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102829 DON KEHN CONSTRUCTION - CONTRACT - BID - 5893 DRAKE ZIEGLER IMPROVEMENT
SPECIFICATIONS CONTRACT DOCUMENTS FOR DRAKE/ZIEGLER IMPROVEMENT PROJECT BID NO. 5893 BID OPENING: January 13, 2005 CITY OF FORT COLLINS PLANHOLDERS LIST FOR BID #5893 Drake/Ziegler Improvement Project MOUNTAIN CONSTRUCTORS PO BOX 405 PLATTEVILLE CO 80651 PH 970-785-6161 FAX 970-785-2515 COLORADO CONST. INC 6810 N. BROADWAY STE B DENVER CO 80221 PH 303-427-0868 FAX 303-427-0882 ARMADILLO FENCE & SECURITY 229 NORTH HWY 287 FORT COLLINS CO 80524 PH 970-493-7887 FAX 970-498-8917 AGGREGATE INDUSTRIES PO BOX 337231 GREELEY CO 80634 PH 970-353-2005 FAX 970-378-6856 ALL ABOUT SAFETY 12607 WCR 76 EATON CO 80615 PH 970-686-6644 FAX 970-686-6059 J & A SAFETY & SIGN DBA TRAFFIC MASTERS 1304 DUFF DR #14 FORT COLLINS, CO 80524 PH 970-221-3440 FAX 970-221-3480 MARK YOUNG CONSTRUCTION 155 N. COLLEGE AVE STE 220 FORT COLLINS CO 80524 PH 970-484-1648 FAX 970-224-0392 CONNELLRESOURCES 4305 E HARMONY ROAD FORT COLLINS CO 80528-9527 PH 370-223-3151 FAX 970-223-3191 CARNES SERVICES PO BOX 1258 WELLINGTON CO 80549 PH 970-568-3632 FAX 970-568-3165 LAFARGE 180ON TAFT HILL RD FORT COLLINS, CO 80522 PH 970-407-3659 FAX 970-407-3902 ADVANCED CONCRETE 2902 W MANSFIELD ENGLEOOD, CO 80110 PH 303-761-5991 FAX 303-761-0505 UNITED RENTALS 2456 E 9T" ST LOVELAND CO 80538 PH 970-667-3620 FAX 970-667-3930 EXPRESS CONCRETE 5305 ZIEGLER RD FORT COLLINS CO 80528 PH 970-225-1287 FAX 970-229-0846 TLM CONSTRUCTORS 1013 37T" AVE CT STE 202 GREELEY CO 80634 PH 970-346-8323 FAX 970-346-8324 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 Iroiect are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 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 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 16 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 petfotmance 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 correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other- consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 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 famish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER' 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. Paragraph4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. "b and maintaip�ng liability and pfepefty instwanee are set 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. ._ .Iffiffill. _ . ��:..._ - 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and : the c. pple entaf ' Genditians of these General Conditions.. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERS Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in paragraph 9.3 of these General Conditions. If the ENGINEER furnishes 9.3.1. The Representative's dealings in matters pertaining to the on -site work will, in general, be with the ENGINEER and CONTRACTOR. But, the Representative will keep the OWNER properly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR. 9.3.2. Duties and Responsibilities. Representative will: 9.3 2 1 Schedules Review the progress 19 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 iob conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR working principatly through CONTRACTOR'S suuperintendent 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, Reiection 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. 9.32A.2. Report to the ENGINEER whenever the Representative believes that the Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made: and advise the ENGINEER when he believes work should be corrected or reiected or should be uncovered for observation, or requires special testing, inspection or approval. 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies having iwisdiction over the Project, record the results of these inspections and report to the ENGINEER. 9.3.2.5. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clatification and intemretation 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 recommendations 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 office orderly files concerning correspondence, reports of iob conferences, 9.3.2.7.2. Keep a diary, daily report form, or log book, recording hours on the iob site, weather conditions, data relative to questions of work directive changes, Change Orders, or changed conditions list of iob site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures; send copies to the ENGINEER. 9.3.2.7.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of equipment and materials. 9.3.2.8. Reports. 9.3.2.8.1. Fumish ENGINEER periodic resorts, 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 submjttals. 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 a ui ment 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 requiting 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 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderjustifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinationsfor 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 PA for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other parry 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 oti 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 E1CDC 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..•._....ant t Aftiele 46. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9,13.1, Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. 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 1910-5 (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 sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (deterrraned 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 imiude, but fiet he 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 -retirement benefits;--benuseg siek leave •,aeatien and `elida • --•• applicable thereto. The expenses of performing Work after regular working hours; on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof --all in accordance with terns of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the Page 2 NEAT LINE STRUCTURES 3211 S. 25 CASTLE ROCK, CO 80109 PH 303-688-2719 FAX 303-688-2331 CONCRETE WORKS OF COLORADO 1260 ROCK CREEK CIRCLE LAFAYETTE, CO 80026 PH 303-665-2933 FAX 303-665-2996 NORTHERN COLORADO TRAFFIC CONTROL P.O. BOX 1826 GREELEY, CO 80632 PH 970-356-6881 FAX 970-356-5862 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' principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4--all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC GENERAL 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 e f five pereepA of the afasunt aid to the next IRv e_ .:.,_ Stib ......_. ete -; to be ne¢otiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 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 GENERAL CONDITIONS 1910-8 (1990 Edition) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at nems for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNEKs and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period. 13.12.1.If within ene year 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 E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28 wt 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 ene yeas two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work. 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract .Documents, .OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All, claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. 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 of Applications for Progress Payment. 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 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 ENGINEEWs 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 EJCDC GEN ERAL CONDITIONS 19 t0-8 (1990 Edition) 30 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 ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date pf Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR'S perfortttance 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 firr ish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Project manual. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6.2 of these General Conditions. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions goveming final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15—SUSPENSION OF WORK AND 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under- an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I 1 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted fi-om 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 enforce such unpaid claim and a notice of lis pendens is filed with the OWNER. At the expiration of such ninety (90) day period OWNER shall nay to CONTRACTOR such moneys and funds as are not the subiect of suit and [is pendens notices, and shall retain only sufficient funds to insure the payment of iudeements which may result from the suit. E)CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release(Contractor) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS Pages 00020-1 - 00020-2 00100-1 - 00100-9 00300-1 - 00300-5 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -Al - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-2 (This page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EJCDC 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 thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other, matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.4. 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 patties 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 snake 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 162 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 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: CTL Thompson Inc. Subgrade Investigation and Pavement Design Drake Road Realignment Project Phase I Drake Road Between Timberline Road and Rigden Parkway Fort Collins, Colorado Project No. FC03230 October 5, 2004 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). SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960Application for Payment I .. SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: DRAKE/ZIEGLER IMPROVEMENT PROJECT; BID NO. 5893 PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 Section 00960 Application for Payment Insert pages 1 - 4 9/99 APPLICATION FOR PAYMENT 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 p 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 Stored To Date Materials This Qty. Amount 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 SECTION 00020 INVITATION TO BID CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total This Earned Percent Item Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 Job Title DRAKE/ZIEGLER ROAD WIDEINING PHASE I Date: The Engineers Joint Contract Documents Committee General Conditions govern the construction of this contract. The following General Requirements supplement these General Conditions. PROJECT GENERAL REQUIREMENTS TABLE OF CONTENTS SECTION PAGE 01010 SUMMARY OF WORK......................................................................................... General Reqs. 2-3 01040 COORDINATION.................................................................................................. General Reqs. 4-5 01310 CONSTRUCTION SCHEDULES........................................................................ General Reqs. 6-7 01330 SURVEY DATA — (Contractor Supplied)............................................................ General Reqs. 8 01410 TESTING.................................................................................................................. General Reqs. 9-10 01510 TEMPORARY UTILIITIES.................................................................................. General Reqs. 11 01560 TEMPORARY CONTROL................................................................................... General Reqs. 12-13 01570 TREE PROTECTION........................................................................................... General Reqs. 14-15 01580 TRAFFIC REGULATION — (Contractor Supplied) .......................................... General Reqs. 16-17 01700 CONTRACT CLOSEOUT.................................................................................... General Reqs. 18 01711 SITE CLEANUP..................................................................................................... General Reqs. 19 01720 PROJECT RECORD DOCUMENTS................................................................. General Reqs. 20 Location in personal computer file General Reqs. - 1 Job Title Date: SECTION 01010 SUMMARY OF WORD 1.1 DESCRIPTION OF WORK A.The Work shall consist of the construction of the outlined improvements: PROPOSAL NO. 5893 1. Improvements for widening and adding turn lanes from Kecther to 20001f north of Rock Creek. Drake/Ziegler Road Improvements: The construction of this project includes widening Drake Road from Timberline Road, going east 3600 feet to just past Environmental Drive. Also contstructing Environmental Drive going east from Drake/Ziegler approx. 900 feet. This work includes rotomilling the existing asphalt roadway and constructing a complete new section with 6.5" of Asphalt, 6" of ABC, and 12" of Flyash Subgrade. The work necessary to complete this Project shall include, but not be limited to the Earthwork, Storm Sewer pipe installation, Box Culvert construction, parking lot upgrades to Cargill Seed Company, curb and gutter installation, sidewalk, fencing and regrading. B. Protection and Restoration. _ L Replace to equal or better conditions all items removed and replaced or damaged during construction. 2. Restore all areas disturbed to match surrounding surface conditions. 3. The Owners Field Representative must approve the condition of all replaced and/or restored areas prior to final payment. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES The following items shall be coordinated between the Contractor and the Owners Field Representative. ^ A. Notify private owners of adjacent properties, utilities, irrigation canals, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior 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, which would affect their daily operation. Location in personal computer file General Reqs. - 2 Job Title Date: E. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. UTILITIES Water: City of Fort Collins, Colorado 221-6681 Storm Sewer: City of Fort Collins, Colorado 221-6589 Sanitary Sewer: City of Fort Collins, Colorado 221-6681 Electric: City of Fort Collins, Colorado 221-6700 Gas/Electric: Xcel Energies 225-7847 Telephone: Qwest Communications 377-6401 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: AT&T Broadband 493-7400 Water: Fort Collins Loveland Water District 226-3104 ext. 17 Sewer: Fort Collins Loveland Water District 226-3104 ext. 17 Utility Locates Under A One -call @ system 1-800-922-1987 AGENCIES Occupational Safety & Health Administration (OSHA): 844-3061 Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Latimer County Sheriffs Department Non -Emergency: 221-7177 Emergency: 911 Postmaster: US Postal Service Judith Robertson: 225-4111 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 Locaixw in Piid END OF SECTION General Reqs. - 3 Job Title Date: SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner, which will facilitate progress of the Work. The Contractor shall also coordinate with the Utility Companies and City Traffic Department whose Work is separate from the General Contractor's contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the _ timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety, C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. E. Keep traffic areas and temporary residential accesses free of excavated material, construction equipment, pipe and other material and equipment. _ F. Keep fire hydrants and utility control valves free from obstruction and available for use at all times. G. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. H. Provide and maintain temporary approaches or crossings at streets and residences. 1.2 SCHEDULE AND MILESTONES The Contractor shall submit a detailed project schedule showing milestones and the critical path for The Drake\Ziegler Road Widening Project. This schedule shall be agreed to by both the Owner and Contractor. It shall be made in writing and signed by both parties. The progress schedule shall be monitored closely during construction and may be updated by written agreement of the parties as changes occur in the project progress. If the milestones are not met, the Owner may utilize the remedies provided in paragraph 15.6 of the Supplementary Conditions as well as any other remedy provided by the Contract Documents or provided by law or equity. The Owner may also assess liquidated damages as outlined in Article 3, Section 3.2 of the Agreement. 1.3 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. I. Contractor shall participate in the conference accompanied by all major Subcontractors. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. Contractor shall submit in writing proposed daily construction hours to Engineer for approval. — 4. Contractor shall designate all access roads and parking areas in writing to the Engineer for Location in p"isonal coinputk�l [i1c General Reqs. - 4 Job Title Date: approval. 5. The Engineer shall invite all utility and irrigation companies involved. 6. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 7. The Engineer shall introduce the Project Representatives. 8. At this time the superintendent will be expected to show that he has sufficient knowledge of the specifications and plans to orchestrate and coordinate the construction actives for this job. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. The Engineer may hold coordination conferences, to be attended by all parties involved, when the Contractor's operations affect, or are affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.4 PROGRESS MEETINGS A. Contractor and Project Manager shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Project Manager. 4. Others as may be requested by Contractor, Engineer or Owner. C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. 5. Review Milestone Schedule. 6. Discuss the work scheduled for the next two weeks. 7. Discuss the surveying needed for the next week. D. The Engineer or a Project Representative shall preside at meetings and record and distribute minutes to the participants. E. The Engineer or Engineer's Field Representative and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. l_ ,cauon ui im cmd aAnpuiar hit END OF SECTION General Reqs. - 5 Job Title 1.1 GENERAL Date: SECTION 01310 _ CONSTRUCTION SCHEDULES A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. _ 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. 2. The contractor will be required to submit a weekly progress schedule showing work to be completed, labor, equipment, work hours and methods of construction for the up coming week. This schedule will be required every Thursday in a daily calendar format. C. The schedule must show how the street, storm sewer, concrete and paving work will be coordinated. -- 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones. B. Equipment, Materials and Submittals schedule. 1. Show delivery status of critical and major items of equipment and materials. -- 2. Include a critical path schedule for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. LoczWon in po'.'nal urnpurer 1'11e General Reqs. - 6 Job Title Date: C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting the Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Reqs. - 7 Job Title SECTION 01330 SURVEY DATA Date: 1.1 SURVEY REQUIREMENTS A. The Owner will not provide the construction surveying for the Project. City of Fort Collins Survey _ Crews will perform the surveying required. The Contractor will be responsible to provide the surveying required on this project. B. The Owner will make the projects CAD drawings available to the Contractor upon request. C. The Contractor must submit a survey request to the Surveyors a minimum of 48 hours prior to needin surveying work done. D. If the requested surveying cannot be accomplished. in the time frame requested by the Contractor, the survey personnel shall notify the contractor with the date on which the requested work will be completed. E. Should a sudden change in the Contractor's operations or schedule require the survey personnel to _ work overtime, the Contractor shall pay the additional overtime expense. F. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the " Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of restaking construction stakes and for the cost of re-establishing a destroyed monument. Loraooji in per_-Bcll'01til wr life END OF SECTION General Reqs. - 8 SECTION 00020 INVITATION TO BID Date: December 28, 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 February 10, 2005, for the DRAKE/ZIEGLER IMPROVEMENT PROJECT; Bid No. 5893. If delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the realignment and widening of Drake/Ziegler Road east 3600 feet from Timberline Road to just past the future Environmental Drive. This project also constructs Environmental Drive east from Drake/Ziegler approximately 900 feet. This project includes but is not limited to the work necessary to widen and realign Drake Road. This work shall include the rotomilling of the existing Drake Road and the reconstruction of a new roadway section consisting of 6.5 inches of asphalt, 6 inches of aggregate base course and 12 inches of flyash treated subgrade. Also included with the roadway reconstruction: earthwork, storm sewer pipe installation, storm sewer inlets, installing an 8 foot x 4 foot box culvert on Environmental Drive, Parking lot upgrades to Cargill Seed Company, regarding, and the installation of curb, gutter, sidewalk and fence. 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 January 4, 2005. 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 1:00p.m., on January 26, 2005, in Conference Rooms A and B, at 281 North College Avenue, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid 07/2001 Section 00020 Page 1 Job Title Date: SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product, which becomes unfit for use after approval hereof, shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on these test procedures (which may be included for specific materials under their respective sections in the Specifications) shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete tests, except those called for under Submittals thereof. 4. Asphalt tests, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, the 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 section 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. I OC8IIOD ua ; .-,no.ud , o:nPLAT � e General Reqs. - 9 Job Title 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM Date: 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. The control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor's control system shall specifically include all testing required by the various sections of these Specifications. B. Superintendence: The Contractor SHALL employ a full time Superintendent whose sole responsibility is to monitor and coordinate all facets of the Work. The Superintendent shall be on site when work is in progress (i.e. weekend work). The Superintendent shall have adequate experience to perform the duties of Superintendent. The superintendent shall have the authority to act on behalf of the CONTRACTOR. The superintendent shall not be replaced without written notice to the Owner and Engineer. C. Quality Control: Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to the Engineer weekly. Location in personal .umpuuii t'ilc END OF SECTION General Reqs. - 10 Job Title SECTION 01510. TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. Date: B. Owner will furnish water in reasonable amounts for execution of the work at existing fire hydrants without charge to Contractor. The Contractor shall coordinate and schedule with the Owners' Field Representative for the Water Department to select the appropriate fire hydrant and set the hydrant meter. C. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Owner will fix the place, time, rate and duration of each withdrawal from the distribution system. 2. Unnecessary waste of water will not be tolerated. D. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1. Only Owner shall operate existing valves and hydrants. 1.2 SANITARY FACILITIES A. Contractor shall furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. Furnish a minimum of two portable toilets at the trailers (if office trailers are required) and a minimum of one at each project work site or as required to accommodate the number of personnel working on site. B. Contractor shall properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Contractor to enforce the use of such sanitary facilities by all personnel at the site. D. Place facilities out of public view using the greatest practical extent. I_Oid Iou in [,rFe,Ilk IIUI"T tiie END OF SECTION General Reqs. - 11 Job Title SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL Date: 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 7:30 p.m. and 6:30 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. Chemical dust suppressant shall not be injurious to existing or future vegetation. C. Dust control within the lime deposit area shall conform to the project's health and safety plan. At a minimum, the lime area shall be covered as soon as possible after compaction has been obtained to — minimize surface drying and dust. Dust control for this area may involve multiple watering and/or continuous watering to maintain a moist surface. 1.3 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. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in general will include: 1. Control of runoff 2. Trapping of sediment 3. Minimizing area and duration of soil exposure — 4. 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 greatest extent possible. t.ocador, in petxmal ronaputtr file General Reqs. - 12 Job Title Date: 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 and Plan. 1.5 SECURITY A. Contractor is responsible for protection of the site and all Work, materials, equipment and existing facilities thereon, against vandalism. B. No claim will be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage resulting from his failure to provide security measures as specified. C. Security measures will be instituted to protect owners of existing facilities during normal operation, but will also include such additional security fencing, barricades, lighting, watchman services or other measures as Contractor feels is required to protect the site. ,01,W w t, it�. END OF SECTION General Reqs. - 13 Job Title Date: SECTION 01570 TREE PROTECTION - A. Tree Barriers: All trees which will be preserved, but are within the limits of construction, must be protected from all damage associated with construction. A sturdy, physical barrier (fluorescent orange in color) must be fixed in place around each tree for the duration of construction. This barrier will be placed no closer than six (6) feet from the trunk, or one-half of the drip line, whichever is greater. The barrier itself must be fixed so it cannot be moved easily, but the material can be flexible, such as orange safety fence attached to metal T-posts driven into the ground, but must act as an effective deterrent to deliberate or accidental damage of each tree. The Project Engineer or Manager must approve actual materials and location of barrier. The in or storage of equipment, material, debris, or fill within these required protective barriers is completely prohibited. In situations where the construction will come closer to a tree than six (6) feet, the orange barrier must still be erected. However, additional padding must be placed around the trunk of each tree starting at ground level and proceeding up the trunk to a height of six or seven feet. Padding should be a minimum eight (8) inches thick, and made of a material strong enough to protect the bark from accidental impacts with hand tools or power equipment. B. Accidental Poisoning: During the construction, the Contractor shall not cause, or permit the cleaning of equipment or material within the root zone of any tree. The Contractor shall not store or dispose of waste material including, but not limited to; paints, solvents, asphalt, concrete, mortar, or any other material harmful to the life of a tree, within the root zone of each tree, or group of trees. C. Root Pruning Specifications: When the cutting of tree roots is necessary, each final cut must be made as cleanly as possible for all roots over three (3) inches in diameter using the following method: 1. The line of excavation will be drawn out and appropriate excavation equipment used to clear the area at least six inches in front of the actual finished excavation line. Roots can then be cut using tools such as axes, stump grinders, or trenchers. _ 2. Each root over three (3) inches in diameter will then be cut cleanly back to the excavation line using stump grinder operated by an experienced licensed arborist. A sharp hand or bow saw is _ acceptable for roots under three (3) inches in diameter. Axes and trenchers do not cut roots cleanly and will not be used for final root cuts. I'Stalwn'in peisvna corny-msf Silt General Reqs. - 14 Job Title Date: D. Contractor shall coordinate with the Owners' Field Representative prior to and during the tree protection erection and root pruning activities. Owners' Field Representative, at his/her opinion, will contact the City Forester and/or City Arborist for advice and approval of the tree protection measures taken by the Contractor and also the City's advice and approval during the root pruning activities. E. No damaging attachments, wires, signs, permits or other objects may be fastened by any means to any tree preserved on this project. F. Violation of Specifications and Penalties for Damaginp Trees: Any violation of these specifications will lead to penalties based on the type of violation and/or the resulting damages, and may be grounds for the termination of this contract. The penalties will be assessed based on the amount of damage done and the total value of that tree, or group of trees, prior to the damage. The minimum penalty will be $100.00. Penalties for any damage will be based on the total value of the tree as determined by the City Forestry Division staff and the severity of the damage as a proportion of the total value of that tree. This could include up to the full value of the tree. As an example, there are two American Elm trees to be preserved on another project. They are valued at $7,960 and $6,667 for the south and north trees respectively. The south tree is approximately 100 inches in circumference, therefore each inch is worth one -hundredth of the value, or $79.60 per inch. Similarly, the north tree is 91 inches in circumference, making each inch worth $73.26. To extend this to penalties paid, if one inch of the bark on the south tree is scuffed, the penalty would be $100 (the minimum allowed); if two inches are damaged, the penalty would be $159.20 and so on up to 50% of the circumference of the trunk. If 50% or more is damaged, the full value of the tree will be assessed as a penalty. (This example serves to illustrate how damages will be assessed). This method of assessing penalties will be applicable to all trees not marked for removal on the project, accidental poisoning and improper pruning. i ih m in i i ,.rr ITeI ti'c END OF SECTION General Reqs. - 15 lob Title SECTION 01580 TRAFFIC REGULATION 1.1 TRAFFIC CONTROL Date: A. The traffic control for this project shall be the responsibility of the Contractor. Traffic control is defined as those devices necessary to channelize vehicular and pedestrian traffic through the project. B. The Contractor and/or Traffic Control 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. Two way traffic shall be maintained on this job at all times. 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. The traffic access/control plan limitations for handling traffic for these projects are described below. There will be a road closures allowed. Access to Cargill's Facility must be maintained at all times throughout this project during normal business hours. Any modifications to the traffic control plan must be approved by the City's Traffic Control Coordinator and the Engineer. E. The Contractor must work with the adjacent residents to provide and maintain sufficient access for them during the duration of the project. It will be the Contractors responsibility to coordinate and communicate with the residents during construction. _ F. The Contractor must maintain, at their cost, access to the Cargill Seed Companies site during their business hours. It will be the Contractors responsibility to coordinate and communicate with the businesses during construction. G. The Contractor shall keep fire hydrants and utility control valves free from obstruction and available for use at all times. 1.2 WORK AREA SAFETY A. The Contractor shall maintain a safe work area and protect area residents, motorists, bicyclists, pedestrians, and children from work area hazards. B. The Contractor shall provide all work area safety control devices, such as barricades and safety fence around all excavations and drop-offs. C. Work area safety control devices will not be paid for separately. Cost for this equipment should be _ included in the lump sum cost for the work items which will require work area safety control devices. Ltnziltrtt in pci,,amf cwop:x� fiYc. . General Reqs. - 16 Job Title 1.3 PARKING Date: 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 public traffic, Owner's operations, or construction activities. 1 it p. i,owd �,,Ii Il'ut. f !If, END OF SECTION General Reqs. - 17 Job Title Date: SECTION 01700 CONTRACT CLOSEOUT 1.1 SUBSTANTIAL COMPLETION A. Substantial Completion for the Drake/Ziegler Road Widening shall be defined as the completion of _ all pavement, curb and gutter, sidewalks, ramps, underground utility work, inlets, storm drainage work, medians, earthwork and any other pertinent items as required for this project. The roadways must be opened to traffic. B. Substantial Completion dates or times are outlined in Section 00520 - Agreement. 1.2 FINAL COMPLETION — A. Final Completion shall be defined as the completion of all Work including cleanup, Project Record Documents shall be turned over to the Owner, all punch list items completed, and all processing of _ all change orders. The Work must be ready for final payment and acceptance. B. Final Completion will be subject to the terms outlined in Section 00520 - Agreement. l..ocatit! n in per:M I 11al euniputcr file END OF SECTION General Reqs. - 18 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 Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins BY b.O"' W _ a es B. O'Neill, II, CP , FNIGP chasing/Risk Management Director 07/2001 Section 00020 Page 2 Job Title SECTION 01711 SITE CLEANUP 1.1 GENERAL A. Execute cleanup, during progress of the Work, and at completion of the Work. B. Adequate cleanup will be a condition for recommendation of progress payments. 1.2 DESCRIPTION A. Store volatile wastes in covered metal containers and dispose off site. Date: B. Provide on -site covered containers for the collection of waste materials, debris and rubbish. C. Neatly store construction materials, such as concrete forms, when not in use. D. Broom clean adjacent paved surfaces and rake other adjacent surfaces. E. The streets adjacent to the construction area shall be cleaned of debris generated by the project by the Contractor at the earliest opportunity, but in no case shall the street be left uncleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary equipment and materials to satisfactorily clean the roadway at no additional cost to the project. The City's Street Department will sweep the street at an approximate hourly rate of $70.00 for a minimum of 2 hours. The Contractor must sign a Contract with the City Street Department prior to requesting street sweeping. If the streets are not cleaned by the Contractor within 24 hours after having been given notice from the Project Engineer, the Project Engineer will have the Streets Department sweep the streets at the rates listed above and will back charge the Contractor for expenses incurred. 1.3 DISPOSAL A. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams or waterways. B. Remove waste materials, clearing materials, demolition materials, unsuitable excavated materials, debris and rubbish from the site at least weekly and dispose of at disposal areas furnished by Contractor away from the site. 1 i" it; au iu T" t,oaal con u t c tllc END OF SECTION General Reqs. - 19 Job Title SECTION 01720 PROJECT RECORD DOCUMENTS 1.1 GENERAL A. Maintain at the site one record copy of: 1. Documents and samples called for in General Conditions 6.19. 2. Field Test Records. 3. Certificates of compliance. 1.2 MAINTENANCE OF DOCUMENTS AND SAMPLES Date: A. File documents and samples in accordance with the specifications section numbers. B. Maintain documents and samples in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. 1.3 RECORDING A. Label each document 'PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. 1. Do not cover Work until required information is recorded. C. Marking of Project Records. 1. Legible and with a dark pen or pencil. 2. Ink shall not be water based or subject to easy smearing. D. Mark Drawings to record actual construction. 1. Field dimensions, elevations, and details. 2. Changes made by a Modification. 3. Details not on original Drawings. 4. Horizontal and vertical locations of underground utilities and appurtenances referenced to a minimum of three permanent surface improvements. 5. Depths of various elements in relation to project datum. 6. Location of utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 1.4 SUBMISSION A. Accompany submittal with transmittal letter in duplicate containing: 1. Date. 2. Project title and number. 3. Contractor's names, address, and telephone number. 4. Index containing title and number of each Record Document. 5. Signature of Contractor or his authorized representative. 1,1"1(i:.n in IW.IWl Wd cuIII parer Ilk END OF SECTION General Reqs. - 20 Project File DRAKE/ZIEGLER ROAD WIDEINING PHASE I Date: The Colorado Division of Highways "Standard Specifications for Road and Bridge Construction (1999), except as revised herein, is hereby adopted as a minimum standard of compliance for this project. The City of Fort Collins Storm Drainage Construction Standards, City of Fort Collins Water Utilities Standard Construction Specifications, City of Fort Collins Design Criteria and Standards for Streets, and City of Fort Collins Work Area Traffic Control Handbook, shall also serve as minimum standards of compliance for this project. They are not included in the contract documents, but may be obtained at the appropriate City Departments. It shall be the Contractor's responsibility to purchase and familiarize themselves with all of the City Department Specifications. These project specifications, City Department specifications, and CDOT standard specifications are considered minimum standards for compliance on this project. In those instances where the CDOT Standard Specifications conflict with the City specifications listed above, the City specifications shall govern. In those instances where the CDOT Standard Specifications conflict with any of the provisions of the preceding Sections 00001 through 01750, General Requirements, the preceding sections shall govern. PROJECT CONSTRUCTION SPECIFICATIONS INDEX OF REVISIONS SECTION PAGE 202 REMOVALS............................................................................................................ Technical Specs 203 EXCAVATION AND EMBANKMENT.............................................................. Technical Specs 206 208 210 304 EXCAVATION AND BACKFILL FOR STRUCTURES ................................. Technical Specs EROSIONCONTROL........................................................................................... Technical Specs RESET STRUCTURES ....................... AGGREGATE BASE COURSE ..................... .................................... Technical Specs ............................. Technical Specs 306 RECONDITIONING.............................................................................................. Technical Specs 307 FLY ASH SUBGRADE STABILIZATION......................................................... Technical Specs 401 PLANT MIX PAVEMENTS - GENERAL.......................................................... Technical Specs 403 HOT BITUMINOUS PAVEMENT...................................................................... Technical Specs 420 GEOSYNTHETICS................................................................................................ Technical Specs 506 RIPRAP................................................................................................................... Technical Specs 601 STRUCTURAL CONCRETE............................................................................... Technical Specs 603 CULVERTS AND SEWERS ..................................... :.......................................... Technical Specs 604 MANHOLES, INLETS AND METER VAULTS ............................................... Technical Specs Location in personal computer file Technical Specs. - 1 Project File Date: 607 FENCE...................................................................................................................... Technical Specs 608 SIDEWALKS AND DECORATIVE CROSSWALKS ....................................... Technical Specs 609 CURB AND GUTTER........................................................................................... Technical Specs 610 DECORATIVE CONCRETE............................................................................... Technical Specs 619 WATER LINES...................................................................................................... Technical Specs 630 TRAFFIC CONTROL DEVICES........................................................................ Technical Specs Location in personal computer File Technical Specs. - 2 Project File REVISION OF SECTION 202 REMOVALS Section 202 of the Standard Specifications is hereby revised for this project as follows: Date: Subsection 202.01 is revised to include the following: The Contractor shall remove and dispose of all concrete sidewalk, curb and gutter, cross pans, driveways, inlets, irrigation structures, pipe, structures, asphalt, fence, trees, retaining walls and any other obstructions that are designated for removal by the Engineer. All such removals will be measured in the field, and quantities agreed to by the Contractor and the Engineer. Subsection 202.02 is revised to include the following: Disposal Site - Materials designated for removal shall become property of the Contractor, unless noted in the specifications or specified by the Engineer to be salvaged or stockpiled. It shall be the Contractor's responsibility to obtain disposal sites for all unusable material, which is removed. Subsection 202.07 is revised to include the following: Prior to removal, concrete and/or asphalt shall be saw cut full depth to a clean and straight vertical line. Pieces of concrete which, due to the Contractor's operations, crack or break beyond the limits of construction, shall be saw cut, or removed to the nearest joint, and removed and replaced at the Contractors expense. The limit of the repair will be determined by the Engineer. The initial saw cutting to remove existing concrete and/or asphalt shall be considered incidental to the Work and shall not be paid for separately under this item. Remove Curb and Gutter —This work shall consist of the removal of the existing curb and gutter back to the limits of construction along Rigden Parkway and the removal of the existing curb along the north side of Drake Road at the Timberline intersection. All materials, equipment and labor necessary to complete this work shall be considered incidental to the work and not paid for separately. This item shall be field measured and paid for by the lineal foot. Remove Asphalt Pavement (8" Depth) — This work shall consist of the full depth removal of asphalt pavement necessary to complete this project. The full depth removal ranges from station 8+00 to 28+00, there is also some full depth removal necessary to complete the improvements west of station 8+00. The removals necessary to the west of station 8+00 include full depth removal needed to install new drive entrances to the future King Soopers site along with full depth removal along the north side of the median to the limits of median removal outlined on the plans. All materials, equipment and labor necessary to complete this work shall be considered incidental to the work and not be paid for separately. This item shall be field measured and paid for by the square yard. Profile Mill (0" — 3" Depth) — This work shall consist of the removal of the top three inches (3") of asphalt pavement from station 28+00 to the location where Environmental Drive ties into the existing roadway. There will also be profile milling done to the west of station 8+00 along the south side of the median to provide an opportunity to overlay the entire Drake roadway from the limits of overlay listed on the KHA design plans. All materials, equipment and labor necessary to complete this work shall be considered incidental to the work and not be paid for separately. This item shall be field measured and paid for by the square yard. Median Fill Removal — This work shall consist of the removal of existing median fill material, to subgrade elevation, pertaining to the median relocation along Drake Road at the future King Soopers site and the Rigden Parkway intersection. The removal of splash block material and curb and gutter shall not be paid for under this line item, they will be paid for separately under the corresponding line items. All materials, equipment and labor necessary to complete this work shall be considered incidental to the work and not be paid for separately. This item shall be field measured and paid for by the square foot. Location in personal computer file Technical Specs. - 3 Project File Date: '- Remove Median Splash block -This work shall consist of the removal of median splash block material involved with the relocation of the medians at Rigden Parkway and the future King Soopers site. This work shall be paid for separately from the median fill removal and the curb and gutter removal associated with this work. All materials, equipment and labor necessary to complete this work shall be considered incidental to the work and not _ be paid for separately. This item shall be field measured and paid for by the square foot. Removal of concrete, asphalt and/or obstructions as described in section 202.01 beyond the limits designated by the Engineer will be the responsibility of the Contractor and will not be paid for under this section. Subsection 202.11 is revised to include the following: The Contractor and the Engineer shall field measure and agree upon the quantity to be removed before the work `- commences. Should the Contractor fail to request the Engineer to measure any work, the Contractor shall not be compensated for materials that were not measured by the Engineer. The accepted quantities will be paid for at the contract unit price. Saw cutting, excavation, backfill, haul, disposal, and stockpiling of materials will not be measured and paid for separately. This cost shall be included in the unit price for each bid item in Section 202. Subsection 202.12 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 202-01 Remove Pipe (RCP,CMP,PVC) - (LF) 202-02 Remove Curb and Gutter - (LF) 202-03 Remove Asphalt Pavement (8" Depth) - (SY) 202-04 Profile Mill (0" - 3" Depth) - (SY) 202-05 Remove Sidewalk 6" - (SF) 202-06 Remove Fence (Various Types) - (LF) 202-07 Median Fill Removal - (SF) `- 202-08 Remove Median Splash block- (SF) 202-09 Remove Tree - (EA) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in removals and rotomilling, including excavation, backfill, haul and disposal, as specified in these specifications, and as directed by the Engineer. All saw cutting involved in removing the necessary items in order to complete the Work shall be considered incidental to the Work and will not be paid for separately. END OF SECTION Location in personal computer file Technical Specs. - 4 .,M Project File REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised as follows: Subsection 203.01 is revised to include the following: Date: Unclassified Excavation - This shall consist of excavation of all materials on the site to final grades, excluding the bid items listed in Section 202. Excavation of unsuitable material will only be paid for if it is found to be unsuitable in its original state. This item shall be measured from the plans and cross sections, and will be paid for by the cubic yard. This item shall be paid according to plan quantity. Embankment (Complete in Place) - All excavated material, except the material being hauled and disposed, shall be placed as embankment and compacted, to final grades, as specified in Section 203.07. The embankment quantity was not adjusted to allow for shrinkage during compaction. This item will be measured from the plans and cross sections and will be paid for by the cubic yard. This item will be paid according to plan quantity. Irrigation Ditch Grading —This work shall include the regarding of the existing irrigation ditch along Cargill's east field edge to promote drainage into the newly constructed bee hive inlet. Also, with this work shall be included the notching of a weir into the existing Cargill retention pond located just north and east of the future beehive inlet. All equipment, materials and labor necessary to complete this work shall be considered incidental to the work and not be paid for separately. This item shall be field measured and paid for by the lineal foot. Borrow - ABC Class 5 or 6 (Complete in Place) -This shall include supplying, placing, and compacting aggregate base course as directed by the Engineer. This item will be measured in the field and paid for by the ton. This item will not be paid for as Embankment. Borrow material will only be used for fill if there is a shortage of suitable material onsite and/or as directed by the Engineer and may be used under sidewalks and median hardscaped areas. Muck Excavation (Complete in Place) - This shall include excavation of unsuitable material, supplying and placing Class 1 or 2 Structural Backfill, Pit Run or an approved fill, recompacting material to finish grade, and haul and disposal of unsuitable material. Muck -excavation of material from rain or weather damage will not be paid for and is entirely the Contractors responsibility. This item shall be measured in the field, and will be paid for by the cubic yard. Topsoil - (stripping, stockpiling, placing) - All areas that have suitable topsoil material shall be stripped to a depth of 6 inches. This material shall be stockpiled and placed after the final grades have been established. This item shall include stripping existing vegetation, temporarily stockpiling, loading, hauling, and placing topsoil material for back of walk and curb areas, parkway areas, and other designated areas. This item shall be paid according to plan quantity. Temporary Access Road — This work shall include the construction and maintenance of an all weather access road for the Cargill property. Access to the Cargill property must be maintained throughout the construction process. All materials, equipment and labor necessary to build and maintain this road shall be considered incidental to the work and not be paid for separately. This work shall be paid for as a lump sum quantity. Median Hardscape Shaping (Complete in Place) — The areas in the medians beneath the exposed aggregate concrete shall be backfilled with suitable onsite material approved by the Engineer. These areas shall be backfilled in lifts not to exceed 6 inches (6") and compacted with a plate compactor or as directed by the Engineer. This item will not be paid for as Embankment. This item will be measured in the field and will be paid for by the square foot. Location in personal computer file Technical Specs. - 5 Project File Date: Median Fill (Complete in Place) — The areas in the medians behind the exposed aggregate concrete shall be -- backfilled to the top of the splashblock with suitable onsite material approved by the Engineer. This item will not be paid for as Embankment. This item will be measured in the field and will be paid for by the cubic yard. Swale Grading/Shaping and Blue Topping — Cast In Place — This work shall include but not be limited to the blue topping, shaping and fine grading of the Swale to be installed along the Cargill property. The hauling and disposal of all excess material generated from this work will be considered incidental to the work and not be paid for _ separately. This item will be field measured and paid for by the lineal foot. Potholing — The Contractor shall be responsible for locating electrical, gas, fiber optic, cable, telephone, traffic signal conduit and other existing utility lines and shall be performed every 100 lineal feet or as deemed necessary by the contractor. All related work, including excavation, backfilling, shoring, labor and number of hours will not be measured and paid for separately, but shall be included in the work. Repair of damaged existing utility lines caused by the Contractor will be at the Contractor's expense. Potholing will be paid as a lump sum item. Regrade Existing Cargill Parking Lot — This work shall include all of the work necessary to regrade the existing Cargill parking lot to positively drain to the area inlet to be installed with this project. The labor and equipment needed to complete this work shall be considered incidental to the work and not be paid for separately. If a base material is needed to complete this work the contractor may use the millings from Drake Road as a base material to complete this work. This item shall be paid for as a lump sum quantity. These items will not be paid separately under items in section 202, 210, 603, or 604. Embankment and subgrade material shall be compacted to 95% of maximum density at +/- 2% optimum _ moisture. Maximum density shall, be determined by ASTM D 698. This will apply under the roadway, curb and gutter, sidewalk, and driveways. Topsoil shall be compacted to 85% of maximum density at/or near optimum moisture. Excavation and Embankment will only be paid when a significant change in grade is required, as determined by the Engineer. Minor cuts and rills shall be considered incidental to the work, and shall not be paid separately under this section. If unsuitable subgrade is encountered and the Engineer directs the Contractor to over excavate the material, the Contractor shall use Aggregate Base Courses (Class 5 or 6), Class 1 or 2 Structural Backfill, Pit Run or an approved fill to backfill the over excavated area if there is not any acceptable material onsite. This Work will not be paid for separately but will be paid under the Muck Excavation item. The proposed material shall meet the following minimum requirements: LL Maximum: 30 PI Maximum: 6 "R" Value Minimum: 78 The minimum strength coefficient of the Aggregate Base Coarse shall be 0.11. After specified compaction has been obtained, the subgrade under the curb, gutter, sidewalk, and pavement shall be proof -rolled with a heavily loaded rubber tired roller, fully loaded water truck, or approved equal. Those areas which produce a rut depth of over one-half (1/2) inch or which crack the subgrade after pumping and rebounding shall be ripped, scarified, wetted or dried if necessary, and recompacted to the requirements for density and moisture at the Contractor's expense. Where unsuitable material is encountered, the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade with approved — material. The completed subgrade shall be proof -rolled again after placement of approved material. This will be Location in personal computer file Technical Specs. - 6 Project File paid for at the contract unit price for Muck Excavation. Date: The Contractor shall refer to the plans for regrading information. This work shall include all excavation, embankment, and grading required to prepare these sites for landscaping. Subsection 203.04 is revised to include the following: The excavations and embankments shall be finished to smooth and uniform surfaces conforming to the typical sections specified. Variation from the subgrade plan elevations specified shall not be more than 0.08 feet. Subsection 203.13 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 203-01 Unclassified Excavation.— (CY) 203-02 Embankment -CIP — (CY) 203-03 Irrigation Ditch Regrading — (LF) 203-04 Borrow ABC (Class 5 or 6) —CIP - (Ton) 203-05 Muck Excavation (CIP) — (CY) 203-06 Topsoil —(Stripping, stockpiling, placing) — 6" Depth — (CY) 203-07 Temporary Access Road — (LS) 203-08 Median Hardscape Shaping - CIP — (SF) 203-09 Median Fill - CIP — (CY) 203-10 Swale Grading/Shaping and Blue Topping — CIP — (LF) 203-11 Potholing — (LS) 203-12 Regrade Existing Cargill Parking Lot — (LS) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Unclassified Excavation, Embankment, Haul & Dispose, Topsoil (stripping, stockpiling, placing), Muck Excavation, Borrow ABC and Median Hardscape Shaping, including without limitation, haul, stockpiling, placing of material, watering or drying soil, compaction, proof rolling, finish grading, and disposal of unusable materials, as shown on the plans and as specified in these specifications, and as directed by the Engineer. Location in personal computer file END OF SECTION Technical Specs. - 7 Project File REVISION OF SECTION 206 EXCAVATION AND BACKFILL FOR STRUCTURES Section 206 of the Standard Specifications is hereby revised as follows: Subsection 206.03 is revised to include the following: Date: — Structure Excavation - It is anticipated that unsuitable soils will be encountered for the foundation of the box culvert. The excavation of the unsuitable material has already been accounted for and will be paid for under the Muck Excavation item. The Contractor is cautioned that construction equipment may cause the natural soils to pump or deform while performing excavation work inside and on footings, structural floor slabs, or other structure foundation areas. Foundation materials which are: a) saturated by either surface or dewatering work by the Contractor; b) frozen ^ for any reason; or, c) that are disturbed by the Contractor's work or caused to become unacceptable for foundation material purposes by means of the Contractor's equipment, manpower, or methods of work shall be removed and replaced by the Contractor at his expense. Care should be taken when excavating the foundations to avoid disturbing the supporting materials. Excavation by eitherhandor careful backhoe soil removal, may be required in excavating the last few inches of material to - obtain the subgrade of any item of the concrete work. Any over -excavated subgrades that are due to the Contractor's actions, shall be brought back to subgrade elevations by the Contractor and at his expense in the following manner: I. For over -excavations of 2 inches or less, either: Backfill and compact with an approved granular materials; backfill with inch washed crushed rock; or fill within concrete at the time of the appurtenant structure concrete pour. 2. For over -excavations greater than 2 inches, backfill and compact with 11/2 inch washed crushed rock. Structural Haul and Leveling - This shall consist of hauling and leveling of any excess material or unsuitable fill material on site. This item will be measured from the plans and cross sections and will be paid for by the cubic yard. This item shall be paid according to plan quantity. _ Strucural Backfill flow fill - Backfill flow fill will be required around the foundation and up to the top of the box culvert. Dewatering - This item shall include pumps, labor, equipment, obtaining permits and any associated costs to insure a dry work area. Also, a discharge pipe is to be installed and removed to provide access for construction equipment. These combined items will be paid for as a lump sum price. Dewatering should not be conducted by - pumping from inside footing, structural floor slab, or other structure foundation limits. This may decrease the supporting capacity of the soils. Location in personal computer file Technical Specs. - 8 SECTION 00100 INSTRUCTIONS TO BIDDERS Project File Subsection 206.07is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 206-01 Structure Excavation — (CY) 206-02 Structure Backfill Flow Fill — (CY) 206-03 Filter Material (1 1/2" Washed Rock) — (TON) 206-04 Dewatering — (LS) Date: The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Structural Excavation, Backfill, Haul & Leveling, Filter Material installation, and Dewatering, including without limitation, haul, stockpiling, placing of material, watering or drying soil, compaction, proof rolling, finish grading, and disposal of unusable materials, as shown on the plans and as specified in these specifications, and as directed by the Engineer. Location in personal computer file END OF SECTION Technical Specs. - 9 Project File Date: REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: Subsection 208.05 is revised to include the following: All Erosion Control Devices, Materials, and Techniques required to prevent damage to the storm water facilities as outlined in the City of Fort Collins Standards will be considered incidental to the work, and shall be included in the price. No measurement for payment shall be made for maintenance of Erosion Control devices. The tracking pad shown on the plans shall be included and considered incidental to the work. This item will be paid for as a lump sum price to the Contractor. Working in or Crossing Watercourses and Wetlands -Construction vehicles shall be kept out of watercourses to the extent possible. Where in channel -work is necessary, precautions must be taken to stabilize the work area during construction to minimize erosion control. The channel (including bed and banks) must always be restabilized immediately after in -channel work is completed. Where'a live (wet) watercourse must be crossed by construction vehicles during construction, a Temporary Stream Crossing must be provided for this purpose. Subsection 208.07 is revised to include the following: The accepted quantities will be paid for at the contract unit price. Payment will be made under: _ Pay Item and Pay Unit The pay unit is denoted by (). 20MI Erosion Control — (LS) 208-02 Silt Fence — (LF) 208-03 Straw Bales Furnished and Installed — (EA) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in installing and maintaining erosion control, complete -in -place, as specified in these specifications, and as directed by the Engineer. END OF SECTION Location in personal computer file Technical Specs. - 10 Project File REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised as follows: Subsection 210.10 is revised to include the following: Date: Work contained in this Subsection shall meet the requirements of the current City of Fort Collins Water Utilities Standard Construction Specifications or other applicable water utility agency standard construction specifications. The Contractor shall cooperate and coordinate with the City Water Utilities Department or other applicable water utility when shutting off water to minimize downtime to customers. The Contractor shall also coordinate work involving the relocation of fire hydrants, water meters, curb stops, and water valves, and lowering water and sewer service lines, and water lines. The Contractor shall supply all materials required to complete the work that is not supplied by the City or other applicable water utility, and these materials shall be included in the costs of each item. This shall include, but not be limited to; new copper line and fittings, new stop boxes, meter pits, excavation, backfill and compaction. New copper fittings, stop boxes, and meter pits will be required at each location. All structures located in bituminous pavements to be surfaced shall be adjusted prior to, or during paving operations. All structures located within a concrete pavement shall be adjusted prior to opening the roadway. The Contractor shall perform all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. The adjustments shall be made as noted below. All structures shall be adjusted to be '/a", +/- 1/8" below the pavement surface. The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes, valve boxes, or other structures during the construction process. In the event that a structure was not properly adjusted (i.e. too high or too low) or the structure was covered and not adjusted after the paving operation, written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within 5 working days. In the event that the structure is not adjusted within said time frame; the Engineer shall have the right to engage a third party to complete the work, and to withhold the cost of such work from payments due the Contractor. If a structure is adjusted prior to an overlay operation, the Contractor shall place bituminous base material around the structure as directed by the Engineer to insure that it will not be a hazard to vehicular traffic. This will be paid for under the bid item for Asphalt Patching. Adjust Manhole Ring/Cover — Manholes located within existing asphalt pavement shall be adjusted by removing an area of pavement with a minimum diameter one foot (1') larger than the structure (centered on the structure). This shall be done by cutting vertical edges, adjusting the manhole by grouting concrete rings and/or utilizing metal shims to raise the structure to the proper grade, then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions. Any manhole cover which is unstable or noisy under traffic shall be replaced. This item will be paid under Adjust Manhole Ring/Cover — (EA). Location in personal computer file Technical Specs. - 11 Project File Date: — Modify Manhole - Manholes located within existing asphalt pavement or subgrade shall be adjusted by removing an area of pavement or subgrade with a minimum diameter two foot (2') larger than the structure (centered on the _ structure). This shall be done by cutting vertical edges in the pavement, if required, and excavating below the ground surface to the required barrel seam needed to start the adjustment. The cone section shall be removed and additional sections added or removed to obtain the plan finished elevation. All manhole sections shall be cleaned and an approved gasket material applied prior to reassembly. This work shall be done in accordance with the City of Fort Collins Standard Construction Specification for Sewer Mains. The excavation shall be backfilled with on -site material and shall be mechanically compacted or Flowable Fill used if directed by the Engineer. This item will be paid under Modify Manhole — (EA). Flowable Fill will be paid under Section 608. Adjust Valve Box — Valve boxes located within asphalt pavement shall be adjusted by removing the existing pavement around the valve box, adjusting the valve by turning it to the proper grade, trimming the existing asphalt by cutting vertical edges, then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement. If a valve box cannot be turned up, or can be turned up, but not sufficiently to achieve the proper grade or if the ` top section of the valve box is in poor condition, the Contractor shall excavate around the top section of the valve box and remove and replace the top section with a longer section supplied by the Contractor. The excavation shall then be back filled with Flowable Fill to the top of subgrade, and then, material of the same grade and quality as the adjacent pavement shall be placed. The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If, in the opinion of the Engineer, the Contractor is negligent and breaks the valve box, the valve box shall be replaced at the Contractor's expense. This item will be paid under Adjust Valve Box — (EA). Fire Hydrants — The Contractor shall supply all materials required to complete the Work. These materials shall be included in the cost for adjusting or relocating the fire hydrants. The Contractor shall also include excavation, bedding, backfill and compaction into his/her item cost. This Work will not be paid for separately under any other item listed in these specifications. This item will be paid under Relocate Fire Hydrant — (EA). Meter Vaults — The Contractor shall supply all materials required to complete the Work. These materials shall be included in the cost for adjusting or meter vaults. All the materials, labor and equipment necessary to complete _ this work shall be considered incidental to the work and be included in the price of the item. This Work will not be paid for separately under any other item listed in these specifications. This item will be paid under Adjust Meter Vault — (EA). Air Vent Pipe —The Contractor shall supply all materials required to complete the Work. These materials shall be included in the cost for relocating the Air Vent Pipe. The Contractor shall also include excavation, bedding, backfill and compaction into his/her item cost. This Work will not be paid for separately under any other item listed in these specifications. This item will be paid under Relocate Air Vent Pipe — (EA). Cathodic Protection (C.P.) Test Station Relocation — The relocation of C. P. Test Stations are shown on the plans. The Engineer may also request C. P. Test Stations to be relocated that are not shown on the plans. The City of Fort Collins Water Utility will provide the materials, perform the wire connections and extend the wires to the new location. The Contractor shall notify the Owners Field Representative on site prior to doing this work The Contractor shall locate the existing test station wires, excavate the trench to the new location, backfill the trench after the City Utility Crews are done with their work and set the City supplied concrete pod, with the wires inside, to the finished grade. If the Contractor pulls the existing test station wires off the connection at the water main line, the Contractor shall be responsible to repair the test wires at the main line under the direction of the City — Utility Crews at the Contractors expense. This item will be paid under Relocate C. P. Test Station — (EA). Location in personal computer file Technical Specs. - 12 Project File Date: Gate and Posts —The Contractor shall supply all materials required to complete the Work. These materials shall be included in the cost for relocating the gate and posts. The Contractor shall also include excavation, backfill and compaction into his/her item cost. This Work will not be paid for separately under any other item listed in these specifications. This item will be paid under Relocate Gate and Posts — (EA). Traffic Signs - Prior to commencement of any construction that will affect traffic signs of any type, the Contractor shall contact the City of Fort Collins Streets Division and the City Construction Manager for removal of the signs. The COFC Streets Division will remove these signs and reset all traffic signs upon project completion. Subsection 210.13 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by ( ) 210-01 Adjust Manhole Ring/Cover — (EA) 210-02 Modify Manhole — (EA) 210-03 Adjust Valve Box— (EA) 210-04 Relocate Fire Hydrant — (EA) 210-05 Adjust Meter Vault — (EA) 210-06 Relocate C.P. Test Stations — (EA) 210-07 Relocate Gate and Posts — (EA) 210-08 Relocate Air Vent Pipe - (EA) 210-09 Relocate Mail Box — (EA) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the Work involved in adjusting structures, complete -in -place, including non -shrink backfill, concrete, metal shims, bituminous materials, haul and disposal, excavation, bedding material, backfill, and compaction as shown on the plans, as specified in these specifications, and as directed by the Engineer. Location in personal computer file END OF SECTION Technical Specs. - 13 Project File REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is revised as follows: Subsection 304.01 is revised to include the following: Date: This work shall consist of placing 6" of Aggregate Base Course (Class 5 or 6) over previously prepared pavement subgrade approved by the Engineer. Aggregate Base Course will be used under the asphalt pavement section and shall meet the requirements of Subsection 703.03. The proposed material shall meet the following minimum requirements: LL Maximum: 30 PI Maximum: 6 "R" Value Minimum: 78 The minimum strength coefficient of the Class 5 or 6 Aggregate Base Course shall .be 0.11 Subsection 304.66 is revised to include the following: Aggregate Base Course shall be compacted to at least 95% of maximum density at or near optimum moisture as — determined by ASTM D698. Subsection 304.07 is revised to include the following: . . Aggregate Base Course will be measured by the ton at proper moisture. Quantity will be adjusted accordingly if the moisture content is too high. Haul and water necessary to bring mixture to optimum moisture will not be measured or paid for separately, but shall be included in the price for Aggregate Base Course. Soil sterilization shall be applied under all new asphalt paving and shall be considered incidental to the work. Sterilization shall not be paid for separately under this item. _ Subsection 304.08 is revised to include the following: The accepted quantities of Aggregate Base Course will be paid for at the contract unit price per ton. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 304-01 Aggregate Base Course (Class 5 or 6) 6" depth — (TON) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in Aggregate Base Course including haul, sterilization, and water. The work will be complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Location in personal computer file Technical Specs. -14 Project File REVISION OF SECTION 306 RECONDITIONING Section 306 of the Standard Specifications is hereby revised for this project as follows: Subsection 306.02 is revised to include the following: Date: The top 8" of the entire subgrade, including fill areas, (curb, gutter and sidewalk, and pavement areas) shall be reconditioned by scarifying and recompacting. The subgrade shall be thoroughly mixed and dried or moistened to full depth and compacted as specified in Section 203.07.,The reconditioned surface shall not vary above or below the lines and grades as staked by more than 0.04 foot under asphalt or concrete pavement or 0.08 foot under aggregate base course. The surface shall be tested prior to application of any base course or pavement. All defective work shall be corrected as directed by the Engineer. The surface shall be protected and maintained until base course or pavement has been placed. If the Contractor chooses to use roadbase as a fine grading material or a material to mitigate over excavated or rain damaged areas this shall be entirely the Contractor's cost and shall be considered incidental to the Work. The Contractor shall be paid for reconditioning, if reconditioning has been attempted, and muck excavation in the event that unsuitable material is encountered and removed at the direction of the Engineer. It shall be at the Engineer's discretion to determine if the Contractor has made a sufficient effort to control the moisture in the subgrade material and made a reasonable effort to recondition the subgrade. Soil sterilization shall be applied under all new asphalt paving and shall be considered incidental to the work. Sterilization shall not be paid for separately under this item. This item (Reconditioning) will not be necessary or paid for in Subsection 306.04 is revised to include the following: The accepted quantities of Reconditioning will be paid for at the contract unit price per square yard. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 306-01 Reconditioning (8") - (SY) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Reconditioning, complete -in -place, including compaction, wetting or drying, and finish grading, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Location in personal computer file END OF SECTION Technical Specs. - 15 Project File REVISION OF SECTION 307 FLYASH SUBGRADE STABILIZATION Section 307 of the Standard Specifications is revised as follows: Date: This item shall consist of treating the subgrade, adding Class "C" fly ash, mixing and compacting of the mixed material to the required depth and density. This item applies to natural ground or embankment and shall be constructed as specified herein and in conformity with the typical sections, lines and grades as shown on the plans or as established by the Engineer. MATERIALS A. Fly Ash - The fly ash shall meet ASTM Specification 618, Section 3.2, when sampled and tested in accordance with Sections 4, 6, and 8 unless otherwise shown on the plans. Fly ash shall be Class C designation containing a minimum of 25 percent CaO. B. Water - The water used in the stabilized mixture shall be clean, clear, and free of sewage, vegetable matter, oil, acid, and alkali. Water known to be potable may be used without testing. All other sources ^ shall be tested in accordance with AASHTO T-26 and approved by the Materials Engineer. EQUIPMENT A. The machinery, tools and equipment necessary for proper prosecution of the Work shall be on the project site and approved by the Engineer.prior to the beginning of construction operations. All machinery, tools and equipment used shall be maintained in a satisfactory and workmanlike manner. B. Fly ash shall be stored and handled in closed weatherproof containers until immediately before distribution on the road. If storage bins are used, they shall be completely enclosed. C. If fly ash is furnished in trucks, each truck shall have the weight of fly ash certified on public scales or the Contractor shall place a set of standard platform truck scales or hopper scales at a location approved by the Engineer. CONSTRUCTION METHODS A. General It is the primary purpose of this specification to secure a completed course of treated material that — contains the following: 1. Uniform fly ash/soil mixture with no loose or segregated areas; 2. Uniform density and moisture content 3. Is well bound for its full depth 4. A smooth surface suitable for placing subsequent courses. It shall be the responsibility of the Contractor to regulate the sequence of his work; to process a sufficient quantity of material to achieve full depth as shown on plans; to use the proper amounts of fly ash; to maintain the work; and to rework the courses as necessary to meet the above requirements at no additional cost. Before other construction operations are initiated, the subgrade shall be graded and shaped to enable the fly ash treatment of materials in place, in conformance with the lines, grades, and thickness shown on the Location in personal computer file Technical Specs. -16 Project File Date: plans. Unsuitable soil or materials shall be removed and replaced with acceptable material. The subgrade shall be firm and able to support, without displacement, the construction equipment and the compaction hereinafter specified. Soft or yielding subgrade shall be corrected and made stable by scarifying, adding fly ash, and compacting until it is of uniform stability.If the Contractor elects to use a trimming machine that will remove the subgrade material accurately to the secondary grade, he will not be required to expose the secondary grade or windrow the material. However, the Contractor shall be required to roll the subgrade, as directed by the Engineer, before using the trimming machine and correcting any soft areas that this rolling may reveal. This method will be permitted only where a machine is provided which will ensure that the material is cut uniformly to the proper depth and which has cutters that will plane the secondary grade to a smooth surface over the entire width of the cut. The machine shall be of such design that visible indication is given at all times that the machine is cutting to the proper depth. B. Application The fly ash shall be spread by an approved spreader at the rate of 12% dry weight of soil as shown on the plans and as directed by the Engineer. A motor grader shall not be used to spread the fly ash. The fly ash shall be distributed at a uniform rate and in such manner as to reduce the scattering of fly ash by wind to a minimum. Fly ash shall not be applied when wind conditions, in the opinion of the Engineer, are such that blowing fly ash becomes objectionable to traffic or adjacent property owners. During final mixing, water shall be added to the materials as directed by the Engineer, until the proper moisture content has been secured. Water shall be added through the pulverizing machine or method acceptable to the Engineer to develop a uniform, controlled rate addition of the needed moisture. Initial mixing after the addition of fly ash will be accomplished dry or with a minimum of water to prevent fly ash balls. Final moisture content of the mix, prior to compaction, shall not exceed the optimum moisture content of the mix by more than two percent nor by less than the optimum by more than four percent. Should the natural moisture content of the soil be above the specified range, aeration of the soil may be required prior to addition of the fly ash. C. Mixing The soil and fly ash shall be thoroughly mixed by approved rotary mixers or other approved equipment, and the mixing continued until, in the opinion of the Engineer, a homogeneous, friable mixture of soil and fly ash is obtained, free from all clods or lumps. Water required to achieve the specified moisture content for the mixture should be added after initial mixing. If the soil fly ash mixture contains clods, they shall be reduced in size by raking, blading, disking, harrowing, scarifying or the use of other approved pulverization methods so that when all non -slaking aggregates retained on the No. 4 sieve are removed, the remainder of the material shall meet the following requirements when tested at the field moisture condition or dry by laboratory sieves: Minimum Passing 1: inch sieve 100 percent Minimum Passing No. 4 sieve 60 percent D. Compaction Compaction of the mixture shall begin immediately after mixing of the fly ash and be completed within one hour following addition of fly ash and water. The material shall be sprinkled as necessary to maintain the optimum moisture. Compaction of the mixture shall begin at the bottom and shall continue until the entire depth of mixture is uniformly compacted to a specified density. Location in personal computer file Technical Specs. - 17 Project File Date: All non -uniform (too wet, too dry or insufficiently treated) areas which appear shall be corrected immediately by scarifying the areas affected, adding or removing material as required and reshaping the recompacting by sprinkling and rolling. The surface of the course shall be maintained in a smooth condition, free from undulations and ruts, until other work is placed thereon or the work is accepted. The stabilized section shall be compacted to the extent necessary to provide the density specified below: Description For fly ash treated subgrade, existing sub -base or existing base that will receive subsequent sub -base or base courses Not less than 95 percent maximum dry density (ASTM D-698) For fly ash treated sub -base or base that will I Not less than 95 percent maximum dry density receive surface course (ASTM D-698) In addition to the requirements specified for density, the full depth of the material shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. After each section is completed, the Engineer will make tests as necessary. If the material fails to meet the density requirements, the Engineer may require it to be reworked as necessary to meet those requirements or require the Contractor to change his construction methods to obtain required density on the next section. Throughout this entire operation, the shape of the course shall be maintained with a blade, and the surface, upon completion, shall be smooth and in conformity with the typical section shown on the plans and to the established lines and grades. Grading should be terminated within two hours after blending of the fly ash. Should the material, due to any reason or cause, lose the required stability, density and finish before the next course is placed or the work is accepted, it shall be reprocessed, re - compacted and refinished at the sole expense of the Contractor. Reprocessing shall follow the same pattern as the initial stabilization, including the addition of fly ash. E. Finishing, Curing and Preparation for Surfacing After the final course of the treated sub -grade, sub -base or base has been compacted, it shall be brought to the required lines and grades in accordance with the typical sections. The resulting base surface shall be thoroughly rolled with a pneumatic tire roller and "clipped", "skinned" or "tight bladed" by a power grader to a depth of approximately 3 inch, removing all loosened stabilized material from the section. Re -compaction of the loose material should not be attempted. The surface shall then be thoroughly compacted with the pneumatic roller, adding small increments of moisture as needed during rolling. If plus No. 4 aggregate is present in the mixture; one complete coverage of the section with the fat wheel roller shall be made immediately after the "clipping" operation. When directed by the Engineer, surface finishing methods may be varied from this procedure provided a dense, uniform surface, free of surface compaction plans, is produced. The moisture content of the surface material must be maintained within the specified range during all finishing operations. Surface compaction and finishing shall proceed in such a manner as to produce, in not more than two hours, a smooth, closely knit surface, free of cracks, ridges or loose material conforming to the crown, grade and lines shown on the plans. 2. After the fly ash treated subgrade has been finished as specified herein, the surface shall be protected against rapid drying by either of the following curing methods for a period of not less than three days or until the surface or subsequent courses are placed: (a) Maintain a thorough and continuously moist condition by sprinkling. (b) Apply a two-inch layer of earth on the completed course and maintain in a moist condition. Location in personal computer file Technical Specs. - 18 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub - bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform 12/03 Section 00100 Page 1 Project File Date: (c) Apply an asphalt membrane to the treated course, immediately after same is completed. The quantity and type of asphalt approved for use by the Engineer shall be sufficient to completely cover and seal the total surface of the base between crown lines and all voids. If the Contractor elects to use this method, it shall be the responsibility of the Contractor to protect the asphalt membrane from being picked up by traffic by either sanding or dusting the surface of same. The asphalt membrane may remain in place when the proposed surface or other base courses are placed. Asphaltic emulsions are not acceptable for the asphaltic membrane. METHOD OF MEASUREMENT Fly Ash Subgrade Stabilization will be measured by the square yard to the limits as constructed in the field and be paid for at the contract unit price per square yard. NOTE: The square yards of Fly Ash Subgrade Stabilization is an estimate only based on I the soils report and general knowledge of the soil conditions in this area. The subgrade areas to be stabilized with fly ash will be determined by the Engineer based upon results after proof rolling and effects resulting from inclement weather conditions. Subgrade areas not requiring fly ash stabilization will be Reconditioned (Revision of Section 306), measured by the square yard as constructed in the field and paid for at the Reconditioning contract unit price per square yard. BASIS OF PAYMENT Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 307-01 Fly ash stabilization - 12% - (SY) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Fly ash stabilization, complete -in -place, including compaction, and wetting or drying as shown on the plans, as specified in these specifications, and as directed by the Engineer. Location in personal computer file END OF SECTION Technical Specs. - 19 Project File Date: -" REVISION OF SECTION 401 & 703 PLANT MIX PAVEMENTS — GENERAL & AGGREGATES Section 401 and 703 of the Standard Specifications is hereby revised as follows: Subsection 401.02 is hereby revised to include the following: Requests made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. A job mix formula shall be determined by the Contractor and submitted to the Engineer for approval a minimum of one week prior to the beginning of construction for each proposed change. The Contractor shall provide the Engineer with an asphalt mix design report from an independent testing laboratory acceptable to the Engineer. The report shall state the Mix properties, optimum oil content, job mix formula and recommended mixing and placing temperatures. The costs for all job mix formulas shall be the responsibility of the Contractor. If the Contractor uses more than three (3) job mix formulas for a type of plant mix pavement used, the City may charge the Contractor for testing and evaluation of the mix designs, including the costs for calibration of a Nuclear Asphalt Oven. For Superpave Mixes, delete Table 401-2 and replace with the following: TABLE 401-2 Grading Test Procedure Minimum Test Sampling Frequency Result All GradingsJCP L-5109 Method B 80 One per 10, 000 metric tons (10,000 tons) or fraction thereof minimum In subsection 401.02, delete the second, third, and fourth paragraphs and replace with the following: 1. A proposed plant mix pavement mix design prepared in accordance with Colorado Procedure 52(CP52-99), including a proposed job -mix gradation for each mixture required by the Contract which shall be wholly within the Master Range Table, Tables 703-3A, B, and C, before the tolerances shown in Table 401-1 are applied. The weight of lime shall be included in the total weight of the material passing the 75 mm (No. 200) sieve. The restricted zone boundaries shown for all gradings in Tables 703-3A, 703-3B, and 703-3C are to be used as guidelines in mix design development. However, the job -mix gradation is not required to pass above or below the restricted zone boundaries. _ 2. The name of the refinery supplying the asphalt cement and the source of the anti -stripping additive. 3. A sufficient quantity of each aggregate for the Department to perform the tests specified in section 2.2.1 of CP52. In subsection 401.02 delete Table 401-1, including the footnotes, and replace with the following: 01-'Bitumen Content Recycling Agent ±0.2% ture of Mixture When Discharged from Mixer ±10°C minous Pavement - Item 403 Effituminous he 9.5 mm (1/82) and larger sieves ±6% he the 4.75 mm (No. 4) and 2.36 mm (No. 8) sieves ±5% he 600 mm (#30) sieve ±4% he 75 mm #200 sieve ±2% Location in personal computer file Technical Specs. - 20 Project File Date: 'When 100% passing is designated, there shall be no tolerance. When 90-100% passing is designated, 90% shall be the minimum; no tolerance shall be used. Delete Subsection 401.07 and replace with the following: Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401-3 and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. Table 401-3 Placement Temperature Limitations in �i- Compacted Layer Minimum Surface and Air Thickness in Temperature °C (°F) mm (inches) Top Layers Below Layer Top Layer <38 (11/2) 15 (60) 10 (50) 38 (1'/2) - <75 (3) 10 (50) 5 (40) 75 3 or more 7 45 2 35 Note: Air temperature is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. If the temperature falls below the minimum air or surface temperatures, paving shall stop. The Contractor shall schedule the work so that no planed or recycled surface is left without resurfacing for more than 10 calendar days during the period specified in Table 401-3A, below. The Contractor shall immediately place a temporary hot bituminous pavement layer on any surface that has been planed or recycled and can not be resurfaced in accordance with the above temperature requirements within 10 calendar days after being planed or recycled. The minimum thickness of the temporary hot bituminous pavement layer shall be 50 mm (2 inches). The Contractor shall perform the quality control required to assure adequate quality of the hot bituminous pavement used in the temporary layer. All applicable pavement markings shall be applied to the temporary layer surface. The Contractor shall maintain the temporary layer for the entire period that it is open to traffic. Distress which affects the ride, safety, or serviceability of the temporary layer shall be immediately corrected to the satisfaction of the Engineer. The temporary hot bituminous pavement layer shall be removed when work resumes. Table No. 401-3A D ---- Ac Dunviv... • • .A.V of TPPntPd COrfnrPR Location by Elevation Period During Which Planed or Recycled Surfaces Must be Overlaid within Ten Days All areas below and including 2100 in October 1 to March 1 (7000 feet) All areas above 2100 in (7000 feet) up to September 5 to April 1 and including 2600 in 8500 feet All areas above 2600 in (8500 feet) August 20 to May 15 Location in personal computer file Technical Specs. - 21 Project File Date: In Subsection 401.15, delete the third and fourth paragraphs (including table) and replace with the following: The minimum temperature of the mixture when discharged from the mixer and when delivered for use shall be as shown in the following table: Asphalt Grade Minimum Mix Discharge Temperature, °C °F * Minimum Delivered Mix Temperature, °C °F ** PG 58-28 135 (275) 113 (235) PG 58-22 138 (280) 113 (235) PG 64-22 143 (290) 113 (235) AC-20 Rubberized 160 (320) 138 (280) PG 76-28 160 (320) 138 (280) PG 70-28 149 (300) 138 (280) PG 64-28 149 (300) 138 (280) PG 58-34 149 (300) 138 (280) * The maximum mix discharge temperature shall not exceed the minimum discharge temperature by more than ITC (30 (°F) . * * Delivered mix temperature shall be measured behind the paver screed. Hot -mix asphalt mixture shall be produced at the lowest temperature within the specified temperature range that produces a workable mix and provides for uniform coating of aggregates (95% minimum in accordance with AASHTO T 195), and that allows the required compaction to be achieved. ^ Subsection 401.16 is hereby revised to include the following: The mixture shall be laid upon an approved surface, spread and struck off to provide for drainage to the side(s) of the roadway with a minimum cross slope of two percent (2%) or as directed by the Engineer. In subsection 401.17, first paragraph, delete the last two (2) sentence and replace with the following - When the mixture contains unmodified asphalt cement (PG 58-28, PG 58-22, or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 850C (185 4F), no further compaction effort will be permitted unless approved. If the mixture contains modified asphalt cement (AC-20R, PG 76-28, PG 70-28, or PG 64-28) and the surface temperature falls below 110°C (230 °F), no further compaction effort will be permitted unless approved. Location in personal computer file Technical Specs. - 22 Project File Date: Subsection 401.17 is hereby revised to include the following: All pneumatic tire rubbers shall be equipped with rubber skirts. In subsection 703.04 delete Table 703-3 and replace with Tables 703-3A, B, and C as follows: TABLE 703-3A Master Range Table for Hot Bituminous Pavement (Grading S) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 mm (11/2") 25.0 mm (1") 100 19.0MM('/4") 90-100 12.5 mm (1/2") 9.5 mm (3/8^) 4.75 mm (#4) 2.36 mm (#8) 23 - 49 34.6 34.6 1.18 mm (#16) 22.3 28.3 600 mm (#30) 16.7 20.7 300 mm (#50) 13.7 13.7 150 mm (#100) 75 mm (#200) 2-8 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. Location in personal computer file Technical Specs. - 23 Project File Date: TABLE 703-3B Master Range Table for Hot Bituminous Pavement (Grading SX) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 mm (11/2") 25.0 mm (1") 19.0 mm (3/4") 100 12.5 mm (1/2") 90 - 100 9.5 mm (3/8-) 4.75 mm (#4) 2.36 mm (#8) 28 — 58 39A 39.1 1.18 mm (#16) 25.6 31.6 600 mm (#30) 19.1 23.1 300 mm (#50) 15.5 15.5 150 mm (#100) 75 mm (#200) 2 - 10 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. Location in personal computer file Technical Specs. - 24 Project File Date: TABLE 703-3C Master Range Table for Hot Bituminous Pavement (Grading SG) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 mm (11/2") 100 25.0 mm (1") 90 - 100 19.0 mm ('/d') 12.5 mm (1/2") 9.5 mm (3/8") 4.75 mm (#4) 39.5 39.5 2.36 mm (#8) 19 — 45 26.8 30.8 1.18 mm (#16) 18.1 24.1 600 mm (#30) 13.6 17.6 300 mm (#50) 11.4 11.4 150 mm (#100) 75 mm (#200) 1-7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. Location in personal computer file END SECTION Technical Specs. - 25 Project File REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications is hereby revised as follows: Subsection 403.01 is revised to include the following: Date: Asphalt Patching — HBP Grading S & SG shall be used in locations as directed by the Engineer. These quantities will be restricted to small areas which require hand placement methods and conventional paving equipment cannot be utilized. Hot Bituminous Pavement — This shall consist of constructing one or more courses of HBP Grading S & SG over existing pavement or subgrade surfaces previously prepared by the contractor. Subsection 403.02 is revised to include the following: Laboratory Mix Design — Grading S & SG - The mix designs shall be prepared by an independent laboratory acceptable to the Engineer and shall be submitted by the Contractor to the Engineer for approval a minimum on one (1) month prior to the beginning of paving for this project. The criteria for the mix design is as follows: HBP Grading S & SG ESAL's = Drake Rd: 1,460,000 Binder: Grading S-PG 64-28/Grading SG -PG 64-22 Designed by the most receint set of SUPERPAVE Specifications available. SEE TABLE 403-1 NEXT PAGE FOR DESIGN CRETERIA A request made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HBP. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. Reclaimed materials will not be allowed in Hot Bituminous Pavement. A maximum of 20% reclaimed material will be allowed for HBP Grading SG. The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. PAVEMENT SECTION: Drake Road Ziegler Road Environmental Drive Grading S 2.5" 2.5" 2.5" Grading SG 4" 4" 4" Aggregate Base Coarse 6" 6" 6" The design mix for Grading S, SX, and SG shall conform to the following: Location in personal computer file Technical Specs. - 26 Project File TABLE 403-1 Date: Property Test Grading S Grading SG Grading SX Method N/A this Project Air Voids, percent at: CPL 5115 N (initial) > 11.0 > 11.0 > 11.0 •(design) 3.0-5.0 3.0-5.0 3.0-5.0 N maximum > 2.0 > 2.0 > 2.0 Lab Compaction (Revolutions): CPL 5115 N (initial) (a) 8 8 (a) N (design) (b) 100 100 (b) N maximum a 174 174 a Stability, minimum (a) CPL 5106 42 42 (a) for information Aggregate Retained.on the 4.75 CP 45 60 60 60 mm (No. 4) Sieve with at least two Mechanically Induced Fractured Faces, % minimum Accelerated Moisture CPL 5109 80 80 80 Susceptibility Tensile Strength Method B Ratio Lottman , minimum Minimum Dry Split Tensile CPL 5109 205 (30) 205 (30) 205 (30) Strength, kPa(psi) Method B Grade of Asphalt Cement PG 64-28 PG 64-22 PG 64-22 Top Layer Grade of Asphalt Cement Layers PG 64-28 PG 64-22 PG 64-22 Below To Voids in the Mineral Aggregate CP 48 14.0 12.0 (a) a VMA % minimum a Voids Filled with Asphalt (VFA) Al MS-2 65 - 75 65 - 75 (a) %_..(a) .._ �.. __..- _, ,,...,. .W �. .. .. . .... . .. .. . .. . .... .... (a) Current CDOT Design Criteria (b) Residential 50, Collector 75, Arterial 100 Note: AIMS-2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer. Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Subsection 403.03 is revised to include the following: Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than 225degree F. Emulsified Asphalt for tack coat shall be Grade CSS-lh. The tack coat shall consist of a 1:1 dilution (one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be approximately 0.1 gallons per square yard. Location in personal computer file Technical Specs. - 27 Project Pile Date: The existing pavement shall be broomed and cleaned to be free of dirt, water, vegetation and other deleterious matter immediately prior to commencing the paving operation. Edges of the area to be patched shall be sawcut vertically, and perpendicular or parallel to the roadway, as directed by the Engineer. Tack coat shall be placed against clean, vertical edges on all sides of the area to be patched. -- Hot Bituminous Pavement Grading S and SX shall be placed in equal lifts not exceeding three (3) inches. The minimum lift thickness for Grading SX shall be one (1) inch and Grading S shall be (1 '/2) inch. HBP Grading SG shall be placed in equal lifts not exceeding four (4) inches and the minimum lift thickness shall be three (3) inches. Overlaying layers of Hot Bituminous Pavement shall not be placed until the lower layer has cooled sufficiently to provide a stable material which will support the equipment without rutting, shoving or moving in any manner. Tack coat shall be placed between all lifts. NOTE: Any leveling courses placed shall be paid for at the contract unit price for Hot Bituminous Pavement. Subsection 403.04 shall include the following: Hot Bituminous Pavement Grading SG and S will be measured by the ton and paid for at the Contract Unit Price _ for Asphalt Patching and Hot Bituminous Pavement. Pavement cutting, excavation, subgrade preparation, haul and disposal, bituminous materials, aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item will not be paid for separately but _ shall be included in the unit price bid. Load slips shall be consecutively numbered for each day and shall include batch time. Subsection 403.05 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 403-01 Hot Bituminous Pavement — Grading S (3" Depth) (PG 64-28) — (TON) -- 403-02 Hot Bituminous Pavement — Grading SG (3" Depth) (PG 64-22) — (TON) 403-03 HBP Paver Patch — Grading S (3" Depth) (PG 64-28) — (TON) 403-04 HBP Paver Patch — Grading SG (3" Depth) (PG 64-22) — (TON) 403-05 HBP Hand Patch — Grading S (3" Depth) (PG 64-28) — (TON) 403-06 HBP Hand Patch — Grading SG (3" Depth) (PG 64-22) — (TON) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Hot Bituminous Pavement and Asphalt Patching, including pavement cutting, excavation, subgrade preparation, haul and disposal, compaction, rolling, surface preparation, and bituminous materials, complete in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Location in personal computer file Technical Specs. - 28 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 Project File REVISION OF SECTION 506 RIPRAP Section 506 of the Standard Specifications is hereby revised as follows: Subsection 506.01 is revised to include the following: Date: This work consists of the construction of riprap sections with riprap, Type II bedding and covered with topsoil in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. Subsection 506.02 is revised to include the following: Color of buried riprap shall be approved by the Engineer. Exposed riprap shall be gray to blue gray in color or as approved by the Engineer. Rock used for riprap shall be hard, durable, angular in shape and free from cracks, over -burden, shale and organic matter. Thin, slab type stones, rounded stones and flaking rock shall not be used. Removed concrete shall not be used for riprap without specific written approval by the Engineer. Service records of the proposed material will be considered by the Engineer in determining the acceptability of the rock. Neither breadth nor thickness of a single stone shall be less than one-third (1/3) its length. Bedding material shall conform to the specification for Type II Filter material as per the City of Fort Collins Storm Drainage Design Criteria and Construction Standards (Table 12-3) or CDOT Class A filter material (Section 703.09). Subsection 506.03 is revised to include the following: Wherever possible, the excavation for the riprap sections shall be undisturbed material, or where this is not possible, the underlying materials shall be compacted to 95% of maximum density as determined by ASTM D 698. The bottom of the excavation shall have a uniform slope, be reasonably smooth, free from mounds and windows and free of debris prior to placing the filter material. Bedding material shall be placed on top of the subgrade material prior to riprap installation at all locations of riprap sections shown on the plans. The layer shall be shaped to provide the minimum thickness of bedding material as shown on the details of the plans. Riprap material shall be placed immediately after the bedding material is placed and in a manner to provide a well -graded mass of stone with minimum voids. Riprap may be machine -placed with sufficient handwork to minimize disturbance of the bedding material layer. This material shall be placed to the required thickness and grade shown on the details of the plans. Topsoil material shall be used to backfill and bury the entire riprap bed area and compacted to insure thorough settling of the topsoil within the rock voids. The top three inches (Y) of the topsoil shall be loosely placed. This material shall be placed to the required thickness as shown on the details of the plans. The contractor shall utilize, when appropriate, existing topsoil on site. Subsection 506.04 is revised to include the following: Riprap sections specified in the plans will be paid for at the contract unit price per EACH. The unit price bid shall include all costs associated with installation of the bedding material, riprap and topsoil including excavating for the placement of these materials, all materials, delivery, stockpiling and handling of the riprap. Location in personal computer file Technical Specs. - 29 Project File Date: Subsection 506.05 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 506-01 14' x 34' x 2' Type M Rip -Rap — (CIP per detail) — (LS) The above prices and payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in excavating, placing riprap, bedding and topsoil, complete -in -place, including haul and stockpile of materials, handling of the riprap and finish grading of the surface as shown on the plans, as specified in these specifications, and as directed by the Engineer. _ Location in personal computer file END OF SECTION Technical Specs. - 30 Project File REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised as follows: Subsection 601.01 is revised to include the following: Date: This work shall consist of the construction of a cast -in -place box culvert, wing walls, parapet walls, railings and necessary conduits in accordance with the plans, specifications, and the Larimer County Urban Area Street Standards (Refer to detail drawing 11-01F). It shall be the Contractor's responsibility to purchase and familiarize themselves with these specifications. The Contractor is responsible for providing all materials and equipment necessary to meet the requirements of the Colorado Department of Transportation Standards and Larimer County Urban Area Street Standards. Mix Design: Compressive Strength: 4000 psi at 28 days Minimum number of cylinders passing above requirement shall be 90%. Minimum strength of cylinder acceptable, 3800 psi. Cement Content: 6 bags per cubic yard minimum Maximum Permissible Water — Cement Ratio For 4000 psi strength, non air -entrained, absolute ratio by weight 0.49. For 4000 psi strength, air -entrained, absolute ratio by weight 0.45. Slump: Four inch maximum. Air Content: 6% +l- 1 V2% for concrete with exposed surfaces or subject to freezing and thawing; not required for other concrete. All Shop Drawings must be approved by the Design Engineer (Gary Weeks with Weeks and Associates). The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 601-01 8' x 4' Cast in place RCBC — (EA) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all Work involved in a cast in place box culvert, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Location in personal computer file END OF SECTION Technical Specs. - 31 Project File Date: REVISION OF SECTION 603 CULVERTS AND SEWERS Section 603 of the Standard Specifications is hereby revised as follows: Subsection 603.01 is revised to include the following: This work shall consist of the construction and reconstruction of reinforced concrete pipe, pipe encasement, — pipe connections, and joint encasement in accordance with the plans, specifications, and the City of Fort Collins Storm Drainage Design Criteria and Construction Standards. It shall be the Contractor's responsibility to purchase and familiarize themselves with these specifications. The Contractor shall include — in the Work all the necessary items to complete the Work including but not limited to excavation, bedding, backfill, and compaction. The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 603-01 18" Class III RCP — (LF) 603-02 24" Class III RCP — (LF) 603-03 30" Class III RCP — (LF) 603-04 8" PVC Pipe (SDR-35) — (EA) 603-05 4" PVC Schedule 200 Irrigation Pipe — (LF) 603-06 Concrete Encasement— (LF) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, — equipment, and incidentals and for doing all Work involved in installing pipe and encasing joints, complete in - place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Concrete and/or Asphalt patching will be paid for separately under the appropriate item. Location in personal computer file END OF SECTION — Technical Specs. - 32 Project File REVISION OF SECTION 604 MANHOLES, INLETS, AND METER VAULTS Section 604 of the Standard Specifications is hereby revised as follows: Subsection 604.01 is revised to include the following: Date: This work shall consist of the construction of manholes, CDOT Type `R' inlets, area inlets, and providing and maintaining erosion control, in accordance with the plans, specifications, and the City of Fort Collins Storm Drainage Design Criteria and Construction Standards. It shall be the Contractor's responsibility to purchase and familiarize themselves with these specifications. The Contractor shall include the cost of excavation, backfill, compaction, and installation and maintenance of erosion control into each item listed in this section. The Contractor shall clean all sediment caught in the storm sewer system due to this project. The frequency of the cleaning shall be at the direction of the Engineer. The Contractor will not be allowed to flush the pipes with water. All Erosion Control Devices, Materials, and Techniques required to prevent damage to the storm water facilities as outlined in the City of Fort Collins Standards will be considered incidental to the work, and shall be included in the price. No measurement for payment shall be made for maintenance of Erosion Control devices. Concrete Curb Inlet — This work consist of the forming and pouring of curb face inlets to allow water to flow from behind the curb into the gutter pan. This work shall follow the detail included in the plan set for the curb inlets. This work shall include all materials, labor and equipment necessary to complete this work. The items shall be paid for under Concrete Curb Inlet — (EA). Concrete Box Tie in to North Trib at Rigden Parkway — This work consist of the excavation, forming, pouring and back filling of the structure necessary to connect the storm systems at Rigden Parkway to the North Trib Storm Sewer line. All materials, equipment and labor necessary to complete this work shall be considered incidental to the work and not be paid for separately. This item shall be paid for under Concrete Box Tie in to North Trib at Rigden Parkway — (EA). 1' Area Inlet — This work shall consist of the excavation, forming, pouring and back filling of the structure. This inlet shall have a pedestrian rated grate to accommodate the entrance it is located at. It will be the contractors responsibility, with the aid of Street Oversizing staff, to coordinate this work with Cargill as to minimize the impact of this work on Cargill's work. All materials, equipment and labor necessary to complete this work shall be considered incidental to the work and not be paid for separately. The line item under which this work shall be paid is 1' Area Inlet — (EA). Bee Hive Grate and Frame with "Silt Sack'— This work shall include the furnishing and installation of a Bee Hive inlet for the cargill property. This item shall include all the labor, materials and equipment necessary to complete this work, and will not be paid for under any other items listed in these specifications. This item shall be paid for under the line Bee Hive Grate and Frame with "Silt Sack" — (EA) Subsection 604.02 is revised to include the following: Proportioning shall conform to the requirements for Class B concrete as described in Section 601. Subsection 604.08 is revised to include the following: The accepted quantities will be paid for at the contract unit price. Payment will be made under: Location in personal computer file Technical Specs. - 33 Project File Date: — Pay Item and Pav Unit The pay unit is denoted by (). 604-01 5' Type R-Inlet — (EA) 604-02 10' Type R-Inlet — (EA) ^ 604-03 Concrete Curb Inlet — (EA) 604-04 6' Diameter Manhole — (EA) 604-05 Combination Type 16 inlet — (EA) 604-06 Triple Combination Type 16 Inlet — (EA) r 604-07 Concrete Box Tie in to North Trib at Rigden Parkway — (EA) 604-08 1' Area Inlet — (EA) 604-09 Bee Hive Grate and Frame with "Silt Sack" — (EA) 604-10 4' Area Inlet — (EA) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, ^ equipment, and incidentals and for doing all work involved in constructing inlets, constructing manholes, and installing and maintaining erosion control, complete -in -place, as specified in these specifications, and as directed by the Engineer. Location in personal computer file END OF SECTION Technical Specs. - 34 Project File REVISION OF SECTION 608 SIDEWALKS AND DECORATIVE CROSSWALKS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 is revised to include the following: Date: This work shall consist of the construction of concrete sidewalks, pedestrian access ramps, driveways, crosspans, and drive approaches, in accordance with the plans and specifications. Required saw cutting will be incidental to the work and will not be measured or paid for separately. The use of aggregate base material for fine grading or over excavated areas will not be paid for separately. Subsection 608.02 is revised to include the following: Proportioning shall conform to the requirements for Class 'B" concrete as described in Section 601 with the exception the minimum 28 day compressive strength shall be 3500 psi. The Contractor shall also submit a mix design for High Early Concrete. This mix shall have a minimum 24- hour compressive strength of 3000 psi and a minimum 28-day compressive strength of 3500 psi. It shall include supplying, placing, curing and texturing the high early concrete. The price shall apply to all Sections including Section 412, 608 and 610. Payment for extra cost of using high early concrete will be paid for by the cubic yard for the incremental increase in costs and will be paid only when the Engineer requires use of high early. Non -Shrink backfill — also called Flowable Fill or Unshrinkable Fill — shall be a Portland Cement Concrete Mix. The cement shall conform to the Standard Specifications for Portland Cement, ASTM C 150-85, Type I/II. The minimum 24-hour strength shall be 10-psi and the maximum 28 day strength, 60 psi. The maximum aggregate size shall be one inch (I" ). The minimum slump shall be six inches (6") and the maximum, eight inches (8"). The non - shrink backfill shall be consolidated with a mechanical vibrator. Payment of using flowfill will be paid for by the cubic yard and only when used as required by the Engineer. Subsection 608.04 is revised to include the following: Pedestrian Refuge Islands - will consist of hand forming and monolithically placing concrete for the crosswalk area and outflow curb and gutter including the curb head for the island nose and median. The monolithic refuge island shall be constructed after the straight sections of median outflow curb and gutter are placed on each side of the median. The crosswalk area shall be 6" thick. All labor, materials, equipment and incidentals required to construct this item including the crosswalk, gutter portion and curb heads, complete -in -place, shall be included in the unit price. This item will be measured in the field, and will be paid for by the square foot (SF). The median hardscape/splash block and the refuge island nose hardscaping will be exposed aggregate concrete and will be paid for at the contract unit price for Exposed Aggregate median Hardscaping. Stamped Median Splash Block — will consist of installation of new splash block with a stamp pattern matching the existing stamped pattern used on Rigden Parkway. This work shall only be used on Rigden Parkway. All labor, materials, equipment and incidentals required to construct this item shall be included in the unit price. This item will be measured in the field, and will be paid for by the square foot (SF). Subsection 608.05 is revised to include the following: The Sidewalk (6"), Access Ramps wfrruncated Dome Warning Panels (8"), Concrete Drive Approaches (6") and Concrete Crosspan/Apron (9 1/2") items will be measured by the square foot of finished flatwork. Ramp area shall be measured from the back of the curb to the back of the walk from point of curb return to point of curb return. Access Ramps w/Truncated Dome Warning Panels detail is attached to these specifications for clarification as a new city standard. Location in personal computer file Technical Specs. - 35 Project File Date: Subsection 608.06 is revised to include the following: The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 608-01 Concrete Sidewalk (6") — (SF) _ 608-02 Concrete Access Ramps (8") (w/ Truncated Dome Warning Panels) — (SF) 608-03 Concrete Crosspan and Apron (9 1/2") — (SF) 608-04 Hi -Early Concrete (24hr) — (CY) 608-05 Flowable Fill Concrete — (CY) 608-06 Exposed Aggregate Median Hardscaping (4") — (SF) 608-07 Pedestrian Refuge Island — (SF) 608-08 Concrete Drive Approaches (6")— (SF) 608-09 Concrete Drainage Channel — (LF) 608-10 Stamped Median Splash Block — (SF) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in constructing concrete sidewalks, miscellaneous flatwork, access ramps, drive approaches, and driveways, complete -in -place, including haul, concrete materials, finishing the surface, saw cutting joints, curing, placing dowels, and sealing joints as shown on the _ plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Location in personal computer file Technical Specs. - 36 Project File REVISION OF SECTION 609 CURB AND GUTTER Section 609 of the Standard Specifications is hereby revised as follows: Subsection 609.01 is revised to include the following: Date: This work shall consist of the construction of cast in place vertical 6" curb and gutter, 6" outfall curb and gutter (1-ft pan), and 6 epoxied concrete median curb in accordance with the details and these specifications. The unit price bid per linear foot of curb and gutter, no sidewalk, includes construction of curb and gutter sections, complete and in place, measured along the flow line. Removal of curb and gutter is not included in this section, but will be measured and paid separately as described in Section 202. It is the Contractors responsibility to adequately protect their Work from damage by weather, vandalism, or other causes until such time as it is accepted by the City. If traffic control devices are used to protect the work, they shall not be paid for separately, but shall be included in the work. Subsection 609:02 is revised to include the following: Proportioning shall conform to the requirements for Class "B" concrete as described in Section 601 with the exception the minimum 28 day compressive strength shall be 3500 psi. Subsection 609.07 is revised to include the following: The accepted quantity of curb and gutter will be paid for at the contract unit price per linear foot. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 609-01 Vertical Curb & Gutter (30") - (LF) 609-02 Outfall Curb & Gutter (18") - (LF) 609-03 Driveway Curb Cut (20' Width) - (EA) 609-04 Driveway Curb Cut (30' Width) — (EA) 609-05 Sidewalk Access Ramp Curb Cuts (6' Width) — (EA) 609-06 R&R Curb and Gutter — (LF) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in constructing vertical curb and gutter, variable height curb and gutter, concrete median curb, complete -in -place, including haul, concrete materials, finishing the surface, saw cutting joints, curing, placing dowels, and sealing joints as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Location in personal computer file Technical Specs. - 37 Project File REVISION OF SECTION 619 WATER LINES Section 619 of the Standard Specifications is hereby revised as follows: Subsection 619.01 is revised to include the following: Date: This work shall include installing ductile iron pipe (DIP), gate valves, tees, bends, tapping saddles, plugs, reaction blocks and joining to existing lines and other items as shown on the plans and as designated by the Engineer. This work shall meet the requirements of the current City of Fort Collins Water Utilities Standard Construction Specifications. It shall be the Contractors responsibility to purchase and familiarize themselves with these _ specifications. All work associated with installing the water lines that is NOT itemized in the bid tab shall be considered. incidental to the work and will not be paid for separately. This includes, but is not limited to excavating and backfilling, valve boxes, plugs, thrust blocks, bedding materials, poly -wrap, chlorinating, pressure testing and all materials incidental to completing the installation and connections to existing water lines. Subsection 619.05 is revised as follows: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 619-01 8" DIP Class 52 w/ Poly -Wrap — (LF) 619-02 8" Tapping Valve — (EA) -- 619-03 24"x8" Tee — (EA) 619-04 8"x2" Blow Off — (EA) The above prices and payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing ductile iron water pipe and valves, connecting to existing water lines according to City of Fort Collins Water Utility Standards and FortCollins- Loveland Water District Standards, complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Location in personal computer file END OF SECTION Technical Specs. - 38 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and -telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 12/03 Section 00100 Page 5 Date: Project File REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows Subsection 630.01 shall be revised as follows: This work shall consist of furnishing, installing, moving, maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channeling devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways' (MUTCD), the City of Fort Collins' "Work Area Traffic Control Handbook", June 1989 with Revisions dated May 29, 1991, and the City of Fort Collins' "Design Criteria and Standards for Streets, Subsection 1.4, "Barricades, Warning Signs, Signal Lights", July, 1986. This work includes use of the above devices to channelize or direct traffic away from the work zone, but does not include work zone protection. It is the Contractor's responsibility to protect his work zone and to protect Pedestrians and Bicyclists from potential hazards arising from his work until such time as the work has been completed and can be opened to traffic. Traffic Control Devices shall be measured and paid for under this section based upon a lump sum pay item. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Proper placement and storage of traffic control devices will be subject to the Engineer's discretion. Traffic control devices shall be removed from the site immediately upon completion of the Work, but not before the concrete has cured sufficiently to allow vehicular traffic to use it. Subsection 630.02 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 630.05, the second paragraph shall include the following: The reflective material shall be AP1000 Polyester (Reflexite Corporation), 3M Type III or Transparent (Reflexite Corporation). Vinyl material is not acceptable unless its brightness is equivalent to or greater than the types named as approved by the Engineer. Subsection 630.08 shall be revised as follows: [Traffic control on this project is the responsibility of the Contractor-1 Location in personal computer file Technical Specs. - 39 JobTitle Date: For this project, a Traffic Control Plan shall be prepared. The Traffic Control Plan shall be submitted for approval to the Traffic Division by 12:00 noon, two working days prior to the commencement of work. (Note: - Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 9:00 a.m.). Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for _ the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved), fines doubled for speeding signs and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channeling devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. Approval of the proposed method of handling traffic is intended to indicate minimum devices needed to control traffic. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Parking Restrictions shall be clearly shown on the Traffic Control Plan, including the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. Failure to have an approved Traffic Control Plan, including the Parking Restriction information listed above shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. Subsection 630.09 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall _ possess a valid Driver's License, a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS utilized on this project.) "- Payment for the TCS shall be included in the lump sum pay item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors, City Streets Department, and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, _ school districts and other affected agencies and parties prior to construction. (5) Maintaining a project traffic control diary which shall become part of the City's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. Location in Personal Computer Files Technical Specs - 40 JohTitle Date: (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications, which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up and maintaining traffic control devices. (11) Attending weekly progress meetings as requested by the Engineer and/or Contractor. Traffic control management shall be maintained on a 24-hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 630.13 shall be revised as follows: The Contractor shall supply and pay all costs associated with the traffic control for this project. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 630-01 Message Board — (DAY) 630-02 Fagging — (HR) 630-03 Type III Barricades — (EA) 630-04 Traffic Control - (LS) The cost of batteries, electricity and/or fuel for all lighting or warning devices shall not be paid for separately but shall be considered subsidiary to the item and shall be included in the Work. Sandbags will not be measured and paid for separately, but shall be included in the Work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, no additional payment will be made for the larger signs. The City shall not be responsible for any losses or damage due to theft or vandalism. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: Full closures on all residential streets shall be allowed as shown on the traffic control plans only if approved by the City Traffic Division. Location in Personal Computer Files END OF SECTION Technical Specs - 41 I N C O t V O R G T L 0 SUBGRADE INVESTIGATION AND PAVEMENT DESIGN DRAKE ROAD REALIGNMENT PROJECT PHASE DRAKE ROAD BETWEEN TIMBERLINE ROAD AND RIGDEN PARKWAY FORT COLLINS, COLORADO Prepared for: CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT 281 North College Avenue P O Box 580 Fort Collins, Colorado 80521 Attention: Mr. Mark Laken Project No. FC03230 October 5, 2004 375 E. Horsetooth Road I The Shores Office Park I Building 3, Suite 100 1 Ft. Collins, Colorado 80525 Telephone:970-206-9455 Fax:970-206-9441 Ir TABLE OF CONTENTS SCOPE...........................................................................................................................1 PROPOSED CONSTRUCTION AND SITE CONDITIONS..............................................1 INVESTIGATION............................................................................................................1 SUBGRADE PREPARATION.........................................................................................3 SOLUBLESULFATES...................................................................................................4 PAVEMENTDESIGN.....................................................................................................4 PAVEMENT MATERIALS..............................................................................................5 Asphaltic Concrete (AC)...................................................................................6 Aggregate Base Course (ABC).........................................................................7 PreparedSubgrade...........................................................................................7 CONSTRUCTION DETAILS...........................................................................................8 MAINTENANCE.............................................................................................................8 LIMITATIONS................................................................................................................. 9 FIGURE 1 — LOCATIONS OF EXPLORATORY BORINGS FIGURE 2 — SUMMARY LOGS OF EXPLORATORY BORINGS FIGURES 3 AND 4 — SWELL CONSOLIDATION TEST RESULTS FIGURE 5 — HVEEM STABILOMETER TEST RESULTS FIGURE 6 — COMPACTION TEST RESULTS FIGURE 7 — GRADATION TEST RESULTS TABLE I — SUMMARY OF LABORATORY TEST RESULTS APPENDIX A — DESIGN CALCULATIONS APPENDIX B — MATERIAL PROPERTIES AND CONSTRUCTION CHECKLIST CITY OF FORT COLLINS STREET OVERSQING DEPARTMENT DRAKE ROAD REALIGNMENT PROJECT, PHASE I CTL I T PROJECT NO. FC03230 IF SCOPE This report presents the results of our Subgrade Investigation and Pavement Design for Phase 1 of the Drake Road Realignment in Fort Collins, Colorado. The purpose of our investigation was to determine the type of subgrade soils present at the site, evaluate pavement support characteristics, and provide design pavement alternatives. We believe our report is in general conformance with Chapters 5 and 10 of the Larimer County Urban Areas Street Standards dated January 2, 2001, as adopted by the City of Fort Collins. The scope was described in our proposal (04-155(F)) dated May 18, 2004. Our report includes a description of the subgrade soils encountered in our exploratory borings, laboratory test results, alternative pavement sections and construction and materials guidelines based upon laboratory test results, City of Fort Collins design criteria and the American Association of State Highway Transportation Officials (AASHTO) 1993 "Guide for Design of Pavement Structures." PROPOSED CONSTRUCTION AND SITE CONDITIONS The Drake Street Realignment Project is a major widening, realignment and resurfacing project of Drake Street between Timberline and Ziegler Roads in Fort Collins, Colorado. Phase I consists of approximately 2500 feet of roadway between a point about 800 feet east of Timberline and extending just east of Rigden Parkway. Drake Road Is currently a two-lane road with drainage ditches. Cursory observation of the surface indicates some cracking, likely to embrittlement, has occurred. Overall, the road surface is in fair condition. INVESTIGATION Subsurface conditions at the site were investigated by drilling five exploratory borings to depths of 5 to 10 feet, at the approximate locations shown on Figure 1. Subsoils found in the borings generally consisted of clayey sands to CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT 1 DRAKE ROAD REALIGNMENT PROJECT, PHASE I CTL I T PROJECT NO. FC03230 Ir the maximum depth drilled, except in test hole TH-4 where the clayey sand was underlain at 6 feet by sandy clay. Ground water was not encountered in the exploratory borings at the time of drilling. Laboratory testing was designed to provide index properties of the soils sampled and subgrade support values for those soil types that influence the pavement design. Index properties of the soils sampled were used to classify the soils according to the AASHTO and Unified Soil Classification Systems (USCS). The samples tested had liquid limits of 29 to 33 percent and plasticity indices of 10 to 18 percent, with 18 to 75 percent silt and clay -sized particles (passing the No. 200 sieve). All but one of the samples tested classified as clayey sand (SC) soils according to the USCS. According to the AASHTO system, these samples classified as A-2-4, A-2-6 and A-6 soils with group indices of 0 to 4. The remaining one sample was from soil below a depth of about 5 feet in test hole TH-4 and classified as a clay (CL) soil, and as A-7-6 (10). To evaluate potential heave, swell -consolidation testing was performed on four samples from depths of 2 feet under a confining pressure of 150 psf. The swell test result indicated 0.0 to 2.5 percent swell. A fifth swell test was attempted from a sample recovered from test hole TH-1; the sample fell apart before it could be tested due to its granular nature. Three of the four swell tests indicated swells of 0.5 percent or less. We do not believe the 2.5 percent swell for TH-5 at a depth of 2 feet is indicative of the soils conditions along the alignment, especially considering the bulk sample obtained between the ground surface and a depth of 5 feet had 32 percent silt and clay fines, and classified as a A-2-6, SC soil. We believe the clay soil is limited and will not significantly affect the pavement performance. If significant clay is encountered during construction, it can be removed at that time and replaced with the on -site sand soils. in our opinion, mitigation of swell is likely unnecessary for this phase of the alignment. Results of laboratory tests are presented in on Figures 3 through 7 and summarized in Table I. The soils were grouped and tested as a single, composite sample. The composite sample had a liquid limit of 29 percent, a plasticity index of 10 percent CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT 1 DRAKE ROAD REALIGNMENT PROJECT, PHASE I CTL I T PROJECT NO. FC03230 and contained 28 percent silt and clay -sized particles. The composite sample classified as a SC soil by the USCS and A-2-4 (0) by the AASHTO systems. The composite sample was subjected to standard Proctor (ASTM D 698, AASHTO T99) compaction test procedures (Figure 6), and a Hveem Stabilometer test (R-Value, ASTM D 2844, AASHTO T190) to determine a design support value for the subgrade soils. R-Value results are presented on Figure 7 and show an R-Value of 36. Many of the individual samples had higher plasticity than the composite sample. We therefore recommend the use of a reduced design R-value of 25 for the Phase I improvements. We understand a storm sewer line will be installed as part of the Phase I improvements. We should observe and test placement and compaction of the backfill and verify the design R-value and swell -consolidation characteristics of the subgrade after installation of the storm sewer. SUBGRADE PREPARATION To prepare the subgrade for paving, subgrade soils should be scarified a minimum of 12 inches deep, moisture conditioned to between 2 percent below and 1 percent above optimum moisture content and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698). Scarification and re -compaction of the upper 12 inches of subgrade soils should occur as close to the time of pavement construction as possible. The final subgrade surface must be protected from excessive drying or wetting until such time as the pavement section is constructed. Maintaining moisture contents near optimum will be critical to avoid excessive deflections, rutting and pumping of the subgrade during subgrade preparation. If moisture and density cannot be sufficiently controlled during subgrade preparation and stabilization is required, stabilization by removal and replacement or stabilization using geotextile fabrics and imported granular materials may be used. For isolated or small areas requiring stabilization, CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT 3 DRAKE ROAD REALIGNMENT PROJECT, PHASE I CTL I T PROJECT NO. FC03230 removal and replacement or "crowding" angular, coarse aggregate into the subgrade may be effective. SOLUBLE SULFATES Water-soluble sulfate (SO,) concentrations were measured for one sample of the near -surface subgrade soils and for the composite sample. The purpose of the tests was to determine the risk of exposure to sulfate attack where portland cement concrete is used and to assess the risk of increased swelling due to reaction to chemical stabilization. The concentrations were below the measurable limit of 0.001 percent. These results indicate Class I (formerly "negligible") exposure to sulfate attack on concrete (e.g. curb and gutter or pavements) according to the American Concrete Institute (ACI). These results also indicate low risk of increased swelling due to reaction from chemical stabilization. ACI has no special recommendations for concrete with negligible exposure to sulfate attack. For this site we recommend the use of concrete made with Type I or Type 11 cement with a maximum water -cement ratio of 0.52, and having 5 to 7 percent entrained air to provide added sulfate resistance and for concrete in contact with soils which are likely to stay moist due to surface drainage. PAVEMENT DESIGN We used the AASHTO design method in accordance with the City of Fort Collins requirements. The City of Fort Collins Engineering Department recommended Equivalent Daily Load Application (EDLA) value of 200 for this phase of the Drake Road Realignment Project. Based upon the above traffic numbers and the requirements of the City of Fort Collins, we recommend the design pavement section shown below. The City does not typically allow full depth asphalt pavements, and we were informed that the City desires to use a composite section of asphalt on aggregate base course. Therefore we did not include other alternatives. We would be pleased to provide CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT 4 DRAKE ROAD REALIGNMENT PROJECT, PHASE I CTL I T PROJECT NO. FC03230 alternative sections if requested. Pavement section calculation worksheets are included in Appendix A. Design pavement sections include asphaltic concrete on aggregate base course. DESIGN PAVEMENT SECTION Drake Road Realignment, Phase 1 1 6" AC + 12" ABC Our experience indicates that asphalt concrete over aggregate base course should perform well. The asphalt concrete provides a stiff, stable pavement to withstand heavy loading and provide good fatigue -resistance. Embrittlement of the asphalt and moisture in the subgrade are likely to be the primary causes of distress. The use of a geotextile fabric such as Mirafi 50OX or equivalent to separate the subgrade from the aggregate base course is optional. The pavement design methodology is based on subgrade properties Including soil support characteristics and swell, traffic volumes provided by the City of Fort Collins, and local experience. PAVEMENT MATERIALS Material properties and construction criteria for the pavement alternatives are provided below. These criteria were developed from analysis of the field and laboratory data, our experience and City of Fort Collins requirements. If the materials cannot meet these recommendations, then the pavement design should be reevaluated based upon available materials. All materials and construction requirements of the City of Fort Collins should be followed. All materials planned for construction should be submitted and the applicable laboratory tests performed to verify compliance with the specifications. CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT 5 DRAKE ROAD REALIGNMENT PROJECT, PHASE 1 CTLITPROJECT NO.FC03230 Administrative Services Purchasing Division City of Fort Collins CITY OF FORT COLLINS ADDENDUM No. 2 BID #5893 DRAKE/ZIEGLER IMPROVEMENT PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5834 Ziegler Road Widening Project To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. I. In the Technical Specifications SECTION 609 CURB AND GUTTER the following information was omitted but should be included and shall read as follows: Under section 609.01 the following should be included: Concrete Bike Lane/Curb and Gutter — This work shall consist of the forming, poring and saw cutting of joints for a monolithic concrete combination Bike Lane/Curb and Gutter from stations 25+23.66 to 28+43.85 as shown on page 16 of the Drake/Ziegler Improvement plans. All of the materials, labor and equipment necessary to complete this work shall not be paid for separately under any other item in these plans and shall be considered incidental to the work. This item shall be paid for by the lineal foot — (LF). Also, under section 609.07 the following shall be added 609-07 Concrete Bike Lane/Curb and Gutter— (LF) II. Included in this addendum is the pedestrian access ramps with truncated domes detail drawing. III. This Addendum also includes a Corrected Bid sheet with the added bid item from this Addendum. If you have any questions please contact John Stephen, CPPO, CPPB, Senior Buyer, at 970- 221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Page - I - 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 12/03 Section 00100 Page 7 Asphaltic Concrete (AC) 1. Hot mix asphalt should be composed of a mixture of aggregate, filler, hydrated lime and asphalt cement. Some mixes may require polymer modified asphalt cement, or make use of reclaimed asphalt pavement (RAP). A job mix design is recommended and periodic checks on the job site should be made to verify compliance with specifications. 2. Hot mix asphalt should be relatively impermeable to moisture and should be designed with crushed aggregates that have a minimum of 80% of the aggregate retained on the No. 4 sieve with two mechanically fractured faces. 3. Gradations that approach the maximum density line (within 5% between the No. 4 and 50 sieve) should be avoided. A gradation with a nominal maximum size of 314 or 1/2 inches developed on the fine side of the maximum density line should be used. 4. Total void content, voids in the mineral aggregate (VMA) and voids filled should be considered in the selection of the optimum asphalt cement content. The optimum asphalt content should be selected at a total air void content of approximately 4%. The mixture should have a minimum VMA of 14% and between 65% and 80% of voids filled. 5. Asphalt cement should meet the requirements of the Superpave Performance Graded Binders (PG). The minimum performing asphalt cement should be PG 64-22 for use along the Front Range. The use of PG 58-28 or PG 58-22 asphalt cement has been known to cause tenderness in pavements in the Front Range area and should be avoided. 6. If used, hydrated lime should be added at the rate of 1% by dry weight of the aggregate and should be included in the amount passing the No. 200 sieve. Hydrated lime for aggregate pretreatment should conform to the requirements of ASTM C 207, Type N. 7. We recommend paving only be performed when subgrade temperatures are above 40OF and air temperature is at least 40°F and rising. 8. Hot mix asphalt should not be placed at a temperature lower than 245OF for mixes containing PG 64-22 asphalt, and 290°F for mixes containing polymer modified asphalt. The breakdown compaction should be completed before the mixture temperature drops 200F. 9. The maximum compacted lift should be 3.0 inches and joints should be staggered. No joints should be placed within wheel paths. CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT 6 DRAKE ROAD REALIGNMENT PROJECT, PHASE I CTL I T PROJECT NO. FC03230 IF 10. Asphalt concrete should be compacted to between 92 and 96 percent of Maximum Theoretical Density. The surface shall be sealed with a finish roller prior to the mix cooling to 185°F. 11. Placement and compaction of hot mix asphalt should be observed and tested by a representative of our firm. Placement should not commence until the subgrade is properly prepared (or stabilized), observed, and proof -rolled. Aggregate Base Course (ABC) 1. A Class 5 or 6 Colorado Department of Transportation (CDOT) specified aggregate base course should be used. A recycled concrete alternative, which meets the Class 5 or 6 designations, is also acceptable. 2. Aggregate base course should have a minimum Hveem stabilometer value of 77. Aggregate base course or recycled concrete material must be moisture stable. The change in R-value from 300 psi to 100 psi exudation pressure should be 12 points or less. 3. If -used, geotextile fabric (Mirafi 500x or equivalent) should be placed over the approved subgrade within 24 hours prior to placement of aggregate base course or recycled concrete. Fabric should be rolled out longitudinally with minimum overlapped seams of 2.5 feet. No wrinkles should be permitted. 4. Aggregate base course or recycled base course should be placed in thin lifts not to exceed 8 inches, moisture treated to within 2% of optimum moisture content, and compacted to at least 95% of standard Proctor maximum dry density (ASTM D 698, AASHTO T 99). 5. Placement and compaction of aggregate base course or recycled concrete should be observed and tested by a representative of our firm. Placement should not commence until the underlying subgrade is properly prepared and observed. Prepared Subgrade 1. Subgrade should be stripped of organic matter, scarified, moisture treated, and compacted. 2. Cohesive soils (A-6 to A-7-6) should be moisture conditioned between optimum to 2% above optimum moisture content and compacted to at least 95% of maximum standard Proctor dry density (ASTM D 698, AASHTO T 99). CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT 7 DRAKE ROAD REALIGNMENT PROJECT, PHASE I CTL i T PROJECT NO. FC03230 3. Granular soils (A-1 to A-5) should be moisture conditioned between 2% below to 1% above optimum moisture content and compacted to at least 95% of maximum standard Proctor dry density (ASTM D 698, AASHTO T 99). 4. Final grading of the subgrade should be carefully controlled so the design cross -slope is maintained and low spots in the subgrade that could trap water are eliminated. 5. Once final subgrade elevation has been reached and the subgrade compacted and observed, the area should be proof -rolled with a pneumatic tired vehicle loaded to at least 18 kips per axle. The proof - roll should be performed while moisture contents of the subgrade are still within the recommended limits. Drying of the subgrade prior to proof -roll or paving should be avoided. Areas of soft or wet subgrade should be remedied. CONSTRUCTION DETAILS The design of a pavement system is as much a function of the quality of the paving materials and construction as the support characteristics of the subgrade. The construction materials are assumed to possess sufficient quality as reflected by the strength coefficients used in the flexible pavement design calculations. These strength coefficients were developed through research and experience to simulate expected material of good quality, as explained herein. During construction careful attention should be paid to the following details: < Placement and compaction of trench backflll. < Compaction at curb lines and around manholes and water valves. < Excavation of completed pavements for utility construction and repair. < Moisture treating or stabilization of the subgrade to reduce swell potential. < Design slopes of the adjacent ground and pavement to rapidly remove water from the pavement surface. MAINTENANCE We recommend a preventive maintenance program be developed and followed for all pavement systems to assure the design life can be realized. Choosing to defer maintenance usually results in accelerated deterioration leading to higher future maintenance costs, and/or repair. A recommended maintenance program is outlined in Appendix B. CITY OF FORT COLLINS STREET OVERS¢ING DEPARTMENT DRAKE ROAD REALIGNMENT PROJECT, PHASE 1 8 CTL I T PROJECT NO. FC03230 LIMITATIONS The pavement and construction recommendations are based upon our field observation and testing, minimum traffic levels, and design criteria required by the City of Fort Collins and the AASHTO design methods. The design procedures were formulated to provide sections with adequate structural strength. Routine maintenance, such as sealing and repair of cracks, is necessary to achieve the long-term life of a pavement system. If the design and construction recommendations cannot be followed, or anticipated traffic loads change considerably, we should be contacted to review the recommendations. We believe the geotechnical services for this project were performed in a manner consistent with that level of care and skill ordinarily used by members of the profession in the locality of the project. No warranty, express or implied, is made. If we can be of further service in discussing the contents of this report, or in the analyses of the proposed pavement systems from a geotechnical point of view, please call. CTLITHO 36292 Adam D. TschIda, ••�•'•••••••'•••• Project Engineer ADT:TAC: bly (6 copy sent) Thomas A. aj"f, CPG, Associate %cG�c �••••.•••: CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT DRAKE ROAD REALIGNMENT PROJECT, PHASE 1 CTL I T PROJECT NO. FC03230 7 ao=oo G 1+00 C5 z+oo O 3+00 - 4+00 - s+oo — 6+00 - FUTURE STREET 7+00 — s+o0 — i 9+00 — 10+00 — IOWA DRIVE 11+00 12+00 13+00 14+00 1s+00 - 16+00 i i n+00 KANSAS DRIVE 1E+00 19+00 20+00 21+00 22+00 23+00 - ROCKFORD DRI 24+00 - 25+00 0 0 MID 26+00 c O o y 27+00 0RIGDEN Pf Q 26+00 - k m i i ERLINE ROAD n e� m m O D v 2 I w TIMBERLINE RD. 0 5 N rn 0 Z I�TI / o � 8 V v 3 2 1 Z 0 0 N Z a -� x UJI Z -2 O U) co W W 3 IL 2 O U NO E1111111=11111111011111111 11111111MIN11111 0.1 1.0 APPLIED PRESSURE - KSF Sample of SAND, CLAYEY (SC) From TH-2 AT 2 FEET 3 2 1 Z O 0 vi Z a a -1 x W e Z O -2 _ N N W W -3 a 2 O U 10 100 DRY UNIT WEIGHT= 113 PCF MOISTURE CONTENT= 13.6 % E1111111IM0111111IN11111111 no 0.1 1.0 APPLIED PRESSURE - KSF Sample Of SAND, CLAYEY (SC) From TH-3 AT 2 FEET PROJECT NO. FC03230 10 100 DRY UNIT WEIGHT= 98 PCF MOISTURE CONTENT= 17.7 % Swell Consolidation Test Results FIGURE 3 Z 0 0 ;A- z 4 x W 0 Z -2 O N N W IL 2 0 U -a 0.1 1.0 APPLIED PRESSURE - KSF Sample of SAND, CLAYEY (SC) From TH-4 AT 2 FEET 3 2 z 0 0 M z a a x w 0 z 0 -2 W Ix -3 a L2 0 0.1 1.0 APPLIED PRESSURE - KSF Sample of SAND, CLAYEY (SC) From TH-5 AT 2 FEET PROJECT NO. FC03230 10 100 DRY UNIT WEIGHT= 108 PCF MOISTURE CONTENT= 16.9 % ANT 10 100 DRY UNIT WEIGHT= 98 PCF MOISTURE CONTENT= 10.6 % Swell Consolidation Test Results FIGURE 4 900 800 700 600 500 400 300 a 30 w oti CO w It �o z 0 r~ 0 W 0 ---- -'-------- --- ----�---- - , - - ------ - --------� ` -------- -- Group Number I AASHTO Classification A-2-4(0) Liquid Limit 29 Plasticity Index 10 R-Value Design a 36 Deg----- --------- - -- --- --------- - ------- ---- --- --- --- ------- --- 4 - ------ --- --------, ----- -------� -------- ---- ----- --- -------I ----- -' ------- - - ------- ` ----- --- - ... -- - - { --- -------- --- --------------- ------- ------ -------- ------ - ------'------- ------- ------- - - - ---- : - --- -- ----- - - j - ±=------ 0 10 20 30 40 50 60 70 80 90 "R"VALUE Hveem Stabilometer Test Results Project No. FC03230 Figure 5 130 125 120 115 110 105 100 LL 95 0 a N Z C 90 cc C 85 -- L.----- - CURVE I MAXIMUM DRY 128 PCF - � '---- -k--.- ------- --i ---- , ,' -+ --- OPTIMUM OPTIMU MOISTURE 90 DRY WEIGHT --_- ---' ----- --- -- - -- -- --- --- -- --- -- -- - - ---- --- +- --- -- ----- --- -- - - ZER O AIR VOIDS --- SPECIFIC GRAVITY = 2.70 i -------------- - -i - - 0 5 10 15 20 MOISTURE CONTENT - % Sample Description SAND, CLAYEY (SC) Location COMPOSITE SAMPLE Compaction Test Procedure ASTM D 698 METHOD "C" Job No. FC03230 25 30 35 LIQUID LIMIT 29 % PLASTICITY INDEX 10 % GRAVEL 34 % SAND 38 % SILT AND CLAY 28 % Compaction Test Results Figure 6 �r HYDROMETER ANALYSIS SIEVE ANALYSIS 25HR. 7HR. TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 45 MIN. 15 MIN. 60 MIN. 19 MIN. 4 MIN. 1 MIN. *200 *100. *50 *40 '30 *16 *10 *8 *4 3/8" 3/4" 134' 3' 5"6" 8" 100 0 . . ........ . -700 90 10 80 20 0 70 T.. 7 t�- 60 40 50 so ix 60 30 70 20 so 10 . ..... . . . . 90 .001 1 inn 0.002 .005 .009 .019 .037 .074 .149 .297 Q.42 .590 1.19 290 2.38 4.76 9.52 19.1 36.1 76.2 127 2 200 15 DIAMETER OF PARTICLE IN MILLIMETERS CLAY (PLASTIC) TO SILT (NON -PLASTIC) I SANDS GRAVEL� I J I FINE I MEDIUM lCOARSE I FINE I COARSE I COBBLES Sample of COMPOSITE SAMPLE From GRAVEL 34 % SAND 38 % SILT & CLAY 28 % LIQUID LIMIT 29% PLASTICITY INDEX 10% I HYDROMETER ANALYSIS I SIEVE ANALYSIS 25 HR. 7 HR. TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 45MIN. 15MIN. 60MIN. 19MIN. 4MIN. IMIN. 200 *100 *50 *40 '30 *16 *10 *8 *4 'Va.. 3/4" 1W' 3" 5"6" W' 100 0 ..................... . 90 . ..... .... . ..... 10 80 0 70 .... ..... . ........ .. . ....... . . ...... 20 ...... .... ....... .. 30 60 F 7 40 z. 50 . . . ......... . . .. . . ... . z so 60 30 70 2.0 so 10 90 100 .001 0.002 009 .019 037 .074 .149 297 .590 1 19 2.02r38 4.76 9.52 191 361 76.2 127 200 0.42 152 DIAMETER OF PARTICLE IN MILLIMETERS CLAY (PLASTIC) TO SILT (NON -PLASTIC) I SANDS GRAVEL�� I I FINE I MEDIUM lCOARSE l FINE I COARSE I COBBLES Sample of GRAVEL % SAND % From SILT & CLAY % LIQUID LIMIT % PLASTICITY INDEX % Gradation Project No. FC03230 Test Results FIGURE 7 SECTION 00300 BID FORM TABLE SUMMARY OF LABORATORY TEST RESULTS sm Sample No. Depth (feet) Moisture Content Dry Density 5 Percent Passing No. 200 Sieve Atterber-q Limits I Group Index I Classification Percent Swell @ 150 psf Water Soluble Sulfates Description Liquid Limit Plasticity Index AASHTO Unified COMBINED SAMPLE 0-5 28 29 10 0 A-2-4 SC 0.000 Sand, clayey TH-1 0-5 3.7 18 29 10 0 A-2-4 SC Sand, clayey TH-2 0-5 5.0 28 29 12 0 A-2-6 SC Sand, clayey TH-2 2 13.6 113 SC 0.5 Sand, clayey TH-2 5-10 10.2 46 32 16 4 A-6 SC 1 Sand, clayey TH-3 0-5 7.2 44 32 17 4 A-6 SC Sand, clayey TH-3 2 17.7 98 0.4 Sand, clayey TH-4 0-5 6.0 39 32 18 3 A-6 SC Sand, clayey TH-4 2 16.9 108 0.0 Sand, clayey TH-4 5-10 15.2 75 33 16 10 A-7-6 CL Clay, sand TH-5 0-5 2.7 32 30 15 0 A-2-6 SC 0.000 Sand, clayey TH-5 2 10.6 98 1 2.5 Sand, clayey PROJECT NO. FC03230 Page 1 of 1 DESIGN CALCULATIONS CITY OF FORT COLLINS STREET OVERS91NG DEPARTMENT DRAKE ROAD REALIGNMENT PROJECT, PHASE 1 CTL I T PROJECT NO. FC03230 AASHTO FLEXIBLE PAVEMENT DESIGN Project: Drake Road Realignment, Phase I Number: FC03230 What is the Design ESAL ? What is the Serviceability Loss ? What is the Reliability ? What is the Standard Deviation ? What is the R-value ? Computed Resilient Modulus = If R is not available, Input Resilient Modulus = DESIGN RESILIENT MODULUS = Asphalt Thickness on Subgrade is What is the ABC Layer Coefficient ? What is the Flyash SS Layer Coefficient ? What is the ACCP Layer Coefficient? 1,460,000 2.0 90 0.44 25 5,818 psi psi 5,818 psi 9;0 " inches 0.11 0.10 0;44 6.0' " AC over 12.2 " Aggregate Base Course CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT DRAKE ROAD REALIGNMENT PROJECT, PHASE I CTL I T PROJECT NO. FC03230 Appendix A-1 APPENDIX B MATERIAL PROPERTIES AND CONSTRUCTION CHECKLIST CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT DRAKE ROAD REALIGNMENT PROJECT, PHASE I CTL I T PROJECT NO. FC03230 APPENDIX B GUIDELINE MAINTENANCE RECOMMENDATIONS MAINTENANCE RECOMMENDATIONS FOR FLEXIBLE PAVEMENTS A primary cause for deterioration of pavements is oxidative aging resulting in brittle pavements. Tire loads from traffic are necessary to "work" or knead the asphalt concrete to keep it flexible and rejuvenated. Preventive maintenance treatments will typically preserve the original or existing pavement by providing a protective seal or rejuvenating the asphalt binder to extend pavement life. 1. Annual Preventive Maintenance a. Visual pavement evaluations should be performed each spring or fall. b. Reports documenting the progress of distress should be kept current to provide information on effective times to apply preventive maintenance treatments. c. Crack sealing should be performed annually as new cracks appear. 2. 3 to 5 Year Preventive Maintenance a. The owner should budget for a preventive treatment at approximate intervals of 3 to 5 years to reduce oxidative embrittlement problems. b. Typical preventive maintenance treatments include chip seals, fog seals, slurry seals and crack sealing. 3. 5 to 10 Year Corrective Maintenance a. Corrective maintenance may be necessary, as dictated by the pavement condition, to correct rutting, cracking and structurally failed areas. b. Corrective maintenance may include full depth patching, milling and overlays. c. In order for the pavement to provide a 20-year service life, at least one major corrective overlay should be expected. CITY OF FORT COLLINS STREET OVERSIZING DEPARTMENT DRAKE ROAD REALIGNMENT PROJECT, PHASE 1 - B-1 CTL I T PROJECT NO. FC03230 November 2, 2004 City Of Fort Collins Street Oversizing Department 281 North College Avenue P O Box 580 Fort Collins, Colorado 80521 NOV 0 2004 BY:-- 1 N C O R P O R• T R p Attention: Mr. Mark Laken 17,eaw c f sort Collins Mr. Scott Woodruff Subject: Alternative Pavement Sections Drake Road Realignment Project, Phase I Drake Road Between Timberline Road and Rigden Parkway Fort Collins, Colorado CTL I Thompson Project No. FC03230 -135 y vq At your request, we are providing alternative pavement design sections for the Drake Road Realignment Project, Phase I. CTL I Thompson, Inc. previously conducted a Subgrade Investigation and Pavement Design for the project (Project No. FC03230, report dated October 5, 2004). During our previous investigation, we calculated a Structural Number of 3.98 for flexible pavement design. Alternative pavement sections are provided in the table below. Design of Portland cement concrete pavement section was performed using the AASHTO design method. ALTERNATIVE PAVEMENT SECTIONS FOR DRAKE ROAD REALIGNMENT, PHASE I N M Asphaltic Concrete on Aggregate Base Course 6 in. AC + 12 in. ABC (AC + ABC) n nn /iL /a hL/' Full Depth Asphalt Concrete (AC) - 4-ill Ac -- Asphaltic Concrete on Fly Ash Stabilized Subgrade rfi.54"C + 12 in—.FSS— (AC + FSS) Asphaltic Concrete on Aggregate Base Course on 5 in. AC + 6 in. ABC + 12 in. FSS Fly Ash Stabilized Subgrade OR (AC + ABC + FSS) 5 in. AC + 11 in. ABC + 12 in. FSS C + (oho ABC- -f Z i Portland Cement Concrete (PCC) 8.5 in. PCC it design strength is not achieved, and 50 percent of the structural coefficient for fly ash soil is used. 375 E. Horsetooth Road I The Shores Office Park I Building 3, Suite 100 1 Ft. Collins, Colorado 80525 Telephone:970-206-9455 Fax:970-206-9441 IF The, alternative pavement sections with fly ash treated subgrade assume a 7-day minimum compressive strength of 150 psi of the fly ash treated soil. The soils encountered in our borings classified as A-2-4, A-2-6, and A-6 soils. Fly ash treatment may not be effective for some soil types. We recommend a soil/fly ash mix design be performed to determine fly ash and moisture percentages. If there are any questions regarding this letter, please call. Very truly y4 CTLITHOM AvP Adam D. Ts Tho ,ChajP PE Assoc „9lppi9libn Manager ADT:TAC:adt/bly (6 copies sent) CITY OF FORT COLLINS 2 DRAKE ROAD REALIGNMENT PROJECT, PHASE I CTL I T PROJECT NO. FC03230 -135 SECTION 00300 BID FORM PROJECT: DRAKE/ZIEGLER IMPROVEMENT PROJECT; Bid No. 5893 Place Date February 10, 2005 1. In compliance with your Invitation to Bid dated nPrember 28, 2004 and subject to all condit' ns thereof, the undersigned Don Kehn Construction, Inc. a ** Corporatio Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor)** authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made .in pursuance of and subject to all the terms and conditions of the Invitation 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 Five Percent ($ 5% ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: Employers Mutual Casualty Co. P.O. Box 370010 Denver, CO 80237 S. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through 2 7/96 Section 00300 Page 1 Don Kehn Construction, Inc. CONTRACTOR BY: Q'--16-'' Vice -President ADDRESS: 8. BID SCHEDULE (Base Bid) ITEM CONTRACT t Unit Item NUMBER DESCRIPTION QUANTITY UNIT Cost Cost Drake/Ziegler Improvements Quantities 202 01 Renl ve Pipe (RCP,CMP, ADS,HDPE) 320 LF 202-02 Remov Curb and Gutter 1,350 LF 202-03 Remove A halt Pavement (8" Depth) 10,500 S 202-04 Profile Mill (0 " Depth) 6,700 Y 202-05 Remove Sidewa 6" 1,75 SF 202-06 Remove Fence (Va ' us Type) , 50 LF 202-07 Median Fill Removal 2,000 SF 202-08 Remove Median Splashbloc 1,125 SF 202-09 Remove Tree 1 LS 203-01 Unclassified Excavation 2,700 CY 203-02 Embankment - (CIP) 17,500 CY 203-03 Irrigation ditch grading 100 LF 203-04 Borrow ABC (Class 5 0 - (CIP) 200 TON 203-05 Muck Excavation - P) 200 CY 203-06 Topsoil - (Strip ' g, Stockpiling, Placing) - 6" Depth 2,800 CY 203-07 Temporar ccess Road 1 LS 203-08 Media ardscape Shaping- (CIP) 1, 0 SF 203-09 M an Fill - (CIP) 680 CY 203-10 wale Grading/Shaping and Blue Topping 2,700 LF 203-1 Potholing 1 29efl3 Regrade Existing Cargill Parking lot 1 LS 7/96 Section 00300 Page 2 Sid 115893 Addendum 2 Bid Schedule Project: Drake/Ziegler Improvements NUMBER DESCRIPTION QUANTITY I UNIT i Unit Cost Item Cost (DrakeMcgler Improvements Quantities 202-01 Remove Pipe (RCP.CMP,ADS.HDPE) 220 LF 00 1,920,00 20242 Remove Curb and Gutter 1,350 LF 5-00 6 Sn 00 202-03 Remove Asphalt Pavement (8" Depth) 10,500 Sy 2.00 y] _ 2l 0n0. 00 202 04 Profile Mill (0'-3' Depth) 6,700 Sy 1.30 . 8.400,QQ 202-05 Remove Sidewalk 6" 1,750 SF "` 202-06 Remove Fence (various Type) 2.950 LF Sn L-, 77n M 202-07 Median Fill Removal 2.000 SF _ _ 202d8 Remove Median Splashblock 1,126 SF • 7 Tr 202-08 Remove Tree 1 LS 1 50n _ (In1 SM 00 203-01 Unclassified Excavation 2.700 CY 2.90 7,83Q600 203.02 Embankment -(CIP) 17,500 Cy j_Sn 26,95n.n0 203-03 Irrigation ditch grading 100 LF 4,00 400. 00 203-04 Borrow ABC (Claw 5 or 6) - (CIP) 200 TON R (In 1 60n nn 203-05 Muck Excavation - (CIP) 200 Cy _ 15.00 _ 3 00n n0 203-06 Topsoil .(Stripping. Stockpiling, Placing) -6'Depth 2,800 Cy 3.00 , . 8.400.OQ 203-07 Temporary Access Road 1 LS 2500,W 2.500.00 203-M Median H3rdscape, Shaping - (CIP) 1.600 SF 1 0 1 0. 00 1 203-09 Median Fill • (CIP) 680 Cy . 3.00 2.040.00 202-10 Swale Gracing/Shaping and Blue Topping 2,700 LF 1 nn 9 7nn nn 203-11 Potholing 1 LS _ 1600,00 _ n nn 305-13 Regrade Existing Cargill Parking lot t LS 900.00 . 0.00 20"1 Structure Excavation 350 Cy 4.00 1.400.00 206-02 Structure Backfill Flowrin 125 Cy 4 �- 4 75U-.ZU 206-03 Filter Material 1 12 Washed Rock 100 TON 14.00 , 1.400.00 243E-04 Dewatering 1 LS 3(100 on 3,0n0_nn 208-01 Erosion Control 1 LS 2500.00 2.500.00 20a-02 Silt Fence 7,500 LF 1.30 20fi-03 Slaw Bales Furnished and installed 21 EA 1 6 .00 33 R 00 210-01 Adjust Manhole Ring/Cover 16 EA 250.00 4,000.00 210-02 Modi(y Manhole 7 EA 1200 0 8,400400 210-03 Adiust Valve BOY 8 EA 1 Sn _ no .00 I ?on no 210-04 Relocate FireHydrant 2 EA 1500.00 _ 3; nnn nn 210-05 Adjust Meter Vault 1 EA 300. n0 _ 300 nn 210-06 Relocate C.P. test Stations 6 EA 300.00 _ 1,800.00 21047 Retocato Gate and Posts 2 EA 3{L nn hnn nn 210-W Relocate Air Vent Pipe 2 EA . 4000.00 _ 8,000.00 210-09 Relocate Mail Box 1 EA 15D . 00 150. 00 304-01 Aggregate Base Course - (Class 5 or 6) - 6" Depth - (CIP) 9.500 TON 8.20 77, 90Q - 00 306-01 Reconditioning (8") 6,600 SY 80 5,200.00 307-01 Flyash Sub9rade Stabilization . (12%) 29.700 Sy 4.40 130,680.00 403-01 Hot Bituminous Pavement - Grading S (2.5' Oep1hXPG 6d-281 4,200 TON 403-02 Hot Bituminous Pavement- Grading SG (d" Depth) -(PG 64-22) 6.000 TON -� 71 00 403-03 HBP Paver Patch - Grading S (3" Depth) - (PG 6d-28) 40 TON 60.00 2+, . 00 403,04 HBP Paver Patch- Grading SG (3" Depth) - (PG "22) 40 TON 55.00 . 2 - 20Q _ nn 3Q3.05 HBP Hand Patch - Grading S (3" Depth) - (PG 64-28) 40 TON 00 ` 4,800, (In 303.06 HBP Hand Patch - Grading SG ($" Depth) • (PG 66-221 40 TON 9 0 3.600.00 1136d1 14'x3W'A2' Type M Rip -Rap (CIP as per detail) 1 LS i,2450. 00 2,450.00 i01.01 8,4' Cast in Place RCBC 1 EA 132000.00 132, 000. 00 603-01 18-RCP Class111 124 LF Q.00 9.920.00_ 503-02 24" RCP Class III 35 LF � 1 nn _ 00 _ 5nn On 503-03 30" RCP Class 111 12 LF 100 , 00 -A, _ I -?on . n0 602-0 8" PVC Pipe (Srl 0 LF 1 ,9 n _ no G0'3.O5 4` PVC Irrigation pipipe ps 350 LF a 0_,ffD-- 503-06 Concrete Encasement d0 LF 2,120.00 604-01 5' Type R Inlet 1 EA 2500.00 2 500.00 604-02 1& Type R Inlet 2 EA 604-03 Concrete Curb In1eu 3 to 1200.00 3,600 '' 604-04 V Diameter Manhole 2 EA 4500.00 J 91000.00 604-05 Combination Type 16 Inlet 2 EA 3900.00 7,000.00 604-06 'triple Combinatlon Type 16 Inlet 1 EA 4500 00 4a SM 80d-07 Concrete Box Tie -In to North Trib at Rigdeon Parkway 1 EA 9500.00 � 9,500.00 -on 60406 1' Area lnlr"1 1 EA 1200.00 1.20 604.09 Beehive Gate and Frame with 'Silt Sack" 1 EA 490.00 . DO . 490.00 604.10 d' Area lrllet 1 EA 1 R00 - 00 1 , AOn - 00 60702 4 strand smooth wire 1.075 LF 2.60 2,795.00 608-01 Concrete Sidewalk (6") 21,800 SF 2.45 53,410.00 608-02 Concrete Access Ramps (8') (w/truncated Dome Warning Panels) 1.000 SF 8 - 2 5 8,290.00 606-03 Carcrete Crossoan with Aprons (9 112') 1.d00 SF 4.70 6,580.00 608-0d Hi -Early Concrete (24 Hour) 100 CY 90 00 91000.0 606-05 Flowable Rll Concrete 200 CY - 38.00 , . 600.00 608-06 Exposed Aggerate Median Handscaping (4") 1.5W SF 4 140 6 600 00 608-07 Pedestrian Refuge Island 300 SF - 7.29 - . 608-08 Concrete Drive Ap(oaches (6') 1.400 SF _ 2.80 3,920.00 608-09 Concrete Drainage Channel 30 LF 1 S 00 450.00 608-10 starnped median splashblock 250 SF - 5.00 1,250.00 609-01 Vertical Cud) & Guner (30") 10.250 LF 9.00 92,250.00 609-02 Curb &Gutter (18") CurfDriveway 850 A� 609-03 Driveway Curb Cull (20' Width) 1 64 EA 120.0(1 1 L0.0 �� 609-04 Driveway Curb Cuts (30' Width) 1 EA _ 180.00 180 .QQ 00945 Sidewalk Access Ramp Curb Cuts (G' Width) 3 EA 1.650.00 G09-06 R&R Curb and Gutter 100 LF __ �0 1,500.00 609-07 Concrete Bike Lane/Curb and Gutter 320 LF 26 - 00 8,320.0 619-01 8' DIP Class 52 W1 Poly -Wrap 60 LF 30.00 1,800.00 619-02 8"Tapping Valve 1 EA 2800.00 2 800.00 610-03 24-x8"Tee 1 EA 00. 2ID - 00 619-04 8'x2" Blow off 1 EA 0.00 _ 4UM Subtotal Drake/Ziegler Improvements: $ 1,125,241.00 ! ndscaping Quantities: 2900-02 Native Seeding 7 Acre 600.00 4,200.00 2900-02 Re -Install Irrigation System on Cargill Office Property 1 LS 750.00 750.00 Subtotal Landscaping Quantities: E 4,950.00 Miscellaneous Quantities. - ContraCt Bond 1.00 LS 14000.0 14,000.00 625-01 Construction Surveying 1.00 LS 1500 15 000 00 826Lt Mobilization 1.00 LS 25000.00 630-01 MesSaSt Board 15,00 DAY 15 . 1. 630-02 flagging 250.00 HR ZU . UU , 530-03 Type III Barricades G-00 EA SQQ, Qa , 630-04 Traffic Control 1.00 LS _ 1 00.00 13.00Q 00 Subtotal Miscellaneous Quantities; 4 77 , 9 50 - 00 TOTAL PROJECT COST S _ 1, 207 , 441,kO -One Million Two Hundred Seven Thousand Four Hundred Dollars Forty One __ tun Cents 625-01 Construction Surveying 626-01 �ilization 630-01 essa oard 630-02 flagging 630-03 Type III Barricades 630-04 Traffic Control & Cents 9. PRICES Subtotal AL PROJECT COST 1.00 LS 1.00 LS 15.00 DAY 250.00 H R 6.00 EA .00 LS 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 (25%) of the total Agreement Price. RESPE(/yCTJ[�FFU�LLY� SUBMITTED: Don Kehn Construction, Inc. in 7Anc Signature Date Vice -President Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Q—a-s-� y Address 6950 South County Road 5 Ft. Collins. CO 80528 Telephone (970) 226-4111 Incorporated under the laws of the State of Colorado. 7/96 Section 00300 Page 5 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410Bid Bond 00420Statement of Bidder's Qualifications 00430Schedule of Subcontractors 7/96 Section 00410 Page 1 SECTION 00410 BID BOND KNOW ,ALL MEN BY THESE PRESENTSt that. we, t;hla undersigned Don Kehn as ' PrinC1 , "Wand to rs Mutual Casual .Surety, u r t y, Tom^ P r KnP ye ty P Y as Surety, aYe hereby held and firmly bound unto the City_ of Foort_Coll,ns1t Colorado, as OWNER, in the sum —of $Rioa Percent of the* for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successorar and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompan.;»g Bid and hereby made a part hereof to enter into a Construction Agreement for the( con.:tru"ation of Fort Collins Project, DRAKE/ZIEGhER IMPROVEMENT PROJECT; Bid No. 585-. NOW THEREFORE, (a) If said Bid.shali'i�a rejected, or i (b) .If"•said Bid shall be accepted and the Principal shall exec,it.e and deliver a Contract in the form of Contract attached hereto .(propte.-ly e:i:ipleted in accordance with said Bid) and shall furnish a BOND £::: :,is faithful performance of said Contract, and for payment of all pervons performing labor or furnishing materials in connection therewith, f:ad shall in all other respects perform the Agreement created by the acceptance of said Bidr then this obligation shall be void; otherwise the same .shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereundmor shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value. '.received, hereby stipulates and agrees thart. 1-he obligations of said Surety and its BOND shall be in no way impalred or affected by any extension of the.time within which the.OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to .rsr.satt 2:usirlelss in.the State of Colorado and be accepted by the OWNER. *Total Auomt Bid ----------- (-------- 5$-------- ) 7/96 Section 00410 F,a:1c:: 2 IN WITNESS WHEREOF, the Principal and the Surety have heminto set their hands and seals this loth day of February , 2005, anal east. of -hem as are corporations have caused their corporate seals to be hereto a.f:°ixed and these presents to be signed by their proper officers, the day and year -ij%st set forth above. PRINCIPAL Name: Dm Kebn Construction. Inc - Address., 6Mo south county road 5 80528. By, V1c� Title: ATTEST: (S$AL) SURETY Employers Mutual Casualty CoopanY P.O. Box 370010 pen r, CO 80237 By: Ldwj. Florietta Acos ,Title; Attorney -In -Fact mi HRH® hjlb rogal g hobbs" HRH of Colorado P.O. Box 469025 Denver, CO 80246.9025 m 303-722.7776 ® 303-722-8862 (SEAL) 7196 Section, 00410 Ta.ge 3 Case I. -Directional Ramps — Varies Varies -- �1:20 Si e1:12MAX Slope Gutterof L� Apron tat— Case 3-Mid-Block Ramps l ae: ITbnp Panel Nidllr . 1. Truncated doma %Y&Aing panm: InstallpareNAlong -Xlh toconcrete 4.r 21+2.5' pour br the ramp. The panel rnolerial 6.0 7 5+7.5' shall to *001 Ir TWI tvang Panels' 6.0 21121 12 of an arpilvalrnl rWerhl that must 7.0 2,5 +2+23 todrsiappmvedbydteCltyIrUhaer e.0 247+2+9 prim to installation The panel cola Note: shag he red, no other color is approved, lrmncaled dome panels arm $paciAcallonafor aleWant Aril awlableInN21sQaresand hWatlarlon Instructions yell be W.T wangras. CnntNPe "'Ia Panels entoodr-4 in the isoddad 11eenreves6 Ito wkddro b III ulna tamp, h rnncinh; ramps 2, Ihls drumng shows va avat Coro. 1-or Pauolarnxp be t+410 unlwar NOoaf cerhdro Winning detecemn thora2'zl.Yaim �-Co-torIreolramp SectionA-A (Canterlln6o(tamp) IaathmMiallheplaced Into am Bog-Outtofb.ub NTS pod6on Whack ham th Face of l- C Face ,4 bulb Curb of 4bw One TRUNCATED DOME WARNING FOR ACCESS RAAfAS APPROVED:_. it Drawing No, una REVISED: j REVISED: Interim 1607(a) . / /!''EMins»rance -Companies p -, P.O. Box 712 • Des Moines, IA 50303-0712 8 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT I D,VW ALL MEN OY THESE PRESENTS, that: Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation " RWASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation union Insurance Company of Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, an Oh10 Corporation Iltinofs EMCASCQ Insurance Cnrtpany, an Iowa Corporation .inafter referred to severally as "Company" and collectively as "Companies', each does, by these presents, make, constitute and appoint: INALD E. APPLEBY, GLORIA C. BLACKBURNI FLORIETTA ACOSTA, KRISTEN L. MCCORMICK, DILYNN GUERN, MELA J. HANSEN, CYNTHIA M. BURNETT, J. R. RICHARDS, DOUGLAS J. ROTHEY; INDIVIDUALLY, DENVER, COLORADO .. ve and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a lat nature as follows: ANY AND. ALL BONUS to bind each Company thereby as fully and to the same extent as if such instruments were Signed by the duly authorized officers of each such Company, and all of acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed' ii ESS VI1HEitEQF, the Coln ice have caused these p eCc� is to besigned for each by their. officers as sb6wn,'and the Corporate seals to be hereto affixed this da Oy A ai eats y��°;;"p a & Ar Bruce G, Keiloj Chinn r! - Je OtCompanies &,4; *Wdent " e Assistant ey S. Birdsley 9ecretaiy , �P�� ♦ �A:`©PPa P-0�f C*�, j - iO, bRµ� Q t 04 `p0.PUNgri� 9 Y ,(aa4, of Company l; Vice Chairmahand w f E t a- $ SEAL ar iS63 m 1953 CEO of Qompany 7 �i '�a.ni,P $• � .9 '. ,, •. S �J'�/�'u1 N`••Y: y .�n,r i * •r' Y ?Qwa �i • fFf•• tow P ,r�i/ }£iA •!1♦IIYFl41/ ,ttl•11 .., \I a ,�' ..rx��UWi C'.�r''. C•r•lfi ?3 %�r�''. •,�ihViUQLA''. On - r,1fYf'JIY/rd/I this ih 4d Mrs dxf' y Wf 4liYr. rhr 4#M."5'.•#iY{n ia'':nniy8'nn+�lly eYrrwtirorl CP{.nei (` Vn `4 A...( (YIme.W YAs. lrs byeach of the, 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: Don Kehn Construction, Inc. 2. Permanent main office address: 6550 South County Road 5 Ft. Collins, CO 80528 3. When organized: 1965 4. If a corporation, where incorporated: State of Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 40 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) Larimer County Road 7 $386,679.00 2/28/05 7. General character of Work performed by your company: Earthwork, Asphalt Paving, Utilities, Rotomilling and Concrete Curb & Gutter. 8. Have you ever failed to complete any Work awarded to you_? NO If so, where and why? 9. Have your ever defaulted on a contract? If so, where and why? 10 Are you debarred by any government agency? If yes list agency name. 7/96 Section 00420 Page 1 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. Anheuser-Busch Truck Parking_ Expansion $8622814.76 12/04 Milling, Paving, Conc. Campstnal 3 Filing $727,723.00 9/04 Cheyenne - Grdg, Paving, Util, Concrete Zeigler Road Widening $633,420.49 8/04 Ft. Collins - Grdg, Paving, Util. Conc. Fairgrounds Ave. - $1,580,271.00 10/03 Larimer County Grdg, Paving, Util. 12. List your major equipment available for this contract. SEE ATTACHED LIST 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: Don Kehn President Heavy & Highway Construction 46 Years Dan Kehn, Vice -President Heavy & Highway Construction 26 Years 15. Credit available: $ As Required 16. Bank reference: Bank One, Colorado Rita Glaser, Officer 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? Yes If yes, in what city, county and state? Ft. Collins, Larimer Co & CO What class, license and numbers'? Earthwork, Paving, Utilities & Concrete 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? 30% and to whom? $nn-Ha1,1, Dumar and Neatline Structures 20. Are any lawsuits pending against you or your firm at this time? NO If yes, DETAIL 7/96 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL $1,000,000.00 Each Occurance $2,000,000.00 Aggregate What company? Travelers Indemnity Co. 22. What are your company's bonding limitations? As Required. 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 Ft. Collins this loth day of February , 2005. Don Kehn Construction, Inc. Name of Bi er By: Title: Vice -President State of COLORADO County of LARIMER Dan Khhn being duly sworn deposes and says that he is Vice-PrPsident Of Don Kehn Construction, Inc. 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 loth day of February f 2005 Not y Public Box 2 Wellington, CO 80549 My commission expires November 27, 2007 7/96 Section 00420 Page 3 in1ro4 Unit No. Vehicle 1001 83 Fruehauf Utility Van Trailer 1002 80 Great Dare D.; Van Trailer 1102 91 Ranco Belly Dump Trailer 1103 91 Rarco Belly Dump Trailer 1104 91 Ranco Belly Dump Trailer 0�}-12%-1- 74 Hobbs Dump Trailer 1202- 98 Heil Pneumatic Trailer 0 ; - 12n5 85 FnIehauf Damp Trailer Al .1 -_ 1206 85 Fruehauf End Dump Trailer A y c f 1207 98 Rw.,,a Rock Trailer 1301 82 Trail King Loboy Trailer 1302 76 CAP Load King Lebo-, Trailer 1303 82 Trail King Jeep 1304 82 Trail King Lohoy Trailer 1305 82 Trail King Booster 1306 85 Eager Beaver Folder 20T Trail( 1307 84 Flat Iron Homemade Trailer 1310 92 (NIff 603DD 6nT Load King Tr 1311 92 CMI Load King Booster 1313 97 Landoll Trailer 1314 00 Landoll LT1016 Trailer 1315 02 Trail King Trailer 1401 791HC Tractor 1403 74 Peterbilt Tractor 1409 77 Mack Tractor 1407 90 Mack Tractor 1408 85 Mack Tractor 1409 85 Mack Tractor 1410 85 Mack Tractor 1411 92 Ken .,orth Tractor J412 4 K,PnwTP, Tractor 1501 Y� Mack Ta;rekDump 1502 92 Mack Tandem Dump 1503 81 Mack Tandem Dump 1504 81 Mack Tandem Dump 1505 73 Mack Tandem Dump —1506 77 Mack Tandem Dump 1507 79 Mack Tandem D'tmp 1508 79 Mack Tandem Dump - 1509 79 Mack Tandem Dump —1510 77 Mack Tandem Dump I511 93 Mack Tandem Dump 1512 93 Mack Tandem Dump 15I4 93 Mack Tandem Dump 1515 96 Mack Tandem Dump 1516 00 Mack Tzadeui Dump 1517 03 Mack Tandem Dump v21ro4 Unit No. Vehicle 1518 03 Mack Tandem Dump 1 510 n4 AA Ck Tandem Dump 1520 04 Mack Tandem Dump 1521 04 Mack Tandem Dump 1601 80 IHC 2-1/2T Service Truck 1603 73 GA.4C IT 4N Welder 1604 78 GMC Mechanic Truck 1605 79 Fcrd Flatbed L-700 1606 89 Ford Superduty F450 1607 90 Ford Superduty 17450 1608 91 Mack Fuel Truck, Mainta 1609 89 Ford F-350 Flatbed 1610 94 GMC Service Truck 1611 96 GMC Topkick Truck 1612 93 Freightliner Service Truct 1614 97 GMC Topkick MDLC-650 / G -7 1615 99 Ford Service Truck F450 6�Ao 171616 91 Ford Service Truck c7 a 1704 74 Peterbilt Water Truck 1705 73 Mack Water Tr uek 6x6 1706 74 Mack Water Truck 1707 66.4ack Water Truck L-1708 80 Ford Water Truck '-1709 91 GMC Water Trk Top Kic 1710 94 GMC Water Trk TC7HOE 1810 82 Chevrolet I /2T P/U 4x4 1811 84 Chevrolet 1/2T P/U 4x4 1814 85 Dodge D350 IT P/U 1816 84 Ford 3/4 T P/U 1817 87 Ford F150 1/2T P,r(r 1818 88 Chevrolet 1/2"r P/U 4x4 1820 89 Ford 1 /2T P/U 4x4 (Chet'; 1821 89 Ford Ranger S. P/U 182) 90 Ford F250 P/U 1823 91 Ford F150 P/U 4x4 1824 ,91 Ford F250 P/U 1825 89 Ford F250 P/U 18226 92 GMC P/U 1827 92 Ford F150 P/U 4x4 1828 oz Ford F150 P,fU 4x4 1/2T 1829 91 Ford Ranger P/U 1830 96 Ford F350 P/U 4x4 1831 97 Ford F150 P/U 4x4 1832 07 Ford F150 P,14x4 ((hey 1834 99 Ford F250 P/U 4x4 1835 99 Ford F250 3/4T Pn r 1836 99 Ford F150 P/U 1/21/04 Unit No. Vehicle 1837 99 Ford F250 P/U 1838 02 QMC 2500 P/L7 1839 02 Ford,F250 P/U- o�. `/'/+ 1840 04 Ford F150 P/U- ' 1901 83 Mack Distributor Truck 1903 81 Ford C8000 Distributor Tr; q-3 - 1904 00 Freightliner Distributor Ti _ e / 2001 94 Eagle Vision 2002 94 Mercury Topaz 2100 Nordberg k4DLI1p 400SX Port. 2101 Nordberg Carrier, Dakota 2102 Kolberg 1�11124-60 Conveyo: 2103 Universal Crusher Portable Jai 2104 96 Dakota Conveyor w/fRadial 2105 Dakota Conveyor w/o Radial I 2106 92 Dakota Feeder 2107 92 Dakota 36"x100' Stacking C 2108 Charrel Frame Phillips 30x30" 2108A Homemade Conveyor 2109 Kolberg NfDL 271B Screer. Pla; 2110 Kolberg MDL 22 24"x50' Cony 2111 Kolberg 1:A.nL 30"x50' Convey 2112 Kolberg 2-2440 Conveyor 2113 Fabtech Simplicit; Screering P 2114 Kolberg Screening Plant MDL 2115 Kolberg Radial St.aeking Conv. 2116 Kolberg Hydraulic Conveyor 2• 2117 Simplicity LP140 6r?0-3 Deck Fabmaster Tandem Axle Under Screer. Conveyor 2118 Simplicity LP140 6x20-3 Deck Rance Tandem A,-Je Ca Under Screen Conveyor 2119 Simplicity LP140 6x20-3 Deck Dakota Carrier #1284 w Under Screer. Conveyor 2120 Thunderbird 5x16 516DI 161. 2 12 1 Spokane - Pioneer MDL2500 ' Impact Crusher w/36" & C T 3406TA Engine 2122 30"x60' Field Conveyor 2123 24"x50' Field Conveyor 2124 JC1 6'x20' Three Deck Screen 2125 Custom-built 36"x34' Field Co 2126 95 IMCE 30"x50' Stackable Fi 2127 Nordberg HP309 2128 JCI 7'x20' 3-Deck Screening P 1/21/04 Unit No. Vehicle 2129 30"x60' IMCE Field Conveyor N 2130 30' ..25' L*4CE Field Conveyor 2131 Extec Portable Jaw Crusher 12,49-111-1 2201 ,,. rl .. CAT 3208 Kato Generator 22012 CAT 3208 Generator - Wash Plar 2203 CAT 3412 Generator 455KW 2204 CAT 3408 Generator 340KW 2205 CAT 3406 Generator 320KW 2206 CAT 3304 Dita Generator 2207 CAT 3412 Generator 455KW 2208 Multi -quip Generator Mitsubishi -120-9--MUlti-quip Generator Komatsu S( 2210 94 CAT 3412 Generator 545K1A/ 2211 CAT 3412 Generator 455KW 2212 Multiquip Generator DCA125cc 6 cylinder 150 hp 3101 93 CAT 325L Excavator 3102 CAT 345B Excavator 3103 89 CAT 235C Excavator 3104 86 CAT 225 Excavator 33105_ 98 CAT 330B Excavator 3200 CAT 416C LoaderBackhoe 3201 CAT 416D Lcader.Bac'uhoe 4x4 3202 CAT 416B LoaderBackhoe 4x4 2 sue; `2"6 3342 CL Beam Aligner System 3303 Topcon Pipe Laser 3PG-L 1 / 3401 96 Terex 3066 Articulated Haul T1 3402 96 Terex 3066 Articulated Haul Ti 3403 98 Terex 3066 Articulated Haul Tr 3404 98 Terex 3066 Articulated Haul Ti 3404A 6000 Gai. 2001 I TSE Water Tank 3405 CAT 730 Articulated Haul Truck 3406 CAT 730.4,�ticulated Haul Truck 3501 73 CAT 950 Wheel Loader 3502 80- CAT 9501x/heel Loader 3503 79 CAT 966C Wheel Loader 3504 76 CAT 980B Wheel Loader 3505 00 CAT 966G Loader 3500 Series 3506 Case 1835R Uniloader 3507 Case Skid 1835B Uniloader 3508 05 Case 18451" Loader 3509 87 Case 480 ELL Loader 3511 87 Case 4820E 4x4 3512 90 Case 48OF 4x4 3514 CAT TT1813 Loader 3514 83 CAT 966D Loader 1 /21 /04 Unit No. Vehicle 3515 3516 3517 3518 3519 3520 3521 3522 3523 3� 3524 3 g 6 3610 94 CAT 966F Loader 94 CAT 966F Loader CAT PT28G Loader CAT 980G Loader 97 Case 570 LXT Loader/Trac 00 CAT 972G Loader 00 CAT 236 Skidsteer 02 CAT 1728G Loader 03 236 Skidsteer _ 03 C A.T 236 Skidsteer - 70 CAT 955 Loader 4101 CAT 623B Scraper G 4102 CAT 623B Scraper 4103 86 CAT 627E Scraper, Rear P1. 4104 80 CAT 627B Scraper Push Pu 4105 CAT 627E Scraper Push Pull 4106 CAT 627E Scraper Push Pull 4108 CAT 613C. Scraper 4302 82 CAT 140G Motor Grader 4303 84 CAT 140G Motor Grader 4304 91 CAT 140G Motor Grader 4305 94 CAT 140C- Motor Grader —430b-- 99 CAT 143H Motor Grader 4307 03 CAT 14H 4601 76 CAT D-3 Dozer 4602 79 CAT D-6 Dozer 4603 78 CAT D-8 Dozer D8K 4604 93 CAT D-4 Dozer D414. 4605 95 CAT D8N Dozer 5100 Gorman Rupp)" Pump 5101 Gorman Rupp 3" Pump 5102 76 Gorman Rupp 4" Pump 5103 77 Gorman Rupp 6" Pump - Sa 5106 91 Gorman Rupp 3" Pump 5107 Galigher MDL 3VRA/1000 Rut 5108 Gorman Rupp 6" Trash Pump 5109 Gorman Rupp 6" Trash Pump 5110 02 Mega 10,000 gal Self -erect 6000 97 Con-E-Co Concrete Batch P 6001 96 CEI 10HSSS 10,000 gal. Ho 6100 RotoReclaimer Sand/Rock Sep 6101 kobart GR3035 Welder 6102 Hobart 353 Welder 6200 97 Koiberg MCL 1814 Wash PI 6202 Dakota Conveyor 6203 Dakota Conveyor 6204 Dakota Conveyor 1 /21 /04 Unit No. Vehicle 6205 Dakota 24CY Surge Bin 6206 Dakota 30"s60" Lattice Frame F, 6207 Dakota 30"x60" Conveyor 6208 Dakota Portable Belt Feeder 6601 80 Mack Concrete Truck/Booste 66n2 81 Mack Concrete Truc4JBooste 6603 82 Mack Concrete Truck 6604 97 Mack R.D690S MixerBooster 6605 97 Mack RD690S Mixer/Booster 6606 96 Mack RD690S MixerBooster 6607 01 Mack Granite Mixer/Booster 6610 96 Oshkosh S-2146 Mixer Truck S-214 6-it'`=„_e:-T, uck 6612 94 Oshkosh 5-2146 Mixer Truck 6614 94 Oshkosh Mixer Truck 6615 97 Oshkosh Mixer Truck 6700 90 Gomaco GT-6300 6701 Gomaco 30" Verticle Curb Mold 6702 24" Rollover Curb Mold 6703 72" Rollover Sidewalk Mold 6704 48" Sidewalk Mold 6706 Allen Equip. 32' Concrete Timin. 7001 82 Barber Green Drum Mixer 7001A 82 Barber Greer 3-Bin Cold Feed 7001B 82 Barber Green Scalp Screen 700101 82 Barber Green Slinger Conveyc 7001D 82 Barber Green Bucket Elevator 7001E 82 Barber Geer. 60 T Asphalt Stc 7002 10EI Asphalt Storage Tank 7003 Eaton 60T Lime Silo ,,/Mixer 7004 96 Astec Portable 41000 CFM Pul NML PBH-41 7005 93 Astec 7' Counterflow Asphalt 7006 93 Astec T�i:n 200 ton Silo iv/Nee Auto Computer Truck Scale 7007 93 Astec 4-Bin Cold Feed PC1012 7008 93 Astec Deister Scalp Screen US 7009 93 Astec/Slinger Conveyor PSS41 7010 93 Astec Bag House BBH441515 7011 93 Astec Control House 7012 93 Heatec 30,000 gal. Hot Storage Rear v:7th 10,000 gal. Diesel Stora; Front HE035P 7013 03 Astec Lime Silo 7014 03 Astee Pugmill Lime Mixer 7015 03 CEI 10,000 gal. Hot Storage 7102 88 Barber Green 225B Paver 1 /21 /04 Unit No. Vehicle 7103 92 Barber Green 225B Paver 7104 I aylor. 8' Spreader Box- 7105 92 Entyre Asphalt Curb Machine 7106 Ertyre Chip Spreader 7108 Blaw Knox PF5510 Asphalt Pavl 7109 01 CAT 10558 Paver 7201 80 Hyster 530A Roller 7202 81 Dynapac CC42A 7203 CAT 434 Tandem Roller 7206 84 Hyster 330A Roller 7207 0I CAT 434C Compactor 8 74 CAT 815p Compactor 7209 81 CAT 815B Compactor 7210 Hyster C530A Roller 7110 CAT BG-650 Window Elevator 7211 .83 Hyster C350C Roller 7213 Case Plate Compactor 7214 92 Hyster 530.4, Roller 7215 CAT CP 563 Compactor 7216 Hyster C330B Roller 7218 88 CAT 433B Compactor 7219 Hyster 330 Roller 7220 CAT634C 7221 00 CAT RS200B 7222 95 Ingersoll-Rand Padfoot Coml ;113 CAT PS200B 54 24'%"CAT-A2B-434C-Roller 7502 89 Sweepster Broom Attachmen 7503 88 Elgin Eagle Sweeper GMC 7504 77 Elgin Whirl A-ind II Vac Truc' 7505 Sweepster.Broom TT18B Attache 7506 Broce Broom 1?J-300 7507 88 Vanguard Sweeper V4000SP 7508 97 Johnston Sweeper 2V4000 SI 7509 Waldon Broom w/7'6" Myer Sni 7510 Waldon Broom 7701 Murphy Cardinal Scale 7702 Murphy Cardinal Scale 303-60P1 7703 Chamber Belt Scale 7901 72 Timpte Trailer iv/Elec. SNvif11 7902 68 Fruehauf 38' Semi Trailer SN 7903 Brown Van Trailer 18' for 3208 8001 70 Grove 30T Hydro Crane 8002 80 John Deere 8640 Farm Tracl 8003 Action Compaction Wheel 243I 8004 01 CAT H63 Skidsteer Mount 1 8005 93 Grizzly Fabric Laying Attacl WON Unit No. Vehicle 8006 93 Ingersoll Rand Air Compres 8006A 93 Multi -quip Pavement Break 8008 Arrow HG1250 Hydraulic Ham 8009 99 IR P185 WJO Air Compress 8009A 99 IR Pavement Breaker 8010 Raygo Gator Soil Stabilizer 8011 John Deere 4400Tractor w/Loa 8012 CAT 65D Challenger Tractor 8014 02 John Deere 21OLE Grading 9003 83 Raygo Barcomill 100 9004 90 CAT PR450 Rotomill 75" Ct 9006 CAT PR75 Rotomill 9007 93 CAT PR450C Rotomill 84" 9008 95 CMI PR800-7 Rotomill 102" 9009 97 CMI PR800-7 Rotomill 102" 9010 CMI PR275T Rotomill 99 Miscellaneous Equipment SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM Curb & Gutter SUBCONTRACTOR Son -Haul, Inc. Dumar Contractors Neatline Structures 7/96 Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510Notice of Award 00520Agreement 00530Notice to Proceed Bid #5893 Addendum 2 Bid Schedule Project: Drake/Ziegler Improvements ITEM CONTRACT NUMBER DESCRIPTION QUANTITY UNIT Unit Cost Item Cost Drake/Ziegler Improvements Quantities 202-01 Remove Pipe (RCP,CMP, ADS,HDPE) 320 LF 202-02 Remove Curb and Gutter 1,350 LF 202-03 Remove Asphalt Pavement (8" Depth) 10,500 SY 202-04 Profile Mill (0"-3" Depth) 6,700 SY 202-05 Remove Sidewalk 6" 1,750 SF 202-06 Remove Fence (Various Type) 2,950 LF 202-07 Median Fill Removal 2,000 SF 202-08 Remove Median Splashblock 1,125 SF 202-09 Remove Tree 1 LS 203-01 Unclassified Excavation 2,700 CY 203-02 Embankment -(CIP) 17,500 CY 203-03 Irrigation ditch grading 100 LF 203-04 Borrow ABC (Class 5 or 6) - (CIP) 200 TON 203-05 Muck Excavation - (CIP) 200 CY 203-06 Topsoil - (Stripping, Stockpiling, Placing) - 6" Depth 2,800 CY 203-07 Temporary Access Road 1 LS 203-08 Median Hardscape Shaping - (CIP) 1,600 SF 203-09 Median Fill - (CIP) 680 CY 203-10 Swale Grading/Shaping and Blue Topping 2,700 LF 203-11 Potholing 1 LS 203-13 Regrade Existing Cargill Parking lot 1 LS 206-01 Structure Excavation 350 CY 206-02 Structure Backfill Flowfill 125 CY 206-03 Filter Material 1 1/2 Washed Rock 100 TON 206-04 Dewatering 1 LS 208-01 Erosion Control 1 LS 208-02 Silt Fence 7,500 LF 208-03 Staw Bales Furnished and installed 21 EA 210-01 Adjust Manhole Ring/Cover 16 EA 210-02 Modify Manhole 7 EA 210-03 Adjust Valve Box 8 EA 210-04 Relocate FireHydrant 2 EA 210-05 Adjust Meter Vault 1 EA 210-06 Relocate C.P. test Stations 6 EA 210-07 Relocate Gate and Posts 2 EA 210-08 Relocate Air Vent Pipe 2 EA 210-09 Relocate Mail Box 1 EA 304-01 Aggregate Base Course - (Class 5 or 6) - 6" Depth - (CIP) 9,500 TON 306-01 Reconditioning (8") 6,500 SY 307-01 Flyash Subgrade Stabilization - (12%) 29,700 SY 403-01 Hot Bituminous Pavement - Grading S (2.5" Depth) -(PG 64-28) 4,200 TON 403-02 Hot Bituminous Pavement - Grading SG (4" Depth) -(PG 64-22) 6,000 TON 403-03 HBP Paver Patch - Grading S IT' Depth) - (PG 64-28) 40 TON 403-04 HBP Paver Patch- Grading SG (3" Depth) - (PG 64-22) 40 TON 403-05 HBP Hand Patch - Grading S (3" Depth) - (PG 64-28) 40 TON 403-06 HBP Hand Patch - Grading SG (3" Depth) - (PG 64-22) 40 TON 506-01 14'x34'x2' Type M Rip -Rap (CIP as per detail) 1 LS 601-01 8'x4' Cast in Place RCBC 1 EA 603-01 18" RCP Class III 124 LF 603-02 24" RCP Class III 35 LF 603-03 30" RCP Class III 12 LF 603-04 8" PVC Pipe (SDR-35) 130 LF 603-05 4" PVC Irrigation pipe 350 LF 603-06 Concrete Encasement 40 LF SECTION 00510 NOTICE OF AWARD Date: February 17, 2005 TO: Don Kehn Construction, Inc. PROJECT: DRAKE/ZIEGLER IMPROVEMENT PROJECT; Bid No. 5893 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated February 10, 2005 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for DRAKE/ZIEGLER IMPROVEMENTS PROJECT; BID NO. 5893. The Price of your Agreement is One Million Two Hundred Seven Thousand Four Hundred Forty -One Dollars ($1,207,441.00). 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 March 4, 2005. 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 By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Title 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 17th day of February in the year of 2005 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Don Kehn Construction, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the realignment and widening of Drake/Ziegler Road east 3600 feet from Timberline Road to just past the future Environmental Drive. This project also constructs Environmental Drive east from Drake/Ziegler approximately 900 feet. This project includes but is not limited to the work necessary to widen and realign Drake Road. This work shall include the rotomilling of the existing Drake Road and the reconstruction of a new roadway section consisting of 6.5 inches of asphalt, 6 inches of aggregate base course and 12 inches of flyash treated subgrade. Also included with the roadway reconstruction: earthwork, storm sewer pipe installation, storm sewer inlets, installing an 8 foot x 4 foot box culvert on Environmental Drive, Parking lot upgrades to Cargill Seed Company, regarding, and the installation of curb, gutter, sidewalk and fence. ARTICLE 2. ENGINEER The Project has been designed by Drake/Ziegler Improvements - J.R. Engineering, Rigden Farm Bch Filing - Kimley-Horn Associates, Inc., and City of Fort Collins Engineering, hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete by August 1, 2005, and completed and ready for Final Payment and Acceptance in accordance with the General Conditions by August 11, 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. 9/12/01 Section 00520 Page 1 They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Five Hundred Ten Dollars ($1,510.00) for each calendar day or fraction thereof that expires after August 1, 2005, until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after August 11, 2005, 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: ($1,207,441.00), One Million Two Hundred Seven Thousand Four Hundred Forty-one 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 9/12/01 Section 00520 Page 2 stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 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 9/12/01 Section 00520 Page 3 General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings: Drawing Titles & Sheet #Is: Cover/Index Sheet Drake/Ziegler Improvements - JR Enqineerin Sheet 1 Cover Sheet Sheet 2 Typical Street Sections Sheet 3 General Notes Sheet 4 Horizontal Control Sheet 5 Right of Way Map Sheet 6A,6B,6E Remove & Replace Drake Road Sheet 6F Phasing Plan Sheet 7-10 Plan and Profile Sheet 15 Plan & Profile Environmental Sheet 16 Drake Rd. and Rigden Parkway Sheet 17 Grading Plan Sheet 17A Cargill Grading Plan Sheet 18 Grading Plan - Environmental Sheet 20 Signage and Striping intersection Drive 9/12/01 Section 00520 Page 4 Sheet 23, 23A, 23B Storm Sewer Plan and Profile Sheet 27 Environmental Dr. Box Culvert Plan Sheet 28,28A, 29-32 Details Sheet 33-37 Street Cross Sections Sheet 46 Erosion Control Plan Rigden Farms 8th Filing The Shops at Rigden Farm (Partial Plan Set) - Kimley-Horn Associates, Inc. Sheet R3 Drake Road Plan and Profile 1 Sheet R4 Drake Road Plan and Profile 2 Sheet R1 General Notes and Typical Sections Sheet R8 Drake Road Signing and Striping Sheet R12 Drake Road Cross Sections Sheet R17 Street Intersection Detail 2 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12/01 Section 00520 Page 5 OWNE CITY OF FORT COLLINS By: JAM B. O'NEILL II, CPPO, FNIGP ECTOR OF PURCHASING AND RISK r DNAfEMF�DI Date: ?i U OJ Attest: y" City Cletk ► Q) Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as to Form 4 - -Og Assistant City Attorney SEAL A CONTRACTOR: Don Kehn Construction, Inc. B y : _��-L— Title: U'_� l --'jo e : - a S �1 (CORPORATE SEAL)" x v ress for giving notices°':' - Y LICENSE NO.: 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: DRAKE/ZIEGLER IMPROVEMENT PROJECT; BID NO. 5893 To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be and , 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR By: Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615Payment Bond 00630Certificate of Insurance 00635Certificate of Substantial Completion 00640Certificate of Final Acceptance 00650Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670Application for Exemption Certificate Bond No. S324790 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENT$: that (Firm) Don Sehn Construction, Inc. (Address) 6550 South County Road 5, Fort Collins, 00 80528 ra ), '-d, (a Corporation), hereinafter referred to as the ,,Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. ]pox 370010, Denver, CD 80237 hereinafter referred to as "the surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado BO 522 a (Municipal corporation) hereinafter referred to as the "OWNER", in t he penal sum of One Million Two Hundred Seven * 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 17th day of Fehruary , 2005, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, DRAKE/ZI MGLER IMPROVEMENT PROJECT; BID NO. 5893. NOWT 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 obligati cn shall be void, otherwise to.remain in full force and effect. *Thousand Four Hundred Forty One & 00/100-------------- ($1,207,441.00- ------------- ) 7/.96 Section 00610 Page 1 604-01 5' Type R Inlet 1 EA 604-02 10' Type R Inlet 2 EA 604-03 Concrete Curb Inlets 3 EA 604-04 6' Diameter Manhole 2 EA 604-05 Combination Type 16 Inlet 2 EA 604-06 Triple Combination Type 16 Inlet 1 EA 604-07 Concrete Box Tie -In to North Trib at Rigdeon Parkway 1 EA 604-08 1' Area Inlet i EA 604-09 Beehive Grate and Frame with "Silt Sack" 1 EA 604-10 4' Area Inlet 1 EA 607-02 4 strand smooth wire 1,075 LF 608-01 Concrete Sidewalk (6") 21,800 SF 608-02 Concrete Access Ramps (8") (w/truncated Dome Warning Panels) 1,000 SF 608-03 Concrete Crosspan with Aprons (9 1/2 ") 1,400 SF 608-04 Hi -Early Concrete (24 Hour) 100 CY 608-05 Flowable Fill Concrete 200 CY 608-06 Exposed Aggerate Median Hardscaping (4") 1,500 SF 608-07 Pedestrian Refuge Island 300 SF 608-08 Concrete Drive Aproaches (6") 1,400 SF 608-09 Concrete Drainage Channel 30 LF 608-10 stamped median splashblock 250 SF 609-01 Vertical Curb & Gutter (30") 10,250 LF 609-02 Outfall Curb & Gutter (18") 850 LF 609-03 Driveway Curb Cuts (20' Width) 1 EA 609-04 Driveway Curb Cuts (30' Width) 1 EA 609-05 Sidewalk Access Ramp Curb Cuts (6' Width) 3 EA 609-06 R&R Curb and Gutter 100 LF 609-07 Concrete Bike Lane/Curb and Gutter 320 LF 619-01 8" DIP Class 52 WI Poly -Wrap 60 LF 619-02 8" Tapping Valve 1 EA 619-03 24" x 8" Tee 1 EA 619-04 8"x2" Blow off 1 EA Subtotal Drake/Ziegler Improvements: $ Landscaping Quantities: 2900-02 Native Seeding 7 Acre 2900-02 Re -Install Irrigation System on Cargill Office Property 1 LS Subtotal Landscaping Quantities: $ Miscellaneous Quantities: - Contract Bond 1.00 LS 625-01 Construction Surveying 1.00 LS 626-01 Mobilization 1.00 LS 630-01 Message Board 15.00 DAY 630-02 flagging 250.00 HR 630-03 Type III Barricades 6.00 EA 630-04 Traffic Control 1.00 LS Subtotal Miscellaneous Quantities: $ TOTAL PROJECT COST $ Dollars Cents PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed -an original, this '�' � day of February r 20 o5 . IN PRESENCE OF: (Corporate Seal') IN PRESENCE OF: Principal Don KehnCoCon�. — _struc�tion, Inc. 2" BY, 6'Li_ (Title) 6550 South County Road 5 Fort Collins GO :8�15� (Address)* Other Partndrs x "` By: N/A By: ri 71717N7 OF: Surety Employers Mutual Cas -.- By F orietta Acosta, AttorheK_ Cobb- Denver. - v� CO P O 370010 Denver. 00 44ki7 (Address) (Surety Seal) r- NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 111-1HRH hilb rogal & hobbs- HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 m 303-722-7776 0 303-722-8862 Section 00610 Page 2 Bond No. S324790� SECTION 00615 PAYMENT BONA Bond No. KNOW ALL MEN BY THESE.PRESENTS: that (Firm) Don Kehn Construction, Inc. (Address) 6550 South County Road 5, Fort Collins, 00 80528 (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Boa 370010, Denver, 00 80237 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 One Billion Two Hundred Seven Thousand* 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 i7rh dayof 2005, a co of which is hereto attached and made a Frhrnary I PY part hereof for the performance of The City of Fort Collins project, DRAKE/ZIEGL£R IMPROVEMENT PROJECT] BID NO. 5B93. 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. *Four Hundred Forty One & 00/100----------------- ($1,207,441.00-------------- ) 7/96 Section 00615'Page l PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond] and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied'. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the state of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 21st day of February , 2005. IN PRESENCE OF: Principal By:. Kehn ructioq Inc. �A6 h (Title):-71 6550 South County Road 5, Fort Collins, CD 80528 (Address) (Corporate seal) IN PRESENCE OF: Other Partners N/A IN P E EN E OF: Surety Employers Mutual tp By: %JAjU✓via`--� Florietta Acosta, Atto�In-EaeC E. Cobb, Denver, 00 P_O_ Boa 370010, Denver. 00 tf� 3 (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 its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows:ANY AND ALL DONDS and to bind each Company thereby as fully and to the same extent as ii such instruments were signed by duly authorized officersof each such Company, and aH of thIe acts of said attomey pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shalt expire April 1, 2006 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting,of each. xompany duly called and held in 1999: RESOLVED The President and Chief Executive Officer; any Vice President, the Treasurer and the Secretary of Employers Mutual Casuaity Company shall have power and authority. to (1) appoint attomeys•in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of arty power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. 1N SS WHEREOF, the Co W;��IEs have caused these p is to be signed for each by their officers as shown, and the Corporate seals to be,.hereto affixed this day Df Companies, on behalfof ...".•, 'as Bruce G. Kelley, Unairman // uemey a uiresiey �p0 a„ ; of CompaniesPresident Assistant Secretary - a pPPORgr 6 '� of Company 1; Vice Chairman and U 1953 CEO of Company 7 h 7th May 2003 On this day of AD before me a AL Los •; Notary Nota Public in and for the State of Iowa, personally appeared Bruce G Kelley and Jeffre S. ry y ppe Y Y Birdsley, who, being by me duly swam, did say that they are, and are known to me to be the `oPP0Rq :. Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of =; SEAL :o ; each of The Companies above; that the seals affixed to this instrument are the seals of said a•; ..,,,,,,,.;�Q;= corporations; that said instrument was signed and sealed on behalf of each of the Companies •.,Moves �,, by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and JeffreyS. Birdsley,; as such officers, acknowledge the execution of said instrument to be the Voluntary act and deed of each of the Companies. My Commission Expires September 30, 20G6. KRUMINS^••�' Notary Public in and for the State of Iowa CERTIFICATE I, David L. Hixenbaugh; Vice President of the Companies, do herebyy certify that the foregoing resolution of the Boards of Directors by each of the .... I — April 7, 2004 and effect. "y1II a'a I d my name and affixed s J. Rothey 71st day of - i Vice -President SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE 02/18105DmyY) PRODUCER HRH of Colorado 720 S. Colorado Blvd Ste 600-N P.O. Box 469025 Denver, CO 80246.9025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL a INSURED Don Kohn Construction, Inc. 6550 SCRS Fort Collins, CO 80528 INSURERA: Travelers Indemnity Company 25658 j INSURER B: Pinnacol Assurance 10780 INSURER C: INSURER D: INSURER E: r-^Irmo vv�a-w+vw 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE 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. NSRI TYPE OF INSURANCE POLICYNUMBER DATE POLICYEFFECTIVE Ml D POATE(MLICY PIRA YI LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 161E8893IND04 11/01/04 11/01/05 EACH OCCURRENCE E1000000 PREMI ES fFn om rr s300 000 MED EXP (Any one person) $1 O ODD CLAIMS MADE O OCCUR PERSONAL BADVINJURY $1 DOD DOO AlfCGD2461002 X Ltd Pollution GENERAL AGGREGATE s2,000,000 GEML AGGREGATE LIMITAPPUES PER: PRODUCTS - COMPIOPAGG s21000,000 Poucv X �o rx-1 LOC A AUTOMOBILE LIABILITY ANY AUTO 810161E8893TIL04 11i01104 11/01/05 COMBINED SINGLE LIMIT (Ea accident) $1 OOOOOD r X BODILY INJURY (Perperson) $ ALL OWNED AUTOS SCHIDULEDAUTOS - X BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTOS X X PROPERTY DAMAGE (Per accident) $ Ltd Pollution GARAGE LIABILITY AUTO ONLY - EA ACCIDENT E OTHERTHAN EA ACC AUTO ONLY: AGG $ ANYAUTO s A EXCESS MrBRELLALIABILITY CUP16IE8893TIL04 11i01/04 11/01/05 EACH OCCURRENCE s2 000 000 AGGREGATE s2,000,000 X OCCUR CLAIMS MADE E Cn� �S s X RETENTION S10.000 B WORKERS COMPENSATION AND 2093950 10l01/04 10101105 TH• X WC SLIMTATU• I OFR E.L. EACH ACCIDENT E50O,000 EMPLOYERS'W/RlTY ANY PROPRIETORIPARTNERIEXECUTNE OFFICERIMEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE s5000OO - _ It yes SPECIAL PROVISION$ below — E.L. DISEASE -POLICY LIMIT ...... .__ _ $500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project Description: Bld#5893/Drake/Ziegier Improvement Project The following are Additional Insureds as respects General Liability only (See Attached Descriptions) City of Fort Collins Administrative Services Purchasing Division P O Box 580 Fort Collins, CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL In' DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE rD DO SO 3v AI.,. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS 'AGENTS OR ACORD 25 (2001105)1 of 3 #S241500iM239388 Llwr � 1. wl—.— •--- IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 254S (2001108) 2 of 3 #S241500/M239388 from Page 1) "'DESCRIP If required by written contract and coverage applies only as respects work performed by the Insured for the Additional Insureds. All coverage terns, conditions and exclusions of the policy apply. Additional Insureds: City of Fort Collins The Additional Insured endorsement which is referenced above under "Type of Insurance -General Liability" is attached. " The following cancellation conditions always apply: -10 days for non-payment of premium - If policy shown,10 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of insurance AMS 25.3 (2001103) 3 of 3 INS M: Don Kehn Construction, Inc. — - ---------_._._ POLICY Nt876�'Li : 16IB8893IIM • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) . This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY- CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED - (Section II) Is amended to include any person or organization you are re- quired to Include as an additional ihsured on this policy by a written contract or written agreement In effect during this policyperiod and signed and executed 'by you prior to the loss for which cover- age is sought. The person or organization. does not qualify as an additional Insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional Insured with respect to liability caused by "your.work" forthat additional insured, c) This Insurance does not apply to "bodily in- jury` or "property damage" caused by "your work" included . in the "products -completed operations hazard" unless you are required to provide such coverage for the additional in- sured by a written contract or written agree- ment in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by suc; con- tract or agreement and in no event beyond the expiration date of the policy. 2- The insurance provided to the additional insured 3. Subpart (1)(a) of the Pollution exclusion under is limited as follows: Paragraph 2., Exclusions of Bodily injury and a) In the event that the limits of liability slated rn Property Damage Liability Coverage (Section I — to if the "bodily the policy exceed the limits of liability required Coverages) does not apply you "your by a written contract or written agreement in injury" or "property damage" arises out of effect during this policy period and signed and work" performed on premises which Eire owned or "your _ "— executed. by you prior to the loss for which rented by the additional insured at the time ° ^ coverage is sought, the insurance provided work" is performed. ' by this endorsement shall be limited to the A-. Any coverage provided by this endorsement to an limits of liability required by such contract or additional insured Shall be excess over any other �= agreement This endorsement shall not in- valid and collectible insurance available to the o^ crease the limits stated in Section III — LIMITS additional insured whether primary, excess, con- e-= OF INSURANCE, tingent or on any other basis unless a written -� b) The insurance provided to the additional in- n—agreemenn effiecFduring ihis— i c6ract °r writtet i m—= sured does not apply to "bodily injury", "prop- "personal "advertising policy period and signed and executed. by you prior to the loss for which coverage is sought erty damage", injury" or specifically requires that this insurance apply on a injury" arising out of an architect's, engineer's primary or non-contributory basis. \Nhen fhi_ Ir or surveyors Tendering of or failure to render — any professional services including: surance is primary and there is other inse,rarce �^ available to the additional insured from any I. The preparing, approving or failing to source, we will share with that ocher insurance by prepare or approve maps, shop drawings, the method described in the policy. I 3= opinions, reports, surveys, field orders, 5. A5 a condition of coverage, each additional change orders, or drawings and specin- insured must: cations; and II. Supervisory or inspection activities pal'- a.) Give us prompt written notice of any "oca�r- or offense which may result in a claim = formed as part of any related architectural rence" and prompt written notice of "suit". or engineering activities, COMM ERC A b.) Immediately forward all legal papers to us, cooperate in the Investigation or settlement of the claim or defense against the "suit," and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also Insures against a loss 'we cover under this endorsement. This Includes, but is no( limited to, any insurer which has issued a policy of Insurance In which the additidnai insured quallfles as an insured. For purposes of this, requirement, the term "insures against' refers to any self -Insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regerdl(ss o di,ali, :r the additional insured has ac-ilially that the insurer provide the additional Inslln;d with a defense arid/or indcrrinily under that Policy of insurance. d.) Agree to make available aiiy other insurance: that the additional insured has for a loss we cover under this endorsement, 6 6 Page 2 of 2 Copyright, The Travelers Indernnily Company, 2002 CLi 46 10 07. February 1, 2005 CITY OF FORT COLLINS PLANHOLDERS LIST FOR BID #5893 Drake/Ziegler Improvement Project MOUNTAIN CONSTRUCTORS PO BOX 405 PLATTEVILLE CO 80651 PH 970-785-6161 FAX 970-785-2515 COLORADO CONST. INC 6810 N. BROADWAY STE B DENVER CO 80221 PH 303-427-0868 FAX 303-427-0882 ARMADILLO FENCE & SECURITY 229 NORTH HWY 287 FORT COLLINS CO 80524 PH 970-493-7887 FAX 970-498-8917 AGGREGATE INDUSTRIES PO BOX 337231 GREELEY CO 80634 PH 970-353-2005 FAX 970-378-6856 ALL ABOUT SAFETY 12607 WCR 76 EATON CO 80615 PH 970-686-6644 FAX 970-686-6059 J & A SAFETY & SIGN DBA TRAFFIC MASTERS 1304 DUFF DR #14 FORT COLLINS, CO 80524 PH 970-221-3440 FAX 970-221-3480 MARK YOUNG CONSTRUCTION 155 N. COLLEGE AVE STE 220 FORT COLLINS CO 80524 PH 970-484-1648 FAX 970-224-0392 CONNELL RESOURCES 4305 E HARMONY ROAD FORT COLLINS CO 80528-9527 PH 370-223-3151 FAX 970-223-3191 CARNES SERVICES PO BOX 1258 WELLINGTON CO 80549 PH 970-568-3632 FAX 970-568-3165 LAFARGE 180ON TAFT HILL RD FORT COLLINS, CO 80522 PH 970-407-3659 FAX 970-407-3902 ADVANCED CONCRETE 2902 W MANSFIELD ENGLEOOD, CO 80110 PH 303-761-5991 FAX 303-761-0505 UNITED RENTALS 2456 E 9T" ST LOVELAND CO 80538 PH 970-667-3620 FAX 970-667-3930 EXPRESS CONCRETE 5305 ZIEGLER RD FORT"COLLINS CO 80528 PH 970-225-1287 FAX 970-229-0846 TLM CONSTRUCTORS 1013 37T" AVE CT STE 202 GREELEY CO 80634 PH 970-346-8323 FAX 970-346-8324 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: DRAKE/ZIEGLER IMPROVEMENT PROJECT; BID NO. 5893 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: Citv of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substan- tially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, DRAKE/ZIEGLER IMPROVEMENT PROJECT; BID NO. 5893. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: DRAKE/ZIEGLER IMPROVEMENT PROJECT; BID NO. 5893 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 day of 20 CONTRACTOR Title: ATTEST: Secretary STATE OF COLORADO )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: DRAKE/ZIEGLER IMPROVEMENT PROJECT; BID NO. 5893 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 (01/03) COLORADO DEPARTMENT OF REVENUE (303) 238SERV(7378) CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(M) 0 DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) 89 - C1`IOTOR INFORMATION Trade namelDBA: 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 contraot or agleeMent pages (1) identifying the contracting parties, (2) bid 10tilP' [ON INFORMATION amount and-(3) containing signatures of contracting parties MUST be attaahed. 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 (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: UV NV I VYKi i C t3CLVYY i ma Lii4c Special Notice - Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors, Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future. projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS No Text Page 2 NEAT LINE STRUCTURES 3211 S. 25 CASTLE ROCK, CO 80109 PH 303-688-2719 FAX 303-688-2331 CONCRETE WORKS OF COLORADO 1260 ROCK CREEK CIRCLE LAFAYETTE, CO 80026 PH 303-665-2933 FAX 303-665-2996 NORTHERN COLORADO TRAFFIC CONTROL P.O. BOX 1826 GREELEY, CO 80632 PH 970-356-6881 FAX 970-356-5862 QUALITY TRAFFIC CONTROL 216 RACQUETTE DR, #5 FT. COLLINS, CO 80524 PH 970-493-0865 FAX NORAA CONCRETE 39 S. 4T" AVE, STE. B BRIGHTON, CO 80601 PH 303-637-9233 FAX 303-637-9470 NORTHSTAR CONCRETE P0BOX Y BERTHOUD, CO 80513 PH 970-532-0805 FAX 970-532-4687 DUMAR CONTRACTORS P.O. BOX 532 GREELEY, CO 80632 PH 970-356-5660 FAX 970-356-5661 DURAN EXCAVATING 418 N. 9T" AVE. GREELEY, CO 80631 PH 970-339-5100 FAX 303-659-3243 ROCKY MOUNTAIN DECK & FENCE 6209 W 21 ST STREET GREELEY, CO 80634 PH 970-356-0448 FAX 970-339-3074 ARAPAHOE UTILITIES 14251 E FREEMONT AVE STE E ENGLEWOOD, CO 80112 PH 303-690-8888 FAX 303-690-2180 DON KEHN CONST. 6550 S COUNTY ROAD 5 FT. COLLINS, CO 80528 PH 970-226-4111 FAX 970-226-4115 GERRARD EXCAVATING 1739 S. COUNTY RD. 13C LOVELAND, CO 80537 PH 970-669-1463 FAX 970-669-1964 LAWSON CONST. 20 SOUTH SUNSET ST. LONGMONT, CO 80501 PH 303-776-3456 FAX 303-938-9955 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) w .J 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................................3 1.1 Addenda.............................................1 2.1 Delivery of Bonds............................ 3 1.2 Agreement,,,,,,,,,,,,,,,,, I........................ 1 2.2 Copies of Documents........................ 1.3 Application for Payment„ ..................... 2.3 Commencement of Contract 1.4 Asbestos ............................................. Times; Notice to Proceed..,,,,,,,,,,,,, 3 1.5 Bid ......... I ......... ......... ......... 1 2.4 Starting the Work...... .................3 1.6 Bidding Documents .............................1. 2.5-2.7 Before Starting Construction; 1.7 Bidding Requirements .........................1 CONTRACTORs Responsibility 1.8 Bonds 1 to Report; Preliminary Schediles; 1.9 Change Order,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 Delivery of Certificates of 1.10 Contract Documents1. 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............................................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 fications of Technical Societies; 1.19 Field Order ......................................... I 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.............................................2 J SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization ;2 REFERENCE POINTS5 1.29 PCBs..................................................2 4.1 Availability of Lands ..................... ?-6 1.30 Petroleum...........................................2 4.2 Subsurface and Physical 1.31 Project................................................2 Conditions .................................... 6 1.32.a Radioactive Material......... I ................... 4.2.1 Reports and Drawings...................... 1.32.b Regular Working Hours,,,,,,,, ,,,,,,,,,, 2 4.2.2 Limited Reliance by CONTRAC- 1.33 Resident Project Representative ............ 2 TOR Authorized; Technical 1.34 Samples..............................................2 Data ............................................. 6 1.35 Shop Drawings ................................... 2 4.2.3 Notice of Differing Subsurface 1.36 Specifications ..................................... 2 or Physical Conditions.................. 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 .......................3 4.3.1 Shown or Indicated .......................... 7 1.45 Written Amendment ........................... 4.3.2 Not Shown or Indicated .................3 4.4 Reference Points,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,7 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material....................7-8 to Shop Drawing or Sample Submittal....................................16 5. BONDS AND INSURANCE ...............................„ 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bonds .............................................. 8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents ,........... 17 Certificates of Insurance,,,,,,,,,,,,,,,,,,,, 8 6.28 Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance..........................................9 Approval of Required 5.5 OWNER's Liability Insurance,.,,,,,,,.,_„ 9 Submittals...................................17 _ 5.6 Property Insurance ..........................9-10 6.29 Continuing the Work ..................... 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance.................10 Warranty and Guarantee ............... 17 5.8 Notice of Cancellation Prousion......... 10 6.31-6.33 Indemnification .........................17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations ...................18 for Deductible Amounts .................... 10 5.10 Other Special Insurance., .................... 10 7. OTHER WORK ................................................. _ 18 5.11 Waiver of Rights ......... ..................11 7.1-7.3 Related Work at Site,,,,,,, ...........18 5.12-5.13 Receipt and Application of 7.4 Coordination..................................18 Insurance Proceeds ...................... 10-11 -- 5.14 Acceptance of Bonds and Insu- 8. OWNER'S RESPONSIBILITIES .........................18 ance; Option to Replace.. ................. 11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR.................................18 Insurance........................................11 8.2 Replacement of ENGINEER ............ 18 ._ 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES 11 When Due 18 6.1-6.2 Supervision and Superintendence ,,,,,,.11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment... 11-12 and Tests ............................... 18-19 6.6 Progress Schedule,,,,,,,.... .....12 8.5 Insurance,,,,,,,,,,,,,,,,, 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Or&rs................................ 19 CONTRACTOR's Expense; 8.7 Inspections, Tests and Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation 12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services......................................19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights .........................j3-14 Responsibilities, ........................... 19 6.12 Patent Fees and Royalties....................14 8.10 Asbestos, PCBs, Petroleum, _ 6.13 Permits14 Hazardous Waste or 6.14 Laws and Regulations ........................14 Radioactive Material ..................... 19 6.15 Taxes ........................................... 14-15 8.11 Evidence of Financid _ 6.16 Use of Premises .............. I.................. 15 Arrangements .............................. 19 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading....................15 9. ENGINEER'S STATUS DURING 6.19 Record Documents .............................15 CONSTRUCTION,,,,,,,,,,,,,,,,,.............__.............19 6.20 Safety and Protection„ .............15-16 9.1 OWNER's Representative ...........19 6.21 Safety Representative .........................16 9.2 Visits to Site .................................. 19 6.22 Hazard Communication Programs.,,,,, 16 9.3 Project Representative,,,,,,,,,,,,,,, 19-21 6.23 Emergencies ..................................... 16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Samples..............16 tations............................... ,......... 1 9.5 Authorized Variations in Vlbrk........ 21 iii E.ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) r. Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ...................21 9.7-9.9 Shop Drawings, Change Orders and Payments ................................... 21 9.10 Determinations for Unit Prices...... 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEERS Authority and Responsibilities.., 22-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNERS Ordered Change................23 10.2 Claim for Adjustment ........................23 10.3 Work Not Required by Contract Documents ..................................... 23 10.4 Change Orders.................................23 10.5 Notification of Surety ........................ 23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ................................... 23-24 11.4 Cost of the Work ........................... 24-25 11.5 Exclusions to Cost of the Work. ..... **..25 11.6 CONTRACTORS Fee ........................ 25 11.7 Cost Records.................................25-26 11.8 Cash Allowances...............................26 11.9 Unit Price Work...........................I.....26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment ........................26 12.2 Time of the Essence ......................... 26 12.3 Delays Beyond CONTRACTORS Control ....................................... 26-27 12.4 Delays Beyond OWNERS and CONTRACTORS Control27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK..................................................77 13.1 Notice of Defects...............................27 13.2 Access to the Work ............................27 13.3 Tests and Inspections; CONTRACTORS Cooperation......... 27 13.4 OWNERS Responsibilities; Independent Testing Laboratory....., 27 13.5 CONTRACTORS Responsibilities„ .............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval.................27 13.8-13.9 Uncovering Work at ENGI- NEERs Request .....................27-28 13.10 OWNER May Stop the Work ........... 28 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period ...........................28 13.13 Acceptance ofDefective Work ......... 28 13.14 OWNER May Correct Defective Work..................................... 28-29 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. 29 14.1 Schedule of Values .........................29 14.2 Application for Progress Payment..................................... 29 14.3 CONTRACTORS Warranty of Title...........................................29 14.4-14.7 Review of Applications for Progress Payments..................29-30 14.8-14.9 Substantial Completion .................. 30 14.10 Partial Utilization .....................30-31 14.11 Final Inspection .............................31 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptancq....... 31 14.15 Waiver of Claims......................31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate ................ 32 15.5 CONTRACTOR May Stop Work or Terminate.. ............... 32-33 16. DISPUTE RESOLUTION ... 33 17. MISCELLANEOUS...........................................33 17.1 Giving Notice ................................ 33 17.2 Computation of Times .................... 33 17.3 Notice of Claim..............................33 17.4 Cumulative Remedies ..................... 33 17.5 Professional Fees and Court Costs Included .............................33 17.6 Applicable State Laws ............... 33-34 Intentionally left blank.......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ..................... GC -Al 16.1-16.6 Arbitration('iC-Al 16.7 Mediation...............................GC-A1 iv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance .......................................... 5.14 defective Work............................10.4.1, 13.5, 13.13 final payment., ..................9.12, 14.15 insurance, ..................................... I .................. 5.14 other Work, by CONTRACTOR ................... I., .... 7.3 Substitutes and "Or -Equal" Items ......................6.7.1 Work by OWNER..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ............................................. 4.1 site, related Work .............................. ........._ .....7.2 ... Work...........................................13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR6.9.1, 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 ...............................„ 5.7 Adjustments -- Contract Price or Contract Times...... I....................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 ..........................f.8.2, 6,19, 10.1, 10A, 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,,,,,,,,,,,,,,,............... .......J4.1-14.7 review of.................................................:14.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant theretq..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of ........... ....................... .......... I ........... IA 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 ........................................... I.....2.1, 5.1 final Application for Payment,,,,,,,,,,,,,,,, 14.12-14.14 general ...................................... 1.10, 5.1-5.3, 5.13, ..........................I.............9.13, 10.5, 14.7.6 Performance, Payment and Other . .................. 5.1-5.2 Bonds and Insurance --in general .................. I..............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, 5A.13, .......................5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances .............................................. 11.8 claim for price adjustment,..,,,,,,,,, 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ...................9.5, 9.11, 10.2, 10.5, 11.2, 13.9, ..,,,,_.....*.......,,,13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR's fee....................................11.6 Cost of the Work general ............................................... 11.4-11.7 Exclusions to .............................................. 11.5 Cost Records.....................................................11.7 in general.............j.19, L44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing.........................................111.3.2 Notification of Surety.........................................10.5 Scope of .................. ......... ...............10.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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, ..... I...... 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 ofDefective Work ..........................13.13 Amending Contract Documents ..........................3.5 Cash Allowances I1.8 Change of Contract Price ... .................................. I I Change of Contract Times...................................12 Changes in the Work, .......4. ......... ........10 CONTRACTOR's fee ........................................ 11.6 Cost of the Work ............. ..........„.„__.,,,,..11.4-11.7 Cost Records...............................................11.7 definition of ............................ ......................... 1.9 . emergencies ........................................... 4 ........ 6.23 ENGINEER's responsibility ....... 9.8, 10.4, 11.2, 12.1 execution of.....................................................10.4 Indemnifiction .........................6.12, 6.16, 6.31-6.33 Insurance, Bonds and....„..„.............5.10, 5.13, 10.5 OWNER may terminate ......... ............15.2-15.4 OWNER's Responsibility .........................._, .6, 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities--.............................4.3.2 Record Documents ........................................... 6.19 Scope of Change ....................... 4.......... ..... 10.3-10.4 Substitutes..............4..............................6.7.3, 6.8.2 Unit Price Work...............................................11.9 value of Work, covered by................................1143 Changes in the Work....... ..410 Notification of surety ....... _4........... 4.44.44............ 10.5 OWNER's and CONTRACTOR's responsibilities...........................................1044 Right to an adjustment..."4,*'4'*............*............10.2 Scope of change......., ............10.3-10.4 Claims -- against CONTRACTOR .... 4 ........... ..................6.16 against ENGINEER ..... 4,.................................. 6.32 against OWNER.....................................4.........0.32 Change of Contract Price'.................*.......9.4, 11.2 Change of Contract Times........ ............ 9.4, 12.1 CONTRACTOR's...... 4 .......4, 7.1, 9.4, 9.5, 9.11, 10.2, ......................4411.2, 11.9, 12.1, 13.9, 14.8, ........................4................15.1, 15.5, 17.3 CONTRACTOR's Fee 11.6 ........................................ Article or Paragraph Number CONTRACTOR's liability ... ,....... 5.4, 6.12, 6.16, 6.31 Cost of the Work11.4, 11.5 Decisions on Disputes...............................9.11, 9.12 Dispute Resolution . ............. *...... *......................16.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpreto(.......................9.11 Lump Sum Pricing ......................................... J 1.3.2 Notice of ............................................................. 17.3 OWNER's. ..................9.4, 9.5, 9.11, 10.2, 11.2, 11.9 ................. 4...... 12.1,13.9,13.13,13.14,17.3 OWNER's liability...............................................5.5 OWNER may refuse to make payment........ .... I ..... 14.7 Professional Fees and Court Costs Included...............................4.....................17.5 request for formal decision on............................9.11 Substitute Items....*... ,,,,, 4....... *....... *........ 6.7.1.2 Time Extension................................................. 12.1 Time requirements ................................... 9.11, 12.1 Unit Price Work„ ........ I ...4...11.9.3 Value of ............................................................ 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.............................................4... 3.3.3 Commencement of Contract Times.. .......................... 2.3 Communications-- general....................................4.........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 ............... Partial Utilization14.10 Substantial Completion,,,,,,,,,,,1.38, 14.8-14.9 Waiver of Claims „.......................14.15 Computation of Times ............. 4.44..4........... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others..................................................6.8 6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconstruction ................................ ........... .......2.8 4 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.......................................4.................. .5 Bonds............................................................. 5.1 vi E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Cash Allowances..............................................11.8 Article or Paragraph Number Change of Contract Price 11 Change of Contract Times, .................................. 12 Changes in the Work,..,,,,, ......................... 10.4-10.5 check and verify ................................................. 2.5 Clarifications and Interpretations ..........................3.2, 3.6, 9.4, 9.11 definition of,,,,,.,, ...................1.10 .......................... ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,, 9.11 ENGINEER as OWNER's representative ,,,,,.,..,.„.9.1 general3 Insurance .................................... 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 ......................... 8.3, 14.4, 14.13 precedence.,.,,, .........3.1, 3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications of Technical Societies, .................... 4.44 ........... 3.3 RelatedWork ................ ...............................7.2 Reporting and Resolving Discrepancies.,,,,,,, 2.5, 3.3 Reuse of ............................... ........................ ......3.7 Supplementing.................................................. 3.6 Termination ofENGINEER'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,,,.,,, ..................................................... 11 Decision on Disputes........................................9.11 definition of... ..4................. .1.11 Contract Times -- adjustment of ..........................3.5, 4.1, 9.4, 10.3, 12 Change of ..... ................412.1-12.4 .........:................ Commencement of ............................................ 2.3 definition of............................4.......................1.12 CONTRACTOR -- Acceptance of lnsurance,,.,,,,,,.4........................ 5.14 Communications ............ ......... ..I—..6.2, 6.9.2 Continue Work ................................4....... 6.29, 10.4 coordination and scheduling............................6.9.2 definition of .................. 4........ ................1.13 Limited Reliance on Technical Data Authorized ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4.2.2 May Stop Work or Terminate,,,,,,,,,,,,,,,,,,,,,,,,,,,,15.5 provide site access to others..... ................... 7.2, 13.2 Safety and Protection ...................443.1.2, 6.16, 6.18, ...... ........................... .....6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal,,,,,,_.. I ............................. 6.25 Stop Work requirements..................................4.5.2 CONTRACTOR's- Article or Paragraph Number Compensation ................................. .......... 11.1-11.2 Continuing Obligation.....................................14.15 Defective Work...* ........................... 9.6, 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency........................................... 6.23 Defects in Work of Others ............................. 7.3 Differing conditions...................................4.2.3 Discrepancy in Documents,......, 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated,,,,,,,,,, 4.3.2 Emergencies.....................................................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 .......................0.30 Hazard Communication Programs ......................0.22 Indemnification ........................6.12, 6.16, 6.31-6.33 Inspection of the World...............................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 bx.......................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 World ..........................0.29, 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....................9 5 general........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs,,,,,,,,,, 6.22 Indemnification 6.31-6.33 vii E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment..............0.3-6.5 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............................h.12 Permits.......................................................6.13 chedule............... ........................6.6 Progress Schedule. * ............ Record Documents,,,,,,, 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 Cleanliness..........................................6.17 Submittal Procedures,,,,,,6.25 Substitute Construction Methods and Procedures.....................................6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence ..................... ............. *........ 6.2 Supervision...............................................I...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 ,..... 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;, 6.16-6.18 Warranties and guarantees ..........................6.5, 6.30 Warranty of Title ...... ......... ......... ........14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ........ 15.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.2.3 Substantial Completion................................14.8 CONTRACTORS--other...............................................7 Contractual Liability Insurance ..............................5 4.10 Contractual Time Limits.........................................12.2 Article or Paragraph Number Coordination— CONTRACTOR's responsibility ........................6.9.2 Copies of Documents ....................................... I ........ 2.2 Correction Period..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general ,,,,,,,,,,,,,,,,,,,,10.4.1, 13.10-13.14 Acceptance ofDefective Work...........................13.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period ......... ............... ...13.12 OWNER May Correct Defective Work .............. 13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections.....................................13.4 Records11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts,,,,,,,,,,,,,,,,,, ,,*..................... 11.4.2 CONTRACTOR's Fee.......................................11.6 Employee Expenses......................................11.4.5.1 Exclusions to .................................................... 11.5 General11.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment.........................I.......11.4.2 Minor expenses...........................................11.4.5.8 Payroll costs on changes.........................I.......11.4.1 performed by Subcontractors...........................11.4.3 Recordsll.7 Rentals of construction equipment and machinery ...................................... 11.4.5.3 Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary facilities ................11.4.5.2 Special Consultants, CONTRACTOR'S .......... j 1.4.4 Supplemental.................................................11.4.5 Taxes related to the Work............................11.4.5.4 Tests and Inspection..........................................13.4 Trade Discounts11.4.2 Utilities, fuel and sanitary facilities ...............j1.4.5.7 Work after regular hours.................................11.4.1 Covering Work...............................................13.6-13.7 Cumulative Remedies ..................................... 17.4-17.5 Cutting, fitting and patching ............................ I .......7.2 Data, to be furnished by OWNER,,....,,, ..............8.3 Day --definition of................................................17.2.2 Decisions on Disputes.....................................9.11, 9.12 defective --definition of...........................................1.14 defective Work -- Acceptance of.......................................10.4.1, 13.13 vm E1CDC 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 Period13.12 in general.........................................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER„ .............................. 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defects ........ ...............13.1 Rejecting ...................................... .................... .9.6 Uncovering the Work.......................................13.8 Definitions................................................................I Delays......................................4.1, 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance ................ ;........... 2.7 Determinations for Unit Priceg 9.10 Differing Subsurface or Physical Conditions -- Noticeof ............... : ................. ........................4.2.3 ENGINEER's Review4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustmentg..............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 16.6 Dispute Resolution Agreement.........................16.1-16.6 Disputes, Decisions by ENGINEER,,,,,,,,,,,,,,,,,, 9.11-9.12 Documents -- Copiesof...........................................................2.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of..........................................j.15 Easements , ............................. 4.1 Effective date of Agreement -- definition of .............1.16 Emergencies............................................... I.......... 6. 23 ENGINEER -- as initial interpreter on dispute$.................9.11-9.12 definition of,,,,,,,,,,,,,,,,,,,,,,,,,,,, .......................... 1.17 Limitations on authority and responsibilities ..... 9,13 Replacement of .................................................: 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of ..................... 1.18 ENGINEER's-- authority and responsibility, limitations orl........ 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for.,,,,,, 9.7, 10, 11, 12 Clarifications and Interpretation$...............3.6.3, 9.4 Decisions on 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...............................14.13 Observations_ .. .... ...... _........ .......6.30.2, 9.2 OWNER's Representative ............ ... .....................9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9, 14 Recommendation of Payment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on.................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions..............................4.2.4 Shop Drawings and Samples, review responsibility .............................................. j6.26 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,,,,,,,,,. .......... 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..................................................6.33 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 allovences..............................11.8 General Provisions,17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references to..............7.6, 6.4, 6.6-6.7, 6.24 Giving Notice........................................................17.1 Guarantee of Work --by CONTRACTOR,,.,..,, 630, 14.12 Hazard Communication Programs________________ _,._ J'22 Hazardous Waste -- definition of.....................................................1.21 general............................................................. 4.5 OWNER's responsibility for .............................. 8.10 ix EICDC GENERAL CONDITIONS 1910-8 (t990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 1 BID #5893 DRAKEIZIEGLER IMPROVEMENT PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5834 Ziegler Road Widening Project PRE -BID DATE: January 27, 2004, 1:00p.m. Conference Rooms A and B, at 281 N. College Ave., Fort Collins. To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. I. Section 01330 Survey Data in the General Requirements should read as follows: SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will not provide the construction surveying for the Project. The Contractor will be responsible to provide the surveying required on this project. B. The Owner will make the projects CAD drawings available to the Contractor upon request. C. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of restaking construction stakes and for the cost of re-establishing a destroyed monument. END OF SECTION II. In our General Requirements for this Project under SECTION 01510 TEMPORARY UTILITIES under section 1.1 paragraph B should read as follows: B. Contractor will furnish water in reasonable amounts for execution of the work at existing fire hydrants without charge to the Owner. The Contractor shall Coordinate and schedule with the Owners' Field Representative for the Water Department to select the appropriate fire hydrant and to set the hydrant meter. Page -1- 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 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.........................................................1.4.11 Article or Paragraph Number Special, required by ENGINEER .........................9.6 Tests and Approval„ ...........................$.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER*.............................5.14 Additional, required by changes in the Work............................................11.4.5.9 Before starting the Work.....................................2.7 Bonds and --in general...........................................5 Cancellation Provisions............* ......................... 5.8 Certificates of ..................7.7, 5, 5.3, 5.4.11, 5.4.13, ........................5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations.......* ......... ...................5.4.13 CONTRACTOR's Liability.........................I.......5.4 CONTRACTOR's objection to coverage.............5.14 Contractual Liability......................................5.4.10 deductible amounts, CONTRACTOR's responsibility................................................5.9 Final Application for Payment... I......................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...................................................$.4 Availability of.............................................4.1, 8.4 Reports and Tests .................. ............................. $A Laws and Regulations --Laws or Regulations-- Bonds ......... ................................................1-5.2 5 Changes in the Work........................................10.4 Contract Documents3.1 CONTRACTOR's Responsibilities .....................6.14 Correction Period, defective Work................„..13.12 Cost of the Work, taxes...............................11.4.5.4 definition of ....................................................... 1.22 general6.14 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 .........................14.12 definition of....................................I................1.23 Waiver of Claims............................................14.15 Limitations on ENGINEER's authority and responsibilities ................................................. 9.13 Limited Reliance by CONTRACTOR Authorized.......................................................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment .........................1.4.12 Manuals (of others)-- Precedence...................................................33.3.1 Reference to in Contract Documents..................33.1 Materials and equipment -- furnished by CONTRACTOR...............................6.3 not incorporated in World .................. I................14.2 Materials or equipment --equivalent........... I...............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 Indicated.........................................4.3.2 Notice of -- Acceptability of Project .... I................................14.13 Award, definition of.........................I...............1.25 Claim............................................................1.7.3 Defects,13.1 Differing Subsurface or Physical Conditions,.....4.2.3 Giving............................................................1.7.1 Tests and Inspections........................................13.3 Variation, Shop Drawing and Sample.................6.27 Notice to Proceed -- definition of ................................ ....................1.26 givingof ........................................................... 2.3 x EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety..............................................10.5 Observations, by ENGINEER............................6.30, 9.2 Occupancy of the Work,,,,,,,,,,,,,,,,,,, 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR...............6.9, 9.13 Open Peril policy form, Insurance ..........................5.6.2 Option to Replace ......... ....... ......... .......... ...... I... ....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.............................j4.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate............................8.8, 13.10, 15.1-15.4 Payment, make prompt,,,,,,,,,,,,,,,,,,,,,8.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements ,,,,,,,,,,,,,,,,,,,.6.13 purchased insurance requirements,,,,,,,,,,,,,, ......... OWNER's-- Acceptance of the Work..............................6.30.2.5 Change Orders, obligation to execute ........... .9.6, 10.4 Communications ................................................. 8.1 Coordination of the Work 7.4 Disputes, request for decision............................9.11 Inspections, tests and approvals..................8.7, 13.4 Liability Insurance..............................................5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEER's Status......................................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 8.10 Change Orders..............................................8.6 Changes in the Work...................................10.1 communications............................................8.1 CONTRACTOR's responsibilities evidence of financial arrangement�..............8.11 inspections, tests and approvals .....................$3 insurance..................... . ....... I........................ 8.5 lands and easements:....................................8.4 prompt payment by........................................8.3 replacement of ENGINEER ...........................8.2 reports and tests,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, ,,,,,* .... 8.4 8 stop or suspend Work...................8, 13.10, 15.1 terminate CONTRACTOR's services..........................:...............8.8, 15.2 separate representative at site..... 1....................... 9.3 testing, independent.........................................13.4 use or occupancy of the Work ......................... 5.15, 6.30.2.4, 14.10 written consent or approval required.........................................9.1, 6.3, 11.4 Xi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) w.r Article or Paragraph Number written notice required .........................7.1, 9.4, 9.11, ....................................11.2, 11.9, 14.7, 15.4 PCBs - definition of general..................................... I ........................4. 5 OWNER's responsibility for...............................8.10 Partial Utilization -- definition of.....................................................1.28 general 6.30.2.4, 14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties........................................6.12 Payment Bonds...................................................5.1-5.2 Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title....„ ............. j4.3 Final Application for Payment ..........................14.12 Final Inspection .............................................. 14.11 Final Payment and Acceptance ............... 14.13-14.14 general ................................. . ............. ... .......$ 3, 14 Partial Utilization ...................„........... 14.10 Retain age ...................... .......... ........................ . 14.2 Review of Applications for Progress Payments ............................... 14.4-14.7 prompt payment.......... ................................ ........8.3 Schedule of Values ............................................ 14.1 Substantial Completion ......... ....._....14.8-14.9 Waiver of Claims ..................... ...................... 14.15 when payments due ........................... 14.4, 14.13 withholding payment....................................14.7 Performance Bonds ................. .............. . ........5.1-5.2 Permits .......6.13 Petroleum -- definition of......................................................1.30 general............................................................. 4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating to ........................ 4.2.1.2 ENGINEER's review........................................4.2.4 existing structures ......... I..................................4.2.2 general4.2.1.2 ......................... 4 ....................... Notice of Differing Subsurface or ................... 4.2.3 Possible Contract Documents Change ..... 4......... 4.2.5 Possible Price and Times Adjustments ........... 4.4.4.2.6 Reports and Drawings. .................................. ..4.2.1 Subsurface and, Subsurface Conditions442.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized... ............... 4.4 ..4.2.2 Underground Facilities— general........................................................ 4.3 Not Shown or Indicated... .................. .... 4.4.4-342 Protection of.........................................4.3, 6.20 xii Article or Paragraph Number Shown or Indicated 4.3.1 Technical Data...............................................4.2.2 Preconstruction Conference . ........................... ... ......2.8 Preliminary Matters 2 Preliminary Schedule§ .......................................... I... 2.6 Premises, Use of .......... .... ..... *"*,,..................... 6.16-6.18 Price, Change of Contract...........................................11 Price, Contract --definition of ..............*',,,,,,......_,,... 1.11 Progress Payment, Applications for ..........................i4.2 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 ......... *...........* ......... U0 Recommendation of Payment ................. 14.4, 14.5, 14.13 Record Documents....** .............**.................... 6.19, 14.12 Records, procedures for maintaining ..........................2.8 ReferencePoints.......................................................4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work...........I..............................9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ...................... 6.28 Remedies, cumulative........*.............................17.4, 17.5 Removal or Correction ofDefective Work . ..............J3.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by OWNER .................... 8.2 Reporting and Resolving Discrepancies. ................................2.5, 3.3.2, 6.14.2 Reports -- and Drawings.................................................4.2.1 and Tests, OWNER's responsibility .....................8.4 Resident and Project Representative -- definition of....................................................1.33 provisionfor............................................................9.3 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures ..............0.7.2 ............................... Substitute Items .................................. 6.7.1.2 Subsurface and Physical Conditions-- Drawings of, in or relatng to ........................ 4.2.1.2 ENGINEER's Review ..................... 4.2.4 general..............................................................4.2 Limited Reliance by CONTRACTOR Authorized.................................................4.2.2 Notice of Differing Subsurface or Physical Conditions.........................................4.2.3 Physical Conditions.......................................4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments,,,,,,,,,,,,,,, 4.2.6 Reports and Drawings,,,,,,,,,,,,,,,,, ............... 4.2.1 Subsurface and .............. ......... ........ ....... 4 2 Subsurface Conditions at the Site. 4.2.1.1 Technical Data.................................................4.2.2 Supervision— CONTRACTOR's responsibility ...........................6.1 OWNER shall not supervise.................................8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13.2 Superintendence.......................................................6.2 Superintendent, CONTRACTOR's resident...............6.2 Supplemental costs..............................................11.4.5 Supplementary Conditions -- definition of ............ ... .......................................1.39 principal references to.................1.10, 1.18, 2.2, 2.7, .......................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ................. 5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Document$..........................3.6 Supplier -- definition of.....................................................1.40 principal references to ............ 3.7, 6.5, 6.8-6.11, 6.20, ............................4.............6.24, 9.13, 14.12 Waiver of Rights ...................... 4........................6411 Surety -- consent to final payment ........................14.12, 14.14 ENGINEER has no duty to.,,.,.... ................... ... , . 9.13 Notification of.. ...................4........-_...10.1, 10.5, 15.2 qualification of ......... 4......... 5.1-5.3 Survival of Obligations ........................................... 6.34 Suspend Work, OWNER May ..................... j3.10, 15.1 Suspension of Work and Termination-- ......................15 CONTRACTOR May Stop Work or Terminate......,,,.,. / 15.5 OWNER May Suspend Work ..... ............. I........... 1.5.1 OWNER May Terminate ,,,,,,,,,,,,,*..... ,,,..... 4.15.2-15.4 Taxes --Payment by CONTRACTOR .........................6.15 Technical Data -- Limited Reliance by CONTRACTOR,_.............4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions... ..... 4 ........................... 4.2.3 Temporary construction facilities., ............................. 4.1 Article or Paragraph Number Termination-- by CONTRACTOR ................................. ... .......15.5 by OWNER........................................8.8, 15.1-15.4 of ENGINEER's employment...............................$.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 ......... ...........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 Contrac4................................I..........1.12 Computation of................................................17.2 Contract Times --definition of ...........................1.12 day.........................................................17.2.2 Milestones ..... ...................................................... 12 Requirements-- appeals.................................................9.10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Time$,,,,,,,,,,,,,,,, 2.3 Preconstruction Conference ............................. 2.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work..........................................2.4 Title, Warranty of. ............. * ........ * ...... f....................................... ..... .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 Indicated4.3.1 Unit Price Work-- claims.........................................................1.1.9.3 definition of....................................................1.42 general11.9, 14.1, 14.5 Unit Prices-- general11.3.1 Determination for9.10 Use of Premises........... I ..................... 6.16, 6.18, 6.30.2.4 Utility owners.. * ......................... k. 13, 6.20, 7.1-7.3, 13.2 Utilization, Partal...................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 xiv E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized ........................................ 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER....................................9.2 Waiver of Claims --on Final Payment ......................14.15 Waiver of Rights by insured parties..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................6.30 Warranty of Title, CONTRACTOR's........................14.3 Work -- Accessto..........................................................1,3.2 byothers............................................................... 7 Changes in the .................................................... 10 Continuing the..................................................6.29 CONTRACTOR May Stop Work or Terminate ................................................ 15.5 Coordination of.................................................... 7.4 Cost of the.................................................11.4-11.5 definition of ......................... ........................... 1.43 .... neglected by CONTRACTOR...........................1.3.14 otherWork............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work... ................ 113.10, 15.1 Related, Work at Site....................................7.1-7.3 Starting the >.......................................................2.4 Stopping by CONTRACTOR..............................15.5 Stopping by OWNER ............................... ..15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of . .. ...................................................1.44 principal references to.......................3.5.3, 10.1-10.2 Written Amendment -- definition of .......................... .................... 1.45 ...... ..... principal references to...............1.10, 3.5, 5.10,15.12, .........................6.6.2, 6.8.2, 6.19, 10.1, 10.4, ..........................11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations...................................3.6.3, 9.4, 9.11 Written Notice Required-- by CONTRACTOR............................7.1, 9.10-9.11, ........................................... 10.4, 11.2, 12.1 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 04 (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) -- GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 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 E1CDC 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, fine 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 of Award --A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER --The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs --Polychlorinated biphenyls. 1.30. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project --The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Workine Hours --Regular working hours are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings --All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications --Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for. final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions --The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier --A manufacturer, fabricator, supplier, distributor, 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 fumish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall fumish 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 19I0-8 (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. T hill the GefA et Times eenwnenee te FuFt later than the sixtieth day after the day Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and O shall eaeh deliver to the ether OWNER, with copies to eaw additien.r in - Fed identified in the Supplementat-y, Gendifie ENGINEER certificates of insurance (and other evidence of insurance reasonably request requested by OWNER) which CONTRACTOR ad O`.�— ..esp�me is required to purchase and maintain in accordance with paragraphs 5.4, 5.6 ands. 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 ton a- befere subw�issien of the fits A_pplie,,tien c - Paymetit before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated by OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTORS 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 III. In the Technical Specifications SECTION 607 FENCES was omitted but should be included and shall read as follows: REVISION OF SECTION 607 FENCES Section 607 of the Standard Specifications is hereby revised as follows: Subsection 607.01 is revised to include the following: 4 Strand Smooth Wire Fence — This work shall consist of all of the materials, equipment and labor necessary to install 4 strand smooth wire fencing. All the materials including posts and the work necessary to set them shall be considered incidental to the work and not be paid for separately This item shall be field measured and paid for by the lineal foot. Subsection 607.04 is revised to include the following: The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 607 — 02 4 Strand Smooth Wire Fence — (LF) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work listed above: complete in place, as specified in these specifications, and as directed by the Engineer. END OF SECTION If you have any questions please contact John Stephen, CPPO, CPPB, Senior Buyer, at 970- 221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Page -2- 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.3.4. In the event of conflicting or ambiguous provisions within the Contract Documents, own risk. No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 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. Upon "°.._male mmitten a ..ehaftie's lien against .. eh lands aeeerdanee ...:.r ppli,., ble 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: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 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, pratnptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, 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 EICDC 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 shah 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 ENGINEEKs 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 ENGINEEKs 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. • . Y • • . - .. : --IN. --IN. ..._. ------------ 007 EJCDC GENERAL CONDITIONS I910-8 (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 famish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTORS obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. ^*4MR sh l _ . rl... .lrl�!Mf..-�_ - .A-•- :.:......•:,: CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; EJCDCGENERALCONDITIONS 1910-8(1990Edition) 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, 6.16and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: _.. :. =11VI-1; - ��0 R i eewfage, theft, vandalismteand , earth�uak�eellapse, debris e al a,.melitia ..a ent of eh of Laws and neb.actiefi. ls as may ` 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in • I. 1_ FIN— - - - ' E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) to w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Ems• ..._ . -n. . '. Receipt and Application of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers apA, :f _ red« riffng by any ne..�_,a ifiterest, OWNER :, n ad,.e,r."hall give fiend for the Acceptance of Bonds and Insurance; Option to Replace: 5.14. If either « iOnrrrcn or GONT AGTO>v OWNER has any objection to the coverage afforded by or other provisions of the Bends er insurance required to be purchased and maintained by the ether paFty CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the h:eeting » "hell "e «etia the ether paft , OWNER will notify CONTRACTOR in writing within ten fifteen days after feeeipt delivery of the certificates 'e-� athef e,videne regeestedj to OWNER as required by paragraph 2.7. 03ALNER and G01.9RAGTOR swan sash « ..:de to the Cher n eh add:tie«"I i4effnatien in fespeet of insuranee prev:ded as the ether .« nablre ent if e:th ., art.. deer ..et rehase e '.., iWai.. all of the Bends and r,,.,......,._t" .,.h «e... shall «etia the ether ..e.-t.. in .iti„g of sash f :l. fe top -eh..ne prior to the ntaA of the \I/... -I. er of sueh fail....e t.. m :..t..in p .. tea asheng ef: remedy, the other party may eleet to ebtain equivalem RAnds a to « eteet .. eh athe.. paFty's .nte.ente a4 the expense of the ..aF. , whe was required to ..re.:de sueee,veragh e and e Ghange Order shell he issued to adjust the .. Cetrast vr:ee ap'seid:..,d., 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 E1CDC 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 permitted to lapse on account of any such partial use or occupancy. ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment. 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday Sunday Holidays or outside the Regular Working Hours. 11 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the famishing, performance, testing, start-up and completion of the Work. 6.4.1, Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly tun 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. Alt materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal "Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is- pennitted, 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 matetial 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. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting) The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. if the Stippieffientafy Genditien Biddin 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 ad,a.,ee efthe " e""'ed date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER —,-an" CONTRACTOR CTO h subFiiitted a list thereof OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) e€ erganization se identified may be revaked en th basis ef reasonable ebjeetieft after due in L.' h ease !`O1 URAGTOR shall submit an adjusted by the diflefeftee in the east eeeasiefied-b�y qlwh suliAtutien and an eppFepfiate Change Or will b a Vhift_ _'_ne _ame_.......e.,will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or organization on the Work unless prior written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations perfomvng or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in , dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any meet, agreement is ...:0.. ,. SubewerAfaeter er Su"live. ... o :.. listed as -Rfi _addi6enal instifedr the pr-ep,...t.. insuFanee preN.:dad in paragraphs 5.6 or- 5.7, the ageeemet4 between he Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. EJCDC GENERAL CONDITIONS 1910-9 (1990 Edition) 14 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. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the project. Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex