Insurance Co. PO Box 30660, Lansing, MI 48909 (Address) Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Section 00610 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 12/6/2004 2:20 PM FROM: Fax TO: 2216707 PAGE: 001 OF 001 ACORD CERTIFICATE OF LIABILITY INSURANCE MIDDY"' 12,DATE( PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Welsh Insurance - Fort Collins ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4033BOARDWALKDR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 FORT COLLINS, CO 80525 INSURERS AFFORDING COVERAGE NAIC # INSURED Wolf, Jeffrey & Shannon INSURERA. AUTO.OWNERS INS. CO. INSURER B DBA Stormy Peaks Construction INSURER C. 246 Stormy Peaks Drive INSURER D. Bellvue CO 80512 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. INSR DD'L POLICY NUMBER POLICYEFFECTIVE DATE IMM/nDNYI POLICY EXPIRATION DATE lmmmn� LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL. GENERAL LIABILITY 74005474-04 02/11/2004 0211112005 DAMAGE TO REr ED $ 100,000 CLAIMS MADE [K] OCCUR MED EXP (Any one person $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER-. PRODUCTS - COMP/OP AGG $ 2,000,000 JECT X POLICY PRLOCO_ A AUTOMOBILE LIABILITY ANY AUTO 44153676.00 12106/2003 1210612004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY. AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATI'C OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR(PAft7NER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below EL. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS EXCAVATION AUTO -OWNERS ADDITIONAL INSURED ENDORSEMENT 55202 IS ATTACHED. FOR LAKE STABILIZATION BID 5884 CERTIFICATE HOLDER CANCELLATION CITY OF FORT COLLINS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATTN:JOHN STEPHEN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED FAX 2216707 DATE AND ATTACH TO ORIGINAL BOND AUTO -OWNERS INSURANCE COMPANY LANSING, MICHIGAN NO. 405014 POWER OF ATTORNEY KNOW ALL MEN OY THESE PRESENTS: That the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, a Michigan Corporation, having its principal office at Lansing, County of Eaton, State of Michigan, pursuant to the following Resolution adopted by the directors of the said Company on January 27, 1971, to wit: "RESOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof. Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same force and effect as if manually affixed. Said officers may at any time remove and revoke the authority of any such appointee." does Hereby constitute and appoint del rgsy E . W0141t its true and lawful attorney(s)-in-fact, to' execute, 'seal and deliver tot and on its behalf as surety, Shy and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof., provided, however, that the panel sun of any one such instrutent executed hereunder shall not exceed One Million and no/100 ($1,000,000.00) Dollars and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF, the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, has caused these presents to be signed and its corporate se4I to be affixed' by its authotized office t 111ts mit ` day try x4yq,h 1 g_ q Attest T. yi, Bu , . },' Sepretary rt ti V49 httr, P'rosident STATE OF MICHIGANss, COUNTY OF EATON On this vat«, relay of � , beffWA rote a notary puhltc, 04tie the trldtyid t�' � .'+ 9 om, a OWNhb "o" d the edmg fnstrlti!inehk �G �etn by $tkly �wAhtid�Y� t is dS'ttibrJtart d�s�iltid EWho ekecOtoks: N$01tANCE 4wCIMPANI AT T A SIN ii''It� kiIGAN Milt the seal affiaeri tot , instti�iyytin( is tlt G oiporate seal Of s said dorpbrate soal and his 0*nature wcr 4i y f tatnauthority bjhd diretttpp {t t tb quid btpti'l oq. �yy ��• IN WITNESS WHEREOF, I have hereunto set my It and affixed my official seal at the City of Lansing, the day and year first above My commission expires TAnuja= 20 2on �sswy 04k jtiI Smith ... Notary Public STATE OF MICHIGAN ss, COUNTY OF EATON . i7. a 9d4 fir. Gtet ryof tttAt) b-a N Rs t 'Q ANe LANSING, MICHIGAN tj hereby t�er(liy tltt tb forBoing is a ti'tttr and COrt copy pf dower of Attorney Issued by said:Aut,nercYpsur Company of Lansing, Michigan, and that I have compared same with the ORIGINAL o file B g pare n m the Home Office of said Company, transcript thereof, and of the whole of the said original, and that the said Power of Attorney has not been revoked and is now in full fore a!; In WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Company at th Michigan, this day of lh e_mc Lary' If tote wards "UN+�u!�JT ORIZ4 �"�Jk� + 4� d s on � e fact t f �1f `dr uN n � reennd'ef$B this dr)cornpot'httll opd vc%id, Y ✓•ter..... . ..... i,i�r�y,r �.i �,Y.���.Y r, Yn .w�W+y,L,�w, W.��� r+'� ��.�. w— �. ... �,. �. .. ..� ��.. SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: LAKE STABILIZATION AT FOSSIL CREEK PARK; BID NO. 5884 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 OWNER REMARKS: By: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: You are hereby notified that on the day of _ Fort Collins, Colorado, has accepted for the City of 20 20, the City of the Work completed by Fort Collins project, A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 NOVEMBER 8, 2004 CITY OF FORT COLLINS PLANHOLDERS LIST FOR BID #5884 CONNELL RESOURCES 4305 E HARMONY FT. COLLINS, CO 80528-9527 PH 970-223-3151 FAX 970-223-3191 L & M INC. POBOXW BERTHOUD, CO. 80513 PH 970-532-3706 FAX 303-442-2231 53 CORPORATION 1100 WHISPERING OAK DR. CASTLE ROCK, CO 80104 PH 303-814 -9230 FAX 303-814-9233 CLARK CONSTRUCTION 1530 BOISE AVE. LOVELAND, CO 80538 PH 970-667-0674 FAX 970-663-7384 G. L. HOFF 1815 W. 12T" ST. LOVELAND, CO 80537 PH 970-669-3255 FAX 970-663-1566 AMERICAN EAGLE INDUSTRIES 1903 S GREELEY HWY. #234 CHEYENNE, WY 82007 PH 307-634-3157 FAX 970-897-2879 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: LAKE STABILIZATION AT FOSSIL CREEK PARK; BID NO. 5884 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: . 20 )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: LAKE STABILIZATION AT FOSSIL CREEK PARK; BID NO. 5884 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. DR 0172 (01103) COLOR -ADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 238-SERV (7378) CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(M) 0 DO NOT WRITF IN THIS SPAr.F 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 COMPLETEALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) 89 - Period 0170-750 (999) $0.00 n R i (F`c R l iQN Trade name/DBA: Owner. partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax number. ( ) Business telephone number: ( ) Colorado withholding tax account number: Copies of contragt tsf-;Qr,.0 vibn1 pages (1) Id@ntliying the contrasting parYios;.(2) Ia)cl II MAN FORMATION amount and (3.) Centoi , It �gtlatures of pantraotrn parties 1111UST be aftaghed. 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 site (give actual address when applicable and Cities and/or County ties) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion dale: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer. 7�� Date: 00 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 1. DEFINITIONS.....................................................1 2. PRELIMINARY MATTERS ...... ............ I ............. 3 - 1.1 Addenda.............................................1 2.1 Delivery of Bonds ... ..........................3 1.2 Agreement..........................................1 2.2 Copies of Documents 1.3 Application for Payment..................I....1 2.3 Commencement of Contract 1.4 Asbestos..............................................I 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 .................. ... ..... I, CONTRACTORS Responsibility 1.8 Bonds.................................................1 to Report; Preliminary Schedtles; 1.9 Change Order......................................I Delivery of Certificates of 1.10 Contract Documents .............................J, Insurance ................................... 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.........................................I..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 ......................1 fiications of Technical Societies; 1.19 Field Order .. ..... ................. .... ....... I..... 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 .................... I................5 Regulations......................................2 3.5 Amending Contract Docunents......... 5 1.22.b Legal Holidays .................................... 2 3.6 Supplementing Contract 1.23 Liens.................................................2 Documents...................................5 1.24 Milestone 2 3.7 Reuse of Documents 1.25 Notice of Award.. ............................... . 2 1.26 Notice to Proceed.................................2 4. AVAILABILITY OF LANDS; 1.27 OWNER.............................................7 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization................................2 REFERENCE POINTS5 1.29 PCBs................................*.......*........2 4.1 Availability of Lands ..................... 5-6 1.30 Petroleum ........................................... 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 ........................ 4.2.2 Limited Reliance by CONTRAC- 1.33 Resident Project Representative,,,,,,,,,,,, 2 TOR Authorized; Technical 1.34 Samples..............................................2 Data.............................................6 1.35 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 ........................2 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............ I.............7 1.45 Written Amendment 3 4.3.2 Not Shown or Indicated 7 4.4 Reference Points ................................ 7 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title Page Article or Paragraph Number Number & Title 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 7-8 ..................... 5. BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance 8 5.4 CONTRACTOR's Liability Insurance..........................................9 5.5 OWNER's Liability Insurance ............... 5.6 Property Insurance ..........................9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance..................10 5.8 Notice of Cancellation Prousion 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts .................... 10 5.10 Other Special Insurance ..................... 10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and Application of Insurance Proceeds ...................... 10-11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace....................1 l 5.15 Partial Utilization --Property Insurance........................................11 6. CONTRACTOR'S RESPONSIBILITIES ............... 11 6.1-6.2 Supervision and Superintendence....... 11 6.3-6.5 Labor, Materials and Equipment"' 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER'S Evaluation.............12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights .........................13-14 6.12 Patent Fees and Royalties ,,,,,,,,,,,,,,,,,,14 6.13 Permits ............................................. 14 6.14 Laws and Regulations ........................ J4 6.15 Taxes ........................................... 14-15 6.16 Use of Premises ................................. 15 6.17 Site Cleanliness ................................. 15 6.18 Safe Structural Loading.....................15 6.19 Record Documents .............................. 15 6.20 Safety and Protection ....................15-16 6.21 Safety Representative .........................i6 6.22 Hazard Communication Programs..... 16 6.23 Emergencies ................. ..................16 6.24 Shop Drawings and Samples..............16 Page Number 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER ...... 16-17 6.27 Responsibility for Variations From Contract Documents17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals...................................17 6.29 Continuing the Work.....................17 6.30 CONTRACTOR's General Warranty and Guarantee...............17 6.31-6.33 Indemnification .......................... 17-18 6.34 Survival of Obligations ................... J8 7. OTHER WORK.................................................18 7.1-7.3 Related Work at Site.......................18 7.4 Coordination .................................. 18 8. OWNER'S RESPONSIBILITIES .........................18 8.1 Communications to CON- TRACTOR.................................18 8.2 Replacement of ENGINEER ........ I ... 18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests ............................... 18-19 8.5 Insurance.......................................19 8.6 Change Orders...............................19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services......................................19 8.9 Limitations on OWNER'S Responsibilities .................. ..........19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .................... J9 8.11 Evidence of Financ d Arrangements ............................. 19 9. ENGINEER'S STATUS DURING CONSTRUCTION.............................................19 9.1 OWNER's Representative ............... 19 9.2 Visits to Site ,19 9.3 Project Representative ...... ........ 19-21 9.4 Clarifications and Interpre- tations ........................................ 21 9.5 Authorized Variations in Vbrk.......21 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wi CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ...................71 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request .....................27-28 and Payments....................................21 13.10 OWNER May Stop the Work ........... 28 9.10 Determinations for Unit Prices...... 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ...........................28 NEER as Initial Interpreter..............22 13.12 Correction Period ........................... 28 9.13 Limitations on ENGINEER'S 13.13 Acceptance of Defective Work ......... 28 Authority and Responsibilities,_„22-23 13.14 OWNER May Correct Defective Work..................................... 28-29 CHANGES IN TIE WORK ....................................... 23 10.1 OWNER's Ordered Change................23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment ........................23 COMPLETION ................................................. 29 10.3 Work Not Required by Contract 14.1 Schedule of Values .... ................29 Documents.....................................23 14.2 Application for Progress 10.4 Change Orders..................................23 Payment .............................. ...... .29 10.5 Notification of Surety ........................23 14.3 CONTRACTOR's Warranty of Title ........................................... 29 CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments .................. 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion .................. 30 the Work...................................23-24 14.10 Partial Utilization .....,,,.,......... * ... 30-31 11.4 Cost of the Work ... ......... ......24-25 14.11 Final Inspection......._ .............., 31 11.5 Exclusions to Cost of the Work ........... 25 14.12 Final Application for Payment ........ 31 11.6 CONTRACTOR's Fee ........................ 25 14.13-14.14 Final Payment and Acceptance ....... 31 11.7 Cost Records................................25-26 14.15 Waiver of Claims ................ 0...... 31-32 11.8 Cash Allowances.. ......... .........26 11.9 Unit Price Work.................................26 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 CHANGE OF CONTRACT TIMES ............................26 15.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment..... 0...................26 15.2-15.4 OWNER May Terminate_ 0............ 32 12.2 Time of the Essence .... 6......... 0............26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate ......... ...... 32-33 Control ....................................... 26-27 12.4 Delays Beyond OWNER's and 16. DISPUTE RESOLUTION .................................. 33 CONTRACTOR's Control 27 17. MISCELLANEOUS...........................................33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice ............... 0............. _ 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times.... .......... 0 ..... 33 DEFECTIVE WORK ....*6...........................................27 17.3 Notice of Claim .......................... ... 33 13.1 Notice of Defects 27 17.4 Cumulative Remedies 33 13.2 Access to the Work..,,,.... 0..................27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included ............................33 CONTRACTOR's Cooperation......... 27 17.6 Applicable State Laws....... ........ 33-34 13.4 OWNER's Responsibilities; Intentionally left blank ...... ,.,.1......... 6............ ....35 Independent Testing Laboratory...... 27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities...............................27 Dispute Resolution Agreement ...... 66...... 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration ..0...... ........ GC-A1 tion, Testing or Approval.................27 16.7 Mediation ................................ GC -Al iv E.ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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 DRAWINGS Pages 00020-1 - 00020-2 00100-1 - 00100-9 00300-1 - 00300-3 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-A.1 - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-2 INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance........................................5.14 defective Work............................10.4.1, 13.5, 13.13 final payment ... ......... .................9.12, 14.15 insurance ........................................................... 5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items ..................... 6.7.1 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 ................................................... 6.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances.,...... I ........................ 5.7 Adjustments -- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, .............................4.5.3, 9.4, 9.5, 10.2-10.4, .........................................11, 12, 14.8, 15.1 progress schedule .............................................. 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 ..........................6.8.2, 6.19, 10.1, 10.4, 11.2 .................................... 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of......................................................1.3 ENGINEER's Responsibility ............................... 9.9 final payment ................. 9.13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment ....... ................................ 14.1-14.7 review of ................................................... .14.4-14.7 Arbitration ...................................................... 16.1-16.6 Asbestos -.- claims pursuant thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of .......................................................... 1.4 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(1.1,4.2.6.2) Bonds -- acceptance of,,,,,,,,,,,,, ...................5.14 additional bonds..................................10.5, 11.4.5.9 Cost of the Work............................................11.5.4 definition of ......................................................... 1.8 delivery of...................................................2.1, 5.1 final Application for Payment .................14.12-14.14 general......................................1.10, 5.1-5.3, 5.13, ........................................ 9.13, 10.5, 14.7.6 Performance, Payment and Other...................5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form ........................5.6.2 Cancellation Provisions, Insurance,,,,,,,, 5.4.11, 5.8, 5.15 Cash Allowances......................................:.............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, .....I.................5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances11.8 claim for price adjustment,,,,,,,,,,,, 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ......... ... I....... 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, ........................ 13,13,13.14,14.7,15.1,15.5 CONTRACTOR's fee 11.6 Cost of the Work general ............................................... 11.4-11.7 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) 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 Pricee.....................................11 Change of Contract Times...................................12 Changes in the Work .......................................... 10 CONTRACTOR's fee........................................11.6 Cost of the Work ....... ........ .............11.4-11.7 Cost Records ......... ......... ......... .........11.7 definition of......................................................1.9 emergencies.................................................... 6.23 ENGINEER's responsibility ....... 9.8, 10.4, 11.2, 12.1 execution of.......................................I..............10.4 Indemnifiction ..........................6.12, 6.16, 6.31-6.33 Insurance, Bonds and.......................5.10, 5.13, 10.5 OWNER may terminate.............................A5.2-15.4 OWNER's Responsibility.............................$.6, 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities...............................4.3.2 Record Documents...........................................6.19 Scope of Change ...... ......... ..............10.3-10.4 Substitutes.............................................6.7.3, 6.8.2 Unit Price Work.. ................................... * .......... 11.9 value of Work, covered by.............................. ... 1.3 Changes in the Work..... ........ ............... .....10 Notification of surety ........ I. ... I ............ I..............10.5 OWNER's and CONTRACTOR's responsibilities............................................10.4 Right to an adjustment...........................I..........10.2 Scope of change .................. ..................... 10.3-10.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER..........., „ . ...... ........ 6.32 against OWNER...............................................0.32 Change of Contract Price,,,.,,*'* ..................9.4, 11.2 Change of Contract Times ...... ................9.4, 12.1 CONTRACTOR's.............4, 7.1, 9.4, 9.5, 9.11, 10.2, .........................11.2, 11.9, 12.1, 13.9, 14.8, ............................................15.1, 15.5, 17.3 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 .......................9.11 Lump Sum Pricing ............ ......... .........11.3.2 Noticeof...........................................................I7.3 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„..........................s.l l 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. ................. j4.14, 14.15 Work Change Directive.....................................10.2 written notice required, ..................... 9.11, 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 CleanSite............................................................6..17 Codes of Technical Society, Organization or Association. ........... .................................... 3.3.3 Commencement of Contract Times ...........................?•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 of Times... ............................. 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.......................................I ..................3.5 Bonds..............................................................5.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances..............................................I1.8 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........................................I............1.10 ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,, 9.11 ENGINEER as OWNER's representative ... I., ........ 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 Discrepancies,,,,,,,, 2.5, 3.3 Reuseof ................................ .............................3.7 Supplementing,,,,,,,,,,,,,, ................3.6 .................... Termination of ENGINEER's Employment .......... 8.2 Unit Price Work ............................................ 11.9 ..... variations .......................................... 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ............................... 9.2 Contract Price -- adjustment of,,,,,,,,,,,,,,,, 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Change of ....... .............................. ..................... it Decision on Disputes........................................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 of2.3 definition of ....................................................... 1.12 CONTRACTOR-- Acceptance of Insurance ................................. „ 5.14 Communications.......................................6.2, 6.9.2 Continue Work ........................................ 6.29, 10.4 coordination and scheduling............................6.9.2 definition of....................................................1.13 Limited Reliance on Technical Data Authorized.........................................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 Submittal6.25 Stop Work requirements..................................4.5.2 CONTRACTOR's- Article or Paragraph Number Compensation ........ .................................... 11.1-11.2 Continuing Obligation.....................................14.15 Defective Work,,efe,,,,,,, ,,,,,,,,,,,,,,,, 9.6, 13.10-13.14 Duty to correct dctive Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency............................... . ............. 6.23 Defects in Work of Others 7.3 Differing conditions...................................4.2.3 Discrepancy in Documents.,,,,,,, 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated,,,,,,,,,, 4.3.2 Emergencies ............................................. I ....... 6.23 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 . .....................6.30 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 the Work 6.30 Patent Fees and Royalties, paid for by................6.12 Performance and Other Bonds,,,,,,,,,,,,,, ......... 5.1 Permits, obtained and paid for by.......................6.13 Progress Schedule ..........................2.6, 2.8, 2.9, 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 Guarantee6.30 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.............................6.9.1-6.9.2, 9.13 for deductible amounts, insurance...................5.9 general........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs ............ 6.22 Indemnification 6.31-6.33 vii EJCDC 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 ................................ I ....... 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....................................I....6.6 Record Documents .................................. I.... 6.19 related Work performed prior to ENGINEER's approval of required submittals ............................................. 6.28 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 Cleanliness6.17 Submittal Procedures...................................6.25 Substitute Construction Methods and Procedures.....................................6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence ........................................... 6.2 Supervision...................................................6.1 Survival of Obligations...............................6.34 Taxes....................... ............ ........6.15 Tests and Inspections...................................13.5 ToReport ........... ......... ...................... 2.5 Use of Premises ...................... 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work k......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 .......... 6.1, 6.2, 6.21 Taxes, Payment by. ...... ........................ ........ 6.15 Use of Premises ........................................ 6.166.18 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...................11...........14.8 vin CONTRACTORS --other .............................................. 7 Contractual Liability Insurance....,,..„....................5..4.10 Contractual Time Limits12.2 Article or Paragraph Number Coordination- CONTRACTORSs responsibility ....... I ........... I ..... 6.9.2 Copies of Documents .............................................. 2.2 Correction Period .............. .....*, .........................13.12 Correction, Removal or Acceptance of Defective Work-- in general..........*",,,,,,"' *........... 10.4.1, 13.10-13.14 Acceptance ofDefective Work...........................13.13 Correction or Removal of Defective Work .... ............ I ........ I ....... 6.30, 13.11 Correction Period .........13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections .................................... 13.4 Records 11.7 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.......,.*.....................11.4.2 Minor expenses .......... .... ..... ........ J 1.4.5.8 Payroll costs on changes .............................. * .11.4.1 performed by Subcontractors ......... ..........1.1.4.3 Records 11.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments, permits and license fees11.4.5.5 Site office and temporary facilities... ........ 1.4.5.2 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 ...............i1.4.5.7 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.......................................10A.1, 13.13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of......................10.4.1, 13.11 Correction Period.. ...... I ....................... 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 World ...................................... 13.8 Definitions ............................... ................................. 1 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,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustments..............4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14.2 Dispute Resolution -- Agreement ................................................16.1-16.6 Arbitration ............ ........ .......................... ..16.1-16.5 general l6 Mediation........................................................1.6.6 Dispute Resolution Agreement.........................16.1-16.6 Disputes, Decisions by ENGINEER,,,,,,,,,,,,,,,,,, 9.11-9.12 Documents -- Copiesof...........................................................7.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of..................................I........1.15 Easements ................. ............................................ 4.1 Effective date of Agreement-- definition of.............1.16 Emergencies ....................................... ..............6.23 ENGINEER -- as initial interpreter on disputes .................9.11-9.12 definition of.............................:....................1.17 Limitations on authority and responsibilities,,,,, 9.13 Replacement of .................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition o..f ................... 1.18 ENGINEER's-- authority and responsibility, limitations or) ........ 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for ........ 9.7, 10, 11, 12 Clarifications and Interpretations ..............3.6.3, 9.4 Decisions on Disputes . ............................... 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items ............................. 6.7.3 Liability...................................................6.32, 9.12 Notice Work is Acceptable..............................j4.13 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 ......................... 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 required .............................. 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..................................................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 Provisions17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references to .... *......... 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................................17.1 Guarantee of Work --by CONTRACTOR,,,,,,,, 6.30, 14.12 Hazard Communication Programs ...........................6.22 Hazardous Waste -- definitionof.....................................................1.21 general............................................................. 4.5 OWNER's responsibility for...............................8.10 ix E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification..............................6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules...................................2.9 Inspection -- Certificates of.............................9.13.4, 13.5, 14.12 Final......................... ........ I .............. .......... 14.11 Article or Paragraph Number Special, required by ENGINEER .........................9.6 Tests and Approval .............................$ 7, 13.3-13.4 Insurance Acceptance of, by OWNER ,,II.....,....I................5.14 Additional, required by changes in the Work............................................11.4.5.9 Before starting the Work.....................................2.7 Bonds and --in general...........................................5 Cancellation Provisions ...................................... 5.8 Certificates of .......... .......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......................................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 Applicafion for Payment .........................14.12 Licensed Insurers...............................................5.3 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace.............................................5.14 other special insurances....................................5.10 OWNER as fiduciary for insureds .............5.12-5.13 OWNER's Liability............................................5.5 OWNER's Responsibility.....................................8.5 Partial Utilization, Property 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........... ........................................8A Availability of.............................................4.1, 8.4 Reports and Tests...............................................8A Laws and Regulations --Laws or Regulations-- Bonds........................................................5.1-5.2 Changes in the Work... ................................ I ..... 10.4 Contract Documents ,,,,,,,,3'I CONTRACTOR's Responsibilities.....................6.14 Correction Period, defective Work....................13.12 Cost of the Work, taxes.. ... ... ..............11.4.5.4 definition of.....................................................1.22 genera16.14 Indemnification ........................................ 6.31-6.33 Insurance...........................................................5.3 Precedence_, ... .......................... .......... 3.1, 3.3.3 Reference to ..................................................... 3.3.1 Safety and Protection .............................. 6.20, 13.2 Subcontractors, Suppliers and Others ........6.8-6.11 Article or Paragraph Number Tests and Inspections...................................13.5 Use of Premises ................. ......... ............ 6.16 Visits to Site ....... ......................................9.2 Liability Insurance-- CONTRACTOR'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..,...... I...............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 .........................14.12 Manuals (of others)-- Precedence................................................... 3.3.3.1 Reference to in Contract Documents ..................3.3.1 Materials and equipment -- furnished by CONTRACTOR...............................6.3 not incorporated in Work...................................14.2 Materials or equipment --equivalent .......... ............6.7 Mediation (Optional)......_.....................................16.7 Milestones --definition of........................................1.24 Miscellaneous— Computation of Times,,,,,,,,,,,,,,,,, 17.2 Cumulative Remedies ......................................... 17.4 Giving Notice....................................................17.1 Notice of Claim.................................................17.3 Professional Fees and Court Costs Included ......... . 17.5 Multi -prime contracts.................................................7 Not Shown or Indicated4.3.2 Notice of -- Acceptability of Project....................................14.13 Award, definition of.........................................1.25 Claim.............................................. ..............1.7.3 Defects,13.1 Differing Subsurface or Physical Conditions ...... 4.2.3 Giving............................................................17.1 Tests and Inspections ..... I..................................13.3 Variation, Shop Drawing and Sample ...........,„6.27 Notice to Proceed -- definition of ..................................................... 1.26 givingof ........................................................... 2.3 EICDCGENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety..............................................10.5 Observations, by ENGINEER .... .....................6.30, 9.2 Occupancy of the Work ................... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR...............0.9, 9.13 Open Peril policy form, Insurance ..........................5.6.2 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 ....................... ........ .............. .........8.3 May Correct Defective Work...........................1.3.14 May refuse to make payment.............................14.7 May Stop the Work.......................................13.10 May Suspend Work, Terminate............................$.8, 13.10, 15.1-15.4 Payment, make prompt ...................... 8.3, 14.4, 14.13 performance of other work,.....* ..................... I..... 7.1 permits and licenses, requirements...................6.13 purchased insurance requirements ...............5.6-5.10 OWNERS -- 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 decisiorl............................9.11 Inspections, tests and approvals..................8.7, 13.4 Liability Insurance ....................................... _......5.5 Notice of Defects ................... ...............13.1 Representative --During Construction, ENGINEERS Status9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................8.10 Change Orders..............................................8.6 Changes in the Work...................................10.1 communications...........*..............................8.1 CONTRACTORS responsibilities .................. 8.9 evidence of financial arrangements..............8.11 inspections, tests and approvals .....................8.7 insurance,,,,,,,.,.,, lands and easements.....................................8.4 prompt payment by........................................8.3 replacement of ENGINEER ...........................8.2 reports and tests . .............. ... ....... *..........8.4 stop or suspend Work ..... ....... ..„..8.8, 13.10, 15.1 terminate CONTRACTORS services..........................................8.8, 15.2 separate representative at site ............................. 9.3 testing, independent.........................................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 Xi E.ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required., ........................ 71, 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...................................................5.1-5.2 Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments .............. ...."14.2 CONTRACTOR's Warranty of Title ...................14.3 Final Application for Paymen(.........................14.12 Final Inspection..............................................14.11 Final Payment and Acceptance ............... 14.13-14.14 general.........................................................8.3, 14 Partial Utilization............................................14.10 Retainage......................................................... 14.2 Review of Applications for Progress Payments„.............................14.4-14.7 promptpayment..................................................5.3 Schedule of Values .. .. ...................... ....... *........... 14.1 Substantial Completion..............................J4.8-14.9 Waiver of Claims.............................................14.15 when payments due................**.............114.4, 14.13 withholding payment. ......, ....................14.7 Performance Bonds............................................5.1-5.2 Permits.................................I..........................6.13 Petroleum -- definition of.....................................................1.30 general....................................................... 1— -.4.5 OWNER's responsibility for...............................5.10 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 or ........... .......... 4.2.3 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments..............4.2.6 Reports and Drawings ..................................... 4.2.1 Subsurface and....................................................4.2 Subsurface Conditions..................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities-- general........................................................ 4.3 Not Shown or Indicted.............................4.3.2 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 PreliminaryMatters.....................................................2 Preliminary Schedules ............................................ 2.6 Premises, Use of ................................ I ............. 6.16-6.18 Price, Change of Contract ..... I.....................................I I Price, Contract --definition of .................................. 1.11 Progress Payment, Applications for ............ I.............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...............................M0 Recommendation of Payment„ ........., 14.4, 14.5, 14.13 Record Documents ........................................ 6.19, 14.12 Records, procedures for maintaining .........................2.8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work..........................................9.6 Related Work -- atSite .. .......................................... ............ 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ........ *............6.28 Remedies, cumulative......................................17.4, 17.5 Removal or Correction ofDefective Work................13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by OWNER....................8.2 Reporting and Resolving Discrepancies.................................2.5, 3.3.2, 6.14.2 Reports -- and Drawings................................0................4.2.1 and Tests, OWNER's responsibility .....................8A Resident and Project Representative -- definition of....................................................1.33 provisionfor............................................................9.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR's................6.2 Responsibilities_ CONTRACTOR's-in general... 6 ENGINEER's-in general........................................9 Limitations on.............................................9.13 OWNER's-in general..... I ........................................ 8 Retainage............................................................1.4.2 Reuse of Documents ............................... ........... .. ..... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................6.25 Review of Applications for Progress Payments,,,,,,,,,,,,,,,,,,,,,,,,,,,, ......... 14.4-14.7 Right to an adjustment............................................10.2 Rights of Way..........................................................4.1 Royalties, Patent Fees and ................. I ..... I...............6.12 Safe Structural Loading,....... ........ ...............6.18 Safety -- and Protection................................4.3.2, 6.16, 6.18, ........... ......... .........6.20-6.21, 7.2, 13.2 general .................................................... 6.20-6.23 Representative, CONTRACTOR's.......................6.21 Samples -- definition of ........................................................ 1.34 general .................................................... 6.24-6.2 8 Review by CONTRACTOR................................6.25 Review by ENGINEER.,.,,,,,,.. I..................6.26, 6.27 related Work....................................................6.28 submittal of.. .......... * ....... * ........ * .................. 6.24.2 submittal proceures.........................................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,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, .............. Subsurface Conditions ......................................... 4.2.1.1 Shop Drawings -- and Samples, general.................................6.24-6.28 Change Orders & Applications for Payments, and.........................................9.7-9.9 definition of......................................................1.35 ENGINEER's approval of ...... ........... *........... *... 3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work.....................................................6.28 review procedures................................2.8, 6.24-6.28 Article or Paragraph Number submittal required..............................................6.24.1 Submittal Procedures,,,6.25 use to approve substitutions..............................6.7.3 Shown or Indicated...............................................4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness.......................................................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 to,,,,,,,,,,,,,,,,,,,3.3.1 precedence .......................... 3.3.3 Standards and Specifications of Technical Societies........................................3.3 Starting Construction, Before..............................7.5-2.8 Starting the Work ..................................................... 2.4 Stop or Suspend Work-- by CONTRACTOR...........................................15.5 by OWNER ..... ......... .......... I ............. .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 ...................... I.........................6.11 Subcontractors --in general,,,,,,,,,,,,,,,,,,,,,, ,,,, ,,,6.8-6.11 Subcontracts --required provisions,,,,,,,,, 5 11, 6.11, 11.4.3 Submittals -- Applications for Payment.................................114.2 Maintenance and Operation Manuals,,,,,,,,,,,,,, 14.12 Procedures.......................................................6.25 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 CONIRACTOR's Expense............................6.7.1.3 ENGINEER's Evaluation ................................. 6.7.3 "Or -Equal" . ... ............................................... 6.7.1.1 Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items............................................6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatiig to ........................ 4.2.1.2 ENGINEER's Review .............. 4.2.4 general...................................................I ..........4.2 Limited Reliance by CONTRACTOR Authorized.................................................4.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... 4.2.3 Physical Conditions ...................................... 4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments„.............4.2.6 Reports and Drawings .............. .......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 ............................6j.1 OWNER shall not supervise..: ....................... I ...... 8.9 ENGINEER shall not supervise................9.2, 9.13.2 Superintendence.......................................................6.2 Superintendent, CONTRACTOR's resident ..... I ........... 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,,. I........................15.1 OWNER May Terminate ............................ 1.5.2-15.4 Taxes --Payment by CONTRACTOR ........................ 6.15 Technical Data -- Limited Reliance by CONTRACTOR .................4.2.2 Possible Price and Times Adjustments...............4.2.6 Reports of Differing Subsurface and Physical Conditions....................................4.2.3 xry 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 ....................... ........ $.2 Suspension of Work-in general., ....... ...............15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others............................13.2 CONTRACTOR's responsibilities. ............. ........ 13.5 cost of 13.4 covering Work prior to..............................13.6-13.7 Laws and Regulations(or)................................ 13.5 Notice of Defects...............................................13.1 OWNER May Stop Work„ ......... ............13.10 OWNER's independent testing,,.,,,, .I...........13.4 special, required by ENGINEER ...... ...............9.6 timely notice required.......................................13.4 Uncovering the Work, at ENGINEER's request ........................................... ... ... 13.8-13.9 Times-- Adjusting.......................................................... 6.6 Change of Contract..............................................12 Computation of.................................................17.2 Contract Times --definition of ....... I...................1.12 day ........... .......... ......... ...........17.2.2 Milestones ........................................................... 12 Requirements— appeals................................................. 9.10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Time$,,,,,,,,,,,,,,,, 2.3 Preconstruction Conference ...........................2.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work..........................................2.4 Title, Warranty of ................................................... 14.3 Uncovering Work ........................................ ..... 13.8-13.9 Underground Facilities, Physical Conditions-- definition of....................................................1.41 Not Shown or Indicated ................................... 4.3.2 protection of..............................................4.3, 6.20 Shown or Indicated .......................................... Unit Price Work-- claims.........................................................1,1.9.3 definition of ...................................................... 1.42 general11.9, 14.1, 14.5 Unit Prices-- general11.3.1 Determinationfor,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,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) SECTION 00020 INVITATION TO BID Variations in Work --Minor Authorized ........6.25, 6.27, 9.5 ................................. Article or Paragraph Number Visits to Site --by ENGINEER ........... ............. .. *....9.2 ..... Waiver of Claims --on Final Payment ......................14.15 Waiver of Rights by insured partie$..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................6.30 Warranty of Title, CONTRACTOR's........................14.3 Work -- Accessto..........................................................13.2 byothers,. . ...... I ......................... I ............ I ...... I ....... 7 Changesin the.....................................................10 Continuing the..................................................6.29 CONTRACTOR May Stop Work orTerminate...............................................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.. ................................... 7.1-7.3 Starting the,.. ......................... d ........................... 2.4 Stopping by CONTRACTOR..............................15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minot-........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of ..... ...................... ............................ 1.44 . principal references to......................3.5.3, 10.1-10.2 Written Amendment -- definition of ........................................................ 1.45 principal references to...............1.10, 3.5, 5.10,15.12, .........................6.6.2, 6.8.2, 6.19, 10.1, 10.4, ........ I .................11. 2, 12.1, 13.12.2, 14d7.2 Written Clarifications and Interpretations...................................3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR............................7.1, 9.10-9.11, ........................................... 10.4, 11.2, 12.1 by OWNER .................... 9.10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ^ (This page left blank intentionally) xvi E.ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS N1ODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 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 E.ICDC 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, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective --An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER --The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order --A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements --Sections of Division 1 of the Specifications. 1.21. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.22.b. Legal Holidays --shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward---A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER --The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs --Polychlorinated biphenyls. 1.30. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project --The total construction of which the Work to be provided under- the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atonic Energy Act of EICDCGENERALCONDITIONS 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. 1.32.b. Regular Working Hours --Regular working hours are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings --All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications --Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terns "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. i :n the Gent_aet Tifnes latereeffffnenee to run h the h day after- the day C Bid epefting ar the ♦hiftieth day after the Eff eti a Dot ef the Agreement, whiehe,.,ef date is earlief. 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 tun. 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 tirnes (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and 03ANER shall eeeh deliver to the ether OWNER, with copies to eaeh additional :..._ed identified in the c pple.....entaf. r,.. difi.,,,a ENGINEER, certificates of insurance (and other evidence of insurance reasenably request requested by OWNER) which CONTRACTOR ....d O :i * LR is required to purchase and maintain in accordance with paragraphs 5.4, 5- .6and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, at least ten days before ... b fe. ssien C 1 first Appliea«i� before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as apprepriete 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 shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents, 3.3.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of. OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or E.ICDC 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. r r_O_-..,.,..._, ble 'A'Fit,e.. ef ef filing a Frieehanie's lien against sueh lands i with applieable Laws and Regulations: OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized, Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 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, peetnptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6,23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.2.1. the completeness of such reports and 4.2.6. Possible Price and Times Adjustments: An drawings for CONTRACTOR's purposes, equitable adjustment in the Contract Price or in the including, but not limited to, any aspects of the Contract Times, or both, will be allowed to the extent that means, methods, techniques, sequences and the existence of such uncovered or revealed condition procedures of construction to be employed by causes an increase or decrease in CONTRACTOR's cost CONTRACTOR and safety precautions and of, or time required for performance of, the Work; subject, programs incident thereto, or however, to the following: 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3, any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 a.w 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 conunitment; 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 l i and 12. However, OWNER, ENGINEER and ENGINEER'sConsultants 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 Canditions—Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and E.ICDC 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 shs11 may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. .. 1 . . _ ._ . - AN OWN I 1 - - �M ..._ •. .. ' • ...._ . ..1_ • ..._ . N. 41_ • LL •• • ... . E.ICDC 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 firrnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its tight 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. 0 'L, shal .• ewl SECTION 00020 INVITATION TO BID Date: October 21, 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 November 16, 2004, for the LAKE STABILIZATION AT FOSSIL CREEK PARK; Bid No. 5884. 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. O. 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 construction of fill, rip rap and placement of sitting rock and stepping stones within Fossil Creek Park at lakes one and two. 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 October 26, 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. Reed Construction Data, 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 10:OOa.m. on November 2, 2004, at Fossil Creek Park. Meet at the south parking lot from the main entrance, 5821 South Lemay Avenue, Fort Collins. 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. The successful Bidder will be required to furnish a Performance Bond and a 07/2001 Section 00020 Page 1 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 perfonnance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or fumished 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 velucle. 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; E.ICDC 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'sLiability 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: ....._ . ... _.. KNOWN MF� , 5.11. Y Yl YF4 of D• o✓ z�rbmY Mr ^ ^^} ensukan that 0, POPOT $t+ber�ntm t D—T7�"DD 1 j nni�r�mc-zD�—und , issued. a racers r D DER�_RPFC�Fd1'1 tl'1'Y Y'ff'-�—i,i1TTT`D A ('•Tl1D c _, be listed -as PRFPYI PREtifieatee 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in stleh Iggs and if *��le afas"Hts diet ale Change m the F—E 10 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) IN MAN HON90 Receipt and Application oflnsurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and :f FeqUiFed in wtifing by any paF" Acceptance of Bonds and Insurance; Option to Replace: 5.14. If either paint, (03A E CONTRACTOR) CTOR) OWNER has any objection to the coverage afforded by or other provisions of the Bends a insurance required to be purchased and maintained by the ether —party CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the OWNER will notify CONTRACTOR in writing within ten fifteen days after feeeipt delivery of the certificates Eer- ather—evidenee requested) to OWNER as regdired by paragraph 2.7. hsI 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 E.ICDC GENERAL CONDITIONS 1910-5 (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 pemutted 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 fumish 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. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Sehedsle: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted fi-om 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. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. E1CDC 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 giip.lefnentai., Genditie 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 ads,anee ec the epee"'ea date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER-,-end—i€' CONTRACTOR h.,.. ...h«,:we.l list the.-ee f : ASRRIAR-BeR with the C pplementaFy 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) of aRy .eh c ,hee.,tr etef Supplier ,. other p -.atien so identified m be 08ked the ..,Neh ease C;OA9DAGTO shall ..,.h.,e:t afl aeeeptable substitute, the Gentrae• 12fiee will he will he issued er Wfitten 4nendmefA signed. will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or organization on the Work unless prior written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any tight 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 pet -son 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- -- , such aeree --_. : 1l 4p_ . ... ...ti ..... -------------- Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. 14 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 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 CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Ta-res: 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 proiect. Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the 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 fi-om 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: E11CDC 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, sIrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 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 2.1). 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 16 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: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 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. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 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 connection of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNERSs own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNERSs 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 E.ICDC 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 furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNERS 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 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 50 of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By _Orjt4� ame B. O'Neill, II, CPPO, r asing/Risk Management Director 07/2001 Section 00020 Page 2 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. •i/.�.\\HAS e1.71'J!1-T!!R!!!a(!NF[S�!!!!T-7S!RSl.F1w!!ERSSI.'IRE ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 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 GICDC 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 ENGINEERS 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 afy C—,Rndqs 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 e. pple...entafy G,.nditien paragraph 9.3 of these General Conditions. If the ENGINEER furnishes 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 preconstruction conferences, progress meetings and other job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through 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 required, for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 9.3.2.4.Review of Work, Rejection of Defective Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Proiect, record the results of these inspections and report to the ENGINEER. 9 3.2 5 Interpretation of Contract Documents Report to ENGINEER when 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and report these recorrunendations to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.7. Records. 9.3.2.7.1. Maintain at the Representative's 9.3.2.8. Reports. 9 3 2 8 1 Furnish ENGINEER periodic reports as required of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample 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, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders Work Directive Changes and field orders. 9 3 2 8 4 Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values. work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring correction or completion. 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR. Subcontractors, or CONTRACTOR'S superintendent. 9.3.3.4. Advise on, or issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9.3 3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupy the Work in whole or 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 GEN ERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payntents: 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 fi-om 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 22 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 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 . 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority 01- responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or famish the Work in accordance with the Contract Documents, 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or - organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and 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 E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11--CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by 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 sutra (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of 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 include butnet 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 retiremen benefitsFbeauses :ek leave, eati,.n and helix..y pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment famished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and 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, E.ICDC 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 be paid on the basis of Cost of the Work plus a fee, the Subcontractors Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's ^ Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All " subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but " not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in -- discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market _ value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof --all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes ^ related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4--all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTORS office at the site. 11.5.3. Any part of CONTRACTORS 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). E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee the next lowertier Subeentraeter; 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 CONTRACTORS fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 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; EJCDC G ENERAL CONDITIONS 1910-9 (1990 Edition) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. 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 patties 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 remairting item so long as the deletion or addition does not exceed twenty-fivepercent 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 perforating 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 fi-om completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at 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 readifiess 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) wt 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.b. 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 pail 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 ene dear two year 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 28 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of eRe year two year after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNEWs evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and