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113060 MOUNTAIN CONSTRUCTORS - CONTRACT - BID - 5932 MASON STREET HARMONY ROAD SPRING CREEK BIKE P
,xw 41 tia"A _ r _... 1 SPECIFICATIONS AND CONTRACT DOCUMENTS for Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail R Bid No. 5932 City of Fort Collins PURCHASING DIVISION 215 North N Mason Street, 2"d Floor, Fort Collins August 30, 2005 — 3:00 (Our Clock) 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 the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract. Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that 12/03 Section 00100 Page 2 noting particularly the relations of the payment nxluested to the, schedule of valu work completed and materials and eguiLinent delivered at the site but not incorporated in the Work. 9.3 w2.I4,m Complgtion 93 Y.14 1 _i3efore lSiGjNFER_ jues a ett Gi&cats of S.u6sisn 61 CamOletion. sulmiit to CONTRACTOR a list of observed items reNa7I1¢ corregttan m Campleron 932141Conduct fuel xnstnecttah in the company of the ENGINEER, OWNER and CONTRACTOR and prepare a ftrml list of items to be corrected or completed 9.3.2 IQ 3. Observe that all items on die flna}...Iist hate bean ctureeted_ar_caapglet®da.._nd MAC recommit letions to_ ENGNEEa concerrangacceptance 9.3.3. Limitation of Authority: The Representative shall not: 9__331� Authorize _stt� dcyistiora front the Contract thxuments or accent eny a�l>siituie �atl.s�l�Pasl�lt>_uta���1�� �th� EN(ii'�IR 9,13.2. Exceed limitations of ENGIN Is npidhority asset forth in Lhe Contract IDMIMents 9.3.:i.3:_. Undertake anpy ci the respc�raibilities of the rONTRACTOR_ Sutwnntreot xc r �4V_ ti�s�t. _lion Itrl�t�ve to dr aItte _cbtptrol ovgr3 as,.,pect of the meeans,�metho_d% _techitigtie +e9uences_.ar sped�tcallylaalied for itt.t}�Cct Dueumerna 9_3_3.5. Advise on cr issue _ duectjare e utrortsan�i ro ens i _t t>ecxions with the 93 3,6. Acert_Slopw ,Oren sampir submittals from anyone other than the CONTRACTOR. 9_33 3. Authorize(?WN�SR to.._ctcct�. the Work in whole or 'non — 93.3 S.— Participate in speaadiaed field or lilxhtsto tests or ' oohs sanducteii _ others ENG1�E2 ifiCall a by the Ctarfficorions mid Iaterpreationr. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the tsJ(.W-GENERALCONDIMO-N$1v1o4 tt490E"mj a/CITY OF FORT C: LUM MODISC:ATIONS MEV4X10001 requirements of the Contract Documents (in the form of Drawings or otherwise) as 04GINEM may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents, Such written clarifications aril interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract price ur the Contract Times and the parties are tenable to agree to the amount or etdent therco£ if aro,, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or Article 12. Awtkaized b$riatiuns in Works 939 ENGINEER may authorize minor variations in the Work from the respuiremcris of the Contract Documents which do not involve an adqusmneznt 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 Docum eves. These may be accomplished by a Field Order and will be tmnditig of OWNER and also an CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable m agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written. claim therefor as provided in Article t t or 12. ftecting Defective Wok 9 6. ENGINEER will have authority to d rove or reject Work which ENGINEER believes to be defective, or that ENGNEER 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 functi whole as indicated by the Contract Documents ENGINEER will also have authority to require special inspection or testing of the World as provided in paragtuph 139, whether or not the Wait is fabricated, installed or completed Shop Drawings, Change Orders and Payments. 9.7. In connection with ENGINEER'S authority as to Shop Drawings and Smnples, see paragraphs 6.24 through 6.28 inclusive, _ 9.8. In connection with ENGNFER.'s auducity as to Change Orders, see Articles 14,11, and 12. 9.9. In connection with ENGNEER's authority as to Applications for payment, we Article 14. Determinatiomafvr unit Ptkrs. 9.10. ENGINEER. will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENG24EER will review with 0ONTRACTOR the ENGINEER's preliminary determimahotratm such matters before reaidering a wrimert decision thereon ft recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision tereort will be front and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR dchvers to:the other and to ENGINEER written notice of intention to appea1 from ENGI NWR's decision and: (i) an appeal from ENGINFME Is decision is taken within the time limits and a% accordance with the procedures set forth in Exhibit GC mil, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR putsuani to Article 16, or (i) if no such Dispute Resolution Agreement has been enteral mtq a formal proceeding is instituted by the appealing party in a form of amtpetent jurisdiction to exercise such rights or remedies as the appealurg; patty may have with respect to ENGI EER,'s decision, unless otherwise peribaa 3tapl will not beto the procedures of paragraph911, Decisions on Dirp oer 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 rcbrtit�g to the acceptability of the Wok or the interpretation of the mAluirana is of the Contract Documents pertaining to the performance and famishing of the Work and claims tauter Articles 11 and 1 } in respect of in the Contract Price or Contract Times wit be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paaragraph. Written notice of each such claim, or other matter will be delivered by the claimant teO1NEEiR and the other pert} to the rt promptly (but. in no event Iota them thirty da athe sun of the occurrence or event giving rive dwato, and written sullpha data wi11 be submitted to ENGINEER and theme within sixty days after the mart of such occurrence or event unless ENGINEER allows an additional Moth of time for the submission of additional or more accurate data in support of such "in. dispute or other matter. The opposing patty shall submit any tie to ENGINEER and the tilaimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time}. ENGINEER wtlt retider a Bxmai demur in writing within thirty days after receipt of the opposing patty's submittal, if any. in accordance with this paragraph ENGINEERS written, dlecisioton such claim, or other matter will be final and binding upon OA=M CONTRACTOR unless: (i) an appeal from ENGL*IEER's demon is takers within the time limits aril in acedrdkm is with the Cpoouadwes act forth in FXHMIT GC -A. " Reatihititn Agreemen r, entered imo between OWNER and CONTRACTOR pursuant suant to Article 16, or (it) if no such Dispute Resolution AVaernat has been entered irhto a wriom notice of intenuon to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER. within thirty days utter the date of wilt decision &W a fmnal proceeding is instituted by the appealir,� party ie a forum of txnmpetent juriadk t chi to exercise suchh rights or remedies as the appealing party may have with rat e�:ta sub claim, dispute or chic matter in accordance with applicable taws and Regulation within suety drays of the date of such EXI)COENQtALCONDITIOM19to- 09"E tw) 22 w/CITY OFR&TOOLUMAddD7h MIONS OtEV4nOW) decision, unless otherwise agreed in writing by OWNER aW CONTRACTOR 9.13. When functioning as interpreter and judge under paogmphs9.10 and 9.11, ENGINEER will not , ppaatattiaInv to OWNER or CONTRACTOR and will not he liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by E NGL\EER pursuant to paragraphs 9.10 or 9.11 with respect to any such clean, dispute or otter matter (except any which have been waivcdby the making or acceptance of final payment as provided in paragraph 14.15) will be a cwAttm premdens to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have ureter the Contract Documents or by Laws orRegttlations in ,of arty such claim, dispute or other Yiu1a l ti: 9,13. Lb nftadem on FNMEER's Auth ori4- and Regwm8Mdes. 9,13,1. Neither ENGINEER's authority or responsibility tender this Article 9 or under any other 7=;of the Contract Documents nor any decision made ENGINEER in plod faith either to exercise or not exdemse such aW=V or responsibility cc the rntidkcrtali exercise or performance of any authority oresponsibility by 6NGTNEER shall create, impose or give rise to any duty owed by EsvMEER to (3ONTRACTOR, any Subcotracror, any Supplier, any otter person or organization, or to any surety for or employee oraget of any of them. 9.13 Z ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOWs means, methods, techniques. sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of t DNTRACTOR her comply with Laws and Regulations applicable to the Banishing or performance of the Wok. ENGINEER will not be responsible for CONTRACTOR's failure to perform or Burnish the Work in accordance with the Contract Documents, 9.13.3, ENGINEER. will not be responsible for the nets or omrasiotS of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or orpm athon performing or Ilraishmg any of the Work 9.13.4. ENGINEER's review of the final Application for Payment and acaunpanying documentation and all mainterarice acid operating mocha, schedules, gummnt"& Bands and certificates of inspection. tests and approvals and other docuumertationrequired to be delivered by paragraph 1412 will only be to determine generally that their content complies with the requiremsrts of and in ease of amfhcstes of impectiow, tests seal approvals that the results certified indicate ccdnphanee with, the Contract 9.13.5, The bmitatiohs upon authority and responsibility set forth in this paragraph 9,13 shall also apply to ENGINTEMs Cortstdtants, Resident Project Representative and assistants. ARTICLE 10-C1IANGES IN THE. WORK 10.1. Without invalidatmmgg the Agreement and without notice to any surety, OW? TA may, at any time or frcxn time to time, order additions, deletions or revisions in the Wok. Such additions, deletions or revisions will he authorized by a Written Amendment, a Change Order, or a Work Change Directive, Upon receipt of any such document, CONTRACTOR shall prompprttlY proceed with the Wok involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 102 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract lfice-or an adjustment of the Contract Times that should be allowed as a result of a Weak Change Directive, a claim may be made there -fa as provided in Article I I or Article 12. 10.3, CONTRACTOR shall net be entitled to an increase in the Contract Brice or an extension of the Contract Times with respect to any Work performed that is not rcgmired by, the Contract Documerm 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.A. OWNER and CONTRACTOR shall execute appropriate Change Orders recornmen ded by EhTGMUR (or Written Amendments) covering: 10A L changes in the Work which are (n) ordered by OWNER pursuant to paragraph 10:1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting &fective Wok under parrgraph 13.14, or (iii) agreed to by the parties. I0.4.2. changes in the Contact Price or Contract Times which are agreed to by the patties, 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 parag7aphi 9.11; provided that, in lieu of executing any such Charge Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract fkuurnemts a�npdp �ap�plicable Laws aril Reguld but during any such avpaal, CONTRACTOR shall on the Work and ere to the progress sc as provided in paragraph 6.29. 10.5. If notice of any change affeding the general scope Of the Work or the provisions of the Contract Documents EJCOC>OF,NEaAL COM)IMONS 19e03 ir990 Eeltim) wl MY OF FORT C:Ot. M?rnWaICATIONS QiEv 4,2000) (including, but trot limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surettyy, the givin*. of am such notice will be CONTRACTOR's responsibility, and the amount of each applicable Band will be adjusted accordingly. ARTICLE 11- CHANGF, 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, resporissibilitics and obit' tions to or undertaken by CON f RACTCIR shaD tie at C�4CTOR"s expense without change in the Contract Price. 112 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contact Price shall be based on written notice delivered by the party making the claim to the other party and to E+GINZEER promptly (but in no event late than thirty rays) utter the start of the occurrence or event giving rise to the clam and staring 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 tine for claimant to submit additional or mote accurate data in support of to claim) and shall be accompanied by claimant's written statement that the a4lustatent diumed covers all Brown amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Crnmact price shall be determined ENGINEER in amoidance with paragmph4:11 if OWNER, and CONTRACTOR camwt otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted inaccoed&= with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment it the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit pxims 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 119.1 through 119.3, inclusive); 11.32. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agoxd payment basis, mi uiing 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 Corarad Documents and agreemmt to a lump scam is not reached under I L1Z; orn the basis of the Cost of the Work clowetrnrned as provided in paragraphs 11.4 and 11.5) plus a. CONTRACTORS fee for overhead and profft (detetmared as provided in paragraph I L6). Cost ofthe Work; 11 A. The terra Cast of the Work means the srmt of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be oFwd to in writing by OWNER. such casts shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the Mowing items and shall not include any of the costs itemized in pazagraph 113: 11 A 1, Payroll c sts for employees in the direct employ of CONTRACTOR in the performance of the World under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation foreman and outer personnel employed full-time at the site. Payroll casts for employes not employed full-time on the Work shall be apportioned on the basis of their time spent on the Woo& payroll casts shall be limited we salaries and wages plus the oad of fringe benefits which shall include social security contributions, umnipkhyment, ocam and payroll taxes, workers' campereatlon health •t+finmetbanefi see applicable thereto. The e�nertses of performimg�wk after regular working hours, on Smarday. Sutuayor legal holidays. shall be included in the above to the extort authorized by OWNER, 11.4:2, Cost of all materials and oquipmert furnished and into porawd in the Work, including coats of transportation and storm thereof. and .Suppliers' field services required in connection therewith Ali cash discouru almll acme to CONTRACTOR unless OWNER deposits twrls with CONTRACTOR with which to make payments, in which caw the cash discounts shall accrue to OWNER. All trade discounts, rebates and refiuds and returns from sale of surplus aaterials and agnupmesx stroll accrue to OWNER, and t]nNTRACTOR shall make provisions so that they may be obtained 11.4:3, payments made by CONTRACTOR to the Subcontractors for Work pa'tbrmed or furnished by Subconaactar. If required by OWNER, EXM b&2aER& CONDMON5191d4-(19" Eoatim) 24 WC1TYOFF0kTarruxMMODIFICATIONS (REV 4n000) CONTRACTOR shall obtain oompetitwt 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 saboontract provides t o the Subcontractor into 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 CONTR.ACTOR's Cast of the Work and fee as provided in paragraphs l I A, 11.5, 11.6 and 11:9. All subcontracts shall be subject to the other provisions of the Contract Domments insofar as spphcable. IJAA. Costs of special consultants (inchuding but not limited to engineers, archiect" to�g laboratories; surveyors, co rs, attorneys and aoumarhts) employed for services spoclfleally related to the Work. 11.4.5. Supplemental costs including the following: IL4:5.1. The prupgrtton of necessary, transportation, trove a1 nd strbsiWZ mghmsesof CXJNTRACTOR* employees itwurred in discharge of duties oormected with the Work. 11.4,5.2. Cod, including transportation and maintassnx, of all materials, supplies, equipment, machinery, applisnom office and temporary lacilites at the site and hand tools not owned by the workers, whicin we arnsumed in the pariatamiee of the Work, and cast 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 parrs thereof whether tared from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the costs of tratupnttation, loading, unload, unstallatior% dismantling and removal theeo —all in accordance with terms of said rental agreements: The rental of any suedh equipment, machhinery or parts shall cease when the use thereof is no longer necessary for the Work. 11,4.5.4. Saks, consumer, use or similar tames related to the Woik, and for which CONTRACTOR is liable, imposed by Laws and 11.4.5.5. Deposits lost %r causes other than of CONTRACTOR, any S odor or anyone directly or indirectly employed by any of then or for whose acts any of them may be liable, and royalty paymem and fees forpermits and ltunom 11.4.5.6. Losses and shamages (and related oxper=) caused by damage to the work, not oemperisated by insrtramei: or otherwise, sustained by CONTRACTOR in connection with the performance and fumishow- of the Work (except losses and damages within the deductible amounts Of pro�xrt} insurance established by OWNER in accor ce with paragraph5.9), provided they have resulted from causes other than the tgence of CONTRACTOR, any Su cror, or anyone directly, or indirectly employed by any of there or for whose acts any of them may be liable. Such lasses shall include settlements made with the written consent and approval of OWNER No such losses, damages and egxmsas shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. I however, any such loss or damage requires reconstruchon and CONTRACTOR is placed in charge thereof CONTRACTOR shall be paid for services a fee proportionate to that stated m paragraph 11-6.2, I IA5.T The cost of utilities, finct and sanitary famihities at the site. 114.5.5. Minor expenses such as telegrams, long distance telephone calf telephone service at the site, expressage and similar petty rash items in connection with the Work. 11.4.5.9, Coat of premiums for ad4tioal Bonds and insurance required because of changes in the Work. h 1.5. The term Cast of the Work shall trot include any of the following. 11.5.1. Payroll costs and tither compensation of CONTRACTOR's offioem executives. principals (of partnership and sole proprieairships), general managers, engineers, arclute, ts, es imators, attorneys, auditors, accountants, purchasing and contracting agents, exp edliters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site _or in CONTRACTOR's prim*l or a branch office for general administration of the Work and not specificallyy included in the agreed upon schesluhe of lob classifications referred to in patagmph 11.4.1 or specifically covered by paragraph 11 AA -all of which are to be considered admittisttmuve costs covered by the CONTRACTOR's fee. 1132 Expenses of CONTRACTOR's principal and branch offices lather than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRAC'TOM; capital expenses, including interest. on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent nt payments. 11.5A Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to and maintain the same (execp( for the cost of premiums covered by subparagraph 11 4.5.9 above). EJtl7OCOEM RAL OONDITIOM 1910.8 (1"0 Ecitim) cad CITY OP PORT t?OLf M MODIFICATIONS'OtEV42000} 11.51 Costs due to the neghigenee of CONTRACTOR, any Subcontractor, or anyone directly or bulirecdy employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of ekfecrim Wok, th-TAMI of materials or equipment wrongly supplied and making good any damage to property. II,Lb Other overhead or general expense costs of any kind and the musts of any item not specifically and expressly included inparagmph 11.4, 11 A The CONTRACTOR'S fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fused fee; or 11.6.2. if a fisted fee is riot agreed upon, dum 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 114.1 and 11.4?, the CONTRACTOR's fee shall befrfteenpercent; 11.6.2.21 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 Cast of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs I] Al, 11.4,2, 11.4.3 and 11.6.1. 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 fear o the uq�bx nrgoti t d ta�Sf�i�1 �t'i�1 .9?i�:�l�'RLu4 cat t� sas�od live pmr=m of the am_au tt paid to the next hewer 11.614, no fee shall be payable on the basis of casks itemized under paragraphs I L4.4, 11 A.5 and I I.5; 11-6,23, the amount of credit to be allowed by CONTRACTOR to OWNER for ark' m which results in a net decrease in cost call l� amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of rich net decrease; and 11.6.2.& when bath additions and credits are involved in any one change, the adjustment in CONTTRACTOR's fee shah 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 cast of any Work is to be 25 determined pu€aiarxt to paragraphs 11.4 and 115, CONTRACTOR will establish and maintain records thereof in acoordance with generally ace accoun practices rm ting actices and submit in foacceptable to hrGII�,R an uanizcd oat breakdown together withsuprparting data. Cash Mawaaees: 11.8. It is understood thatCONTRACTOR has included in the Contract Price all allowatxvs so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for swh sums as may be sco"bla to OWNER: and ENGMER. CONTRACTOR agrees that. U.8.1, the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equpre%t required by the allowances to be delivered at the site, and all applicable tiom, and 11.8.2. CONTRACTORs costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowamxs have been included in the Contract Price and not in the allowances and no demand for additional payin ant on account of any of the fo regou g will be valor. Prior to final paymet, an appropriate Change Order will be issued as recommended by ENGB4MR to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 119. Unit Price WOOL 11.91. Where the Contract Documents provide that all or part of the Wart is to be Unit Price Work, initially the Contract Price will be darned to include for all bhilt Price Work an amount equal to the scan of the item of Utat Price Work times of .each item as indicated in FR not guareriteed and 11.9.2: Each unit pry will be deemed to include an amount gartered by C ill to be adequate to cover CONTRACTORs overhead and ptofrt for each separately identified item. 11:9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract price m ad cordenw with Article l I if 11.93.1. the of any item of Unit price Work d quantity CONTRACTOR difle s materially significantly flan due estimated quantity of such am indicated i the Agreemera; woos ma AL Cd}MMOM 19104 (1990 Ebeitn) 26 wrdrTvOFEoaTCOLUM tayrvtcanoraadlXV412000) and 11.9.3.2. there is no corn adjustment with respect to any other item of W ; and 11:9.33_ if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having ilwunred additional o pense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amatnt of any such increase or decrease. 11.93.4, CONTRACTOR admgwledlaes that the OWNER hms:tli0 tigF ¢ to add or delete items in the Bid or cla a ar8itics at OWNER'S sole env the Prime of rem mi item so ahg as the de etidm or addtion does not exceed twety-five o rcent of the f-igtnal tosa_1_Cur dPim ARTICLE ls--CHANGE OF Co vTRACT z MES 12.1. The Contract Times (cT Milestones) may only be changed by a Charge Order or a Writum Amendment. Any claim for an adustman of the Contract Times (or Milestoras) stall be based on written notice delivered by the pony making the claim to the other party and to ENGINEER promptly (but in no evatt later than thirty cays) after the occurrence of the evert giving rise to the clainn and atapng the ga��eaai nurture of the claim. Notice of the Mnmt of be clam with agrporting data shall be delivered within shay days after such aocarretice (unless IN ENGEER allows additio al time to ascertain more accurate date in support of the claim) and shall be accompanied by the claimads written gatement that the adjueaaeut claimed is the attire adj gmem to which the claimant has rmson to believe it is entitled as a result of OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustmet in the Cotmd Tires (or Mles ones) will be valid if not submitted in accordance with the requirements of this paragraph:111, 12,2. All time limits stated in the Contract Doaimerits are of the essence of Agreement. 12.3. Where CONTRACTOR. is prevented from winpletig any part of the Work within the Contract Times (or Mles) due to delay beyond the control of CONTRACTOR, the Contract Times (or 3viitenonrs) will be wdanded in an amount eluab to timelostdue to such delay if a claim is made therefor as provided in �C12.1. Delays beyond the control of TOR shall include, but not be limited to. acts or ng0ed by OWNER, acts or neglect of utility owners or other contractors performing odira week as contemplated by Article 7 fire;, floods, epidarrucs, abnormal weather oarditwm or acts of God Delays attributable to and within the control of a Subcontractor or Supplier stall be deemed to be delays within the control of CONTRACTOR. 12A 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 pawn or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting ftom (i) delays caused by or within the control of the CONTRACTOR, or (r) 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 perfuming other work as contemplated by Article 7. ARTICLE 13--TESTS AND MTECTIONS; COI2KF.tMON, REMOVAL OR ACCEPTANCE; OF DF EC'TIVEWORK 13.1, Notice t Defects.: Prompt notice of all defective Work of which OWNER cc ENGINEER have actual knowledge will be given to CONTRACTOR All defective Wort: may be rejected, corrected oraccepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGMEER's Coawritants, other represettati es an' personnel of OWNER, indeper=t testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasararble-times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and sale conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Testsandingmetions: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals and shell cooperate with inspection and testing personnel to facilitate required inspections or tests. 13A OWNER shall employ and fay for the services of an independent testing laboratory to perform all inspectior, 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 insured in connection with tests or inspections conducted pursuant to pamgraph 13.9 EXDCOENERAL CONDMOM 19104 (1990 Edtim) wf CITY OF FORT OOtd M MODIRCATnONS OtEV 4ISa00h below shall be paid as provided in said paragraph 13.9; and 13.43, 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 tlusaat} 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 1-;NGV,%-bR the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all coals in connection with any ins ecuons, tests or approvals required for OWNER's and MgGINEER`s acceptance of materials or equipment to be incorporated in the Work or of materials, mix design, or egwpncm submitted for ap�rnai prior to CONTRRAACTOR's purchase thereof for inwrpuradon 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 ENGINMR, it must, if requested by ENGINE I72 be uncovered for observation. 13.7. Uncovering Work aspraided in paragraph 13.6 slap lst at CONTRACTORk expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's vttention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Wok: 13.8. If any Work is cowered to the written request of FWGINEER, it m� requested by ENGINEER, be uncovered for LNGINEER's observation and replaced at CONTR,ACTORs expense. 13.9. If F:NGINTER 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, eVm or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question fumishrng all necessary labor, material and equipment If it is found that such Work it defective, CONTRACTOR small pay all claims, costs, losses and damages caused * wising out of or resulting fan such uncovering exposure, observation, inspection and testing and of satisfactory replacement or reconstuctian, (including but not limited to all costs of repair or replacement of work of othersy, and OWNER shall be entitled to an appropriate decrease in the Contract Rice, and if the patties are tenable to weeas to the amount thereof, may make a claim therefor as provided in Article 11. If. however, such Wok is not fonaxl to be defective, CONTRACTOR shall be alloyed an increase in the Contract Price or an extension of the Contract Times (or Milestones}, or bath, directly attributable to such 27 u» cownro& exposure, observation, Itts Me testing' replacement and reconstruction; and, if doe parties are unable to agree as to the amomot of odeht thereof; CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Wok is defective. or CONTRACTOR to supply sufficient skilled workers or suitable materials or equiptmem, or fails to furnish or perform the Work in such way that the completed Work will conform to the Contract Documents, OWNER may ode CONTRACTOR to stop the World, or any portion thereof, until dw cause for such order has begirt eliminated, however, this right of OWNER to stop the Work shalt not give rime to any duty on the part of OWNER to coemisc this tight for the benefit of CONTRACTOR or any surety it other party. Correction :arRento tgfD#kt(veWork; 13.11. If required by ENGINEER, CONTRACTOR slap promptly. as directed, either correct all defective Work, whether or not fabno ted, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replacer it with Wok that is not & ective. CONTRACTOR shall pay all claims ass, losses and damage caused by or resulting from such correction or removal (including but not limited to allcostsof repair or replacement of work of othars). 13.11 Camadxiwn Period 13,12.1.1E within aria yaaF t_wa veara after the date of Substantial Completion such longer period of time as may be prescribed by Laws or Regulations or by the terms of arty applicable special gueia tee required by the Contract Docu mems or by: any specific provision of rite C mnict Dooumerils, any Wok is fotind to be de)ective, CONTRACTOR shall promptly; without ooa to OWNER and in awordatre with OWNER's written inattrutpota; (i) correct such defechveWork, or, if it has been injected by OWNER, remove it from the site and replace it with Wokk that is not defective, and (i i) satislbcurily corrector remove and replace any damage to other Work or the wok of others resulting therefrom, If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would awe serious risk of loss or damage, OWNER. may pave the defective Work corrected or the miected Wok removed and replaced, and all claims, costs, losses and camagascaused by orresulting from such removal and replacement (including brit not limited to all costs.of repair or replacement of wok of dlhuas) will be pain by CONTRACTOR. 13,121.In special circumstances where a particular item of equipment is placed in continuous service bakire Substantial Completion of all the Work, the correction period for that item may start to nun f om an earlier date if so provided in the Specifications or by Written Amendm nit 13,123. Where de eve Wok (and damage to other ENMC-O AI.C©O,NDMOt$191"(19"Ed c I 28 tvl CITY OFFOttTOOUIMMMMCAT1ONa(tdhVV100a' Work rat ulting therekomt) has been corrected, removed or replaced under this paragraph 13.12, the correctitm period hereunder with respect to such Work will be extended for an additional period of am year two years after such correction or removal and replooemeni has been satisfactorily completed. Adrepkrrtce of Weave Work 13.13. If, instead of r corrodion or removal and replacement of &fiave Work, OWNER. (and, prior to ENGINEER's recummerdatum of final tmymtent, also ENGITiM) piers to acoopt it, OWNER. may do so, CONTRACTOR shall pay all claims. scats. lasses and damages attributable to OWNER% evaluation of and determination to accept such drfecaveWork (xxhdxaststo be approved by ENGINEER as to reasonableness). If any such acceptor= oxsrs prior to ENGINEER's recommendation of final paymat, a Mange Order will be issued inoorporatirtg the nnom=ry revracess in the Contract Documents with respect to the Work; and OWNER she11 be entitled to an appropriate decrease in the Contract Prim, and, if t�es are unable to agree as to the amount tliered, O may make claim therefor as provided in Article I I. If the acceptance occurs after such recommendation, an ate amomrt will be paid by CONTRACTOR to OWE OWNER Mar Correc7Agjecaive Worh: 13.1.4. If CONTRACTOR fails widen a reasonable time after written notice from ENGINEER to correct ddafective Work or to mmove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work at accordance with the Contract Docum eru t r if COONTRACTOR. fails to comply with any outer provision of the Contract Documents, OWNER may, after seven days` written notice to CONTRACTOR, correct and remedy any such deficieney. In exorcising the rights and remedies under Otis paragraph OWNER ftU prooeed aped busy. In connection with such can -active end remedial action, OWNER may omkide CONTRACTOR firm al or pan of the site, take possession of all or part of the Work, and suspend OONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, applattces, 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 Bored elsewhere. CONTRACTOR shall allow ,OWNER, OWNER's mprese taiyes, agents and em oyeas, OWNEWs other contractors and ENG and ENGINEER's Consultants access to the site to enable OWNER to exercise the rie is and rmnedim rarer this paragraph All claims, cost& leases and damages incurred or suaamed by OWNER in exerosug such rights and remedies will be Barged against CONTRACTOR and a Change Order will be issued incorporating the rteaasary revisions in the Contract Document& with respell to tiro Work; and OWNER dull be emitted to an appropriate decrease in the Cotract-Mice, and, if the, are unable to apm as to the amount thereo& 0 may make a canal therefor as provided in Article I I_ Such claims cantos low 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 Olwm of OWAIER's rights and remedies hereunder. ARTICLE 14--PA WMENT5 TO CONTRACTOR AND COMEPLE11ON &her6nie of Vataes: 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. Proarcu payments on account of L7nit Price Work will he based on the number of units completed. 'Whoadon for PreentcrPaymimt 14.2. At least twenty days before the date established for each progress payment (but not more often than once a math). CONTRACTOR shall submit to ENGINEER for review an AApppplication for Pit meet filled out and signori. by CONTRACTOR covering the Work completed as of the date of the Application and 117in ani 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 thereat, all of which will be satisfactory to OWNER. The amount of'retainage with respect to progress Payment; will be as stipulated in the Agreement (ttpds tha e wiU�e _b tl OWNER shall not be subpea to substitution by tine C'ONTRACfdi with scunttes or�arra_ etf?.ett xt?S'..alyO' an esxarnv cx ecutirta the application fa pavmennt f CONTRACTOR eatoresslt waives his n&A � the ttenefib o C atmtkn Revised Statute Secit,,,;, 24 9I-1t�1, et sea. CONTR4CfOR'sWarnuity of Tidc 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 Renew ofAMUo2dons forPrnpvn Payment 14A. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EXMCGENIRALCOttotttONS 1910s (1"0 Edkiwa wfCITYOF FORTCOLUM MODIFICATIONS taava2oarl recommendation of payment and prese it the Application to OWNER, orreturn the -Application toCONTRACTOR indicating in writing ENGINEER's reams for refusing to recommend payment. In the lacer 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 wild (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be Fetid by OWNER to CONTRACTOR 14.5. ENGINEERS. recommendation of any payment requested in an Application for Payment will curutitute a representation by ENGINEER to OWNIil2, based on ENGINEER's on site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying date and schediijes. 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 duality 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 Do umctai, to a final determination of quantities and ciassifioariare for Unit Price Merck under paragraph 9.10. and to any other qualifications stated in the recommendation), and 14.53_ 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 Wok. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that (i)exhaustive or continuous ondite 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 (ra) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OVVI-M to withhold payment to CONTRACTOR 14.6. PNGINFMRS recommendation of any payment, including final payment. shrill not mean that ENGINEER is responsible for CONTRACTOWs 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 iirnishmg or performance of Work or for any failure of CONTRACTOR to perform or furnish Work in accordance wither Com met Documents 14.7. ENGINEER: may refitse to recommend the whole or any pan of any payment iC in ENGINEERS 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 epnmm to protect OWNER from loss because: 14.7.1. the Work is drfiicrive, or completed Work has been damagedmryiring coreotion orreplacemetut, 14.71. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to comet de ectiiv Wick or complete Work, in accordance with Paragraph 13.14. or 14.7.4, ENGINEER has actual knowledge of the oecrrrrice of any of the events emai irxated in paragraphs 15.2.1 through 15.2A indusive. OWNER may refuse W make payment of the fill amount recommended by ENGINEER because 14.7.5. cleans have been made against .OWNER on account of CONT.RACTOWs performance or fornisiunng of Work, 14.76. Lions have been filed in connection with the Work, except whet CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and disd>watgge ofsuchLiens, 14.7.7. them am other items entitling OWNER to a sa. ofTaganstdte amowureoommermed:a 1431. OWNER has sexual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through I4.7.3 or paragraphs 1523 through 15.2.4 imiusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) sating the reasons for such action and pimptly lay CONTRACTOR the amount w withheld, or any atoqqusnmerz thereto agreed to by OWNER and CONTRACTOR. whom CONTRACTOR corrects to OWNEWs sithallictm the reason for such action. 14.8. When. CONTRACTOR oondders the entire Work ready for its intended use CONTRACTOR star no* OWNER and ENGINEER in writing that the antie Work. is suiistai tially Complete (except fcx items speaficadly listed by CONTRACTOR as incomplete) and request that ENGINEER issue a catifntaee of Substantial C,emn letiori. Within a reasonable time ttoei cattier, OM CONTRACTOR and ENGINEER shall make an inspection of the Work W 'determine the status of completion. if ENGINEER does not consider the Work substantial})^ complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefr. If ENGINEER EX=CENFdtAL CONdt7IOM 191P8 (1"O FsMm) 30 WCITY OFFOPTCOUIMMUDMCrnotastal:van000> considers the Work substantially complete, :ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shalt fix the date of Substantial Completot There shall be attached to the certificate a teritive list of items W be ccenplded or corrected before final }per+y ent OWNER shall have seven days after receipt of !1! C tGitative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. I& after Cwsiderir4 such objection ENGINEER concludes that the Work is not subsantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. lly 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 fist of items to be completed or corn reflecting such changes from the tentative certificateGl ER believes justified after ornaidenthon of any objections titm OWNER. At the time of delivery of to tentative certificate of Substantial Completion ENGINEhiTd will deliver to OWNER and. CONTRACTOR a written reoommemdatio n as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintommoc, best, utilities uraamnce and wanamim surd guarameea LW as OWNER and CONTRACTOR aWee otherwise in writ�. and so in, ENGINEER in writing pm W ANGINEE3t's is u ng the definitive certificate of Substantial Completion, beb elan, ��.'R ENGIN 's aforesaid recommendation will on OWNER and CONTRACTOR until foal payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work all= tine date of subeRantiai Completion, but OWNER shall allow CONTRACTOR reasonable access W complete or correct items on the tentative list: Pat" £TNElasddmc 14;10. Use by OWNER at OWNEKs option of any substantially completed part of the Wok, which: (i) has specifci llyy been idermfitid in the Contract Doeutmerits, or (ii) OWNER. ENGIlZM and CONTRACTOR agree constitutes a separately Amcdomng and usable part of the Work that can be used by OWIGM For its intended purpose widt ut significant interference with CONTRACTOWs perbimimee of the remainder of the Work, may be accomplished prior to <Substantial Co npletiatof all the Work subject to the following: 14A0,I.QWNER at any time may request CONTRACTOR in writing to permit OWNER muse any sudnpart of the Work which OWNER believes to be ready for its idaided use and substantially oc mjillate, If C.ONTRACI OR that such of the Wok is subsonHially CONTRACTOR an will call& to OWNER d MM that such ENGINEER to issue a eotiGente of Substantial Completion for that part of the Work_ the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to 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. 12/03 Section 00100 Page 3 CONTRACTOR at any tune may notify OW'?NER and ENGLNTM in writing that CONTRACTORexnsiders any such part of the Work ready for its int+rndcd use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasomble 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 trot consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in wrong giving the reasons therefor. If ENGINT-YR corwdess that pats of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Comptchon 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. Finallnspeciion; 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 time Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. FinnAppUcatiaa for Paymeat. 14.1Z After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered m accordance with the CormAct Documer is all maintenance and operating instructic A schedules, guarantees. Bonds, certificates or other evidence of irsumnce required by par SA, certificates of inspection, marked -up record=cnts (as provided in pamgmph 6.19) and other documents, CONTRACTOR may make application for firs] payment following the procedure for progress paymam. The final Application for Payment shall be accomparned (except as previously delivered) by: (i) all docmnentation called for in the Contract Documents, including but not limited to the evidence of insurance required bw subparagraph 54.13, (iiconsent of the surety, if any, to final payment, aril (iini) complete and le&d y effedive releases or waivers (satisftctory to OWNER) of all Liens arising out of or filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full aril 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 ocamected 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 faits EMCaeNSRncwNDITIOtas ulna (tmsdkimt w<t7TY OF FORT CX)I:f:rNS MOO€FiCGtTtONSOLEV 42000) to furnish such a release of receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify 0XVNER against any Lien Releases or waivers of liens anti the consent of the surety to finalise Paymem are to be sin itted m farms conforming to the format of the OW?*,R'S standard forms bound m the propect matrual, Final Payment and Aectptaace; 14.13. If, on the basis of ENGINELR's observation of the Work during cornsuuction and final inspection, and p,NGiNEMs 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 C ONTRACTOR'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 LNGINEWs recommendation of payment and present the Application to OWNER for 'payment. At the same time ENGINEER will also ggmmve written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14,1 S. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final paymem, 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 FNGINTsER's recommendation and notice of acceptability, the amount recommended by ENGINEER will became due and will be paid by OWNER to CONTRACTOR 3u 'cet to pKg[Vh 19.6.2 of these �l.C9tl�ll�kR 14,14, It, through no fault of CONTRACTOR, final «mmpI ticn of the Work is significantly delayed and if ENGINEER so co nfnms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGIIJE R, 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 lbr Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been funmished ins required in p>aragraq>h5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and a tod shill be submitted by CONTRACTOR to ENOp with the Application for such payment Such payment shallbe made under the terms and conditions governing final paymem, except that it shall not constitute a waiver of clauns. Waiver of ('lafms: 14.15, The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OUMR against CONTRACTOR, except claims arising from unsettled Liens, from defectim Work appearing after Itll firal inspection pursijant to paragraph 14,1I, from failure to comply with the Contract Documents or the terms of arty��ssppxxiiaal guarantees specified therein, or from CONTRACTOR'S cxrntimrrtg obligations under the Contract Documents; snot 14A3.2.A waiver of all claims by CONTRACTOR VA OWNER otter than those previously made in writing and still =willed. AIMCLE 15—SUSMSION OF WORK AND U MINATION 0"ERMiwSa weirdlte&— 15.1. At any time and without cause, OWNER may suspend the Work, or any portion thereof for a period of rant more than ninety days by notice in wrung 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 a4ustmart in the Contract Price or an a tension of the Contact Tiniest, or hot]% dimly attributable to any such suspension if C ONTRAC'TOft makes an approved claim therefor as provided in Articles I and 12 OS'P" May TeFxdm ere: 15.2, Upon the occurrence of any one or more of the following evens: 15.2:1. if CONTRACTOR r-*mer ly fails to petfo m 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 tinder paragraph2.9 as adjusted kom time to time ptrrauantto paragraph 6.6A 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 152.3. if CONTRACTOR duregards the authority of ENGINEER; or 15.2.4: if CONTRACTOR otherwise violates in any substantial way any provisions of tine Contract Docxm erm OWNER may, after giving CONTRACTOR (and the surety, if any) seven clays° writtcrt notice and to the extent permitted by Laws and Regulations, terminate the service-s of CONTRACTOR exclude CONTRACTOR hem the site and take possession of the Wcffk and of all CONTRACTORS tools, appliances, co nstructicn equipment and machinery at the site and use the some to the full agent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or cmwersiot* imcorporste in the Work all matenals and equipment stared at Or site or for which OWNER has paid 32 sxic xt cormtnomisto-so"oEmim) rat(7TY OFFoa.T COMM MODIFICATIONS OLEV 4Y2000) CONTRACTOR but, which are stored elsewhere, and finish the Work as OWNIM may deem expedie.ru. In such case CONTRACTOR shall not be cntitted to receive any further payment until the Work is finished. If the unpaid balance of the Coritnia Price owecds all cleans, costa losses and damages sustained by OWNER arising out of or resulting from completing the 'oirk such er<ccess will be paid to CONTRACTOR, If such claims, exists, losses and damaws exceed such unpaid balance, CONTRACTOR shall pay the Merence to OWNER. Such claans, costa losses and damages incurred by OWNER will be reviewed by ENGINEER as to their ressnableness and when so approved by ENGINEER: incorporated ins Change Order, provided t when exercising any rights or remedies under thus paragraph OWNER. shall net be required to obtain the lowest price for the Wort performed. 15.3. Whore C ONTRACTOR's services have been so terminated by OWNEI;;, the termination will not affect an ri�hts cc remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. retention or moneys due CONTRACTOR by OWNER mwill t raX release OONTRACTOR front liability. 15.4. Upon seven days' written notice to CONTRACTOR and WGINEW OWNER may, without cause and without pMudice to any other right or remedy of OWNER, *lea to terminate the Agreement:. In such case, CONTRACTOR shall be paid (without duplication of any items): 15A L for cornpleted and acceptable Work executed in a(xxrclanax whit the Contact i�mcume ppiner to the effective date of termination, including Con. d reasonable suns for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in petfoutnmg services and fianuhimg labor; materials or equipment as required by the Contract Documem in connection with uncompleted Work. plus fair and reasonable suits for overhead and profit on such expanses; 15.4:3. for all chime costs, losses and damalpes incurred in settlement of terminated contracts with Suboratutcto s, Suppliers and others: and 15.4.4. for reasonable openses directly attributable to terrminstinn. CONTRACTOR. shall not be paid on accent of loss of anticipated profits or revenue or other a enonuc Ica arising out of or resulting from such termination CONTACTOR May SYap War* ar Termbmrc 15.5. Itttt� no act orfiuk of CONTRACTOR, the Work is for a period of mace than ninety days by OWNER or wukz an ruder of court or other public authority, or ENGINEER 5tils to ad on any Application for Payment' within thirty clays after it is submittal or OWNER, fails ft thirty days to pay CONTRACTOR any Burn 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 tams as provided in pamgmph 15 4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGLNEER has faded 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 f�orpp the Work until payment of a such amounts duo CAIxTftACTOR including interest therer The provisions of this paragraph 15.5 are not intended to prcclude CONTRACTOR from making claim under Articles I I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage drrectly attributable to CON-fRA,CfOR's stopping Work as permired by this paragraph. ARTICLE 16—DISPUTE R ESOLLMON If arid to the extant that OW^_NUZ 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 arty, shall he as set forth in Exhibit GC -A, "7au e Resolution Apreanem", to be attached hereto and made a pert 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 an respect of any dispute. ARTICLE 17—MJ!SCELIAIV"EUL"S G vingNotice: 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 efTime: 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 hay of such period If the last day of a such period falls art a Saturday or Sunday or on a day made a legal bah�y by the law of the applicable jurisdiction, such dray will be omitted firm the computation EXVCGENERALCOm UTIONS lvlos (199OE Ytion) wt CITY OF FORT COLLINS MWIFICA LIONS (RE.V4,20M) 17.2.2. A calendar day (if twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: I T1 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission at act of the oil= patty or of any of the other party's employees or agents to others for whose acts the other party is legally liable, claim will be made in writing to the other patty within a reasonable time of the first observance of such injury of 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 ropose.Cumrakiti a Renne&tV 17.4. The duties -and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hercto, and. in particular but without limitation, the warramics, guarantees and obligations imposed upon C)ON,rRACTOR by paragraphs 6.1216.16. 630, 6.31, 632,13.1, 13.12, 13.14, 14.3 and 15.2 and all of the tights 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 Docu merwL and the provisions of this paragraph will be as effective as ifrepeated specifically in the Contract Documents in connection with each particular ditty, obligation, right and remedy to which they apply. Professional Fees and Court Costs lndu" 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each cow, 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. Aj&rqqm=t teferer e to two pertinent Ca _s tes are as follows; 176f. If a claim is OWN moved by law tCRS 35-2&1071 to withhold froin all payments to CONTRA TOR atrfficW fiords to mare thre oavment of all olamns far debt materials teaun hire sustenance, movisum g wader_ or other am used or constmned by CONTRACTOR or his 33 EXDCdETd MAL COMMONS 191" (19906d ") 34 W/ CITYOF FORT 0OWsMODIMCATIOM R1NUMD) (This page left blank inkmkoallg.) EJCDCGENERAL COND197ON81910-8 (1W EA6tim) 35 w! CITY OF FORT COWN3 MMFIC ATIOM OtEV V20M) BX=aENERALCOhM(MOM 1910-8'(194G 8dlioo) 36 W MY OF FOPT ODLUM MCOCAMONs en000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR D11SPUTE RESOLUTION AGRMIENT 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 claim&. disputes and other matters in question between OWNER and CONTRACTOR ansmg out of or relating to the Contract Documents or the breach thereof (cept for claims which have been waived by the making or acceptance, of final payment as provided by paragraph 14.15) will be deci od by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then cbtaintrig, 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 cr6aceable under the prevailing law of any court having jurisdiction. 162. No demand for arbitration of any claim, dispute or other matter that is required to be referred W ENGINEER tradiallv for decision in accordance with paragraph 9.11 will hic made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty -fast day after the parties have presented their evidence to ENGINEER if a written decision pas not been rendered by ENGINEER before that elate. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the elate of 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. raiders a decision slier arbitration proceedings have been initiated, such decision may be entered as evidence but will not supese ie 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. 163. Notice of the demand for arbitration "I be filed in writing with the other party to the Agreement and with the American Arbitration Amociatiaar, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thinyidsy or tentlag period specified in paragraph 16.2 as applicable, and in all other cases withmh a reasatable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the elate when institution of legal or equitable proceedings based on such claim, dispute or otter matter in question would be barred by the applicable statute of limitations. EJCDCOEN FR CONINCTIONS 191"(1990E(iticai w1 CRY OF FORT COLUNS N40DIRCATIONS OtEV 9199) 164. E.ecept as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by- consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGiNEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among (hose who we already parties to the arbitration, and 16.42 such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written ccascnt of the other person or rattily sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph, but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question Between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Suhemkactor es s petty to the arbitration beweet OVI rNFR 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 OUNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16_5 nor in the provision of such subcontract cotsearting to joirtdea• shall create any claim, right or cause of action in favor of Subcontract" and against OWNER, ENGINEER or ENGINMWs 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 fast submit any and all unsettled claims, counterclaims, disputes and other matters to question between them arising out of or relating to the Contact Documcnts or the breach thereof ('disputes"), to mediation by the American Arbitration Association inner the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them tnitia[ing against the other a demand for arbitration pursuant to paragraphs 16,1 through 16.6, unless delay in initiating arbitration world irrevocably prejudice one of the parties The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those sane applicable time limits and stall remain sttsperded until ten days a&a the termination of the med istion. The mediator of any dispute submitted to mediation under thisAgreement shall not serve as arbitrator of such dispute unless otherwise agreed EJCDCGWJtAL CONMONS 19,104 (199OEd tka) Wd CQY OFFOA7COLUM MODIRCATIONS (R8Y 9" SE 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: Geotechnical Engineering Study by Kumar & Associates, Inc., Prepared September 11, 2003 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. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: 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: - 7/96 Section 00800 Page 1 The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 12/03 Section 00100 Page 4 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . 7/96 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 9. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL o OF THIS CHANGE ORDER TOTAL C.O.$ OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved.) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 NUMBER 1 2 3 Section 00960 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 DATE Net Change by Change Order AMOUNT $0.00 The present status of the account for this Contract is as follows: Original Contract Amount: Net Change by Change Order: Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: 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. $0.00 $0.00 $0.00 9/997/96 Section 00960 Page 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units 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 $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period 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 1 $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 7/96 Section 00960 Page 3 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4OF4 On Hand This 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 7/96 Section 00960 Page 4 PROJECT SPECIAL PROVISIONS Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail Bid No. 5932 City of Fort Collins Bid Opening 3:00 P.M. (Our Clock) August 30, 2005 FHU Reference No. 02-181 CITY OF FORT COLLINS, COLORADO MASON STREET/HARMONY ROAD/SPRING CREEK BIKE/PEDESTRIAN TRAIL PROJECT SPECIAL PROVISIONS The General Conditions of the Construction Contract and the Colorado Department of Transportation's (CDOT) 1999 Standard Specifications for Road and Bridge Construction control construction of this project. Where there are conflicts between the two, the General Conditions shall control. The following Special Provisions supplement or modify the CDOT Standard Specifications and take precedence over the CDOT Standard Specifications and plans. When specifications or special provisions contain both English and metric (SI) units, the English units apply and are the specification requirement. Item Panes IndexPages -- ------------ —---------- -------------------- —------------------- -------- ----------------- i ii, iii NoticeTo Bidders---------------------------------------------------------------------------------------- 1 Commencement and Completion of Work ------- w______------ _----------------------------------- _----- 2 Revision of Section 100 - General Provisions --- —---- ---------------------------------- ----------------- 3 Revision of Section 101 - Definition of Terms -------- ------____w--- __------ _------ _------------------ 4 Revision of Section 102 - Project Plans and Other Data------------------------------------------- 5 Revision of Section 104 - Scope of Work - Revision of Section 105 - Control of Work -6 11 Revision of Section 106 - Control of Material -------- —--- _------ _----------- _---- _______----- — -------- 17 Revision of Section 107 - Environmental Controls -------------- —------------------------------------------ 22 Revision of Section 108 - Prosecution and Progress ----------- --------------------- ------------------ 25 _ Revision of Section 201 - Clearing and Grubbing ----- —--- _---------- __------------- _------------------ 27 Revision of Section 202 - Removal of Structures and Obstructions --------- —----- —--------- —------- 28 Revision of Section 203 - Excavation and Embankment ----- ---- _--- __------ _----------- _-------- 29 Revision of Section 212 - Seeding ---- —------ —---------------- —---- —--- —-------- -------------------- — --- 30 Revision of Section 212 - Soil Preparation (Special)--- --- —___---- ___----- _------ ____-------------- 31 Revision of Section 214 - Planting — (Perennials) ---- —--------- —___------------- _______------ _----- _33 Revision of Section 214 - Planting ------- _-------------------- _---- ____--------- _---------- _-------- _---- 34 Revision of Section 217 - Herbicide Treatment --- -------------- —------------- ------------------ —----- 35 Revision of Section 250 - Environmental, Health and Safety Management --- ------ —----- —---- --37 Revision of Section 304 - Aggregate Base Course ---- ------------- —------ —----- —------ —-------------- 38 — Revision of Section 403 - Hot Bituminous Pavement —__________M________________________�___39 Revision of Section 506 - Riprap (Special)----- ------------ _________—_---------- ____----- _—_____40 Revision of Section 514 - Pedestrian Railing (Steel)----- --------- —------ —----- —------ — ---- ________43 Revision of Section 601 - Structural Concrete ---- —--- ---------- --------- -------------- —--- —------ --46 Revision of Section 608 - Sidewalks and Bikeways------------------------------- ---- —------ 52 Revision of Section 608 - Detectable Warnings -------___------ _----------------------------- ____----- 53 _ Revision of Section 614 & 630 - Retroreflective Sign Sheeting --- —------------- —------------- ---- --- 56 Revision of Section 622 - Rest Areas and Buildings --__---------- _------------------------- _---------- 57 Revision of Section 628 - Bridge Girder and Deck Unit —----- —--- _--- __----------------- _______---- 59 -2- CITY OF FORT COLLINS, COLORADO MASON STREET/HARMONY ROAD/SPRING CREEK BIKE/PEDESTRIAN TRAIL PROJECT SPECIAL PROVISIONS Traffic Control Plan - General• Utilities -------------------- Force Account Items ------------ Railroad Requirements-BNSF 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders 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 12/03 Section 00100 Page 5 NOTICE TO BIDDERS It is recommended that bidders on this project review the work site and plan details with an authorized City representative. Prospective bidders shall contact one of the following listed authorized City representatives at least 12 hours in advance of the time they wish to review the project. Project Manager: Mike Herzig, P.E. Phone: (970) 221-6605 Engineering Department Fax: (970) 221-6378 City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Project Engineer: Mark Laken Phone: (970) 221-6605 Engineering Department Cell: (970) 222-3546 City of Fort Collins Fax: (970) 221-6378 281 North College Avenue Fort Collins, CO 80522-0580 The above referenced individuals are the only representatives of the City with authority to provide any information, clarification or interpretation regarding the plans, specifications, and any other contract documents or requirements. There will be a pre -bid meeting held on Thursday, August 11, 2005 at 1:00 PM at 215 N. Mason, Community Room in Fort Collins. 1 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 14th day following the date of award unless such time for beginning the work is changed by the City in the "Notice to Proceed". The number of calendar days for this project shall be 180 calendar days. Salient features to be shown on the Contractor's Progress Schedule are: • Clearing and Grubbing • Removals • Trail Earthwork • New Mercer Ditch Bridge Construction • Erosion Control • Storm Sewer Construction • Trail Paving • Larimer County No. 2 Ditch Bridge Construction • Railroad Coordination • Seeding • Wetland Mitigation • Construction Traffic Control • Median Reconstruction Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft Project software and submitted in hard and electronic formats. 2 REVISION OF SECTION 100 GENERAL PROVISIONS Section 100 of the Standard Specifications is hereby revised for this project as follows: _ Subsections 102 and 103 of the Standard Specifications are hereby deleted. See Contract Documents for additional information. 3 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work embraced under this Contract shall consist of the "Colorado Department of Transportation, State of Colorado, Standard Specifications for Road and Bridge Construction" dated 1999. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, Erosion Control Supervisor, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado representative. The sections shown on the following pages are revisions to the Technical Specifications for this project. 4 REVISION OF SECTION 102 _ PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include the following: The following information will be available for review at the City of Fort Collins, 281 N. College Avenue, Fort Collins, Colorado 80522-0580 until the date set for opening of bids: MASON STREET/HARMONY ROAD/SPRING CREEK BIKE/PEDESTRIAN TRAIL Plan Sheet No's. 1 to 155, New and Revised M&S Standards (17 Sheets), Hazardous Materials Technical Report by Stewart Environmental Consultants, Inc., August 2003, and Geotechnical Engineering Study by Kumar & Associates, Inc., January 23, 2004. The City of Fort Collins will provide an area where contractors can review the project plans and listed reports. The project plans may be purchased from the City of Fort Collins by cash or check (payable to: City of Fort Collins). After the proposals have been opened, the low responsible bidder may obtain from the City of Fort Collins at no cost: 5 sets of plans and special provisions. Additional sets of plans and other available data may be purchased by cash or check from the City of Fort Collins at current reproduction prices. Subcontractors and suppliers may obtain plans and other data from the successful bidder or they may purchase copies from the City of Fort Collins at current reproduction prices. 5 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.02 shall include: Site Conditions A. General: 1. The Contractor acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon access to the site; handling, storage, and disposal of materials; availability of water, electricity and roads; uncertainties of weather, river stages, or similar physical conditions at the site; the conformation and conditions of the ground; the equipment and facilities needed preliminary to and during the execution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. 2. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials to be encountered from his inspection of the site and from reviewing any available records of exploratory work furnished by the Owner or included in these Documents. Failure by the Contractor to acquaint himself with the physical conditions of the site and all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. 3. The Contractor warrants that as a result of his examination and investigation of all the aforesaid data that he can perform the work in a good and workmanlike manner and to the satisfaction of the Owner. The Owner assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of this Contract, unless (1) such representations are expressly stated in the Contract, and (2) the Contract expressly provides that the responsibility therefore is assumed by the Owner. B. Information on Site Conditions Any information obtained by the Engineer regarding site conditions, subsurface information, groundwater elevations, existing construction of site facilities, and similar data will be available for inspection, as applicable, at the office of the Engineer upon request. Such information is offered as supplementary information only. Neither the Engineer nor the Owner assumes any responsibility for the completeness or interpretation of such supplementary information. C� .2. _ REVISION OF SECTION 104 SCOPE OF WORK Differing Subsurface Conditions: a. In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing materially from those ordinarily encountered and generally recognized as inherent in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of such changed conditions. b. The Engineer will investigate such conditions promptly and following this investigation, the Contractor shall proceed with the work, unless otherwise instructed by the Engineer. If the Engineer finds that such conditions do so materially differ and cause an increase or decrease in the cost of or in the time required for performing the work, the Engineer will recommend to the Owner the amount of adjustment in cost and time he considers reasonable. The Owner will make the final decision on all _ Change Orders to the Contract regarding any adjustment in cost or time for completion. 2. Underground Utilities: Known utilities and structures adjacent to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans and potholing. However, it is expected that there may be some discrepancies and — omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the Owner or the Engineer for their accuracy or completeness. C. Execution 1. Where the Contractor's operations could cause damage or inconvenience to railway, telegraph, telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, the operations shall be suspended until all arrangements -' necessary for the protection of these utilities and services have been made by the Contractor. 2. Notify all utility offices which are affected by the construction operation at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. N -3- REVISION OF SECTION 104 SCOPE OF WORK 3. The Contractor shall protect all utility poles from damage. If interfering power poles, telephone poles, guy wires, or anchors are encountered, notify the Engineer and the appropriate utility company at least 48 hours in advance of construction operations to permit the necessary arrangements for protection or relocation of the interfering structure. 4. The Contractor shall be solely and directly responsible to the Owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. 5. Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the work. 6. If the Contractor, while performing the Contract, discovers utility facilities not identified in the Drawings or Specifications, he shall immediately notify the Owner, utility, and the Engineer in writing. 7. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in the restoration of service as promptly as possible and bear all costs of repair. 8. The Contractor shall replace, at his own expense, any and all other existing utilities or structures removed or damaged during construction, unless otherwise provided for in these Contract Documents or ordered by the Engineer. 9. Interfering Structures - The Contractor shall take necessary precautions to prevent damage to existing structures whether on the surface, aboveground, or underground. An attempt has been made to show major structures on the Drawings. The completeness and accuracy cannot be guaranteed, and it is presented simply as a guide to avoid known possible difficulties. 10. Field Relocation - During the progress of construction, it is expected that minor relocations of the work will be necessary. Such relocations shall be made only by direction of the Engineer. If existing structures are encountered that prevent the construction, and that are not properly shown on the Drawings, notify the Engineer before continuing with the construction in order that the Engineer may make such field revision as necessary to avoid conflict with the existing structures. If the Contractor shall fail to so notify the Engineer when an existing structure is encountered, and shall proceed with the construction despite the interference, he shall do so at his own risk. I-1 -4- REVISION OF SECTION 104 SCOPE OF WORK D. Easements: Where portions of the work are located on public or private property, easements and permits will be obtained by the Owner. Easements will provide for the use of the property for construction purposes to the extent indicated on the easements. Copies of these easements and permits are available upon request to the Owner. It shall be the Contractor's responsibility to determine the adequacy of the easement obtained in every case and to abide by all requirements and provisions of the easement. The Contractor shall confine his construction operations to within the easement limits or make special arrangements with the property Owners or appropriate public agency for the additional area required. Any damage to property, either inside or outside the limits of the easements provided by the Owner, shall be the responsibility of the Contractor as specified herein. The Contractor shall remove, protect, and replace all fences or other items encountered on public or private property. Before final payment will be authorized by the Engineer, the Contractor will be required to furnish the Owner with written releases from property Owners or public agencies where side agreements or special easements have been made by the Contractor or where the Contractor's operations, for any reason, have not been kept within the construction right-of-way obtained by the Owner. 2. It is anticipated that the required easements and permits will be obtained before construction is started. However, should the procurement of any easement or permit be delayed, the Contractor shall schedule and perform the work around these areas until such a time as the easement or permit has been secured. E. Land Monuments: The Contractor shall notify the Engineer of any existing Federal, State, Town, County, and private land monuments encountered. Private monuments _ shall be preserved, or replaced by a licensed surveyor at the Contractor's expense. When Government monuments are encountered, the Contractor shall notify the Engineer at least two (2) weeks in advance of the proposed construction in order that the Engineer will have ample opportunity to notify the proper authority and reference these monuments for later replacement. E -5- REVISION OF SECTION 104 SCOPE OF WORK Subsection 104.05 shall include: Contractors Use of Premises The Contractor may use the Owner's property designated within the construction limits shown on the Plans for equipment and materials as long as he confines his operations to those permitted by local laws, ordinance and permits and meet the following requirements: 1. Do not unreasonably encumber site with materials or equipment. 2. Assume full responsibility for protection and safekeeping of products stored on premise. 3. Move any stored products which interfere with operations of the Owner. 4. Obtain and pay for use of additional storage or work areas needed for operations. Limits of Construction The Contractor must maintain all of his construction activities within the Owner's property and/or construction easements and limits of the project, or other stated areas, unless permits and/or written permission are obtained by the Contractor, from appropriate authorities or private property Owners, outside of these areas. Contractor to fence all easements and work areas. The temporary permits must be secured and paid for by the Contractor at no extra cost to the Owner. Any temporary permits secured must be in writing and a copy of same provided to the Engineer. Security The Contractor shall at all times be responsible for the security of his facilities and equipment. The Owner will not take responsibility for missing or damaged equipment, tools, or personal belongings of the Contractor. 10 the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to 12/03 Section 00100 Page 6 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.02 shall be replaced with: Submittals A. Requirements: 1. Where required by the Specifications, the Contractor shall submit descriptive information that will enable the Engineer to determine whether the Contractor's proposed materials, equipment, methods of work are in general conformance to the design concept and in accordance with the Drawings and Specifications. The information submitted may consist of drawings, specifications, descriptive data, certificates, samples, test results, product data, and such other information, all as specifically required in the Specifications. In some instances, specified submittal information describes some, but not all features of the material, equipment, or method of work. 2. The Contractor shall be responsible for the accuracy and completeness of the _ information contained in each submittal and shall assure that the material, equipment, or method of work shall be as described in the submittal. The Contractor shall verify that all features of all products conform to the requirements of the Drawings and Specifications. The Contractor shall ensure — that there is no conflict with other submittals and notify the Engineer in each case where its submittal may affect the work of another Contractor or the Owner. The Contractor shall ensure coordination of submittals among the related crafts and — subcontractors. 3. Submittals will be reviewed for overall design intent and returned to Contractor — with action to be indicated by the Engineer. It shall be the Contractor's responsibility to assure that previously accepted documents are destroyed when they are superseded by a resubmittal as such. — 4. It shall be the Contractor's responsibility to ensure that required items are corrected and resubmitted. Any work done before approval shall be at the Contractor's own risk. B. Submittal Procedure: Unless a different number is called for in the individual sections, six (6) copies of each submittal and sample are required, four (4) of which will be retained by the Engineer. The Contractor shall receive two (2) copies in return. Faxed — submittals will not be accepted. 11 -2- REVISION OF SECTION 105 CONTROL OF WORK 2. Submittals that are related to or affect each other shall be forwarded simultaneously as a package to facilitate coordinated review. Uncoordinated submittals will be rejected. 3. If the items or system proposed are acceptable but the major part of the individual drawings or documents are incomplete or require revision, the submittal will be returned with requirements for completion. 4. The right is reserved for the Engineer to require submittals in addition to those called for in individual sections. 5. Submittals regarding material and equipment shall be submitted directly to the Engineer and will be accompanied by a transmittal form. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate discrete sections for which the submittal is required. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. 6. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX-Y;" where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals (i.e., A, B, or C being the first, second and third resubmittals, respectively). Submittal 25-B, for example, is the second resubmittal of Submittal 25. 7. If the Contractor proposes to provide material, equipment, or method of work that deviates from the Contract Documents, it shall indicate so under "deviations" on the transmittal form accompanying the submittal copies. 8. Submittals that do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review. C. Review Procedure: 1. Submittals are specified for those features and characteristics of materials, equipment, and methods of operation that can be selected based on the Contractor's judgment of their conformance to the requirements of the Drawing and Specifications. Other features and characteristics are specified in a manner that enables the Contractor to determine acceptable options without submittals. The review procedure is based on the Contractor's guarantee that all features and characteristics not requiring submittals conform to the Drawings and Specifications. Review shall not extend to means, methods, techniques, sequences, or procedures of construction or to verifying quantities, dimensions, weights or gages, or fabrication processes (except where 12 -3- REVISION OF SECTION 105 ^ CONTROL OF WORK specifically indicated or required by the Specifications) of separate items, and as such, will not indicate approval of the assembly in which the item functions. 2. Unless otherwise specified, within twenty-one (21) calendar days after receipt of -" the submittal, the Engineer will review the submittal and return copies. The returned submittal will indicate one of the following actions: a. If the review indicates that the material, equipment, or work method complies with the Specifications, submittal copies will be marked "NO EXCEPTIONS TAKEN". In this event, the Contractor may begin to implement the work method or incorporate the material or equipment covered by the submittal. b. If the review indicates limited corrections are required, copies will be marked "Furnish as noted". The Contractor may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. Where submittal information will be incorporated in Operation and Maintenance data, a corrected copy shall be provided. c. If the review indicates that the submittal is insufficient or contains incorrect data, copies will be marked "REVISE AND RESUBMIT". Except at its own risk, the Contractor shall not undertake work covered by this submittal until it has been revised, resubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". d. If the review indicates that the material, equipment, or work method do not comply with the Specifications, copies of the submittal will be marked "REJECTED". Submittals with deviations that have not been identified clearly may be rejected. Except at its own risk, the Contractor shall not undertake the work covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". D. Drawing: The term "shop drawings" includes drawings, diagrams, layouts, schematic, descriptive literature, illustrations schedules performance and test data, and similar materials furnished by Contractor to explain in detail specific portions of the work required by the Contract 2. Contractor shall coordinate all such drawings, and review them for legibility, — accuracy, completeness and compliance with contract requirements and shall indicate this approval thereon as evidence of such coordination and review. Shop drawing submitted to the Engineer without evidence of Contractor's _ approval will be returned for resubmission. 13 4- REVISION OF SECTION 105 CONTROL OF WORK 3. Shop drawing shall be clearly identified with the name and project number of this contract, and references to applicable specification paragraphs and contract drawings. When catalog pages are submitted, applicable items shall be clearly identified. 4. Contractor shall stamp his approval on shop drawings prior to submission to the Engineer as indication of his checking and verification of dimensions and coordination with interrelated items. Stamp shall read: "(Contractor's Name) represents that we have determined and verified all field dimensions and measurements, field construction criteria, materials, catalog numbers and similar data, and that we have checked with the requirements of the Specifications and Drawings, the Contract Documents, and General Conditions". Marks on drawings by Contractor shall not be in red. Any marks by Contractor shall be duplicated on all copies submitted. 5. If shop drawings show variations from contract requirements, Contractor shall describe such variations in writing, separate from the drawings, at time of submission. All such variations must be approved by the Engineer. If Engineer approves any such variations, he shall issue an appropriate contract modification, except that, if the variation is minor and does not involve a change in price or in time of performance, a modification need not be issued. 6. Should the Contractor propose any item on his shop drawings or incorporate an item into the work, and that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the Engineer's preliminary review), the Contractor shall, at his own expense, replace the item with another item that will perform satisfactorily. E. Certificates: For those items called for in individual sections, furnish six (6) certificates of compliance from manufacturers or suppliers certifying that materials or equipment being furnished under the Contract comply with the requirements of these Specifications. F. Samples: Samples shall be sufficient in size to clearly illustrate functional characteristics and full range of color, texture, and pattern. 14 REVISION OF SECTION 105 CONTROL OF WORK G. Effect of Review of Contractor's Submittals: Review of drawings, data, methods of work, or information regarding materials or — equipment the Contractor proposes to provide, shall not relieve the Contractor of its responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the Engineer or the Owner, or by any officer or employee thereof, and the — Contractor shall have no claim under the Contract on account of the failure or partial failure, of the method of work, material, or equipment so reviewed. A mark of "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED" shall mean that the Owner has no objection to the Contractor, upon its own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed. Subsection 105.04 shall be revised as follows: Delete the second paragraph and replace with the following: In case of discrepancy the order of precedence is as follows: A. General Conditions of the Construction Contract B. Special Provisions 1. Project Specifications 2. Standard Special Provisions C. Plans 1. Detailed Plans 2. Standard Plans Calculated dimensions will govern over scaled dimensions. D. Supplemental Specifications E. Standard Specifications Subsection 105.05 shall include: Coordination with Land Owners The City of Fort Collins is committed to maintaining a positive working relationship with the businesses and residents in the project area. Every effort will be made to maintain pedestrian and bicycle flow and to accommodate special events and high volume holidays for businesses, pedestrians, parking, and vehicle traffic. The Contractor shall be responsible for communicating accurate scheduling information to the project team to assure proper notification of businesses and residents. 15 -6- REVISION OF SECTION 105 CONTROL OF WORK In particular, any proposed disruption or closure to an existing access must be communicated to the property Owner and (if property is a rental) to the building tenant with as much notice as possible - 48 hours is the minimum notice that will be allowed for any proposed access change. The Contractor shall ensure that adequate alternate access is in place for vehicles and pedestrians and any property -specific access needs are addressed prior to any change in existing access. The Contractor shall identify his method of maintaining these accesses on the Construction Traffic Control plans (see Traffic Control — General). Subsection 105.07 shall include: Coordination with Traffic Engineer The Contractor shall coordinate with the Owner's Traffic Engineer for all traffic control activities. This shall include, but not be limited to, installation and timing of traffic signals, lane closures, and lane reductions. Subsection 105.08 shall include: Surveying Coordination 1. The Owner will provide construction surveying for the project. City Survey Crews will perform the surveying required. 2. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. 3. 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. 4. 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. 5. 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. 6. The Contractor shall be responsible for transferring the information from the construction staked to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. 16 REVISION OF SECTION 106 _ CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01 shall include: Substitutions and Product Options A. Description: 1. This section describes the procedure required by the Contractor for product substitutions. 2. Requests for Substitution: a. Base all bids on materials, equipment and procedures specified. b. Certain types of equipment and kinds of material are described in specifications by means of trade names and catalog numbers, and/or manufacturer's names. Where this occurs, it is not intended to exclude from consideration such types of equipment and kinds of material bearing other trade names, catalog numbers and/or manufacturer's names, capable of accomplishing purpose of types of equipment or kinds of material specifically indicated. C. Other types of equipment and kinds of material may be acceptable to the Owner and Engineer. a. Types of equipment, kinds of material and methods of construction, if not — specifically indicated must be approved in writing by Engineer and the Owner. 3. Submission of Requests for Substitution: a. After Notice to Proceed, the Owner/Engineer will consider written requests for substitutions of products, materials, systems or other items. b. The Engineer reserves the right to require substitute items to comply color and pattern -wise with base specified items, if necessary to secure "design intent". C. Submit six (6) copies of request for substitution. Include in request: 1) Complete data substantiating compliance of proposed substitute with Contract Documents. 17 -2- REVISION OF SECTION 106 CONTROL OF MATERIAL 2) For products: Product identification, including manufacturer's name. ii. Manufacturer's literature, marked to indicate specific model, type, size, and options to be considered: Product description; performance and test data; reference standards; difference in power demand; dimensional differences for specified unit. Name and address of similar projects on which product was used, date of installation, and field performance data. 3) For construction methods: Detailed description of proposed method. Drawings illustrating methods. 4) Itemized comparison of proposed substitution with product or method specified. 5) Data relating to changes in construction schedule. 6) Relation to separate contracts. 7) Accurate cost data on proposed substitution in comparison with product or method specified. d. In making request for substitution, or in using an approved substitute item, Supplier/Manufacturer represents: 1) He has personally investigated proposed product or method, and has determined that it is equal or superior in all respects to that specified and that it will perform function for which it is intended. 2) He will provide same guarantee for substitute item as for product or method specified. 3) He will coordinate installation of accepted substitution into work, to include building modifications if necessary, making such changes as may be required for work to be complete in all aspects. 18 -3- REVISION OF SECTION 106 CONTROL OF MATERIAL 4) He waives all claims for additional costs related to substitution which subsequently become apparent. 4. Substitutions: Request sufficiently in advance to avoid delay in construction. 5. Contractor's Option: a. For products specified only by reference standards, select any product meeting standards by any manufacturer, indicate selected type in submission. b. For products specified by naming several products or manufacturers, select any product and manufacturer named, indicate selected type in submission. c. For products specified by naming one or more products, but indicating option of selecting equivalent products by stating "or equivalent" after specified product, Contractor must submit request, as required for substitution, for any product not specifically named. 6. Rejection of Substitution or Optional Item: Substitutions and/or options will not be considered if they are indicated or implied on shop drawings, or project data submittals, without formal request submitted in accordance with this section. Subsection 106.03 shall include: Materials Testing A. Provide such equipment and facilities as are required 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 found to be acceptable. Any product which becomes unfit for use after approval thereof shall not be incorporated into the work. B. 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), and the American Association of Highway and Transportation Officials (AASHTO). W*1 -4- REVISION OF SECTION 106 CONTROL OF MATERIAL C. Where additional or specific 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. D. Owners Responsibilities 1. The Owner shall be responsible for and shall pay all costs in connection with the following testing: a. Soils compaction tests. b. Trench backfill. C. Pipe and structural bedding. d. Tests not called for by the Specifications of materials delivered to the site. e. Concrete tests. Pavement tests E. Contractors Responsibilities 1. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: a. Concrete materials and mix designs. b. Design of asphalt mixtures. C. All performance and field-testing specifically called for by the Specifications. d. All retesting for work or materials found defective or unsatisfactory, including tests covered above. 20 disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 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. 12/03 Section 00100 Page 7 -5- REVISION OF SECTION 106 CONTROL OF MATERIAL F. Transmittal of Test Reports Written reports of tests and engineering data furnished by Contractor for Engineer's review of materials and equipment proposed to be used in the work shall be submitted as specified for Shop Drawings. The testing laboratory retained by the Owner or Engineer will furnish three (3) copies of a written report of each test performed by laboratory personnel in the field or laboratory. Two (2) copies of each test report will be transmitted to the Engineer and one (1) copy to the Contractor within seven (7) days after each test is completed. 21 REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS Section 107 of the Standard Specifications is hereby modified to include the following: Environmental Controls The work of this section consists of obtaining permits and providing environmental controls consistent with regulatory permits through the duration of the work required under this project. A. Dust Control Application: 1. The Contractor shall execute work by methods to minimize raising dust from construction operations. 2. The Contractor shall provide and apply dust control at all times, including evenings, holidays and weekends, as required to abate dust nuisance on and about the site that is a direct result of construction activities. The use of non - approved chemicals, oil, or similar palliatives will not be allowed. Dust control agents may be used only after prior approval of the Owner. The Contractor shall be required to provide sufficient quantities of equipment and personnel for dust control sufficient to prevent dust nuisance on and about the site. 3. The Owner will have authority to order dust control work whenever in its opinion it is required, and there shall be no additional cost to the Owner. The Contractor shall be expected to maintain dust control measures effectively whether the Owner or Engineer specifically orders such Work. B. Preservation of Natural Features: Confine operations as much as possible. Exercise special care to maintain natural surroundings in an undamaged condition. Within the work limits, barricade trees, rock outcroppings, and natural features to be preserved. C. Housekeeping: Keep project neat, orderly, and in a safe condition at all times. Store and use equipment, tools, and materials in a manner that does not present a hazard. Immediately remove all rubbish. Do not allow rubbish to accumulate. Provide on -site containers for collection of rubbish and dispose of it at frequent intervals during progress of work. D. Disposal Disposal of Waste (Unsuitable) Materials: All material determined by the Engineer to be waste will be disposed of in approved landfill in a manner meeting all regulations. Dispose of waste materials, legally, at public or private dumping areas. Do not bury wastes inside of the limits of construction. All costs for dump fees, permits, etc., are to be borne by the Contractor. 22 -2- _ REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS 2. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul away contents such that no overflow exists. 3. Excess excavation shall become the property of the Contractor and shall be legally disposed of by him outside the limits of construction to an approved disposal site. Excess excavated material suitable for backfill shall not be disposed of until all backfill operations are complete. 4. The Contractor is to immediately inform Engineer of any hazardous materials encountered during construction. Dispose of waste materials legally at private or public facilities. E. Burning: No burning of debris will be permitted. F. Water Control: A portion of the project work is located within a natural drainage course and is subject to periodic flooding due to rainfall and snowmelt, flows for adjacent developed areas and storm water pipes and ground water flows from saturated soils or other ground water sources. The Contractor is responsible for managing water within the construction site and protecting property. G. Noise Control 1. All mechanical equipment shall be equipped with the best available mufflers to reduce noise. The Contractor shall be responsible for obtaining any necessary permits and shall limit noise to the permitted levels. Noise level monitoring shall be performed by the Contractor as necessary to show that the permitted levels are not being exceeded. 2. Permission from Owner must be obtained prior to the operation of any machinery and/or vehicles between the hours of 6 p.m. and 7 a.m. H. Permits All work must be performed in accordance with all applicable regulatory permits. It shall be the responsibility of the Contractor to obtain a Construction Dewatering Permit from the Colorado State Health Department for any dewatering operations that will be discharged into any drainageways, open channels, or irrigation ditches. The Contractor shall be responsible for any testing required under the Construction Dewatering Permit. 23 -3- REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS 2. The Owner will obtain the following permits: • Floodplain Use Permit • City of Fort Collins Excavation on Public Property Permit • Applicable 404 Permits It shall be the responsibility of the Contractor to prepare and obtain an approved Erosion and Sediment Control Plan from the Owner. The Contractor must obtain all other applicable permits. 24 REVISION OF SECTION 108 _ PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.03 shall include the following: Project Meetings A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Award and before the Notice to Proceed, the date, time and location will be determined after Notice of Award. The conference shall be attended by: 1. Contractor and Contractor's Superintendent _ 2. Contractor's Subcontractors 3. Engineer 4. Owner _ 5. Utility Companies 6. Others as requested by the Contractor, Owner, or Engineer. Unless previously submitted to the Owner, the Contractor shall bring to the conference a tentative schedule of the construction project, including in the schedule shop drawings and other submittals. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: 1. Contractor's tentative Schedule 2. Permit applications and submittals, including Dewatering Permit, Erosion and Sediment Control Plan, and Traffic Control Plan 3. Transmittal, review and distribution of Contractor's submittals 4. Processing applications for payment 5. Maintaining record documents 6. Critical work sequencing 7. Field decision and change orders 8. Use of premises, office and storage areas, staging area, security, - housekeeping, and Owner's needs 9. Contractor's assignment of safety and first aid 25 -2- REVISION OF SECTION 108 PROSECUTION AND PROGRESS B. Construction Progress Meetings: Progress meetings will be conducted weekly or at some other frequency, if approved by the Engineer. These meetings shall be attended by the Owner, the Engineer, the Contractor's representative and any others invited by these people. The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, the status of information requests, critical work sequencing, review of strategies for connections into existing facilities, status of field orders and change orders, and any general business. The Contractor will prepare a "two week look ahead" schedule to facilitate coordination of work items. Subsection 108.04 shall include the following: The Contractor shall execute construction in a timely fashion to achieve the following schedule milestones: • Entire project shall be completed by 2005. Work Hours: Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be permitted on weekends or holidays without written approval from the Project Manager. Work activity done at times other than during normal working hours may require reimbursement to the City for the overtime cost to the City. Work requests beyond normal working hours must be submitted to the Project Manager a minimum of five (5) working days prior to the requested date. al REVISION OF SECTION 201 _ CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: _ Subsection 201.02 shall include the following: Ralph Zentz, Assistant City Forester (970-221-6302), shall be responsible for identifying the removal of tree branches or stumps, or shrubs and other plant materials. Coordinate with the Assistant City Forester to have tree branches, stumps, shrubs, and other plant materials marked for removal. Clearing and grubbing shall include the removal and possibly the trimming of trees less than six (6) inches in diameter, bushes, and shrubs as identified by the Engineer or the Assistant City -� Forester to be either removed or trimmed. All removed debris shall become the property of the Contractor and shall be removed from the project site, not buried on -site. Clearing and grubbing shall also include the removal of impacted fencing and barricades as directed by the Engineer. Subsection 201.04 shall include the following: PAY ITEM PAY UNIT Clearing and Grubbing Lump Sum 27 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work shall include the removal of portions of the following (as shown in the construction plans): siphon pipe at approximate Station 519+40 and concrete -lined ditch in the vicinity of the cinema complex to the south of Horsetooth Road. Subsection 202.02 shall include the following: The siphon pipe shall be saw cut at the flowline of the proposed curb and gutter and five (5) feet east of the edge of shoulder on the trail. The pipe shall be removed intact and returned to John Desch at Colorado State University (970-491-0004). The two ends of the remaining pipe that are left in place shall be plugged with flow fill a minimum of ten (10) feet. Subsection 202.11 shall include the following: 1. Removal of Pipe (Special) shall be measured by each removed and accepted. Plugging the two ends of the pipe will not be measured and paid for separately but shall be included in the work. 2. Removal of Portions of Present Structure shall be paid for as a Lump Sum, and shall be for the extent shown on the plans. Subsection 202.12 shall include the following: Payment will be made under: PAY ITEM PAY UNIT Removal of Pipe (Special) Each Removal of Portions of Present Structure Lump Sum 28 REVISION OF SECTION 203 — EXCAVATION AND EMBANKMENT Section 203 of the Standard Specification is hereby revised for this project as follows: — In Subsection 203.12, delete paragraph one and subsections (a) and (b) and replace with the following: Earthwork quantities have been generated using aerial mapping and supplemental field survey. Quantities for Sections 1, 2, and 3 are based on the aerial mapping. Section 4 quantities are based on field survey. The contractor is advised that there are discrepancies between the mapping and field survey. For your information, the plans provide mapping and survey elevations on 100' intervals along the horizontal control line for Sections 1, 2, and 3. Earthwork for this project will not be remeasured but will be the quantities as designated in the plans. 29 REVISION OF SECTION 212 SEEDING Section 212 of the Standard Specifications is hereby revised for this project as follows: In Subsection 212.03 delete the table and replace with the following: Zone Spring Seeding Fall Seeding Below 1800 m (6000') Spring thaw to June 1st September 1s until consistent ground freeze 1800 m (6000') to Spring thaw to June 15th August 15 until consistent 2100 m 7000' round freeze 2100 m (7000') to Spring thaw to July 1st August 1s until consistent 2400 m 8000' round freeze Above 2400 m 8000' Spring thaw to consistent ground freeze 30 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. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. 12/03 Section 00100 Page 8 REVISION OF SECTION 212 SOIL PREPARATION (SPECIAL) Section 212 of the Standard Specifications is hereby revised for this project to include the following: DESCRIPTION This work consists of incorporation of organic amendment into the top 6 inches of the soil to be seeded. MATERIALS Soil amendments shall be tilled into seeded and tree planting areas and shall include: — 3 cubic yards per 1,000 square feet of organic amendment. The organic amendment shall include the following: An organic product containing a mixture of composted cow or sheep manure and wood residue that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 140 degrees Fahrenheit or greater for a period of time that is long enough to accomplish the following specifications: 1. The windrows of composted organic amendment (cow or sheep manure) have to be composted for 70 to 90 days. Certification must be provided to prove the product has gone through this process. 2. Eradicate harmful pathogens, including coliform bacteria. 3. Create a carbon to nitrogen ratio of no less than 15/1 to 25/1. 4. Contain no solid particle greater than 1/2 inch in diameter. 5. Have a non -offensive smell similar to fresh turned soil. 6. Contain no significant level of dirt or soil, chemical preservatives and contain a maximum of 30 percent composted plant residue. 7. The pH after composting shall be between 6.0 and 8.0 with an organic matter content of not less than 20%. 8. Soluable salts shall not be greater than 5mmhos/cm The Contractor shall submit a two lb. (2 lb.) sample of the product four (4) weeks before its use on the project site for the Engineer's approval. A Certificate of Compliance shall be provided to the Engineer to verify the organic matter content, pH and carbon matter to nitrogen ratio. 31 -2- REVISION OF SECTION 212 SOIL PREPARATION (SPECIAL) CONSTRUCTION REQUIREMENTS All seeded areas shall be amended with composted organic amendment as shown on the plans and shall be tilled or ripped to a depth of 6 inches into the soil. After ripping remove all debris such as concrete, rocks (greater than 3" in diameter) and other deleterious from area. Stockpiling of material on project site in excess of 30 days shall not be allowed. METHOD OF MEASUREMENT Soil Preparation (Special) will be measured by the actual number of acres completed and accepted. Payment for Soil Preparation (Special) shall include incorporation and material. Measurement for acres will be slope distances. BASIS OF PAYMENT The accepted quantities of Soil Preparation (Special) will be paid for at the contract unit price. Payment will be made under: Pay Item Pay Unit Soil Preparation (Special) Acre Payment shall be full compensation for all work necessary to complete the work. 32 REVISION OF SECTION 214 PLANTING — (PERENNIALS) Section 214 of the Standard Specifications is hereby revised for this project as follows: Subsection 214.02 shall include the following: Perennial wetland plants shall be supplied in containers as designated in the Contract, no bare root material will be allowed. The original plant stock for the plants shall be from Colorado. Nursery grown perennial plants shall be those plants that have been growing at least one growing season. Perennials shall not be shipped while in a dormant conditions. Perennials shall be a minimum of 6 inches in height when applicable to the species. In Subsections 214.03(a), delete the first paragraph and replace with the following: Perennial plants shall be planted in the spring season only. Subsection 214.04(b) shall include the following: Water shall be applied to perennial plants until soil is saturated. Perennial plants shall be watered thoroughly every day for a period of one month. Subsection 214.06 shall include the following: The accepted quantities of perennial wetland plants will be paid for at the contract unit price each. Payment will be made under: PAY ITEM PAY UNIT Perennials (2.25 Inch Pot) Each Payment will be full compensation for all work necessary to complete the item. 33 REVISION OF SECTION 214 PLANTING Section 214 of the Standard Specifications is hereby revised for this project as follows: Subsection 214.02 shall include the following: The Contractor shall submit at the preconstruction conference a list of suppliers and specification sheets for items in Sections 203, 207, 213, 214 and 217. A written description of work tasks, time schedules and watering sequence shall also be presented at this meeting. The meeting shall be held no less than two weeks (14 calendar days) before work commences on items in Sections 203, 207, 213, 214 and 217. In Subsection 214.03(a), delete the second paragraph and replace with the following: Areas to be planted shall be brought to the lines and grades designated and approved. The Contractor shall stake locations as accurately as possible. All tree locations shall be approved by Engineer and Ralph Zentz — City of Fort Collins Assistant Forester, before preparatory work for planting is started. Delete Subsection 214.04, paragraph one, and replace with the following: 214.04 Landscape Establishment. From the time of installation, during construction, and throughout the Landscape Establishment period the Contractor shall maintain all plant material and seeded areas in a healthy and vigorous growing condition, and ensure the successful establishment of vegetation. This includes performing establishment, replacement work and landscape maintenance work as described below. The Landscape Establishment period begins upon receipt of the written "Notice of Substantial Landscape Completion" from the Engineer and lasts for a period of 24 months. If the notice of Substantial Landscape Completion is issued in the fall, the Landscape Establishment period will begin the following spring. Substantial Landscape Completion is defined as when all plant materials in the Contract have been planted and accepted. This includes all work performed under Sections 212, 213, and 314, except for the section 214 pay item Landscape Maintenance. Subsection 214.04 shall include the following: A final acceptance inspection of the plant material will be held by the Contractor and the Engineer at the end of the plant establishment period. Any replacement material shall meet the requirements of the standards, plans, and special provisions included in this project. Once the replacements are completed and approved, final acceptance will be issued. All staking and guying will be removed after plant establishment period. The Contractor shall shield guy wires from trees with white PVC tubing to make the wire visible for pedestrians and bicyclists — the cost to be included in the cost of the plants. The Contractor shall maintain staking and guying until the end of the Landscape Establishment period. The Contractor shall remove all guying wire, straps and stakes at the end of the Landscape Establishment period. 34 REVISION OF SECTION 217 _ HERBICIDE TREATMENT Section 217 of the Standard Specifications is hereby revised for this project as follows: Subsection 217.02 shall include the following: Within one month of project commencement, wetland mitigation areas and associated _ upland habitat infested with Canada thistle shall be spot sprayed with non -residual glyphosate rated for use by water. Treatment is to be as directed by the Engineer and according to manufacturer's current label for recommendations and requirements. Subsection 217.03 shall include the following: Glyphosate shall be spot applied to Canada Thistle and any other identified noxious weeds on site (exclusive of existing wetlands and wetland mitigation areas) in accordance with this specification. Herbicide shall be applied at least 14 days prior to planting and seeding. Herbicide shall be glyphosate type. Add inert, water soluble, blue colored dye to herbicide prior to spraying. Dye should be sufficiently dark enough to indicate sprayed versus unsprayed areas. Apply the herbicide mixture so that all undesirable vegetation is uniformly covered. Do not allow herbicide to drift or overspray onto existing vegetation to remain or wetlands. Spray target vegetation so that it is wet, but without runoff. Do not apply herbicide if: 1. Rainfall is expected within 6 hours. 2. There is growth stress to surrounding non -target vegetation as a result of — drought, insects, disease, or plant damage. 3. When heavy dust is on the plants. — 4. If target material treatment will adversely effect woody vegetation. Do not permit foot or other traffic on treated areas when they are wet from application. Subsection 217.03 shall include the following: Canadian Thistle and Knapweed shall be spot sprayed while plant is actively growing when at or beyond the bud stage of growth. Glyphosate shall be applied in locations directed by the Engineer. 35 -2- REVISION OF SECTION 217 HERBICIDE TREATMENT Subsection 217.05 shall include the following: The accepted quantities of herbicide treatment will be paid for at the contract unit price per hour. Payment will be made under: PAY ITEM PAY UNIT Herbicide Treatment Hour REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT The Contractor shall be aware that the project will be constructed on a portion of railroad right- of-way that has been in use for many decades. In addition, several nearby and adjacent sites are currently used or have been used in the past for commercial and/or industrial purposes. A Hazardous Materials Technical Report (Stewart Environmental Consultants, 2003) prepared in _ support of the project found no evidence of environmental impacts to the project corridor, but indicated that such impacts could not be ruled out. Therefore, the Contractor shall be familiar with the information provided in the Hazardous Materials Technical Report and be prepared for the possibility of encountering suspected contaminated material, including but not limited to waste material, discolored and/or odorous soil, or discolored and/or odorous groundwater, during construction. The Contractor shall follow the procedures found in paragraph 250.03 (d) 4 if previously unidentified suspected contaminated material is encountered. The Contractor shall contact the Health and Safety Officer identified for this project and the Project Manager immediately upon — encountering suspected soils. 37 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03 The aggregate base course (Class 6) must meet the gradation requirements and have a resilient modulus of at least 32,883 p.s.i. (R>_78) when tested by the Hveem Stabilometer method. 38 REVISION OF SECTION 403 _ HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications is revised as follows: Hot Bituminous Pavement — This shall consist of placing HBP — Patching according to the City of Fort Collins Design and Construction Criteria, Standards and _ Specifications for Streets, Sidewalks, Alleys and Other Public Ways, revised January 1999. The material shall conform to Section 2.06. It shall be the Contractor's responsibility to purchase and familiarize themselves with these specifications. They may be obtained at the City of Fort Collins, Engineering Department. _ Subsection 403.05 shall include the following: Payment will be made under: PAY ITEM PAY UNIT Hot Bituminous Pavement (Patching) (Asphalt) 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 Hot Bituminous Pavement, complete -in -place, including compaction, and rolling as shown on the plans, as specified in these specifications, and as directed by the Engineer. 39 REVISION OF SECTION 506 RIPRAP (SPECIAL) Section 506 of the Standard Specifications is hereby revised for this project as follows: MATERIALS Subsection 506.02 is hereby revised as follows: In the first paragraph, modify third sentence as follows: "Riprap shall have a specific gravity of at least 2.5". Subsection 506.02 is hereby revised to include the following: Material designated as Riprap (Special) on the construction drawings shall consist of Riprap (9 inch) as specified in the Standard Specifications and herein, and grout, as specified herein. Riprap (9 inch) shall meet the following requirements: 1. Riprap color is not specified but once the contractor selects a source, it may not be changed in order to provide uniformity (unless approved by or requested by the Owner). 2. Riprap shall not consist of a shale/limestone material. 3. The Contractor shall furnish laboratory test results that the riprap meets the gradation, and specific gravity requirements and the abrasion resistance/compressive strength requirements shown in Table 506-1. Grout shall meet the following requirements 1. All grout shall have a minimum 28-day compressive strength equal to 3000 psi. 2. One cubic yard of grout shall have a minimum of six (6) sacks of Portland cement. 3. Type II cement shall be used. A Maximum of 25% fly ash may be substituted for the Portland cement. 4. The aggregate shall be comprised of 70% natural sand (fines) and 30% 3/8-inch rock (coarse). 5. The slump shall be 5-inches to 7-inches. 6. Air entrainment shall be 7'/2 percent +/- 1 '/2 percent. 7. To control shrinkage and cracking, 1.5 pounds of Fibermesh, or equivalent, shall be used per cubic yard of grout. CONSTRUCTION REQUIREMENTS Subsection 506.03 is hereby revised to include the following: 40 END OF SECTION 12/03 Section 00100 Page 9 -2- REVISION OF SECTION 506 RIPRAP (SPECIAL) CONVEYING AND PLACING Prior to the placement of the riprap, the Owner shall be notified in order to approve the depth and limits of the riprap material. — The grout mix shall be delivered to the site and placed within 1 1/2 hours after the introduction of the cement to the aggregates. In hot weather or under conditions contributing to accelerated stiffening of the concrete, the time between the introduction of the cement to the aggregates and complete discharge of the grout batch shall be a maximum of 45 minutes. The Engineer may — allow a longer time provided the setting time of the grout is increased a corresponding amount by the addition of an approved set -retarding admixture. In any case, concrete shall be conveyed from the mixer to the final placement as rapidly as practicable by methods that will prevent segregation of the aggregates, loss of mortar, and/or displacement of the rock riprap. Riprap to be grouted shall be kept moist for a minimum of two (2) hours prior to grouting. The riprap shall be flushed with water prior to placing the grout to remove the fines from the rock surfaces. The rock shall be kept moist prior to the grouting and without placing in standing or flowing water. Grout placed on inverts or other nearly level areas may be placed in one operation. On slopes, the grout shall be placed in two (2) nearly equal applications consisting of successive lateral strips approximately ten (10) feet in width starting at the toe of the slope and progressing upward. The grout shall be delivered to the place of final deposit by approved _ methods and discharged directly on the surface of the rock, using a splash plate of metal or wood to prevent displacement of the rock directly under the grout discharge. The flow of grout shall be directed with brooms, spades or baffles to prevent grout from flowing excessively along the same path and to assure that all intermittent spaces are filled. Sufficient barring shall be conducted to loosen tight pockets of rock and otherwise aid in the penetration of grout to ensure the grout fully penetrates the total thickness of the rock blanket. All brooming on slopes shall be uphill. After the grout has stiffened, the entire surface shall be rebroomed to eliminate runs and to fill voids caused by sloughing. The surface finish, following the completion of grout installation, shall consist of 3 (+/-) inches of the rock extended above the level of grout. The exposed rock will not have a plastered appearance. — Grout shall be delivered by means of a low pressure (less than 10psi) grout pump using a 2" diameter nozzle. _ After completion of any strip or panel, no individuals or equipment shall be permitted on the grouted surface for a period of twenty-four (24) hours. The grouted surface shall be protected from injurious action by the sun, rain, flowing water, mechanical injury, or other potential damaging activity. 41 •3- REVISION OF SECTION 506 RIPRAP (SPECIAL) CURING AND PROTECTION The grouted rock shall be coated with a curing compound meeting the requirements of ASTM C- 309. The compound shall be sprayed on the moist grout surfaces as soon as free water has disappeared and all surface finishing has been completed. The compound shall be applied at a minimum uniform rate of one (1) gallon per 175 square feet of surface and shall form a continuous adherent membrane over the entire surface. Curing compound shall not be applied to surfaces requiring bond to subsequently placed grout and/or concrete. If the membrane is damaged during the curing period, the damaged area shall be re -sprayed at the rate of application specified for the original treatment. Grout mix shall not be placed when the daily minimum temperature is less than 400 F unless facilities are provided to ensure that the temperature of the materials is maintained at a minimum temperature of 500 F and not more than 900 F during placement and the curing period. Grout mix shall not be placed on frozen surfaces. When freezing conditions prevail, rock to be grouted must be covered and heated to within a range of 500 F to 90' F for a minimum period of 24 hours prior to placing grouting materials. METHOD OF MEASUREMENT Subsection 506.04 is hereby revised to include the following: Riprap (Special) will be measured by the cubic yard. Cubic yards will be by the method of average end areas based on dimensions shown on the plans or ordered. BASIS OF PAYMENT Subsection 506.05 is hereby revised to include the following: PAY ITEM Riprap (Special) PAY UNIT Cubic Yard The costs of all materials and methods associated with the complete installation of Riprap (Special) including Riprap (9 inch), grout, curing compound, and excavation shall be included in the cost of Riprap (Special). - 42 REVISION OF SECTION 514 _ PEDESTRIAN RAILING (STEEL) Section 514 of the Standard Specifications is hereby deleted in its entirety and replaced with the following: DESCRIPTION 514.01 This work shall consist of furnishing all equipment, labor, fabrication and materials to do all work necessary to construct the Pedestrian Railing (Steel) as indicated on the Drawings and as specified herein. MATERIALS 514.02 Steel shall conform to the requirements of Section 509 and the following: 1. Steel pipe shall conform to the requirements of ASTM A53, and shall be provided with a galvanized finish. 2. Steel Plates and Bars shall comply with the requirements of ASTM A 36. Steel plates shall be provided non -galvanized. Bars shall be provided with a galvanized finish. _ 3. Zinc coating shall conform to the requirements of AST A123, A153, A385 and A386. Welding shall conform to the American Welding Society Structural Weld Code - Steel D1.1. Shop Drawings: Submit shop drawings of all metal railing fabrications to Engineer for approval, showing sizes and thickness of all members, types of materials, methods of connection and assembly, complete dimensions, clearances, anchorage, relationship to surrounding work by — other trades, shop paint and protective coatings, and other pertinent details of fabrication and installation. 1. Field -measurement of wall construction shall be conducted prior to development of shop drawings to verify required dimensioning of railing. 2. Railing appearance and finish shall resemble the existing railing in the vicinity of this project along Yosemite Street, just to the south of the proposed location of the new retaining wall. 3. Indicate profiles, sizes, connection attachments, reinforcing, anchorage, openings, size _ and type of fasteners and any accessories. 4. Include erection drawings, elevations, applicable details and field dimensions. 5. Indicate welded connection using standard AWS welding symbols. Indicate net weld lengths. Samples: Submit material information as listed in the following. 1. One sample railing panel will be erected prior to mass fabrication of the entire quantity call for. 2. Do no order materials or begin fabrication until Engineer's review of submittals has been completed and returned. 3. Furnish to the Contractor with copy to the Engineer, a certified statement that the shop - applied galvanizing and finishes conform to these Specifications, including compliance — with application thickness and adhesion. -2- REVISION OF SECTION 514 _ PEDESTRIAN RAILING (STEEL) 43 Immediately before painting, remove rust, loose mill scale, dirt, weld flux, weld spatter, and other foreign materials with SSPC-SP6 commercial sandblast treatment. Repair damage to galvanizing with the following: Galvanizing Repair Paint: High -zinc -dust -content paint for regalvanizing welds in galvanized steel, with dry film containing not less than 94 percent zinc dust by weight, complying with DOD-P-21035 or SSPC-Paint 20. Steel railing elements shall then be painted with a two -coat inorganic zinc polyurethane paint system as specified in Section 708.03(b) of the CDOT Standard, except that the minimum dry film thickness of the top coat shall be 4.0 mils. The top coat shall be a DARK BROWN color, equivalent to federal standard 595E color #30045. Following erection of the ornamental metal work, clean any Feld welds made, bolted connections and abraded areas of shop paint and exposed areas, and touch up with same paint as used for shop painting. Weld plates provided along the top of the wall shall also be field - painted to match the railing. Care shall be exercised to produce a uniform finish between the shop paint and the touch-up paint. CONSTRUCTION REQUIREMENTS 514.03 Materials shall be carefully handled and stored under cover in manner to prevent deformation and damage to the materials and to shop finishes, and to prevent rusting and the accumulation of foreign matter on the metal work. All such work shall be repaired and cleaned both prior to and after erection. Work shall be erected square, plumb and true, accurately fitted, and with tight joints and intersections. Materials shall be new stock, free from defects impairing strength, durability or appearance, and of best commercial quality for each intended purpose. Connections shall be continuous -welded type for rigid construction, with weld ground smooth. Welding shall conform to applicable requirements of AWSW D1.1. Metal surfaces shall be cleaned and free from mill scale, flake, rust and rust pitting; well formed and finished to shaped and size, true to details with straight, sharp lines and angles and smooth surfaces. Exposed sheared edges shall be eased. - Weld all permanent connections. Wall shall be continuous on all exposed surfaces; exposed weld shall be ground flush and smooth with voids filled with metallic filling compound. Pedestrian rail shall be rigidly braced and secured to surrounding construction, and shall be tight and free of rattle, vibration, or noticeable deflection during construction. -3- REVISION OF SECTION 514 PEDESTRIAN RAILING (STEEL) Rail shall be of Architectural Quality. Exceptional care shall be taken in welding and grinding, filing and surface sanding to provide truly smooth, clean, newt, and flush construction throughout, free of all surface defects and defacements. 44 Remove and replace work at no additional cost to the project for work of this section which is improperly located or is not true to line, and plumb within tolerances and indicated. Repair damaged components and finishes as recommended by the manufacturer and as indicated herein. METHOD OF MEASUREMENT 514.04 Pedestrian Railing (Steel) shall be measured and paid for by the linear foot from end to end of metal rail sections, as shown on plans. — BASIS OF PAYMENT 515.05 The accepted quantities of the various types of rail measured as provided above will be — paid for at the Contract unit price per linear foot, which shall be compensation for all labor, equipment and materials including embedded anchorage, painting, installation and adjustment required to complete the item. Payment will be made under: PAY ITEM PAY UNIT Pedestrian Railing (Steel) Linear Foot N 45 REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 601.02 and replace with the following: 601.02 Classification. The classes of concrete shown in Table 601-1 shall be used when specified in the Contract. Table 601-1 Concrete Table Concrete Required Field Cement Content: Air Content: Water Cement Class Compressive Minimum or % Range Ratio: Maximum Strength (MPa) Range k /m3 Total or Range B 25 (3000 psi) at 335 5-8 N/A 28 days 565 Ibs/ d3 D 30 (4500 psi) at 365 to 392 5-8 0.44 28 days (615 to 660 Ibs/yd3) Class B concrete is an air entrained concrete for general use. Class D or H concrete may be substituted for Class B concrete. Additional requirements for Class B concrete are: Class B concrete shall have a nominal coarse aggregate size of 37.5 mm (1'/z") or smaller, i.e., 100% passing the 50 mm (2") sieve and 90% to 100% passing the 37.5 mm (1'/2") sieve. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class D concrete is a dense medium strength structural concrete. Class H may be substituted for Class D concrete. Additional requirements for Class D concrete are: An approved water reducing admixture shall be incorporated in the mix. Class D concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class D concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Subsection 601.03 shall include the following: Silica fume admixture shall conform to the requirements of subsection 701.03. Calcium chloride shall not be used in any concrete unless otherwise specified. Hit .2. — REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601.04 shall include the following: (a) Sampling and Testing. The Engineer shall obtain samples of concrete from the chute of mixer trucks after all field adjustments to the load are made by the Contractor. No additional '- modifications to the load will be permitted after the sample has been obtained. Sampling and testing shall be performed in accordance with the procedures set forth by ASTM — C 172-97, ASTM C143-98, ASTM C1064-86(93), ASTM C231-97, ASTM C31-98, except that the last sentence of ASTM C31-98, Section 9.2.2 is hereby deleted and replaced with, "If specimens are not transported within 48 h, the molds shall be removed within 24 +/- 8 h and — final curing used until transported; unless such time occurs on a non -working day. In such cases, the cylinders will be permitted to remain in Initial Curing until the end of the next normal working day". The Contractor's mix designs shall account for this modification to the ASTM Test Method standard and no adjustments to the pay reduction specification of Section 601.17 will be made for cylinders remaining in initial cure for the extended period of time as specified herein. Delete subsection 601.05 and replace with the following: 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design Report consisting of design mix proportions, laboratory trial mix and aggregate data for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete Mix Design cannot be approved when the laboratory trial mix and aggregate data are the results from tests performed more than a year in the past. The design mix proportions shall show the weights and sources of all ingredients including cement, fly ash, aggregates, water, additives and the water cement ratio (w/c). When determining the w/c, cement (c) shall be the sum of the weight of the cement, the weight of the fly ash and the weight of silica fume. The laboratory trial mix data shall include results of the following: (a) AASHTO T 119 Slump of Hydraulic Cement Concrete. (b) AASHTO T 121 Mass per Cubic Meter (Cubic Foot), Yield, and Air Content (Gravimetric) ^ of Concrete. Air content from AASHTO T 152 Air Content of Freshly Mixed Concrete by the Pressure Method may be used in lieu of the air content by the gravimetric method in AASHTO T 121. (c) AASHTO T 22 Compressive Strength of Cylindrical Concrete Specimens shall be performed with at least two specimens at 7 days and three specimens at 28 days. Three additional specimens tested at 56 days shall be required for Class H and HT concrete. The maximum slump of the delivered concrete shall be the slump of the approved concrete mix design plus 1 %". The laboratory trial mix must produce an average 28 day compressive strength at least 115 percent of the required 28 day field compressive strength. 47 -3- REVISION OF SECTION 601. STRUCTURAL CONCRETE The laboratory trial mix shall have a relative yield of 0.99 to 1.02. When Portland Cement Concrete Pavement is paid with a volumetric pay quantity, the relative yield of the concrete produced on the project shall be 0.99 to 1.02. If the relative yield of the produced concrete does not conform to this range for two consecutive yield determinations, concrete production shall cease and the Contractor shall present a plan to correct the relative yield to the Engineer. Aggregate data shall include the results of the following: (1) AASHTO T 11 Materials Finer Than 75 um (No. 200) Sieve in Mineral Aggregates by Washing. (2) AASHTO T 19 Unit Weight and Voids in Aggregate. (3) AASHTO T 21 Organic Impurities in Fine Aggregate for Concrete. (4) AASHTO T 27 Sieve Analysis of Fine and Coarse Aggregates. (5) AASHTO T 84 Specific Gravity and Absorption of Fine Aggregate. (6) AASHTO T 85 Specific Gravity and Absorption of Coarse Aggregate. (7) AASHTO T 96 Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (8) AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate. (9) AASHTO T 176 Plastic Fines in Graded Aggregates and Soils by use of the Sand Equivalent Test (10) ASTM C 535 Resistance to Degradation of Large -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine (11) ASTM C 1260 Potential Alkali Reactivity of Aggregates (Mortar -Bar Method) Any aggregate with an expansion of 0.10 percent or more at 16 days after casting as determined by ASTM C 1260 shall not be used unless mitigative measures are included in the mix design and subsequent results of CPL 4202 with the design mix proportions show an expansion not exceeding 0.10 percent at 16 days after casting. The Concrete Mix Design Report shall state what mitigative measures were included in the concrete mix design and include results for ASTM C 1260 and CPL 4202. The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, flyash and silica fume admixture meet the specification requirements and supporting this statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. Where the Contractor's use of fly ash results in any delay, necessary change in admixture quantities or source, or unsatisfactory work, the cost of such delays, changes or corrective actions shall be borne by the Contractor. 48 -4- _ REVISION OF SECTION 601 STRUCTURAL CONCRETE The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, or aggregate. Unless otherwise permitted by the Engineer, the product of only one ` type of portland cement from one mill of any one brand shall be used in a concrete mix design. Review and approval of the Concrete. Mix Design by the Engineer does not constitute acceptance of the concrete. Acceptance will be based solely on the test results of concrete placed on the project. Subsection 601.07 shall include the following: Silica fume shall be added to the mix during initial batching. Subsection 601.12 shall include the following: At the pre -placement conference, the Contractor shall present a concrete winter protection plan for acceptance by the Engineer. The accepted concrete winter protection plan shall contain information on the number and type of heat sources to be used, a sketch detailing the enclosure materials, and all other pertinent information. Sufficient equipment shall be supplied to continuously maintain the specified temperature uniformly in all parts of the enclosure. Insulated blankets on top of the bridge deck and freely circulated artificial heat below the deck will be permitted. Subsection 601.12(c) shall include the following: _ Before concrete placement, all ice, snow, and frost shall be completely removed from within formwork. Salt shall not be used to thaw ice, snow, or frost. Delete subsection 601.13 and replace with the following: 601.13 Curing Concrete Other Than Bridge Decks. When the ambient temperature is below 2 C (35 F) the Contractor shall maintain the concrete temperature above 10 C (50 F) during the curing period. It shall be the Contractor's responsibility to determine for himself the necessity for undertaking protective measures. The minimum curing period shall be determined by one of the following methods. The Engineer shall review for adequacy, the Contractor's determination of the curing period. (1) The minimum curing period shall be 120 hours 49 _ -5- REVISION OF SECTION 601 STRUCTURAL CONCRETE (2) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall cast information cylinders on the final portion of a placement and stored as close to the structure as possible. The information cylinders shall receive similar thermal protection as the structure. The contractor shall be responsible for the protection of the information cylinders. In -place strength shall be determined by at least two cylinders. If the information cylinders are destroyed in the field, the minimum curing period shall be 120 hours. (3) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall develop a maturity relationship for the concrete mix design in accordance with ASTM C 1074. The Contractor shall provide the maturity meter and all necessary thermocouples, thermometers, wires and connectors. The Contractor shall be responsible for the placement, protection and maintenance of the maturity meters and associated equipment. Locations where the maturity meters are placed shall be protected in the same manner as the rest of the structure. The Contractor shall install the thermocouples at locations designated by the Engineer. The Contractor shall monitor the temperature at intervals acceptable to the Engineer. Maturity meters, thermocouples and information cylinders will not be measured or paid for separately, but shall be included in the work. Enclosures with artificial heat sources will be permitted. If enclosures are used the Contractor shall monitor the structural integrity of the enclosure. Artificial heat sources shall not be placed in such a manner as to endanger formwork or expose any area of concrete to drying due to excessive temperatures. At the end of the curing period, the protection shall remain in place until it can be removed without permitting the concrete temperature to fall more than 280C (50°F) in a 24-hour period. Sudden changes of concrete temperature shall be prevented. Immediately after placing fresh concrete, all concrete shall be cured by one of the following methods. The Engineer shall review for adequacy, the curing method proposed by the Contractor. (a) Water Method. All surfaces other than slabs shall be protected from the sun and the whole structure shall be kept wet throughout the curing period. Surfaces requiring a Class 2 finish may have the covering temporarily removed for finishing, but the covering must be restored as soon as possible. All concrete slabs shall be covered as soon as possible with suitable material so that concrete is kept thoroughly wet for at least five days. The concrete surface shall be kept moist at all times by fogging with an atomizing nozzle until the covering is placed. 50 SECTION 00300 BID FORM -6- — REVISION OF SECTION 601 STRUCTURAL CONCRETE (b) Membrane Forming Curing Compound Method. Curing compound may be applied only to those surfaces, which are to receive a Class I or Class 4 final finish. A volatile organic content (VOC) compliant curing compound conforming to AASHTO M 148, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. Curing compound shall not be used on construction joints. The rate of application of curing compound will be in accordance with the manufacturer's — recommendation, but shall not be more than 7 m2/1- (300 ft2/g). All concrete cured by this method shall receive two applications of the curing compound. The first coat shall be applied immediately after stripping of forms and acceptance of the concrete finish. If the — surface is dry, the concrete shall be thoroughly wet with water and the curing compound applied just as the surface film of water disappears. The second application shall be applied after the first application has set. During curing operations, any unsprayed surfaces shall be kept wet with water. The coating shall be protected against marring for a period of at least 10 days after application. Any coating marred, or otherwise disturbed, shall be given an additional coating. Should the surface coating be subjected _ continuously to injury, the Engineer may require that water curing, as described in subsection 601.13(a) be applied at once. When using a curing compound, the compound shall be thoroughly mixed within an hour before use. If the use of a curing compound results in a streaked or blotchy appearance, its use shall be discontinued. Water curing, as described in subsection 601.13 (a), shall then be applied until the cause of the defective appearance is corrected. (c) Form Method. Concrete shall be protected by forms during the curing period Forms shall be kept moist, when necessary, during the curing period to insure the concrete surface remains wet. (d) Blanket Method. Electrically heated curing blankets or insulation blankets may be used in cold weather to maintain specified curing temperature and to retain moisture in concrete. _ Blankets shall be lapped at least 200 mm (8 inches) and shall be free of holes. Blankets shall be secured at laps and edges to prevent moisture from escaping. The following procedures shall be followed if the temperature of the concrete structure falls below 0°C (32°F) before the concrete reaches 80 percent of the required field compressive strength: (1) The Contractor will take cores at locations designated by the Engineer. (2) The Engineer will take immediate possession of the cores and submit the cores to a petrographer for examination in accordance with ASTM C 856. — (3) All costs associated with coring, transmittal of cores, and petrographic examination shall be born by the Contractor regardless of the outcome of the petrographic examination. (4) Concrete damaged by frost as determined by the petrographic examination shall be removed and replaced at the Contractor's expense. 51 REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specification is hereby revised for this project as follows: Section 608.02 shall include the following: Concrete for bikeways shall meet the following requirements: 1. Mix concrete in accordance with ASTM C94. 2. Provide concrete with the following characteristics: Unit a. Compressive Strength b. Minimum Cement C. Maximum Aggregate Size d. Fibrous Reinforcement e. Air Entrainment f. Maximum Water/Cement Ratio g. Maximum Slump Measurement 3,500 psi at 28 days 564 Ib./cy 1 %2 inches % Ib./cy 4% to 6% 0.46 4 inches Coloring agent shall be added to the rest area concrete located to the north of Horsetooth Road (see Sheet LS-1 of 1). Coloring agent shall be Davis Colors Yosemite Brown added at two (2) pounds per sack of cement. Concrete installed at the rest area shall be paid for as Concrete Bikeway (Colored) (6 Inch). Fiber mesh reinforcement for the concrete bikeway shall meet the following requirements: Bundled, fibrillated, virgin polypropylene fibers manufactured for use in premix concrete and having the following characteristics: 1. Special Gravity: 0.91. 2. Tensile Strength: 70 to 100 ksi. 3. Fiber Lengths: '/z inch, % inch. 4. Accepted Materials: "Fibermesh" by Fibermesh Company of Chattanooga, TN; or "Forta CR" by Forta Corporation of Grove City, PA. Section 608.06 shall include the following: Fiber mesh reinforcement will not be measured and paid for separately but shall be included in the cost of Concrete Bikeway (6 Inch). 52 REVISION OF SECTION 608 _ DETECTABLE WARNINGS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall include the following: This work includes the installation of detectable warnings on concrete curb ramps at the locations shown in the plans and in accordance with the plans. Subsection 608.02 shall include the following: Detectable warnings on curb ramps shall be truncated domes of the dimensions shown in the plans. Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers. Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes as shown in the plans. Pavers shall meet the requirements of ASTM C 902 or ASTM C 936. Alternate materials may be used, if pre -approved by the Engineer. The Contractor shall submit a sample of the product, the name of the selected supplier, and documentation that the product meets all contrast requirements and will be fully compatible with the curb ramp surface to the Engineer for approval prior to start of work. Known vendors of alternate products include but are not limited to the following: VENDOR NAME PRODUCT PHONE NUMBERS Detectable Warning Systems, Detectable Warning 866-999-7452 Inc. Mat Disability Devices, Inc. Flexible mat 714-437-5651 14-7-9237 Armor -Tile Surface Engineered Plastics, Inc. Applied Detectable 800 682 2525 Warning Surface Tile TILCO Vanguard Individual domes 800-290-5700 360-668-5700 CAST in TACT Warning 303-944-2682 Barton Supply Panels 303-788-9888 The domes and the underlying surface shall have a minimum of 70% contrast with the light reflectivity of the adjoining surface. The contrast shall be verified using the following equation: Contrast = Bi —B2 x 100 Bi Where B, = Light Reflectance Value (LRV) of the lighter area Bz = LRV of the darker area Absolute black and white will not be permitted. -2- REVISION OF SECTION 608 DETECTABLE WARNINGS 53 The contrast shall be achieved by adding pigment during the fabrication of the paver. Prior to start of work, the Contractor shall submit appropriate documentation from the manufacturer verifying that the contrast has been met, along with a sample paver, to the Engineer for approval. Bedding and joint sand shall be free of deleterious or foreign matter. The sand shall be natural or manufactured from crushed rock. Limestone screenings or stone dust shall not be used. Sand for bedding material shall conform to ASTM C 33. Sand that is to be placed between joints shall conform to ASTM C 144. Subsection 608.03 shall include the following: (g) Detectable Warnings. Pre -fabricated pavers for detectable warnings shall be brought to the site in steel banded, plastic banded or plastic wrapped cubes capable of being transported by a fork lift or clamp lift. Pavers shall be carefully removed and stacked in a manner that results in the least amount of damage. All pavers that are damaged during transport or delivery will be rejected and shall be replaced at the Contractor's expense. Minor cracks or chipping due to transport and handling that do not interfere with the structural integrity of the paver or the overall pattern of truncated domes will not be deemed as grounds for rejection. The Contractor shall spread the bedding sand evenly in the area defined and shall screed the sand to an appropriate embedment depth as shown on the plans or as directed by the Engineer. Sufficient sand should be placed to stay ahead of laid pavers Pavers shall be placed in a running bond pattern. Domes shall be aligned to create a square grid in the predominant direction of travel as shown in the plans. Pavers shall be installed such that the base of the truncated dome is at the same elevation as the adjoining surface, allowing for a smooth transition between the curb ramp and the detectable warning. When cut pavers are required to fill gaps between the pavers and the edge of concrete, the Contractor shall bevel portions of the truncated domes at a 45-degree angle to create a smooth transition between the partial dome and the curb ramp surface. Unless otherwise directed by the Engineer, pavers shall be cut and installed in such a manner that the domes on the cut sections will not significantly impact the overall pattern of the truncated domes. The Contractor shall use a plate vibrator to embed the pavers into the sand. The size and type of plate vibrator shall be in accordance with manufacturer's recommendations, or as directed by the Engineer. All pavers that are damaged during embedment shall be replaced at the Contractor's expense. Joint spacing between paver units shall be in accordance with the manufacturer's recommendations, or as approved by the Engineer. Joints shall be filled completely with joint sand. Excess sand shall be removed by sweeping. -3- REVISION OF SECTION 608 DETECTABLE WARNINGS (h) Alternate products. Alternate materials shall be installed in accordance with manufacturer's recommendations. 4M If domes and mats are used, they shall be aligned to create a square grid in the predominant direction of travel as shown in the plans. In cases where individual domes are used, the existing concrete surface shall be treated to match the color and contrast requirements of the domes. The concrete surface to which alternate materials are to be applied shall be prepared in accordance with manufacturer's recommendations. Material requirements, color and application shall be in accordance with manufacturer's recommendations and as approved by the Engineer Subsection 608.05 shall include the following: Detectable warnings on curb ramps, including sand, pavers, alternate materials, and all other work and materials necessary for fabrication, transport, and installation will not be measured and paid for separately, but shall be included in the work. — 55 REVISION OF SECTION 614 & 630 RETROREFLECTIVE SIGN SHEETING Section 614 and 630 of the Standard Specifications are hereby revised for this project as follows: In Subsection 614.04, first paragraph, delete the second sentence and replace with the following: Retroreflective sheeting shall be Type III and shall conform to Subsection 713.04 and 713.06 when applicable. In Subsection 614.07, first paragraph, delete the second sentence and replace with the following: Retroreflective sheeting shall be Type III and shall conform to Subsection 713.04. In Subsection 630.02, delete the third paragraph and replace with the following: Retroreflective sheeting shall be one of the types specified for the particular application in Table 630-1. Table 630-1 Sheeting Type III Type VI Flourescent Application Work Zone Work Zone Work Zone All Orange Construction Signs (Including Roll- U Signs) X Barricades (Temporary) X Vertical Panels X Flaggers Stop/Slow (May Include Flashing Light Approved under SHRP Product #3016 X Drums X Non Orange Fixed Support Signs with Prefix "W" X X Special Warninq Signs X X STOP Sign (R1-1) YIELD Sign (R1-2) WRONG WAY Sign (R5-1a) X DO NOT ENTER Sign (R5-1) EXIT Sin E5-1a DETOUR Sign M4-9 or M4-10 X X All Other Fixed Support Signs J X All other Signs which use is Limited to Working Hours Only X X X 1. Fluorescent sheeting shall be of a type that is on the Colorado Approved Products List. 2. Drum sheeting shall be manufactured for flexible devices. 3. Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted on barricades, or in accordance with height and lateral clearances shown on Standard Plan S-614-1, "Typical Ground Sign Placement', unless otherwise approved. 56 REVISION OF SECTION 622 REST AREAS AND BUILDINGS Section 622 of the Standard Specifications is hereby revised for this project as follows: _ Subsection 622.20 shall include the following: 1. Bench: _ 1. DuMor, Inc. 6 ft. bench, Model #94. Powder coat color: Fort Collins Green (RAL 6004), medium gloss, as indicated. As manufactured by DuMor, Inc., P.O. Box 142, Mifflintown, PA, 17059. PH: 800-598-4018, FAX: 717-436- 9839. 2. Model Victor Stanley Model RB-28 Bench. Powder coat color: Fort Collins Green (RAL 6004), medium gloss, as indicated. As manufactured by Victor Stanley, Inc. P.O. Drawer 330, Dunkirk, Maryland 20754 USA, Toll Free: (800) 368-2573 (USA & Canada), Fax: (410) 257-7579. Or equal as approved by the Engineer, meeting or exceeding the following: a. 1/2" thick by 2" wide steel end frames. b. Steel slats are formed from sections of 1/4" thick by 1 1/2" solid _ steel bar. C. Polished welds where the vertical steel bars meet at top of bench forming a continuous surface from the top tubular section to each _ ribbon. This adds structural integrity, aesthetic appeal and comfort. d. Reverse contour for comfort. e. Fully welded construction. f. All fabricated steel components are shot -blasted, chemically etched and phosphated, preheated and then electrostatically powder coated. g. Superior powder coated finish (8-10 mils thick) h. Mechanical post -coating joint sealer at every metal to metal connection to prevent rusting. 2. Trash Receptacle: 1. DuMor, Inc. trash receptacle, Model #17. Powder coat color: Fort Collins Green, (RAL 6004) medium gloss, as indicated. As manufactured by DuMor, Inc., P.O. Box 142, Mifflintown, Pk,, 17059. PH: 800-598-4018, FAX: 717-436- _ 9839. 2. Model Victor Stanley Model S-42 Trash Receptacle. Powder coat color: Fort Collins Green (RAL 6004), medium gloss, as indicated. As manufactured by Victor Stanley, Inc. P.O. Drawer 330, Dunkirk, Maryland 20754 USA, Toll Free: (800) 368-2573 (USA & Canada), Fax: (410) 257-7579. 3. Or equal as approved by the Engineer meeting or exceeding the following: i. 3/8" thick vertical steel bars. ii. Fully welded construction. — iii. 36 gallon capacity high density plastic liner. —2— REVISION OF SECTION 622 _ REST AREAS AND BUILDINGS 57 iv. Adjustable leveling feet (keeps frame of receptacle off surface and level on an uneven grade). Receptacle is secured to the ground with one anchor bolt. v. All fabricated steel components are shot -blasted, chemically etched and phosphated, preheated and then electrostatically powder coated. vi. Superior powder coated finish (8-10 mils thick). vii. Mechanical post -coating joint sealer at every metal to metal connection to prevent rusting. Subsection 622.28 shall include the following: Pay Item Pay Unit Bench EACH Trash Receptacle EACH 58 REVISION OF SECTION 628 _ BRIDGE GIRDER AND DECK UNIT Section 628 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 628.01 This work consists of the design, fabrication, delivery to the project site, and erection of a simple span, welded self -weathering steel, truss pedestrian bridge with a concrete deck in accordance with the specifications and plan details. Potential bridge suppliers are: Continental Custom Bridge Company Route 5, Box 178 Alexandria, Minnesota 56308 1-800-328-2047, FAX 612-852-7067 2. Steadfast Bridges P.O. Box 806 _ Fort Payne, Alabama 35967 1-800-749-7515, FAX 205-845-9750 3. Excel Bridge Manufacturing Company 12001 Shoemaker Avenue Santa Fe Springs, California 90670 1-800-548-0054, FAX 213-944-4025 4. Big R Manufacturing and Distributing, Inc. P.O. Box 1290 Greeley, Colorado 80632 1-800-234-0734, FAX 1-970-356-9621 MATERIALS 628.02 Structural Steel. All structural steel shall be new (unused) material. The Contractor shall provide the Engineer with copies of all certified mill test reports for all structural steel and bolts. Floor beams, stringers, and members of each Half -through truss (upper and lower chords, diagonals, end posts and vertical posts) utilized in the bridges shall meet a longitudinal _ Charpy V-notch (CVN) value of 15 ft. lbs. at 40 degrees Fahrenheit. Testing shall be in accordance with AASHTO T 243 (ASTM A 673). The H frequency of heat testing shall be used. The Contractor shall provide the Engineer with certified copies of all CVN test reports. -M -2- REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT All square and rectangular structural steel tubing shall conform to the requirements of ASTM A 847, Cold -Formed Welded and Seamless High Strength, Low Alloy Structural Tubing With Improved Atmospheric Corrosion Resistance. All square and rectangular structural steel tubing shall conform to the requirements of ASTM A 847, Cold -Formed Welded and Seamless High Strength, Low Alloy Structural Tubing With Improved Atmospheric Corrosion Resistance. All structural steel shapes and plates shall conform to the requirements of ASTM A 588, High - Strength Low -Alloy Structural Steel. All anchor bolts and nuts shall conform to the requirements of ASTM A 307, Grade A, Carbon Steel Bolts and Studs, and shall be galvanized in accordance with the requirements of ASTM A 153. Each anchor bolt shall be provided with two nuts for jamming. All structural steel field connections shall be bolted with high strength bolts. High strength bolts, including suitable nuts and plain hardened washers, shall conform to the requirements of ASTM A 325. Bolts shall be Type 3. CONSTRUCTION REQUIREMENTS 628.03 Design. The AASHTO Guide Specifications for Design of Pedestrian Bridges and Division I (design) of the AASHTO Standard Specifications for Bridges shall govern the design. The superstructure of the pedestrian bridge shall consist of two parallel Half -through trusses, with at least one diagonal per panel. The trusses shall be the main load -carrying members of the bridge. The members of each Half -through truss (upper and lower chords, diagonals, end posts, and vertical posts) shall be fabricated from square and rectangular structural steel tubing. Floor beams and stringers shall be fabricated from structural steel shapes or square and rectangular structural steel tubing. The structure shall conform to the clear span, clear width, and railing requirements shown on the plans. The trusses shall be cambered such that the walkway surface conforms to the vertical profile as shown on the plans, plus any additional camber required to account for the dead load deflection of the pedestrian bridge. Pedestrian bridges shall be designed for the following loads and loading conditions: 01 Ri SECTION 00300 BID FORM -3- _ REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT 1. Dead load shall be as defined in Section 3.3 of the AASHTO Standard Specifications. 2. Live load shall be as defined in the AASHTO Guide Specifications. Distribution to the stringer and floor beams shall be in accordance with Section 3 of the AASHTQ Standard Specifications. Deflection and vibration limits as per the AASHTO Guide Specifications shall apply. Pedestrian live load shall be as defined in the AASHTO Guide Specifications, and used in load group I of the AASHTO Standard Specifications, Section 3. Pedestrian live load may be reduced to less than 85psf (but no less than 65psf) for the design of the primary support elements (trusses), as defined in the AASHTO Guide Specifications for Design of Pedestrian Bridges. Live load reductions shall not be applied to the bridge deck and floor system design. Vehicle live load shall be for a 20,000 pound light vehicle (H-10) loading, as defined by the AASHTO Guide Specifications, and used in load group IB of the AASHTO Standard Specifications, Section 3. Distribution to the stringer and floor beams shall be in accordance with Section 3 of the AASHTO Standard Specifications. Deflection and vibration limits as per the AASHTO Guide Specifications shall apply. 3. Wind load shall be as defined by the AASHTO Guide Specifications, and used in load group V of the Standard Specifications, Section 3. Allowable loads in the structural steel members and weld metal shall be in accordance with Section 10 of the AASHTO Standard Specifications. — Minimum thickness of structural steel shall be 3/16 of an inch. All welded tubular connections shall be designed in accordance with Section 2, Parts A and D (Delete Subsection 2.36.6), of the Structural Welding Code -Steel ANSI/AWS/D1.1-96. Continuous wooden bicycle rub rails shall be provided, placed a minimum of 42" above the — bridge deck. Vertical picket rails shall be provided by the manufacturer to a minimum height of 3'-6" above the deck surface and shall be spaced so as to prevent a 4" sphere from passing through the truss. Pickets may be placed on the inside or outside of the structure at the bridge fabricator's option (note: all bridges on this project shall have the same picket rail treatment for _ consistency). The top of the vertical pickets shall have a continuous cap angle or some other means to prevent bridge users from cutting or scraping their hands. The picket safety system shall be designed for an infill loading of 200 pounds, applied horizontally at right angles, to a _ one square foot area at any point in the system. 61 -4- REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT Continuous toe plates shall be provided by the manufacturer for the length of the bridge The picket rails and toe plates shall be placed so that no gaps greater than 4 inches vertically or horizontally exist between the finished bridge deck and the top truss elements for the entire bridge length. The design and shop drawings for the pedestrian bridge shall show the concrete deck and reinforcing required. The concrete and reinforcing steel (not included in bridge contract — to be provided by others) shall conform to Sections 601 and 602, respectively. CDOT Class D concrete (f'c = 4,500 psi) shall be assumed in the design. The Contractor shall submit six sets of Design Calculations and Shop Fabrication Details (Shop Drawings) for each pedestrian bridge separately. This submittal shall be in accordance with Subsection 105.02. The Design Calculations and Shop Drawings shall contain the endorsement seal of the Professional Engineer registered in the State of Colorado responsible for the design. 628.04 Shop Fabrication. Welding and fabrication of weathering steel pedestrian bridges shall conform to the requirements of the Structural Welding Code -Steel ANSI/AWS D1.1-96 as amended by the following: 1. As required in Subsection 4.7.3, a welding procedure shall be established by qualification in accordance with the requirements of Subsection 3.3 for the ASTM A 847 material used on the bridge. The results of the Procedure Qualification shall be recorded on Form E-1 page 298 and 302 of AWS D1.1-96. 2. The Contractor shall submit a Quality Control Plan. The Plan shall include personnel qualifications, certifications, and a Written Practice in accordance with ASNT SNT-TC-1A. 3. The quality of all welds shall be in accordance with Section 6, Table 6.1. In Table 6.1, Undercut 7(B), the criteria for primary members shall apply to the bottom chord members. 4. All Complete Joint Penetration Groove Welds in butt joints in the bottom chord members shall be 100% Magnetic Particle tested in accordance with ASTM E 709. Acceptance shall be determined in accordance with Section 6.10 and Table 6.1, using Alternating Current. In addition, complete joint penetration groove butt welds welded from one side without backing of bottom chord members shall be examined by ultrasonic testing in accordance with Section 6.11.1. 5. Magnetic Particle Testing shall be performed 100% on all attachment welds to the bottom chord, using Alternating Current, in accordance with Section 6.10 and Table 6.1. 62 REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT 6. All Procedure Qualification Records and Welder Qualification Test Records shall be current within three years of the date of beginning fabrication. 7. A copy of all Procedure Qualification Records, Welder Qualification Test Records, Quality Control Plan and all visual and nondestructive test reports shall be provided to The Engineer. All weathering steel shall be blast cleaned, Steel Structures Painting Council Surface Preparation No. 6 (SSPC-SP6, Commercial Blast Cleaning), to remove mill scale and foreign material which would prohibit rusting to a uniform color. 628.05 Field Construction. The substructure shall be constructed in accordance with the details shown in the plans and the pedestrian bridge shop drawings. The pedestrian bridge supplier shall include in the shop drawings for the pedestrian bridge the anchor bolt requirements (including number of bolts required, size, spacing and location) needed to properly construct the substructure to accommodate the proper erection of the structure being provided. The Engineer shall be provided with two copies of detail sheets delineating these requirements before work begins. METHOD OF MEASUREMENT 628.06 Pedestrian bridge will be measured by the Bridge Girder and Deck Unit installed and accepted. BASIS OF PAYMENT 628.07 The accepted quantity shall be paid for at the contract unit price for the pay unit listed below. Payment will be made under: PAY ITEM PAY UNIT Bridge Girder and Deck Unit (27'-8") EACH Bridge Girder and Deck Unit (42'-0") EACH Bridge Girder and Deck Unit (50'-0") EACH 63 TRAFFIC CONTROL PLAN - GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in Subsection 630.09. The components of the TCP for this project are included in the following: • City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices. • Section 630 of the specifications. • Revision of Sections 100, 104 and 108 of these Project Specifications. • Standard Plan S-630-1, Traffic Controls for Highway Construction, Case and Standard Plan S-630-2. • Permanent Traffic Signal Plans • Signing and Striping Plans Special Traffic Control Plan requirements for this project are as follows: A. The Contractor shall submit his own detailed Traffic Control Plan for the work for approval by the Owner. The submittal shall be made at least two weeks before implementation of any element of the plan. Adjustments to the approved plan may be required by the Owner based on actual traffic operation. B. Closures of City streets will not be allowed. C. Lane closures or narrowing of lanes shall be allowed as approved by the City of Fort Collins Traffic Engineer. D. The Contractor shall maintain pedestrian and bicycle movements through the project site. The Traffic Control plan shall address the method of handling these movements. E. The Contractor shall, at all times, provide for emergency vehicle access into and through the construction site. F. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. G. Keep fire hydrants and water control valves free from obstruction and available for use at all times. H. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. 64 -2- TRAFFIC CONTROL PLAN - GENERAL I. Provide and maintain continual temporary access for businesses and residences. J. Roadway Usage Between Operations - At all times when work is not actually in progress, Contractor shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between Contractor and Owner and all authorities having jurisdiction over any properties involved. K. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. M. The Contractor shall coordinate Traffic Control activities with the City of Fort Collins Traffic Engineering and Electric Departments to assure that work activities by those departments are coordinated with the Contractor's activities. At the least 48 hours notice is required. O. The Contractor shall maintain 12' lanes throughout the project. C-9 UTILITIES The following Utilities are known to be within the project limits: Utility/Agency Sanitary Sewer - City of Fort Collins Water — City of Fort Collins Storm Water — City of Fort Collins Electric — City of Fort Collins Gas — Xcel Energy Lighting — City of Fort Collins Telephone — Qwest Cable TV — Comcast Contact Roger Buffington Roger Buffington Glen Schlueter Doug Martine Randy Blank Doug Martine Bob Rulli Dennis Greenwalt Railroad — Burlington Northern and Santa Fe Scott Peterson Sanitary Sewer/Water — Fort Collins/Loveland Terry Farrill Water District; South Fort Collins Sanitation District New Mercer Ditch/Larimer County No. 2 Ditch John Andrew Phone (970)221-6854 (970)221-6854 (970)224-6065 (970)224-6152 (970)225-7847 (970)224-6152 (970)377-6401 (970)484-7166 (307) 432-7346 (970)226-3104 (303) 297-9005 The work described in these plans and specifications will require full coordination between the Contractor and the Utility Companies, in accordance with Subsection 105.06 and while performing their respective operations, so the utility work can be completed with minimum delays to all parties concerned. The following utility work shall be performed by the Contractor: The Contractor shall be responsible for coordinating the adjustment of all utilities on this project and scheduling the work to coincide with construction activities. The Contractor shall keep each utility company advised of any work being done to their facilities by the contractor's forces, so that each utility company can coordinate their inspections for final acceptance with the Engineer. Provide written notice to each utility company, with a copy to the Engineer, prior to any work by a utility company that is to be coordinated with project construction. A minimum of three (3) calendar weeks of prior notice is required. If needed, or as directed by the Engineer, the Contractor shall provide traffic control for any utility work to be coordinated with the project's construction, in accordance with an approved Method of Handling Traffic (MHT). Payment to be made via contract bid item(s). M. -2- UTILITIES The Contractor shall coordinate with the New Mercer Ditch and Larimer County No. 2 Ditch regarding the construction of bridges and box culverts within the ditches. The New Mercer Ditch and Larimer County No. 2 Ditch will be in use from April 1 through October 31, discharging an average of about 45 cfs and a maximum of about 70 cfs. The Contractor shall coordinate with the City of Fort Collins Electric regarding the installation of pedestrian lighting and the City of Fort Collins Traffic Department regarding the installation of pedestrian signals. The following utility work shall be performed by the Utility Company or their agents: The City of Fort Collins Electric — Provide street lights and power sources for pedestrian lighting. Reset electrical poles in conflict with the trail system. Xcel Energy — Two gas vents will need to be relocated. Approximate location of the vents is: Station 252+55± General The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements"), when _ excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least three (3) business days prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC-registered lines marked by member companies. Call 1-800-922-1987 for locate requests outside the Denver Metro area. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning _ excavation or grading. The location of utility facilities, as shown on the plans and profile sheets and described herein, were obtained from the best available information. All costs incidental to the foregoing requirements will not be paid for separately, but shall be included in the work. 67 FORCE ACCOUNT ITEMS This special provision contains the estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. Basis of Payment Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Estimated Force Account Item Quantity Amount F/A 01 Minor Contract Revisions 1 FA $ 100,000 F/A 02 Erosion Control 1 FA $ 5,000 F/A 03 Railroad Flagging 1 FA $ 5,000 Force Account Item Descriptions: F/A 01 Minor Contract Revisions payments are for contract adjustments authorized through contract modification orders. F/A 02 Erosion Control payment is for any unforeseen stormwater issues that require erosion control but not included in the 208 items listed in the summary of approximate quantities. The work shall be approved by the Engineer prior to purchasing and placing any erosion control items. If justification is not proven before implementation, payment will not be made. F/A 03 Railroad Flagging payments will be made to BNSF forces for flagging as required to oversee structure construction of and around the BNSF railroad tracks. RAILROAD REQUIREMENTS-BNSF General This project includes construction work on the rights -of -way and/or properties of The Burlington Northern and Santa Fe Railway Company (hereinafter called "Railroad") and adjacent to the tracks, wire lines, and other facilities of Railroad. That portion of this project involving a hazard to the Railroad, due to the Contractor's operations, is estimated to be 10 percent of the total project. The Department of Transportation of the State of Colorado and City of Fort Collins (hereinafter collectively called "Department") does not guarantee the accuracy of this estimated percentage and assumes no responsibility or liability for losses incurred by the Contractor or any insurance underwriter in relying upon the accuracy of the estimate in any manner whatsoever. The Contractor and subcontractors shall cooperate with the officers and the authorized representatives of the Railroad and its tenants to the end. The Contractor's work shall be begun, conducted, and completed in such manner as to cause no interference whatsoever with the safety or the continuous and uninterrupted use and operation of the tracks, wire lines, and other facilities belonging to the Railroad or its tenants. For the benefit of the Contractor and the Insurer(s), the current railroad traffic at the project area is estimated at: 8 train movements per day, at maximum speeds of 40 MPH. The plans for this project, affecting the Railroad, are subject to approval by the Railroad and —' changes in plans may be required after award of Contract. Such changes are subject to the approval of the Department and the Railroad. Before commencing any work on Railroad's properties, the Contractor shall notify: Mr. Andy Amparan Manager Public Projects The Burlington Northern and Santa Fe Railway Company 4515 Kansas Ave. Kansas City, KS 66106 (913) 551-4964 phone (913) 551-4077 fax For flagging and inspection services required by Railroad, contact: Mr. Edward C. Gallagher Division Engineer The Burlington Northern and Santa Fe Railway Company 3700 Globeville Road Denver, CO 80216 Phone: (303) 480-6393 FAX: (303) 480-7463 All notices and correspondence with the Railroad shall contain the project number and location. Conforming copies of such notices and correspondence shall be submitted to the Department's Engineer. .• -2- RAILROAD REQUIREMENTS-BNSF Said notices to be given in writing at least ten days in advance of the date on which the Contractor expects to begin such work. Notice shall also be given within ten days following completion and acceptance of such work. The Contractor shall comply with all rules and regulations prescribed by the Railroad, as to the proper manner of protecting the tracks (and the traffic moving thereon), telephone, telegraph and signal wires, and other property of the Railroad or its tenants at and in the vicinity of the project during the time such work is being performed, and all costs for complying with such rules and regulations shall be borne by the Contractor. The Contractor shall enter into agreement with the Railroad in the form of attached "Exhibit C" and "Exhibit C-1" or latest versions thereof provided by the Railroad. All costs and fees for entering into said agreement with the Railroad shall be borne by the Contractor. The Railroad shall assign to the Contractor flagmen for the protection of train operations where necessary. All costs for such flagmen shall be as provided in Railroad Flagging herein. The Contractor shall hold the Railroad harmless and indemnify it from and against any and all loss, damage, claims, demands, causes of action, cost and expenses of whatsoever nature arising out of damage to or destruction of property whatsoever, where such injury, death, damage, or destruction results from any cause due to work done in connection with the construction of the project on or in close proximity to railroad property and shall also release the Railroad from and shall waive any claim for injury or damage to the work under construction or to the property which may result from the construction, maintenance, and operation of railroad tracks, wire lines, pipe lines, and other railroad facilities on said right-of-ways of the Railroad, SAVE AND EXCEPTING any death, damage, or destruction resulting solely from the negligent acts or omissions of the Railroad, its officers, agents, or employees. Railroad Insurance Policy or policies of Insurance, set forth in the Standard Special Provisions titled RAILROAD INSURANCE and as shown in Section 2 of Exhibit "C-1 ", shall be furnished to the Department's Staff Construction Engineer for transmittal to the Railroad. If there is a difference in coverage amounts, the higher amounts shall be provided. All such insurance shall be maintained so long as work shall continue in the vicinity of Railroad property. If any part of the Contract work on Railroad's properties is sublet, similar insurance shall be provided by or in behalf of each subcontractor. Contract Requirements The Contractor shall comply with the Railroad requirements of attached "Exhibit C" and "Exhibit C-1". 2. The Contractor and Railroad shall agree, in advance, upon methods and procedures covering all construction on Railroad's properties. When required by Railroad, such proposals shall be in writing. 70 ADDENDUM No. City of. Fort Collins SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail OPENING DATE: 3:00 P.M. (Our Clock) August 30, 2005 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Clarification on Railroad Safety and Security Training for Material Suppliers and Sub -Contractors: It is not necessary for Material Suppliers to have the Railroad Safety and Security Training. Sub -contractors do not need Railroad Safety and Security training so long as there are Primary Contractor employees (that are required to have the Railroad Safety and Security Training) on the job site. II. Railroad Flagging will be arranged and paid for by The City of Fort Collins. Page 71 of the Contract in the Special Provisions will be revised as follows: under "Railroad Flagging": a. "The Contractor shall notify the Railroad in writing 10 days prior to beginning and 48 hours prior to stopping any work that will require protective services. The Contractor shall notify the Railroad five days prior to canceling protective services." is revised to read: The City of Fort Collins shall notify the Railroad in writing 10 days prior to beginning and 48 hours prior to stopping any work that will require protective services. The City of Fort Collins shall notify the Railroad five days prior to canceling protective services. b. " The Railroad will bill the Contractor monthly at the current rates of pay for flagging services furnished and the Contractor shall pay the Railroad within 30 days after the receipt of bills. The Department will reimburse the Contractor under the planned force account item "Railroad Flagging" is revised to read: The Railroad will bill the City of Fort Collins monthly at the current rates of pay for flagging services furnished and the City of Fort Collins shall pay the Railroad within 30 days after the receipt of bills. The Department will not reimburse the Contractor under the planned force account item "Railroad Flagging" Ill. Item 607 — Fence (Plastic) shall be 48" high lightweight orange safety "crowd control" plastic (high density polyethylene) fencing (Resinet SL24-48100-0, or equal). The post shall be metal studded "tee" line post spaced at 16 feet. The fencing shall be securely tied to the post, and shall be removed as directed by the engineer. IV. Pedestrian Bridge #1 Wingwall Elevation Correction: There is a discreprency on the top of the East wing wall elevations for Pedestrian Bridge #1 on plan sheets 11 and 12. The correct eastside wing wall elevation is: 5041.54'. The appropriate correction to sheet number 12 should be made and noted on your construction plan sets. 21S North Mason Street . 2i" Moor - Y.O. Rox 580 • Fort Collins, C'O 80522-0580 • (970) 221-6775 - Fax (970) 221-6707 www.fcgtw.com N SECTION 00300 BID FORM PROJECT: 5932 Mason Street/Harmony Road/Spring Cre''e'',k,,Bike/Pedestrian Trail Place-?(CL- lyl,(e cc Date g"_3c.,_Cyj 1. In compliance with your Invitation to Bid dated `-Zq_B and subject to all conditions thereof, the undersigned a (Corporation, 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 S�C) Q bia ($ ) 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:�,yrlr�jcuera, Rui4- aD Ac,4(r:' MA[i �r',✓z- ('c) 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. `_through _I 7/96 Section 00300 Page 1 -3- _ RAILROAD REQUIREMENTS-BNSF _ 3. The Contractor shall comply with Federal Railway Administration requirements regarding Roadway Worker Protection. (See Section 1.02.01 of Exhibit "C" for additional BNSF requirements.) Information regarding the BNSF Contractor Safety Orientation program is available at the following website: www.contractororientation.com. There is an $11/person cost to the Contractor for this training program. Work To Be Done By Railroad Furnish personnel for protection and inspection services. Railroad Flagging The Contractor shall notify the Railroad in writing 10 days prior to beginning and 48 hours prior to stopping any work that will require protective services. The Contractor shall notify the Railroad five days prior to canceling protective services. It is estimated that one flag person will be required. During the construction period, all flagging and protective services shall be performed strictly in accordance with directives and instructions issued by the Railroad. Contractor shall confer with the Railroad for the times, locations, and manner of such protective measures. Flagging services will be performed by Section men. The estimated pay rate for each flag person is $500 per day for an 8-hour day with time and one-half for overtime, Saturdays, Sundays, and holidays. Related costs included in the hourly rate covers vacation allowances, paid holidays, retirement and unemployment, public liability and property damage insurance, health and welfare, and supervision. This rate is subject to any increases which may result from Railroad Employees -Railroad Management negotiations or which may be authorized by Federal authorities. For information, the estimated cost of flagging services for this project is $5,000, but is not limited to that figure. To the extent of the actual cost, the Department will reimburse the Contractor for all approved flagging hereunder. The cost of flagging required subsequent to the Contract time expiration date or any approved extension of time shall be borne by the Contractor. The Railroad will bill the Contractor monthly at the current rates of pay for flagging services furnished and the Contractor shall pay the Railroad within 30 days after receipt of bills. The Department will reimburse the Contractor under the planned force account item "Railroad Flagging". 71 EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General 1.01.01 The Contractor shall cooperate with THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of the Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail. 1.01.02 The Contractor shall plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. 1.01.03 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. 1.01.04 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental, health and safety. The Contractor shall be responsible for and indemnify and save Railway harmless from all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. 1.01.05 The Contractor shall notify the Department and Railway's Manager Public Projects, Andy Amparan, telephone number (913)551-4964 at least thirty (30) working days before commencing any work on Railway Property. Contractors notification to Railway, shall refer to Railroad's file March 17, 2005 Indefinite Term Lease — Land. City of Fort Collins CO (Effective April 1. 2005), MTC Trail. 1.01.06 For any falsework above any tracks or any excavations located, whichever is greater, within twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 1/2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor shall furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing shall include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. All calculations shall take into consideration railway surcharge loading and shall be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations shall be stamped by a registered professional engineer licensed to practice in the state.the project is located. The Contractor shall not begin work until notified by the Railway that plans have been approved. The Contractor shall be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case shall the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. 72 1.01.07 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor shall have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Agreement 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees shall enter Railway Property without first having completed the BNSF Contractor Safety Orientation course. The Contractor shall ensure that at a minimum its on -site Project Supervisor(s) have completed the BNSF Safety Orientation course and that each of its employees, subcontractors, agents or invitees has completed the same Safety Orientation course before any work is performed on the Project. 1.03 Railway Requirements 1.03.01 The Contractor shall take protective measures as are necessary to keep railway facilities, including track ballast; free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement shall be paid for by the Agency. 1.03.02 The Contractor shall notify the Railway's Division Engineer Ed Gallagher at (303) 480- 6393 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. 1.03.03 The Contractor shall abide by the following clearances during construction: • 25'-0" Horizontally from centerline of nearest track. • 22'-6" Vertically above top of rail (Temporary Falsework Clearance may be reduced to 21'-6". Subject to Railway and Public Utilities Commission approval) • 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts —� • 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts • 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts • 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts _ 1.03.04 Any infringement within State statutory clearances due to the Contractor's operations shall be submitted to the Railway and to the Department and shall not be undertaken until approved in _ writing by the Railway, and until the Department has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. 1 73 1.03.05 In the case of impaired vertical clearance above top of rail, Railway shall have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices shall be borne by the Agency. 1.03.06 The details of construction affecting the Railway's Property and tracks not included in the contract plans shall be submitted to the Railway by the Contractor for approval before work is undertaken and this work shall not be undertaken until approved by the Railway. 1.03.07 At other than public road crossings, the Contractor shall not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor shall obtain a "Temporary Private Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing shall be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor shall be at the expense of the Contractor. 1.03.08 Discharge, release or spill on the Railway Property of any hazardous substances in excess of a reportable quantity or any hazardous waste is prohibited and Contractor shall immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills. Contractor shall not allow Railway Property to become a treatment, storage facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. 1:03.09 The Contractor upon completion of the work covered by this contract, shall promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and shall cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Safety Action Plan 1.04.01 Each Contractor shall develop and implement a Safety Action Plan which shall be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor shall audit it's compliance with the Safety Action Plan. The Contractor shall designate an on -site Project Supervisor who shall serve as the contact person for the Railway and who shall maintain a copy of the Safety Action Plan and subsequent audits at the job site for inspection and review by the Railway at any time during the course of the project. The Safety Action Plan shall contain, but not be limited to the following; Contractors Employee Safety Safety Orientation (Sec 1.02.01) Job Briefings (Sec1.06.01 & 1.06.02) Personal Protective Equipment ( Sec 1.06.08) Protection of Railway Facilities and Railway Flagger Services (Sec 1.03.05 & 1.05) Protection of Contract Employees working nearer than 25 feet from any track (Sec 1.06.03) Work After Hours (Sec 1.06.04) Contractor Employee Training Personal Injury Reporting (Sec 1.09) Accident Investigation and Analysis High Risk Work Areas/Situations Notification of Damage to Railway property or hazards that could affect the safe operation of trains (Sec 1.06.06) Falsework/Shoring affecting the integrity of tracks (Sec 1.01.06) Clearances affecting the integrity of train operations (Sec 1.03.03) 74 Moving Equipment and Materials across Railway's tracks (Sec 1.03.07) Security of Machines, Equipment and Vehicles (Sec 1.06.10) Power line Safety (Sec 1.06.12) Excavation Safety (Sec 1.07) High Risk Employees Alcohol and Drug Use (Sec 1.06.05) Firearms or Deadly Weapons (Sec 1.06.07) Property Damage, Housekeeping and Clean-up (Sec 1.03.01 & 1.03.09) Storage of Materials (Sec 1.06.09) Facility Auditing Compliance with Laws (Sec 1.01.04) Hazardous Substances and Materials Discharges, Releases and Spills (Sec 1.03.08) Hazardous Materials encountered in excavations (Sec 1.08) -, 1.05 Protection of Railway Facilities and Railway Flagger Services: 1.05.01 The Contractor shall give a minimum of 10 working days notice to Scott Peterson, the Railways Roadmaster at (307)432-7346, in advance of when flagging services will be required. 1.05.02 Railway flagger and protective services and devices will be required and furnished when Contractors work activities are located over or under of and within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned outside of 25-foot horizontally from track centerline that could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: 1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's Property, employees, trains, engines and facilities. 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. 75 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. 1.05.03 Flagging services will be performed by qualified railway flaggers. The base cost for (1) Flagger is $500.00 for Vacation Allowance, Paid Holidays, Railway and Unemployment Insurance, Public Liability and Property Damage Insurance and Health and Welfare Benefits, Transportation, meals, lodging and Supervision, for an eight (8)-hour basic day with time and one-half or double time for overtime, rest days and Holidays. This rate is subject to any increases which may result from Railway Employees -Railway Management negotiations or which may be authorized by Federal authorities. 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. 1.05.03b Each time a flagger is called, the minimum period for billing shall be the eight (8) hour basic day. 1.05.03c The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be bome by the Department. 1.05.03d The average train traffic per 24-hour period on this route is 8 freight trains at a timetable speed of 40 MPH and 0 passenger trains at a timetable speed of N/A MPH and 0-1 switch engine movements. 1.06 Contractor General Safety Requirements 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track shall be in compliance with FRA Roadway Worker Protection Regulations. 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing shall be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). 1.06.03 Workers shall not work nearer than 25 feet to the centerline of any track without proper flag/work protection provided by the Railway, unless the track is protected by track bulletin and work has been authorized by the Railway. If flag/work protection is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the flag/work protection, (3) the method of communication to stop and resume work, and (4) entry into flag/work limits when designated. Men or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing if working at less than 25 feet from center line of track. 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railroad's representative in charge of the project must be notified. A minimum of two employees shall be present at all times. 1.06.05 Any Contractor employee, its subcontractors employee, agents or invitees under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be 76 removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. 1.06.06 Any damage to Railway Property, or if any hazard is noticed on passing trains, shall be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with a track, signal equipment, or structure (bridge) could result in a train derailment and shall be reported by the quickest means possible to the Railway representative in charge of the project and to the Railways Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and shall be posted at the job site. 1.06.07 All persons are prohibited from having pocket knife with blade in excess of three (3) inches, firearms or other deadly weapons in their possession while working on Railway's Property. -, 1.06.08 All personnel protective equipment used on Railway Property shall meet applicable OSHA and ANSI specifications. Railway personnel protective equipment requirements are; a) safety glasses: permanently affixed side shields; no yellow lenses, b) hard hats with high visibility orange cover, c) safety shoes: hardened toe, above -the -ankle lace -up with a defined heel and d), high visibility retro-reflective orange vests are required as specified by the Railroad's representative in _ charge of the project. Hearing protection, fall protection and respirators will be worn as required by State and Federal regulations. 1:06.09 The Contractor shall not pile or store any materials, machinery or equipment closer than 25'-0" to the center line of the nearest Railway track. At highway/rail at -grade crossings materials, machinery or equipment shall not be stored or left temporarily which interferes with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor, will —. establish a storage area with concurrence of the Railroad's representative. 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked -. machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water shall meet all Federal, State and Local regulations. 1.06.12 All power line wires must be considered dangerous and of high voltage unless Contractor has been informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load shall be; 200 KV or below -15 feet, 200 to 350 KV - 20 feet, 350 to 500 KV - 25 feet, 500 to 750 KV - 35 feet, 750 to 1000 KV - 45 feet and if capacity of the line is not known, minimum clearance of 45 feet must be maintained. A person -- shall be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 77 1.07 Excavation 1.07.01 Before excavating, it must be ascertained by the Contractor if there are any underground pipe lines, electric wires, or cables, including fiber optic cable systems that either cross or run parallel with the track which are located within the Projects work area. Excavating on Railway's Property could result in damage to buried cables resulting in delay to Railway traffic, including disruption of service to users resulting in business interruptions involving loss of revenue and profits. Before any excavation commences, the Contractor must contact the Railway's Signal Supervisor and Roadmaster. All underground and overhead wires must be considered HIGH VOLTAGE and dangerous until verified with the company having Ownership of the line. It is also the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. 1.07.02 The Contractor must cease all work and the Railway must be notified immediately before continuing excavation in the area if obstructions are encountered that do not appear on drawings If the obstruction is a utility, and the Owner of the utility can be identified, then the Owner should also be notified immediately. If there is any doubt about the location of underground cables or lines of any kind, no work will be performed until the exact location has been determined. There will be no exceptions to these instructions. 1.07.03 All excavations shall be conducted in compliance with applicable OSHA regulations and regardless of depth shall be shored where there is any danger to tracks, structures or personnel. 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor shall immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Representative no later than the close of shift on the date of the injury. 78 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. 1. Accident City/St 2. Date: Time: County: 3. Temperature: 4. Weather (if non-BNSF location) 5. Social Security # 6. Name (last, first, mi) 7. Address: Street: City: St. Zip: 8. Date of Birth: and/or Age Gender: (if available) 9. (a) Injury: (b) Body Part: (i.e. (a) Laceration (b) Hand) 11. Description of Accident (To include location, action, result, etc.): 12. Treatment: ❑ First Aid Only ❑ Required Medical Treatment ❑ Other Medical Treatment 13. Dr. Name 30. Date: 14. Dr. Address: Street: City: St: Zip: 15. Hospital Name: - 16. Hospital Address: Street: City: St: Zip: 17. Diagnosis: FAX TO RAILWAYAT (817) 352-7595 AND COPY TO RAILWAY REPRESENTATIVE AT 79 EXHIBIT "C-1" AGREEMENT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND THE CONTRACTOR THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Attention: Manager Public Projects Railway File: Department Project: Gentlemen: The undersigned, hereinafter referred to as Contractor, has entered into a Contract dated 20_, with the Department for the performance of certain work in connection with the project. in the performance of which work the Contractor will necessarily be required to conduct operations within THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY ("Railway"), right of way and property ("Railway Property"). The Contract provides that no work shall be commenced within Railway Property until the Contractor employed in connection with said work for Department shall have executed and delivered to Railway an Agreement, in the form hereof, and shall have provided insurance of the coverage and limits specified in said Contract and Section 2 of this Agreement. If this Agreement is executed by other than the Owner, General Partner, President or Vice President of Contractor, evidence is furnished to you herewith certifying that the signatory is empowered to execute this Agreement for the Contractor. Accordingly, as one of the inducements to and as part of the consideration for Railway granting permission to Contractor to enter upon Railway Property, Contractor, effective on the date of said Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor agrees to release Railway from any claims arising from the performance of this Agreement which Contractor or any of its employees, subcontractors, agents or invitees could otherwise assert against Railway, regardless of the negligence of Railway, except to the extent that such claims are proximately caused by the intentional misconduct or gross negligence of Railway. Contractor shall indemnify and hold harmless Railway for all judgments, awards, claims, demands, and expenses (including attomeys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or failure to perform any obligation hereunder. THE LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. 0 CONTRACTOR BY: MOUNUIN CONSTRUCTORS, INC. ADDRESS: P.O. Box 4Q5 Platteville, CO 50651 (970) 785=616' 8. BID SCHEDULE (Base Bid) Mason Bike/Ped Trail from Harmony Road to Spring Creek Bid Tab 201 1 CLEARING AND GRUBBING LS .0 1 Z> p 202.0001 REMOVAL OF TREE EA 4DO.oa 2 9 © O • C 202.00019 REMOVAL OF INLET EA 33o.on 1 p . 202.00033 REMOVAL OF PIPE EA jao, oo 1 202.00034 REMOVAL OF PIPE SPECIAL EA 1 202.0019 REMOVAL OF CONCRETE MEDIAN COVER MATERIAL SY 13 • O 24 202.002 REMOVAL OF SIDEWALK SY Imo. 40 1 177 SSX _ _'i(-% 202.0022 1 REMOVAL OF ASPHALT MAT SY 1232 202.00495 REMOVAL OF PORTIONS OF PRESENT STRUCTURE LS 2sb,ocl 1 202.0081 REMOVAL OF GROUND SIGN EA O 3 O 202.04 PLUG STRUCTURE EA 3 202.04002 CLEAN CULVERT EA 0 . On 1 203.0001 EMBANKMENT MATERIAL CIP CY 4883 203.015 BLADING HR 40 loon, nc 203.01597 POTHOLING HR 1:cn nr1 20 /_nn. o tr 206.001 STRUCTURE BACKFILL CLASS 1 CY I I R, On 252 g 206.0051 FILTER MATERIAL CLASS A CY %.00 15 Q 208.0002 SILT FENCE LF 3750 208.00045 CONCRETE WASHOUT STRUCTURE EA 1 208.0005 STORM DRAIN INLET PROTECTION EA 2 QC 208.0007 STABILIZED CONSTRUCTION ENTRANCE EA 6 '% $d0 . C 208.001 SEDIMENT REMOVAL AND DISPOSAL LS o:�t Cxj 1 scyaoc 208.002 EROSION CONTROL SUPERVISOR LS OO oo 1 .3 0040.0C 210.0005 RESET FIRE HYDRANT EA 1 .p 210.0081 RESET GROUND SIGN EA 175. 5 . w 210.0401 ADJ ST MANHOLE EA qROAQ 2 0. (= 210.0405 ADJUST VALVE BOX EA 3 nn on 2 /an n . OC 7/96 Section 00300 Page 2 THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE ANY _ CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it shall adjust and settle all claims made against Railway, and shall, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway shall give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor shall proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railways discretion, shall defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. -, It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement shall survive any termination of this Agreement. Section 2. INSURANCE. (a) Before commencing any work under this Agreement, Contractor must provide and maintain in effect throughout the term of this Agreement insurance, at Contractor's expense, covering all of the work and services to be performed hereunder by Contractor and each of its subcontractors, as described below: — (1) Workers' Compensation coverage as is required by State law. THE (2) Commercial General Liability and automobile insurance covering liability, including but not limited to Public Liability, Personal Injury, Property Damage and Contractual Liability covering the obligations assumed by Contractor in Section 1, with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. Where explosion, collapse, or underground hazards are involved, the X, C, and U exclusions must be removed from the policy. 81 (3) Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway Company is the Named Insured covering all of the liability assumed by the Contractor under the provisions of this Agreement with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. Coverage shall be issued on a standard ISO form CG 00 35 01 96 and endorsed to include ISO form CG 28 31 10 93 and the Limited Seepage and Pollution Endorsement (see attached copy). The average train traffic per 24-hour period on this route is 8 freight trains at a timetable speed of 40 MPH and 0 passenger trains at a timetable speed of N/A MPH and 0-1 switch engine movements. All insurance shall be placed with insurance companies licensed to do business in the States in which the work is to be performed, and with a current Best's Insurance Guide Rating of A- and Class VII, or better. In all cases except Workers' Compensation and Railroad Protective Liability coverage the certificate must specifically state that THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY IS AN ADDITIONAL 1&1i11a Any coverage afforded Railway, the Certificate Holder, as an Additional Insured shall apply as primary and not excess to any coverage issued in the name of Railway. (b) Such insurance shall be approved by the Railway before any work is performed on Railway's Property and shall be carried until all work required to be performed on or adjacent to Railway's Property under the terms of the contract is satisfactorily completed as determined by Department, and thereafter until all tools, equipment and materials not belonging to the Railway, have been removed from Railway's Property and Railway Property is left in a clean and presentable condition. The insurance herein required shall be obtained by the Contractor and Contractor shall furnish Railway with an original certificate of insurance, signed by the insurance company, or its authorized representative, evidencing the issuance of insurance coverage as prescribed in (a) 1, 2 and 3 above, plus the original Railroad Protective Liability insurance policy to: Attention: Laurie Bishop The Burlington Northern and Santa Fe Railway Company Maintenance Field Support 4501 Kansas Avenue Kansas City, Kansas 66106 The certificate of insurance shall guarantee that the policies will not be amended, altered, modified or canceled insofar as the coverage contemplated hereunder is concerned, without at least thirty (30) days notice mailed by registered mail to Railway. m Full compensation for all premiums which the Contractor is required to pay on all the insurance described hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the Contract, and no additional allowance will be made therefore or for additional premiums which may be required by extensions of the policies of insurance. It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under Sectionl will not in any way be limited to or affected by the amount of insurance obtained and carried by the Contractor in connection with said Contract. The Railway file reference number and location information shown at the top of this Agreement, must appear on any original insurance policies or certificates of insurance sent to Railway by the Contractor. Section 3. The Contractor will observe and comply with all the provisions, obligations and limitations to be observed by Contractor which are contained in the subdivision of the specifications of said Contract, entitled EXHIBIT "C", CONTRACTOR REQUIREMENTS, and shall include, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 4. Contractor shall be responsible to Railway, including its affiliated railway companies, and its tenants for all damages for any unscheduled delay to a freight or passenger train that affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment and train service employees' contractual loss of incentive pay and bonuses, and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the. Railway performing Railway Work. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use, Contractor will be billed per freight train hour at an average rate of 385.33 in 1997) with annual adjustments) per hour per train as determined from Railway's record. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. In addition to the above damages, passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer. Under. these arrangements, if Railway does not meet its contract service commitment, Railway may suffer loss of performance or incentive pay or be subject to a penalty payment. Contractor shall be responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor, or subcontractors. As example, a train arrives 30 minutes after its contract service commitments and Railway is assessed damages per terms of the contract. Either Contractor, and/or subcontractors, caused a 29 minute delay to the train and therefore are not responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway. 83 As example, a train arrives 30 minutes after its contract service commitments and Railway is assessed damages per terms of the contract. Either Contractor, and/or subcontractors, caused a 31 minute delay to the train and therefore are 100% responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the maximum extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains could be as high as $50,000.00 per incident. Contractor and subcontractors shall plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Kindly acknowledge receipt of this letter by signing and returning to the undersigned two original copies of this letter, which, upon execution by Railway, shall constitute an Agreement between us. Yours truly, (Contractor) By (Title) Address City, State, Zip The Burlington Northern and Santa Fe Railway Company By Vice President and Chief Engineer Accepted this _day of , 20_ 84 LIMITED SEEPAGE, POLLUTION AND CONTAMINATION COVERAGE ENDORSEMENT WORDING In consideration of the premium charged it is understood and agreed that Exclusion f. of Coverage A. of this Policy shall not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by: a): unintended fire, lightning or explosion: or b) a collision or overturning of a road vehicle: or c) a collision or overturning or derailment of a train. Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to: 1. loss of, damage to or loss of use of property directly or indirectly resulting from -, sub -surface operations of the Insured, and/or removal of, loss of or damage to sub -surface oil, gas or any other substance; 2. any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substances; 3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances; 4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured. Notwithstanding the foregoing, Item 1 does not apply to tunnels. 85 .� Kumar & Associates, Inc. ICA Geotechnical and Materials Engineers rand Environmental Scientists r r r r 1708 E. Lincoln Avenue, ##3 Fort Collins, CO 80524 70 ^4 0 phone: (970) 416-9045 1 fax: (970) 416-9040 email: kaftcollins@kumarusa.com www.kpmarusa.com Office Locations: Denver, Colorado, Fort Collins, Colorado Branch Office: Pueblo, Colorado GEOTECHNICAL ENGINEERING STUDY r MASON TRAIL STRUCTURES DRAKE ROAD TO HARMONY ROAD FORT COLLINS, COLORADO r r Prepared By: r r J L arkerr Geologist r rPrepared For. - Reviewed By: Narender Kumar, P.E. ��� ER kS F9� Felsburg, Holt & Ullevig r Greenwood Corporate Plaza 7951 E. Maplewood Ave., Suite 200 Englewood, Colorado 80111 ATTENTION: William Marcato, P.E. Project No. 02-3-140.01 r r •' a January 23, 2004 TABLE OF CONTENTS SUMMARY............................................................................................................... 1 PURPOSE AND SCOPE OF STUDY.............................................................................. 2 PROPOSED CONSTRUCTION..................................................................................... 2 SITECONDITIONS.................................................................................................... 3 SUBSURFACE CONDITIONS....................................................................................... 5 FOUNDATION RECOMMENDATIONS.......................................................................... 7 BOX CULVERT WALLS AND WING WALLS................................................................10 WATER SOLUBLE SULFATES....................................................................................11 DESIGN AND. CONSTRUCTION SUPPORT SERVICES...................................................11 LIMITATIONS............................................................................................................1 1 FIG. 1 - VICINITY MAP FIG. 1A THROUGH D - LOCATIONS OF EXPLORATORY BORINGS FIG. 2 - LOGS OF EXPLORATORY BORINGS FIG.3 - LEGEND AND NOTES FIG. 4 through 7 - SWELL -CONSOLIDATION TEST RESULTS FIG. 8 - GRADATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS Kumar & Associates, Inc. r r r h F u I� I ■' h I f r f I� SUMMARY 1. Subsurface conditions encountered in exploratory borings for four crossing structures planned along this segment of the proposed Mason Trail Project are variable. Generally, the borings encountered nil to 4 feet of existing fill consisting of lean sandy clay overlying 3 Y2 to over 23 feet lean clay with sand to sandy lean clay and clayey to silty sand. Hard to very hard sandstone and claystone bedrock was encountered at depths 4 to 18 feet in four borings. Ground water was measured at depths of approximately 5 Yz to 18 feet. 2. Based on the data obtained during the field and laboratory studies, we recommend the crossing structures and associated wing walls be founded on spread footing foundation system placed on the natural soils designed for a maximum allowable soil bearing pressure of 2,000 psf. Due to potential for soft soils in the base of the existing ditches, foundation subgrade stabilization should be anticipated. Kumar & Associates, Inc. -2- PURPOSE AND SCOPE OF STUDY This report presents the results of a geotechnical engineering study for four structures ' planned for the proposed Mason Trail Project between Drake Road and Harmony Road in Fort Collins, Colorado. The subsurface study was rnnrinrtari fnr tFha nl lrnnoc of ic. minn n� foundation design recommendations for four ditch crossing structures, and to provide preliminary information on the subsurface conditions at the proposed structure crossing the BNSF Railroad right-of-way at Troutman Parkway. The general locations of the crossing structure sites are shown on Fig 1. Figures 1 A through 1 D present more detailed site locations. The study was conducted in accordance with the scope of work in our Proposal No. P3-03-139 dated May 6, 2003. A field exploration program consisting of exploratory borings was conducted to obtain information on subsurface conditions. Samples of the soils obtained during the field exploration were tested in the laboratory to determine their classification and engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for foundation types, depths and allowable pressures for the proposed structures. The results of the field exploration and laboratory testing are presented herein. This report has been prepared to summarize the data obtained during this study and to present our conclusions and recommendations based on the proposed construction and the subsurface conditions encountered. Design parameters and a discussion of geotechnical engineering considerations related to construction of the proposed structures are included in the report. PROPOSED CONSTRUCTION We understand three of the proposed ditch crossing structures will consist of a concrete box structure at one location and prefabricated steel truss bridges at the others. The box structure will be utilized at the location between Horsetooth Road and Troutman Parkway and will have a width of about 20 feet and a height of about 6 feet. Wing walls, about C:\My Doewwy 1\M.1y\M kcp"=-3-m.01R 8.4x Kumar & Associates, Inc. r F -3- 7 feet tall, will be constructed at each end of the structure. The box structure will be constructed with a base elevation slightly lower than the ditch invert. The bridge structures will be about 30 feet in length and about 12 feet wide. Cast in place concrete abutments founded on spread footings will support the bridges. In addition to the ditch crossing structures, a future structure crossing the BNSF Railroad right-of-way is planned at Troutman Parkway. Details of this structure are not known at this time. Foundation loads associated with the planned crossing structures will be light. It is anticipated the structures can tolerate some foundation movement without significantly impacting the structure performance of the structures. If the proposed construction varies significantly from that described above or depicted in this report, we should be notified to reevaluate the recommendations provided in this report. SITE CONDITIONS Larimer County No. 2 Ditch Crossing: This structure is located at the Larimer County No. 2 Ditch and along the west side of the BNSF right-of-way, about 800 feet south of Drake Road, as generally shown on Fig. 1A. The Larimer County Ditch No. 2, at this location, is about 15 feet wide at the base and 6 feet deep. The ditch was dry at the time of this study. The ground surface adjacent to the ditch is flat and slopes gently down to the east and north. A low berm was noted on the north side of the ditch. The area north and south of the crossing are developed with residential housing. Vegetation at and adjacent to the crossing consists of grasses, weeds and large cottonwood trees. New Mercer Ditch Crossing at Horsetooth Road: This crossing is planned at the New Mercer Ditch, about 200 feet south of Horsetooth Road and west of the BNSF right-of- way, as generally shown on Fig. 1 B. The ditch, at this location, is formed by berm about 3 to 4 feet high on the east side of the ditch. The ditch is about 10 feet wide at the base and about 30 feet wide at the top. The main channel of the ditch is about 5 feet deep and was not flowing at the time of the study, but did have some standing water. A high I C'Wy Docmucmi y'.MABep 623.u0.01RLB,d Kumar & Associates, Inc. 21 ST VAULT 213.00002 MULCHING WEED FREE HAY AC I `F 4.11 213.00008 MULCHING WOOD CHIP CF 52 213.00061 MULCH TACKIFIER LB O 617 214 LANDSCAPE MAINTENANCE LS 1 214.00905 PERENNIALS 2.25 INCH POT EA 750 1270 215.0003 TRANSPLANT TREE 1.5 TO 3 INCH EA QDS 1 3 p 215.001 TRANSPLANT TREE (OVER 6 INCH) EA 5'/_n _ nn 1 6 /.ro d lr PAVEMENT (PATCHING) 1 420.00101 GEOTEXTILE EROSION CONTROL CLASS B SY 9.3 506.0001 RIPRAP SPECIAL CY 36 qjagana 506.00212 RIPRAP 12INCH CY 2.7 5 514.002 PEDESTRIAN RAILING STEEL LF krnno 167 601.0303 CONCRETE CLASS D BOX CULVERT CY O,601.0304 CONCRETE CLASS D BRIDGE CY 1O 4 EEE79 601.403 STRUCTURAL CONCRETE COATING SY O 107 602 REINFORCING STEEL LB 27003 603.0118 18 INCH REINFORCED CONCRETE PIPE LF 3K 00 246.5 4 nn 604.16005 INLET TYPE 16 5 FOOT EA do 2 604.19105 CURB INLET 4' OPENING 5 FOOT EA p 1 604.30005 MANHOLE SLAB BASE 5 FOOT EA 1 xicb, Q 607.113 FENCE COMBINATION WITH TREATED WOOD POST LF 11178 607.11625 FENCE PLASTIC LF 10, 10 220 608.0001 CONCRETE CURB RAMP SY %9.60 250 QQ C O � 608.00026 CONCRETE BIKEWAY 6 INCH SY 3 j QQ 18560 57-5 608.0002X CONCRETE BIKEWAY (COLORED) (6 INCH) SY L, ;�. rV'i 52.33 .-)l eve 609.2101 VERTICAL CURB AND GUTTER V GUTTER LF 69 609.2102 VERTICAL CURB AND GUTTER 2' GUTTER LF jQ. 00 3132 on 609.219XX DRIVE -OVER CURB AND GUTTER LF W. O O 282 610.0003 MEDIAN COVER MATERIAL CONCRETE SF 13,'S0 56 620.0002 SANITARY FACILITY EA nnn.m 1 000 _ 0 r-, 7/96 Section 00300 Page 3 pressure natural gas metering station is located directly north of the crossing and asphalt paved parking is located west of the crossing. The ground surface in the area is relatively ' flat and slopes gently down to the east. Vegetation adjacent to the ditch consists of weeds, grasses and scattered trees. ' New Mercer Ditch Crossing About 2000 Feet South of Horsetooth Road: This crossing is ' located on the west side of the BNSF Railroad right-of-way as approximately shown on Fig. 1 C. The ditch, at this location, is about 10 feet wide at the base and about 30 feet wide at the top. The ditch is formed by a combination of fill embankments and cuts into the natural ground. The invert of the ditch is about 6 feet below the grade on the east. The ditch was not flowing, but had standing water, at the time of this study. The ground surface in this area is generally flat but has been changed by grading. ' A residential subdivision is located west of the crossing. A storm water detention pond is located to the northwest of the crossing. The emergency spillway for the pond is located directly north of the crossing. At the spillway location, stone rip rap has been placed along ' the west bank of Mercer Ditch. A below grade concrete cutoff, placed for erosion control, is located at the crest of the west ditch bank in the area of the riprap. Vegetation is ' minimal on the west bank of the ditch and consists of grasses and weeds on' the east. The detention pond supports cattail growth. ' New Mercer Ditch Crossing at Troutman Parkway: The New Mercer Ditch crossing, at this ' location, is situated along the west side of the BNSF right-of-way, as approximately shown on Fig. 1 D. The ditch is about 25 to 30 feet wide at the top and about 12 feet wide at the base. The invert of the ditch is about 15 feet below the west bank, which has been filled above the previously existing grade and about 8 feet below the grade of the east bank. ' The ditch was not flowing at the time of this study, but did have standing water. Troutman Parkway, at this location, terminates west of the ditch and on the east side of ' the railroad right-of-way. The ground surface at the site slopes gently down to the south and west. A park borders the site on the south and residences are located to the north ' C^MYM!\RepoM03J-I10.01.RLB.Ax Kumar & Associates, Inc. r r -5- rand west. Commercial buildings border Troutman Parkway, east of the railroad right-of- way. SUBSURFACE CONDITIONS ' The field exploration for the project was conducted on December 24, 2003 and January 8, 2004. Seven (7) exploratory borings were drilled, at the locations shown on Figs. 1 A through 1 D, to explore subsurface conditions at the proposed crossings. Approximate locations of the exploratory borings were determined by pacing from topographic features rshown on the plan provided to us. pThe borings were advanced through the overburden soils and underlying bedrock with 4- inch diameter continuous flight augers. The borings were logged by a representative of Kumar & Associates, Inc. Samples of the soils and bedrock materials were taken with a 2-inch I.D. spoon sampler. The sampler was driven into the various strata with blows from a 140-pound hammer rfalling 30 inches. This test is similar to the standard penetration test described by ASTM Method D 1586. Penetration resistance values, when properly evaluated, indicate the relative density or consistency of the soils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Fig. 2. Measurements of the water level were made in the borings by lowering a weighted tape measure into the open hole shortly after completion of drilling and within a few days subsequent to drilling. The depths of the water levels measured and the number of days subsequent to drilling are shown on the Logs of Exploratory Borings. I Subsurface conditions encountered in the exploratory borings are summarized in the following paragraphs. Laboratory testing is presented adjacent to the boring logs on Fig. 2, on Figs. 4 through 8 and is summarized in Table I. Kumar & Associates, Inc. -6- ' Larimer County No. 2 Ditch Crossing: Boring 1 was drilled at the approximate location shown on Fig. 1 A. The boring encountered 5 feet of sandy clay overlying poorly graded ' sand, which ranges from silty to clayey. A blow count in the clay indicates it is very stiff and blow counts in the sand indicate it is loose. Ground water was encountered at a depth of 13 feet at the time of drilling and the boring had caved above that level when checked 5 days later. A swell consolidation test performed on a sample of silty sand from this boring is presented on Fig. 4 and indicates the sample is non -expansive and moderately compressible when wetted under a constant load of 1,000 psf. A water ' soluble sulfates test indicates a sulfate concentration of less than 0.02%. New. Mercer Ditch Crossing at Horsetooth Road: Borings 2 and 3, drilled at this structure location,' encountered 4 feet of sandy lean clay overlying sandstone and claystone bedrock ' at Boring 2. Boring 3 encountered 2%2 feet of lean clay fill and 3'/2 feet of clayey sand to sandy lean clay overlying sandstone and claystone bedrock. The bedrock occurred at ' depths 4 to 6 feet and extended to the depth studied, 20 feet. Ground water was measured at a depth of approximately 5%2 feet in both borings, when measured five days ' after drilling. A blow count in the clayey to sandy lean clay indicates the material is stiff. Blow counts in the sandstone and claystone bedrock indicate it is very hard. Swell - consolidation tests performed on samples of the bedrock indicate the materials vary from non -expansive to having a low swell potential. Swell -consolidation test results are presented on Figs. 4 and 5. A water soluble sulfates test indicates a sulfate concentration of less than 0.02%. ' New Mercer Ditch Crossing About 2000 Feet South of Horsetooth Road: Borings 4 and 5 were drilled at the approximate location shown on Fig. 1 C. The borings encountered 3'/2 to 4 feet of lean clay fill overlying 9 to 14 feet of clayey sand and sandy lean clay. Sandstone and claystone bedrock was encountered at depths of 12'h to 18 feet below the ground surface. Ground water was encountered at depths of 14 and 17'/2 feet at the time ' of drilling. When checked 5 days later, ground water was measured in Boring 4 at a depth of 11'/2 feet and Boring 5 had caved at a depth of 8 feet. Blow counts in the lean clay ' indicate it is stiff to very stiff. Blow counts in the sandstone and claystone bedrock ' C:%My DmmomuWM.ny1MJtRcpon"2.3.1 01.RL8.doe Kumar & Associates, Inc. r r -7- indicate it is very hard. Swell -consolidation tests performed on samples of the lean clay with sand and sandy lean clay indicate the materials vary from non -expansive to having a very low swell potential. Swell -consolidation test results are presented on Figs. 5 and 6. A water soluble sulfates test indicates a sulfate concentration of less than 0.02%. P New Mercer Ditch Crossing at Troutman Parkway: Boring 6 was drilled near the location of this crossing. Boring 7 was drilled east of the ditch crossing, in the area of the future crossing over the railroad. Boring 6 encountered 4 feet of fill consisting of sandy lean clay overlying clayey to silty sand, which extended to the depth studied, 27 feet. Boring 7 encountered an approximate 6-inch asphalt pavement overlying 2'/2 feet of sandy lean clay fill. Natural clayey sand to sandy lean clay was encountered at depth 3 feet and extended to the depth studied, 22 feet. Ground water was encountered at depth 16 feet in Boring 6, both at the time of drilling and when checked 5 days later. Ground water was encountered in Boring 7 at depth 18 feet at the time of drilling and the boring caved above the ground water level when checked at the later date. Blow counts indicate the clayey sand and sandy lean clay is stiff to hard. Swell -consolidation tests performed on samples of the lean clay with sand and sandy lean clay indicate the materials exhibit a very low to low swell potential. Swell -consolidation test results are presented on Figs. 6 and 7. Figure 8 presents the results of a gradation analysis of a sample of clayey sand obtained from Boring 7. A water soluble sulfates test indicates a sulfate concentration of less than 0.02%. FOUNDATION RECOMMENDATIONS Based on the data obtained during the field and laboratory studies, we recommend spread footings placed on the natural soils or bedrock be used to support the proposed structures. Some of the soils and bedrock exhibit a low swell potential, but considering the nature of the proposed construction, the swell potential is not expected to have a significant impact on performance of the structures. r I ICAM, DMMWMNWKY�WNey "02-3-10 01, a&� Kumar & Associates, Inc. u L' L' The design and construction criteria presented below should be observed for a spread footing foundation system. The construction details should be considered when preparing project documents. 1. Footings placed on the clayey to silty sand should be designed for an allowable soil bearing pressure of 2;000 psf. Footings placed entirely on the unweathered sandstone-claystone bedrock may be designed for an allowable bearing pressure of 5,000 psf. 2. Saturated soft and loose soils may be encountered at the ditch at the planned bearing elevation. If encountered, at the box structure planned between Horsetooth Road and Troutman Parkway, the soft and loose materials should be removed and replaced with compacted structural fill or crushed rock. The on -site soils are suitable for use as compacted structural fill for the base slab. Fill material should be moisture conditioned to within 2% of the optimum moisture content and compacted to at least 98% of the maximum standard Proctor density as determined by ASTM D 698. 3. The results of our field exploration indicate existing fill may be encountered in foundation excavations below the proposed foundation bearing elevations. The existing fill material should be removed and the footings extended to adequate natural bearing material. As an alternate, the existing fill may be removed and replaced in compacted condition to at least 98% of the maximum standard Proctor density within 2 percentage points of the optimum moisture content. New fill should extend down from the edges of the footings at a 1 horizontal to 1 vertical projection. 4. The box structure should be provided with positive cutoffs below the structure to prevent flow below the box structure which could cause scour and result in undermining and loss of support. The depth of the cutoffs should be such that they cWyDec�U�MM)A PJtep .m:,.iw.ui.Rls,eot Kumar & Associates, Inc. F -9- extend through any granular fill or crushed rock placed below the structure and below the calculated scour depth. 5. The footings should be g provided with adequate soil cover above their bearing Pelevation for frost protection, unless some movement from frost heave can be tolerated. Placement of foundations at least 30 inches below the exterior grade is typically used in this area. 6. The lateral resistance of a spread footing placed on lean clay or the bedrock will be a combination of the sliding resistance of the footing on the foundation materials and passive earth pressure against the side of the footing. Resistance to sliding at the bottoms of the footings can be calculated based on a coefficient of friction of 0.25 for concrete in contact with the clayey sand or lean clay and 0.35 for ( concrete in contact with the sandstone and claystone bedrock. Passive pressure against the sides of the footings can be calculated an equivalent fluid unit weight of 180 pcf. The above values are working values. The designer should consider rwater level and use soil buoyant weight, as appropriate. 7. The proposed foundation elevation at the box structure appears to be near or slightly above the water level. Therefore, it may be necessary to dewater the foundation excavation during construction. Dewatering should be conducted by using sumps or drains well below footing elevations to avoid loss of supporting capacity of the soils. 8. Care should be taken when excavating the foundations to avoid disturbing the supporting materials. Excavation methods which minimize soil disturbance, such as hand excavation or careful soil removal with a backhoe positioned outside of the excavation may be required 9. The natural soils may pump or deform excessively under construction traffic as the excavations approach footing levels due to the high moisture content of the soils. CAMY DOCW ltkMmy'...WRe"mn 2-3-14001.RLB.d. Kumar & Associates, Inc. r ' -10- Construction equipment should be selected to avoid this difficulty. The use of track -mounted construction equipment is normally recommended since tracks will exert lower contact pressures than pneumatic tires. The movement of vehicles over proposed foundation areas should be restricted. 10. A layer of gravel may be placed in the bottom of foundation excavations prior to steel and concrete placement. If properly installed, this "mud mat" will reduce disturbance of the foundation soils caused by construction operations. Disturbing the foundation soils will increase settlements. ' 11. A representative of the geotechnical engineer should observe all footing excavations prior to concrete placement. BOX CULVERT WALLS AND WING WALLS iThe recommendations presented in the "Foundation Recommendations" section of this report should be followed for design of the box culvert and wingwall foundations. Box culvert walls and bridge abutment walls which are laterally supported and can be expected to undergo only a moderate amount of deflection should be designed for a lateral earth ' pressure computed on the basis of an equivalent fluid unit weight of 60 pcf for backfill consisting of the on -site soils and 50 pcf for backfill consisting of imported granular materials, such as CDOT Class I structure backfill. Cantilevered retaining structures, such as wingwalls, which can be expected to deflect sufficiently to mobilize the full active earth I' pressure condition should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of 50 pcf for backfill consisting of the on -site soils and 40 ' pcf for backfill consisting of imported granular materials. ' All retaining structures should be designed for appropriate hydrostatic and surcharge pressures such as construction materials and equipment. The pressures recommended ' above assume drained conditions behind the walls and a horizontal backfill surface. The buildup of water behind a wall or an upward sloping backfill surface will increase the lateral ' pressure imposed on a foundation wall or retaining structure. Kumar & Associates, Inc. r a r h r 0 r r r a u h a r WATER SOLUBLE SULFATES The concentration of water soluble sulfates measured in samples obtained from the exploratory borings was determined to be less than 0.02%. This concentration of water soluble sulfates represents a negligible degree of sulfate attack on concrete exposed to these materials. The degree of attack is based on a range of negligible, positive, severe and very severe as presented in the U.S. Bureau of Reclamation Concrete Manual. Based on this information, we believe special sulfate resistant cement will not be required for concrete exposed to the on -site soils. DESIGN AND CONSTRUCTION SUPPORT SERVICES Kumar & Associates, Inc. should be retained to review the project plans and specifications for conformance with the recommendations provided in our report. We are also available to assist the design team in preparing specifications for geotechnical aspects of the project, and performing additional studies if necessary to accommodate possible changes in the proposed construction. We recommend that Kumar & Associates, Inc. be retained to provide observation and testing services to document that the intent of this report and the requirements of the plans and specifications are being followed during construction, and to identify possible variations in subsurface conditions from those encountered in this study so that we can re- evaluate our recommendations, if needed. F LIMITATIONS I P This study has been conducted in accordance with generally accepted geotechnical engineering practices in this area for exclusive use by the client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings at the locations indicated on Fig. 1, and the proposed type of construction. This report may not reflect subsurface variations that F C:NY DoeumnnsVMsrtY�MARepons\0]-)-IJO.OI.RLB Eoc Kumar & Associates, Inc. ' -12- ' occur between the exploratory borings, and the nature and extent of variations across the site may not become evident until site grading and excavations are performed. If during ' construction, fill, soil, rock or water conditions appear to be different from those described herein, Kumar & Associates, Inc. should be advised at once so that a re-evaluation of the ' recommendations presented in this report can be made. Kumar & Associates, Inc. is not responsible for liability associated with interpretation of subsurface data by others. RLB/mj cc: book, file 1 1 C,Wy Dmc ,1nMvHpMARepoAM2-3. I M OI.RLR.dw Kumar & Associates, Inc. DRAKE ROAD HORSETOOTH ROAD TROUTMAN PARKWA Kumar & Associates FIG. 1 A 500 0 500 1000 SCALE -FEET Cej-, FIG. 1 C 3. 1 D LOCATIONS OF EXPLORATORY BORINGS I Fig. 1 0 622.0025 BENCH EA 1 622.0035 TRASH RECEPTACLE EA 1 p 626 MOBILIZATION LS 1 628 BRIDGE GIRDER AND DECK UNIT 27'-8 EA 1 o2D 628 BRIDGE GIRDER AND DECK UNIT 42'-0" EA 1 O ' ocl 628 BRIDGE GIRDER AND DECK UNIT 50'-0" EA p 1 p,Cp 630.10005 TRAFFIC CONTROL LS 1 3a 0 0 b TOTAL SUM OF CONTRACTOR BID ITEMS: I, 3L?Z�91 S• 1 Drip jLtoho;ti Three kanclred lUtrl�pp�--two `T"g56trl ,, TOTAL IN WORDS: /Ui ne / rW Fi-1 ren Ia I Iff 00-----------DOLLARS 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (250) of the total Agreement Price. RESPECTFULLY SUBMITTED: Si nature' Date _?r't°S Title License Number (If Applicable) .rw (~Seal Bid is by corporation) Attest: MOUNTAIN z r., P.O. Box 405 Rattewfie, GO 80651 Telephone (970) 785.6161 7/96 Section 00300 Page 4 1 1 1 1 1 1 1 1 1 J i� 1 1 1 1 n L l� 50 0 50 100 SCALE -FEET E. THUNDERBIRD ,�- f No u �T cy PROPOSED CROSSING v STRUCTURE DRIVE so G 1 FLICKER O EXISTING BNSF BRIDGE n7 I IR If 02-3-140.01 Kumar & Associates LOCATIONS OF EXPLORATORY BORINGS Fig. 1A ■® HORSETOOTH ROAD ol 8 50 0 50 100 SCALE-RUO 0 c CE PROPOSED CROSSING STRUCTURE oEf 02-3-140.01 Kumar & Associates LOCATIONS OF EXPLORATORY BORINGS Fig. 1 B 1. 02-3-140.01 Kumar & Associates LOCATIONS OF EXPLORATORY BORINGS Fig. 1 C I. N 1 10 TROUTMAN PARKWAY BORING 7 0 0 0 � 0 lI 02-3-140.01 Kumar & Associates LOCATIONS OF EXPLORATORY BORINGS Fig. 1 D M N N ri V N C4 II pp N _ _ \ \II 11 ON^ UN II � `r3palJa co N M NNp II p II O COUP V N N30+_1._.. M M N 1 O 0 N NNEII tp NO N O M V \ \vI1N11 jit \ M30 I Jai M tC O/ M ODM I 04 \ \VOOI� \v II \ co �3a I Ja in3a .. .Y r C �I WL6 In N Y O n Nui 11fn�0 NNO N on III O�Nvvi II 11 \ \ a) UII N 3,0 1 Jai co3c �' in O N O� It n0 onm a3aIn 1'a In p ^ N 10�n O \VO0 a1INN \ \ Nap I Jna3 in �O N O nfnM O \ o, II O V1 N U CLO N Goo30NZ3 coo in to O N N M L I G' f r 0 I l' F I I I C r I C 0 11 LEGEND (6.0) ® ASPHALT, THICKNESS IN INCHES SHOWN IN PARENTHESES TO LEFT OF LOG. ® FILL: SANDY CLAY WITH OCCASIONAL GRAVEL, MEDIUM DENSE, DRY TO MOIST, BROWN. CLAYEY SAND AND LEAN CLAY (SC—CL), CLAY VARIES FROM LEAN CLAY WITH SAND TO SANDY LEAN CLAY, OCCASIONAL GRAVELLY SAND LENSES, MEDIUM TO VERY STIFF, MOIST TO WET, BROWN TO REDDISH BROWN. SAND (SM—SC), CLAYEY TO SILTY WITH OCCASIONAL GRAVEL„ SOME LEAN CLAY LENSES, LOOSE, MOIST TO VERY MOIST, TAN TO BROWN. 8 SANDSTONE AND CLAYSTONE BEDROCK, INTERBEDDED, SILTY, VERY HARD, MOIST, GRAY TO ORANGE. DRIVE SAMPLE, 2—INCH I.D. CALIFORNIA LINER SAMPLE. 22/12 DRIVE SAMPLE BLOW COUNT. INDICATES THAT 22 BLOWS OF A 140—POUND HAMMER FALLING 30 INCHES WERE REQUIRED TO DRIVE THE SAMPLER 12 INCHES. —$— DEPTH TO WATER LEVEL AND NUMBER OF DAYS AFTER DRILLING MEASUREMENT WAS MADE. i DEPTH AT WHICH BORING CAVED. Z APPROXIMATE INVERT LEVEL OF THE DITCH ADJACENT TO BORING. NOTES 1. THE EXPLORATORY BORINGS WERE DRILLED ON DECEMBER 24, 2003 AND JANUARY 8, 2004 WITH A 4—INCH DIAMETER CONTINUOUS FLIGHT POWER AUGER. 2. THE LOCATION OF THE EXPLORATORY BORINGS WERE MEASURED APPROXIMATELY BY PACING FROM FEATURES SHOWN ON THE SITE PLAN PROVIDED. 3. ELEVATIONS OF THE EXPLORATORY BORINGS WERE OBTAINED BY INTERPOLATION BETWEEN SURVEY POINTS ON THE SITE PLAN PROVIDED. 4. THE EXPLORATORY BORING LOCATIONS SHOULD BE CONSIDERED ACCURATE ONLY TO THE DEGREE IMPLIED BY THE METHOD USED. 5. THE LINES BETWEEN MATERIALS SHOWN ON THE EXPLORATORY BORING LOGS REPRESENT THE APPROXIMATE BOUNDARIES BETWEEN MATERIAL TYPES AND THE TRANSITIONS MAY BE GRADUAL 6. GROUND —WATER LEVELS SHOWN ON THE LOGS WERE MEASURED AT THE TIME AND UNDER THE CONDITIONS INDICATED. FLUCTUATIONS IN THE WATER LEVEL MAY OCCUR WITH TIME. 7. LABORATORY TEST RESULTS: WC = WATER CONTENT (%) (ASTM 0 2216); DO = DRY DENSITY (pcf) (ASTM D 2216); +4 = PERCENTAGE RETAINED ON THE NO. 4 SIEVE (ASTM D 422); —200 = PERCENTAGE PASSING NO. 200 SIEVE (ASTM D 1140); LL = LIQUID LIMIT (%) (ASTM D 4318); PI = PLASTICITY INDEX (%) (ASTM D 4318); NP = NON —PLASTIC; WSS = WATER SOLUBLE SULFATES (HACH METHOD). 02-3-140.01 1 Kumar & Associates LEGEND AND NOTES Fig. 3 I 3 v J 1 J W 3CA I 0 0 a 2 .. U —3 J� Q1 TX) to APPLIED PRESSURE — KSF 10 x J 1 1 J 3 N 0 z 0 a J 0 fN z � —2 —3 1 PRESSURE 0.1 t0 APPLIED —KSF 10 100 02-3-140.01 Kumar & Associates SWELL -CONSOLIDATION TEST RESULTS Fig. 4 SAMPLE OF: Silty Sand FROM: Baring 1 O 8' WC = 9.7%, DD = 115.1 pcf —200 = 30%, LL = NV, PI = NP ADDITIONAL COMPRESSION UNDER CONSTANT PRESSURE DUE TO WETTING SAMPLE OF: Sandy Claystone FROM: Boring 2 O 4' WC = 21.6%, DO = 105.0 pcf —200 = 71 %, LL = 40, PI = 21 NO MOVEMENT UPON WETTING b,t mar aoeh e"N m u. we�nat � 'ivesr�r,�� ww fW, w'Ibut IM w9Yn appdd N CsrefM9M pManntl in am.9.,e, .xn�iein o-+aw. 3 2 v J 1 J W 3 v7 1 0 z 0 a !2-1 J 0 Z O U —2 —3 0.1 1.0 APPLIED PRESSURE — KSF 10 100 2 x v i J W 3 1 0 z O a J O th 0 U —2 —3 -4 0.1 to APPLIED PRESSURE - KSF to 100 a 02-3-140.01 Kumar & Associates SWELL —CONSOLIDATION TEST RESULTS Fig. 5 SAMPLE OF: Sandy Claystone FROM: Boring 3 � 7' WC = 1 S.1 %, DO = 1 1 1.1 pcf —200 = 66%, LL = 37, PI = 18 EXPANSION .UNDER CONSTANT PRESSURE UPON WETTING i SAMPLE OF: Sandy Lean Clay FROM: Boring 4 ® 8' WC = 22.7%, DO = 102.4 pci NO MOVEMENT UPON WETTING i..e ,mow appy .xr a w rw..anaa n» .,aw a,we.a a t�qW. M. SwN emmMM,et-�U A41110- Sb. " 3 ,.. 2_T v J J 1 W 3 I 0 z 0 a J z O U —2 —3 0.1 LO APPLIED PRESSURE - KSF 10 100 3 7 X J 2 J W 3 a I 1 Z O G 0 J O 1 VZ O U —1 —2 0.1 to APPLIED PRESSURE — KSF 10 100 02-3-140.01 Kumar & Associates SWELL —CONSOLIDATION TEST RESULTS Fig. 6 SAMPLE OF: Lean Clay with Sand FROM: Boring 5 ® B' WC = 24.5%, DD = 100.6 pcf —200 = 89%, LL = 47, PI = 28 EXPANSION UNDER CONSTANT PRESSURE UPON WETTING SAMPLE OF: Sandy Claystone FROM: Boring 5 Q 13' WC = 16.5%, DD = 114.1 pcf EXPANSION UNDER CONSTANT PRESSURE UPON WETTING rs orb spy a,q a tlr w a,Mae�..ae�0...� h hM, xiMaul tlr W,Tw as AYOYIY. M. lwll aaCMYb� SIN p1Y D-NN. 3 2 X v J 1 J w 3 0 z 0 a o _1 J 0 N z O 0 -'2 -3 al t0 APPLIED PRESSURE - KSF 10 100 2 x v 1 w 3 N 0 z 0 0 -1 0 En z 0 U _2 s "s —3 `s a s -4 l 0.1 t0 APPLIED PRESSURE - KSF 10 100 02-3-140.01 Kumar & Associates SWELL -CONSOLIDATION TEST RESULTS Fig. 7 ' SAMPLE OF: SANDY LEAN CLAY FROM: Boring 6 ®7 ' WC = 12. i %, DD = 122.3 pcf -200 = 65%, LL = 36%, PI = 22X EXPANSION UNDER CONSTANT PRESSURE UPON WETTING SAMPLE OF: FROM: WC = %, DID= pcf -200 = %, LL = X, PI = % n...w,w� a..wr, app„r m .¢we.,e.:u�ASiY o-.ad 011 SECTION 00410 KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned MOUNTAIN CONSTRUCTORS, INC. as Principal, and EMPLOYERS MUTUAL CASUALTY COMPANY, as Surety, are hereby held and firmly bound unto the CITY OF FORT COLLINS, COLORADO, as OWNER, in the sum of $ Five Percent of the Total Bid (5%) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 5932 Mason Street / Harmony Road / Spring Creek Bike / Pedestrian Trail; . NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for this faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 No Text U) H J D U) W cc F N W i•" N m Y O O ?000000 O •� m m a F 0 0 d' M O cn N N N m N N w D D 2 W W OdnJ.> Z Z LU uj W W O O F- CC jr Q Q a a n D c c U > m c > m r o o c V t o V cc m C w m m Y '3 m m (n m cn o N U m �, U > �, U m a>i m > > c > > > > > cc O M c c N c U c c m m m C m m U U J p (n CO _ to N V1 N N U- J w J O� O O O O N w O O O O FN V V V V 3 y ~ U X ~ `R a r- cod' 00 N N Z z N, N N N :J J ¢ a m w p co co Q oz z7Cl) It d' MN J z z w N N> O to 00 O I1� N co w Q O y M Il CD Lo co (D d C.) Z a a O Z - I� U') O tan H Q O J w J ED C) J Y 2 (O M M 7¢¢ in U •- Lo N O It Nr� 04 H p z n _ O �- O O'- Zwo J Q � 2 O n in Ln e- N O N Z- m '- w u7 N 4 (O N 1� Q O O N N N .- `- z U M M M m M M M M O O O O O O w 07 M C) O O 0 0 .. O 0) . W N N N N N MM W M N N O w �- N N N N N N N N z = a w co V n Cl) 00 00 co r n U w O LL O z a Ft .- N C ) d' -t LO u7 (O I- 1, m N 1 No Text IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 30th day of August 2005, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name:MOUNTAIN CONSTRUCTORS, INC. EMPLOYERS MUTUAL CASUALTY COMPANY Address: P.O. BOX 405 8181 TUFTS AVE. #500 PLATTEVILLE, CO 80651 DENVER, CO 80237-0010 By: 6 By:—./ls�— TitleTitle: Vera T. Kalba, Attorney -in -Fact w= d, AT �V T"' By: ;w (StN- (SEAL) 7/96 Section 00410 Page 3 MOODY INSURANCE AGENCY, INC. 3773 CHERRY CREEK NORTH DRIVE, SUITE 800 DENVER, COLORADO 80209-3804 PHONE: (303) 824.6600 No Text SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder:(j�Vlll� lD}'jS�fU11 2. Permanent CQz� main office address: 3 4 5 6 7 F 10 When organized: --%v Nb�) jqb If a corporation, where incorporated: How many years have you been engaged in the contracting business under your present firm or trade name? 9Z Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) General character of Work performed by your company: Have you ever failed to complete any Work awarded to you?_ If so, where and why? Have your ever defaulted on a contract?_ If so, where and why? 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. 12. List your_majcr equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit availabl 16. Bank reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? U P.S 18 Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? class, license and numbers? What 19. Do you anticipate subcontracting Work under this Contract? �`P5 If yes, what percent of total contract? .S /d and to whom? 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 7/96 Section 00420 Page 2 =0' 1. What are the limits of your public liability? DETAIL 2 14A;1 � 106 Ndj�nL d What compan '2. What are your company's bonding limitations?�3 ✓K_-( � '3. The undersigned hereby authorizes and requests any person, corporation to furnish any information requested by the verification of the recital comprising this Statement of Qualifications. )ated attthis A' —day of 20�. ; t ate o f Cp6ra&) :ounty of uV46" -<_�nP 1/\" -ZV hPina riii1 firm or OWNER in Bidder's sworn deposes and says that he _s and that (name of organization) -.he answers to the foregoing questions and all statements therein contained ire true and correct. 3u cribed and sworn to before me this � d_a 2005 . O �.®� Wla Notary Publi `' � DREA MA i3 cP , -I b�C C JonsoN '� F ly commission expires �iS4 7/96 Section 00420 Page 3 V. Sheet #10 Summary of Quantities Correction: The table on sheet 10 of the plan set incorrectly references Pedestrian Bridge 3 as being the 42'0" structure and Pedestrian Bridge 4 as being the 50'0" structure. Pedestrian Bridge #3 is the 50'0" structure and Pedestrian Bridge 4 is the 42'0" structure. VI. Sheet #10 Structure Descriptions Revisions: The "Structure Descriptions" incorrectly describe Pedestrian Bridge 3 and Pedestrian Bridge 4 as being a 59'8" Prefabricated Steel Truss Bridges. The correct descriptions are: Pedestrian Bridge 3 50'0" PREFABRICATED STEEL TRUSS BRIDGE, CONCRETE DECK, ON CAST IN -PLACE ABUTMENTS OVER NEW MERCER DITCH, FORT COLLINS, COLORADO 14'0' WIDTH, RAILING TO RAILING (150" OUT -TO -OUT) Pedestrian Bridge 4 42'0" PREFABRICATED STEEL TRUSS BRIDGE, CONCRETE DECK, ON CAST IN -PLACE ABUTMENTS OVER LARIMER COUNTY NO.2 DITCH, FORT COLLINS, COLORADO 11'6' WIDTH, RAILING TO RAILING (12'6" OUT -TO -OUT) VII. Clarification on Safety Fencing along Easements: Revisions of Section 104 in the Specifications Book states under the "Limits of Construction" that all easements and work areas need to be fenced. This only applies to locations where the trail comes into contact with existing sidewalks and roadways. You will also need to safety fence any holes and drop-offs with safety fence. All these uses should be covered by your traffic control line item. VIII. Clarification on Interim Milestone Dates: There are no interim milestone dates, as the contract is written. On a side note, the successful bidder will have to time his construction so that it coincides with the New Mercer Channel and Larimer County Ditch #2 shut-off date of October 15 and turn on date of March 15. IX. Clarification on Health and Safety Management in the event that hazardous material are encountered: In the event of encountering hazardous materials on the jobsite, the City of Fort Collins will overrun Item 250 -Health and Safety Officer (HSO) quantity for Health and Safety Management. An argument would need to be made for us to justify force account work for the HSO. However, upon encountering hazardous materials onsite, we would need to look at the problem and there may very well be legitimate force account work related to moving and/or disposing of the material. Based on the environmental report that was done, we are not anticipating hazardous materials onsite. X. Clarification on Note 23 in the General Notes on the plans: The primary contractor will keep track of all changes on a master set of drawings in red ink. It will be The City of Fort Collins' responsibility to coordinate it's surveying services with Felsburg, Holt and Ullvig to get the storm sewer verification and any other as -built field elevations/locations and make electronic as -built updates to the plans. XI. Clarification on Note 36 in the General Notes on the plans: Note 36 states: "In Streets where more than one cut is made, an overlay of the entire street width, including the patched are may be required." This provision is for locations where there are more than utility crossings in close proximity to each other. This situation does not occur on this project and therefore the statement does not apply to this project. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all performing over 150 of the contract: concrete, asphalt structures, concrete paving, excavation, traffic control, sewer, and landscaping. ITEM Cu.vb - w - -S ckw4k- g►� Tca'��� S-rruc.� Cc�nere,�e set See& , SQ r 1 P(-re. M.L61 t.ytd,.iv9 Tra-f-�c- �"qyol SUBCONTRACTOR subcontractors paving, steel fencing, storm burna(' 60VI rartnrs. T'nc. M (,(" T ces M-Oasoyt Cti� Stru ct� e t SrixTir+ �� t'eQt vice S� (v tc� 7/96 Section 00430 Page 1 MOUNTAIN CONSTRUCTORS, INC. ITEM 11 13 COMPLETED PROJECTS AS OF 8/26/2005 OWNER PROJECT NAME CONTRACT AMOUNT C CDOT Hwy287 & SH 1 lm vmts $984,000.00 q57 Larimer Count Elkhorn Creek $120,999.99 City of Loveland Hwy 34 Underpass & path $507,896.00 9/9/1997 Larimer County CR 42C Improvements $197,117.00 2/1/1998 City of Greeley 35th Ave & 10 St. $501,925.00 11/3/1997 CDOT CDOT Erosion Control $146,000.00 3/27/1998 Larimer County Pleasant Valley Bridge Re I $162,165.00 5/14/1998 Larimer County Parks Maint. Facility $206,689.00 6/1/1998 City of Loveland Eisenhower Blvd. Im t. $530,856.90 6/22/1998 CDOT Hwy 34 Im vmt - Wiggins $1,310,464.00 12/31/1998 Larimer County Horsetooth Boat Ramp $379,192.00 5/31/1999 City of Greeley Hwv 34 & 35th Ave Im vmt $1,082,474.67 8/31/1999 City of Greeley Mosier Hill Grading $57,000.00 5/31/1999 City of Fort Collins Horsetooth & Mason Im vmt $191,704.00 11/26/1999 City of Greeley 4th St. Reconstruction $944,787.00 1/10/2000 Colorado Div. of Wildlife Watson Lake Spillway $49,840.00 3/1/2000 Log Lane Village Street reconstruction - Log Lane $231,941.00 8/21/2000 Boulder County Niwot Rd & 95th Ave. reconstr. $707,293.00 10/30/2000 Town of Hudson Street resurfacing $90,390.00 7/30/2000 Larimer County Intersection Im vmt CR17 &CR14 $196,356.00 11/30/2000 Larimer County Intersection Im vmt CR17 &CR28 $102,324.00 11/30/2000 Larimer County Pinewood Lake parking lot $103,058.00 10/30/2000 Weld County Weld County Bridge 47/68B $299,988.00 4/28/2001 Larimer County Replace Bridge #226 $341,633.00 5/31/2001 Larimer County Road Improvements CR 64 $1,347,989.00 10/15/2001 City of Greeley Monfort Park - Parking Lot /Access Road $378,647.00 8131/2001 Colorado State Univ Rodeo Demolition $29,950.00 7/31/2001 City of Greeley Hi hwa 257 S ur Reconstruction $199,832.00 9/30/2001 City of Greeley Reconstr of Number 3 Ditch $69,308.00 9/30/2001 City of Greeley 4th St. Reconstruction $1,275,065.00 11/30/2001 City of Fort Collins SH 14 Ped/Bike Path $867,578.00 7/30/2002 Town of Erie Leon Wurl Parkway Construction $378,222.00 5/28/2002 MOUNTAIN CONSTRUCTORS, INC. ITEM 11 13 COMPLETED PROJECTS AS OF 8/26/2005 OWNER PROJECT NAME CONTRACT AMOUNT DATE COMPLETE Weld County WCR 65 and WCR 24 112 Im vmt $877,029.00 8/16/2002 UNC "Q" Lot $576,889.00 6/15/2003 UNC "S" Lot $143,373.00 6/15/2003 Bureau of Reclamation Hughes Stadium Parkin Lot $511,190.00 9/26/2002 FHWA Beaver Meadows Visitor Center $867,577.66 6/12/2002 Colorado State Parks Jackson Lake $91,870.00 11/26/2002 Larimer County Handy Ditch $116,874.33 5/7/2003 Weld County Greeley Weld Cc Airport $1,693,129.73 4/25/2003 Estes Park Fall River Pedestrian trail $280,112.50 7/31/2003 Estes Park Fall River Pedestrian trail PH II $170,488.00 12/3112003 Loveland 2003 Stormwater Improvements $85,439.97 12/15/2003 City of Greeley 11th Ave & 22nd St. Im rovments $134,651.50 10/31/2003 City of Greeley 59th Ave Reconstruction $1,663,073.69 12/31/2003 Colo Dept of Trans . Safety Project $250,364.14 1/15/2004 City of Greeley 20th Street Widening $900,735.00 11/30/2004 Larimer County CR 27 & CR 44H Realignment $108,415.90 10/13/2003 Larimer County Pleasant Valley Bike Trail $166,364.60 11130/2003 Evans 31st St. Realignment $385,447.37 2/1/2004 City of Greeley HwV 34 & 35th Ave Im vmt $102,642.20 11/30/2003 Division of Wildlife Watson Lake Spillway $29,028.70 1/15/2004 Weld County WCR 51 Dust control $129,959.00 12/31/2003 Fort Collins N. College/Jefferson Im vmts $3,751,768.00 6/21/2004 Colo Dept of Trans . SH 1 & CR 54 $61,333.25 5/24/2004 Loveland 2004 Stormwater Improvements $84,839.00 12/31/2004 Boulder County Caribou Trailhead Parkin Lot $97,842.00 1016/2004 Weld Co. School District West "C" Street Improvements $332,692.00 3/1/2005 City of Loveland E. Eisenhower Blvd & Boise $515,838.23 4/30/2005 Larimer County CR 46E & CR 21 $1,389,214.12 5/13/2005 Larimer County LC PN 174 Bride Replacement $899,918.55 5/23/2005 Larimer County Eagles Nest $177,292.83 5/20/2005 MOUNTAIN CONSTRUCTORS, INC. CONSTRUCTION EQUIPMENT 8/26/2005 M DESCRIPTION 14 Pick ups 1/2 ton, 3/4 ton 7 Service Trucks/Mechanic Truck 2 Dump Trucks 1 Water Wagon 8000 gal 3 Water Trucks 2500 gal, 3500 gal. (2) 4 Truck Tractors - 85,000 GVW 10 Trailers - End Dump, Bottom Dump, Low Bed 1 Crawler Dozer - CAT D7H 4 Motor Graders - CAT 130G, 140G (2), 140H 5 Rollers - CAT 815, Dynapac 2511, CAT 463B, Bomag, CAT 563C 3 Motor Scrapers - CAT 623B, CAT 623E, CAT 627E 3 Rubber Tire Backhoes - JD 310D, JD 410D (2) 4 Track Backhoes - JD 892D, JD 892E, CAT 325L, CAT 235 3 Bobcat - 753, 763, 853 1 Air Compressor - 175CFM 4 Welders 200Amp (3), 300 Amp (1) 1 Water Pump - 6 inch 3 Storage Trailers 5 Wheel Loaders - CAT 966C (2), CAT 950, CAT 966E, CAT 980F 3 Demo Hammer Item 12 NAME Kuntz, Joe Johnson, Andrea Kinion, Dave Tjardes, Bill Jeremy Johnson Doug McMurren OFFICERS AND PRINCIPALS Item 14 MOUNTAIN CONSTRUCTORS, INC. 8/26/2005 TITLE YEARS OF EXPERIENCE President 42 Secretary / Treasurer 13 Gen. Superintendent 35 Superintendent 15 Superintendent 5 Estimator 20 A-00-RA M CERTIFICATE OF LIABILITY INSURANCE 0712MI2005) o7/z7/zoos PRODUCER (303)824-6600 FAX (303)370-0118 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moody Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3773 CherryCreek North Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80209-3804 INSURERS AFFORDING COVERAGE NAIC III INSURED Mountain Constructors, Inc. INSURER A: Bituminous Insurance Companies PO Box 405 NSURERe. Pinnacol Assurance Platteville, CO 80651 INSURER C: INSURER 0: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 07/28/2005 POLICY EXPIRATION LIMITS GENERAL LIABILITY CLP3216240 07/28/2006 EACH OCCURRENCE $ 1,000,00C X COMMERCIAL GENERAL UABILITY CLAIMS MADE a OCCUR DAMAGE TO RENTED S 100,000 MED EXP (Any one Person) 5 5,000 A PERSONAL BADV INJURY $ 1 , QQQ QQ GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC JECT PRODUCTS. COMPIOP AGG S 2,000,000 AUTOMOBILE X LIABILITY ANY AUTO CAP3215536 07/28/2005 07/28/2006 COMBINED SINGLE LIMIT (Ea accident) E 1,000,00 A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) 5 HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per awdent) 5 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC E AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY X OCCUR CLAIMS MADE CUP2576738 07/28/2005 07/28/2006 EACH OCCURRENCE E 2,000,000 AGGREGATE E 2,000,00 A E DEDUCTIBLE 8 RETENTION E $ WORKERS COMPENSATION AND 3027994 07/01/2005 07/01/2006 X I W STATU- I JOTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 B ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes. describe under S SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYE E 1 , 000 , OO E.L. DISEASE - POLICY LIMIT S 1,000,000 A OTHER Equip. CLP3216240 CLP3216240 07/28/2005 07/28/2006 $250,000 per occurrence $1,000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BYENDORSEMENT/ SPECIAL PROVISIONS 0 day notice of cancellation applies to non-payment of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL - 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Janel Fisher/JANFIS / / ...�/ 1 ACORD 25 (2001/08) ®ACORD CORPORATION 1988 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: September 12, 2005 TO: Mountain Constructors, Inc. PROJECT: 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated August 30, 2005 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail. The Price of your Agreement is one million three hundred ninety two thousand nine hundred fifteen dollars and eleven cents ($1,392,915.11). 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 September 27, 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 By: am s B. O'Neill, II, CPPO, FNIGP it ctor of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 12th day of September 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 Mountain Constructors, 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 Bid 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail. The job limits for the Mason Street Bike/Pedestrian Project from Harmony Road to Spring Creek Trail are from Harmony Road northward to the Spring Creek Trail connection. The improvements will include: installation of: 2.62 miles of 12' wide Portland concrete trail, three steel pedestrian bridges, two concrete box culverts, curb and gutter, Portland concrete pavement, asphalt patching, grubbing, landscaping, and fence installation. The project occurs within the Burlington Northern -Santa Fe Railroad (BNSF) Right of Way and will require specific BNSF safety and security training for all primary contractor and sub -contractor employees working within the BNSF Right of Way. The City will provide surveying. The Contractor will provide traffic control. The Contractor will be required to work with our traffic control supervisor. Material Testing will be provided by the City and performed by CTL Thompson, Inc. ARTICLE 2. ENGINEER The Project has been designed by Felsburg, Holt and Ullevig (FHU), who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 9/12/01 Section 00520 Page 1 ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within 180 calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 194 calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Eight Hundred Dollars ($800) for each calendar day or fraction thereof that expires after the One Hundred Eighty (180) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Hundred Fifty Dollars ($250) for each calendar day or fraction thereof that expires after the Fourteen(14) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: one million three hundred ninety two thousand nine hundred fifteen dollars and eleven cents ($1,392,915.11), 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 9/12/01 Section 00520 Page 2 CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release(Contractor) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS GEOTECHNICAL ENGINEERING STUDY 07/2001 Pages 00020-1 -00020-2 00100-1 - 00100-9 00300-1 - 00300-3 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -Al - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-4 Section 00020 Page 2 Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50°% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the. Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in 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 9/12/01 Section 00520 Page 3 subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.31,ien Waiver Releases 7.2.4Consent of Surety 7.2.5Application for Exemption Certificate 7 .2. 6 Application for Payment 9/12/01 Section 00520 Page 4 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: Sheet 1 Cover & General notes Sheet 2 Standard Plans List Sheet 3 General Notes Sheet 4-5 Summary of Approximate Quantities Sheet 6 Summary of Earthwork Sheet 7-8 Typical Section Sheet 9 Fence Detail Sheet 10-19 Pedestrian Bridge Plans Sheet 20-24 Box Culvert 2 Plans Sheet 25-27 Box Culvert 1 Plans Sheet 28 Pedestrian Railing Details Sheet 29 Removal Tabulations Sheet 30 Surfacing Tabulation Sheet 31 Curb and Gutter Tabulation Sheet 32-60 Trail Plan Sheet 61-93 Trail Profile Sheet 94-127 Cross Sections Sheet 128-133 Signing and Stripping Sheet 134 Rest Area Furnishings Tabulation Sheet 135 Horsetooth Road Crosswalk Plan Sheet 136 Swallow Road Crosswalk Plan Sheet 137 Drake Road Crosswalk Plan Sheet 138 Cinema Detail Crosswalk Details Sheet 139 Crosswalk Details Traffic Signal Tabulations Sheet 140 Traffic Signal Tabulations Sheet 141-142 Traffic Signal Plans Sheet 143 Storm Drain and Erosion Tabulations Sheet 144 Stormwater Management Plan Sheet 145-147 Drainage Details Sheet 148-150 Pipe Profiles Sheet 151 Utility Details Sheet 152 Planting Tabulations Sheet 153 Planting Plan Sheet 154 Wetland Mitigation Tabulation Sheet 155 Wetland Mitigation Plan Sheet 156-172 CDOT M-Code Standards The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 9/12/01 Section 00520 Page 5 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 contaLined in the Contract Document. OWNER: CIT FORT CO INS j CONTRACTOR: Mountain Constructors, Inc. By: �' By: Darin At eberry, City Manage By: Title: James 'Neill, II, CPPO,FNIGP Director of Purchasing & Risk Management C1` 052 Date: l -",,7- te: (CORPORATE SEAL) Attest: Atjst: City Clerk C,�Lt?RF Address for giving notices: Address for giving notices: I• � .�. %II Fort Collins, CO 80522 P.O. Box 405 Platteville, CO 80651 LICENSE No (970) 785-6161 Approved as to Form - r�L A Assist t City Attorney 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail To: Mountain Constructors, Inc. 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 , 201 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: Mountain Constructors, Inc. Title: 9/12/01 Section 00520 Page 7 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 5335209 KNOW ALL MEN -BY THESE PRESENTS: that MOUNTAIN CONSTRUCTORS, INC. (Firm) P. 0. Box 405 (Address) ' P}2ttevi e�42CO06�1 (a- r � (a Corporation), hereinafter referred to as the "Principal" and EMPLOYERS MUTUAL CASUALTY COMPANY (Firm) 8181 Tufts Ave. # 500 (Address) Denver, CO 80237 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum o£* 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. *One Million Three Hundred Ninety --two Thousand Nine Hundred Fifteen and 11/100 Dollars ($1,392,915.11) THE CONDITIONS OF THXS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 12th day of September 20 05 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice .to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tame, 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 19th day of eptember, 20 05 (Corporate Seal) IN PRESENCE OF: Principal MOUNTAIN CONSTRUCTORS, INC. title)/ P.O. Box 405, Platteville, CO 80651 (Address) Other Partners By: By: IN PRESENCE OF: Surety EMPLOYERS �MUTUAL CASUALTY COMPANY ( BY: 'L- 'Vera I-RZUa, Attorney -In -Fact xgy; 3773 Cherry Creek No. Drive #800 (Address) Denver, CO 80209 (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond, 7/ MOODY INSURANCE AGENCY, INC. Section 00610 Page 2 3773 CHERRY CREEK NORTH DRIVE, SUITE 800 DENVER, COLORADO 80209-3804 PHONE: (303) 824-6600 SECTION 00615 PAYMENT BOND Bond No.S335209 KNOW ALL MEN BY THESE PRESENTS: that MOUNTAIN CONSTRUCTORS, INC. (Firm) P.O. Box 405 (Address) Platteville, CO 80651 (__ Corporation), hereinafter referred to as the "Principal" and (Firm) EMPLOYERS MUTUAL CASUALTY COMPANY 8181 Tufts Ave., #500 (Address) Denver, CO 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 Million Three Hundyad__Ninety-tV9.,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. *Nine Hundred Fifteen and 11/100 Dollars ($1,392,915.11) THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 12th day of 0,epvamber, 2005, a copy of which is hereto attached and made .a part hereof for the performance of The City of Fort Collins project, 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in Connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement. between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 19th day of ieute*nber, 20_.Q5 (Corporate 'Seal) IN PRESIi NCE OF: 1 t Principal MOUNTAIN CONSTRUCTORS, INC. By: (Title) P.O. Box 405, Platteville, CO 80651 (Address) Other Partners IN PRESENCE OF: Surety _EMPLOYERS MUTUAL CASUALTY COMPANY By Vera T. Kalba, Attorney -in -Fact 15V,: 3773 Cherry Creek No. Dr. #800 (Address) Denver, CO 80209 >" (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 MOODY INSURANCE AGENCY, INC. ® 3773 CHERRY CREEK NORTH DRIVE, SUITE 800 DENVER, COLORADO 80209-3804 PHONE: (303) 824-6600 Section 0061E Page 2 SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 3 P.O. Box 712 •:bes Mines, IA 50303-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation Union Insurance Company. of Providence, an Iowa Corporation 7. The Namilton Mutual Insurance Company, an Ohio Corporation d.1111nois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make; constitute and appoint: D. N. BROYLES, EVAN E. MOODY, BRAD MOODY, JODY ANDERSON, VERA T KALBA, DANIEL S. FINHOLM, INDIVIDUALLY, DENVER, COLORADO........................................................... ......... ........................ ......... ......... .......... 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 BONDS and to bind eaoh Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney.pursuant to the authority hereby given are hereby ratified and confirmed 2008 The authority hereby granted shall expire April 1, 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 regularty scheduled meeting of each company duly called and held in 1g99: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority, to (1) appoint attorneys -in -fact and authorize them 10 execute on behaff of each Company and attach the seal of the Company thereto, bonds and undertakings,'recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such 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 power-of-attomey of the Company, shall be valid, and binding upon tha Company with the same force and affect as thougKmanually affixed. 1N MESS WNEREQE; the C an es have caused these ents to be.signed for each by their officers as shown, and the Corporate seals to be hereto affixed this .:day of rr- Seals •- �� .� .-- Bruce G. Kelley,Chairman Je re S. Birdsle ,i °�of �PORP A;'ssG S` ..... yt Pro of Companies 3, 4, 5 & 6; resident Assistant Secretary yQPN9, Z of Company 1, Vice Chairman and l i , SEAL 1863 � m 1953 <; CEO of Company 7 4 , � t y y p a d........ „ yI �FFII ,11 „ ^5 Yf\lA �.���W I, 11 y On IN dayef, March AD 2006 before me a ua ;cq� ; Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S. r . a. o 00R4 ' Birdsley, who, being by me duly swom, did say that they are, and are known to me to be the SEAL 3 zr „AL Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of r', >' SEAL. c a r . � o each of The Companies above; that the seals affixed to this instrument are the seals of said S x , „ ;'. "F, „ Via; ^ r RIH corporations; that said instrument was signed and sealed on behalf of each of the Companies .,,2awlly. oaKP Mo ves,la,,,' by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and ;Y s Jeffrey S: Birdsley, as such officers, acknowledge the execution of said instrument to be the r voluntaryact and deed of each of the Companies. r, My Commission Expires September 30, 2006. 4 RUTA KRUMIS CommissionNumber1N7a255 I/ My Comm. Exp. Sent, 30.2006 Notary Public in and for the State of Iowa CERTIFICATE 1, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, nd !Ih Power JAtt r y' �d ut�ua ere o o N. t3royl8S, kva�l I oof1} Gras Moo Jody March 23, 2005 r Kallm, S. oribehaltofa. . y, Anaersurr, wra Daniel rinnotm are true and correct and are still in full force and effect. In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal: of each Company this 19 t-1dayof S Pn r P,nh ar , .,_2_005 I� /T l/ Vice -President SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 303 370 0118 Moody Insurance Agenc 11 52.40 a.m. 09-22-2005 3 /6 AGORA CERTIFICATE OF LIABILITY INSURANCE os/2ii20o PRODUCER (303)824-6600 FAX (303)370-0118 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION Moody Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPONTHE CERTIFICATE END OR 3773 Cherry Creek North Drive ALLTERTHE C COVERAGE AFFOR. THIS CERTIFICATE DED BY THE POLICES BELOW. Suite 800 Denver, CO 80209-3804 INSURERS AFFORDING COVERAGE NAIL # INSURED Mountain Constructors, Inc. INSURERA: Bituminous Insurance Companies PO Box 405 INSURERS. Pinnacol Assurance Platteville, CO 80651 INSURER C: INSURER D. NSURER E. 'OVERAGE =S THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERALUABILITY CLP3216240 07/28/2005 07/28/2006 EACH OCCURRENCE $ 1,000,00 _XJ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00 CLAMS MADE FXJ OCCUR MED EXP (Any one pawn) $ 5,000 A PERSONAL SADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 2,000,00 POUCY JEC LOC AUTOMOBILE X LUUIIUTY ANUTO A CAP3215536 07/28/2005 07/28/2006 COM13NED SINGLE LIMIT (Ea acddenq $ 1,000,00C BODILY INJURY (Per pawn) $ A ALLYOWNED AUTOS SCHEDULEDAUIOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE jPEraoddent) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN. EA ACC S ANYAUTO $ - AUTO ONLY: AGG EXCESSRIMBRELLALIABILITY EACH OCCURRENCE $ 2,000,00 X1 OCCUR 0CLAIMS MADE CUP2576738 07/28/2DO5 07/28/2006 AGGREGATE $ 2,000,00 A S $ DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND 3027994 07/01/2005 07/01/2006 X WTI STATui OTH B EMPLOYERS' LIABILITY ANY PROPRETORIPARTNERIIXECUTIVE OFMCFRIMEMBER EXCLUDED? E.L. EACH ACCIDENT $ 1 , coo, oO E.L DISEASE -EA EMPLOYE $ 1 , OOO , DOC It yes, describe under SPECIAL PROVISIONS below E.L DISEASE • POLICY UMIT $ 1 , DOD, OD A Leased/Borrowed Equip. CLP3216240 07/28/2005 07/28/2006 $250,000 per occurrence $1,000 deductible DESQRIPTIONOFOPERATIONSILOC TIONSIV CLESIIXCLUSIONSA DED,BY ENDIMSEMEN7t sPECIALPROVISIONS roject: 5932 Mason Street/m}iarmony Roaa/S�pring Creek Bike/Peaestrlan Trail ity of Fort Collins is named additional insured with respect to general liability per attached Form GL4276 9/03. 0 day notice of cancellation applies to non-payment of premium City of Fort -Collins 300 Laporte Ave. Fort Collins, 00 80522 % ANUtLLA 1IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE / F� Janel Fisher/JANFIS / / v+� ACORD 26 (2001/08) OACORD CORPORATION 18BS 303 370 0118 Moody Insurance Agenc 11 5326 a m 09-22-2005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. SECTION ll " WHO IS AN INSURED Is amended to include: Any "owner", "contractor, "construction manager", "engineer" or "architect" if it is required in your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such person(s) or organizations) be added as an additional insured on your policy but only for the project designated in your written contract or written agreement and only wilh respect to "bodily injury," "property damage" or "personal and advertising injury" caused, at least In part, by your negligence and with respect to liability resulting from: A. Your ongoing operations for the additional insured(s), or B. Acts or omissions of the additional insured(s) in connection with their general supervision of such operations. With respect to the insurance afforded such additional Insureds pursuant to this endorsement and the above referenced General Liability Form, the following additional provisions apply to limit that covarage: 1. We will have no duty to defend the additional Insured against any "suit' seeking damages for "bodily injury." "property damage" or "personal and advertising injury; until we receive written notice from the additional insured requesting that we defend it In the "suit" 2. The Limits of Insurance applicable to the additional insureds under this endorsement are those specified in the written contract or agreement requiring this coverage, or as stated In SECTION lit" LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, whichever are less. These Limits of Insurance are inclusive of and not in addition to the Limits of insurance described in SECTION IIi of that form. 3. As additional conditions of coverage under this form, an additional insured under this endorsement will as soon as practicable,, a. Give written notice to us of an "occurrence" or an offense which may result in a claim. This shall include: (1) How, when and where the "occurrence" or offense took place: (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense, b. Give written notice to us of a claim or "suit" brought against the additional insured including specifics of the claim or "auil" and the date it was received. o. Give Written notice of such claim or "suit," including a demand for defense and lndemnity, to any other insurer who had coverage for the claim or "suit" under its polloy(ies), either at the time of, or at any time su0sequent to the occurrence of the GL4276 (09/03) -1- 416 303 370 0118 Moody Insurance Agenc 11 .54.02 a.m. 09-22-2005 516 "bodily injury," °property damage" andlor the offense causing the "personal and advertising injury," which Is the basis for such claims or "suit". (1) Such notification must demand the full coverage available under that policy, and (2) The additional insured shall not take any action to waive or limit such other coverage available to it 4. This insurance does; not apply to: a. "Bodily injury" "propoliy damage" or "personal and advertising injury" occurring after. (1) All work on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to Its intended use by any person or organlzation other than another contractor or subcontractor engaged in performing operations for a principal as a part of the some project b. "Bodily injury" "property damage" or *personal and advertising injury" resuiting from any not or omission of the additional Insured(s) or any of their employees, other than the general supervislon of work performed for the additional insured(s) by you. c. "Bodify Injury" "property damage" or'personal and advertising injury" resulting from work performed on a project where other valid and collectible insurance Is available to the additional insured under an Owner Controlled Insurance Program or Consolidated (wrap-up) insurance Program. d. "Bodily injury," "property damage" or 'personal and advertising Injury': (1) Arising out of the rendering or failure to render any professional services by any insured, or on their tsshatf, but ordy with respect to either or both of the following operations; (a) Providing angineerng, architectural or surveying services to others In the Insured's capacity as an engineer, architect or surveyor, and (b) Providing, or hiring Independent professionals to provide, engineering, architectural or suteying services in connection with work the insured performs. (2) Subject to paragraph (3) below, professional services Include: (a) The preparing. approving or falling to prepare or approve maps, shop drawings, opinions, reports. surveys, field orders, change orders, or drawings and specifications; and (b) Suparlsory or inspection activities performed as part of any related architectural or engineering acgvitles, but does not include the general supervision of your operations on such project, (3) Professional services do not Include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations as a construction contractor. GL-4276 (003) -2- 303 370 0118 Moody Insurance Agenc 11 .54.37 a.m. 09-22-2005 616 For the purpose of this endorsement, the following definitions are added: "Owner" means a person or organization who has ownership in the project premises, designated in your written contract or written agreement, at which you are performing operations at. "Contractor" means a person or organization with whom you have agreed In a written contract or written agreement to perform operations for at the project designated In the written contract 9r written agreement. 'Construction Manager' means a person or organization designated as "construotion manager^ in your written contract or written agreement, and has management or supervisory responsibilities over your operations for the project designated In your written contractor written agreement "Engineer" means a person or organization who has been engaged by the "owner", "contractor" or "construction manager" to perform engineering services for the project designated In your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. "Architect" means a person or organization who has been engaged by the "owner". "contractor" or "construction manager" to perform architectural services for the project designated In your written contract or written agreement and has a contractual responsibility for supervising, directing or oontroliing your operations on such project. Any coverage provided herein will be excess over any other valid and collectable Insurance available to the additional Insured(s) whether primary, excess, contingent or on any other basis unless you have agreed in a written contract or written agreement executed prior to any loss that this insurance will be primary. However, any insurance specifically purchased for a designated project(s), including but not limited to speciRo additional insured coverage, owners contractors protective coverage, etc., will be primary with this Insurance being excess. This Insurance will be noncontributory only if you have so agreed In a written contract orwritten agreement executed prior to any loss and this coverage is determined to 6e primary, GL-4276 (09/03) •3- SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially 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 AUTHORIZED REPRESENTATIVE DATE REMARKS: 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, 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail. 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: 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail 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 7/96 Section 00650 Page 1 project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Notary Public day of 7/96 Section 00650 Page 2 SECTION 00020 INVITATION TO BID Date: July 29, 2005 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 August 30, 2005, for the Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail; BID NO. 5932. 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. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The job limits for the Mason Street Bike/Pedestrian Project from Harmony Road to Spring Creek Trail are from Harmony Road northward to the Spring Creek Trail connection. The improvements will include: installation of: 2..62 miles of 12' wide Portland concrete trail, three steel pedestrian bridges, two concrete box culverts, curb and gutter, Portland concrete pavement, asphalt patching, grubbing, landscaping, and fence installation. The project occurs within the Burlington Northern -Santa Fe Railroad (BNSF) Right of Way and will require specific BNSF safety and security training for all primary contractor and sub -contractor employees working within the BNSF Right of Way. The City will provide surveying. The Contractor will provide traffic control. The Contractor will be required to work with our traffic control supervisor. Material Testing will be provided by the City and performed by CTL Thompson, Inc. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available August 1, 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, 80524 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. Dodge Plan Room, 1114 W. 7`h Ave., Suite 100, Denver, Colorado. 3. Reed Construction Data, 11397 W. Radcliffe Dr. Littleton Colorado. 4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. S. Construction News Service, 4775 Centennial Blvd Ste 150, Colorado Springs, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at, on August 11, 2005, at 1:00 P.M.,at 215 M. Mason, Community Room in Fort Collins. 07/2001 Section 00020 Page 1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) 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 DR 0172 (12l96) C COLORADO DEPARTMENT OF REVENUE V DENVE CC 82-2416 61 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Sedion 39-26.114(1)(a)PW nn NOT WRITE IN THIS SPArF The exemption certificate for which you are applying must be used only for the purpose of purchasing construct ion a nd 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 part oft he 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 ofthe subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. istrapo cwurll. o. to be assgwd by 89 - Period 0170-750 999 $0.00 ( 1 - ?xgi fade nartubA Mner. pa ner, a corpoa a name: Mailing address ly, State.Zip) : on c erson - ail address'. a era poyers demitcaton Number Bid amount oryour contra- ax Number: Business telephone rumber'. o ora o withholding tax amount number r Psffi' °`W .0 m .�.-„ t :' asq .. .. .. �.... . a.. ame o exemptorgan¢a Ion ass own on con ac emp organize on s number 98 - ress of exempt organization ate, Zip): Principal contact at exempt organization. Principal con c s telephone number. Physical locationo projec st (grve ac a a ress wnen applicable ancl ii an or county lies)ere project is located) Scheduled o ay Year Estimated Month Jay Year construction start date: mmpletion date. i 7. e f _ I declare under penalty of parlury in the second degree that the statements made in Mrs application are true and complete to the best of my knowledge. Signature of owner, partner or corporate o car: I e of corpora to officer: Date. UO NUI WHITE BELOW THIS LINE Section 00670 Page 1 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 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE coNsmucnoNj* CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCt)rNn 1910-8(1",) Edition), ass base Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENF�,RAJ. CONDI'noNs Page Article or Paragraph Number Number & Title DEFINITIONS ,, . I Ll Addenda...,......,._ ......................._...-_ . j 1-2 ' Agreement . ... ...... ........ ...... I 13 Application for Payment.,____ ........ 1-4 Asbestos �1. 1.5 Did L6 Bidding Documents_ ....... ............... 1 1.7 Bidding Requirements_, ...... Ig Bonds... 1.9 Change Order ... .... ... ...... I 130 Contract Documents..., 1.11 Contracthicc_.... ........... 1,12 Contract Times,_ ...............................1 1.13 (MNTRACTOR L14 *fecdw 1.15 Drawings. ........ L16 Effective Date of the Agreement 1.17 ' ENGINEER_ ....... __ ............ __j 1.18 ENGINEER's Consultant,__..............1 1.19 Field Order% ........ .. .......... ........ 1,20 General Requirements.........................2 1.21 Hazardous Waste _2 1 22.a Laws and Regulations; Laws or Regulations .... .......... -Z 122-b Legal Holidays, ...... _2 1 ?3 Liens L24 Milestone, ... ....... ............ _2 125 Notice of Award 1.215 Notice to Proceed 2 1.27 OWNER... ...... 118 Partial utilization'__ ...... 1.29 PCBs_'___ ... ....... 130 Petrolem 1.31 Project,...... 1.32.a ..... RadioactiveMaterial,_ 1.31b ....................... Regular Working Hatink. � ................... 1.33 Resident Project.Rcprescntative, .... ___2 1.34 Ssrnples.............................................2 1.35 Shop Drivivings........... . ....... ...... ........ 2 1.36 Specifications ...................... 1,37 Subcoraractor.'.... 1,38 Substantial Completion._____ ......... ; 1.39 Supplementary Conditions_................2 1.40 Supplier, ".' . ..... ............ ............... L41 Underground Facilities ... ......... ...... 2-3 1.42 Unit Price Work......... .. _3 1.43 Work 1.44 Work Change Directive, ..... ......... 3 1.45 Written Amendment,, ..... _ ...... ____3 Page Number PRELIMINARY MATTERS ....... _3 2-1 Delivery of Bon4 ..... .............. ___3 2.2 Copies of Documents. ...... ...... 2-3 Commencement of Contract Times; Notice to Proceed.._...,...... 3 2A Starting the Work,___ _11.............13 15-23 Before Starting Construction; CONTRACTOFrs Responsibility to Report; Preliminary SchedJes; Delivery of Certificates of Insurance 1-4 2.8 Pr000nstruction Confercacq_ _4 2.9 Initially Acceptable Schedules_ . 4 3. CONTRACT DOCUMENTS AMENDING, REUSE .... ___ ... ....... 3.1-3.2 Intent_ " . ..... . .. . .... ... 3.3 Reference to Standards and Speci- fications of Technical Societies, Reporting and Resolving Dis- Creliancic$ ............. 4-5 3-4 Intent of Certain Toms or Adjectivek..,, ............. ..................5 Documents Amending Contract Doments -------- 5 16 Supplementing Contract Doc umenu... ........... ........... 5 3-7 Reuse of Docuat ents 4, AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS,. _ . ....... _ ...... _5 4A Availability of Lands_ ..... ...... J-6 4,2 Subsurface and Physical Conditionk.___... 4Z 1 Reports and Drawings......................6 4,12 Limited Reliance by CONTRAC- TOR.Authorized; Technical Data 6 4.2.3 Notice of Dillering Subsurface or Physical Condition? ........... 42.4 ENOINEOV3 Review 42,5 Possible Contract Documents Change!_ ....... ____ ... ................ 6 4.2.6 Possible Price and Times Adjusunents,_ . ..... .......... 04 43 Physical Conditions -Underground Facilities.......................................7 4.3-1 Shown or Indicated 4.3.2 Not Shown or Indicated ........... 4.4 Reference Points EXWOENBULCOND1110M 1910-3(199a EUTION) W/ aTr OF FORT cmiam MoDatcAllom OtEv 91") Article or Paragraph page Article or Paragraph Page Number & Title Number lNumbcr 8-- Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 7-8 BONDS AND INSURANCE 8 5. 1-5.2 Performance, Payment and Other Bonds _8 5,3 Licensed Sureties and Insurers; Certificates Of Insurance . ...... ... 8 5A CONTRACT Oks Liability Insurance... ..... .............. ...... 9 5.5 OWNERs Liability Insurance...............9 56 Property Insurance_ . . __ . .......... __9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance........... _....10 5'8 Notice of Cancellation Promsion 10 5.9 CONTRACTORs Responsibility for Deductible Amounts I 510 Other Special Insurance....,.,_......,.,.., 10 5.11 Waiver of Rights_ � ....... _ .... ........... _1 I 5-125.13 Receipt and Application of Insurance Proceeds ...... ...... ____10-1 1 5.14 Acceptance of Bonds and Insis. once, Option to Replace...................11 5.15 Partial Utilization --Property Insurance.,,,.. 1 --- I—- ....... 11 CONTRACTOR'S RESPONSIBILITIES ...............11 6.1-6.2 Supervision and Superintendencq., ..... 11 6.3-6.3 Labor, Materials and Equipment 11-12 6.6 Progress Schedule,,. .. � ......... _ ......12 6.7 Substitutes and "Or -Equal" Items: CONTRACTOR's Expense, Substitute Construction Methods or Procedures; ENGINEEKs Evaluation 12-13 6.8-6. I I Concerning Subcontractors, Suppliers and Othicrs. Waiver of Riqhvx ...... J13-14 6: 12 Patent Fees and Royaltic:...................14 6,13 permits- ........... ......... 1 14 6,14 Laws and Regulations, .... _1 4 6,15 Taxes ... ...... 14-13 6.16 Use of Premises ..... 15 6.17 Site Cleanliness ................................ 15 6,18 Safe Structural Loading .....................15 6.19 Record Documents )5 6.20 Safety and Protection ... ... 15-16 6,21 Safety Representative____ � .................16 . &22 Hazard Communication Programs.,,,,, 16 6_23 Emergencies .....................................16 6,24 Shop Drawings and Samples ..............16 M 6.25 Submittal Proceedures, CON- TRACTOWs Review Prior to Shop Drawing or Sample Submittal 16 6.26 Shop Orawing& Sample Submit- tals Review by ENGINEER ...... 16-17 6.27 Responsibility for Variations From Contract Documents .......... 17 6.28 Related Work Performed Prior to ENGfNEEIVs Review and Approval of Required Submittals ...................................17 6,29 Continuing the Work 7 6.30 CONTRACTOks General Warranty and Guarantee, ....... ... _17 6.31-6.33 Indemnification...,,. ............ ... 17-18 634 Survival of Obligations...................18 OTHER WORK 18 7.1-7.3 Related Work at Site 18 7A Coor4intatioax. 18 OWNER'S RESPONSIBILITIES IS 8'1 Communications to CON- TRACTOR 18 8.2 Replacement 8.3 Furnish Data andPay Promptly When Due 8.4 Lands and Easements-, Reports and Tests .18-19 8.5 Instrance....... 19 8.6 Change Orders . ....... ... ___J9 87 Inspections, Tests and Approvals ...................................19 8.8 Stop or Suspend Work, Terminate CONTRACTOR!s Services.- ...... ....... _____19 8.9 Limitations on OWNIER'S Responsibilities ..... ........... _,19 8,10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive NUtcriak ...... ... �19 9.11 Evidence of Financial Arrangements ...... .......19 ENGINEERS STATUS DURING CONSTRUCTION_.........:..............................15 9.1 OWNERs Representative,.-.- . ..... _19 9.2 Visits to Siv................................. � 19 9-3 project Representafivq___ ......... 19-21 9.4 Clarifications and Interpre- tations.........................................21 9.5 Authorized Variations in Wirk-_ 21 EXW, OENERAL CONEXTIOM 1910-9 (19% ED111014 WCITY OF FORT COLLINS MMMCAM OM (REV 91") Article or Paragraph Page Article or Paragraph page Number & Title Number Num her & Title Number 9.6 Rejecting Defective Work ... ...............21 13,8-13.9 Uncovering Work at ENGI- 9,7_9.9 Shop Drawings, Change Orders NEER's Request, ..... 17-28 and Payments..............._................21 13.10 OWNER May Stop the Work ..... 28 9.10 Determinaticirs for Unit Prices.._.- 21.22 13,11 Correction or Removal of 9.114 12 Decisions on Disputes' EN01- Defective Work ...........................28 NEER as Initial Interpreter ..............22 13.12 Correction Period ... 28 9,13 Limitations on 0VGINEER!s 13,13 Acceptance ofWective Work ...... _28 Authority and Responsibilities_,., 22-23 13,14 OWNER May Correa Defechve Work.......................... ,___28-29 CHANGES I'' Tf M WORK. 10-1 OWNER's Ordered Change................. 14. PAYX49WS TO CONTRACTOR AND 10.2 Claim for Adjustment COMPLETION.... 10.3 Work Not Required by Contract 14.1 Schedule of Values . . ....... ___ ...... 29 Documents_._ _.. . .... ............... __23 14,2 Application for Progress 10.4 Change Order* ......... ........................ 23 Payrrent_ .... ......... ....... 10.3 Notification of Surety ........................23 14.3 CONTRACTOWs Warranty of Title..........................................29 CHANGE OF CONTRACT M(M ...... ......... 14,4-14.7 Review of Applicatims for ILI-11.3 Contract Price, Claim for progress Payment .......... ....... �9 30 Adjustment Valueof 14.8-14.9 Substantial Completion..................30 the Work ...... .......... .................. 23-24 14.10 Partial Utilization ......... ........... Y)-31 11.4 CM of the Work,____ .... ____24-25 14.11 Final Inspection._ .... .... _ .... ...... _31 11.5 Exclusions to Cog of the Wbr} .......... �5 14.12 Final Application for Psyment___31 11.6 CONTRACTORs Fee.. Ir ........ __ ... �5 14-13-14,14 Final Payment and .Acceptance ....... 31 11.7 Cost Records,__, . ................ _.25-26 14.15 Waiver of Claims ...... ______31-32 IL8 Cash Allowances.,„_,,,,,,,,,,,,,,,,,,,,,„_, 6 11.9 unit Price work ...... ... ___ ............... 26 15. SUSPENSION OF WORK AND TERMINATION 32 CHANGE OF CONTRACT TIMES .................. __26 15,1 OWNER May Suspend Work... ... .... 32 111 Claim for Adjustment ' ------------26 15.2-15A OWNER May Terminate........-..,---- 32 112 Time of the Essemq..........................26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACrOks Work or Terminate—, ........... 32-33 Control__. . ....... ___.____,_:26-2Y7 12.4 Delays Beyond OWNEWs and 16. DISPUTE RESOLUTION .................................. 33 CONTRACTORs Coxitrol___ )7 IT MISCELLANEOUS............_ -....._ TESTS AND INSPECTION&. CORRECTION, 17.1 Giving Notice �..................... 33 REMOVAL OR ACCEPTANCE OF 17,2 Computation of Times .... ............ J3 DEFEC77VF WORK....,,.... ,. ....................77 173 Notice of Claim_.... ..... ............... _33 13.1 Notice of Defects,,,,,,,, ..........._77 17A Cumulative Remcdiei ........... ...... _J13 112 Access to the Work ...... ......... 27 17.5 Professional Fees and court 13.3 Tests and Inspections; Costs lncluded......................33 CONTRACTOks Cooperation.,....... 27 IT6 Applicable State Laws__, ........ 33-34 13.4 OWNEWs Responsibilities; Intentionally left blank ...... _ ....... .........35 Independent Testing Laboratory ...... 27 13.5 CONTRACTORs EXHIBIT GC -A; (Optional) Responsibilities ...............................27 Dispute Resolution Agreement ................ .... GC -AI 13,643.7 Covering Work Prior to Inspec- 16,1-16.6 Arbitration_.... tion, Testing or Approvsk ... ___ .... 27 16.7 Mmliation,___ ....... ...... GC -AI EXW GENERAL COMIDOM 1910.8 (1990 EDMC" wi aTy of rou couim m6wicAiroNs (Rgv 9591 INDEX TO GENERAL CONDITIONS (,'try 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 Insurancq ... ............................... 5. 14 *1ective Work,.... ....... ...... J04-1, 115, 13.13 final payment ------------ ............. 9J2, 14,15 insurance .... 5-14 other Work, by CONTRACTOR,,,., ............. 73 Substitutes and "Or -Equal" Items - 671 Work by OAVNER. ...... 6.30, 634 Access to the -- Lands, OWNER andCONTRACTOR responsibilities ....................... 4,1 .............. site, related Work, .. .... 7.2 Work . ........... ........ ........ 13.2,13.14.14 9 Acts or Omissions.-, Acts and Omissions — CONTRACTOR ..... .......................6.9.1, 9 13.3 ENG) NEIF R OWNER- ...... ........ .............. 20, 8.9 Addenda --definition of (also see definition of Specifications),..... J1. 6, 1 :10, 619), 11 Additional Property lasurrancv-4................................. 5,7 Adjustments — Contract Price or Contract Times._.,,...._...............L5.3.5,4.1, 43,2,4.5.21, ... .. ......... prowess scheduI4 ...... ....... ........ 6.6 Agreement -- definition of........._ ................... ...... .... J-2 "All -Risk" Insurance, policy fmTa .......... Allowances, Cash Amending Contract Documents.3.5 - Amendment, Written -- in general,... .._1.10, 1-45, 3,5, 3,10, 5.12, &&2 ...... 01821 619110.1, 10A, 112 ......... 1- 1, 13.112,14.72 Appeal, OWNER or CONTRACTOR intent to .............. ........... 910, 9A 1, 10A� 16.2, 16.5 Application for Payment— definition of EMINFERs Responsibility— ............................ 4.9 final payment ......... ....... 9, 114, 9,13.5, 14,12-14.15 in general...................19, 5.6.4. 9.10, 15.5 progress payment."-, .... ........ ...... review of .................. I ............ Arbitration ........ 16.1-16.6 Asbestos — claims pursuant therco, ---- 4.5,2, 4-5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition Article or Paragraph Number OWNER responsibility fcff� ... ....... ...... 4 5 1, 8,10 possible price and times change . ... . ........ .... 4.5-2 Authorized Variations in Work, ........ 16, 6.25. 6.27, 9.5 Availability of Lands�. � � .... .................. 4.1. 8,4 Award, Notice of --defined ... . ....... ........ .... . ....L25 Before Starting Construction ............................ 2-5-2.8 Bid --definition oC ............ -5 (1, 1, 1, 10, 2. 3, 3.3, 119,1) Bidding Documents definition Of ..... ........ ............. 1.6(6X2) Bidding Requirements --definition of .........................................1.7 (11, 4.2.6,2) Bonds -- acceptance of_......_ ....... ...... .... 5.14 additional bonds.,..-...._ .......... - � .......... 10.5, 11.4.5.9 Cost of the Work....,........................-...-.....1 L5A definition of ............... .. . .... .... ............ ... ... 1.8 delivery of final Application for Payment 14,14 general ......................................1, I O, 5, 1 5. 3, 5,13, -------- 9.11 10,5. 14, 7.6 Performance, Payment and Other Bonds and Insurance --in general........*.. . ......... . 5 Builder's risk 'all-risk' policy form_ � .......... ... 5,62 Cancellation Provisions, Insurance,,.,,.,, 5,4,11, 5.8, 5.15 Cash Allowances .............. ...... ........ )1,8 Certificate of Substantial Completion ......... I .38. 6.X13, ...... Certificatesoil,naliecti 13.5, 14.12 Certificatesof Insurance"., 53. 5A.11, 5A-13. 11 ... I ........ 5.6-5, 5.8, 5,14, 9.13.4, 14,12 Change in Contract Price -- Cash Allowances...,....,._,,,,_.............. claim for price adjustment ...... 4Z6, 4.5, 5,15, & 8.2, 9A 9-5, 9. 11, 10.2. 10.5. 1 L2, 13.9, 1 ... 13.13, 13.14, 143, 15.1, 15.5 CONTRACTORS fee.........................................11.6 Cost of the Work general..,..,.,.. .... * . . ..... ........ J L4-1 1.7 Exclusions to,.._ .....-.... ...... .................... 11,5 Cost Records, .... ...... ........... .............. ........ ..) 1.7 in general. ..... J. 19, 1.44, 9.11, 10,4,2, 10.4.3, 11 Lump Sum Pricing..... .... ...... .......... ...... .113.2 Notification of Surety......._ . --- ....... .... ... lo.5 Scope ot. ....... ....... jO.3-10.4 Testing and Instimfim Uncovering the Work............. ......... 139 9XI)COENERAL COMITIONS 1910-8 (I"OED1710M wi aW Of FORT COLUM MODIFICATIONS (REV 91" Unit Price Work 11.9 Article or Paragraph Number Value of Work. .... .... ___ ........ .............. 1-3 Change in Contract Times -- Claim for times adjustment ........ A. 1, 4.2,6, 45, 5,15, .11111 6.8.2. 9.4, 939.11, 10.,2 10.5, 12.1, ...............119,13-13,13.14,143, 151, 15J Contractual time limits,,,,,,,,,,,,,,, ...................... 12,2 Delays beyond CONTRACTORs control Delays beyond�6WNliks and CONTRACTOR'S .... .J2.4 Notification Of surety.........................................103 Scope of change ,,,,. ........... _ ................ 103-10.4 Change Orders -- Acceptance of Defective Work ....... ......... .... l3.13 Amending Contract Document4 ............. Cash Allowtinceik_ 11 $ Change of ContrpxA Pricq ............ ...... ... J1 Change of Contract Timeq_ ... ....... ............... __12 Changes in the Work ...................... .......... ........ JO CONTRACTOR's fee ........ 11.6 Cost of the Work .... 11,4413 Cost Records 113 definition of ....... ___ ...................... ....... .......... 1.9 emergencies....................... .... 0.23 ENGINEERs responsibility ..... _9,8, 10.4, 112. 12.1 executionof ......................................................10A Indemnifiction.........................6.12, 616,631-6.33 Insurance, Bonds and..-...._ 3.13, 103 OWNER may terminate .......... ....... ........... 15.2-15.4 OWNERs Responsibility,,,, ............ __$.6,10.4 Physical Conditions— Subsurface and . . ........ Underground Facilities I ......................... _+3.2 Scope of Change. ........................... __10,3-10.4 Substitutes___ . ..................... ............. _613,6.8.2 Unit Price Work.._ . ____ .... ........ .... _ _ j 1.9 value of Work, covered by .................... ____11.3 Changes in the Work.. _...-. . ....-_ .........____ ..... )0 Notification of surety.....,, ........ .... __ ........ _103 OWNER!s and CONTRACTORs responsibilities ... .......... ....... ..............10.4 Right to an,w#ustment, -, � I .... .......... 10.2 Scope of change ............ ...... __103-10-4 Claims -- against CONTRACTOR, ............ ........ ...... _616 against ENGINEER,,,, ___ ....... _ ..... __ .... _6.32 against OWNER ....... ... __ .......... ................... .632 Change of Contract Pricq._ _ . ..... .......:9.4, 11.2 Change of Ccutract Times ...... ____ ...... _:9,4,111 CONTRACTOR's ............. 4,71. 9.4.9.5. 9.11. 10.2: ...................... 1"", 11.9,12.1,13,9,14,8, vi coNrRACTOWs Fee 1.6 Article or Paragraph Number CONTRACTOR's liability .... ...... 5A, 6 1 Z 6,16, 631 CA)k of the Work_ .................................11.4,11,5 Decisions on Disputes...............................9.11, 9,12 Dispute Resolution,.,..... ......... ........ ........ ... 16.1 Dispute Resolution .... _01A6.1-16.6 ENGINEER as initial interprelor, ....... ....... _9,11 Lump Sum Pricing__, .................. Notice of,,.. ......... ........ 17.3 OWNERs ....................9.4, 9:5, 9.11. 10,2, 1 L2,11.9 _ ... ........... __.112.1, 119,13,13.13.14,17.3 OWNERS liability, . ........... .............. ___ ....... 5_5 OWNER may refuse to make paymen................14.7 Professional Fees and Cow Costs Included..._. ... __ ......... ....... 17.5 request for formal decision on ............................g.11 Substitute Items... ......... .. ...... _ ............... 7.1,2 Timalixtecision ........ ............ ............... 12.1 Time requirements ............................ ....... 49AI, I'_.I Unit Price Work --- .............................. .......119.3 Value of _J.13 Waiver of --on Final Payment ..... ...... j 4,14, 14.15 Work Change Directive_. ............ ............. _ ..... 10.2 written notice required ... _ ............. _9.11, 11.2, 111 Clarifications and Interpretation* ...... .... 16.3, 9.4, 9.11 CleanSite ____ ............. ----------------- ............ ..... 6.17 Codes of Technical Society, Organization or Association....... ......... .......... ...... _ ........ 3-3.3 Commencement of Contract Tittles............__----,--,-. 7-3 Communications - general ...............................................64 6.9.2, 8.1 Hazard Communication Progri=q_,._ ..... 6.22 Completion - Final Application for Payment ............. ...... .... J4.12 Fins I Inspection_ ............. ......... J4.11 Final Payment and Aweptatnoe, .... .... _J4.13-14.14 Partial Utilization__ ......... ___ .......... _J4.10 Substantial Crnttplation J39,14.8-14,9 Waiver of Claims ...... ............. 34,13 Computation of Timer ......... ................ 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others___, ........... _ ............. ......... Conferences -- initially acceptable schedule;, ....................... 19 praconstruction.. ... __ ........ __ ...... .............. __21 Conflict. Error. Ambiguity. Discrepancy -- CONTRACTOR to Report.. - -------- 2.5, 112 Construction, before starting by CONTRACTOR_.. � ... .............. ...... ............ 2.5-2.7 Construction Machinery, Equipment, etc,.,.,, ....... .... §A Continuing the Work .................................... C29,10.4 Contract Documents -- Amending............................. ...... ............. __3.5 RM& 51 EJMC GENEM CONIXTIONS 1910-3 (1"0 EDMON) w) CITY OF FORT COLLIM MODMCAMM (REV 91M Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a 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 Jame B. O'Neill, II, CPPO, FNIGP ,p(urchasing/Risk Management Director 07/2001 Section 00020 Page 2 Cash Allowances,._._..._.__._.._._--..-__._._. 11-9 Article or Paragraph Number Change of Contract Price .................................... Change of Contract Times Changes in the Work ... ...................... 10A-10-5 check and verify.... ...... ................... Clarifications and Interpretations, ........................ 3.2, 3-6, 9A, 9.11 definition of 1-10 ENGINEER as initial interpreter of 9, I I ENGINEER as OWNER's representativik,.........9.1 general3 Insurance— ...... ................ 53 Intent in inor v ariations in the Work,, ............. OWNERs responsibility to furnish data.,..._..,,_,., 8.3 OWINWs responsibility to make Prompt Paym ent... . ........ ..... � .... $3, 14-4,14,13 precedence - ................. ................... 3.1, 3.13 Record Documents.,-,,, .................. ........... 6.19 Reference W Standards and Specifications of Technical Societies................................... 3-3 RelatedW`ork.................................................... Reporting and Resolving Discrepancies ... 33 Reuse Supplementing ............... ...... 3.6 Termination of ENIGINUERs Employment . ........ 8.2 Unit Price Work...............................................11.9 variations ............ ....... ........... 3.6, 6,23, 6.27 Visits to Site, FX-GINEEWS 9,2 Contract Price — adjustment of ....... ...... 3.5. 4.1, 9A, 10.3, 11.2-11.3 Change o................. .... . � ..... ...... ..... . jl Decision on Disputes,,,,,,,,,,, ....... ......... .... 9.11 definition 1,11 Contract Times — adjustment of -,, .............. 4.1, 9.4, 103, 12 Change of 4, 1.111- ................... 12-1-12A Commencement definition ot,... CONTRACTOR — Acceptance of S 14 Communications,, ............ .......... §.2, 6-9.2 Continue Work,-... ............ . ........ - 6.29,10A coordination and scheduling ............ ....... ..... ,0, 9.2 d0finitim o....................................................J1 13 Limited Reliance on Technical Data AUthorized., ...... 4.2,2 May Stop Work or Terminate ......... ...... 75.5 provide site access to others,,- -2 Safety and Protectim .... 4,3.I.Z 616. 6-18, Shop Drawing and Sample Review Prior to Submittal 0,25 vil Stop Work requirements.---,", CONTRACTOR'&— Article or Paragraph Number Compensation...._.__......,. ..... .. . .... .. Continuing Obligationi., ........ .... .......... 14.15 Dqfectrve Work ............... ........... 9.6, 13,10-13.14 Duty to correct defective Work .1,.1..,1.., ......... 13,11 Duty to Report -- Changes in the Work caused by Emergency,--, .... ............ Defects in Work of Others— ........................... 13 Differing condftion$...................................4.2.3 Discrepancy in Documents.....2.5, 3.3.2, 6 14,2 Underground Facilities not indicated----.,,,, Emergencies ............... ........ .......... 6.23 Equipment and Machinery Rental, Cost of the Work .... ...... ......... 1 IA5 3 Fee —Cost 11.43 6, 1 1.5,1, 11.6 General Warranty and Guaranw ..................... Hazard Communication Programs-. Indemnification ,33 6, 1 6� 6,31 -6 Inspection of the Work ............................... 7.3,13-4 Labor, Materials and Equipment .................. .. 0.3-6-5 Laws and Regulations, Compliance by........:... 614,1 Liability Insurance ....... ...................... ...... .... 5.4 Notice of Intent to Appeal ........... ............ � 9. 10, 10.4 obligation to perform and complete the Work ................... ..... ...... 30 Patent Fees and Royalties, paid for by ......... 6- I I, Performance and Other Bonds-, ...... .............5.1 Permits, obtained and paid for by,,,,,,,,,,,,,,,,,,,,,, 0,13 Progress Schedule .......... 26.18, 2.9,66, ........................................6.29, 10A, 152 1 Request for formal decisionon disputes,,,,,,,,,,,,,, . 9.11 Responsibilities — Changes in the Work ...... 10. 1 Concerning Subcontractors, Suppliers and Others .................................... Continuing the Work,.,,,6�29,10.4 CONTRACTOR's expense........................... CONTRACTOR'S General Warranty and Guamtce ...... .................. 6.30 CONTRACTOR!s review prior to Shop Drawing or Sample submittal .................6.25 Coordinatim of Work.- ..... ...... ..... 16-9,2 Emergencte!k ...... .... ................... 6.23 ENGINEERs evaluation, Substitutes or 'Or -Equal' Items ... 6,73 For Acts and Omissions of Others.,.....,,.,_ ................. 691-6.9'2,9,13 for deductible arnotmtsjrisurance. ...... ......... 5.9 general ... .... ........................ Hazardous Communication Programs...-...... 6.22 Indemnification... MW (ENERAL COMMONS 1910.8 (19" E[)1I10M wl CITY OF FORT COUIM MODIFICATIOM MFV 9/99) Labor, Materials and Equipment..............0.3.6.5 Laws and Regulations-......... _ ............. .... 6. 14 Liability Insurance........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents I Patent Fees and Royalties_... ...................... fi. 12 Permits,.......... _ ........................._........... 6.13 Progress Schedule ...... ................ 654 Record Documents,. ____ _ _ _ . . . ......... _6 19 rotated Work performed prior to ENGINEEks approval of required submittals,,, .... ___ ........ _ ................... .0.28 safe structural "ding .................. ..............6.18 Safety and Protection_, ................ 0,20, 7.2, 13.2 Safety Represcrustive.................................. 6,21 Scheduling the Work ..... ................. ..... 6.9.2 Shop Drawings and Samples... ............ ...... _0.24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness ........ .............................. __6,17 Submittal Procedures ............ - ...... ........ & 15 Substitute Congruction Methods and Procedures ................ _._ ............. 67.2 Substitutes and "Or -Equal" Items................0.7.1 Superintendence ....... __ ......... .................... 0.2 Supervision.......... - ............ ......................... 6.1 Survival of Obligations;................................6.34 Tom..........................................................0.15 Tests and Inspections ToReport ...... ........................ Use of Promises ..... ............... 0.16.6,18,630.2.4 Review Prior to Shop Drawing or Sample Submittal........................................6.25 Right to adjustment for changes in the Work ..... 101 right to claim....... 4,7,I,9,4,9_3,9AI, 10,2,11,2, ...... )1.9. 12.1, 15.5,17.3 Safety and Protection, .............. _ 6.20-6.22, 7,2, 13.2 Safety Repmw4tabvi.....................................621 hop Drawings and Samples Submittalo.._6,24-6.29 Shop Special Cbmnftnts ............ __ ......... Substitute Construction Methods and Procedures . 63 Substitutes and "Or -Equal" Items, 63L 6.72 Subcontractors, Suppliers and Others,. . ....... 151-611 Supervision and Suporintendance ... ..... 6,1,6,2,6.21 Taxes. Payment by ................... ............. - ........ j5,15 Use of Premises _616.6Ag Wart -antics and guarantees ...... .................. 0.5,6.30 Warranty of Title,,,,,,,,,,,,,,,,,,,,,,,, _ ............... __14.3 Written Notice Required -- CONTRACTOR atop Work cc terminate .......15.5 Repmts of Differing Subsurface and Physical CondWomt ....................... :4.23 Substantial Completion, ,, ......... ...... ........... 14.8 vNi CONTRACTORS --other,-, ..... Contractual Liability Insurance _5A.10 Contractual Time Limits_., ........... ....... .......... __ 122 Article or Paragraph Number Coordination— CONTRACTORs responsibility ........ ............... §,9.2 Copies of Documents.,........ _........... .... -:2.2 Correction Period ' ......__ ... ............... _ ....... ........ 13,12 Correction, Removal or Acceptance of Defechve Work-- in general _ ............. __ ....... _ ...... 10AA, 13.10-13-14 Acceptance ofDofivaftv Work.., ......................13.13 Correction or Removal of Defective ...... 6.30,13.11 Correction Period..._ .......... .............................. 13, 121 OWNER May Correct Doctive Work ..............1334 OWNER May Stop Work ............... ......... ___1110 cost -- of Tests and Inspertion4._ ....................... 13.4 Recordsll.7 Cost of the Work— Bonds and insurance, additional ...................11.4.5.9 C4M Discount-,..............................................11.4.2 CONTRACTORs Fee,._ ....................... _ .... 11.6 Employee Expenses ......................................11.4.5.1 Exclusions tq. _ _ . ............ _ ......... ........ 11.5 GonerallIA-11.5 Hone office and overhead vqxmso4 ....................11.5 Losses and damages ....................................11.A.5.6 Materials and equipment ...................... 1.4.2 1volmor expenses, . .................. ...... _ ...... J1.4.5.8 Payroll costs on-changes.................................11.4.1 performed by Subcontractors.__...._., .......... J1,43 Rcoordsll.7 Rentals of construction equipment and machinery ............. ....... ........ 11,4,5.3 Royalty payments, permits and license fees ...... j 1,4.5.5 Site office and temporary facilities ...... ... _11,4,5.2 Special Consultants, CONTRACTOR'S ....... .... 11,4.4 Supplemental ...... .....11.4.5 Taxes related to the Work. ........ __ ...... _11,4.5A Tests and Inspectiort ........ ............. Trade Disromus ............ _11A.2 Utilities, fuel and sanitary facilibe; .............. JL4.5J Work aft" regular hours.................... _.....I L4.1 Covering Work.,. ............................................ 13.6-13,7 Cumulative Remedies ........ 17.4-17.5 Cutting fitting and patching ................................... 7.2 Dats, to be furnished by OWNER _ ....... _ .... _ ......... _.3 Day —definition ......... . ..................... .... J72.2 Decisions on Disputes ...... .................. __ .... _9,11, 9,12 defective --definition of ---- ........ ------------- defecirm Work -- Acceptance of.. ....... 10.4.1.13.13 EXW, aENERAL CONDITKW 1910-8 (IM EDtMN) WIMY OF FORTCOLUNSMODMCA110M MXV 919% Correction or Removal of- .......... ___104,1, 13-11 Correction Period ... ...... .. .. 1112 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, ......... ____ ............. 118 Definitions I Delays ..... _ ........ ...................4.1, 6.29, 12.3-12-4 Delivery of Bonds ....................................................2.1 Delivery of certificates of insurance-..._, � ...... _1111 Determinations for unit prices 9.10 Differing Subsurface or ConditionsPhysi4af-' Notice FNGINEER's Review.... ...... ...... ........ .......... .4,14 Possible Contract Documents Change........ _.... 4,2.5 Possible Price and Times Adjustments............A.2.6 Discrepaincies.Reporting and Resolving.-._-_-__..-....._..___.... 5, 3,11, 6,14.2 Dispute Resolution_ Agreement........., .... ... ...... .... _ ... )61-16.6 Arbitration. . .......... _ ............ ....... __ .... J63-16.5 general16 Mediation . ........ __ ........ 16.6 Dispute Resolution Agreement -------- ........ __ ..... ....... 1,6 1- 16-6 Disputes, Decisions by ENGINEER .................. I 1.9. 12 Documents -- Copies of___...... Record 6.19 Reuseo......................................... .. ...... �.7 Drawings --definition of, 15 Easements Effective date of Agreement .- definition of .............1.16 Emergencies_, --- ...... ...... _623 ENGINEER -- as initial interpreter on disputes ,__ .... R. 11-9,12 definition _j,17 Limitations on authority and responsibilitks, ... ,9,13 Replacement of,...-__...._ ... ........ _& _2 Resident Project Representative .... _ ..... ... _. _ ... .913 ENGINEEks Consultant -- definition a.( 1,18 ENGINEER!s authority and resporunbility, limitations on, .... 9.13 Authorized Variations in the Work ... Change Orders, responsibility for ....... 9,7. 10, 11. 12 Clarifications and lntcrprctatiorag ..............16.3, 9.4 Decisions on Disputes ._... ...... ....... _,9. 1 1-9. 12 defective Work. notice of , 13-1 Evaluation of Substitute Items ....... 73 Liability...................................................6.32, 9-12 Notice Work- is Acceptable - . ------------- ---- . 14,13 Observations ......... __ ... __ .................. _...!5.302, 9-2 OWI\',FR!s Representative - 9.1 Payments to the CONTRACTOR, Responsibility for...-,_.........._................9.9, 14 Recommendation of Payment __ .... ......... 14,4,14.13 Article or Paragraph Nurn her Responsibilities--Limitutions on ...... ......... 9. Review of Reports on Differing Subsurface and Physical Conditions ............ ------- 4,14 Shop Drawings and Samples, review responsibility 62f Status During Cuistruction-- authorized variations in the Work- -9S Clarifications and Interpretations . ....... ........ 9.4 Decisions an Dispuleg ....... _ .... _ ...... _9M-9.12 Determinations on Unit Price.._._............._ 9,Ic ENGINEER as Initial Interpreter,, 9. 11.9.12 ENCYINEERs Responsibilities ....... _ 9, 1_9. 12 Limitations on ENGINEERS Authority and Responsibilitir............. .... _ ......... 9.13 OWNEWS Representative,...._.......... Project Representative... _ . ..... ..... .......... 9.3 Rejecting Difrcnve Work...._ .... __ ........ _...9 ti Shop Drawings, Change Orders and Payments.,__ ... ........... ........ _9,749 Visits to Site Unit Price dctcrm. .......... ... _9.10 Visits to Site .......... __ ............. ............. 9.2 Written consent required ........... ...... ...... 3-7,9,1 Equipment, Labor, Materials an4 ........................ 0-3-6.5 Equipment rental, Cost of the Work --- ___ ... 11.4-5.3 Equivalent Materials and Equipment, -, ........... _67 error or ............. 6 ' 33 Evidence of Financial Arrangemen4. Explorations of physical condition4,... ........ ___ ...... 4:11 Fee, CONTRACTORS —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 Inspectiorl ...... ...... ....... __ ....... J4,11 Final Payment -- and Acceptance 14.13-14414 Prior to, for .......... General Provisions ...... ...... .......... 17.3.174 General Requirements_ definition ot.___ ........ .......... .... __J,20 principal references to............2,6.6,4. 6.". 7,6.24 Giving Notice,...---.... ..IT 1 Guarantee of Work —by CONTRACTOR........ 6.30, 14.12 Hazard Communication Programs............. ........ 0.22 Hazardous Waste— definition of......................................................1.21 general ------- ......... -------- 4,5 OWNER'S responsibility for .............................. 8.10 E=C(WNMLoiL CONUTIONS1910.8 (1"a Em-nom W" MY OF FORT COLUNS JUMIFICATIONS MEV 91") Indemnification_ ......... ---- 6, 1' 616, 6.31-6-33 Initially Acceptable Schcdukss ...... Inspection— Certificates of ....................... .P.13,4, 13.5, 14,12 Final....... ........ ...... _ ............... ................. 14-11 Article or Paragraph Number Special. required byENGINEER......................... Tests and Approval., ...... ___8.7. 111-13.4 Insurance — Acceptance of, by OWNER_ 5.14 Additional, required by changes in the Work . _ . ...... ... _ ..... ...... 11.4.5.9 Before starting the Work ........ _ .......... ........... 17 Bonds and --in general _ .... _._ .... ___ ....... __5 Cancellation Provisions......... _....................... 5.8 Certificates of __23,5,53, 5,4.11, 5A.13, .5.6.5,5,8, 5.14, 9A3,4, 14.12 emipleted 5A. 13 CONTRACTOR!s Liability ...... ...................... __5.4 CONTRACTOR's objection to coverage_., 5.14 Contractual Liability:. __ ............ deductible amounts, CONTRACTORs responsibility... ........ __ ... ____ ......... ....... __59 Final Application for Payment ........... _ ... ___.14.12 Licensed Insurers,...,..,........_. .......................5.3 Notice requirements, material changes,,,,,,, 5.8, 10.5 Option to Replace_- � ...................................... 5.14 other special insurance*., .............. ___ .............. 5, 10 OWNER as fiduciary for insureds .... ... 3,12-5,13 OWNER's Liability . . , _ .... ____ ........ ------------------ 5.5 OWNOVskesponsibility_ ...... ............... ...... _8.3 Partial Utilization, Property insurance:,.............5.15 Property..... � _., __ _ . _ ............. __ ..... . .. ..... Receipt and Application of Insurance Proceeds, ................ ................. __._5,12-5A3 Special Insurance ................. ....... .......... _ 5. 10 Waiver of Rights. . ...... ........................ Intent of Contract Documents............ ... ...... 3.1-3A Interpretations and Clarificitionq ....... _ .......... .3,63,9.4 Investigations of physical conditiorip .............. __ ........ 4.2 Labor, 1voisterials and Equipment.........._ .. ...... .... 0.3-65 Landsim- and Easements-, ....... ......................... ...... IlA Availability of ..... ............. ......... 8A Reports and TesK ........... .................................. )3A Laws and Regulations --Laws or RAVIations-- Bonds............................................... 53-5.2 ....... Changes in the Work........ _........ .. __._.I0A Contract Documents.,, .................... ......... :11 CONTRAC.TOR's Resposisibilities_ .............. ... 0,14 Correction Period, defeefive Work ... ........ ....... J3,12 Cost of the Work, tam ..... ........... .... _JIA.SA definition of..,...._ .................... ____ ------------- 1,22 gencral6,14 Indemnification, ............. 6.31-6.33 Insurance S3 Precederec...,-, _1 1. 133 Reference tQ . ...... ....... ........................... ., , 13.1 Safety and Protection,,.,,,_ . .... ..... ........... _6.20, 13-2 Subcontractors, Suppliers and Others,---- -1-A8411 Article or paragraph Number Tests and Inspections,__... ....... Use of Premises-, .............. 16 Visits to Site, . ...... ............. ...... .... 9.2 Liability Insurance-- CONTRACTOKs ... ..................... ............ ...... 5A OWNERs ...... __ ...... ....... Licensed Sureties and Insurers ................................. 53 Liens -- Application for Progress Payment......,_............141 CONTRACTOKs Warranty of Title__ __ _, __ . 143 Final Application for Payment .......... ...... ....... 14, 12 definition of.........._ ..................... _ ...... ........... 1.23 Waiver of Claims .......... ...... _ ...... .................. J4,15 Limitations on ENGINEEWs authority and responsibilities.. ............. .... _ ......... _........A.13 Limited Reliance by CONTRACTOR Authorized........._ ........ _ ..... ....... ............. +12 Maintenance and Operating Manualr, Final Application for Payment, ...... Manuals (of others) -- Precedence- ... ......... ......... Reference to in Contract Document$ ........... _33. I Materials and equipment— fiarnished by CONTRACTOR, ...... 5.3 not incorporated in Work_ .... ..... _ .... ___14.2 Materials or equipment --equivalent,,.....,,.. ...... 67 Mediation (Optional) ....... __ ... .......... __ ........ .)6.7 Milestones --definition of ........................................ J.24 Miscellaneousi Computation of Times:....,., _ ......... ............. t 7.2 Cumulative Remedies..,_ ..................... .......17.4 Giving Notice., _ _ . ............. ......... ........ ....... _J T 1 Notice of Claim.......... _,........ _,_ ... ___ ...... . 113 Professional Fees and Court Costs Included, ..... _IT5 Multi -prime contracts ....................... ...... _._ ......... -Y Not Shown or indicatedk ... ...... ........... A.12 Notice of-- Aomptability of Project ....... ...... ..__14.13 Award, definition of,. ......... .......... ........1.25 Claim __ ...... ....... J73 Defects,13.1 Differing Subsurface or Physical Condificing.....,4,13 Giving ........ ............. 17.1 Tests and Inspwtion*. . ................................... _)3_3 VariaticiA Shop Drawing and Samplo .................0.27 Notice to Proceed — definition of .... _ ............................... ___ ........ 1,26 giving of ... _.__ ........... ....23 EKDC GENERAL CONDITMNS 1910-3(1"D EDITIOM w/ CITY OF FORT CM11M MODMICA710M OLEV 9M) Notification to Surety10,5 Observations, by EN6'r"IJEER . .......... .. . 630, 9,2 Occupancy of die Work..................5.15.6.30.2.4, 14.10 Omissions or acts byC0.NTTRACTOR,__ ...... ___0,9,9_13 Open Peril policy form, insurance, I. I. ......... 5''&l Option to Replace ____ ..... ................ ................. j, 14 Article or Paragraph Number "Or Equal' Items_ . ____ ........ _ .................. ... 6.7 Other work 7 Overtime Work —prohibition of --- 63 OWNER. - Acceptance of defective Work ...........................13.13 appoint an ENGI.NW-R.. as fiduciary......_ ......... ............ 5, 12-513 Availability of Lands, responsibility .... ...... ....... 4.1 definition of ........................... ........... .... 1.27 data, furnish,....__...... __83 fie"i May Correct De ve'Work .......... __ ....... __ .13.14 May refuse to make payment,___ .......... _ ... _)4-7 May Stop the 'Work ........ ....... .......... _J3.10 May Suspend Work, Terminate____ ..... ...... $.8,13.10, 15145A Payment, make prompt., ...... __ ......... ?,3, 14A, 14,13 performance of other work ................................. 7.1 permits and licenses, requirement - s ............ ...... j6.13 purchased insurance requirements .... .......... 5.6-5.10 OWNERS -- Acceptance of the Work....... .................6.30.2.5 Change Orders, obligation to execute.......... 8.6,10,4 Communications ............. _ ...... ........ ................ 8.1 Coordination of the Work, ........... ------- 7.4 Disputes, request for decision ................... ........9.11 Inspeefions, tests and approval§ ............ __$3. 13A Liability Insurance .......... ... _ ... ____ .... ____5,5 Notice of Defects....... )3_1 ....... ....... Representative —During Construction, ....... ENCTINEETS Status__ ....... ...... 9.1 Responsibilities— Asbestos, PC H& Petroleum, Hazardous Waste or Radioactive Material_ ............. 8.10 Change Orders .................................... Changes in the Work ................. ........ communications, ...... ____ ....... .... ___8.1 CONTRACTOR`s responsibilities .................. E.9 evidence of financial arrangementg__ ........ $A] inspections, tests and approvals ... ... _ ...... _ .... .83 insurance., ......... ...... ..... __ ....... ___&5 lands and easements..........._............... 8A prompt payment by.......- ....._... _ .... _ ... ____83 replacement of ENGINEER_ ........ .......... .$.2 reports and tests ..................................... __ 8A stop or suspend Work ................. terminate CON7RACTORs services..._....._... ---_ separate representative at site„ ............................9.3 testing- independent, .... ... 13 4 use or occupancy of the Work„_......_ .... . ....... 5� 15. 630.2.4, 14.10 written cocisent or approval required...,, ... 9_1, 63, 11A EXW (ENMAL CONDITIONS 1910.9 (1990 W1710I0 w" CITYOF FORT COLLM MODMCATIONS QREV 9t99) Article or Paragraph Number written notice required ........ ....... ... 7A, 9A, 9-11 , .................. * ...... ........ IL2, IL9, 147, BA PCBs__ definition general,..... ..... ......... ......... .... .4.5 OWNEWs responsibility fw,, Partial Utilization -- definition of general 6.X 2.4, 1410 Property Insurance............ _........... 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_., ............ _J4,2 CONTRACTORS Warrantyof Title 143 Final Application for Payment .........................14A2 Final lnspectiM,._,_, ...... .... ... _____J4,11 Final Payment and Acceptano .......... ..... 14.13-14A4 general......,.......,.......................... ............... $3,14 Partial Utilization .... ........ ......... - ......... ___J4,10 Retainage ..... ___ ....... ...... _ ........ _ ...... __14,2 Review of Applications for Progress Payreents, ....... ................ * 14* 14,7 prompt payment..... ....................... ....... ?.3 Schedule of Values-- .... 14.1 Substantial CoMpIt6ork ... ' ... _ ...... --- 14,8-14,9 Waiver of Claims,.. ........ __ .... ........ - .............. J4,13 when payments due.................................14A, 14,13 withholding payment,_-,.._, � .... ........ 14.7 Performance Bonds ........ .............. ....... 5.1-5.2 Permits § ...... ___ .13 Petroleum -- definition of.....................................................1.30 general .... ...... .......... _ ....... __4.5 OWNMs responsibility fur ... ... ....... $,10 Physical Conditions— Drawings of, in or relating tQ .......... ..... 4.2.1.2 ENGINEER!s review ..................... _.._ .... A.2,4 wdstirig structures ......... .............. ......... ____4Z2 general 4.2.1.2,,... ............ _ .......... Notice of Differing. Subsurface or,. ....... 4.2.3 Possible Contract Documents Change_ ... ...... __ 4.2.5 Possible Price and Time: Adjustroent4 ..... 4.2-6 Reports and Drawings .................. ...... ___4,2,J Subsurface and ................................... ............ _41 Subsurface Conditions.. ....... ...... ...... ... _4.2,1A Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.12 Underground Facilities-- general........................................................4.3 Not Shown or Indicited ......... .................4.3.2 Protection of .........................................4.3, 620 M Article or Paragraph Number Shown or Indicated,_, ................... 4-31 Technical Data......,..._...:.._...........- ........ I.I.I.A.' ,2 Preconstruction Conforencq.......................................2.8 Preliminary Matters.--..-----_._....__ 2 Preliminary Schedule _ ........................................... . 2.6 Premises. Use of 6.16-6.18 Price, Change of Contract ....... _11 Price, Contract —definition of ......... ........... ............ 1.11 Progress Payment, Applications for.... _................... J4.2 Progress Payment--retainage., . ... ____ .... ......... . . 14,2 Progress schedule, CONTRACTORIk.. _ , ..... �. 6, 2.8, 2,9, 6.6.6.29, 10A,15.11 Project —definition of .......... ___ ........ ____ .............. 1,31 Project Representative-- ENGINEER's Status During Construction ............ 9.3 PrcJcct Reprcscntativc, Resident--de-finition of . . ....... 1.33 prompt payment by OWNER . ....... ........... 83 Property Insurance-- Additional 7 gencralS.6-5. 10 Partial Utilization ................ __ ...... 5,15,14,10.2 receipt and application of proceeds............ 5,12-5,13 Protection. Safety and. ............ ....... 0.20-621, 13.2 Punch list _ .............. ............ _ ... 14-11 Radioactive Material— defintionof...... .......................... ............ 1,32 general4.5 OWNER's responsibility for ............... ......... $A0 Rvoommendation of Paymcn.. . .... ........ J44,14.5,1413 Record Documents...... ........ Records. procedures for maintaining ......................... 2.8 Reference Points ......... Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and (or) ... ............ ..................... 6,14 Rejecting Defective Work. Related Work -- at Site .................... 7.1-73 Performed prior to Shop Drawings and Samples submittals review ............... _ .... 628 Remedies. cumulative ............. ........................ 174,17.5 Removal or Correction ofD4fective Work.. ........13.11 rental agreements, OWNER approval required,._11,43.3 replacement of ENGINEER, by OWNER, . ........... 8,2 Reporting and Resolving Discrepancies.. ........ ....... : 2.3, 3,3.2. 6.14.2 Reports -- and Drawings ..... _ ........ ___ ....... ........... ... _AZI and Tests, OWNER responsibility ............... $.4 Resident and Project Representative— definition of,, ...... ......... ....... L33 provisionfor ........................ ................................ ... 9�3 EXI)C OEHERAL COND1110M 1910-8 (199a EDITIW wt aTY OP FORT COUM MODIRCA710M MEV 9/99) Article or Paragraph Num her Resident Superintendent, C0N7TR.ACTOWs,._ ----- __,62 Responsibilities— CONTR.ACTORs-in gencrat, 6 ENGINEEks-in general..9 Limitations on...... _............ ........ ........ 9-13 OWNERs-in a Reminage .,. . ...... ..... .... . ....... .. ........... 14,2 Revise of Documents 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...... ............ ___0.25 Review of Applications for Progress Right to an adjustment. . ...... "10-2 Rights of Way_....... _ ..... 4.1 Royalties, Patent Fees and .............. ............._....,.6.12 Safe Structural Loading. ........... ... __ ......... 6,18 Safety — and Protection ....... ......... ....... 4.3.2,6,16,6,18, _ .... .............. ....... .... 6.270-6.21, 72, 13.2 general ................................................ _,.0,20-6.23 Representative, CONTRACTOR's .......................6.21 Samples -- definition of--------- ........... ....... J.34 general ....... ---- _ ..... __ ....... __ --- __ ...... ... 6-24-6.28 Review by CON -TRACTOR ............... _ ...... ____6.25 Review by ENGINEER..............................6.26, 6.27 related Work.....................................................6.28 submittal 6-24,2 submittal procedures .,__ ........ ...... ...... 6.25 Schedule of progress ............................. Z6,18-2.9.6.6, .... 11.1-- ..................... . 6,29, 10.4, 152.1 Schedule of Shop Drawing and Sample Submittals___ ............... ...... 2-6,18-19, 6.24-6.28 Schedule of Values, ..... 2.8-2.9,14.1 Schedules — Adherence to . Adjusting__ ........ ...... ...... ....... Change of Contract Timel ................................. MA Initially Acceptable.-_,-....-_..._._....._ .............2.8, 2.9 Prcliminary.................................. . ........ ;.6 Scope of Changes.,........ ....... 103-10.4 Subsurface Conditions Shop Drawings— and Samples, general....._............ .....6.24-6.29 Change Orders & Applications for PaymcritiL and.--- _.............. -...9:7-9.9 definition of_11_......................................1.35 ENCYINF"'s approval of, . .......... ENGINEERS responsibility for review ......... ..................... _9,7,6.24-6.29 related Work _6,28 review procedures ..... ........ ......... 2-8,624-6.28 Article or Paragraph Number submittal required......_.,..... ...... ....... 6-24,1 Submittal Procedures.........................................6.25 use to approve substitutions 6.73 Shown or Indicated ........ ......... 43,1 Site Access 7.21 13,: Site Cleanliness , 6 17 Site, Visits to — by ENG1NEEzR . .......... ........... ............. 9,2, 13.2 byothers ......... . ... ............ .... ____ ....... 3.2 .special causes of loss!' policy form, insurance .... ....... derinition'o(* ...... ......... _136 Specifications— defiriation of. ........... ............ _ .................... _ J. 36 of Technical Societies, reference to . ..... ....... _33.1 precedence........... ........ ......... ....... 3.13 Standards find Specifications of Technical Societies 33 Starting Construction, Before— Starting the Work ...... ...... Stop or Suspend Work — by CONTRACTOR ...........................................15.5 by 01VNFM ...................................... 8.8, 1310, 151 Storage of materials and equipment ....... ... 4.1,7.2 Structural Loading, Safety.,....._ .... ....... 6.18 Subcontractor— Con cerniW,,.,, .... ............. ........... ...... definition o.....................................................1.37 delays.___ ---------_- ------------------ ------ 12-3 waiver of rights, ....... 0.11 Subcontractors --in general ................................ 68-6.11 Subcontracts --required provisions;-......, S, 11, 6, 1 I, 114.3 Subm ittals-- Applications for Payment ................................. 14.2 Maintenance and Operation Manuals........_.._. 14,12 Procedures,._..,......_ ...... ...... _ ............ _6. 25 Progress SchoduleA .................. .......... ...... 16, 2.9 Samples., __ _ . ..... _ _ ......... __._ ....... .... 0.24-6,28 Schedule of Valuc!..........................* 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions_........,. .... _2.6, 2A-2.9 Shop Drawings,......... ................ 6.24--6.28 Substantial Completion -- certification of_ ....... ........ .... .. 03023, 14,8-149 definition of. J,38 Substitute Construction Methods or Procedures, ..... 6,72 Substitutes and "Or Equal' Itcm s, . .... .... ................... 67 CONTRACTOWs EYqxnse ............................6.7.1.3 ENGINEERS Evaluation.................................6.7.3 "Or-FquFd".................................. . ____ ...... 0.71A Substitute Construction Methods FJCDC GENERAL CONDITIONS 1910-8 G"O EIXWNi Wf OTY OF FORTOOLLINS MODIFICAITIGM MEV91") Article or Paragraph Number or Procedures ... ........ ...... 672 Substitute 1.2 Subsurface and Physical Conditions -- Drawings of, in or relatfig to .......................4 ENGINEEWs Review....._....._ - ...... ...... 2 14 general ....... .......... ......... , ... 42 Limited Reliance by CON7RACTOR, Authorized .... ....... Notice of Differing Subsurface or Physical Conditions, . . ... ........ ... 4,2.3 Physical Conditions- ... ....... Possible Contract Documents Change.,42.5 Possible Price andTimiss Adjustments ...... ........ 4,16 Reports and Drawings ...... ........ ...... 4,11 Subsurface and, ..... ., . .... .... ....... .... ... 4.2 Subsurface Conditions at the Site,.,-„,,,„ e„.. 411A Technical Data......... ..... ........ 4;2,2 Supervision— CONTRACTORs responsibility ......................... 0. 1 OWNER shall not supervise.................................8.9 ENGINEER shall not si4xxvisq ..... ......... 9,1— 9.112 Superintendence.. .. . ............... ...................... 6.2 Superintendent, CONTRACTOR', resident ...............6.2 Supplemental costs . .... ....... ........ ..............11.4.5 Supplementary Conditions— definition of . ......... ... ......... ...... .... 1,39 principal references tq., ... ...... 2.2, 23, --------- :41, 43, 5A, 53, 5A, 5.6-59, 5.11, 6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents ....... ....... Supplier— definition of.....................................................1 A0 principal references tq .... 3J, M, 6.3-6 11, 6,20, 014,9.13,14.12 Waiver oi ts 6A 1 Surety— consent to final paymamt,. ............ ENGINEER has no duty to- ...... 9,13 Notification o( ............................. 10A, M5,151 qualification of ........ ...... ,J, 1-33 Survival of Obligations, ... ........................ §.34 Suspend Work, OWNERMW.... 15A Suspension of Work and Termination—- .... CONTRACTOR May Stop Work or Terminate j5,5 OWNER May SuVend Work, . ...... ...... 15.1 OWNER May Terminate- .. ........ ............ J5.2-15.4 Taxes --Payment by CONTRACTOR—_ ....... Technical Data -- Limited Reliance by CONTRACTOR Possible Price and Times Adjustments .... .k2,6 Reports of Diftering Subsurface and Physical Conditions,---- ...... ......... x1v Temporary construction facilities, ........ .. .. 41 Article or Paragraph Number Termination — by CONTRACTOR ... ...... .... .... : ------- .....15.5 by OWNER ............. .... ...... 8-8, 0-1-15A of ENGINEEMs employment.,.,....... Suspension of Work-in general.............................15 Terms and Adjectives---- ... ....... Tests and Inspections -- Access to the Work, by others; ....... ...... CONTRACTOWs responsibilifies... cost of 13.4 covering Work prior to............... ..............13.6.13.7 Laws and Regulations (br)................................ 13.5 Notice of Defects, ...... .................... .......... 13,1 OWNER May Stop Work......,...._ OWNER's independent testing .................... 134 special, required by ENGINEER ... .......... ... 9.6 timely notice required...........,_ ...... . . .......... 13A Uncovering theWurk, at ENGINEER's request.. ...... ....... 118-13-9 Times -- Adjusting,................................................. §.6 Change of Contract ......... ....... ........................... 12 Computation of .... ..........................................112 Contract Times --definition, of, 1. 12 day...... ............ ....... ------ ....... 17Z2 Milestones 12 Requirements-- appeads-, ........... ------ ......... clarifications, claims and disputes- ........... 9. 11. 11 .2, 12 Commencement of Contract Time$ ................. 23 Preconstruction Conference ...........................2.8 schedule$ ... ...... ....... .......... ..... 2.6.19,6.6 Starting the Work..- ... 2.4 Title, Warranty of....._.._ ..--...... ................ J4.3 Uncovering Work--. .......................... ..... ... 118-13.9 Underground Facilities, Physical Conditions. - definition of- .......... ...... Not Shown or Indicated. ...... ........... protection of : ....... ...... � ........ ....... Shown or Indicated ..........................................4.11 Unit Price Work— claims ... 1193 definition ot ...... .......... ......... ..... 1,42 gentrall L9,141. 14.5 Unit Prices-- gentruI11.3.1 Determination fbr_,.,.. ....... 9.10 Use of Premises................................ 6,16,618, 6X14 Utility owners .............................4.13, 6,20, 71-7.3,13.2 Utilization. Partial ...... ....... 1,28.5.15.6.30.2-4.14,10 Value of the Work ..... ...... .......... - ... ... ...... ...... 11.3 Valises. Schedule of... .......... - ....... 2.6,21-2.9,14.1 EJCDC MNELAL CONDIMM 1910-80MEDMON1 wi aTY OF FORT COLLIM MODMAnom OtEV 91" Variations in Work --Minor authorized___............__.,..... _6-25, 6,27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER................................... 9.: Waiver of Claims --on Final Payment, .... Waiver of Rights by insured parties .... 6.11 Warranty and Guarantee, General --by CONTRACTOR Warranty of Title, CONTRACTORs ......................14.3 Work— Access to 13,2 byothers .............................................................. 7 Changes in the,_............................ .................. JO Continuing the,.. . ..... .............. ....... ...... 6.29 CONTRACTOR May Stop Work or Term iwte 15.5 Coordination of 7.4 Cost of the definition of, . ........... ....... ........ .... 143 neglected by CONITRACTM ........ ....... ....... t3,14 other Work OUINER May Stop Work ............. OWNER May Suspend Work.... .... ........ J3,10,15-1 Related, Work at Site..................................... T 1-7.3 Starting the,,, ........ __ .... ........................... �A Stopping by CONTRACTOR .......... ___ ...... J5.5 Stopping by OWN7FR___ ............ ___ ..... 151-15.4 Variation and deviation authorized, in inor., � ........ 3.6 Work Change Directive — claims pursuant to.............................................10.2 definition principal references to ....... -------- 3.5.3,10.1-10.2 Written Amendment -- definition principal references to.. ...... _110, 3.5,5M,15,11 .......... .....¢.6.2, 8.2, 6.19, 10.1, 10.4, ....... . ....._.jL1 12.1, 13.122, 14.72 Written Clarifications and Interpretations, __ . ....... ...... ...... 3.6.3.9,4,9JI Written Notice.Required-- by CONTRACTOR.............................7.1, 9.10-9.1 1, . ... . ....... 10.4,11.2,12.1 bv OWN�R ...... 10.4, 11.2,13,14 kv EXMC GENERAL COMITIOM 1910 -8 (19" EDITIOV w,'CITY CF FORT COUM MMMCATIOM (REV 9199) (This page left blank intentionally) xri. E$= GENERAL CON XTIOM 1930-8 (1990 EDMON) wt MY OF FORT COLL" MODIFICATIONS OWV 9t99) SECTION 00100 INSTRUCTIONS TO BIDDERS GENERAL CONDMONS ARTICLE 1- DERMT10INS Wherever used in these General Conditions or in the other Contract Docwnents 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 clarity, correct cr change the Bidding Requirements or the Contract Documents. 1.2. Agreement --The written contract between OWNER and CONTRACTOR covering the Work to be perfumed; other Contract Documents are attached to the Agreement and made a pat thereof as provided therein. 1.3. Application for Parwient.-The form accepted by EN R which is to be used by cZNTRACT OR in requesting progress or final payments and which is to be accompanied by such required by the Contract Docr enntdocumentation as is tz, 1.4. Asbestas--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 Oc upational Safety and Health Administration 1.5_ Bid -Teo offer or proposal of the bidder submitted on the prescribed form settttm ft forrth the prime for the Work to be performed. 1.6, Bidding Doewitenrs—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). LT Bidding Regrtiremeni�-The advertisement or invitation to Bid instructions to bidders, and the Bid form. 1.8. Banns Berfamiat and Payment bonds and other instruments of security. 1.9. Change Order —A doormat recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes anaddamm deletion or revision in the Wok, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement LM Contract Do nis—The Agreement, Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including docurnardatiod accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an eidiiba to the Agreement. the Notice to Proceed, the Boats, these Genral Conditiom the Supplementary Conditions, the Specifications and the Drawings as the E)MOCIENERALCOM MONS19ta40MPc5tioO VV CITY OF.FORT COLUM MWIFIC TION3 (REV 4noom same are more specifically identified in the Agreement together with all Written Amendments, Change Orders, Wok 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 Mte of the Agreement. Slop 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. Cantrad Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (su*ct to the provisions of paragraph 119.1 in the case of Unit Deice Work). 1.12. Contract Times ---The numbers of days ur 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 I-NOINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13 CON'iR4CTOR-4he person, firm to corpmmtton with whom OWNER has enteral into the Agreement 1-14_ defective —An adjective which when modifying the word Work refers to Work that: is usatisiactoy, faulty or deficient in that it does not conform to time Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval refenedto in the Contract Documents, or has been damaged prior to ENGINMR"s recommendation of final payment (unless respom ibility 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 dmwbW which show the scope, &dent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred W in the Contract Documents. Shop drawings are not Drawings as so defined 1,16. E,$ecrive Date of du Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it mean the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17, FNt'11NEER—The peron, firm or corporation named as such in the Agreement. 1.18, ENGMEER's Consultant --A ppeerrssoon, firm or corporation having a contract with ENGI MER to finish services as ENGMEER's independat 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 ender issued by ENGINEER which orders minor clangn in the Work. in accordance with paragraph 9.5 but which does not involve a charge in tine ConimactPtice or the Contract Times. 1.20. General Requ"menty-Soctions. of Thviston I of the Specifications. 1.21. Hazardous Warm --The teen Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Ad (42 U SC Section 6903) as amended from time to time. 1.22.a. Laver and Regulations; Lars orRegulauons--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. Und RoftAwt.shall be those holidays observed by the City of pot Collins 1.23. Liens -Lints, _charges, security interests or nrcinnbrances upon real property or personal property. 1,24. AAilesmne--A pprriPC401 event specified in the Contract Documents retatgng to an imaniediate completion date or time prior to Substsmial C,anpletion of all the Work. 1,25. A+ofice 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 timme specified. OWNER will sign and deliver the Agremen t. 1,26. Azodee to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date of which the Cam -to Two 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, assomatim, farm or person with whom CONTRACTOR has cored into the Agreement and for whom the Work is to be provided 128. Partial Utilization -Use by OWNER of a substantially completed pan 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- kiyefdor r dal biphenyls. 1.30. Patrakws--Pchofeum, including crude oil or any faction thereof which is liquid at standard conditions of temperawre avid pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil; parolcum, fuel oil oil sludge, oil refine, gasoline, kerosene and oil mixed with other taxi-Hazvdous Wastes and crude Oils. 1.31. P jacz-The total construction of which the Work to be p nN ed under the Contract Doctunams may be the whole, or a part as indicated elsewhere in the Contract Documents_ 132.g Rem boactim Motriel—Source, special nuclear, or byproduct material as defined by the Arnie Energy Act of EfCDCOMM ALCONDMOM 19104(194a1341600 W CITY OF FORT QDI11MhdCffiMCATIoNs othv 4i2w) 1954 (42 USC Section 2011 et seq) as amended from time to time. 1.32b. Regular Warkine Hates � workim hours are defined as 7:00am to f1"!1 unless Mqgjfiod m General it 1.33. Restdant Pro act Repersentahw—The authorized representative of EN�;[1SEER who may be assigned to the site or any pram thereof L34. Samples -Physical aeamplcs of materials, equipment, or workmarialhip, that am 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 Drn lnr All drawings, diagrams, ilhtstrations, schaktles and other data or information which a�cally prepared or assembled by or for CONT OR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specy1cadonsfihose portions of the C.omract Documents consisting of written technical descriptions of materials, equipment, cornstnrctim systems standards and wokmanslup as applied to the Work and certain administrative details applicable thereta 137, Subcanotw on -An individual, firm or corporation having a dvect corstact wide CONTRACTOR or with any alter Sulncontractnr for the performance of a part of the Wok at the site.. 138. Suboarnihd Com*ficvn--The Work (or a specified part has progressed to the point where. in the opirronn of ENGINEER as evidenced by ENGINEERS definitive certificate of Substantial en Coenplon. it is suf pr* iecomplete, in accordance with the Carruaet Documents, so that the Work (or.specified part) can be utilized for the purposes for which A is intended, or if no such certificate is issued, when the Work is compplete aid ready for fatal payment as evidenced by ENGIIQE Ms written recommendation of fowl 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 thawf 139. Supplewntay Conifte s—The part of the Contract Documents which amends or uq>w>lem mts these Genaal. Conditions. 1.40. Sigrplier—A manufacture, fabricator, supplier, distributor, mnterialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish nish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subeortrado. 1.41. Underground Fadlittes-All pipelines. conduits, ducts, cables, wines, manholes, vaults, tanks, tunnels or other such facilities or attachroe ms, and any en cescro nts containing such facilities which have ban installed undagrourd to furnish any of the following services or materials: clectrleity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal. traffic or other control systems or water. 1.42. Brat Price Work —Work to be paid for on the basis of unit prices. 1.43. Rork —The entire completed construction or the various separately identifiable pads thereof required to be furnished under the Contract noctmnents. Work includes and is the result of performing or furnishinng labor and furnishing and irtcorparating materials and equipment into the Consttduction and Performing or furnishing services and furnishing documents, all as required by the Contract Document& 1.44, Wank Change Lkmcriw—A written directive to CONTRACTOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by EINGINT11R. onkring an addition, deletion or revision in the Work, or responding to diftering or unforeseen physical conditions under why the Work is to be performed as provided in pamgmph4.2 or 4.3 or to emergencies under paragaph 6.23. A Work Change Di wwc will not change the Contract Price or the Contract Times but is evidence that the parties c2q=t 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 inparagaph 10.2 1.45. Wnnnien Anienc mmit -A written amendment of the Contract Documents, signed by OWNER. and CONTRACTOR on or after site Effective Date of the Agreement and normally dealing with the nonerigirnecring or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PREILMNARYMATTERS Delivery ofBanalt, 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shalt also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5,1. Copies ofnaoerrrents: 2 2 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be fimnisned, upon request, at the cost of reproduction. CovxmeacrmeW of Co nbiad Times, Nardee to Proceed 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, EX" 00EtdE ULCONM 10M141a8(I"DEdUan) wi QTY OF:FORT C.(]r>UM MMIMCATION5 (REV 4n(ilk) if a Notice to Proceed is given, on the okay indicated in the Notice to Proccel. A Notice to Proceed may be given at any time within thirty days aft: the Effective Date of the Agreement, tnf-laid-dipieiing er-t#te-€hittiesb diay,a the�Ttlastvc-l]ate ®f�tlre AgreeQn whiehRwer date-rs earlier: Siartingthe Work: 2A CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to rum, but no Work shall be doe at the site prior to the date on which the Contract Times commence to run. Before Shorting Consnrecdon: 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 ap pli&ble field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtains a written interpretation or clarification from ENGINEER before proceednig with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or FNGp1siEF.R for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or rea bly 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 Semple submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal, 2.611.. pnito_.ov- will a scMMIe be acCepttab which allows less 21 colon days for each review by Engineer. 2.63, 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 construisinn 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 wW OkW;bR shall a salt deliver to flee etkeF OWND3R wpth eapks to eseh a'dizieml igiant d an EINrGINfi'ER certificates of insurance (ad other evidence of insurance �— ucita��t O � which CC7NTRAG f;arid E?�avefare is rvcptired to purchase and. maintain in accordance with paragraphs Preconstrudian Conf"nm 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, ENGINEMR 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 hand(` Shop Drawings and other submittals processing u%piiratmns for Payment and maintaining required records: lnhietHy AccgftNe S'ekedular 2.9, Unless. Otherwise pmvidai in tine Cmmmet l:hxyrmerts. Appl eetien fen Payment before -any war( st flu site begins a oanferonce attended by CONTRACTOR, ENGINEER and othersaswill be held to review or�bility to ENGINEER as provided below the scheokrles _sublmitted in aoaeardartce with paragraph2k, cad I3ivtsiwr i - tercel CONTRACTOR shall have an adoditioal 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 FMINFER as providing an orderly progression of the Work to completion within any specified Milestones and the C tract Tines. but such acoeptance will neither impose on ENGINEER responsibility for the scheduling or progress of the Work rice a wi or relieve CONTRACTOR fron CONTRACTORS DA responsibility therefor. CONTRACTOR's schedule of �p Dm and Semple submissions will be acceptable w E =as providing a wericable ararvinens for reviewing and processing the required submittals CONTR.ACTORs schedule of values will be acceptable to 12,40D EER astoform and Vbaance. A1MCLE 3--00ITRACr D0CLTAMS. Ilw1'ENT, AMMING, REUSE Inted. 31. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR. concerning the Work. The Contract Doaamets are complementary, what is cabal for by one is asbi ding as if called fa by all The Contract Documents will be construed in accordance with the law of the place of the 3:2. It is the intent of the Conttact Documents to t DC-aENERALC0N[ In0M 191" (194o MOO cat CITY OF FORT C0111M MODIFICATIONS (REV 4100a) describe a functionally complete Project (or pan thereol) 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 aril be turmshed 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 accordsno: with that meaning. Clarifications and intmppetations of the Contract Documents shall be issued by ENGINM as provided in pantgraph 9.4. 3.3. Reference, to SYaradsrds• and Speeifroadong of Tedmicat Societass,• Itwartreg and ResuMas DismPanciee: 3.3.1. Reference to standards, specifications, manuals or erodes of any technical society, organization or association, or to the Laws or Regakho w of any governmental authority, whether such reference be specific or by imphostnon, stall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Sufis (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. K during the perfomance of the Wok, CONTRACTOR disecvers any conflict, error, ambiguity or discrepancy within the Contact Doamnerts or between the Cor Tact Documents and aN provision of any such Law or Regulation applicable r to the petformanoe of the Work or of any such standard, specification, manual or cc& or of any instruction of any Supplier refemd to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, sr4 CONTRACTOR shall not proceed with the Work afFeeud thereby (concept in an emery 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 cailiict. error, ambVitty or discrepancy unless CONTRACTOR knew or reasonably slncnuld have knownthaeoE. 3.3.3. Except es otherwise specifuaW stated in the Corova Doc(mnerts or as may be provided by amendment one supplement thereto issued by arm of the methods irdiii paragraph3.5 or 3.6, the provisions of the Contract DoewntMs shall take precedence in resolving any conflict, cmor, ambiguity or discrepancy between the provisions of the Contract Documents and. - the provisiahs of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3 3.2 the provisions of any such Laws or Regulations applicable to the performance of the Work. (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation), No provision of any such standard, specification, manual, code or ins rue ion shall be effective to change the duties and responsibilities of OWNER, COitirrRACTOR or ENGINEER" or any of their subcontractors, consultants, agents or employees from those so forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEERS Consultants, agents or employees any duty or authority to supervise or direct the finishing or performance of the Work or any duty or authority to undertake responsibility inconsistentwith the provisions of paragraph 9,13 or any other provision of the Contract Documents 3.4. Whenever in the Contract Documents the teems "as ordered". "as directed", "as required", "as allowed" "as approved" or tams of like effect or import are used, or the adjectives "reasormbie". 'suitable"> "acc ble". "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, t is intended that such requirement, direction, review or judgment will be solely to evaluate, in gemmL the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the des get 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 terra or adyective shall not be effective to assign to INGLxiF3ER any duty or authority to supervise or abreact 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 Ameueing and Sapplememtfng Contract Documents. 3.5. The Contract Documents may be amended to provide for additions, delotioris and revnstans in the Work or to modify the terms and conditums 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 EXMCMQR:AL CONDIIIOM 141" (I"O Edition) wtCITY OFFORT COLursMna MAMNSiREV4ti0" 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 Wok may be authm7ed 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. EN4lNEER's written interpretation or clarification (pursuant to paragraph 9.4). Rease ofDocumeatr. 3.7, CONTRACTOR, and any Subcontractor or Supplier or other person or orgamatior perfomma 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 miner documents (or copies of any thereof) prepared by or beartrg the seal of liNGINMR or ENGINEER's Cmsdiltam, and (it? 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 d-,AF'AMABII ITY OF LAMS; SIIMMACE AND PMNICAL COMMONS; RFFI3 MgCE POIIITS Anailabtliry oftau* 4.1. OWNER shall furnish, as indicated in the Contract Documents, the laud upon which the Work is to be performed, rights -of -way and easements for access therein, and such other lands which are designated for the use of CONTRAMOR uw itt�a r eattes� OWNER shall 'identify any encumbrances or restrictions not of gcnetnl application but specifically related to use of lards 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 agr a on entitlement to or the amount or extend of any adjustments in the Contract Price or the Contract Timesasa revA of any delay in OWNER's fumtshing these lands, rights -of - Way or easemer" CONTRACTOR may make a claim therefor as provided in Articles I I and 12. CONTRACTOR slmll provide for all additional lauds and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Sxhuurfaee and Physkcal Conattionr 4,2.1. ReNtu end Dniuingx: Reference is made to the Supplementary Conditions for identification of. 4.2.L1. Substnface Crean au. Those reports of explorations and teats of subsurface conditions at or cm to the site that have been utilized by ENG� in preparing the Corttrect Documents; and 42.1.2. Pirysi ai Co nadiamm- Thow drawings of physical condinons in or relating to existing surface or Su oe structures at or contiguous to the site (except Under xou nd Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Rekmrce by COMR4CTOR Antihorfzeit Tedaaccl Data: CONTRACTOR may rely upon the general accuracy of the "tedinirail rota" c miairied in such reports and drawings, but arch reportsand dmwigs are not Contract Documents, Such "technical data" is alednfied in the Supplementary Conditions. Except for such reliance on such "technical data% CONTRACTOR may not rely upon or make any claim agamst OWNER, ENGINEER or any of ENGINBRIVs Constifiants with reaped to; 4.2.2.1. its completeness of such reports and drawings for CONTRACTOR'S purposes, including, but not limited to, any aspects of the means, methods, techniques, saquenc s and procedures of construction to be employed by CONTRACTOR and sality pre ourboru and programs incident tbesetc, or 4.22.2. order data, interpretations, opinions and information coritaueclin such reports or shown or indicated in such drawings; or 4.2.23. any CONTRACTOR intepraffutin of or cenclusim. drawn front any "technical data" or an such data. i terpr'elaborr, opinions or informatics, 4.2.3. Notice of Diiffi tg Sabswface or Phyeral Con&fi s: If CONTRACTOR believes diet any subsurface or physical condition at or contiguous to the site that is urwovered,or reveded either 4.2.3.1. is of such a mture as to establish Oat any "technical data" on which CONTRACTOR a embed to rely as provided in paragraphs 4.2.1 and 4.22 is materially inisooi ate; or 4.2.3.2. is of mach a nature. as to require s chmV in the Contract Documents, or 42.33, differs materially from that shown or I3XWM4M t.CONI MOM1910-(199oEd oo) W aTvnrFon:TcaoluMutcotstcanonisutl:waa000t indicated it the Contract Documents, or 42.3.4. 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 Doctmerim then CONTRACTOR shallpfemptlymn_ racy after becoming aware thereof and befam further disturbing conditions aMoted thereby or performing any Words in connection therewith (except in an emergency as ppeeirTt1ntitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not-fiudher disturb such conditions or perform any Work in connection therewith (except as afcremid) until receipt of written order to do so. 4.2.4. ENGINEEt s Review: 1 N024EER will promptly review the pertinent conditions, determine the necessity of OWNEks obtaining additional exploration or testa with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEMs findings and. conclusions. 423. Poauibit Coninwi Documents Charge: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or mom of the categories in paragraph 4,2.1 a Work Change Directive or a Change Order will be issued as provided, in Article 10 to reflect and document the ccrosecluences of'xwh change. 4.2.6. Posrbio Price curd 7bnex A#ustme» tt: An equitable it*stment in the Contract prize or in the Contract Times, or both, will be allowed to the extent that the ex istmiee of such uncovered or revealed condition causes an increase or de arse in C3NTRACTOR:s coat oC ortime required for performance of the Work» subject, however, to the folhawitig: 4.2.6:1. such condition trust meet any one or more of the categories descrttW in peragnaphs4.2.11 diraigh 4:2.3.4, inclusive; 4.2,62, a:cif in the Contract Docume ms pursuant to paragraph 4.2.5 will not be an automatic authorization of ram a condition precedent in eri itemerd to any such adjustment t 4:2 6.3 with respell to Work that is paid for on a Unit Price psis; any adjustuant in Contract Twice will be wbjed to the provisions of paragraphs 910 anal 11.9; and 4.2A.4. CONTRACTOR shall not beentitled to any adjustment in the Contract Price or Times if; 4,2.6.4.1. CONTRACTOR knew of the wdstance of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Cahtrad Times by the submission of a bid or beooming bound under a negotiated co ntrsct; or 42.6.4.2_ the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploraticm 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 CONTRACfORs making such final commitment; or 4 AAA. 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 Piton or Contract Times. a claim may be made therefor as provided in Articles l i and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not he bail to CONTRACTOR for any claims, rests, losses or damages sustained by CONTRACTOR on or in connection with any other protect or anticipated pmject 4.3. Physical CondGkons--Lhuiel mundFaci6tiev. 4_3.1. Shoim or Indicated.• The information and data shown or indicated in the Contract Documents with respect to existitng Facilities at or contiguous to the site is on information and data firrnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINTM skill not be responsible for the accuracy or completeness of any such information or data; and 43.12. The cast of all of the following will be included in the Contract Rice and CONTRACTOR shall have full responsibility for: (i) reviewing and emceeing all such information and data. (ii) locating all timlergroxmd Facilities shown or indicated in the Contract Docmnents,(m) 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 paragraph620 and repairing any damage thereto resulting from the Wok. 4.3.2. Not Shmm or Indicated If an Underground Facility is uranvered or revealed at or contiguous to the site which was not shown or indicated in the Gorntr�t )ocuments CONTRACTOR shall immediately after beconim aware thereof and frather disturbing conditions affected thereby or Performing arty Wok in connection therewith (ex m an ernengenry as required by paragreph6.23, identify the comer of such Urdu xnnd Facility and EXDC OEMRAI. CONUTiOM 1910-8 (1990 E"oti) w!CITYOFFORT 001,111,15MODIFICATIONS OtEV t2000) 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 Urnderground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive a a Charge 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 'dad in para�,raphb.20. CONTRACTOR �n be allowed an increase in the Contract Price or an extensity of the Contract Times, or both, to the cadent that they are attributable to the wastenceof any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and weld not reasonably have been1�I R to be aware of or to have anticipated If OV4'awnd CONTRACTOR are arable to agree on entitlement to or the amount or length of any such adjustment in Contract Rice or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I i and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall nor he liable to (X)NiRA("TOR for arty claims, casts, lasses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated projem ReJerenee Per 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGrINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR small be responsible for laying out the Work, shall prded�t and preserve the established reference points and small make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGDMER 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. Asbatw Mk, Petroleum, Ha radour Waste or Rar&aaeYive Matenfd.• 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered a revealed at the site which was tit shaven or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Wok and which may present a substantial clanger to persons or p tffq exposed thereto in connection with the Work at tic sift. OWNER shall not be responsible for any such materiels brought to the site by CONTRACTOR, Subcontractors Suppliers or anyone else for whom CONTRACTOR is responsible a 53 I9Rat!-intmatiatel} H? stogy all VMCOM>t'k&00M1101"'S191O.8:(19"i3dki4 i) WC3TYOFFOa.TCOL1, MMODIFICATIONSOtEV4nOaa) ARTICLE S-BONM AND INSURANCE Parfarmance, Pdyvnear and Rrker Borah: 5.1. CONTRACTOR shall furnish Performance end Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's ubhgations under the Cormuct Documents. These Bonds remain in effet at least until one year after the date when fatal payment becomes due, except as provided otherwise by Laws or Regulation or by the Contract Documents. CONTRACTOR shall also famish such other Sands as are required by the Supplementary'Cariulitiam All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by laws or Regulations and shall be awcuted by such sureties as are named in the current list of "Companies AoWng Catifx�tes of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Rein C.otnpames" as published in Circular 57t7 (am� by the Audit Staff, Bureau of Goveriment Financial Opaatiom, U.S. Treasmy Departments All Bonds signed by an agent must be accompamed by a certified copy of such agents authority to act. 5.2, If the surety on any Bond famished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do htismess is terminated in any state where any pat of the Project is located or it ceases to mod the requirements of peragcoph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, bath of which must be acceptable to OWNER. 5.3. i iemsed Sxn *es and lararerA Catifraues of Isru ranee: 5.3.1. All Bonds and unanance required by the Contract Documents to be purd a ed and maintained by OWNER err CONTRACTOR "11 be obtained fi m surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is loaased to-istue Bonds or inarsuce polies for the limits and coverages so required. Such surety MA inst auce companies shall also meet vxh additional requiremerva and qualifictuinns as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional inswed identified in the Suppltmmentary Conditions, oartirwatm of insurance (and other eridenoc of insurance requested by OWNER or any other additional instuvao which CONTRACTOR is required w purchase md maintain in accordance with paragraph 5.4, AVA41nyall CONTR4C/OR'sLiabi&ry huwmace: 5.4_ CONTRACTOR fall purchase and maintain such liability and other insurance as is appropriate for the Work being paeridrmed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONfRACTOR's performance and fiurashing of the Work and CONTRACTOR's odder obligations under the Contract Doaments, whether it is to be performed or furnished ky CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirect yy employed by any of than to perform or furnish any of de Work, or by anyone for whose acts any of than may he liable: 5.4.1. claims tinder wcrken' compensation, disability benefits and other similar employee benefit acts; 5.42. claims for damages because of bodily injury, occupational sidd:ness or disease, or death of C ONTRACTOR's employees; 5A.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONPRACTOR's employees; 3:44: --hy_, �.atenmaty' 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 jaersot 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 purdi-aiW and maintained shaft 5.4.7. with respect to irsumnec required by paragraphs 5.4.3 through 5.4.6 innchnive and 5„�,9 include as additicatal insureds (subjdwt to any oustdmnary eomhtsion in rasped of professional liability), OWNER, ENGINEER, ENGINEE2's Commki trs and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional inwreds, acid include coverage for the respective of icem and employees of all such additional insureds; 5.4.8. include the specific cove s and be written for not less than the Innits of liabl�' provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. ineWdecanpkudopemtimsirsutrmtre; EXDC004M AL CONDITION'S 191" (1990 Edam) w? CITY OF FORT COLUM MODIFICATIONS MEV 42000) 5.4.10. include contractual liability insurance covering CONTRACTOWs indemnity obligation under paragraphs 6.11, 6.16 and 6,31 through 6.33; 5,4.11, contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance famished by the CONTRACTOR pursuant to paragraph 5.3.2 " will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CON7- RACTOR may be correcting. removing or replacing dsfecOve Work in accordance with paragraph 13.12: and 5.4.1.1 with respect to completed operations insurance, arid any insurance COPY ga written on a claims -mark basis, remain in affect far at least two years after final payment (and CONTRACTOR shall famish OWNER and CM.+ Whet S"tioral insutad identified in the Supplementary Conditions to whom a certificate of insmance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter), 0H'11ER'9Li4bihVlotai mica: 5.5. In addition to insurance required to be provided by CONTRACTOR under pamgmph5.4, OWNER, at OWNEIR's option, may purchase and maintain at OWNEt's expense OWNER's on liability ittsvrance as will protect OWNER against claims which may arise from rations under the Contract Documents. Property lasumee: L :::.....:.-.F,.: a of--tine--full—r to--sty -and 1' . Y � 1 � • ��yyy��'',,�� q. 1� 1 1 1 t 1 r�Tr�l ... s-Rislt--"alb-nosh" err (am get TT r!tfriiai Ir wom ". rib"O."P. 5.9. OWNER sbdl not be mW mumtamms any pmpwV interests of CONTRACTOR. for pwchwe to pxftd the a or ahem in EXI>COENUMcomm,nomigio4(1"OE&twn) 10 WIOTYOFF6RTCO1i,1MtACDMCATIOMOWV4J2000) I Fai, ii-JAROIR L 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. 12/03 Section 00100 Page 1 h y M M t. n ,_ t loom, I Receipt andAppliomtian ofInarraaee Proceeds: 5.12. Any insured loss under the policies of insurance required by graphs 5.G and 5.7 will be adjusted with UWIvER and made payable to OWNER as fiduciary fix the insureds, as their interests may appear. subject to the requirements of any applicable mortgage clause and of paragraph S.13. OWNER shall deposit in a separate account any money so receive& and shall distribute it in accordance with such agreement as the parties in interest may reach If no otter special agreement is reached the damaged Work shall he repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Changc Order or Written Amendment 5.13. OWNER as fiduciary shall have power to a ust and settle any lass with the insurers unless cone of the parties in interest shall object in w within fifteen days after the occurrence of Ions to 01N i_ R'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 fidueiary shall adjust and settle the loss with the insurers Acceptance ofBan* andlnmrunce,• Option to .Replace: OWNER has any objection to tlne coverage afforded by or char ptpvisiom of theBonds-or insurance required to be purchased chased and maintainneti by the CONTRACTOR in accordance with Article 5 on the hash cf noncid—inn ince with the Contract Documents, the rvO. in writing within Ceti fdM days after xaeip+t kttvM of the certificates {en ether evidence �7 tQ,_Q—WXW,-9 required by pamgmph 27, anger-aus}r•additie�l--pert--in-fit-oaf irisuuranre Par" Udiizaden—Prop", Insurance: 5.15. If OWNER finds it necessary to occupy or use a Portion or patu ms of the Work prior to Substantial cot CITY OFFORT 00WM MMMCATION5 (M 420M) 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 "It cammencc before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any charges in coverage necessitated thereto-. The insurers providing the property insurance shall cement 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 S'apervfsimr andSuperintendencc &l. wNTRACTOR shall suplervise inspect and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise as may he necessary to perform the Work in accordance with the Cnntmd Documents, CONTRACTOR shall be solely responsible for the mean&. methods, techniques, sequences and procedures of corvatuction, but C XNTRACTOR "I not he responsible fur the negligence of others in the design or specification of a specific means. method, technique, sequence or pxooedure of construction which is shown or indicated in and expressly required by the Contract Docmnents. CONTRACTOR shall be responsible to we 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 superinnwraienk who shalt not be replaced without written notice to OWNER. and ENGNEER kept under e+m•aordinary circumstances. The superintendent will be CONTRACTOR's reMsditn6ve 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, AlaterialsandEquiprrent.- 6.3. CONTRACTOR shall provide competent, suitably qualified pnsmmel to survey, }ay out and oonstntct the Work as required by the Contract Docurren9.s. CONTRACTOR shall at all times maintain good discnippline and order at the site. Except as otherwise required fxtr 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 Dawn ants, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work an Saturday, Sunday or any legal holiday with = OWNEWs written consent given after prior written notice to ENGINEER. QMRACTOR shall submit Moggg 12 ft Et ty� no less than 48 horror in advance of am Wok to lc Performed cn Saturday Sunday. Holidays or corrode the Regular Waking Hafts. III 6A Unless. otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, sight, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and i aiderai is necessary for the f tmidung, per6xmance, testing, start-up and completion of the Work. CONTOR must comply with Cites oumhasim restrictions A QMX of resolutions are aysatbk for review in the offices of the Ptrmhasin¢ and Risk hQamMent Division or the CitvCwxi sofli c. 6.4.2, Cement Restrictions. Citv of Fort Collins Resolutrom 91-121 requires that suodias aid oroduoers oo amain err products camera to certify that the oMent was rat made in mom i p;fhat bur. hararclgts �vaate as a,titel: 6.5. All materials and. equipment stall be of good. tprality and new, except as odtcrwisc provided in the Contract Documents. AD watrmitte_s and g specifically called for by the. Specifications shall ess�ly run to the benefit of OWNER. If required by ENGINEER, 6ONTRACTOR shall funnA satidfactay evidence (including reports of required testa) as to the kind and quality of materials and equipment All materials and equipment shall he applied, installed connected, crected, used,, cleaned and conditioned in accordance with irtstnicticns of the -applicable Supplier, mtcept as otherwise provided in the Contract Documents, �. 6.6. CONTRACTOR shall adhare to the progress schedule established in accords= with paragraph 2.9 as it may be adjusted from time to time as provided below: 6A 1. CONTRACTOR shall submit to ENGINIM for acceptance (to the extern indicated in paragraph2.9) proposed acqustrmetts in ft progress schedule that will not change the Contract Times (or Milestones). Such adjustmentswill conform generally to the progress schedule then in effect and .lay will comply with any provisions of the Gawrai Requirements applicable therein: 6.62. Proposed adjustments; in the progress schedule that will chop the C, wnct Times (or Milestomes) shall be submitted in accordance with die requirements of paragraph 12.1, Such adjustments may only be made by a CharV or Written Amendment in accordance with Article 12, V. Sabiiifrrterand "Or-Egmd"Items: 6.7.1. Whoraver an item of materital or equipment is agecifmd err dac ti1W in the Contract Docuoents by Using the name of a item cc the name of a �Siierp to establish�t functiondescription is intandrequired. Unless the specciilimticn or �aip EXMCOis%aMAL CONDIMOM 1916. 09"EftcO 12 w (3TYof Fo&Totimmrp oDmcxnoNsat'vazo ) contains or is followed by reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or maternal or equipment of other Suppliers may be accepted by ENGhNEER under the following circumstarwes: 6.7.1.1. 10r Equal If in ENGINv s sole discretion an "in of material or equipment proposed by CONTRACTOR is furnotiomlly equal to that named and suffutientiy similar so that no clew in relataf Work will be required, it may be considered by ENGiNEW as an "or< l" item, in Whig Casa 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 itans. 63.1.2. Substitute Items. if in ENGDMk'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 ttam. CONTRACTOR shall subunit sufliciet information as provided below to allow or equipment proposed isessentiallyequivalent to that tatted and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as aprp�ental in the General Requirements and as INEER may decide is appropriate miler the circumstances, Requests for review of propos©d substitute items of material or equipment will not be accepted by ENGTNEFR froan anyone other than CONTRACTOR If CONTRACTOR wishes to famish or use a substitute item of matenal or egaiptrmG CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the hinctions and "eve the results called for by dye general design; be similar in substance to that specified and be suited to the —' same use as that specified The application will star the extem, if any, to which the evaluation aril acceptance of the proposed substitute will prejudice CONTRACTOWs scluotment of Substantial Completion of time, whether or not aweptartce of the substitute fix use in the Walt willrequire a change in any of the Contract Documents (or in the pt provisions of any other dmea ounbaaet with OWNER for work on the _ Project} to adapt the design to the proposed substitute and whether or not teat or use of the substahrte in oonnecfiora th the Work is subject to paymct -of any license fee cs royalty. All vaniaticros of the p substitute from that specified will be ide1 ' m the application and available mairkamn cei repair and re placaitent service will be indicated The application will also contain an itemized estaaate of all casts or credits that will result directly or ititiiraxly from acceptance of such substhum including casts of redesign and claims of other contractors affected by the resulting change, all of which will be considered by E.NGTN ER in evaluating the praoppuiwd substitute. ENGLNEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. COt'47MCWR'sLxpenw: All data to be provided by CONTRACTOR in support of any prod "omerpual" or substitute item will be at CONTRACTOWs Bose. 6.7.2. Substitute Com irtrction Methods or Procedures: If aspecific means, method, techruque, cegtaatce or procedure of construction is shown or ir>dicated in and expreSdy required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, toclinique, sequence or procedure of construction acceptable to ENGIkEHR. CONTRACTOR shall submitsuhlicient acirmation to allow I?NGINHIiR, in ENGINEHR's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Comma Documents. The procedure for review by ENGINEER will be similar to that provided insuloagmph 67.1.2. 6,7.3. Engineers Evahmition: ENGINEER will he allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7,1.2 and 63,21 13 OINEER will be the sole judge of acceptability No occqqual" or substitute will he ordered, installed or until r without ENGINEER'a prior written accqft= which will be evidenced by either a Change Order or an approved Shop Drawmg. OWNER may require CONTRACTOR to furnish at CONTRACTORS expense a special performance guarantee or other surety with respect to any •orequal" or substitute. ENGINEER will record time required by ENGINEER and ENGLNEER'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 Comraet Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or rut ENGINEER accepts a substitute item so pr�posad or submitted by CONTRACTOR CONTRAC OR shall reimburse Oti4`NER for the charges of ENGINEER. and ENGINEER!s Consultants for evaduatiag each sucit proposed substitute item. Concerning Subco+bador>c, Suppliers and sets: 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 6.8.21 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 a lieroherpersotororganization to furnish or perm any of the Work against whore CONTRACTOR has reasonable objeeion. EJC DC OENis"RAL CONDITIONS 1910-3 (19iq Eatiw) wf OTY OF FORT COLLINS MODIFICATIONS(REVAXlnba) Wes' CONTRACTOR shall perform not less than 20 percentof the 41-grk with its reps reps ;lnal_is without syi rtiacti tea) The >(J rercent reauirement shall be understood to refer to the Work the value of which totals not IM than 20 ocreent of the Cgpiract Price. 681 If Ilia-Supplamentary- boats B'ddine Documents require the identity of certain Subcoraxactos, Suppliers or other persons or organizations (including those who ate to furnish the Principal items of materials or equipment) to be submitted to OWNER Orr advanot�€ t#re s ifteA Jae prior to thin Effective Date of the Agreement for acceptance by OWNER and I3NGINEEIL—�,a :i OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of LUNVU 1K%iC.. No acceptance oy QWNhX or ENGINEER of any such Subcotmctor, Supplier or other person or organization Mall constitute a waiver of any right of OWNER or ENOMER to reject defeanv Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTORS own acts and ornissions. Nothing in the Contract Documents shall create for the benefit of any such Subcormutnr, Supplier or otter person or organization any contructuail relationship between OWNER or ENGINEER and any such Subcontractor Supplier or other person or aaanirafRm, nor shall it create any obligation on the part of OWNER. or ENGINEER to pay or to we to the f anymoneys arty ssixii SubccantraGor,S supplier or other pessan or organiz9ntion except as may otherwise be required by Laws and Regulatiruxs. OWNER EW91gX furnish to any suticantracta supp err or other tiersoa a � evidence of amotuts ;d to CONTRACTOR in accordance with CONTRACTORS "AM cations for Paymmi"_ 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of 5ubwntractvm Suppliers and other persons and organization perfomug or furni-iiing any of the Work under a direct or indirect contact with CONTRACTOR: CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and cagonimtions performing or hanishing any of the Work to covmtrracate with the ENGINEER through CONTRACTOR 6.1a The divisions aril 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 perfumed by any specific trade. 6.1i. All Wale porfamed for CONTRACTOR by a Subcontractor cr Supplier will be pusuant to an to agreement between CONTRACTOR and the nor or Supplier which specifically binds the Subcontrad(r or Sulipher to the applicable tennis and conditions of the Contract Documents for the benefit of Patent Fees and Rahnkies: 6,12. CONTRACTOR shall pay all homse fees and royalties and assume all costs irutidem: to the use in the performance of the Work or the imaporation 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, pcocass, product or device is specified in the Contract Documents for use in the performance of the Work and if to the achml knowledge of OWNER or ENGINEER its use is subject to patent rtigFds or copyrights arlfttg for the payment of any lamnse fee or royalty to others, the acisience of such rights shall be disclosed by OWNER in the Cmtmd Documents. To the Meat -extort permitted by Laws and Regulations, CONTRACTOR shall and hold harmless OWNER, ENGINEER, EAIr GINEM's Cmsulta is and the officers, directurs, employees, qao and other consultants of each and any of them first and against all claims, cars, fosse and damages arising cut ter' or resulting from any issfritrgemat of paters or incident to the teem the performance of the Work resulting from the faorpara I in the Wak of any invention. design, primes product or device no speeified in the Coact eats: EKDCaMQRAL C0M'n0M 19104 (1990 Edtiog) 14 W CITYOFFORT 001:11MMODI CAMOM OLEV4i20oa) Pamirs: 6.13. Unless otherwise provided in the Supplementsry Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CCINTRAC'rOR, when necessary; in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and m ection fees necessary for the prosecution of the Work, which am applicable at the tine of opelwil; of Bids, or, if there are no Bids, an the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owns far connections to the Wain and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fw LawsandRegnimions. 6,14.1. CONTRACTOR shall ia all notices and 1ply with all Laws and Rations applirable to urnisldthg and paformarce inf the Work. Except where otherwise expressly required byyaappiicable Laws and Regulations, neither O EERR tan ENGINEER shall be responsible for monitoring CONTRAC',TOWs conphame with any Laws or Regulations. 6,141 If CONTRACTOR performs any Work knower or ba ' vow to know that it is ocirt ary to Laws or Re�stiona, CONTRACTOR shall bear all claims, costs, lasses and cleavages caused by, arising out of orread w''ntgg dharcfram; however, it shall trot be CCNTRACTOR sty revorhsibtity to make certain that the ticahs and UMwMW arc in accordance with laws and Regulations, but this shell not relieve CONTRACTOR of COONTRACTOWs obligations under paragraph 3.3.2. ke= 6,15. CONTRACTOR shall pay all sales, consumer, use anti outer similar taxes rtquired to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Ptoject which are spplicable during the perfcrmathce of the Weak 6.15.1. OWNER is exempt Therm -Colorado State and local sales W'X use taxri on rnatetials fo be anen the amiect. Said tastes chap not be inchtd A in fie Contract ic . 1375 Sherman Street Dernrna Col�sdo�_8E�2F1 Sales and Use Taxes for the State of Colorado Regional T€amuujlltltm Di%dct &JD) and certain Catrado counties are collected bg the State of Colnrsdo_arxi_are, rJcluded_ prp_t}re 9,CT cati of Exemr! ot. All 'awlirabla Stiles and Coe Ta ten _yLdir State collected taxes}. on any items other than construction mpd build�tyt maknWs ph,}siclifly incoWrated into the "ect are to be 'd by f;C3NTRACT'OR and era to laded 'in M2M99LIakbid items. the of Premises• 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the opv t of workers to the site and land and areas identified inn and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and casements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall asswnc fall 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 .%We with such other party by negotiation or otherwise resolve the claim by arbitration or other d, to resolution atl, proceeding or at law. CONTRACTOR shto the fullest intent permitted by Laws and Regumtiam, indemnify and hold hamrlass OWNER, ENGINEER, ENGINEERS Consultant, and anyone directly or indirectly employed by any of them fiom and against all claims, casts, losses and damages arising out of or resulting lien any claim or action, legal or equitable, brought by any Stadt owner or occupant against OWNER. ENIGINIiER or any other party indemnified hereunder to the extent caused by or lased upon CONfRACTCR's perfom inaw of Work 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris reatlting 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 rod& 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 Wok CONTRACTOR shall restorc to original condition all property not designated fur alteration by the Contract Dowmrnts. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will etdatger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent prop" to stresses or pressures that will endanger it. E)MCGENERAL CONDITIONS 191" (0" Edition) WI CITY of FORT C OILI t3 MODMCATIONS (REV 4,2000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all DrswinlM Specifications, Addenda, Written Amendments. Change Orders, ]Mork Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.) in good order and annotated to show all changes made during constructions. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to E"NGMER for reference. upon completion of the Work, and txior to release of firm] Dayment, these record documcrrts Samples and Shop Drawmgs will be delivered to ENGI'NMR for Ol%NPA, Saferp andProrecdo": 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supenissing all safety precautions and programs in connection with the Work. MNTRAC'rOR shall take all necessary precautions for the safety o£ and shall provide the necessary protection to prevent damage injury or lass to- 6.20.1, all persons w the Work site or who may be affected by the Work; 6.20. all the Work and materials amp 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, stuotures, utilities and Underpraund 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 lass, and shall erect and maintain all necessary safeguards for such safery and protection. CONTRACTOR shall notify owners of adjaeern property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the pratectim, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in pamgcaphs 6.20:2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier of any other person or organintion directly a indirectly employed by any of than to perform or f unish any of the Wok or anyone for whose acts tinyy of dnenm may be liable, shall be remedied by C`.ONTRACTOR {e3tocp t danmagc or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGMERs Consultant or anyone employed by any of them or anyone for whose acts any of thin may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence be CONTRACTOR or any Subcontractor Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties rind responsibilities for the safety and protection of the Wait "If continue until such time as all the Work is completed and MgGTNE"ER pas issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise Fgoessly provided in connection with Substantial Completion). 6.21. Safe Reprewnutdve: CONTRACTOR shall designate a qualified and everiaxxd safety miereserdative at the site whose duties and responsibilities shall be the prevemion of accidents and the maintaining and supervising of safety precautions and p'a Hazard Comou icatr'oo frogman: 6.22, CONTRACTOR stall be respmaible for word mining any owlange of material safety data sheets or other hamrd communication information required to be made available to or exchanged between or among employers at than site in accordance with laws or Regukttnarrs. 623. In emergencies ai%eting the safety or protection of persorts or the Work or property at the site or adjacent thereon, CONTRACTOR, without spacial instruction or authorization from OWNER orENGINEER, is obiigatad to set to prevent threaoated donmir, injury or loss. CONTRACTOR shall give ENGINEER prompt written nioram if CONTRACTOR believes that any significant changes in the Work or varietrom from the Contract Document; have been caused thereby. If ENGINEER deermince; that a change in the Contract Documents is requited beeamseoftheaeaiat taken by CONTRACTOR in response to such on emergency, a Work Change Directive or Change Order will issind to document the consogiwicac of etch action 6.24. Strop Drawisgs zed Saatplda: 6.24.1. CONTRACTOR shall submit Shop Drawmi p t ENGINEER for review and al ion accordance with the accepted schodulc of Drawings and Sample suhnittsh (see paragraph 2.9). Ali submittals will be idem6ad as ENGINEER may tagttve and in the amber of copies specified rn the General :Requirements. The" spwwn.on the Shop DmwM' will be complete with respect to quantities dialer tons cified performmnce and gtt caaecia, m�ials enri similar data to show ENdO1NEER the materials and equipment CONTRACTOR proposes to prownde and to amble ENGINEER to review the mfarmadmi for the limited purposes required by paragraph 6.26. 6.242: CONTRACTOR "I also submit Samples to ENGINEER for review and approval in socardamee with surd accepted adlia"a of Shop Drawings and Semple saibrastak. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog manben and the use for which intended and otherwise as MIGINEER may require to enable ENGINEER to review the submittal for the limited EXDC064RAL 001M RTONa 191" (19" Bdtlim) 16 WCITY -OFFORT a)LUM MOOIRCATIONa tttl;V412000} purposes required by paragmph6.26. The numbers of each Sample the submitted will be as specified in the Specifications. US SabmiAWRrocddnrds: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and ver 6.25.1.1. all field measurements, quantities, dimensions, specifW pafanmance criteria, installation requirements, materials, catalog mumbers and smrilor information with respect thereto, 6.25.12. all materials with respect to intended use, fabrication, shippppiing handling. storage, assembly anditndaflation pertaining to the performance of the Work:, and 6.25.1.3. all information relative to CONT'RACTTOR's sole reWonsibilities in respect of mean-, methods, techniques sequences and paocedutes of construction and *a* precautions andprogramsincident th Brew. CONTRACTOR shall also have reviewed and ooadinated each Shop Drawing or Sample with sober Shop Drawings and Samples and with the requirements of the Work and the Contract Documeras 6:25 ?.. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTORS obligations under the Cora w Documents with respect to CO:NTRACTORs review and approval of that submittal 6.25.3. At the time of each sub missiom 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 Contact Documents. such notice to be in written communication separate fran the submittal; and, in aiddifim shall cause a specific notation to be made on each Slop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6,26. ENGINEER will review and approve Shop IAvwirga and Samples in accordance with the schedule of Shop Drawings and Sample snbtruttals accepted by ENGINEER as required by paragraph 29. ENGINEER'S review and approval will be only to determine if the items covered by the submittals will, alter installation or incorporation in the Work, confama to the mfamahah given in the i oraad Documents anal be compatible with the design concept of the completedproject as a f uied tag whole as iadicMad by the Contract Dooumesns ENGI EIM-s review and approval win tot coand to meatus, methods, terlaurpat, sows aces 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 area approval of a separate item as such will not indicate approval of the assemlih, 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 5h,p Drawings or Samples shall not relieve CONTRACTO from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called hNGfx1L:R's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has giver written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Slop Drawing or Sample approval: nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph b 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 ENGINEU as required by paragraph 2.9. any related Work performed poor to ENGINEER's review and approval of the Irani nent sir mal will be at the sole expense and responsibility of CONTRACTOR Carirnningthe Work. 6.29. CONTRACTOR shall can 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 snit CONTRACTOR may otherwise agree in writing. 6.30. CONTRA('TOR`s Ge nered Warranty and Qarusntec 6.30.1. CONTRACTOR warrants and guarantees to OWNER, INGIMEER. and ENGINEERS Consultants that all Work will be in accordance with the Contract Documents and will not be defeclfve. CONTRAC TOR's warranty and guarantee hereunder excludes defects or damage caused by. 630.1.1. abuse, modification or improper maintenance or operation by persons ether than CONTRACTOR, Subcontractors or Suppliers: or 6.30.1.2. normal wear and tear under normal usage, 6.3U. CONT TOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will cwatitute an acceptance of Work that is not in E1CGC0MA*AL COND OMlvtoa(1"0:Fdajw) w7CITY OFFOnT C7JLLIM trH DMICATIONSOLEV 4X20M) accordance with the Contract Documents a a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. 630.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGIR; 6.30.2.3, the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.24. use or occupancy of the Work or any part thereof by OWNER; 630,23. any acceptance by OWNER or any failure to do so: 6,30.16. any review and approval of a Shop Drawing orSample 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 akfsctive Wark by OWNER, ladanaifrcakan'. 6.31. To the fullest extern permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, E NGINEER'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 ergmoer% architects, attorneys and other professionals and all court or arbitration or other dispute resolution coots) caused by, an:g out of or resulting from the performance of the Work, provided that any such claim, cost, lees or damage: (i) is attributable to bodily injury. sickness, disease or death, or to injury to or destruction of iatigible proferty (alter than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in pert by any negligent act or omission of CONTRACTOR, any Subcontractor: any Supplier. any pe sort or organization directly or indirectly employed by any of them to perform or furnish airy of tlse Work or anyone for who w acts any of than may be liable, regardless of whether or not caused in part any negligence or omission of a person or entity index antfeed hereunder or whether liability is unposed 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, otiloeM directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Sappho. any person or orgaraation 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 olhtigatiar under parugcapli6.31ll not be limited in any way by any limitation on the amount or type of damages, o mpersatio or benefits payable by or for CONTRACTOR or anv Such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit ads or other employee benefit acts. 6.33. The indernnifieatio oblinimum of CONTRACTOR under patagraph631 sltall not extend to the liability of ENGINEER and ENGINEER's Consultants, offioets, directors, employees or agents caused by the professional negligence, errors or omissions of any of than. Swnivai of Obbs4dixe 6,34. All representatiotu indemnifications, warranties and guarantees; made in, required by or given in accordance with the Coltrad Documents, as well as all cotinummgg obligations' uxlkcated in the Contract Documents, wi11 survive final payment, completion and acceptance of the Work and termination or completion of the Agreement; ARTICLE 7--OT1TM WORK ReloW Wei* at Sire. 7.1. OWNER may perform other work related to the project at the site by OUNER•s own farm, or lot other direst contracts therefor which shall contain Gennal Conditions similar to those, or have other work performed by utflity owners, If the faa that such other work is to be perfamid was not noted in the Contract Documents, then: (pi written notor to ssftr tthhefereof will ento such d wRACT ork and (u) CONTRACfOP may make a claim tfierefor as provided to Andres 11 and 12 ff C ONTRACrOR believes that Such performance will involve additicrial expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or eixcent thereof 7.2 CONTRACTOR Shall of krd each other corbactor who is a party to sucha direct contract and each utility owner (and OWA1 . if OWNER is performing the addkional work with O� IMVs employees) proper and safe access to the site arid a reasonable for the introduction and storage of materialsequipment and the execution of such other work and shall ly comoact and coordinate the Work with theirs. � oth rwise provided in the Contract Docrmieris. CONTRACTOR Shall do all cuttm& Rug and patching of the Work that may be required to maloe its several parts came together p and �it�are with such other work. CO��CTOR shall hat endardger env worn; of otters by cutting, olavating or odxewise Sluing their work and The duties and a ibilpies of CONTRACTOR under thhis paragraph ia�e ku Ux bawfit of such utility owners and other contractors to one eaent that there are comparable Ea'DCaRGRAL COb7NMOM 1910.8 OM ESliva) is wf CITY OFFOtiT OOLUM MCDMCATrOM OtEV412000) provisions for the benefit of Cf NT&ACTOR in said direct canttscts between OWNER and such Whey owners and other contractors 7.3. If tic proper ow ution or results of any part of CONTRACTORS Work upon work periarmed by others under this Article 7, CONTTRACTOR shall such other work and poly r to NEER in writing any delays, i� dot ciencies in such other work that render it unavailable or musutalte for the proper execution and results of CONTRACTORs Work. CONTRACTOR's f dluire so to report will omiamme an acceptance of such other work as fit and proper for integration with CONTRACTORS Work except for latent or nonapparasn defects and deficiencies in such other work. CoaraFaadow 7.4 1f OWNER contracts with others for the performarue of other work on the project at the site, the following will beset forth in Supplementary Conditions: T4.1, the person, firm or corporation who will have authority and bility for coordination of the activities amang�various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and resportsibffity will be itemized; and 7.4.3, the extent of such authority and responsibilities will be providedt Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority end responsibility in respect of such coordination. r • • ✓vy• s yt; t r &L Except as otherwise provided in these Oeneml Conditions OWNER shall issue all communications to CONTRACTOR. t}roughENGINEM 8z in mote of termination of the employment ENGTNEER, OWNER Ball wilem eppxiira an agaaat whose Stems under the Contrail Documents shall be that Of the former 040114EER. 83. OWNER shall f lrnish the data required of OWNER under the Contract Dotumats (aptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. SA OWMWs duties in respect of providing lends will easements and providing r v to establish reference points are sot fault in 4.1 and 4.4. pnragroph4.2 refers to O 's tdartli6ri% and making available to CONTRACTOR copies of reports of explorations mid Legs of subs rfsa conditions at the Ste and drawings of physical corlditicns in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. Raw fiFe set Earth-in-�ta�aphs-�.5 tlitaltgM $-1N 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8-7- OWNERS responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13A. 8.8. 1n connection with OWAIRR's right tostop Work or suspend Work see Paragrapf 13.10 and 15.1. Paragraph 15.2 riegk wiUt 04irNER's right to terminate services of CONTRACTOR under certain circrunstances. 8.9. The OkVN'ER shell no supervise, direct or have control or authority over, nor be responsible far, CONTRACTOWs means, methods, techniques, sequences or prcxvdur" 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 MNTRACTOR's failure to perform or furnish the Work in accordance with the CorttiaotDocuments SIR ARTICLE 9—ENGINEER'S STATUS DURING OWNER's Represmiladve. 9.1. ENGINEER will be OWN3ER's representative during the construction period: The ditties and responsibilities and the limitations of authority of ENGINEER. as OWNER's representative during construction are set forth m the Contract Documents and shall not be extentped without written consent of OWNER and ENGINEER. Ynaiis to Site: 9.2. ENGINEER will make visits to the site at irhtervals ac�piate to the various stages of construction as ENGINEk t deans necessary in order to observe as an experienced and qualified design professional the progress EXI)C M40LAL CONiMMM 1910.9 f1B9m 1 &cm w(aTYOF.FORTCOId MMMMCAT1ONSOtE"V4ttaaa) 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, ENOINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents FNGINEBR will not be required to make wdmostive or continuous on - site inspection; to check the quality or quantity of the Work. ETvOLNTER'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 ENGIiN`EER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGI'EER's on -site visits or observations of COINITRACTOR's Work - ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOWs means, methods, techniques, %qucnm or procedures of construction, or the safety �secautirms 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 Rvmenwive: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resides Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereat of any such Resident Project Representative and mistants will be as provided in paragraphs 9;3and 9.13 09, C'endittesa c these General Conditions. if OWNER ties another representative or agent to represent O et the site who is not a miNESR's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in 93 i T Rexresaraativo's t; in matters pertitunr W the lm site wok wil-LinRereral l�,wiih the ENGINEER and CONT T0R. But - RE resentetive will keep the OWNER oMJy advised stout such matters. Thek EicseaitsttVe'S golm with aibcattractors will only be thrcrWh or with the .fu�wlelae_mid_pvorovaa the �otsrxn.S;fOR 9-12-1.Schedities - Review the pE IE schedule and other schedules mcoared by the Mg --ACTOR and consult _ with - the G bility. 9.3.2.2. Conf+ermM and jv{- Attend ptee{� with the CQNT T (`TO such as Qrecamatruct?oa t> Stl _FCB�ss_peet>r and other tob conferences and oeoare and cite *-tso1m]D IAA? 9.3.13.Liaison 9.3.2.31. Serve as JENGMEWS haism with CONTRACTOR: wotkim: mincioaU through P NTRACTOR S s MgMpeident to assist the IX3Nf'RACTOR m ut n¢ the'Cowract Documents. As" jn&a from OWNS additatpazmatio_whnn reuuk4 for pry moMion ofthe Work '?.3,2:3 3. AdY. ue the HUMBERan- WNTRACTOR of the commencement of an-y_Ws�_r.�r>t�_a. Shcr�lhnwing, twatMPMv_.,,ac theENGI?173E Wok, I>�.mts end Test.4 _ it -I xn WV 1 2!i x w C e,vu ci Gc or a esof these tntgfi= and a= to the ha ,� YCr w„�X311j�(, feD. TB�IILS ENGINEER 9.3.2.5: of Conrad Docurna g when cla -ftcations and ' of Contract and Docume{� at+e ttatmnit to oa�f}�ROTE s� TECopnntract Ik rmenta as issued by the 9.3:2:6: Modiftrstians. Consider and evaluate CONTRACTORS stiggestions for ErCDCOENE ALC3NUMOM191P8(19"E&on) 20 WICt CYOFFORTODI"MMMMCAT1ONSOthV4t2OW) modiflcation in Specifications and nit, Ulese recottemer ahons to EAQRT R RA OR decisions>�u ENGINEER. Ott �jat.__:t�t3 it+ectinnporetertofimnsartsn n»i�esesofthe Work. i �ILVfy4`s. �. n t ry° - • • .�• .. _ s•