HomeMy WebLinkAboutBID - 5932 MASON STREET HARMONY ROAD SPRING CREEK BIKE P (2)SPECIFICATIONS AND CONTRACT DOCUMENTS
for
Mason Street/Harmony Road/Spring Creek
Bike/Pedestrian Trail
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)
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
sium finally citteriumod to be due, Dien CON -TRACTOR
mav, upon seven days written notice to OW-Mdi and
1 N(ANEFR, and provided OWNMF or 1.:\:GENELIZ do not
remedy such stwriensicm or failure within that time,
tertrimrte, the AWeerneja and recover from QLV\-ER
lxaymtent on the same terms as provided in paragraph 1:; g_
In lieu of terminating the rlgreotnent and without prejudice
III .tny- other right or remedy, if i'tiC'rPNLE'R has, failed to,
acl on an :application him Pavanent walla thirty dogs a[I r it
is submitted, or 0'IV tER has failed for fhaty dare to pay
C O I RACTOR any sum Gfually determined to he due,
CONTRACTOR may upon seven days' written notice to
trio Il,R and stop the Workuntil payment of
all such amounts due CONTRACT(JR, including mtc"tesi
thereon, rho provimons of this 1>arugraph 155 are not
Intended to preclude CO l RACTOT{ from making claim
urulcrArticics I I and I'_ for tin increase in Contract fries
or Contract "limos or otherwise timr exrlxxnsec or damage
tLrttaly attribuutble to COST iZACl'Q1Z's stopping Workus
pxrmiued by this 1xlragraph.
1R flCI F: t6-1)ISP( TE RFNOI.tA ION
If and to the extent that MNLK mid CON -MAC 1OV
have agreed on the methodturd procedure for resolvinvi.
di.sputea txnveen then that may at ise. under this
Agvr cnttnc, each dispute resolution matlxuf and pro ccthue,
if anv, shnll he asset forth in 6xhtbrtC;GA. "Dispute
Resoiution ,km anon°, to he attached hereto and matte a
parr hereof. Tf no °Inch zru_recment on the nmethod and
firocedure for rest-lvink such disputes has been reached,.
and auhject to the faovistorxs of tNuagraphs9.10. 2.1 I and
c, I t itk'.,:ER and CONTIZAC'T01Z mayexcrciu such
rlylas or romcahes at, either may otteRVIse hAI-e undts the
Contract Documents or by I aws or Regidaticnms in cx;lxa
or coma= dispute
ARTICLE 17-AI)SWELIANEOUS
("Ming oInee
17_I Ahenever urn° provision of the Contract
iWoments Iequues the giving of Iantten notice, it will le
drr ned to Iurt t boot vshdly bavet) If dettvered an pert, m to
the atdiridual or to It memb=r of the first, or it) an officer e)f
the c Grp lancer) for whores it Ins irnended. oe II' delst ;I ett at )I
.nr ht revi.u,rod or certified meth, p wrage Iaepaid, to the
last business; address knot n to the giver of the notice.
17.2. Conipxttaivir of Tine.,
i?.2.1. kVIlen any perb:xt of time 1X reterret! to in the
Cent act li(e;.uments Iy da) x it wdl be Computed la
<Xclude the first and include the Iktst dnt III' stwh
j,ci w 1. 11' the last day of any Zuch Ivriod fails on a
xuldav or tiundary or on a day made a lz.eai hohdriv
by the la rt of the st;-pti,:"MC itrri tfio cit syxh d3v will
rm €trained from the e,mputotion.
17 2 2 A calendar day of twenty -femur hours mcauucd
from midnight to the next midnight will constitute it
clay
.Notice of Claim:
173 tihtxrld (Jlt.NM or <"ONI RAC,VOR %ifiir injury
or damage to person or property bectrute of atnv error,
omisxcnt to act of the outer party orof any, of the other
twrrtY emplop'ees or agerrts or others fox whose acts the
other trty is legally liable, claim will be muck in writing
to the aher Ixrrty within sl reasonable time of the firm
obaervanc:e of suclm injury or damage. The provisions of
this paragraph 17.3 shall not lee oonstrued as n eubstiurte
for or a waiver of the provisions of any applicable statute
Inf limitations or rrpos.C'rtmutatr'wet2e+nertiea.-
PA. The dude:; and obli;a[ivlls impowd by thteit
a;eneral Conditions ns and the rights and remedies available
herttuuler to are tvrtics hereto, and,, in particular but
without limitation. the warranties., guarantees and
obligations imIx"d upon CON I' KAC I Ok by
paragraphs n 12, 6 16, (1 31), 6 31, 632, 1.; 1, 1 + 1'. I l4.
14 3 nxl I5.2 and :dl Of the rights and remedies available
to OWN'ER aml 1-1,4(iINTFRlheicunder_ aie in addition
to_ and are, not to ix constnted in any wav as a h innafion
(If, any rights and remedies available to any or all of them
Much am odwricise imposed or avadalik by Laws or
kcguiallons tv; s1lIcial wstnmmty or auavanwc or Iry cxhes
provict,'ni, of ttw t'auract 15oc�ments, and the provisions
01 this pyarag'aph will be as effective as if rebated
,.lx;A Ic0ly in the i",Aitmer Cttxuments ill connection n'ith
ea:h p irllsular duty, obligation- rightand remedy to which
they apple.
Profe+mints! Fees and Court ('mtx Included
17.5. l`thenetrer reference is made 10 charms, costs-
k os mat drunagcs . It shall incluok in eadl case, but nor
Ix bmaccl vc% all lee=s [silo ctxir oIs ,mrehitects.
Ittorrc.ts and other prtrfesYitvrala- and all Mist Or
wbitr4woterotherdepItsrec lunonccs;ti
1 i.(r. fie lags of tie 51aIe of Colui,fdo apply. to this
'1orSrYm eat Relereme to two lxrtinent C tl"radlr staiuteg
art as t:Ilho>c s
1711 Colviado kettscd 'statutes i;c'1t5. E-17-J01)
extent i>f not
Is a Mena tide rusulera of the State of Colorado at the
lone o: crnpIvyMIcnt, w ithOut dewrintination at, to nice.
I"c , tl it dawn Is Iikd. ")AN ,I}R is Icyrurod In
It r t'k5 'x�-'t-t n7 s tr Is ithhold from all lxrymgnt; to
>uffiyicm furids to unsure _ the
Ixrymrnt rl all claims 1yr lahor marerrik, tens lyre.,
sy tonanoe, pv':4 taiga.,. t o ender, err e[ic, .,ut>phcs
11,4211 or c_n.anted h%, or hr
IA P�"1iVI o %JA',t As$')I SSI61t'Ao 33
u tII Y -:?PIORI S" IlI IvN\10IM ICATh`-s fit k'1.21IN 11
IkU [if R ki, C, I l.""S 11) 1 - -8 Im,c �
41 1 i -I AN.S \I A'lk,,,fi,R IV I I ?
i I'l s yore left lsi<ink snwntionilly )
7 3c'I rC GF'.#iN LI Ct. ^ai'tl' �"�S ? `> t �?-$ 0 •ty r t i,�ti�xii
n:(1ry)F I(R I "OH C7WNIOtiI1 CA 1-b hS!KkF ?[3[x17
36 u 01Y t11 V, 1R I i u1.iJv54t(4AH, "MoNS I R IA
EXHIBIT CC -A to General Conditions
of the Construction Contract Between
OWNER anti CONTRACTOR
OfSF(tTE RA:.SA)L[ TTOZ AUREL:tIENT
OWNER and C'ONJFI i'I'OR herebn agree that
Article In of the C,encral Conditiors of the Construotiorn
C ntrtaet between C)tt M;k and M%'MACTOR is
anettded to include the fellow mg agreement of tit mt-ties.
10 All claimsdiTutces and other matters in
auc�tioa between rtWNFR and COs 1'R-AclOR ansing
our Of or relattngro the t'ora aot I?ne,urncnrs or the brz.+rh
thereof (cxoept for claim, which have been waived by the
making or accertanea of tinal payment ns provided by
paragraph 14 1 s) will he decided be arbitration in
nceordme with the Construction IndGstn° Arbitration
Rules of the Amcrican Arbitration Asscciationthen
obtaining. subleci to the Imulrttiats of the Article 16, 1 his
nsrcanent so to arbitrate andany other agreement or
consent to arbitrate enteted into in accordance herewith its
provided in this -niche t6 will be s1voft.alln enftarc.:.ab1e
unckr the preuaha g haw of ang coup heaving jurisdiction
i h.2 No demand for arbitration e f anti, daim dispute
ur other matter that i°, yeiluned To be roleved To
1 NCTN1,ER ttullalh kit tuci,ion in accordotwe with
Ik3r:sgnrph 9 11 iAl 4e made until tltc catlicr of isi3 the elate
on which [iWI' H 1, Isis rendered a written dockiran or
raj the a'tirty fast Jak, al'ttitthe p.artics have przu:nted their
evidence to hNNOINFER it a written deomon his not iven
retidooa by t N(el', F Ek lietore. that d,te ado ok hand Tor
obaration of any saeh chum, duput,- or other matter will
IV made later than, thirty days after the date oil which
F\u13 6EIs ha, mitered n wnuen dwir;ion tit re peat
Thereof in xcvtdcwicv with t>aragrapb 0 1 L ancf thv, lailuie
to demand aibitration %iithin said th rtv days` fxriod will
result in T tit I:IR's decvaon being final and biidm-e
utxn o AVV k and 0 )", I H A( 'I OR It [ yi,6IN kR
renders a decision after mbtrati.n proceedings have becn
mitraed, such oEeckion inn% he emceed as evidence but it Al
not Sl4 rsede the orbuiatnan ptoceetling, esu pt where the
de;:uaon istae+ eptabfy. to> the i�srtie� ennceuttxl 'tit dcritavn d
:hr arbhraCit�n of anv eaten ek.etsk,n al' I *.til'�.FiIiR
ternklcd ru Ili li7 +trill ha made
latter ihan ten di ', after the partyI making akin drtn<trtd lia_>
.hhveted vta'itten mo" of intentron is at1w,11 as proi,l&d
in Exanrgraph 9.1,1.
I,0 AAl,c it tide demand D,r whitnatton"01 tit
fila,l in writing with the other part}, to the Aalvemant .and
'60 the Arner:c€na Arhnration Ass'Miaioo, quid:a ctap� a-ll
IV writ 10 F. y:AX)1k for information. 'the denand for
Xbiireitiou 611 be. €iiiid%: vvitliin the lhate-dav cn toil-elaat
period wpvcihrd in bannerol+h If•.' ors ipplluahh^,-tend in all
other t34e^S V ithm a ri:iisonible lime aftcr the claim, diblitac
or other maser in question has arisen, mid in no et ent shall
any SUCIA ctarsand Ix made otter the date when institution of
ceai or cgwta ale proeccdjitts hax.d n vet$ vlaUM d.+ptate
or other matter ni qu,�-lion would iv burred he the
applicable ,uatutc of hnulauens.
I /[7nr't�i<iv:Ru r z,.atal'CIn,A�IGtU.S ir'�"ihntinarr
u t911'tll'r: ,kt 'Ht.LI7i51(ttNt[C'el tt ,43 n2};`')49,
164 Exctpt as provided in paragraph 165 lxlow,
rah arbinalkin arising out of or relatin to the Contract
Dtxu vents shall inchuir by consolidation. joinder or Ill am
other manner am other person of entity (including
ii GINEEK RNGNTiERi Consultant and the officers,
directors. agents, employees or consultants of any tat them*)
who is not it putty to this contract wiless:
16_4,1. the inclusion of such other 1xrwn or entity is
necessary if complete relief is to be all`urded amung
thru who ere already names to the arbitration, and
16, 4.2. such other person or erftty is anhstantialiq
involved in question of lava or fact which is cvnmton
to thow who ere already rxtrties to the arbitration and
which will arise in such proceedings and
1 ri 4 ?. the written cori.sent, of the other jvrson or
entity sought to be included and of OWNER and
t"OA I kAt-foh, has been ohtainui for -Air1i inclusion,
which cunwra shall make spccihc reference to this
tnraagraply, but etc such eoa�ent shell constittne conscmt
to arbitration of any dgxite not specifically dev"cribed
in such consent r3 to arbitration with any lrar+y not
specihcallY idrnufred in such consent_
I65 Notwithstanding paragraph to.4, if a claim,
dispute or rather manor tit question between OXIiN :R and
t,6\TRAC;'10R involves die Work of it Subcontrecu,r,
either o"NFk or CONTI<ACIOR map jam such
Sulicc*ntmoor as a Nily to the arbitration between 01.0. k€t
anal CONMM-roR hereunder, CON IKAc'F()k shall
include in all ,ulvonrracts required by paitigniph ; I I a
sp,tiel is provision whercbv the Subcontractor consents; to
heiig Joined in an arbitration 1vtwean OWNER and
r'();v rR-Ac TOR in%olviig the Work of suvh
Stibeornaator. Nothing to this Iraiagrnpit le y not In the
proviutm of such subcontract corisentmg to joinck't- shall
create any claim, nght of cuvse „f action in favor of
Subcorn iwilor and again ()A`iQ:R, L, tnl' EIT or
Ii�CVS .I,Lt`c s�'ansuhasitatirtt dtxs mri othrrwi�r ��ist
lo, o flat aw,ad tendered by The arbvwlovh wall he
final, judgment mary list entered upon it in are- court havino
µnrtichctron thetexf, and it mitt not le strhiyct to
nxxlitfcatirn or ;gpial.
li, 7 Oti'NFR and ('ON 1 RAC I OR ilpee that thev
shall first submit any and ail unsAded ciaima
countetclaons, dr:pue,, avid oilier nia€fees it question
Ixhaeen then arising out of or robitim-, to the Contact
Document, of the breacft thervol ! "disputc,'i. to nciwilon
by the Amcricen _arbitration -iasoxietion under line
rkaastruction Industn Mediation Rules of the .Americana
trbirratcor,'vvsociation prior to either of them trimating
against the other it denand for arbilrnion pttraranl to
f-ara,.iphs 16_1 through too, unless deny in minahng
arbitration would incvocabty prejudice one of the Imitic'Y.
"flee respective that}- and ion dm time hurls w-arin which
To fit,,, » demand Ibr whiiration as provided in ]XITWraples
16.= and lo,3 above shall be suspended with reshot to ti
Al. -i ne �ulsmined to nedian. n Iv chin tlwi e same
applicable time limi€s and shall remand SUSINuded until ten
dav, niter the ?erminintion of taw me:_ivtui n. the vneditet;u
of`aml dispute sulrmttcd to mediation under this Aiircmncrat
shall 11 t Cry e+as a[hi[ntrt+r of such dspu4 unlcSs €ahenvEtie
;rereed,
EACIWOFNERAI, C(,N13 I R INS I �l It 8 919",)Fl6I i,nl)
w, ITY Of [',)k T Col.IANS %IQDIFGATI,IiU V $,9 I
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
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
00950 Contract Change Order
00960Application for Payment
9/99
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
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST
TOTAL APPROVED CHANGE ORDER
TOTAL PENDING CHANGE ORDER
TOTAL THIS CHANGE ORDER
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST
(Assuming all change orders approved
ACCEPTED BY:
Contractor's Representative
ACCEPTED BY:
Project Manager
REVIEWED BY:
Title:
APPROVED BY:
Title:
APPROVED BY:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
$ .00
0.00
0.00
0.00
$ 0.00
DATE:
DATE:
DATE:
DATE:
DATE:
9/99 Section 00950 Page 1
NUMBER
1
2
3
OWNER: City of Fort Collins
ENGINEER:
CHANGE ORDERS
DATE
Net Change by Change Order
AMOUNT
$0.00
APPLICATION FOR PAYMENT PAGE 1 OF 4
PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
Application is made for Payment as shown below in connection with Contract
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:
ICERTIFICATION:
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.
I Date:
By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
I 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.
n /nn, /,
""''" Section 00960 Page 1
$0.00
$0.00
$0.00
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
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$0.00
$0.00
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$0.00
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$0.00
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$0.00
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$0.00
$0.00
$0.00
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$0.00
$0.00
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$0.00
$0,00
$0.00
$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
MOO
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
MOO
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS CHANGE ORDERS
$0.00
$0.00
$0.00
$0.00
$0.00
PROJECT TOTALS
$0.00
$0.00
$0.00
$0.00
$0.00
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 4 OF 4
On Hand
This
Application
$0.00
$0.00
$0.00
$0.00
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$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$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 Fart 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
Index Pages
Pages
NoticeTo Bidders-----------------------------------------------------------------------------------------------------
1
Commencement and Completion of Work----------------------------------------------------------------------
2
Revision of Section 100 - General Provisions-----------------------------------------------------------------
3
Revision of Section 101 - Definition of Terms-----------------------------------------------------------------
4
Revision of Section 102 - Project Plans and Other Data----------------------------------------------------
5
Revision of Section 104 - Scope of Work-----------------------------------------------------------------------
6
Revision of Section 105 - Control of Work ---------------------------------------------------------------------
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 -------------------------------------------------------
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 ------------------------------------------------------------------------------------- 64
Utilities--------------------------------------------------------------------------------------------------------66
ForceAccount Items------------------------------------------------------------------------------------------------68
Railroad Requirements-BNSF------------------------------------------------------------------------------------69
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
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 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.
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 STREETIHARMONY ROADISPRING 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:
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.
Ce
-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
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.
II
-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.
L-1
-4-
REVISION OF SECTION 104
SCOPE OF WORK
D. Easements:
1. 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
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:
1. 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 25-13, 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:
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
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.
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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:
1. 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.
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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.
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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.
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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:
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.
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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.
iii. Name and address of similar projects on which
product was used, date of installation, and field
performance data.
3) For construction methods:
i. 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.
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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).
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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
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
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REVISION OF SECTION 106
CONTROL OF MATERIAL
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:
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
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
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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
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
2.
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REVISION OF SECTION 107
ENVIRONMENTAL CONTROLS
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
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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.
26
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 15'
September 1S until
consistent ground freeze
1800 m (6000') to
Spring thaw to June 15'h
August 15 until consistent
2100 m 7000'
round freeze
2100 m (7000') to
Spring thaw to July 151
August 1s' until consistent
2400 m 8000'
round freeze
Above 2400 m 8000'
Spring thaw to consistent ground freeze
30
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
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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:
Pav Item
Pay Unit
Soil Preparation (Special) Acre
Payment shall be full compensation for all work necessary to complete the work.
32
END OF SECTION
12/03 Section 00100 Page 9
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
0
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.
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.
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.
91
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:
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'h percent +/- 1 '/z 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
-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 40' F unless
facilities are provided to ensure that the temperature of the materials is maintained at a
minimum temperature of 50' 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 50' 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
SECTION 00300
BID FORM
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 595B color #30045.
Following erection of the ornamental metal work, clean any field 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, neat, 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
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)
Ran e k /m3
Total
or Range
B
25 (3000 psi) at
335
5-8
N/A
28 da s
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'/2") 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.
46
-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 In, 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'/z". 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 28°C
(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.
M
-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/L (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 'Y2 inches
3% 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: 'h inch, '14 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
SECTION 00300
BID FORM
PROJECT: 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail
Place
Date
1. In compliance with your Invitation to Bid dated
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
($ ) 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:
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
7/96
Section 00300 Page 1
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
800-747-5651
714-437-9237
Armor -Tile Surface
Engineered Plastics, Inc.
Applied Detectable
800 682 2525
Warninq Surface Tile
TILCO Vanguard
Individual domes
800-290-5700
360-668-5700
Barton Supply
CAST in TACT Warning
303-944-2682
Panels
303-788-9888
The domes and the underlying surface shall have a minimum of 70% contrast with the light
reflectivity of the adjoining surface. The contrast shall be verified using the following equation:
Contrast = B' B2 x 100
Bi
Where B, = Light Reflectance Value (LRV) of the lighter area
B, = 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.
54
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 manufacturers 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
Fluurescent
Application
Work Zone
Work Zone
Work Zone
All Orange Construction Signs (Including Roll-
X
Up Signs)
Barricades (Temporary)
X
Vertical Panels
X
Flaggers Stop/Slow (May Include Flashing Light
X
A roved under SHRP Product #3016
Drums
X
Non Orange Fixed Support Signs with Prefix "W"
X
X
Special WarningSi ns
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 Sin M4-9 or M4-10
X
X
All Other Fixed Support Signs
X
All other Signs which use is Limited to Working
X
X
X
Hours Only
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, PA, 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
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.
59
-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 forjamming.
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
-3-
REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
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
AASHTO 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 S-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.
M
-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 (fc = 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
CONTRACTOR
BY:
ADDRESS:
8. BID SCHEDULE (Base Bid)
Mason Bike/Ped Trail from Harmony Road to Spring Creek Bid Tab
ir
201
CLEARING AND GRUBBING
LS
1
202.0001
REMOVAL OF TREE
EA
2
202.00019
REMOVAL OF INLET
EA
1
202.00033
REMOVAL OF PIPE
EA
1
202.00034
REMOVAL OF PIPE SPECIAL
EA
1
202.0019
REMOVAL OF CONCRETE MEDIAN COVER MATERIAL
SY
24
202.002
REMOVAL OF SIDEWALK
SY
177
202.00203
REMOVAL OF CURB AND GUTTER
LF
288
202.0022
REMOVAL OF ASPHALT MAT
SY
1232
202.00495
REMOVAL OF PORTIONS OF PRESENT STRUCTURE
LS
1
202.0081
REMOVAL OF GROUND SIGN
EA
3
202.04
PLUG STRUCTURE
EA
3
202.04002
CLEAN CULVERT
EA
1
203.0001
EMBANKMENT MATERIAL CIP
CY
4883
203.015
BLADING
HR
40
203.01597
POTHOLING
HR
20
206
STRUCTURE EXCAVATION
CY
375
206.001
STRUCTURE BACKFILL CLASS 1
CY
252
206.0051
FILTER MATERIAL CLASS A
CY
15
208.0002
SILT FENCE
LF
3750
208.00045
CONCRETE WASHOUT STRUCTURE
EA
1
208.0005
STORM DRAIN INLET PROTECTION
EA
2
208.0007
STABILIZED CONSTRUCTION ENTRANCE
EA
6
208.001
SEDIMENT REMOVAL AND DISPOSAL
LS
1
208.002
EROSION CONTROL SUPERVISOR
LS
1
210.0005
RESET FIRE HYDRANT
EA
1
210.0081
RESET GROUND SIGN
EA
5
210.0401
ADJUST MANHOLE
EA
2
210.0405
ADJUST VALVE BOX
EA
2
7/96 Section 00300 Page 2
-5-
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.
65
UTILITIES
The following Utilities are known to be within the project limits:
Utility/Agency
Contact
Phone
Sanitary Sewer - City of Fort Collins
Roger Buffington
(970) 221-6854
Water — City of Fort Collins
Roger Buffington
(970) 221-6854
Storm Water — City of Fort Collins
Glen Schlueter
(970) 224-6065
Electric — City of Fort Collins
Doug Martine
(970) 224-6152
Gas — Xcel Energy
Randy Blank
(970) 225-7847
Lighting — City of Fort Collins
Doug Martine
(970) 224-6152
Telephone — Qwest
Bob Rulli
(970) 377-6401
Cable TV — Comcast
Dennis Greenwalt
(970) 484-7166
Railroad — Burlington Northern and Santa Fe
Scott Peterson
(307) 432-7346
Sanitary Sewer/Water — Fort Collins/Loveland
Terry Farrill
(970) 226-3104
Water District; South Fort Collins Sanitation
District
New Mercer Ditch/Larimer County No. 2 Ditch
John Andrew
(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).
-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.
Force Account Item
F/A 01 Minor Contract Revisions
F/A 02 Erosion Control
F/A 03 Railroad Flagging
Force Account Item Descriptions:
Estimated
Quantity Amount
1 FA $ 100,000
1 FA $ 5,000
1 FA $ 5,000
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.
we
-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
1. 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
-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
1. 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
e m
7€ A 1 N t p 8 -% §L tl Y 81
, "e
q� e
'AUNT Se4 a e- k
F A-•
m.
210.04051
ADJUST VAULT
EA
4
212.00006
SEEDING NATIVE
AC
4.11
212.00047
SOIL PREPARATION SPECIAL
AC
4.11
213.00002
MULCHING WEED FREE HAY
AC
4.11
213.00008
MULCHING WOOD CHIP
CF
52
213.00061
MULCH TACKIFIER
LB
617
214
LANDSCAPE MAINTENANCE
LS
1
214.00905
PERENNIALS 2.25 INCH POT
EA
1270
215.0003
TRANSPLANT TREE 1.5 TO 3 INCH
EA
3
215.001
TRANSPLANT TREE OVER 6 INCH
EA
6
216.00041
SOIL RETENTION BLANKET(STRAW/COCONUT)
SY
425
217.0002
HERBICIDE TREATMENT
HR
40
250.001
HEALTH AND SAFETY OFFICER
HR
24
304.06
AGGREGATE BASE COURSE CLASS 6
TON
1716
403.0072
HOT BITUMINOUS PAVEMENT (PATCHING)
ASPHALT
TON
357
412.01
CONCRETE PAVEMENT 10 INCH
SY
161
420.001
GEOTEXTILE EROSION CONTROL CLASS A
SY
92
420.00101
GEOTEXTILE EROSION CONTROL CLASS B
SY
9.3
506.0001
RIPRAP SPECIAL
CY
36
506.00212
RIPRAP (12 INCH)
CY
2.7
514.002
PEDESTRIAN RAILING STEEL
LF
167
601.0303
CONCRETE CLASS D BOX CULVERT
CY
79
601.0304
CONCRETE CLASS D BRIDGE
CY
104
601.403
STRUCTURAL CONCRETE COATING
SY
107
602
REINFORCING STEEL
LB
27003
603.0118
18 INCH REINFORCED CONCRETE PIPE
LF
246.5
603.05018
18 INCH REINFORCED CONCRETE END SECTION
EA
6
603.1012
12 INCH CORRUGATED STEEL PIPE
EA
14
603.30012
12 INCH STEEL END SECTION
EA
1
604.16005
INLET TYPE 16 5 FOOT
EA
2
604.19105
CURB INLET 4' OPENING 5 FOOT
EA
1
604.30005
MANHOLE SLAB BASE 5 FOOT
EA
1
607.113
FENCE COMBINATION WITH TREATED WOOD POST
LF
11178
607.11525
FENCE PLASTIC
LF
220
608.0001
CONCRETE CURB RAMP
SY
250
608.00026
CONCRETE BIKEWAY 6 INCH
SY
18560
608.0002X
CONCRETE BIKEWAY COLORED 6 INCH
SY
52.33
608.1001
SIDEWALK DRAIN
EA
6
609.2101
VERTICAL CURB AND GUTTER 1' GUTTER
LF
69
609.2102
VERTICAL CURB AND GUTTER 2' GUTTER
LF
3132
609.219XX
DRIVE -OVER CURB AND GUTTER
LF
282
610.0003
MEDIAN COVER MATERIAL CONCRETE
SF
56
620.0002
SANITARY FACILITY
EA
1
7/96 Section 00300 Page 3
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.
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 borne 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
W"
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 Railway's 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.
m
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: _
County: 3. Temperature:
(if non-BNSF location)
5. Social Security #
6. Name (last, first, mi)
7. Address: Street: City:
Time:
4. Weather
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 attorneys' 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.
:o
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 Railway's 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
CERTIFICATE MUST CONTAIN A SPECIFIC WAIVER OF THE INSURANCE
COMPANY'S SUBROGATION RIGHTS AGAINST THE BURLINGTON
NORTHERN AND SANTA FE RAILWAY COMPANY.
(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.
L-1
(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
INSURED.
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.
82
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section
Pages
BID INFORMATION
00020 Notice Inviting Bids
00020-1 -00020-2
00100 Instruction to Bidders
00100-1 - 00100-9
00300 Bid Form
00300-1 - 00300-3
00400 Supplements to Bid Forms
00400-1
00410 Bid Bond
00410-1 - 00410-2
00420 Statements of Bidders Qualifications
00420-1 - 00420-3
00430 Schedule of Major Subcontractors
00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms
00500-1
00510
Notice of Award
00510-0
00520
Agreement
00520-1 - 00520-6
00530
Notice to Proceed
00530-1
00600 Bonds
and Certificates
00600-1
00610
Performance Bond
00610-1 - 00610-2
00615
Payment Bond
00615-1 - 00615-2
00630
Certificate of Insurance
00630-1
00635
Certificate of Substantial Completion
00635-1
00640
Certificate of Final Acceptance
00640-1
00650
Lien Waiver Release(Contractor)
00650-1 - 00650-2
00660
Consent of Surety
00660-1
00670
Application for Exemption Certificate
00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC -A GC -Al - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
GEOTECHNICAL ENGINEERING STUDY
07/2001 Section 00020 Page 2
TOTAL IN WORDS: 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 (25%) of the total Agreement
Price.
RESPECTFULLY SUBMITTED:
Signature
Title
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
Date
7/96
Section 00300 Page 4
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 Section1 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.
RK
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) The Burlington Northern and Santa Fe
Railway Company
By By
Vice President and Chief Engineer
(Title) Accepted this _day of , 20
Address
City, State, Zip
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:
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.
92
' Kumar & Associates, Inc.
1(+A
Geotechnical and Materials Engineers
' and Environmental Scientists
1708 E. Lincoln Avenue, #3
Fort Collins, CO 80524
0 I 9 �Q 0 phone: (970) 416-9045
fax: (970) 416-9040
email: kaftcollins@kumarusa.com
www.kgmarusa.com
Office Locations: Denver, Colorado, Fort Collins, Colorado
Branch Office: Pueblo, Colorado
GEOTECHNICAL ENGINEERING STUDY
' MASON TRAIL STRUCTURES
DRAKE ROAD TO HARMONY ROAD
FORT COLLINS, COLORADO
Prepared By:
i ger L arker
enior Geologist
Reviewed By:
Narender Kumar, P.E.
oQ;��ERk�9
o • Cy
.o �• :t!vr; �
�FSSI0 N A�
'
Prepared For:
Felsburg, Holt & Ullevig
Greenwood Corporate Plaza
'
7951 E. Maplewood Ave., Suite 200
Englewood, Colorado 80111
'
ATTENTION: William Marcato, P.E.
' Project No. 02-3-140.01
1
January 23, 2004
H
t
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
1
' Kumar & Associates, Inc.
SUMMARY
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'/2 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'/2 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.
1]
1
Kumar & Associates, Inc.
r
1
i
1
1J
L
1
-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 conducted for the purpose of developing
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
1 information on subsurface conditions. Samples of the soils obtained during the field
exploration were tested in the laboratory to determine their classification and engineering
1 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.
1
This report has been prepared to summarize the data obtained during this study and to
1 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
1 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
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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. 1 A. 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
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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 Parkw y: 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
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and 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
shown on the plan provided to us.
The 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.Q. spoon sampler.
The sampler was driven into the various strata with blows from a 140-pound hammer
falling 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.
' 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.
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SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
7/96 Section 00410 Page 1
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' 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 Yz 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 Y2 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'/z
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'/z 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 1 1 Yz 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
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' 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%.
1
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'/z 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.
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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
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extend through any granular fill or crushed rock placed below the structure and
below the calculated scour depth.
5. The footings should be provided with adequate soil cover above their bearing
elevation 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
' water 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. Qewatering 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.
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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.
1 10. A layer of ravel may be laced in the bottom of foundation excavations y g y p 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
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The 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
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.
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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.
LIMITATIONS
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
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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
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02-3-140.01
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02-3-140.01 Kumar & Associates LOCATIONS OF EXPLORATORY BORINGS Fig. 1 B
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we the undersigned
as Principal, and
hereby held and firmly bound unto
OWNER, in the sum of $
truly to be made, we hereby jointly
and assigns.
as Surety, are
the City of Fort Collins, Colorado, as
for the payment of which, well and
and severally bind ourselves, successors,
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 his faithful
performance of said Contract, and for payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said
Bid, then this obligation shall be void; otherwise the same shall remain
in force and effect, it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its BOND shall be in no way impaired or
affected by any extension of the time within which the OWNER may accept such
Bid; and said Surety does hereby waive notice of any such extension.
Surety Companies executing bonds must be authorized to transact business in
the State of Colorado and be accepted by the OWNER.
7/96 Section 00410 Page 2
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LEGEND
(&0) ® ASPHALT, THICKNESS IN INCHES SHOWN IN PARENTHESES TO LEFT OF LOG.
® FILL: SANDY CLAY WITH OCCASIONAL GRAVEL, MEDIUM DENSE, DRY TO MOIST, BROWN.
aCLAYEY 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.
SANDSTONE AND CLAYSTONE BEDROCK, INTERBEDDED, SILTY, VERY HARD, MOIST, GRAY TO ORANGE.
hDRIVE SAMPLE, 2—INCH I.D. CALIFORNIA LINER SAMPLE.
22/�112 DRIVE SAMPLE BLOW COUNT. INDICATES THAT 22 BLOWS OF A 140—POUND HAMMER
FALLING 30 INCHES WERE REQUIRED TO DRIVE THE SAMPLER 12 INCHES.
5 DEPTH TO WATER LEVEL AND NUMBER OF DAYS AFTER DRILLING MEASUREMENT WAS MADE.
— DEPTH AT WHICH BORING CAVED.
M APPROXIMATE INVERT LEVEL OF THE DITCH ADJACENT TO BORING.
NOTES
i. 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);
DD = 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 0 4318);
NP = NON —PLASTIC;
WSS = WATER SOLUBLE SULFATES (HACH METHOD).
02-3-140,01
Kumar & Associates
LEGEND AND NOTES I Fig. 3
No Text
No Text
No Text
No Text
No Text
No Text
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this day of , 20 , and such of them as are
corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set
forth above.
PRINCIPAL
Name:
Address:
By:
Title:
ATTEST:
By:
(SEAL)
SURETY
By:
Title:
(SEAL)
7/96 Section 00410 Page 3
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and
comprehensive. This statement must be notarized. If necessary, questions may
be answered on separate attached sheets. The Bidder may submit any additional
information he desires.
1. Name of Bidder:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business
under your present firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each
contract and the appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
8. Have you ever failed to complete any Work awarded to you?
If so, where and why?
9. Have your ever defaulted on a contract?
If so, where and why?
10. Are you debarred by any government agency? _
If yes list agency name.
7/96 Section 00420 Page 1
11. List the more important projects recently completed by your company,
stating the approximate cost of each, and the month and year completed,
location and type of construction.
12. List your major 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 available: $
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?
119
19
Are you licensed as a General CONTRACTOR?
If yes, in what city, county and state?
class, license and numbers?
Do you anticipate subcontracting Work under
Contract?
If yes, what percent of total contract?
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
What
this
21. What are the limits of your public liability? DETAIL
What company?
22. What are your company's bonding limitations?
23. The undersigned hereby authorizes and requests any person, firm or
corporation to furnish any information requested by the OWNER in
verification of the recital comprising this Statement of Bidder's
Qualifications.
Dated at this day of , 20
Name of Bidder
By:
Title:
State of
County of
being duly sworn deposes and says that he
is of and that
(name of organization)
the answers to the foregoing questions and all statements therein contained
are true and correct.
Subscribed and sworn to before me this day of
20
Notary Public
My commission expires
7/96 Section 00420 Page 3
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over 15% of the contract: concrete, asphalt paving, concrete
paving, excavation, steel bridge structures, concrete structures, traffic
control, fencing, storm sewer, and landscaping.
ITEM
SUBCONTRACTOR
7/96 Section 00430 Page 1
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
Date:
TO:
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 , 20 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
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 , 20
1. You must deliver to the OWNER three (3) fully executed counterparts of
the Agreement including all the Contract Documents. Each of the Contract
Documents must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security
(Bonds) as specified in the Instructions to Bidders, General Conditions
(Article 5.1) and Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid abandoned, to annul this Notice of Award and to
declare your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return
to you one (1) fully -signed counterpart of the Agreement with the Contract
Documents attached.
City of Fort Collins
OWNER
James B. O'Neill, II, CPPO, FNIGP
Director of Purchasing & Risk Management
9/12/01 Section 00510 Page 1
SECTION 00020
INVITATION TO BID
07/2001 Section 00020 Page 3
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the
year of 20 and shall be effective on the date this AGREEMENT is signed by
the City.
The City of Fort Collins (hereinafter called OWNER) and
(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.
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.as the construction of the Mason Street/Harmony Road/Spring Creek
Bike/Pedestrian Trail.
ARTICLE 2. ENGINEER
The Project has been designed by Felsburg,
hereinafter called ENGINEER and who
responsibilities and will have the rights
in the Contract Documents in connection
accordance with the Contract Documents.
Holt and Ullevig (FHU), who is
will assume all duties and
and authority assigned to ENGINEER
with completion of the Work in
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 ($250) for
each calendar day or fraction thereof that expires after the
Fourteen(14) calendar day period for Final Payment and Acceptance
until the Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows: ($ ),
$ Dollars, in accordance with Section 00300, attached and incorporated
herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
9/12/01 Section 00520 Page 2
recommended by ENGINEER, once each month during construction as provided
below. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in paragraph 2.6 of the General
Conditions and in the case of Unit Price Work based on the number of units
completed, and in accordance with the General Requirements concerning Unit
Price Work.
5.1.1. Prior to Substantial Completion, progress payments will be in the
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 90% of the value of Work completed until the Work has
been 50% completed as determined by ENGINEER, when the retainage equals 5% of
the Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 90% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the application
for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95% of the Contract
Price, less such amounts as ENGINEER shall determine or OWNER may withhold in
accordance with paragraph 14.7 of the General Conditions or as provided by
law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
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.
9/12/01 Section 00520 Page 3
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or
to supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar, information
or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provision of
paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract Documents and
the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
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:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
9/12/01 Section 00520 Page 4
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5Application for Exemption Certificate
7.2.6Application for Payment
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 to , 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.
9/12/01 Section 00520 Page 5
7.6. There are no Contract Documents other than those listed or
incorporated by reference in this Article 7. The Contract Documents may only
be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of
the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General
Conditions.
8.2. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or
discharge that assignor from any duty or responsibility under the Contract
Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
9/12/01 Section 00520 Page 6
OWNER: CITY OF FORT COLLINS CONTRACTOR:
By:
JAMES B. O'NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Date:
Attest:
City Clerk
By:
Title:
Date:
(CORPORATE SEAL)
Attest:
Address for giving notices: Address for giving notices:
P. 0. Box 580
Fort Collins, CO 80522
LICENSE NO.:
Approved as to Form
Assistant City Attorney
9/12/01 Section 00520 Page 7
SECTION 00530
NOTICE TO PROCEED
Description of Work: 5932
Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail
To:
This notice is to advise you:
That the contract covering the above described Work has been fully executed by
the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within ( ) calendar days from
receipt of this notice as required by the Agreement.
Dated this day of , 20
The dates for Substantial Completion and Final Acceptance shall be
and 20_, respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this
day of , 20
CONTRACTOR:
By:
Title:
7/96 Section 00530 Page 1
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
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.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City
of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal
Corporation) hereinafter referred to as the "OWNER", in the penal sum of
in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the day of
20 , 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
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"' Floor, Fort Collins, Colorado, 80524. If mailed,
the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly
received will be publicly opened and read aloud.
The 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"1 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.
5. 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 N. Mason, Community
Room in Fort Collins.
07/2001 Section 00020 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or to the Work to be performed thereunder or the
Specifications accompanying the same shall in any way affect its obligation on
this bond; and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Agreement or to the Work or
to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of
20 .
IN PRESENCE OF: Principal
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
(Title)
(Address)
Other Partners
By:
By:
Surety
By:
By:
(Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00610 Page 2
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm)
(Address)
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 in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind
ourselves, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the day of
20_, 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 day of
20
IN PRESENCE OF: Principal
By:
(Title)
(Address)
(Corporate Seal)
IN PRESENCE OF: Other Partners
IN PRESENCE OF: Surety
By:
_ By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00615 Page 2
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
7/96 Section 00630 Page 1
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
substantially complete and will assume full possession of th
specified area of the project at 12:01 a.m., on
responsibility for heat, utilities, security, and insurance under
Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER
REMARKS:
project as
project or
The
the Contract
AUTHORIZED REPRESENTATIVE DATE
7/96 Section 00635 Page 1
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO:
Gentlemen:
20
You are hereby notified that on the day of , 20 , the City of
Fort Collins, Colorado, has accepted the Work completed by
for the City of Fort Collins project, 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
CONTRACTOR
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER
Subscribed and sworn to before me this day of
20 , by
Witness my hand and official seal.
My Commission Expires:
Notary Public
20
7/96 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: 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 (1209)
COLORADO DEPARTMENT OF REVENUE CODENER Hn2°'
RW) 232-2415 CONTRACTOR APPLICATION
(303) 232
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1 xa)NX)
no Nnr warrF IN rwc qanrF
The exemption certificate forwhich you are applying must be used only for the purpose of purchasing construction and building
materials farthe exempt project described below. This exemption does not include or apply to the purchase oriental of equipment,
supplies, and materialswhich are purchased, rented, or consumed byIhe contractor and which do not become part ofthe structure,
highway, road, street, or ocher pub Iicworks 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 RevenueIt is the responsibility of the prime
contractor to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
a°01zAr,:0ANro ito be as,sigvdby oR
89a1
P cod
0170-750 (999) $0.11
CONTRACTOR INFORMATION
Trade Hemel „
nee, pa Her, or cory. rate name
ailing address f.-ity, _Isla. Zipy.
Contact Person
E- Vlail addras.;
FederalEmployer's ldenfificaon Number
Bid amountfar-your wnlrac
FaxINLInuter
Business telephone number
uo ora o wflhh.ld,ng tax axount Hum er
t
EXEMPTION INFORMATION
Goplesotcohtractoragreementpages(1)identitying
the contracting
parties
and (2) containing signatUd.Bs of contraOtmg
parties must be attached.
.
Name or exemphnmancation as shown on conract)
t npiiizallon's number
98
Address ofexprnrr rganlzatcn (City. State. Zip).
Principal cintart atexampt organ¢a ion.
Principal contacts telephone number
Physical location of prjact site (give aeWel address vfien applicable and Cities and/or County, (ies) where protect is located)
Suhed Wetl 'm eY ear
Esurzieid .omr ev ear
.ncrnertan,tan date
mmple�u , dale:
t declare under penalty of perjury in the second degree that the statements made in this application are fir ue and
complete to the best of my knowledge.
Signalure of owner, partner or oni-r aoftcar:
Tll e of corpora to officer:
Date
UU NU I VVKI I E BELU VV THIS LINE
Section 00670 Page 1
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 50 of the total Bid must accompany
each Bid in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City
Council, shall have a financial interest in the sale to the City of any real
or personal property, equipment, material, supplies or services where such
officer or employee exercises directly or indirectly any decision -making
authority concerning such sale or any supervisory authority over the services
to be rendered. This rule also applies to subcontracts with the City.
Soliciting or accepting any gift, gratuity favor, entertainment, kickback or
any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited
City of ollinsBy_�^
c� \
James B. O'Neill, II, CPPO, FNIGP
Jr6 Purchasing/Risk Management Director
P--7-'
07/2001 Section 00020 Page 2
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 89t€ 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
E
CONSTRUCTION CONTRACT
'Thew, (AiNTRAL CONDHIONS have hun developed by using the
STANDARD GT---NlRAT, c`ts i)PPTf) S OF 1`itl7, C0A,') tRU(lTf0N
CONTACT prepared Iw the Fngitteetc Joint i`ontract rwutnenta
(:onlmtttee i:ft'D(, No 19tt�eti il99t) I.�(tnt�nj,a+a fwsc Changesto
that document ae share=n by Underlining text that has loan added and
striking through te.Nt that has Lean deicted_
F.ICDC M`NVIZAL CUNI)11'It7NS 1910-S (I <)«t)1:D1'HON>
WI'I'I I CITY OF FM'l' COl,L[NS IONS (Rl-"V q/gcJ)
Artacte or RAmgraph
Numhr & Tole
TABLE, OF COMIMS OF GMF RAL CONDITIONS
Page article iw 1hragraph
^:llmMr Numlvr, & Title
i t
:Addenda_. ___.. ._._..__
__.1
i._
givernent..._..._................_..._........1
3 3
`<l- rhention £ar pqm m
14
AAvston
I
15
Bid
I v
BiddingDccuments._
1
1.7
Bidding kecluirements.
._ _...
,.,..I
I Q
(hangeAdcr _...
I_if)
Contractuments..__.
l ll
1infraw14
1 11-1
Contract'Cimes__._ ... _..__
..._.l
113
C'r %'TRAC" TOR
I
t ld
l / d7ne_.. .............. . ...................1
I.I`;
INateings,
_ I
I. to
Effective Date of the Agreement.
I
I.17
fi, N" I'lNI R
11&
1 Vt;l.'vl:}id2'sC°onsultant ____...._...
1
1 10
i Icid t?rder
1 _'fi
(.,enerolRequiremelo-,. _....
._k
} 'I
IlaxardCRIS k\,WSte
'_ s
Lalvs and kas`ulatluns; Lows or....._._..
Reglllatiotr> ..
I ':� h
_
I cg:ll Jdolidays _.
Z
1 13
lienti.
1 24
Milestone
1 -1
,otwe ot.Award
7
1._6
'Awe to llltxecd ..... ,,.
1.27
(AN,NER
?
I IN
3'artiA Iltill/anon
1 1)
_
x 1iti
1.3tr
I c-ttoletim
'
1.31
Project ...... ......................... ......
.
I.3G.a
Radmilc e Maicttul..._ ........
......
1 3' is
Regaulnr Working #lofts
iii
k,:imdenlt2epresentatlle._.
—
1 24
Samples
InL
t.34
.peel h"nlons __....
t 37
Sulhont amx ,_... _... _......
__...2
;s
Slfl- totvlatl Completion
2
34
Su}lplementary � ,)lld k'Avs
I �il
1 311ierC\yltnil t�aUllttltS
,'�-1
4_
1 !to Price lkork
;
43
lV'csl.;
;
44
Work rk Chan; ,c Ihrectict _... _
;
.3
1 45
`,i'rawn Aroendmcnt
Page
S.rum We
�. PRELIMIN.ARYMATTERS_
21
Delivery (f Flonds
22
CAj)IeS UI Lit)Gn1n Cn Ls._.,.,_, ....
x
-+
Commencemem ofCoraract
ftInes. Notice to ProceeJ,
3.4
Starting the IA`orlk
2?=_' 7
Defore Slarlini,c'cxutructi w;
0 MR•A(-IOR'skeoponsihi?its
to Relloti, Prelnninall, schedlles;
£)ehvery of Certificates of
Insurance ....... _
.3-4
18
Preeonshu.ticot Conference
4
20
Inamlh' ifcelAahle. j{;lledules
,..4
CC)'�'T12.1C1`I'K)t'r'titf:,�1'S. I\"CFa"T,
1VE' 7)IN6, W SE _ _
4
3 1.3 3
Intent
4
Re£rt encc to 5tandai Lls and Speci-
fications ofI-ectulictl Societies, .
Reporting ,And Rcsolrin=4Dis_
3-4
intent of C'ertim Terms or
3.5
Amending Coloraet I"oeunenis
s
3,6
SupplememingContract
I)ocuments_..
3 7
Reuse of DVulnenti�
4 ,A k AILARI!-tl'Y
OF LA%DN.
b! 'I?;iI
kFAC6 AND PHYSICAL ('t}:illl'l1 Ci
s.
4.1
Aioilahihtq ofLand,
4.'-
Subsurface and Fillywal
"'ondittons
ti
42t
Rcp,,ols und Ptaw igs_.__...
_.. �
4.2._
limited Reliance he <•<)ti'TRAc`
Tt1RAuthort'.cd Iechnicat
Iwo
4._13
Ott10.1 iui, titttt51tt I3Cf
or Phyic—, l Condioons
_ t�
414
i.NlxNIfR's Rc 4N4 .....,..
,Si
4.2 4
P,, c%]Hr C'Dtlnaet Mum Ono s
l hdt1EQ _ _
E'
4,
Ilvsslhle Price and I ltlle',
~.zlttlAntents
tt
.
43
Phv:sical Conc6liom l nd, rogwund
Vo ilitle.
7
..7
4 _1
shown or lndtaated
43
` cl Shown car lndicated
7
4.4
Rcfelell�C Ponrti
7
t.l t.K� iit.�t tt ii. (. l3:Wt)tt (� 1�45 I'?t V 11 j IJ1i 1:111 tll )_�vJ
rl v<°rvit r pxrl'c1-1.114 YODrrlr.nuvNs,RT% 99,,1
Article or Paragraph 1-130e Article or Paragraph hie c
Numlxr&-litic: iswnher `Yumlxre; fille Numlxr
4,5 Ashestos• W11%, Petroleum,
Hazardous Write or
Radioactive Milterial 7.S
1, BONDS AND INSI-RAtvt k-,......_..
Performance. Payment and Other
Bonds
8
Licensed Sureties and Insureas.
Cdrhrnkates of lnsul"Baled _....
R
4
CON I RAC)'l OR's Litibility
Insurance.............. _ �
...._.')
3.5
C14'4•'vER'sLiability lnsuance._.___
)pj
hroperiv Insurance.
S.7
Boiler and Machinery or Addi-
tional Property lnsala'ame
Il)
s 8
\:o[Icc ofC'ancellatton I'rolisliln _
lie
>rj
CCXN7RACT0R'%Responubilak
for I.teductihle amounts_.
III
i1u
_ _ _ _ _
Other Special Insurance_
_..
; "1 I
Waiver of Rights __.... _.....
__.l I
125.13
Rcccipt and Application of
Insurance hoceeds
to-1i
S 14
Acceptance of Bi,Iids and Insm.
anCa:(:)ptlolttoReptle
i.15
Partial Utilization-41roperty
Insurance._
G. r'i)'vIR
CI-OR'SRkSPON.'51E,11JI
C>,l tY
auperymon and SupcCnit4nclrl"let,
l 1
Labor, Materials and 1S,juiplilent_
11-1,
Progress Schedule
1'
n.7
sutxititutes and "01-I;g0.al' Iteliri,"
CC )N I PAC. 1 C)lc'S hxpcnsC
Substitute Construciion
Tlctlactl. or.Plmedtnr s,
Evaluation _ _
I'-1.3
t4.8-o.I I
t'oncerning Subcontractors,
Supplter.s and t sib ea s,
1N an tr if Rights
1 ;-14
Patent FVVS and Roeal'.ies
14
13
Permits -.....
_ 14
ft.14
Laces and Regulations
14
C.i,
`laze:.
la-1
G.It,
lice of picimscs
e.17
Sne C-lranhne
I,)
SIte Sirtlour(II Ixoding",
._..�+
Rekold l)ocuniznt,
6211
SaMy and Protection
ta21
Safell krpresentahrc
to
h. ?
Iia?arti ('Gait mlln l98tt D71 lY,Nt Gaf;i
lti
t:•'a
Fiati knckcs,
lr,
(=__'4
idol I a'Imil mid Stm�ple.
I(+
ff
of
Submiftal Proccedures, C't N-
TRAC7 OR's Review Prior
to Shop Drawing of Sample
Submittal ...................................
1£
6,6
Shop Ota 41n� d'(. Sample Submit-
taisReview bl-EV4I-VEER„
.16-17
6.27
Responsibility for k'atiations
Front Ctuttract DOCtamOnts ............
17
r>.'_8
Belated Work Performed Prior
to kNOINFUk's Review and
Approval of Required
Subnllttals .
17
li 2)
ContmutIlL the Work
17
63
CON "I'RAI-"I it's general
Wairantyanda,uatanttc+.___.
_._.17
t l-6 33
indemnification.
17-18
6,34
5ur"Val
7. 011
_ is
Tl-T3
RclnwdWt kfitSite _..__.
I3
_.18
7.4
(Ax,rdinattmn _
8. OW F,RiRFSR)SSIf3I,rrm.5
18
1
i orn III till Ica non5 to t ON,
I .RAI IOR ,.
18
S-7
Repl'acenwnt of I.NOI EER
. 18
S.?
Himi5h Data andt'ay Prompily
lVllen Ihie
l
S.4
;,tm&I;fml ha.LanCnl4: Reports
and Ielts
-i&-14
S,1
!;mtranct
p)
8,0
'ltangalllders ._ _ _
9
€spem ns. TeSts and
1pprot'als............. .,._....,,
1{i
ti
Stx,p or Sasperail Work,
Terminate t -t )`<-"f k •t("t OR's
Sam ice;
19
Resplins)hilInes
I, )
Wk.slos, PCR%, pctrolewll,
MI/grdolls i wlv of
Radioactive Slaterial
IP
o: hinaneul
Ait-arguments ---
_._p)
E\<il'sd. li S Sl AI I's I tl Rl'dG
'_}7 Representative.
In
ktnr(,aaatauve,
`> 4 •9lriiic Ilion, ttnd Intcrpre..
(atac�n
sl
<)� Authurl cud Lilt lAtjunv In l'a'sk........
21
tatiK"ettNXll.('f,NPIll(SS L`A D-s(1).oa )lI4(,d,)
Article or Paragraph Pa_€c Article or Paragraph Pau
Mimber.R 1,010 Number \umber,X:. title Number
iffi
RejectineDefective Work _..___,..._'1
i1.7_9 It
'Slap Drawings- Change Ckdm
and Pacment5 _..,....
21
9lo
Detffminatims for Cint Prices
<11-2'-
9.11-9_1
Decisions on Disputm liNGI-
tiURasInitial Interpreter,
9.13
UniitationsonENGENEER's
Authoritf, and Resperosibilitie _"
22-23
CITAVWP IN'IIIFIkORtti
._....._.
.23
l o' l
Obk \ER's € 7r tiered Change ...............
_3 14
I11.2
Claim floc Adjustment
21
Iit.3
Work Not Required by C'unlraci
Doc"melits ........ ..
�''
10?
Change Onlers _ _ �_ _
'r
it)i
Notlfiantion(if Surety _ .
s3
CH A`'+(xh C+ C \ [ kACI PRIC'1=
=3
11_I-11,3
Coniractf1rice,Claim For
_AdiUMMent. k'ahle of
the 4\'cxk
_3-24
11.4
CmtoftheWorkJ-
1 3 _i
I sclusiom to Cast of the Work. „
, ,
11 6
f' lAI'RAC I OR's Fee
'A
11.7
Cost Records
23 20
1 [.9
I mi Price Work
20
L^.I
Claim for Adjustnimt
Dime of the Essence
_.3
relasPfty�nJi^tf?,'
} �TTLVi `I OIL"s
1? 4
1 +clava Peyond 0xVNF R'.s:aid
t'ct'v'FRACTORcControl, .... ...
_ 27
Hisr., l y171L
API f' Fftl ti, t't)RRECTiCi\.
REN104.ALOR
.VCLPJ ANCE OF
Dh-TF( 411(i`WORK
_. _
°7
13 '
si ess so tlii° 1L'cxk __ _
'_7
13 3
Mesas and Inspections
NAC'IOk'sI'e.peraticvl_
27
13.4
t Ilt �.1-R's RrsgKm>vibiluie�,
In,lapmnderu I en[inlf2 LalxRalort
_._._7
lit�lS2nK11Sht]es_
27
13 (13 7
Covering 61 ork Prior to lnspcc
u,it. Icmian�,i AppiuIal_..._
'7
I3,ti_ 13 €) l ncoverin ,, Work at l til
vrt.R'sReynest
>7. ^_a
13.11r
Oiler rL;R May Stop the IvVo k,_ _,.
_2.
13.1 t
Correctiot or Removal of
Vejaclive Work .... .........
'-d
13.12
Correction Period
13.13
Acceptance. of Vafechve Wo6_
13 14
C3"G"vTR May Corteet Pefective
Wort:.
2k. 29
PAYP)C OVRAC 'IORANI:)
(AIPLE1 ION
'9
14.1
Schedule of Values
14,2
Application for 1'rcgx'3,
Payment__.
Z7
14.3
CON IR.lt'1-OR'sWarrant vof
Title
3a)
14, .1 14 7
Reetew of Ajq li nil ons for
Pr grcysPaymlmntii _. _
211-30
Substantial Completion'.
3t1
14,I41
F'arpaEltdtzfitii�n __
>U-34
14.1€
Ivrial lnapectirn
31
14 1'
I'mid Application lot Payment_,
14.1.3-1.114
F•irial Pagment and kceptancc
31
[4.15
tlaicerOfClainis.
31-32
I � 51 al:'I 'I SKJN OI St"i IkI� 4` Ti)
IIiRMV1 AHU4
I S.I OWMT ° Gy gilslxral L1brl ^2
I s"-1 � 4 O) V FR `,laav "I'ciplanate 3'
3.> ('01\ FRAC rr )k "M y Stop
"ork or renninate 3?-33
1ii I}l;til I IL1i-S()[,[IFTO, 3:?
17 \11SCI LLAXTh01
`;
I,-
17 1
i3;;ViniiNotica..
1 7.2
Computation of I imes. _..,.
_... 33
17 i
Notice of Clmm
3.3
17 4
Cumulalliv Roil .airs
17.3
lq o fossil ati J Few s utd Coul t
C"Ostc lnciudcd
11,6
Afpli4,thlc Suite [. ms,. _
_"_34
lntentiolialk
tell Hank __....
_ . _.3'
P`;i11131"f 13,
A. (Orsiionall
I115Pifw Resol"llon
i gy"mml
6 -Al
io.1-1r,a
Arbitration
I'i.7
`kT liataem. _..... -
("W-,AI
R' tYLit'tI LY: 1 Cf,,NJAIR'� 1910-8 i199U I:]A klij4`)
x' (1 n- C 1 1 ,RT : TA I' S V10DIF1c`atk tiS lTtFil 9:99a
INDEX -rO GENERAL CONDFROINS
{ *iIv of Fort ColIins ntodi ficatrons to the {letie rsl Conditions of the Construction Contract are not shown to 6tis index
�Vticle 4r I'araftraph
Number
Acceptance of --
Bonds and Emumnuo.,..,_.,...._.. _
.............. 114
deke#veWork ._...,. ..___10A
1. 135.1114
Crnal pavtncnt _
o 1? 14.15
insurance_ _. „_...
5,14
Other wcg'k I» c o rRAC ON
L.1
Sub-Inutesfind "Or-Equ,Il"items,._.
ti.7.1
Work kv (')WNr,.R
1 6 a 6 Q
Access to Me—
Lands- OW?v1,Rand CON, FkA P)R
respoir,i Ahticl
site. related tVork
__...
Work" _.-.._ __.... ...____,792-
AAA
IS 14. 149
.kct4 or Act',, and f lrnisstom--
(", INTR.N'TUIi........._. __
r1St1,9.1i3
211,. 9. U, 3
OWNER
,Addenda--delurnivn Of ON; see
definition of Spectlicatiorvo I_f.
l lo. h 19r_ l 1
,Udittonat lhoperty 11muran:ees ......,._.
._._...... 5 7
.Adjustments--
Contnaet Price ar Contract
1 Ames.... _.. _.. 1 z 3.5,
4 1. 4 12, 4-31-
... 1-4
l N 142-10 4-
_... _ 11.
12, 14,X, I
ptticss schedule
_._
,Aereement--
definitfon of ......_.. .....,..
"All-RIsh' Lnunrnca. polio, fain
_,.._
_..:' 1..2
.#llow-ancos Cash _ _.
_... 11.':
Amending (Amu act fhwuments _...
3.5
AlnelldulenL Written--
....__..
to neneral, _ _.I.1{t i 453.4-
3 lu- S.It r 6-,
tie 1, 19,
1'1 I. I0,4_ I1?
12L13122,147,
1ppcsd (}@`s. i312 nl t `t 1� t 1Z_-1: "i CER
AWN to c hk 4.1 L
in A In! 10 3
,lpphcw"M R1 15"m nt--
deflmtion of,
};\c,ltil:}:lE itcvpE>nsibilltt „
1� c>
finaIpaynten1 134 1713
S 1412-i41
it) general .,. __._.. s ;,3e4,)Iri
IS;
pwPe. pa1mal: _
_... 14.1-14.7
rec w or
1-14 14.7
ohirratlon
14.I-ln"
Asbestos—
clauus pursuant thereto
4 v."., 4 5 3
(()NInc-N
_.45.2
dClioifion of
1 4
Article or Paragraph
Nuts her
O RR r"PonstMlity for _ ._
_ 45 1 N 10
possible price and times change
i a 2
Authorized Variations in Work .
6, 6,25. U 17, 9_5
Availability of Lands _ .
_ _ 4 1, S 4
A�}ward, Aotice ot'--dei'ined
__..... I.2S
Rc'ft$e st0ntrig ronstruct KBl ,.,,
_ 2 50
Bid--definition of .,_..... _...1 511.1.
1 If), : -'3 ....
_., 4 2.14>
b_11 1 L4 A 11 U_I-1
Biddin_ DocYmtents--definition
of
131dchng Riequiterne'nts--dcfalo fill
of
L 7 1 1,4262)
Bonds --
acceptance of _. _.. _
5.14
additional hoods
ItI A I IA n.9
Cost of Me U'crck _ _
.-.. _.. 114
delinition of
LS
Oct iVery of
1, i1
final Apphmtmn for Payment
14 IZ-14 14
geffmal ,..
1 lu ti to 13_I,;,
loll -IN,
Per£ormanca, Payment and! 7ther
5 1-52
Bork and fnsurance'-in general
_ K
rtuddet's risk, "all-risk" policy forin
5 6. E
Cancellation Prove,ions- Insurance
4 113
('mtll iIowtinces
h
Cart nwie of SwIlZtnun( 1,rinpleilun
i 3K o 3i7-23,
_
14.5. 14.11)
r: olificales of laspecthn
9 114 13.K 14.12
C'el Glicsstes ol'Tnsla`ance 2 7,
5_3. 5 j It. 5 4 13,
^t• s
i14If13.-3 14.12
Ch.utgc in t'rnTnaetPricc --
t'ash AtK"wnces
x,lain forprlc:c
ad ltEStnlLnt 4 1, 2,6,
4,3, �, 15.. o X, a% 4
......05 9 1 L 1"2
10K 11 2. 13o,
..._ 13. 13. 1?
141l 71 f 1 1S-
t't 1ATRAt I C)R's Ice,, - _ _
I Lr;
Pose of the Work
general _
.. IL4-i I.;
ExjusiooSlo.
_.. Ii.;
Coo Rr'COrds _
11-7
1n general .._......I. 10 1 44 In
1041 10 4 3. 1 1
I"milp Skutt PF1c[ig'' .. _._.
......___..I I ; 2
'4J1f cation of �tlrety
SopeoC. _.
1 csiing find Inspection,
I n"Aamp the A ca'}.
FWD,' AA IJL ALnVWUIl1, NS t91 u-311 i^A,IIn I l rf'b
u 0Tl i1TR IrrOLLJ'S 41N)fI Ic'?T1t,N:, Ikl,f')
I nit Price Wk i I e,
Article or Paragraph
Mini ber
Value of lVoi k
Change In Contract 1 intes--
Claim tnr tmles ad)ui5ttneln_.__.
4 i, 4 2.6, 4 5-15f
6.5.2, 9 4, 9,5. 9.11,
10.2, 10 5, 12 1,
_ 13.9, 1 3 13. 13.14. 143, 0 1, I S-5
Contractual lime hmlts
iL.2
Ddays Nyond (-(ATRACTOR'S
control
12.3
Delays beyond OWNI;R's atad
CONTRAC I-OR's wrilroI _
.__ 12A
Nimt ationofsuret}' _._.._
.,......-. 1r)S
Scope of chantze _,..._ _..__....
.._ _ 103-10_4
Change Orders --
Acceptance oU Pe%acnve A-ork-
13.13
Amending Contraet Doculncnis...
............. 3
Cash Allowances
11 _b
Change o[ Contract Price .-.. _..
_...-..._._- 11
change of Contract Tlme� _,..
,. 12
Changes in tlae Work
10
CO,NTRACTOR's fee
Col,4stfthei4{xl.....-. _..
..__.....114-11.7
foot Reec±rdv __.._ _
_ , 11 7
definhion of'
1-1)
emergencies
1 NCA" ELN s responsibahta
N 10.4, 11 3, 12.1
execution oll ....___ ......,_..
.._ .1U.4
Iniemaillctr(m .._,,._ .......o 116 Ih, fi31d;3-'s
InRnrance.H'oadsand _.
It}..5.11 [(15
! A4N7i,R inav terminate ..._............._,....
15?-15.4
t AV`s`T.R's FRespcnsibiht} __..�.
. X,6, I1-1.4
Ph('ticnl Com9,t'ion„--
5ubsnrtdca aand,..,. . _.,._._
.......-...._.....__4
I`ndergaound F'acihiws.- ......
- 4 3,2
Recot'dDocuments._
610
Scope ofI'hangc
67.3,6.8.2
I nit Price 1F-(Irk.
11.i}
ca4i,l of Mork .-ovcrecl by -.._ _.._
..,....... i t 3
Chsu)ges [it the Worlc.......
\oulicailon ot'surctvr
aAA hl s and i'r1�'l1Zi�t'1r 1R'
rel,pon,i€uhtacs.._.._
__..... _.. 1o.4
1,whtit) IIna4I1uinaent
hi
S:oln of, ¢hsanlze_. _..
1(a3-IJ4
((FJt Rl S—
avia 5t 0,NI'RACI'OR....
Ig,untaI`sirl'sI: I lk _. ....
_.. _. 632
aglinast CA1, M-R .....
b 37_
+t.m:;e of Cimarnct Price
a 4, 11 2...
Nance of (.aarract 'iIlna, -.
- g 8, t 3. I
i'()'`rR.v-rfZR's4, 71,
44 13.911_ io_2,
.. -..
i
115.1. 15,s. IT3
Ci )'ti'I' RA( `t ()R'c laze I 1
lvttcic or Paragraph
Numlx^
CONT"RACrOR's Itat>ilih',,..,_ .. S 4, 6 1-21 6 16, 6.31
Csist of the Work . ,
_ _ 11 4, 11-5
Decisions on 1)isputis
_.9 11. 9.12
OlTute kestAftlOn
16.1
Dispute Resolution Agreement, .. -_
Iti 1-16 ei
FNGl',t:liRas initial interpre€or
11
Lump Sum Pricing.. _ -
1132
Notice of ._ ...._.
_ 1.7-3
tRVI-,F1ts........ -........ .14.95 9I -
Itl.2 I12, 11.0
_._. . 111, 13.9. 131.1.
13 14, 171
1 VM2 R's liahiht4
_ s 5
t:>NNER may refuse to make payment......
14,7
Pros,ional Fus and Court Cois
Include{{ _
_ 17
request For tnrmal decision On „_,,,,....._.
_ 9.1i
Substitute items
(i7.1
TiltMe.nsion
J� t
Time re-quirement:, ,--_ _.. _...._
- 3 it, 121
I mit Price t1i'or1:_
I I 93
1'-.flue of ._..._ .,...
....).1
Waiver { ll -on Final Painient. , _ _..14
14. 14.13
Work 1-h3nnejnrective _._._
11)?
written notice required , _.._. 0A L 11 1, 12A
E.'lariticationsandinterpretationg
-t.',At
Clean `;ire
_ �5..17
-..
fcxles of technical Sociev, ()rgantrntion
{lr A.ltitXiatlon
,
C'omrncncs rn�ht of Conti'm "I inaes
C.om m un icat ions --
general
1lazaad Communicatt(11 Prnatalw, -...
C0111 pletion—
F nal AlrpllCation tisr Fi"I"em-..-.....
_.. ..14.1
1mal hil;pection
14 11
Final Payment and Acceptance
14 i i-14-14
Pratlal r talr[ation _...._. .........
H W
',labstranual E'!1naP3ction_._ _
1.3R 14 Y-14sl
L1 alvet lA Clalms
24.15
t,Ojapwn utatof1`uncN
_-17.1_I7'_
Concernmu Suheontraators, `Iupphers
mid {3t1ter3._.
C olaler c'n4Y'-5--
mrrialli acvepiallItl ,ehedules
' y
pr """'MMaPal__,
...-. l.$
! t"innl('t.I.fior,:%mh7�Fltit_DI%4'CEI7dnCi"--
C \ I RAC; ; Olk to Report
can>tructi.nt, 1 061c stalturg by
' 'on Sariscoon Mlidnnerl b4luiptnenl cic
5 ontln,ana the 11-olk
o '0 1i)M
Cbnhaci 1�tk.tlltaeniS—
Amondlag _...._..
hJClx,'i;i NI R al CONDI U,1%SINlI .3 slTA- III] I11A)
u (Tn' t 4 H•R1 Aa,ra I?t'y f1 NI;rprfl 99?j
CaO Aflotvances 11 8
Article or lbragraph.
Number
Change orContract PAN .......
('bongo of Contract 1-nnes
'H
12
Changes in the Work-,, ........ ....
10.4-105
check and verily
ChffffiCati(IIS and
Interpretations 2. 3 6. 9 4, 9 It
definition of
1,14)
UNUINEER as initial interpreter of
11
HNGINFER aS OWN+R's iepiescnititive
9 1
goicruI3
Insurance
Intent
1 4
noinor variations in the Woik
36
tAVNNliXs responsibility to furrush data
N 31
OWNNFR's responsibility to make
prompt payment, 11 14414
13
precedence
3 1.:3. 3.1
kiccord Doccanents
Reference to NtandardS, and spocificaitow;
of wn imi mom cries.
33
Refined Work ...
72
Reporting find Re5olving Dkcrejnnoc
2 9, 3 1
Rouse of.
7
Nuppicnienting
I erraination of ENOIN"UR's Finplo}nicnt
.3o
8 2
l lnd I'l ice kk'ork
11 fl
Vl31,11ti0Mt ... ...
01 A 27
N't,14 IS to Site 14,N( j I' 'N
Contract Price—
acljwstaNnt of 3 5, 4.1, 9 4, 111 1
11 2. 11
C IMVC of
I I
Occision on DiSputes
,16111iflon or ... ..... ... .1,11
('ontract Times—
adjuAnlentof 5. 4, f. Q 4,
10.3. . I
Change W,
12,1-124
Coni mri-icoment of
23
let) 1111 it m of
Acccrtaiuc of Insurance
5 14
k-,oninlunicatiofls
CordlnueWolk
lo -I
coordination andscheduling
d0finilion of, , , I I1.13
WHY Rdinowe on Adumil
Daut Authorized
4 22
Ma} top W{A vi I clnlirjakC
lwwWe sto ovens to other,
7 1 11
S,ifeo} .tnd ProtocAion 4.1 1 0
lf+ o I
& 1vo 21
7?_ 132
!;hol, Tomking and sample Revrep
low to %Nnud
E
Slop bark requirements 452
(*O\v I ke%C'T()R'& -
Article or Ruagmph
NunMkT
Compensation
(701111nulng Obligation- - ........ . .. ....... ___...
14 15
Dfe�olive IVork_ , ...... _9 6. 13
If)- 13 14
Duty to correct okJkCflve IV(-Tk,
13 11
Du W to Repwv-
ChangeS An Me !Kmk cowed by
Emergency
623
Derects in Work of 0(hos
?3
1111MAngCcithumv,
113
1 kiScrepanev in Docurnews, 13
2, 6 14 --
I, nderground FacitifiLs not indicated
43.2
Linere-encics,
.623
Equipment and klachincry Rental, Cost
orthe Work—,
Pee -CAW Pins 11 4 9 6 11
YL I I
General lArranty tind umunnee
to)
Wnd Communication Progranis
6, 2.2
Indoinnibcation - 6 11 6A 4
63 k6 33
Insreolon or the Work
73, 13.4
IANY. Nintenalvand E"Wnnent_
6 06,;
I= and Rr2ultnions. Coiophance by,
614 1
LiabdirN Insurance
5.4
Notice of Intent to Appeal
9, 1 o. I A), 4
0,11gation to perform Illd complete
[lie 1t ork ... ... _ _ . , .
(, 3o
Went Fco, and Ro,allioApaid for bn,
f, I ,
Performance and Other Donis
5.1
Permits. obtaincd and paid for by
o, 13
F I ogies"; SCjiedule 2-6.
(,.o,
021 lot
IA2 1
Rrquo-.,t for formal decikaonGn disputes -
Re.,ponskbildic--
Changeg in the Wrk
C"oncerning Subcontractors. Suppliers
411d
n.
tbanuingthe 'Nork
6 20, 104
cw<,rR -%(, roR,S,,spcnso
7 1
Oirk VTOW,; Genend Wozrant_v
And Gummi-nee
6 A
prior rot!AxT,
f',tao:uig or Suinple submittal
3
Coordination of \kwL
0 q
evidualAtin- Subtiluiv,
or "Or -Equal" Items
0 733
ko ,AOmid ( hui. �Aorv,
of (Ahou
for ded1j,'6W nnourds-niSLANOMV
5.9
general. 1. 1 1 . .. — I..., . 6, 72,
7 1 R.r1
Communication 11tvirant,
22
lrldcnlnolcahon . , - . I ... 1
6 3 33
Wlk' 14,NMAL 9 ON A I i( NS 190,si I 990 J, I it I r,,%)
I rY (A FORTOLJ,1ti�,j NVAMP A M-Nfi I RIA q S))
Lalxy, Materlaleand F,quipment ._ .__ A,
1.nmand R,egulntions _ _ _ 0,14
t.iabdit-v €luurarnx 5.4
Article or Paragraph
Number
"a%ice of a at ration from Contract
Documents _. . ....
6.27
Runt Fcesand koYal tes_.._
6.12
Permits ...._..._.
6,133
Progres Schedut4. .... .. _
_._ `,f)
Revord Pocuments _..__. _._.
6 19
Muted W k palumed prior to
EN(, I\EFR's approval of required
su mtttals _ _ ..
6.28
tarestnwlural loading __.... _.
._6IN
Tat ty and FI (itection _ _ _ _ 20,
7 2, 13,2
Safet%- Representatt yr _...
6 2f
Scheduling the Work .,
..._ 6 02
Shop Drawing,t and Sampfe
6 24
- -
Shop Draxing3 and 5amp1es13cv m
by1'sC7�iEER
Site Cieanl�nrss _. __.__
_ �l7
ubmittal Procedures s............._.. .......
t. 5.7
Sabsttnut . Constructuan Mcthoda
and M-o edures
_._. (� 7.2
Substitutes and 7V&q=V Item
6,7.1
Supertracndenw
Supervision
of
Surf mat of OhbgationR _...._.. ._...
0.34
1 ,xes ._.-_..
..13.S
1cst.and tns1vetIvIn
_...
I u Report ....h
15
tm I se or Seises. Ib tS Ix. ti ¢U 14
Rcamv Pnor to Shot, 1)taavma, or..
Sample Submittal,, „........ .....
625
RgJu to adju-;mwnt {era chany;;vs in tho IV,),
h i l
right to china _._.. 4. 71, 9.4. U.s, v.€I,
ti)._.11,1
1. 1tA 121.13.9.I4,a-15.1.15.A17.3
`+dktv'and k'f ctc:CLECYt C M 22.
11 €.".Z
''iulcty Reprcna-ttatnr
611
'Top 1 no mi s and 5n q*s Sulnntnuh
6206 6 28
`5ps cnl€Con, alcants_ _._.. ----_
_11.4-4
SnSstitate t bnstrudron Woods and Procedures C,.7
ruhsthutea aaol t tr-1 qta l- Reins.
hxynw _. _. ..__... _tz7.
t. n7.2
tiubeoniractcrs Supphers and Uthm
sllnerl'3SIl)t IT€ i :iU(�Cr €f7t.`nd.:ni`r,. It �,
6.'_ i�.21
Pakmcw by __.
(t 15
l scof 1're rn tses
tilts IS
as a;raubes Ild gudranteCt _.. -...-
fi.'+. 6 3iI
"nrantc ,:A riale
14.3
't ,n.cn ` eva, c RC(j[aimd--
t (; I'k U I t DR stop 1Fnrk car termmate
_ _ 15 >
Spar, at VIA ring SU{sstti Ke
and 11tywal C onlawns,_,
slFWanua: Complethm
tiI
_.._ 14.8
<"U'�"1t2AC'I'C)RS•-other_. _.__ _ 7
Contractual Liability fnsuranco_ _ S,jo
C'cnttractuat Time t,imits ..... _. - , 12.2
Article or paragraph
Number
Oi7rdlnaiA4n-_
CONI'KNCFOR'sresponsibilit} __..-
0.9.2
Coples of l)ouumentS
2 2
{"orr"lion Period.._.... ...._.__..
_....13.12
Correetion, Pscatoval or Accepmncc
of 01cmv Work-
in general ............. ..............Ifi&.l,
1:4_10-13.14
Aceeptmlce of'Defec'ntie tkrirk, ..__._
13.13
Correction or Rurncnal OI
Def"aveNNork__
6.30, 13.11
Conecuon Period
13 12
t atVNER.day Correct Pefective Work _..
13.14
O"AMRlvtayStoplSoik...,_ ..
„_...,13.1f1
t. o5t--
or`felts and fnspeeuons- _ _
134
Records 11.7
Coat of the 1k`cxk--
fioods and insuraoet, additlonaj,., ,, _........_.11.4
5 9
Cash Dli ,uotaaats
11.4,2
r"t>R1f li \('TOk's her
t l rs
Employee Expenses ._.
11.4.11
Exclusion. to
I I.5
t3enend 11 4 11 5
Florae office and overhead expenses..._.....
113
L,gee,anddamagea,.... ....,.,,
It4S6
Materials and equipment ___.. _.. _..
11.42
Nfinor expmses_ ._.
11.4.5.8
_
Payroll costs on changes _.. _ .. _...
_. 11.11
per foa med by Snbcontrac oja ,
1143
Reawds 11.7
MAY of aonttuttton OgUipnxnt
and machmery
11-4.3 3
RgWty pa}'anents, perms antl
hcenae tern .__
11.4.5.5
Sne trfhce and lempmrare tacihties
11 4.52
speclal<'.ansultanni t'ra's,'R:ac VO Wi
1144
"appleruattal -__....
_.1 Ld.S
lases rebted to the Nork....
11 4.5 4
i AS and faapectwn _... _ _ _
.114
11adS PnS(. as _-
I I-t.2
f°HnfeS fuel ;and ;ianlliffl tlCElitiNS
11.4 s 7
Wink aRzr regular hours-_ ....
...1.11.4 1
`mv ntg, Xwvk _ _. _. .. _..
11013 013 7
"unaulativc Remechcs. _
1 7R-17
�'Lattng, hnnag and IJAlCIanlL..
i
I Ima to lua f arnashed he OMIT
F
.. _.......
1 uI--dornition of
17? 2
1'cc+slons on I If4putes
0 1 L 9 1'
z9ldclrve--oEtC€nStic,n a}'__. _
1 14
.klec'Fiv1 tWfk--
Avc cptan_c of__. Itt4.1,
13.13
t Jk1 X; G! it ft 1h t i. ):r15LEau'� l'a to
Y?1't9y I:UII Ilia}
wC'iT'F ih i ,RF f'�i.i-1 V:� �D.;r)IF1=.".ill
\s 1R1•4 7'4v?
SECTION 00100
INSTRUCTIONS TO BIDDERS
Correction or Removal of _. 10.4.L 13.11 tili'.NIIXs Representative _ _ 9.1
Correction Period 13 12 Paynlants to the CON I RACTOkt
in general 13. 14J7 14.11 Responsibility for _ 9.9. 14
Rcuxxnrnendatirm of MItIlwnt 14.4. 14 13
Article or Paragraph
Number Article or paragraph
htt n Wr
Observation b} } \t3E'vF.;I R._--.......___......-.....
9,2
OkVNI;R May Stop Well - _._ .
13.10
Prompt Notice SI;elcs;ls. _._
13_1
Rejecting _
96
Uncovering the Work _
_ _ 13-,1,
I;ettnrti�ns
1
Dclays.............._.....,.........,...,,4.1-7 6 29,
12.:3-12.4
lkliveryof Bomb. _ _ .
2,1
Delivery ofcer- ilidaws of in lance - , _ _
_ 97
Detcrmmationx for t,nitprices
........... 1Li
Differing 506kirfach or Physical Condiltow--
\otice of
4 23
E°,c.GISTRIATRnAw . ... ............. .._.........,A2.4
1 oWS Contract l irrient s QmVe
125
possalk price and Finles 1d@stntanty
426
I. )zx.repnn�ics,lte fx3rtini;
and Rreolving "' S, 3 3 2, 6-14_2
_._.
fAwme ResolutM.-
Agrecntant_ .._ . _ .-....-.
16.1-1t6
:Arbitration._. _.._.. .. __..
. lb.l-163
giveral16
Mediation
1<.6
Disprw Resolution Agreement . �. _
16,1-16.6
Olspuws Decisions by 1;'AN IshR ..___
;> I kq 12
i,7ou^tm,..nta�
C„1ateS _.._.. _.._
_..-._
Itecordo.ln..
keusa of .. _ _ _. _..
,...... 3.7
Iiraersn�s det(nloon 0
1 Is
Ffi'ctoeciet4,5P_�rcetttar)t--.la[tn7tianoC,
,,,._„1 t
Frncr ene+ex.__.. _.. ...
0-13
1:NU ] "11 ER --
as inal31 11 t1'rlrl etir on diSglutei-., _...
9 11-91-1
delintnon of _.
L17
1. n1laanous on aulhoritr and t pnrtsih4ht
w, -.. 9: I"
1C,'p 8C211; e431 bl. _ ..__
_. S'?
}tegdr» t f'riile t Repre ental ivc
�� z
1„ WIC M.1.R x Cans4uAnt -- dcCt hIm of
E,Stl1:* I A M
mahoray and re1pvnstdo lnmmnm,, on
,.. �^.' I'
Anti tiliz,"d i;nrauovs in tho Work, ,
`) 5
l: h to e ihde:s, rczhonwhilay For _ 97.
In. 11. 12-
Clanticstions and lotUlaretad,ms ..
3_6 3, 4, 4
r)ec lions ou rat ,lnitc,5 _......
';'.I IV) f'_
do;,k.1114eeo
_I3t
i'.rllualemoflllbsibitehems
�_73
Llahlhtc
6319 12
\,)net AAO1-1, I, A eptable-...-..
-14.1 3
CttTcrWon, -
,I, ul a •J.t
Responsibilities--I,inntations can,.
..9.11-9 13
Review of Reports, on Differing Subsurface
and phpsicalCondinm
_42A
ihop Drawings and Sampler review
resnsihtlitT__..
+=42fi
Status tiering CulsorIction--
authonLecl Narlatiorn, in the t\ nk
9.5
CIaQuallms and lnlerpremianx
94
DeeisionsonDisputes _. _
_9,11-9.1-,
Determinations on t'nit I"Twe
_ _ 9.10
ENGINH R as Initial Interpreter
9.11-9-12
E NO'NERR's 12"ponxiI)ditiec
_1 9 12
Limitations tin G1,,t41NFkl s Authority
and ROPMsibdltiix
_ _ 9 13
(lw\' R's Represcntatice ....
�. _.. ` I
Project Repiesantatne
9.3
Rcjecnnt! 7>tz%actrvr l6 wk..,.
... 9.fi
Shop liinlaing,, CI, ingc <trders
and Payments. _. _ -
_ _. 95 tl
4
i ohs to Site
42
i=tut Price detenaIIna ical's
.... +), to
A 1t,ItS ttl te.......
U
"lawn consent trewr al
.7 �, A 1
Eduipment, I,aW Nbiitenal, anti, .....
.....6145
...114.i
tiqutpmt4 cxten4at vxt; Ccrf Ow 4k_.
INuivalent Mowhals and JAII.ipment
.._ 07
error Or VllloSi U1tS _ _
.... _ o 33
u ldenve of Fbuncral An<4Vownts
8_II
Exploratlona of ph}eacaI c t"!It 0I1
. _.... 42.1
Fee, r' INTRAC1PIuc.
1I o
Field Order —
definition of _ _
1 19
txsucd hti ENOI tililai-
3.6 1. 9.5
Finial _Application for Pa}llent.. _.._
14 12
Final Inspecbcm .. , _
.......-.. 14 it
Find 1'"M aft --
and Acceptance _. -
14. 13-14. 14
f'lior to. barcash allotfsnces
- € I
tl Clli'i al llli)41 on,,
IT! 114
(ieneral kegoirenienl s
JeRnitkoil of, _,... ... ..,. _...
..... _. ..1.1)
principal r tcren:e, to. _ '.n r 4,
r.WO 16 24
t l n tn8 'notice
17.1
tiu.a anlNe of LC,I�—;s t`t i_.l k-tt TC.R
_63o, 1,4-12
Hazard Coinlnunt ztton Fri grants
I l'silciWMSAi'4W —
dt"I A"on 61... _.....
........... 1 -�f
golus41 _
4. t
i VNI•W, rctpomlbihn lol
.. In
h 1 k' ;i, N I It rt , ,)NOI 11, Zvi I410 4 i I ego I lli!'I �'N)
w TtIAItkl� U.NIS\i$MIltA W,1,ntVT%'°1'r))
Indemnification 6 11 6.16, 6.31-6_ 11
initially Aeceptahle schcdwles _ _ t 9
lm,pcetian--
Certilicates of . 9 13 4. 13 i, 14 12
Final .... ...,14 i1
Article or Par„graph
Number
Special. required bfh_N:GlNf3;1{_
Tests and approval _.. ll 7.
13.3-13.4
Insurance--
Acceptance of byO NER_ _..
5 14
Additional, requited by chanucs
in tile- %tiork
11 4,59
Polore startinL the b4ork
Dodds and --in general
Cancellation Provision i, ._.
�- .,58
C'ertiticatcs of _.. -1 7, ?_ 5 1, 5A
11, + 4.13-
565,iti-s14,1)114,14.1
completed operations
4.13
CONri A( IY? of Liandul ._.__
5_4
r`c7itiTLA(lIORaoi5lectiorktocuverlipc,..
__. .3.i3
. O1tCractual Lntblhty _...__ .. _.-.
S.4.It)
deductible amounts, CON I As IC-1R's
responsihlht9.._,.,
rl
.....
Final Application For PnlTtent �._ _..�
� 143:.
Licensed insurers _
5_',
\alice requirements, material changes
_
_7 S. I o 5
CJpnon to Replace.. _. ,....
?. 14
e,tilerspsclal insurances
_. .>-Ill
t AiNER as liducfal-v liq tn,ureds ..
. 5 1 %i 13
( IR \['Ws Inability
SS
d r VNER's Responsibibft
_. lk 5
Pen lial Utilization. Properit hlsur me
Property
keccipt kind Application .ilnsurance
Special
R'a'icer err Rikahts _
_....3
Intent of Contract Uocunlcnts
1-3.4
Interpretations and C hniitiations_..
2.er t 9,-4
J nac stigiu i ons of pin xlud ' onchri onx .. ..........
. 4'
Labor, °ratciwl, andligtiihmcnt_
_�.6.3-6.5
kmds—
tindLaSerltcnl;i . . ........ .. ..
�.4
Al inlxbiIity of �.. _ -
_.-1.1, 8.4
Report, kind I eqt _.
_. R 4
Law ; and Ri~gul t ions--LaK s rl lc gtrlaticxt:-__
Rc�tds
•. 1-5
Chances ill rile ti'ork
P1.4
t lluact D,.q iuncntr,...
_....., . 3. t
('( P,, MAI l R'fS Re pe7n4ihi hno+i
I, 14
I'arrcClton
,:it of the Sl kA, taxex _ ....
11 45 4
defininon of _.._..._
E+cncaalci. 14
I n.lem nil it aj m
6. 31_1, 3'
Insurance .._. ....
5
Precedence _ _...
3 I, 3.3.3
kel'erencc __. ._..
Safety and Protection
(, 317. 13.3
Subcontractors, Suppliers and Others ,_
e S-o" 11
Articic or Miragraph
N um leer
'I"ests cold inspections__.... _._
) 3 5
I Ise of Premises_ __.___
er 16
Visit, to Sue
1) '
Liability Insurktrice--
('0NTRAt'1t)lt's................ .....
i4
)WNIdls" i,
3 S
Licensed tiuret:as and Insurers
I.icns--
ApphcationCorProgremPayment, _
142
C W, feedC I'OR's Warranty of"ritle
143
Final Application for Pavment _
1,4 12
definmon of
1_'_3
Y1 alver tY{ r 1i111nS - _ ..
14.15
Limitation, on EA`GIN P'R's authority kind
respr�nsihthtirs_.. __....
913
lamlted Reliance br C.I RACI Ok
_itahnk Iced _ �t16
.. _..., _...
4 ^__z
ll:untennna and o,ie.mong \hnuak_
Final Application tf,r Nklilcnt
_ 14.11
\lw)u:Ik (VI Others)--
PreCBdenc.e _
3 3.3 1
I:�feronet to in Contract 0o"tilents
3_i 1
Slate€tale and edntpmant-'
tnrll351lt1I by 1 RA( Ctk
6i
not rn,:orporatcd to WorL.
�rateriulsore.luipnlent--equivalent
7
tleclratioll (optional) ...
16 i
L24
'�Gsc-eilarlc-o �,-.
Computation ot''inles
17.'
_
k'Flrllul,ItwR Iienl"llc`i
-17.4
\4 tica of ('lairo
_173
hot,.,Itrlll Vc,:f:ind Court Costs nclndcd
17. `?
-.
%lufti-prim t ,tttracas _.
7
??t>t `.hnu`n or Indicated
4�.�
�.c tife of--
aeccplabiLt% of Moiect .__.__. ......_.
. _34,13
AII, rd Jellnttion or
I 't
Claim _._ ..
..1,73
I7rfe�a,. 11. I
I)d onni S&ISIArtac.e Or I'h_vsical Condaisns
4' i
„ring
'
rsls and I'Tcciiolls L1?
.'uliaLnrt ]lap111auingkind Saltplc.. _. ii'7
'' )t i,e to Droceckl_
Lb I IIIII II h .,f
1111 .'l
t X I Y.' t [ RI ' A], ('I M ii I , INS 1':rt+ .g t l 9'0 i 1rU11 Ill t}
n'(1IT (11 E RT'%r;_H ,5 Vt Duds_ AMAS M-\ 9 59(
NNific.11tion to surely
o's
Otwervattons, b%,
341, 9 2
Occupancy of the Work,
5-15, 6,3o 14, 14,10
Omissions cw acts by C% NIUMAUR
, ,, , ov 9 13
Open Peril policy form. Insurance .
. ..... 562
Option to Replace ........ ....... .......
....... ... 514
Art ide or Nragriph
Number
"Or Jiqual" Items
07
Other work 7
Overtime work--proluhalon of
53
OXV111111<—
Accclitarive ofd�levnwv \kojk .. ... ....
_13 13
appoint an FiNGINEER
WSfidUCIATY
[v-S 13
Availability of Lands. rCsponsibilny
4,1
definitiou of
1,27
data, furnish
8 3
''stay' Cot fect DcAlefive Mirk ,
13 14
My ridbniv to rnnke ImyrnvnL
04.7
Ntay,Stop the Wrirk_
lif
May Suspend Work,
I erminale 8,S,, 13 10-
15,1-15 4
101mvit. make 3. 144,
1413
pertoiraiinceolother xvork
71
permimnnd lwensefi, rctjutrejvenis
f, 13
rurchised insurance requirements
Neq,tunive of The 'A'ork,
30 2 5
('han8e k ji'ders, obligation to ex"utc ....
.. N,o. P) 4
.. .... ...
.. ...
'Ition of the J%r crk-
74
12imptex request Am de Wit
inspections. tests and vinvWK
W.; 114
Lial')4ty Insurance
Nouce of Dewet,
Conslfwtlon,
LWINNEWS Swats
o I
.Wvstos. P(T1 , 110tiotculn. fiazarjous
IN wite or Rachowive %Jalerial
111, 10
Change 01jel s., , , , _ .. . ...... ......
.
.. ... S is
Changes T1 The k"'olk
14) 1
communications
('0NIRACI OWS
Ve jdejlcc of fiflanclal af
mpecuonn, wms and approvak
N 7
M."M alWe
IwW, and woments
44
prompt payrn.cw by
8.3
of Ey.O
11.11 2
rcpnris and tomr,
8 4
vr or suMvnd Wak x S. 13
Iit I' I
wil"41 .Ile at �u
testing: indeperident 134
use ix Occupanvy
of the WoEk . 1. 1 1 5A5. 6 30.14, WAO
written consent or approval
requited,., , , , I — _,fir 1 3, 1] 4
I KIA"I NER-U, k ANTI �!,S 1YIi,-S f 199" 1 IN 11, ?.N)
w" I IT -IF kIR-1 � )LUNN W-,D1rR'ATk,\SikM 9 99,
Article or Paragraph
'Imnhcr
written notice required .....
_ _ T I, 9.4, ci. I I.
12,It9-14.T15.4
PCRa-_
definition of
1.29
t,erwral _... . _.. .... ....
_4 5
OWNER's respsositmh for
8.lo
Pmtlal I tihmmon-
dei"utition of
{.28
general G.3ii 2 4 14 ho
Property hisurance....... .........
........_ ..5 15
Patent Fees and Rc)valucs..................
....... o 12
Pa}ment Bonds
Is 2
Pynie nta- Recommendation of . .__.
14 4-14.7 1413
Payments to OAN 1 R.AC` UR and Completion--
.AppllStlilon for ProgressRaymentS.
_14.2
CON k;ACIt31tsWarranty ofTitle
_._ 14.1
Final Appliaauon rorl'ayment
„ 14.12
Final inspemion _._
1411
Final Paymeni and ACrcptanec-�
4 1514 14
Partial I tilirattcn__..
� 14 to
Retaata€e
_..., ........ 14.2
Ne'rterr of Apple ulona I'mr
i re, roes Ra}nnsnts.
145147
prompt pay-mant
S.3
Schedule cC \ Whles
Sub;tantiaJComplcuun
145-I4.9
tt`3no of'CPaims
14 I±
N4 IWn pa}mrcntc dnl... ..........
... 14.k 14. 13
rantslrctldinc haument_..
_ 147
Pcrrornninct Pond,_.... ._.
.._?.1-5,2
Permits ... ..
_._._.
Petrolcuni--
de inalon
gene: al
.i.
( A' ISW responAl)1171v rcn
- _....._
. S.ItM
1'h�+si d (WndaKms--
1)rnt,ngsol inetrrelattng,it) __._
_._4.2.1.2
�rip�tihR', rry icrs
424
ra>tinz stru.turea4
2 2
Mlle vl 111fcnng A1b6ul tilec ol...
_ 4,2.J
Pe+s,u�le Contraet Ikumlents Chang _
.115
Fussahle Price and rimer :rdlwamente
4 2 6
Rd�artsundl'narctn _ _
42I
tith,udkeand.-
42
Sul surface 6 ondithon-;
_..
4.'2 1 1
1 "hhwd I mu t.l Iliad Rd1Lm BV' 11l
MYFRACI i t(.' Alahmmi
a 2.2
I Illir rOlinll oilit.e.5--
g,k,tw al
d 3
,o! Shoen el tndlc tcd _.._ _ _...
4 3.2
h orM ion rat„
43 ti,'0
Article or iiaragraph
Numb r
Shown or indicated . _
4 3.1
Technical Data
4 2 2
I'reconaruction a-onfer2n1u,_
Preliminary Matters
Frahm Panty su'liedules ......
-.�
Premises, ( se of ......_ ..-
b_t6-6.11ti
Brice. Change orContract
Price, Contracl--definition of,
N-r>gress Paymea,t, Appheatians lei
14 2
Prol;r<ss Payment-•retama6c _ _... .....
142
Proeress srhedula, CON MACCFOR's 2
o, '.fs, '2 9,
(r o_ 6.2%
IRA 1111
Project -de Cmiiionnl,_- _ _
31
Project Represcntatir c--
t?NO EF.R's Status During Construct ion
3
Proiect Rcprehantatiee, Re'cident--dctinition of 133
prcunpt paement by OWNY'l:k_._..., _.............
.... R.;?
Projvrty Imurnnce.
Addidonal_-__
... _.. *.7
gme'rdlS Q5, ll)
partial U lizaticut _ _ _---5
It Id P12
reccip'C and app6exUon ofpreu.e.ulA_
s I2-s. 13
Protection s�`ial'etY and .,62it
..._..
t, w, In
Pullotltsr. _.11.._.
14.tl
Radionctive ' taterial--
de MA Wn of,
L 3''
gmera14 >
C1144}.R's res-yoaslbdltti fro_. ....,....
R.Ill
Mom mendnuon of I�as m cnt ...... ... , 14. 4.
14 V 14. 1=
Recordlkxuments_...__619,
141'_
Records, procedures Cor maintaining
Rcre�encd 6'cnrts__
4.4
Reference to tit: ndai ds and Speeiticattons
of Technlmtl .%wietw
'
Rd4ll(ation4 Wound (x7.......... .__........._...
,. 6. 14
tteiecting PePenre Work
Ko
Related R%ark--
ut 'iitr
7 47.3
Perkmcd prior to 5hkTp l raevings
andSarrple, nuhinmalsrekwk%....-..__
Koaneelics,ewnulatac.r
174. };.�
6e:moval or e'orrectian e+rf:&L'tWe P ork
I; it
yenta€agreements.<3U.,Ouppioval rapdred
11.4.53
10ascmait col GS.c l'tiE'IiR. b}OWMT
kvi,orting. and Remch ine
INsagvneam 2 5. 3
3 2. 6 14 '
Reports --
and I kawing,s
4 '_ I
and Temy MAlil15 I wp,iw,l lhq
_ 11 4
I e"kni W PnNwt upr wMahCe--
deWlon of
provision lot .. _ v 3
IXIV6; VIPh1, CU::I at Kj! S 19Ii•St 7I])Ittel:<i
er 0TV iit I (Rl e`C1r.Lt CIOr)IFIC,A I I, NS iRVV 9 94)
Article or Paragraph
Numher
Resident Superiniendent- COX HCACOW] 62
Re ponsittilities—
("QNTR,,A6`Ti �1t' .u) general . ..... .. ...,.__...6
F.Vc,1 hER'.-,-mgeneral.-. , ,..
S)
Limitations, on _....... _
_. ....`> 1"S
IAANFR`s-in general,.. _-
_ 8
Eteui in a e
_ 14 2
Reuse of Nocumems _
a:7
... _.-_..
,k Revicli bl 0)141 R-iOR Shop 7)in41ng'S
and 5tlmples Prior to Submittal __..-.
_., _ 6,25
Ronieta of'Application:; foi
f)rcgresa Payments - -- --
.- _ 14.4.14,7
Right to aI% adlustment _ _ _
_ _l0.2
Bights of Wrl\ _
4..1
Royalties. Paton Fees and _...-
. r; 12
Sale 9trvctura§i.ondmgP;.IS
Sarcl>--
and hoteclion. _._.,..._
4.3,2, t) 16, 6.1S,
620ri21.7.2.12
hahrasu'ruativt.OP I'RAC" OR's__..
Sa mpl ec-.
definition of
41encraI
_1,24-6.2Y
kevtru bvt"elN,IR,V "I OR
suhntittal of
24.2
submittal prilceduWS61
J'
Schedule of i,ri1'1re5ti
r,ll 1114, 1>.3-1
Schedule of Shop Drawing and Sample
Stihinittal_s_,_._ _....._.. 6,
2 \ ; ya, ne rd-ti 28
Schedule or Vnlws
_— 14 1
Schedules--
ldhcl etwe I,,
13, 1
t'hatl,co Of f,unll I\ I Tluw,5,
in nrni14 AC,Cpudfl - _
y S_ 2 9
Prchn)inara
_ 20
Sc<11ent Cllie7lpe) _. ......
103-1 JA
`):ibsUl tJle {�JRdIC3i9nS . -
�.21.1
Shop tIrusing>,-
9110 mlrlle's,
-
�,h nivc t hders 1. AI pklillon9 for
tavincnts_ and
9.7-9 9
'Ietillii[Jn 1)f
I.3i;
I 's P fY ahprovl1l al
ii'e. 31�1 f_1:s n'sp.twiibltrtp
t, r Iet clt ...................................
9 7 6, 'A a; 28
r, ililed Work
rev=rl pw,edllle ...-. _. ..,
.. .' x. �1 14-623
Article or Paragraph
2Num llcr
subitittal reiluired _ _
624A
Stlbmi€tal PIOCdi rcS _ _, _,._,_,,,,,,,
, _6i,21
use to approve %Ifttittmons _ _ .
6,7 3
Shown orIndicateti.,.._............ _.,._._...43.1
Site Access ._ _.. . .,.. ..,_.,...7
2. 13?
StleCleanhness __. _..... ..._.._
_...fi.l7
Site. Visits to --
tic 1i%GVyTFR _
`?, 13,'_
h}' Others
13 2
"special wmscs of loss" Polio fornn,
insurance __... ....._.
..?.6-=
deFirrinun of _ ---
._ 1,36
Spccifications--
dcl,matron o __. . _
l-36
of' Technical socletics reforcnae to
prccxlence, ..._...... ..._._.. ....._....
...
..3.3.3
:standards rind 5peciiicaimns
of Technical Sociche _ _
3 3
Starting, Construction, Before _..
=15,18
Starting the stork _ _ _ _.
24
Stop of `suspend Work-
hvC"t)'e'TR_l I0Ik
155
h)()W\011
Storat xe of mawri.ati and equipment.. -.. _
4 1. 7 2
Structural Lwdmu. Saute
o IS
xt1 cesntraclar—
Conceraline-
o N.6 1 1
delays
t. dryer Cat rights__
�U1A:P3ttraael(?E S-9❑geucral _.. _,_ry
1-A.11
Subc1)rDinlets- Irqufired pni l5ion ... 7 11, 61
1. 11 4.
Subm ittals--
Apphcatirn> fill Pa�minl..._. .._...._......
_ 14_'?
19ainwnanee and UP rinun Manuals_. _
14 1'
PrOCCClelres
0.25
Ilrogress Schedules.. _... ...
_ 6. 2.9
Schedule ot Valurs.. .... ..........'6,
141
Shce`dlde ot 5h� Or<l inu's and ti.nupl
Sul)m issinns 16,''8-'.J
_
Shop Drux:n4:a
3ulataniml I t [apletiJn—
Certrticalamol... t`'i11.�. 3,
14. x.. 14 1)
ele*iinilion of
SubNknate r'rnlun=.a1on € elhuds or Prow juies
6 72
Substnutcs and Or Equal` liem.%
6 7
({ IN I i, rA( I l )W!, ivc.... - ......
f 7.1-3
6'k}IVL-t ', licaluevon _..........
1, 71
ar- Islttill
6 7 t I
,-,1nIv,U11,nC CowtrLl9twn 1lethods
'•t#tl t V,I h, Rib � k"a)I flv '4S t93 V 4 it`fau 51a I"4titi}
1e I r. 41l° Ft R7 ):'991
Article or Paragraph
Nunn her
or Procedures.,_... ......_
6-72
Substituteltems
4712
Subsurface and 1'hvsieal Cotuiittons--
Drawings of, in or relating to _._,.
_ .-.... 4.2.1.2
1 vCrlr�lHKu Review
a v�
general...-
3 2
I Inted Reliance b;' MN 17RAC'TOR
Authorized
4 2 2
Notice of Dit`tenne, Salim free to
PhysicalCondrtions. _.__ .
_-_ 4.:3
Phisrcal <'anditions _ .-
_ .4.2 1 -1
PoWble i'ontrrct Documents Change
_.. -.,. 4.2.5
Possible Price undT"imo, Adlustmems
4 (1
Relxxts and I )ratvtnls,
4.3-1
Suhsurlitcc and
^
Sulzsurfsce ConitIions 9t ilia Site
_ .. 4 ^_1.1
1 echntcA Dwnt
4.^- :2
SerpGrKSSIgn--
O.'.IitAC'IOlcsregmsindrtp__
C )t1 .yh.k 5}lAl1 not super i Ise _._...............
....
I vGINE,F <shal€ rrcA s-upervrsc_...
3.2, `.' 13.-
Superintendence 11
n 2
SUparinicnderd.CON 1It.ACIOR'sresident
_ n
Supplenrentvl wst,_ ... __
..,-. 11.4s
C-_ Suppletnentanondstrons
delotgtion of I._. _.___.
._....__.. 139
principa(retrrences Iq, 1 lo,
I.IS, 2 2, 2 7,
-. 4 14 3., i 1 ti
s. ?.4. 1 (, i sA
_11 0S, 6.13, 7.4, 3.11, 9.z.':L 10
SuppiententingContract .Lbcuments_.
Supplier --
definition of .�-...r
._...... 1.41,
prrlwip<il. rcrucmev t.l, ,r�k-6.1I,
rt.'_(i.
_ 6 24
),1 14.12
Waiver of RrithiN
5urely—
c n•ent to final p.tgmcnt _ _ _._
14 12, 14 1.1
1 `u.1INITR has no duty to
0 13
Non1 aliomA, lU1-10
_
FS�
_...._
qurhEieation Of
Sun real of Obfieatmris.
_..
Suspend44'erk,OV,%JLRMae
_I.4,1(J_15,1
tiuspension oflkorl% and Iermtnation--
v7`C I"il )R \Iati Slep Work
err 1'emsinata
Cri1'vI.R \IiV Suspend lC„rk...
IN I
(A`Lk \Lt) lermmat�
Tas•.--13it-im�tsi�el`�':7f2VI'Pi)R _
_ nl
Technicahf?atn--
LiwitedRAjarwxbtC'tr^:f1ti1rIOli
l'
Posslbl£ 1,11c, ,Ind hiller dJUStale"Ir
4._ c`
Rc1101 IS of I rtrOl ME! fiuhwurPw° and
Phy�m l t ,en,.htrons
�e
4.2.. 3
'Iemporarvconstructiun6cthtics 41
lrtiek or Paragraph
51um her
rmnination--
lv�CO'v'TRACTOR .___...-
'1�_5
flyMNE.R.....-..-
Y.fi 15.1-15.4
c,rL�;UI'`li,tilrser„plc>pa»ent, _..._..
fi.?
Suspension of Work -In general
leans and Adjectives ...._..... _....
3.4
Tests and Inspections --
Access to the Work, by others . __. _...
132
CON-1 RAC I OR's rus1A3nmbihtreS,,,.
cost nl 1:3A
CON Cling Work prior In _
13.6-13 7
Taws and Regulattam (or)_
13,5
Notice of C1efeets _ _...
_13.1
_
Itb t '6,If.k May Stop Work.
_
_ _ 13. PI,
LAN71"FFit'sIndependent testi)g._,,.,_.,.
_....,,1.,14
sipectSll,FeilUVdd1511�u1:¢l?ti11?k ,.._�,
O.r)
limelvnoticer£qurzed -__
134
Uncovering the ork, at 1;NONT�' ws
request _ _..
i -I3-?1
Adjusting... _.... ..... _..... ...... . .. _.
_. 66
Ch ),.!e ol`C'ontract
12
Compca.ation off-.
17__
(ontrmet 'runes--deGuuion elf
day
leexlurrcmrnts--
appcalc
_10 16
clardica€ions.
chums and disputes _.... ....
'-'.1 1. 11, 12
t'oramencement (i1 t'onuart 1'Imes
Preeonsiruetion Oonterencc
tched.rlas..._ , .......
Starurig the fork ..-.....
3.4
rule, %r;Irtanty of - _
i4 x
ncovering Work -..
I?.5-13.'1
I nderLround Euclhlwti, PhtisIC41 t ,rrdu.:mr—
def-lmtnrn of ........ .......
....-,_., 41
"Ut �nJlg11 CK
protection of - _ -
4
}hvwIl .a' indicated
net 1)1ee'ti"ork--
rlasina ;
! 9.3
itefniltlotlo .._-.. .._.
1.42
goner rAll 1. ;r. 14.11 14. 5
I,xu t'nccs--
vc'MalI1.3.€
Detcrmin ttwn feu- -._.
t w eel prenniwS_ b 111
I. 1�,',F 4
t tlhn- ov'rwrs .._... E 3 ;.^_(1,
7.1
[ Uhfltwn 1'attial _.. _ 1 ^h c I �. 6
.€1 ^ 4. 14 111
t du., of IhC Ai r4,,,... ......
it ;
t alucs, � hedule ul
__ s ' ). 14 1
IJ,I.Xtt'a ':14: iLr.. i:�t}LIIt ,'-C letl
Y{l r`,ld)I Elei!e7
I "OTVtr F RT ('AAANd Nk4AI4€
illy YS•P.T- Jv7i
Variations in Work-144mor
Authorized., 6 2 1, 6 27, 9,5
Article or Fargraph
Number
ViOu-, to Ste --by FMNFFR
92
Waiver of Claim —on Final Plyment
III is
Waiver ol'Rights by insured parties, ,
.......5.11,,,I I
lVarnint) and Guarantee, Gencial—by
CONTRACMR
630
Warranty of title' CON1 RACP)R's
143
work,
Acce,'s to
1,112
by01hers- ..... ..... . ........... ........
....... - 7
Changes in the
11)
Continuing the
o2f)
(' ON FRACT(* N lav Stop Work
or Tenninate
Coordination of
74
Cost ofthe__ .. ....... .. . ....
... . 11 4-11 i
definition of
1 43
neglected by N1 R4 To R
13 (4
other Work
7
(AVINER,\May Stop Work
13 Itl
OWNER May Suspoid Work__ ....
_13 lo, Ili I
Related, Work at Sile
1-73
Starting the
Stopping by ('(-ATkAC'10R
15.5
Stopping by CAN`:,"Ek
15.1-15,4
Variation and deviation authotiad,
minor 31,
%oi k" Change Direclik c--
ublims purlutua to
definition of
1 44
principal rctercrives toll
3.5 .3, In I-lo
1Vrittell Amendlineill-
d0olltion of
1 45
pt nicipal rel-erenccs to lo,
3 5- 5 Io, 1 12,
I 1 1"
1, Il 1-, 2. 14.7
Written Clarifications and
Iriterpt et"itlotis
3 6.3, 1) 4. 9.11
Written Non" Requir€�d-
h\ COAT RACR-M ...
21 01(1-011
104. 11 '- 1' 1.
hyttli\1Ii_ Y 10-9 11
H) 4, 11 -1 13 14
(This p;ige lefl. Mant, intcritionally-i
\Ni i,,I( I X'i;fV,HAL COINTAIIOA' Vflli-6.1119- I H I
w, 0 T)',.,F I (YA.LV,:,NlolA I 4f A I Ic AS (P.F% 99Ro
GENERAL CONDITIONS
.lRTIC11' 1-4)hFT,nn ovs,
W7torever u,�d in these General Conditions or in the other
Contract Documents the following terms have the
means indicated which tare applicable to both rite
singular and plural thereof:
I i. rldc%min--4hritten or graphite inartments issued
prier to the opertittg of Bfd% which Qlarilj-, correct or
change die Bodding Requirements or the Contract
Documents.
I ' :9 rrzanrzr:m-1 he wriven contract between MNER
and CONtRACTOR covet rg die Work to he i arlexrm<[,
other Cantrme-r Documents are attached to the 'agreement
and made a part therccof as provided therein.
1.3. Alipheahon for Fraiwie nF= 1 he form accepted by
V% P NEti'R winch is to lx used It+ COX i RAC I OR in
reyuu�tmg progress or final payments and which is to lie
accompanied by such supporting documentation as is
rettuired by the Contract Documents.
14 lshznfas--r\ity material that contauis more INttt one
lncreent asbestos and is friable of isielcasitng astemos k ers
into tite air above current action levels cestabhshed by the
t:'nited `states t?ccupettional ','afenv and health
Akin) InIItr;ahexi.
t i Bid--1 Ire oiler ur proposal of tite fiddei �;ubinaued
in the prescnbcd toint setting forth the prteo too the %V oikr
to he performed.
16 I*dbrrg 1)txtanants—The adveerasement of
me nffitiokn u, Bidmstructlon:. w hlLklea,, tine Pad form. and
the preyrowd Contract I locuments (including, all Addenda
Issued prior to receipt -= t'likis),
17_ (idciing Reyunernents-=the adterusCrlcut or
nn' tatitm to laid- uvMnieuons to bidders, and the aid fa-m
1 S. Tian,(—I't°rfcrntanee and N) 11 Brit bo'mts mid other
snsiruntenls of wear ii.v
I Via_ CYrurrgo (,I'd 1, .A doeunwni revcunmended by
t1%Gl*,IT_fF Much is signed bs + )NIkA('I'0R aril
a )R s;FR and audtcu se an adclition- deletion a r-r i iioli in
the liorrk, er nit adjuNnlent in the c onnaU free or the
Contract Tittles, issued on c» after tee iz.IlectWc 1 brio of the
AI!rcetitent
I hi t.',Uafr cl lno,wmenic-1'he go-,mrni Ulenda
(which penaln to the C unload Doe umentsl,
0 t;v k-RN`1 OR's Bid (utclUJille ekte temcuttsti.rn
accompan_vinir the kill ,end amv paosi fill] dvKllm,ntallOn
vubalitted }rriur to the aGce of r)mare} when attached ats
an exhibit ,o the Atrcement_ the Iowa- to I'roceod rite
i'.-•OWS, the c 'ic^n¢ral T ,antlitiam flu; Suppiamcanary
r aaditiuns the Syr. -ill st ens ,end the I )lwwln"- :as the
t i,'I r( GJ \I KAI e` �VX 10l Into-g(1P twin""
sr ,1 TV L]P I rips I •-"+aria A`• AV )11t17 ('-A'I I+,�`,?IU �' S.Zp0u1
"ague are more specifically identificd in the Agreement,
together with all Written .Amendments, Change Orders,
Work Change f hret.Kives, Field Orders and E GNEER's
written interpretations and clarifications issued pursuant it)
paragraphs 3.5, 3.6-1 and 3-E3 on or after the Effective
Date of the Agreement. Shop Dravving submittals
approved pursuant to paragraphs 6 26 and €y 7 and the
reports trial dmwingreferred to in paragraphs } 2-1 and
42.2 are not Contract Documents_
1.11. Contmct Pnee—The momvs payable by
CAA FR to C'Q'TTRA(`T(tR for cunpletion of the tk'urk
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph I t O_t in the lase of ,:nit Price 1%ork).
1,122 Craiteuct irrrxs—I'lie numlers of days or the
dates %rated in the Agreement(I) to achieve Sulbsumtfal
C'ornpleltort. and in) to complete the Work so that i[ is
ready for final pa}iliont as evidenced by ENifiN11':'A's
written recommendation Of inat payment in accordance
with paragraph 14,13-
1I33 oY7itiMACTOR-=lheperson, lirm or corporation
with whorn Qli:4LR Maas entered into the AUcement
1 14 kfecrse—:1n adjective which when modifying
the word tSork refers to \fork that is unsaitisfactory, l-nulb
or deficient Ill that it does not urnfornt to the Coa tlact
Documents, or does not meet the requirements of any
tnsNotior, reference srmdwd, test or approval relone t to
in the Contact Doaumtents, or has been damaged prior to
F ''0TNT..ER's recvmmenclatlort of fitial p><acmeut 7turlc��
responsibility far the protection thereof has peen assumcd
b} CANNER al Substantial ("onipletion ill accoldance wall
Ixuagraph 14 Sol 1-1 10)
1 15 Irrai+tin}r--"Lhe drawings which show the scope-
eKtent and cfwnrcter of the Work to he J'uniidted and
peaforrI by Ct N-TR.1.IJOk. and which ktnra been
prepared aa, apilroved by E[t(,INhhR and are refelTod to
in the Conuact Documents. Shut, drrleirlgs are not
I )ftw ul as u' defined
116 Effecting (lute of the 4yreement—The date
Indicated in the Agreement on which it becrnnes effective_
but if no su 6 elate r, indicated it terns the date car which
the Agreement is sieriexl and dehvered bythe Insl (A the
two panics to sign and deliver
1 17 F.AW.%- PR— l he person, firin or corporation
mama! as such in the Alp ceutcnt.
1.18 AAt UAFFR's C o;ive1tunt—,\ person, firm or
corporation havuj� a contract with Ise.-C V FER W turtimb
wmcvs as FN,IXEFJL's independent protos:,iortal
assnuale or cotl-�ullant with respect to the frojeGt anti who
is identified ens such in the Supplemental v Conditions
1.19 1,iekf t nP,—.A writpcn order issued by
lilt+ANLER ichich orders minor changes in the "Voik in
aecorJancc with ix agriph o ' but which dcvs not ineoPx
a aluange in tine Contract Price oar the Coninm Tunes.
120. l;Iertetvi Rdquirametfts Sectrona of Division 1 of
phi .ripteifica ions
1 21 ITa>ardorL� Wavire—The term Ilavairdoux haste vhall
have die mcarthig Providcd in Section IW4 of die Solid
Waste Oisptvsiil .Act (42 t u' Section 6903i as amended
front time to time.
I 'tea, Law.y andl?,qulatiozv; Taws orRegututimis—Anti
and all al-plicable laws, rules, regttlations, oulnwricws,
codes and order.; of any and all &rcOvetnmertai IAzdic4
agencies, audWritles and COWLS hari1V j taisdictiaa
IA^ b legallloizck a_s}r ll be _dtus+ fiuIL& s alscrn'cd
by the Ci yof Fort Col lins-
1'_3. Line --Liao, drat pts. seataitt inte3eSVti for
ntcumbranccs upon real txtTcriy or personal ITol'erty.
€ 24 1h1,,N4nn2--A 1-TUtcipal event tilkv:ified in the
Contract Documents relating to an intennceliatc completion
ri,tie or time prior to Substantial Ccinpletion of all the
weak
1 _s NoIrce o/ 3aar'd 1 written notice by M s Ek to
the apf urent sucuwsful bidder sorting that upon compliance
by the apparent successful bidder with the ,:sedition
pr%s:edent envaiwnrwd therein, within the Vitae sped{sect,
o WNFR will sign and delver the:Aexcernew
t '4. -vonce to t'rekem % written nottw given by
okk",. d: to t c 3',,."I RAC I OR fnith I op to EN6lo lip l i
fivzg" ihu White tin ishiatt the t onvact Tunes 'sill
commence to run and on which r'V's l RX I Ok shall start
to pedants t O%T12At'1fiR'S obligatrans under the.
Contract D(iQimetlt4.
I 'i ti C1 ;i EI?-=1'Ite public ixxty cs anihonly-
Wrperroticin, a.vucimtion, iirut or person uxith whorn
t'tr;vVOCtr ih hs: emeted into the Agiemiient and for
whom the ii%i is i, to he provulecl
1 N Purnat t itrli.ana+a -L'ac be t iR n1 ie
substnnualh comp,letcd tart of the il'oik tot thz Ix rinds
ion which it is intended for a related purliosc) peed to
,) M[WiAl COTTIpletiun of .al] the Work
I '-t 1'r`131- E',,lychienrvitctit hiphenyls
1 3,1 1 w1001 01-Fctroletan, meludutg <ROc orl vt anv
dacxiotn ihereof tvhwh Is liquid ai standard eundnions tit`
temperatxrte and pre.�autc 160 degivvs Faliremhcit and
147pa,umN Ivr .guars• inch ahsulutej, such to o,h
petroleum, Inc] oil, oil sludge. nil refuse. gau,lure 7.cr-i,sene
and Oil MIXed With pile[ rem Hri;carctciuc t\ 4st1; Mid crude
ails.
l3l Pfo!el--l`he hits{ corvuueiwn of Mitch, the %Vurk
to he pruvIJNJ under the Contract Itocuments ntiy he the
hole- "r it pan as in,hcmtel clwwh,rte in Site s'antract
I )cvlunents.
132t. Rcr.Brastrt-:.ilatrnut—Soured, slx(ial nuclum. ar
f1ypr0drrct mater,ril n> ierned I,% the Atomic finer") dot of
kr, P'GI',Iin At 'OM AII. t'it•«, t.wr� I f,$tFmi
wttI) pit €� 411 ';dI,IAt;"tm I IlI I A tiv',S Ut l t ITliap
W4 (42 t iSC Secuo t 2011 et seki ax unicrxied f rani
time, to time
1 3'-h RRgrrlrrr, lior*hig Hours -Regular working hours
art ... 4qf necl ..at 7 Q0an[ to _+a er(pm umess atla(urSe
sIx.ci teal iri the {',_cmrvt 4:equtrement";,
1 J3. boject Repiewnialme--Tho authorized
representative of I',\ rTNTkR who tnnv he assigned to the
site or any part therwf.
1-34. SS imples-Physical e.vimples of materials,
equipment,. or workmanship that are representative of
scmie portion of the Work, and wlveh establish the
standards by which such pcinion of the Work will he
judged
I ; Shop Draving,y-- 11t dirrvwrig%, diagrams.,
idtutrations, schedules rind other deta o; information
which are sl,ecificatllu prepnrol or msmhled by or for
CO'N RACTt7R ancj Wbautled by COr N-JR V,'r rR to
illustrate sYame portion of the Work
1.36 Spcei%icalions-=Those Ixoi'itcns of the, Contract
Documents consisting of written WhIlWal LksenpBons of
materials. equipment, conwtruUicn system facts and
workmanship as applied to the Wort and eertam
adinm auative c 'IwLs applicable therecrs
1 37. SiAvonPiuctoi-An inch dual_ hnn or eorporaliun
having i direct contract with COV'I RAC'ION or with tiny
other Subcontractor far the f,cr16rmance of a pan of the
Wo t k at the.. silt.
1 38 Srd)strmnul Compledun— fhc llbrk %or it
spec-ifted fort thereat) ra,s prugiessed to the point where,
in the wxinion of h,:GC 1 F.Hk as ,vr&rc d hl
I'tUTAE>IiRs deiimtive cerliticale A Snbsuritial
Ctanpl¢uon, it i_s; sutticientlr complete• to accordance with
the Coeliac[ So than the l4',Itk iyr apecl6ad
part) .an lie uuh�vd to- the purf*sses tot which it is
intended: in if iv,, such kcrtificate is istuccl when the
Woik is ccirupW aml read} for [hull 1,mmera a";
evidetwed by P'i,: ,1\LtSR:x written recontnierxdation A
fiat] fayment at accrldancc wtlh paigvaph 14.13 'he
terms ' iibi,unitaolh camplrte" sine€ ',uh.tanh;Lll.
conpletet" as apphed €o all of ply oaf the rVotk ref,:1 to
Stdstani'tsi Completion thereuF
1, 30. ,Supplenrervaili ('Und wit-, lh�r pact or the
'c>rntad 1locumcrit, tihwh amends or supplemanis these
t iencral c `ondaront .
1.40, ,S'appho--A mamfiaurer, labric.d<r, supplier,
titstihtitoi, mssftxialm{tr ex vpnci,,r hao-rine it ettrect +xx kjat ,
with r t,'v'I k.'1{ 1 VIi c=r unh am Subecntractor to
furnish materials cr egttipnnmi tU he incorl—rared in the
Work lit Cf 3`1C Vr I r ik o,i anv Sulxzrnu odor.
141 t'n.letcwtrn,f Fbcititn., \li pi;,thss romhots-
tlu,is, cabins. "ties. ivanholc% vaults, ranks. tunnels ur
other such faeilint, Ot Mc), -n ienta and env rnraweincnts
cnntsnnu-rg, such tauhtics which dace oven uvaalled
underground ik� furnish ant, of the fiidottin, sen'taa or
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
oaterials aleccwitity.arxs. ;team, liquid petrokttrrr
product,. telephone IT other eommunieations, cable
television. wwagc and drainage removal, traffic or other
cuntrul sysiemts or water.
1 42. Unit Price Work -Work to be paid tot on the basis
Of unit prices.
1,43, lhork:-The entire completed construction or the
various wparately Identifiable lyxls thereof re uiied to be
furnished under the Contract Doctanents WcA includes
and is the result of performingg or furnishing labor and
furnrs`hir€ , and incorporating materials and exluipmem into
Vic eonsuizefion, and per footling ar furnishing :icrvices card
ru niriung documents, all as required by the Contract
I kuumenta
144 Ifork Chang" t)trestlt'c-•A wrtuen directive to
r_O 'l RACTOR, issued on or after the Etlective Date of
the Agreement and signal by (all'MiR. and recommended
Ity E'NUWF'kk ord€`r•.irtg an addition, deletion or revision
in the Work. or responding to dilTering or untarowe-n
pliysicat evfii htionr owdet which the Work, {S ifs he
perfornnaxi as provided in rxim t iph 4 2 )1, 4 3 ar to
wergcnotes innier paragraph G:'3 A. tk'ork Change
t9irective will riot Change the C'oartntct 1)ice of the C:oturact
Times, Nut is evidence that the patties eV. cct that the
diange directed or doxumenied by, •a R'otk Change
Directive will he vworymrated in a subsequently` Issued
('hinge Ortler h4lowing negotiations by Elie laartiea as to ire
eftm, rf anoon the Contract Price ,or Contract "f meis
provided in jrantgraph Ifl-'
1 d>. Wraten .inKrnlrnrnr-A turitten amendment of the
Contract Documents, signed by (IWN'Rk and
Crti'fRACTc)Ci to or otter the F'fieclive Irate Of the
-t,gnxmant and na mall} deviling„ with tire+ nowngureerine
or nontechnical rather than strictly �strtraton-related
aspects ofthe C ontnict I),sxanenv.
U2TRI,E2--9'RELINICN RYNIATTE16
Deliver p of Boons:
I V hen I •C r' 7kACI OR deter ers the executed
t,\peements to art NER r't','F A("f0k Shall ilw
oiehvar to (AkALK arch bonds 'as RA'("CQ; racy
Yx• required to ntrnish in .xcorklandv Nviih paragraph S I.
a_'opiex of Dacurneins:
S1 M;k shall funa�sh it, 0 IC ' I RAC F FOR up to ten
topics "unles", ofliere: ise spucitied in the 'iuppkmemary
Conditions) (1 the Coniviot llo,'unems ar are reasoiiahiy
necessary, tot the execution of the %Vork. Additional c.copie�?
will k e liuntsh. d, upon requs'si- at the eo3t of t'plIktuci on
0wrinermentent oj'C ontruct Tinter; Votiee ro Prneeed.
j. The I'intes will Conunencc to run on the
thirtieth day offer the kflectice 17ate )['the Ajroement :v_
13C Say' Gt?4tpK led. +'� ry1 �1�RE"w`, r 1r q-� {i ,YO t�,c8iiwte
if a Nottoe to) Proceed is givens on the day indicated in the
'notice to Proceed A Notice to lko eeed may he given at
any time within thirty daps after the Effcvatve Crate of the
Agreement - Ezr a evwa2 + 1-the 4'k' nffoq jatnrn
�€ttnteener-ire-taut-lWrr-thart-t#tt4-.sttiketlr+la'Y-after aw-day
of Bid opening or the thirtieth day niter the I hectiy, Dfile
of -thee Agrreemati; Whichwzf ckrte is earlier:
Startingthe If'aug:
2.4. CONTRACT(,A ,dhali satin to pcxform the 'tott o&
on the bate when the Contract Tunas commence to ruck
Itut it,, Work *n1l be done ai the tree Ivor to the date On
which the C'otrlract Tnnvs co nnncrwe to run.
Before Starting Construction:
2.5. Before undertakingg each part of the t:`4`06.,
t'C?Y\'IRACI-OR shell ;aretully siu,15 and w4upare the
Contract Dceumerma and check and verifg ponincaa
figurck shown thereon and art apphoible field
ntextsuremems. CONIRAC'FOR shall promptly report in
%miting to F: 4(1t1rMi'.x am Qonfllct, error ambiawty Or
discrepancy which C'OAI'RAC"FOR may dvv:occr and
slvaU obiom a written interpretation or clariircauion from
ENOIN'F" IZ helore prcxeoJing with any Woik affected
therelw, however, r,t?'v1RAC1OR shall tmt Ili= liable to
OWN Jt cat f?'GI :hER iir t§rilure too report and° ewrtliet,
error, ambigoltc or disriepancy It,, the Contract
Doo:umenfa unless o' \r kAC'tCiR Meow ,r rai'uk)whly
slaauld} have known thereof
fed Warm ten 41er rim T"trcenvc 1"iae of the
�grecmeru iunlese Otherwise stnccifred in the general
Requienrent's) CONTRA(7O12 shall submit to
l;�i(it�:Ll=1t ti?r rep dew':
3 t_ a prelimirmrl picgresa schedule aidiehtme
the times renumbers or day or dates? fit swima and
cavpl<turg the vwriow. st:Igs (,f the tCwk ulclnchng
tiro Alilesiones specilie:f m the "'ontnict I. ocuiems
c w. a fitelm hilly echedule Ot D14'eine and
Sample submittals which which milt list each required
arbmaW and the thrice fort ,uluratluiaui dew ieeg, and
IvC�c�e�tatng inch subm �tht? .
6.'_.I In no o'Ise red+ell a schedule he
aceelxxhle which allows de'+v (hart =1 calenttsr
love too eaat reciew_by tsiIntxyi..
6.3. A piefinntnar}su?tklule col' a,alue tar all of
the ttbrl: tshi,h will irieiudc quomdrle.. and prices of
items agerepling. the Contract Price wed will
suhdtetitle the l\ ink. into? c�,m:?anent lxnrts m �udikient
detail to nerde v: the haIIN Irr puNmeriN
Ihmnl, evotsiruction S wh prces i0t Include an
approprrata :unount of oesrhrid nrd l-rt>ISt applicelole
I" rich Rem e,I'liodc.
2 7 BefOle one St aril al the site is s1a ted,
r,ItZ=At'dOR Rixl-Crµ?;Ek tJi;gI eaar deliver p, the
t4hef U t N_kK wlUt u.opte„ to ca tie-Kel.l+tH•nal -ir ttrc�t#
Iderint€ed it, for Supplementary �'„nditbons I ,.11 •:F:I•.R
certificates of Insurance (arid other evrduice of anstaruce
wht h-enkk cr-rf 4#ett-er xsw a€klitit�nr4 iruarr�tii.._nnty
rtsenmblr "tw-t it. ested br C3lA EK) which.
't a'v'IRr1C?I't }it. nci-t*3 k-re,Veetwdit me is required
to purchase and maintain in acconLirxc with
paragraphs 5 4, i 6 and 7.
Precensirw1ion Conference.
_'.Y. Within twetz Sys alfttr tIle Contract fines start tcn
nun, but before any 1Vork at the site is stalled if conference
attended by CUNTRACfM HIIGI LEER and Gathers as
ap.iroprime will be held to e+stnhlish a tcarkaw
undeNatnlirg among die parties its to the Work and to
dis.:utr the schedules, referredto in rnragraph 2_.6,
procedures for handling Shop Drawings and other
subrnittals pu)a�',ulg lll+hlicatiQM ref Rlt -Iucnt rind
maintaining required records.
lnuialtf: Aet:g7ruhle Schedialec
9 €;mess othenvtsc provided in the Contract
Documents at-levA—ten,clags1vtord-aarhinisairatt-a6t t
Apphcntion for#rnkmrztt before any S4ork tit the, sue Ixt %,pg
a conlercnec attended h} rY'\, 1kAC f0k, F"stF1'v1:131i
and others as ripiptopriate r€gsigltsiCt hy_t}Ll'tif h. hill be
li kl to r€ySew for aeceptabituy to LSv(i tNW-R as pwivided
below the scheilul" submitted in accordance with
pwagtatph3o aril L)_vislon 1 - Qencral Itech>,mctraen[g_.
0 ass I itAf"1 OR :dull have .in addinon.�rl tell cloys to make
asrrections and adjummems and to etimlilete and resubmit
the sclioAtilrs No progress rsry-nent shall he made to
t'ct?`TR (IX- Z unn] the kchtdnles MVt Uhmittd inand
acceptable to I"AiLL'v].LTt as provident below. "the
lircaiess ;:-hedule v,ill. Iv a:cc.tttable to li'NOINTER its
you fdnng on order]}' l)aagtesicin of die Woik to
,.ornpk'tiun within €inn ,7xciftcl \1Wcslones "land 1110,
C onset 'f true ;, but swah .acceptance wilt neither im fxzu on
.lc,f�.1•diK rrslxnnsilzidit;; for the s;Chedttlmg
ar prcrgrir s of the, Work nor Interfere ve'tth or iehei'd
C ry l [CV l ) A 12 fl,mn p l R t "r(&S full
rc,iVoA,ihiz dierelbr, f4)'vIl"{ jr'C11ft, schedule of
Shop ir.awil s and �:errlpte ,zltnnt e)us Will be accvfit able
III },tVci1')Hk as procahn;; Is workable arrangement for
Irtic,cN It and prook,5mg the required submivads
I'( )'E I kA( (lk's schedule eat values will he aa;ept lade to
L:\:i R as to ti'inn and sut�aance
1RTiCLE i-('OMR1CTDC)Ci'41ENTS: ttiUNL
.54I h, SDl \t d, Rti;(ISio.
hncnt•
3 ; Thu Contract I xuarments compri.;, the entire
:igncvracnt hchl i t 4\Xl•dk and f'r)'v"CH.St"t'C?lY
corxcrifutg the kfioik_ the Contract ]documents are
r0mpinmcntarc what is cAled for In ono i, tcshinding us If
odlecl for Lc all. the Contract 1)a�Uments will tie
rcnsinied In ,4,cordanae with the lawv of the place of the
('ro}cit{
it Is [lie intent ?t the Contract I )OCUmBntt; to
amuse) e;h^•Il<-M"', IvtrI iir"Nllii b €�Y", tGtkvl
)% 0 IN IIII"I *i (:)JolthShaNNt t AI IO'vat2t VI
describe It hindionally cclopiete Project (or part thereof)
it) be constnmted in aceortince with the Contract
Do ciunent5 .1ny Stork. materials or equilnnent thin may
reasonably be inrenred front t1 ("ontract Documents or
from presailirjLZ susttanl ar trade < usage as betng required to
produce the intended rccsult will he furnished and
per£ornied whether or not specifically called for. SS'hen
words or pluta,s which hrite a well-knoscn techruol or
construction indutitry or trade meaning are used to
describe Work, materials or equiparcrt, such words or
phrases shall he interpreted in accordanco with that
meaning. C.tri ifieeticais and interpretations of the Contra i
I Wimnents shall fx issued by 1'1cii? REk as provided in
ttragraph 9A
3.3. Reference to Sliairdardv and Specificationx of
Technical Srxietiesr Relmffpng and Resolving
Mserepancies.•
113_ Reference to standards, speeiCcti<om
manuals or codes of any technical society. ogLanimtion
or asl` Vlauion, or to the Laws or Regutattone at any
goveinmenual authnritt', whether such reference he
spacific or by Implication, s'Nill mete the latest
standard, specifications manual, Geode or Laura or
I2.egulatiaRS in Meet at the time of opunmg Of YlI& (or,
on the IAfective [Pate of the lgrremant if there were
Ill) kids}. except as ma}he otherwise specifically
siatad in the Contact Documenis
3-32. Ili. during Ole performance of the Work,
Ct }N I R AC'ht k diaccwcm arc conflict, error.
.inthrguitra it rlrsaainvicv v,ittun the Contriet
€)oc{tnents or heuv en the Contract 1:3cteunnenis and
WIN l>rovisican of any such Law or Regulation
applwuabl,e to the petfotznancc of the Work or of any
such standard- vpecihcauigi nianu.d or eerie or of uie
imtnrctionof amp Supplier referred to oil'waeraph 1, ?.
C'c IN i R Vt "l't lk shah eel -Ion it Luz 7,. a h:€,IiFt in
writing at once end, CNJN''Tl0(-j (IR shall not
pfoceed with Are itwok "ltleckxl tlurrebv ie>sapt in an
cmergeru:y as authOfiZed by pusvraph 62.1) until nit
amendment or supplement to the CvntrIwt f nOCLHIients
has been issued by one of the menthcnis indicated in
fwa""raplt3i tar -16i pwvlOed, however. INIn
CY NJR Vt`.l OR shalt nol lie Iialnle to (rllXbR or
F iXEl>R for failure tc, ievrt tin} arch contTtet-
orror. .ambiuuity or discrepant unless
c'r)\rlcAC7t)R knee, or reaxnahic should lime
knot; n thel ev1
3. 2 hxevpt as ctherwiae 51vo lk it ly ,Listed in tine
Contract 15ocunienrs or as maav be provded by
amendtncrii )I supplement thcratc) issued by one othee
methods inchcmcd it tnragraph 3 -S or _;(,, the
pre t u'tons of the I ;antract I *t)ctmunts shall take
pncv-dence in n-oilcmu am aonlliwa- error, aml?igum
or dnsciepeario ht''twoc`ri the pwl isivns oc the ',aunomk
UObUmentS M)d
3.3.3,1 the provisions of ane such standanL
slortfioatinn manual. rode or insnv:aon iwwdterher
ev not !4Iealcall, inccirpcsateJ tsc tcieraIlec ni the
Contract f J«tunenh,)' or
3332 the prov(sivam, of any such Laws tit
Regulalionv appt mable to the- Wfenwance, of the
Work oviiiess such an interpretation of the
]rovisnrna Uf the. Contract Docummtts would result
in violation of such Late or Regulating).
No pro iston of any such standard. specification, manual
code or instruction shall he effective to chimge the duties
and responsthihne- A Ot NI—'R, t"ON,'VRACI-OR. or
FN6IXI+Ror any of their su[x:ontractors, ccutsultants,
agents or etnlovees from those set forth in the Controct
@documents. nor AM it be effective to assign to tltV'v13R,
FNGJV-FF,,7i. or ring of FN61 R's C'omialtarasc agents of
employees anv duty or authority to supervise or diretx the
furnishing or Isert'onnance of the Work or anv ehty or
mahonity to undemaike iespory5ibihi% ntcmystem with the
provi,mo:, o€'pmargraph 9.13 or other provision of the
Contrret I)ocumetus.
Y. J Yhenes c€ 1n the ("esnnv`t Iit>itnnont'=e the t�-ms "as
onkred. 'is dirccW", °ms required", "as allov.ad°, 'as
alyro+ed" or terms of like ef4'act or import are used- or the
,ill.cnvea; "n s unat>te°. 'stt[vibiz". ae:e4�,table" °prol>Wr"
or `. lwsta,aon, i% attiectiWe4 Of hke Alect or imjx.)o are
used to dowrilx at recFdretnent, chroclion ieciciv or
udgntent of 1 MINA F•.K as to the t4ork, it is intended (hill
uuih requirrntcnt. thwhon, revs w or Judgment will la:
stIOf to ev0uaw, in general, the eontploled Work for
ccmhlisu we with the reelua merits orarnt inforintaim, in the
c ontoccl I,tc>,,uatenls crag coilontratlec wall tile. design
:,nlcept of the oclnpleted project as a functioning whole as
shs ur'i of iruiiorneJ L? IheConnati I)awIII cnts (amid sr; there
t Yp,mic -,(element mdl(ttinrg othcrm.-w) '['he use of
,aIV sue:h form or iid,lective shall n IV efrec,tit e to assilln tc,
..'�cWt I,,Fk ,fine duty or Nudhoniy to miriorvise or daect the
trTtiahinc or parfcrnaance of d)e, Work or my data ,ear
oulhoirty to andeaako, 1"jonsibArty eonhar} to fix
FTM aSIOns <I'taar.r_raph I, 1 i orany olhrr provision otthe
c'o rttt,ret I}c cumwats.
(mentBng and Supplement ng Contmet Documents
?3. 'Ihe^ t'ontruct Documents map he anwrldcd to
ht,%eId" Ior ad own, delruons and-�tmom in the Cfixk.
,r del nxdLt the tens and corn-litions thereof in one foi
mole cf the L,ll,Atng ways.
. -5, I. ;I Gr mill `A rittett Arncriallent,
.1 . banke OIder (pwsuant to paragraph 1(l-i),
sr
` S Plj',},4 itaya t uilit7tJ
r5I a cork Change t_it€actfve (pursuant Ip
paragraph 1-0 tie
3 o In addition tine regnnements of the C'oniract
lxa. Llatenas may he supplemented, and min€a- variations
and deviations in the Work may he authorimcf- in one or
mare of the following v,ays-
+,fie i. AFfield(kder l,uisuanttoparagra[rht 51
3 n' I.NGI'e.EER:s approval of a AT, Drawing o
Sample (pursuant to paragraphs 6.26 and 6.27j, or
3.03 HNliI EiI written interprctatian tit
di mlciition (pursuant topamgraph ta,a).
Refuse of t3ocunten4:
37, 'l)N R.A(`I0R. aril anv Sulrxantractor or
5upp[it or Other I -nson or organization perform na or
furnishing any of the lt\ ork wickr a direct or irxfreat
contract with tri\',.VR ill sha11 not have or a��-tnire tiny
title .o of ownership iiglas a? any of the Dtawings,
S} cifihfittors or other doctmettts (or wile$ of arn'
thereof;) prelrared hr or lvarinta the semi of f \t NFEIR or
FINGINEA R ; CoMUItani and (ill slung not reuse any- of
such Drawings Specifications, other 40CLtme71t5 or copies
on e,yt m;iori; of tire Project or any other project evidlout
wriao^ta conleni of c AVNI T; and FNGC'vEER and spu:ific
written ccriftcation ,I adaptation he l.ts`C,FNFKk.
ARVC t F d--,Ai'mI, tim rry OF I AINDS;
SLBSURFAtat AND PUYSICAL CONDI"i:li)NS;
REFERENC CPOINTS
Arailtrhtliry- oJ2nntic
a, l . + Alt" .IR 'Hall lurtush. Its Indicated In Ii;e Contract
Documents, the 10ntlS upxn which the llork i; to Ix
pertorcwd, rC41?ts-of-w0.y ,ttx1 easentestt, i%'t ;wkewi
theteto Imd each ethu land,; which are desynated for the
tlse of Ct r`..'rR.rtt `I't rR ispof, reasonable ivrttten 1equeut,
Oyf:�f;R nhtrll—lurn+sla- C0t,, C R%tE `1'(.)R with, -a (rtrroct
,mwment legal titleand 6pl kle,xrilirlon ot'tlre
hral,, ulx)n-evhieb ilw Work is to -he pei lonned and
(+t{`SA1 irairrest thrtein wi neeesstxy-for gitmg-notity
of Or hlir�n metltnal lien agellnm xtth hrxct-xin
ac cor,l tm e --wilh appircahle Law.4 -tend [<veulat ens
r)1tiP I stitill idcmify anc eitcuna hrarzce,, �r resirictletts
nest of 'Coxral applicatieao bar speCibcnlly relauxl to use• of
lands so futtushed witlt u'hieh Cv)`.'I'R_'*(1OR will have
ro tovnpfy In h�tltvnang the. Work lm vments for
rernt,mrnt structt.r.s or permanent Chang in exisi act.
lack n , s es 1 i1 he A,m ined €md paid for hp O 11's.l R_ tmle�ts
adienuse I,:tt ided in the Conlraet 1)(Kainerit, It
(A l kA(, 10K end t AV:%FR nE tmahlc €c, egrce on
entiihlucra to or the amount t,r c.vamt of ant adjU SLincnts
III the+'ttntnut Rite of Iht: tontraet'I imc., as of result of
.tmr del=-r in I Al, 'I .", ttamQune lands ntrhts-4-
%Vai . _, easements, r U'N I K.V(' I C)k mat make a claim
[harrier as provided m Ariiclos I1 and I'_
C'r NwRACrox dial] provide for all additional larm6 and
access thereto that may bee roquirod for tt-mlxrmn
construction facilities or storage of materials and
equipment,
4.2. Subsrtrfhee and Phv+fcat Cont8tiotiv
4.11 Roporlr and Diluopigs: Reference is made to
the Sulif+lementary Conditions for identification of
42) 1 1 ,S`ubsra'%ee Crimfitlarsr "these reports of
explorations and tests of subsurface conditions at or
continuous to the site that have been utlimd (n
l:XI. HNIE'R in preparing the C"oninict 1Ax:uments:
and
4,2_12 P)Tvsicul Ct#fthfions: 'I hose diawirjzs of
physical conditions in or relating to existing surface
M subsurface structures at or contiguous to the site
texcept CridLrground Facilities) that have been
utilized b5 17MINRER in lxeprring the Contract
Documents.
4 '_ '_ .(.untrue Relinrnx by C•CJNY,R7 JCMR Authorized:
Technical Dala: C OM RAC.'TOR may rely upon doe
genexat aecumcy of the "tedinical tiara" contained in such
relwul slid drnwinim but such reports and drawings are nol
Contract Documents Such "techlucal data" is identified in
the Sulaplenuntar� Conditions lixcept for such idiance till
such "teehnieal data C'()V PRAC YOR may not rely upon
ormake nny claim agarvst c kk tilit... is iIS,I41 R m' anti of
FN61 sUR's Consultants Willi resfect t i
4 221 . the completeness of such reports and
diatt•air, tar CC)NTR tCTOR's I urp;»ca.
itacludtnrhot not limited in, ally aspects of the
means, mclhods, tediniyues, sequeners and
prcx,edure; of corisnuction to be employed FA
CCiA rkf<1t `7 (iR. and satciy precaurons, and
piognutisirtrdonr thereto, of
4.2 2-', tither data, ineniretalions. opinions
alit mtS3Eri10tltiil7 CUt&I ip fit SUCK i'c'-p`i)11H 01' shown
of indicated in such ell au figs, of
4' _ 3 an; t •U4 fRACI I iR IMcif rcuition of
ar e0ndusiwi drawn from Amy "todinw it d.mo" or
env such data. Intrrprr•lations_ opinttins or
int' collation
a f t !%tilwe of 1 htf iing Srhnrrlare o l fvnrk'al
C rskfioere It Cue, fit. CFO R hair?<; flat arc.
ul*url'ac:e ,r phbeicaIonditirm st or c<nngaaous n, the sit¢
that Is unac e c red or revealed either
4?3"l, is of such a nature as to cstabli:>h that
ant "uctuu,."ll data" on iahldt CON N I V'I I)k is
eniiticd to reh as provided n pnugnuphs .= I and
r:, tnatefiativ inaccurate, ur
4.2 3.2. is of >inch it nature lis ice require a
i:h811 e InlhC i i�nn'12t I)ocfrllent,, Cr
423 3 diners materially I"ram that tihmmn or
ti.JilhcnvtsHA '(i'.L on1rU'<SI'll 'S i ivyn iiUticlo
w+i l I Or'RIB Il 'Ql IAVfi M(44FI, 4 l:IeIASOlf% I^bRo!
Indicated in the Contract Documents, or
4,2.3.4. is of an unusual torture, and differs
materially front cemditioris ordinarily CrIczuntered
and generally recognizrd as inherent in work of
the character provided for in the Contract
Documents; then
CON -TRACTOR shall, pnunpily immediately after
becoming aware thereof and Wale further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
remote i by lnraorliph r,23), notify OWNER and
E? QINF1iR tit writing about Such condition,
CGs 1 RAC f OR shall not further disturb such cotditiom;
or peribri n arty Work in connection the^revvith (except as
aforesaid) until receipE al tortCen order to do so.
4,14 ii%(UA-EE*?'s f?etieii: It'd OENEER will
arcmrpdy review the pertinent oindition determine the
riecessil} of I )W\ Eli s obtaining additional exTioration or
tests with re ivot thereto and advise Ql1;KtfR in writing
(wraith a coils to c (AIR1C'IOR) of ET:(if F,tiR's
fin imiS and conclusions. -
42 '
Aassthie C"rrrtrWO 1)oenment+ Change: It
EN(ilMil R ccriclud" the€ it change tit the Contract
DO urllents is required as a result ON condition that facers
Lune a more" of the categories iu lxar-apaph 4,3, a Work
Change Directive es .t Change C)i der will hC icvued as
provided in artnle ttr to reflect and document the
ccnscyuenccs d,f such change.
4 '.r, Posse'}k erect and 'Tall" .d: jastmanrx: an
equitable adite4ment m the Contract fine or in the
t'ciniract Tone,,, or hoill, will he allowevt to the extent that
the existence A sLICh uncoteted of revealed condition
eaters an atcraasc or tee reaw m Cr NTR Ac"I'OR's cast
•T, or time required tarperlixmance of fire S4ork, subject,
howetcr, totho foillmsag.
426 l such a Tldiuon most meet am one or
In ore ,it the ,levier ibed to
jVntg iph� 4 2 I tluottli 4.23 4 inclusive.
! %- a chanvc in the ( vniract t )cx:umenLs
htirsiranl to xrag oph 4.2.* ie•Ill not Ix au
automatic awhorization of nor a condition
precedent to entitlement to aro' such adtusttstoiL
4 1 b ; with respe,l to %%(ik that is Imid fill
'n a I. iLt I%rlee tlasi any adjtrvlment ;it f'ontract
I ried wdl N> fueled to the plovisiaru of
pf rasp aphs yi. l il and I i '-r, rand
41,1,,4 r'( \"IkAt' I t)R shall not be entitled
Ill any- a ilii,rment in the Cosimicl I"!u'e (11 1lines
4 ' ri 4 1 _ C tom,"I AC• R )k. knew of
Ole exiI wncc of ouch cvndidrn s at tine.
um; "i O."I h AC"I"r)R Made a final
connulmcnl to l A\ NFR in respect of
C ontrscl PMO and C'nntnicx'I intro; by the
sul-vino on of a hid or beamtdng hound
ender a ne;,>oGoted contraarl; or
42,642, the exis nice. of such
condition could real€nahly have liven
discovered or revealed as a result of any
examination, investigation, exploraticxr,
test or atuch- of the site and contifu+ous
areas required by the Kidding
Reyuucurettis or Connuet D %=eras to be
conductod hg or for CONTRACTOR prior
to CONFI'RACTOR's making such final
commitment ; or
42,6A� COi TK,\t`fOK failed to
urve the written notice within the time and
as requ iced by paragraph 4.2.3_
It Ct\V`.ER and cCOa' 1 RAC'IOR arc unable to agree on
crniticment ro err as to the amount or tengfh oe any such
equitable adjustment in the Contract Price or r-'onuact
Times, a claim may be trade therefor as provided in
Amcales 'i I and 12. however, OWNHR, !^;+I{iTi° FER and
I N(WsPk'R's Ciasultrants shall not lie liable to
('ON I RAC Ok for arty claims, costs, losses or d:nnages
sustained by CCYti`1 RACTC`R m) or in ci mnertion svdh am
other project rn annerNied tnrtfiect.
4.3. Pkencat C°onr68ons Underground Iacifiries:
4 _1,1 Shounorha:ticared. "['he infarntation and data
shown or indicated in the Contract Documents with
respect to .wsnng Undeigiotiml Facilities at or
conuatuurs to the site is baud cm inforlimumn rued data
furnished its OWNER ot 6i" GIPN'},FR by the Demers of
such t;indcorarounst Facilities air be otlh.rs. Pales it is
otherwise expressly paowided in the 'xipldcmcn at}
Conditions
43 I I OA. "t'R and Fart P 1.hP ,shall nor tv
re.,ponsible for the acccal acy or c;4mple7ene•,s of arsv
such information or data; and
4 3 1.2 The cost of all of the hollow°ina1, will be
included IIa the Contract Pricc and 0)NTRAM'i)R
Shall have tuft re,Tontibilm, tar f t) rev iewmeprid
checking atl such infotnnal:6 and data. 4.i€I h catang
all findernrotmd Facilities shoen or indicated in die
r_ornraat Licxtunents(iii) LXxnrdinAtiorr of the tFork
with the owners of .tads t Indergrolind I .mhuas
during uvmntrnco on, and f iv) the kAoV ;end
prcitesaton of all suds tincleigrotutd Eaetltues as
provided in f,.Arrgniphri.2o and repiirrm, dot
damage ther�uxe>u§tiny from de iienrk.
4.3.2_ `.or Jhrr,in vr hah'cated: if en Llnderg and
I'acifily x lmovdred ur revealed al or Colvigueus Io
the vie ikhich Haas nut sham ur endie,aW l in the
t'=_'ntrack Ilocuarcnt; (C'" 1`10C iOR aivall., pr mrptig
nnme(1iet,k Ali.er Ixnnntne avian thereof and Ek tipfz.
fUfther disturbing conditions aftected thereby or
tierfnnnntKanv ikoik in cor oction thercitith to -cqt
n; an eitietgo)cy- as requird roc >_>wzaga tali -i _37.
ulenrit'v the owner of sudi I ndenpraand Facility :;nd
rdCt>r(a)',j i.'lt,." NDI'11, sS W"ml.da"sec
s 111YA PIRI; 11 6�iipW
btve written notice a5 that owner and to OWNIA, and
F' GVs`F?1 R f`^,ONFI,L;K taill promptly, review the
Underground Facility and determine the extent, if
any, to which a change is required in the Otmirmet
Documents to reflect and document the ccrosequenecs
of the existence of the Underground Pacility. If
L' GRXELIZ concludes that a ctiange in the Contract
Da:u cribs is required, a Work Clnrge I )irective or a
t'hange order will Iv issued as provided in Art cle 10
to reflect armi dowmett such cal cpunx _ Dtauu
sa;ch time. CONTRACTOR shall 1x restionsible for
pee safety turd protection of such Undcrground
Facility as provided in Irtragmph 6 20
C ta\ fRA("'tOR shall may be allowed an increase in
the Contract fare or in exten ten of the L'murrCt
Times, or hoth, to the extent that they ire cuirehutzble
to the crostcnce of an) UndergroundFicdaV that wiry
not shown or indicatcxi in the Contract Ocxmnents
and that C )NTR At CTOR did not kmtn-of and could
not rev: ombly have been expected to he aware of or
ttharearnicipated 1fOtLNl.Etarnti"t7v,Tli.�ti'TC>R
sire untnlale tier ngoree on enuidement to or the amount or
length of any such adjusttent in Contract Mce. or
Contract fines, CON l RAC I OR. amm snake a cleitn
dwretirasprovidedinArtrlrsIIand t_ However
OWNFiR, E .ii[^ I }Ft and h nil\(:F:E's
\Msedrrar s shall nbt heliaise. I CiA l R.At"f()R for
any claims,casts, losi,S cx damage+ incurred or
sustaated by C tl fRACToR an or in arruiecticni
with any ovicr protect ar LWIC11ruted project
Reference Points:•
4.4- 0tk\ER shall pxwi.lc, eetgineexing slu-votys to
establish reference points for construction which in
htiGl TR's }udgnnent rare ne esgma° to enable
t ONI RAC OR n, prx.rc.1 with .he Work.
CONTRACTOR shall be rt,,pq siblt fen latvut_ out dic
Work, shall proxect and pre-,;<mt e tha reference
Ixaints and shall mlkke no cha gp cv relo.•atnc,tts wilhour
the prior wrinem apprcovaj of OWNER Ct)N IRA( '"S )R
shall rcpon to E> pkN kEk whenever any reference Ix,int
is Icrt or deamyetf ui squires reli>ctmon t�,irttse of
rxccs an chanacs in gjadea or lccations :and ,hall be
nespermtble for the .r.,.rtr;ae gAI(cnnent or w1oeatron of
such relzwricx prints by prii?essacanally elaahliul
ls,rsurunel..
4.5, +lsbe foes. PCBs. Petroleum. Hazardous R avte or
Radi(xrctive Material:
4 i1. 03 k'Mik !dmil N- rvsjpo ,ahle liar in,
eislx^vtas. hr its PerrAeuni I imird ,is tCesie er
Ra,boactive \laterial unaprelcd or recextled at the site
which was not shown <or indw, ncd in Dian°imps or
tipXciticatiaris or ictentificol in the .'antra:;t
Dix:unicros In be iiiihm the s,oiv of the 1Yark and
which may pte:ea4 n sulnt,utUul dan�u tc, jmr.m s or
pt }vrti c.spi .cd then etc* at c one Jinn +till the 'A oak
at the site thl s 1 R sho-all na l Ki respc nsnh., for am
such materials brought D.o the :IW ln:
)VIR,kcIr,l. luluanuaitars S;ippliers or
atuonc else for >th,,m 'VN 1 K,\C I i>R is
responsNe
4 s,Z , (X)NIRACTOR shkill inkruediately - 4) 'A019 All
in any airea atfftltmd thereby 4tswept in kill 'Invi-gency
PA - requir-M , by-, -parittltaph 4, X; .....afkt_ 44ataifv
ONVWFA�- - vtmfiral
.%job notice in writting) ()WNl-,R sIkalf promptly
comkilt with liNGINERR-eenevrifir4; the -necessity fit
OWNER -to retain a Imilifettl exi*rl to-vy(fluaw �fkaeh
C'X)_N,1'kA4C I OR shaH flat, be required Ao -irtskinte " of k
in any
all recluirkmi--perrivits related Thereto aril -delivered to
I _UAG ,14 'V0R,Spe,,W
that latkill condition and any offimed area , or has heen
rewdere,d,---Afe-ilkkr 4Tftrimption -fif Wort, of
(*)TaMng kitty special conditions ofidtf wlkfch sthfi
work 4f,OWMk and
cartililt kgrex, its to evitutlenleni to cr
the liffin"ni ur dvwnt 9,, an -14' Mly -an
">n4ruet PruI r f .het Taties-as -kl,lesult- 4-�L+,I:4
Wm* condition, under-whwh
Wkkkk 4ii-ogreed biy KAtT(4- To- Iv- tesitaned,
either party may make a claim tberetOr as fit
_vlaktles 14-luldI 1-2
I'Anl, 4f TINT -revtkipt-ef written I"We
CON-1 RACTOR ckv not agree to resume Iuch wk4
imsed talfal� of- tloes- rea
figive--lo resua le--AMI ... wtitumita,
canditickrik', then ONV,,,Iik may Larder --quell t-ortion of
tundniOrl'ir Ill -etch ffflkvted Hfefi to IV deleted Ilion)
thit-Work-4f -TAV',,4hR athl -('(-)T,4 J-RV '1 OR tainnot
agrem, it. It> entitlement loof the amount ig exaeilt of fill
fit A- snffvct Prfeecol, Conlum 3' ane,
ifa result opa l s salportioti (if life W"k- Then
elthel Party may falke it dalla ahertibi as Ivoylth'd in
- , -kinjA' Afticles-1-1
J'orlton Of the Work frrmfled 1)y (,I%vNUR'R t,wn
wahAllwie 7
4 i 4 f o -dw lalle,�a eMerkt pennined [, v tto", tvid
Regulations, OWNEk shnil aldemmi'v and Wid
lagnilt•?S, CCNMACTIIRt SuF,,utalracux s,
FN,44M+,R, -Comullants -akid- -be
officers, Jiiectors ejnployreti, agents, other'
CuIlStlhan[S and !AIh(u1aFaC(O1_s of each and an% of
therm -Fiona and against all -clams. ctyti+i, kysses and
fklmftgtd alisaig Our of Of fv_ WIHIL hom such
cost. loss or dlaniuge is stuilbuttiNt I, lvdily mior.
4--run-,able pFkjWflV AAllcl- Than Wic i�*4
ffW,ILKIIIV The hats (,I arserestilting therefrom and
iaanothing, in this sublfirtf-graph 4. ' 5,4 ,hall +kLate
(AV%FR it) indalmly :any pemli or entriv trom and
fatianst 11w, consccItlences 4 that pefsoffs "'T eukftv",
cold} ffegkgeme
4.5 The provision, of pafllwlffllhr,4 2 aild 43, in<
mna kvxefuiftl TO Petrolemn
falcIA-CFed
Or revealed m tile site
\1 t I I l k )I r� 1R I k "I)MA NS M('I NIle A I , h )NRI I ?,"M
ART ICLE S--DONIIS AND
Perfornumce, Payment 4md Other Brin dv.
5A (,'(jN'fR.X(TOR shall furnish Performance and
AT) inein Bands. each in an amount at least equal to the
(',ontracl Price as security for the faithful perfortuance and
payment or all CONTRACIC)lk's, obli T1130115 Under The
("oramcl Documel f, rmHin in effeta
at least until one year lifter the date when Final payment
Fecomes, due, except as pravided itthanvist by Lrik%'S or
Regulations or by the Contract
CONTRACMR shall also 14mvill such Other Bomis Its
are required by theSupplementary Conditions All Bonds
sfitill be in the font prescribed by the CU11,10" J)CVUIIICIIIS
except as provided otherwise In, Lams or Regulations and
shall be ex"IntxI by such sureties as are named in the
ourrent list Of '(1 ldo (-mipqniLs Ho11 ( grIlficIlles Of'
Authority as Acceptable Sureties Oil Merat Builds and its
Acceptable Reinsuring Companies" ,is published in
Cuoulai 371, '.,Amended) by the Audit Stall'. Bureau of
t',overnment Financial ()perntion& I S 'I relk.%ury
Departinent All Bonds signed by all agent must be
accompanied by certified copy or such agent's autholln,
TO act
If the surety cIn any 13k)rtd limnishod by,
(,0'11:1,RAi(11,(Q Is doclated ;I bankrupt of bi:comcs
inrA,Ivent Or r� nolit to do business is terminated 61 any
state where env Part Of the Project m located or it ceases TO
Inelet rha iequamimis Of para2japh 1; 1, Cr )%l*RA(T0R
shall within im days Thereafter sula,,taula another Bond
and surety. built III wlmch must be acceptable to ta,\"Q:R
.fi.3. Licemved Survirrim and Insurem: Certificare-t ty
hfsufllnce�
I All Ftoki&N and omirance recloired by iilo
Contract Okxuments to be purchased and maintained
I') f )lLNFR ill (_'0XTi<.-v'D * shall IV Obtained
hots surety I"I Imumme c�onlpinlo That We difly
licensed ol�aulllcai&d Ill The jurisdiction ill which the
ITk'JCCT IS 100,aCd TO M�AIC DOWN Or InSLAI'MIcC fRAICIe.s
and insurance cornpanieh skull also jacei sucjt
additional requirements and qualiliclGcsis as may- be
provided in the Supp[vinwritHrt I 'onditiorts,
e3' ('()NIRACK* Shall d0liVol tO t )%V\kR_
uJth 00111Cs TO eon h RIWILWIMI Ifi!,Urt\l Ljelnljled In the
Condiuorl� of insuratl:e
faild oLlm evidence of msufance requested by
(AkNER or any other additional Insured ' ) which
('()N'l RAI -1 OR is required It, purchase and maintain
in :IckLurchnce with paragraph 5 J. ( jA,\NRf;lNilj
(tchyei lo xah undies To each
addittonttl insured tdcrallied in The
Ciak,Ja kofK- tvftifi-aaet. of - inwiramV (and --other
Or Ifn±, Other- AJJoft*,i*il aeolre4t kv4twh e,
with
piakymiphs5 0 and i 7 hereof.
Cfl.'4'TR4CTOR'sZiahifirr Insurance:
s 4 purchase and maintain such
liability and other insurance as is appropriate for the Work.
Ding performed and furnished and air will I-rovide
protection from claims set forth 1xlwv which may mice out
of or tesalt thorn CONTRACTOR's perforinanee arid
furnishing of the 4{rork and CONTPACTOR's other
od,ligatioris under the Corium-t Dcvuments, whether it is to
tv performed or 1'urni,shcsi by CONTRACTOR. any
Subctantractor or Supplier or by an}vne directly or
indirectly employed by any of them to perform or furnish
any, of the Work.. or by anyone for whose acts any of theta
may ba huble:
5.41_ dawns under w xkerj' co n}xt cation dmc}ahi}
benefits and other similar employee benefit acts;
5.1.=. claims for darimoesa because of bodily injury-
occulrationat akkncss or disease, or death of
CON VR ACI OR°s employees,
543 clamis For damages becau,& of hochly in
sickness or disease., or death of'anY person other than
t 0%'TRACTOR'isemployces,
44. ulaaans- for_€arnag*, insured by euAomary
lx so of artjury-{iubih y eewerayr wh trmts ixt netE:
it;a-�'�tng-lhervzxitn-u-rasa)t-a>E-tin tafEtwx��hrecF}}�-ire
indirectly related to the employment ofsuch perm -by
{'c-a.4t-ttAE-F(-iF2;- <n)-lw-�taty�etF r-
tailor --taw
other -I ewion'
45 cia'tm5 for damages, other than to the 1y orbs
itself, txcawc e of injury to or destruction of tangible
propeiti wivicver kx,[iwd, uwtudintt doss of use
n^skilting therefrom, and
i; 4.6. Owals, for dznnaga, lk'.c3uu of arnruc or
death of any lhrson or pro p�rtr darning €mono out osf
the ownership. maintenance or uew of any motor
vehicle
Tiw pohcics of in taiance so required by Flocs rw i mpb `; 4
it) Tv purchased and rnairamned shall:
? 4 7. with r,slwd to innnanoai required by
pantgraphv 5.43 through i 4.6 inclusive. ,aid �.1..'.i.
oscitldt as adkJa wal nvaeared" !subject to oily
cu tontan esclnaion in respect odIto fc,.ional
tualrhtvl, t7tG: LR. t, il?EI;R. Jam id ,liiifts
Uonatltants and and ntbrr person or entities iden6iled
in the Supplememnarii ("onditions, all ot'whoin sIlallbe
listed a; addittorstl etsureds etnal mcludeecovciaee. tax
the tospcctvr oftieers and cniplmciu , of all such
additional insureds,
s 4,ti, Include, the spc,ilic ccr«agcr, and N. oriuen
her not leer than the ina,ts of h.abili v pr,,vt,h-d in tho
Supplenieniary c'on,hucays or iectuiied I,y Lae, Car
Rcgulanrnhs whichet i is oremer.
*.4Ji include notn� ]tte.:tc�derat€7n; ity.*.trance:
aJ l><',it xf9ft 41 ('� �'+tR77 .ill E^?t9x ,t Eivr Pains+D
u tt lY ,.�F Fv iRI ,tG3s3'.. ti. IaIFICd-i'P a�;+Nl t'i;36(flli
S 4 14 include contractual liability insurance
covering CO\ fRACTOR's indemnityty obligaticnts
undl r paragraphs 6.1 ^_, 6.10 and 6:31 thtough 6.33,
5 4 11 contain a provision or endorsement that the
coverage^ afforded will not be cancelled, maic'xially
changed or renewal refused until at feast thirty cloys
prior written notice has been given to LA\`NFR and
C iNTt ACT0R and to each other additional insured
identified in the Supplementary Ccrtditionii to whom
It certificate of insurance has been issued (and the
cemfieates of insurance furnished by the
COM R.,\(,P(,)R pursuant to paragraph 5.3 = will ur
provdctc)'.
5A,12, remain in effeel at least until 6tnil paymtsn
and at adl tmics thereafter when C ON f RAC OR may
be conecaing, removing or replacing ckfeciive Woik
in accordance with Paragraph 1.3. 11 and
� 4 13with respect to ci-Impleted nprrations
insurance, and any insurance coverag€ t+raten on a
claim -tirade hrasis, ranain in effect for at least Roo
Wars after final pay moot land CON1 I;AC7OR shall
-furnish ObV'=.v'HR. and each rather additional insured
identified in Ilia Supplementary ('rutdruons to whom,
It venificate or insurance has been Issued evidence
>aisfactoiv to t X--N';R and any such addilwool
nsured of Continuation of such insurance ai final
lxl} anent and one year thereafter).
OI{-V R'z Liabilityliesarance:
S. lei addition to insurance attlurdYd to be proMle d
lbp CON IR 4t: TOP under paragraph 5.4t a1f1'jgz. at
t i41` IWt , option, atay Insrebau- and mantant Fit
OWNjWk eupcnse C WNTR's own liability irismanoo a�
hill aria t t 716`tiFk against claims which ni3r arise imill
q�,O A Ol Is un<li-r the t'oaau act I)ceu men t
Propero• Insurance.
,f> 1"aid iethetwise-provitfeduh-theSuppientanaaty
Colxluionv, i?AiNLR--shoVJ purolnasc- and-nnatnxain
I)<Jp FH=-+risuraritrrtiiTcariht-1.4orlent-t#trsittm-the-•anitxtnt
of the hit! reptauemant cost thereof (subject to aidi
dedu,albde amounts as --may 1v ftwvided in- the
"upplementary- t'eink6onv--or F�Junecl Ix f,aiw -mind
Pt-Polntxtwsl "4Jii,arivaix lilts
r. 1. - melude the - eaeteats of C ki, _lM;K.
11C3k;k.;C:h#'+i'��sealkrnts srael�t}n�thcv-IY.�rseats-r;<
eta au% idetllilwdt m the Fufifletnatxary C'ssndglorw,
each of whom is de-emet to hoean imarntife interest
next ob i ll he h clea t ati an insured or i dd a tonal twgirod
A ? Lam: waatten on a khulsk s-RIA "kill ea;,k" or
e,lxvt 1'<rit..«r 4 k?i,- rK line loans-thlO
'dull at -least tndusle In drams for Itltysi.al-k�, ar
a,traffi e to 4he kk rk btiikNms IAI�nvork
and Walk --in irunmt-aacl s11,111 ansttr-tivaans at -list
tine tolli7w1112, lards fire_ hghanmg. extended
Covefege; theft, Vraidalmita-xttd- roalwhAl" filochiat
vAlrtht;taekt-, w ,-de rifr rentav al--dMIK4iti to
oceal"fried-by-mforoeff"Ief Laws art#-Riegulatiom
Miter- -damagm; anncJ au fir. -tither brie
''It'a°�9�"��'3''F�emctakar�-4'etr�litit?er;
5.d3:-.-inelude-expereies-awaited, in -the -repair --or
4eplFK:emcxat-L+lxnlY U#itirtd-{1lR P$'t�l{fl@lUltitTd' but'I"
Imm ed-erss-
areitiwc tsi
S:aJ-e�zrer-utaleFial�atale�si�rrriwt-skrred#�ike-life
xat-erather ItwtkA that was sigreett 10 In sraine-bV
t t4iiu1zk- p�tf�r...ferbeing--itacur�rete�l Wiry- fife--44'�rla:
pTOVtded thxftsuch MQ ertals-find equifrnent huVe IWn
Included Iran-Aplihcaneerfar- Payment -reeammen
byl Nfsll'81iR_-oral
56,5, hemaintainedm effect until un l-payment-is
mtade-., unless-otherivre,_-reed' ) -in--wtitine. _hy
}k R, s4atifhu T(?R-and- iP41sk--wit#
thittu�)m?•s`-wxiiteat-taotiee-tcf each-<Aheradditional
arritwed to wltiim-ai•- eit4fiisate-i>t-...ilaiamirc- has, -beets
Issued
3 7 >=.Ak N-''FR shell -putvhaae-grid maintain-suc-h ladder
and am.=hinerv-tt a Fury ca or add t rtxtl-txapxrty irisufarice
ns may -be, ectutte-J by the Supplementary rAq"tifima-er
i,� rs aml ti ualati r ahek twli n let 3e the-cnteres' ef.
Nt-af-;�4't->it;-lulwtxtntetc>Ks,-1�'vr;4'vehe#Ml3a
1'�.t11:v1 hR's t',msulttrntsmtazl-ray other petwrts or -entities
ittaf}i'.i11e1-inalae-pup{aleimentaty-(xs�kN{3ms.-eaa.�i<ar=whetn
is' Jeenred-.r7 havrarr-irrureble iratereatamid AMP IV hsted ax
an insufvd,< r aekhiriamal-Insured-
$-tf- ---311Ux-{tic-e�-ie>:5utvi,�t-fiinzi-t)roec�rs3e[rteafrs-ex
tther ererclenoee-tlwfeeh3--requtred- to N. c4lioiut-rimd
main#iuied by f 114;eE+1R in amirdul'e with psf rgraphs ? G
and[ . 7-will rr>ttttrirr-a-prtwi;mares-endmenaerst 41141 Ahe
aaerage-rrilorded will, not be staituielled or materially
chaot," l of reriewal refused cax lfit leta.t thirst/ days prior
written noun has -Iven givrn tv Ok4"".6R...and
CON-4 I'AfJt R- and -4ir vitch-other additional mstifed to
Mhorn a -ten it"wate of Insurance, has been Issued land will
C6mraln Waivfi-pfovi.ifirw iri accord"Ine with
, < OWNER shall not he res1viisihle Ior purchimine
anti mussaisainvag finy prfj'�erty irmirmnce to protect the
nrterests of i'0%t R:X( OR, Subcontiaetars of otheis in
the fvtvi,-to the eMent of arty dechic'tlble-amounts that -air
ldelltlt:ed in tilt Supplementatc• Cvmlarcmw -`life risk-t f
f+ws-vaih6la-sack #dentrlirckhxfasulilr r ,ul*- will IW i> iriw
by t't 1V k.lt'lt+R-'Sti"airactc r Ltl e s-av t4eriaw Inv
uieh I and it filly then+ wishes 1wperty insurance
cosemge-within the -limits ivf_swt h amounts, each may
I'mi-baw and mainlinti, n ml ton• FAin-bower, own esperix
= 1ti,. Itrefursts ma miming dim[ ether
.{+taiat...insivance-k,iricka6l--itt--atx• prsrlxett imurnnc,'
jvhcies-provided-uricn-panigraplisa14or i3. t7th•ehk
"hall if-pevsible-irsehwle ateb msueame- ,fld'the re3st
th anl�.vth-lac chfir,gekko t t3:v-FkaaAuR by-iii7piofflate
t'latnae order fv Written Amendment Prier to
pit nt OFN 1''Al �'.l+tihimS l it 4,EF% H xOn ni
Ili ",IIfA €,)PoI i ei.Ii M Me Oili 111t1ASIM, 171,vp
ccanamenicmentof the Work -At Are site; 43lkS} 1: sh kl an
wr3titig-mekvsa-t�>�.-F!t l4 F4lLf-��3k-�ekt-ether
irrmnurciehashmiprocured byoWNI-R:
1,.44 lhaiveF-dj-72i :
5.1.1 I (WINEiR and CCA 1RAc'1'C-)R intendthmtoil
1�tr)t�ie+-)rttsc>hrzSrLl in-a0mclaricee-withparagraplis56
and ?-7-..-will- proteEt--(kiLW' •it..`s4,ONTRAPTA-)R
Oulu caztraetix:x. WN01tsE,lsR. - k��,fgNFihihk`s
ConsulEarnis-irrad-all rithcv-permsalas-<x-€wtaie><-itleraifierl
+ai-tlte-�a�lem<+atarv,-sw'cmedittatr;-tca_ke-kistL+ti -as
insureds or ackhtlonal-insurerk -in -such I-xiliwias- and
Will pravida pramarY--exwerage io--all -loss#.-and
dtmngas cmu.ued by -tile MA- overed thereby. -.l)t
stieirla}xilicaies-shaleIwArttain pray icaasiLs the effeel-[hail
is life -event of laiyntera of-itfly lcso or dafflagrt)re
inwtrersarillhave raa r�t� is <af-rc*�' e»�ry #taint-may-caf
the insureds .a aad l iunal -Insure tkk tttereuneler.
t tilF-aml-F'tiv R�t"EF�Ia vRive--," rights
agaitx;t--eaeb-alher----cuJ-their,-r stc+etiar-c za r :
direek<xs;._employees-Fund-aeents-lix rdf-1c_: +s--and
daawagea"a�iw;td 4-at✓iss+ig tsut-of or-ietultiry frrtm
nns of- (lie -powik- weveil hw such- policies, ttairi-any
ether propetty inwamxe-applio -to the--Work-,-and-
in mklition waiveallsuc*h-- fights --ftentrnY
StibL,xintraf'.tors,- hA(ANl>h,R,----- IINIO[MtWRls
Cusultantsarid all other parse mor era mesideiltified
m -Nat- *'M'h'leiaaittary-i=i»aiifitarrs-k+ -be-...hstrd--ms
jfere4-rx- WWII ltlt4- n%iri`dS under each pa wfe' , 14
l:wos imd Jamitoon w cauqxl None of the above
waiaers--shi€rl1- exWad-Al)- the--righlii- that-- favy-parley
miak if e, s eft wfm ei -nounv have, hrv.-the laoueeds of
insurance held by E>WNfiR es -trustee or cilterwise
Ixrtaable ar der tiny jxrhey rat rssur.,j.
..ha_.r+Clef#ti>tr.--t-?k4M*di,--wafter. all -sigh
abaitist Ctt;v'IRN'TOk,- Sobcorrnwtork
l )I tsliR: F tit=1;aF31.f:'s (oristillilm find the
411cers. direuor°., cinpke eec find €11>a+ntn s.l Am tar
them, for
s 11 31ltr.s due tee busnem-mmitiptiftt lfwf
of u-�t ex caller-ccin�luential )tx,. axterkbng
beycind chrect phvsical Hiss- of dnnaagc to
r-4-NRR"� properiy--or -t#tt' Warh< Wait' d--by-
.irisitre-. out of cx ies-trhmg from file or =ether Ivrit-
%YheVMer fit not tmsarad by f MVNE R_ find
s I l 11 lids- of d tim6e -to the L<inipletecl
`rojoct.a tttrl ih retA rauxKi lw, am it>:e 'All 14 >r
restrltvu: from lire tit odwr rnsuie l pteril covered
he any- prs>Ikxi}-ins#€,lure---rire3ntetnnr<l-.at--�
a..wiztik#ed prtyrva-fir prat-therevIf f i AV-"s11R
during- phial- - oulmation pur�frmni - ic?
I*arrrp*rtaph l-l.1,i, fitter Suleitanllfd Conipleuon
pl-INIM a 10 IxIragsmph t1' Of e!€er Imul-pmviaaent
pursrunt-totmia#iitp r-1.4 -13,
Am Insurairwe-wlr,v tnahitfmried 1x-.ovl,Ni,k-cxwerine
fully, lxass:-Jatmaye.m ..itrseyueiatial losss-referred fog . -in this
Jv Vavam>h ti I I - Awl c,mtiaeH ptov txiatvs-to tine etiest-Hurt[
in- the-event-i?F paviawol--is- otnv stic car
::<;risecliirnturl I:>.s the ire:urers will Ivive no ri;hla .q
re icietrw agam t any -oaf (Art,4XA(='I OR. Subcont,
{�VEi��e1t�.-i�.�i.[::{iR�it-f.-{'�yyitiinttk-2lAd�-Flk� t31{tktc'Fk
dir"tkors-emplevves-arid agetttsef arty of+heat-
Receipt and.4pplicadon of Insurance Proceerlx:
5,12. Any insured loss under the Ivlicies of insurance
required In paragraphsr, said 5.7 will be adjusted with
t t41" tTTR and made pi viable to C3WNIU, 2 as fiduciary for the
rnsurctix as their inteicAs may appesu, sull}ed to the
rryuiremeents of any applicable mortgage clause and of
pxamgroph5.13, QWNIER shall deposit in a separate
account any money so received and %!fill distril kne it in
.accordtuic€ N'ith such agreement as the pasties ininterest
may reach. If no other special a6reement is reached the
d,•imagz*d Work shall be repaired or replaced the moneys so
receit ed applied on aci ocmt thereof and the %Voai: and the
cost thereof covered by an appropriate Change Order or
Written: rrendicnt,
5,13. nik'S;"1 R. its fiduciary shall have power to adjust
and settle any lass with the insurers unless one of the
parties in interest ShnIl Object in wTI1uM', within fitiecn Lb,:s
after the occurrence of loss to OWNP'.Ws exercise of th)s
poucr- if such obitxion N made ( AVNI�N as tichrciaty
shall [make :settlement with the insurers in accordance with
,arch agreement as the parties in interest may rem If If mt
such agcemant among, the parties in inG:rast ss reached,
(tC NE"R as fiduciary, shall adjust and settle de loss with
the ,usurers aid:-tfwkvgtirtt}--m.-wr=tang-7>y--to+aalmrtg-in
aaterest Oik4lAasfiduciary hot) give flood for the
fan+per gush —A i .
Acceptance of Ban& and Inv iraltee; 01frion to Relrlrace:
5I-f If ettm-inay- 4> Ft2,� 4t :1 •� "TFxi?
Ol4 Nt- R has an)' oh€sction to the Qmt rage atlas lest by of
Other }xoris otts of the trends Of insurance requsrrd to be
purchased and maintained by the offer paddy°
t`c r>: Ck 1i.: Ct 3R in ziocordonee with \r eels 5 on the N14
of uoncontornmnce with the Ck?atr.act Pommcnu, the
officctitg fatly shall -.i ortoniv [Mother kink, tit\ .l.k :%-ill
ncstitr CON 7.R_1c.1OR In wrtling within ter[ trtirm
.thin teespt delt%-cr} of the ceiifieatas [<or other evidence
revue teifk to C} VNWZ is reclnuad to lnr sgrafrtt ^9
t r1k4}:R-.ern-ft-'c ?4 R�k4`"ft-7R-shaN'ekiH-prcwrcirton-the
tkliel SoCil adds iotfil utlitnaation n re,l%ac't-o1 r,•.urfmcc
pre videJas the other may reasonably roctik%t If eiilter
Darts %uses trot itteellwk or mmnatin all of the Bi,fws fait!
atsanlm,- fequrrol- of such - arty, by --the 4 V'Antert
I rcxntme is such -ptriy, shai}l--notifi' 6, -other purl, in
urtttrtg of such !allure -to IviAJIfise prior to the start rvf the
Work or 4 ,�th==f+ailfrrd-sws3er6nkt+ta ilOkix io rkm .;lrangge-w
the sec{iterrtt-ck�ae€u�•e.-4i'•it=kxrurpsa*jcahcr-tea-any i>}1>ei right
or rttutekly the other party may elect h% io}train ccqurvalent
Peak .n insurance to protect suehother part;interests at
ih,,, exlxmsa tat the ptvty who was, -rrtgunc, d ia, past ide march
µ teta,.� and a t h fans. f 4def shall he issued t<. ikifust-tile
c ba tia'A Price avtis=idiia;lt:
Partial taili;taion--Propertrtnerrrance:
> l5 11 t11i ".f"k finds it nee >an t , ;rocupe .T u.e a
portion or portions of the Work, prier t� `uh;tmtml
[Atli „t IIPALC'"Dt1AYJti r vla 8 i 1941t
v, q y"i F, lit l aytttt'w. XbAHI ICAII �5,1:14 b'UotU
Completion of all the Work, such use or oc upirley may
be accomplished to accordancewith ibara6rapht4.lit,
pioeided that no such use ar occupancy shall catmnence
bei'i2re the insurers providing the property insurance have
ackrurwledgel notice thereof a d in "ruing effected any
chances in coverage necessitated therapy. The insurers
providing the property inuurance shalt ocinskm by
eardorwrient oil the poky n policies, but ilia property
insurance shall not be cancelled or permitted to lame on
acecttrg of any suehpartial use or Occupancy,
ARTICLE Cr--CUNTRAC OR'S
RESt'Ea:YSIBILITI S
Supervision and S7tperintendertee:
8.1- CON11124CJ`0R shalt ;upereisc, inspect and
direct the Work acmrpetendy and efficiently, devoting
such attention thereto find apptyuV such skills and
ev:.pat:tus, as may be n;:cessay to pvrfonn the Woik in
st"ordanco uith the Contract Itocurnents.
CONI hAC FOR shall he solely responsible for the ntefms,
methods. techniques. :K%luenccs and procedures of
eorxstntation but CO'x'I'R.VC'f9R shall not Ire responsible,
tCx the negheemc A odlers fit the design or specifieriti<m
of ai specific mearts, method, technigoce sequence or
pro"durc of construction which is shown or indicated in
iutd eixpren-dy require[ by the Ctnrract Domments
t'fT., rlocf ox shall be responsible to see that the
C(allplcted Wo;t- sonsldies aoctnatclywith the C'onlmei
I A"eument:;
6 (TfNTR yCTOR -shall keep on the Wok mall
times during its Ilrogress a competes nvsident
su,lICI snteadem, u4ic, shall not he retraced without written
notice its 0" )F Rk and b'vt;l".tiElk eXcpx under
otrnordrttasv cutum=,t,mces.. TIv supemiam dent will b
.kX't tCVr P<?t:'s telvcs xt aUre at the site and sttolt have
aulhorrtc to sick on behalf of r'(rNTk.V7012 U
uCatn1l UFue.ttk?➢td to the AnP a7ant['tideett Shall be, as b1ndW�.
as it gn ut rind CE'3` t Io.AC1'(7R.
Labor, i=laterials and Viluipment:
CO\ I R --I ok shall 1,4m ide co pelem,
Simftbtc quafffW personnel to curvet. lay cnu and
cortsttuct the Wnfn as requuei b> the C'onmid
Dovinnent;. C'O\1 R t= ftl1t shall at all dunes maintain
gticx} di%opfilw artd order at the site. Except as othertvvie
re.quaad tar lhW safety- Or protection of'arsons or the
Work or fnopertc at Ile site or adjacent thereto. and
except as ithemse Indicated m the Conimta Dos;umenls_
all tlork at. the sue shall he 1?mfcrnted during regular
%NoTking hourn caul C.t %ti i k AC I Ok %vili not permit
crNerlime ev+stir of the pei losnimme of Fork on :Sanurdav-
Scnday or any IQ -al holiday without C3P,NFits %vruen
consent wren after prism written n,uuix- to L\(;I\LFk
lisle I s )h,sh,dl ;ahntit requests -to the KNGI.\ F Fx,
ml less than 4F hours in advance of ant Work to Iv
Ivrk%rmed en, Saiurds%, SUJI la%t llohda, s Of ocnsicfc the
hr;rus tr a =.ir€; u� t fsurl.
Ci 4, 1 Trilms otb rwiv. glecihed in the. t,)eneral
Rettuireancrila, CONTRACTOR shall titmish and assume
full resIorisibility for all materials, equiptnent, labor,
tanstlortation Constuction equipment and maelanery_
tools, applianu.x fuct, Ixnver, light, heat, telephone. water,
�amtary facilities, tetupomry liacihttes and all other
facilities and inciderttats necessary for the fumisshiag.
fvrfornrance. testing. &tart up and completion of the Work,
b 41 Nurchus.Kig _ Rest tutlwrrs. CQ' fJ�_ACf 0R
must acrtply with the Oiti`s purchasmg reslrictaans A
catty drf the r�sx5luiicns are aggilable Iesr rz_:teu In- the
offices ctt the Purchasing nrld Rosh Mama mem
Dti•iwoiror the City C ler6 s otlice,
fi4?. Cement Restrictions Cite of tort Collins
Reseluta'11 ` _1 1_'_ l rr_uaes tltat_su1 pllei_ and 1=oducers
oP cumgnt or prexluyts comaeii� cement to cenrtp that
ft Cirl nt.0 ts_,nat ntacia in_centeni Lillis that.. burn
hanirdous waste is a fuel.
b 5. All materials and equipment shall he of good
quality and new, excspt as othotwise provided in the
tbntracf Doecmtemi; All unuranues and guarantee.;
specifically called for by the Specifications shall express)}
run to the hencht of'l'NFR. Ifrequired by I Mi i'iEFR'.
CON FR.ACTOk shall furnish gmfacion evidence
(lncludin>q rcrxlrts of required tests) as to the kind and
quality of materials and equipmern_ All matetuik are
eluitmcnt shall he ad applied availeeonnevt�t ett•uled,
ukd. elean>ed and conditioned to accdsrelancc" with
instructions of the applicable Supplier, eecegxas esthcnvise
provided it) the ,'ontwvt I ocuTnemts
Progress Schedule.
tr h C"N" K \t "I OR shall depict¢ to the progress
schedule estahlislud in a c(,M,mte with rIarigraph 2 4 as it
rank- Ix adptstecl tRom time to time as provided below
ti-(i l �'O'� 1 kNA OR shall tt Nrig to E\t'N'.1 LK
for aecad>tance Sto llte extent indleatei in
p1ragrai^h"4j pri'N,,ed aLlIkilinertts u: the primrose
schzdule that will ixst change die; Contract 1 nmes tsar
\ile'IAQM's� SnchedjusunentswcIII conformaertcrallr,
to ate pr i n se �; 7hedule then in eflo t and audaionallq
will comply I}ith sin} promistori: of 1hQ clener,ti
Rayuirsntanb� applirahle tlterow
n ri, Pltvir er,1 adtustmcnis to file pu re , !,, hedule
thlt grill }unee the 1 ntract 7nm'x Foe tide 1 1W, !
,hall he ut,nittel is avuordancc with lltr reclune.ttents
ofpiriiriphI i "uch idjuvmienr rim .inn iv
matdc ti ei Cheinue Ordcr Or )bitten Amerwdment In
accordaree with Article 12
&7. Subseitut^and "Or -Equal" hems.
6 7 1. 1\ I mci an item of material or eilurixnetil rs
sjv'sifiad Jr dea;ribsd in the i"<. mwt Dcx:untenus bw
using the mime of a pnaprictan itern or the dame oC li
ixtiiicular Supplierthe sgrsific xxvt ar dcs:,l iistion is
uttcndeel re istabllsft !Ito tk1e, iumuon .1116 'j uA:ts
required I ❑less the ;pcuht nti In or d wripilon
I I, IN, i f IK,% , vt8lft: tilr3 +81 ,111i bIm)
1" w'F t I101 I•ljYI 1,1,1A5NI 111, 11I_-AS AIi I'Comn
contains or is followed by words reading that no like,
equivalent or "urrxquai` item or no suha. iinaion is
pemtitted, other dents of material or equipment or
material or equipment of <uhet Suppliers may he -
accepted In F?> GINEER under the following
CirCum'AHIICeS:
&T1,1 `Y)r-Equul" It in F\i INIJl is sole
discretion an item of material car equipment
piopc1aCd b5' CONIR'r(_)R I$ Ilunsticntallt
equal to that named and sutficieni� smtilar si) that
no change in related Work will be required, it may
tx, cemidered bi,< kAUP P'I;k av ten "or-ec)ucit"
item, in which cm sc review and approval of the
proposed teem mny. in ENGIM+R's role
discretion, lv accomtphshed without wmphance
with wmv or all of the recluireinrnts for
accepcince of propoosed substitute items.
6.7.1.2. Suhsijitue Items. If in 1 n vINUR's sole
discretion an item of material or equilnnent
proposed by t;`,ONTRAC "K)R does not qualify as
an "or -equal" iwm under 6.7_1 1- it
will be considered a proposed suhstinite itern.
CON-1 RAl"I'OR shalt sdtbmtt sutncwra
information as prtmided Wow to allow
ENGTINI FF€? to determine thluthe Item of material
or e1gtdpinem prnpop d is esWlnIalh egalyaletrt to
that named and an acceptable suhstitute thcretbr
The procedure for ievlew by the L' ,1'w'1_EIt will
include [tie lidlowing as supplesu€ mi Ill the
iieneral RegIarements and as P1k;lti -+K may
decide is appropriate under the circumstances
Rcxjue_*; for review lIt' pr('po^,ed nulictitute items
Of material or equipment will not le ,icoer4od by
FNCI FER lions ancond other than
rl'CsNtTR_1d TOR If '( is T1L CTI )R ti tshcs to
Iumish or uze a m4hsti the hem Ill material or
equipment, 't lv l'l' AC] OR shall ii.Nt stake
written appl Callirn to FA61" E:31Z 1, r acce+IMance
titarM, eeni3'�'anv tltil the piesp r; ki v9th .effete will
perforin adeluatcly the functions anal adueve the
resclts CAIC l fen hq the _eneral d0ign, be aontlst
in ru vwe to that sifIek'Med awed he ¢eared to the
saute use as that spec fied- The ap lw,itton will
state rle extent if am" lu asludi the evaluation
and aecaptana- of IhL•„Iwntpcised svhstinal' will
prejudice d't) '1'R;V'rtW's tohiei•emeni of
Substantial C ORII11 bore on ttme, whether or nest
aecepitmcc of the svbsinie t�:rr use in the \t"orI,
will recpnra I drone:¢ ill am„f tltC C olltni't
1:?actnnents for in the pn:cisian sf am. othet
direct eontaet eritit IMNLR fit on the
Proluaj to udapt ill,, J first 0.o ihf progx, ewd
substitute and wh thei or not meo poiaue,n or use
of -the suhstiRae in cormcitum with the lkork is
,ub cct to pai'mant of um jwerlsc Le Or ropajii
All yarimtons of the propoxd si bstaute from that
a)iecified I%M be idol) iccl nt the pplxalhm and
Mailable ntatntan:vt e. rcd"air and tcltlueracia
Skxiice will he indiemed I he alpriiIaIlkst wilt
also e0lit.un art itealiiedestimate el a"i costs or
credits that will result hreol, or mdaertlwfrom
acteptarxe of Such subs4uule. menu lug owls A
redeslUn end claims of other mnunet, is €llTected
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
by the restdtvik change- all of which will IV
('ON"FRACIFOR shalt porforal not than N)
- - "*
eonsidcred by F`K(;INIq--.R in evaluating the
h mccrit ot the Work with.jis owrajorees qW is,
proposed suNstituate. HIN"J'ITNErR may regire
Lthvut1s6tgontr-a-,e'tL , - —
v. The
,
CONTRACTOR to funm� lour
shall IV unde-mood-i o refer -wo-the kVork the value or
the proploised substitute.
6,713, C()-,`k,7RA('T01?'x Expense: AB data to be
provided lw CoNTRACTOR in smpjxxt of law
C' 8 2, If '4110 ',SuPPIdineolary CAnditteltis Biddirtge
'identity
frolV'sed "tar -equal" or substitute itemwill be at
Documents require the of certain
CON] RACTOR's extxrrw
Subcontractors. *.iupphets or other pMolrls or
Organizations (including thixe who are to furnith the
6,7,2. submintat, Coiuirxttienn 'Vedlix4- or
1wincipal items of materials or equiprient) to [,v
PPmV0t'11e5- 11 9 19veitic means, metlIcid technique-
suhnialed to 0i'V!'3;R In ridviince of 11-ie 4Jvclfied
sequence or procedure of construction is shown or
drite Itricii to die Effective Date of the Agreewcnj for
Indicated in orkI eTrer,,Iv required iW the ('01111'riCt
I
acceptance lw ONVNI-,R arid h\GINl,1'F7,'- and if
Documents, (,'O,"� I RAffOR miry furnish or utilize a
404AWAC V40R -hs' suhtnitted * 44 dweof in
Substitute Means, mettiod lechilique, sequence or
ac ndanea With [IN Suppteinviliffly Covithtions,
procedure ot'construction iectfItal1c to EN-6j*"l"FR
OWNER's or UNOINE'lik's acceptance (either in
CON I RX"I OR shall suhnit sufficient inforritiation to
wriling or by filling to inuke kkiateri objection thereto
-date
allow E'kGIM'lsR, m NNOINI+A's ale discretion, to
by the indicated tor acceptance or ob1ceacm, in
determine that the substitute proposed is equaksilent to
the bidkbl&documents or the Contra l Documents) 4
thrit e,\jiVvJv called lot by thl: Contract Doculnents
nrw-SW-h Subctmtrfictor, Supplier kv other lvr.,n or
'I he twocedure tbr ra'rew by FNGINFhiX will IV
Identifitxt Infiv, he fevoiR "Al'the
9lmilrir to that prC)vidL!Clinsijt)p8ia�,ripli67 I
IvIss offeallonable nbjisitiroli lifier Lire mvl Aivaiton,
m—Whielh- orrIle- iXA I , RW " FOR sh;+W-,U414 -M)
J�K
6 73, Ftiginver.N EvAiatum: FNCIN� M will IV.
acceptiable lurk4itute, the ?""tjtm'j Pifee Will he
allowed a reasentibte time within which to evaluate
04 �--by U*-difftTi'iW'-Ip"IJv
each [kaTosal or 'whinittal made purauam it)
salon iubatitution and an upprtM-kliaw Chan#P Older
paragraph 6.71 2 and 6 7 2 ENGINTUR %% it] be the
*vw,4- )gill
sole judge of accepurbilAk No 'oj,equid" or
constitute '.1 c0ndflikar of the Contract requn Ing the
Iall"Aillute will he ordered, in�talled or uldwed without
Pse of' they or other
prior written acceptance which will Inc
persons or -ori�mi-7inoia on the Work Unless Prior
ka'Oenced by either it Chan&c 0i Jor or im appua L,-,l
al P-obmindfioln OWNFR and
"),hop Dr";wIng (M-NIN may require
-
0 acceptance hN, (A , - Ir
COM-I'Al"IOR to tunrish at ('ONJRACr0R'!;
F'NMNFFk ol'ativ such s,Jvoritiacior supplier or
exf,virise a special perf6rmance gkilraMT& ea other
other 1vt1oll of organt'.'atloil ;hAI con!Jitutc it waiver
surety ksidl respect to any'(31-cqual" or substilut'!
Y
of am itglit or I t\\\l K or to I21cvt
ENGLIN Fl,'E'R will record tune nxitured by
Cleleerfre lVork
F-1\(!tNFtq1' and corisiuhklr43 in
ovilluating propowd or suhllltle'l by'
6.9.
CONIRAC IOR PUJSUan[t0l-Mragrql*S67l 'iijid
672 and in mlikkng changes in the Contract
no, 1 l'( IN r RA( ' I OR shall 1x (Wh resjxmsil-llc to
(cr in tire fIrove;iow, (if any other diret t
(M 7,A,,,R kind UNG I\LE k for all acts alki oin ty3a) s
eollu"wi with OwI"
" 'R for Wolf, oil the Proiccl)
of the SIIIVxintramom Sus pliem :ill,] "11101 [VI-nitsocca"Jorted
there1w kkIlethel or not IACT\ EER
and oEganuitons rxfoolinu )I turnishing onk ofthe
UCCYJA,�a sLJIAAWC lU'M So ptkpnkejj (It submitted h%
'iVOTI, under ;I direct fT- Indiro-t omftacr with
("\TR S' V701C C( NFKWICIR sbll retnlbui
CONTRACTOR gk;I is (,I r I,_ I OR
(Ak XIN for the clw&e5 et EN'G[NFER and
responsible for own acts and
LN(ANEER'C'omllftants l'or evaluating each SLIA
\othing in the I ontract I octitrem,; jjj,,ll
propot-e-,d subsi attic item
create Earthe 1xi-1011t ot :Inc such
6.8—, Concerning SubcontructrAts. Suppliers (1,j,j
"upplier or ohct pern oF o'Lilnwitijon iii-tv
Contractual lvn zV1'•;iiii or
ether lvilsOn to oipiraiiaton, nor Shall 4 k,leAe allk
M's I kACl OR Miall not employ' ank
I
oNigpilorl on the ]art of'(m I.",
Sublix,ritriacLor,
S w[Ther or other rlcrkAn or orglinizalion
llae or to ne to the paknicra of env ni"ncvs due am
oncilidink-, how id C,111ittile to MiNH1 and
per,n ,I
01�lariljii taill "cept as ill it k
inawhy or a.5 a sUbgjtule, agilllrq whorn (AV\j-'K
iron tear
F mac have reiNorrlihle objection
kirni,h to any >aJvonaacwr, slifr1wr 'i, other jx'rson
li RA( "WR shall not iv required to employ all}
Or orgunwI tion 0 lk.reni A alnoulit, 'aid to
In with
to thrash or perform anN of the \\,,Irk aga�irst whom)N
I RA( 1 ()K" Appjjwtlorekv,111 '� 1�'r clit,
(1( )l"T RACi OR has reaqorcible Ohjectl"!l
11'(1 ly ¢ 4 P "x I '-, R I r-"* M"'D[Fiwx 1111" lKv% I' oat
691 CONTR,M l OR .shall be w1cly reispansible
for scheduling and coordinating the !Fork of
Subcontractors. Suppliers and other persons and
or&anirations pas€"onning or furnishing any of the
Work under a direct or indirect contract with
CONTRA(1OR CON I RAC" 1'OR shall reuire all
Subcontractors. Suppliers and such other persons and
o%aruzitaous perfcrcming or hutrnshting arty of thee
Work to ewnmunicate with the ENGI":v iER Hutmigh
CON FRAC IOK
a 1 U, The divisions arcs sections of the !Specifications and
the identifications of any Drawing shall not control
CON N I RACTOR in dividing the Work, aniong
Suhoontraciors or `',uripluim or delineating. the Work to tx
performed by anv spcolic trade.
C, 11, AIt tb'ork pderionned for CON RAC7'OR by a
Suin:onvrldor or Supplier will be pursuant to an
.n"�wopnate agreement between CONTRACTOR and the
Suhcs>i tracror cx Supplier which specifically hinds the
Suhcntraator or Supplier to the applicable term's and
conciaicros cot'the (contract I)ocurt Rs for the h,rnfit of
Ol\''v h>R and }"vt;iti}3F.R tL'h+oner:x airy -shah ugr�mettt
cs-taint a-Sebeentraot<ar :K-Supplier-e+ho is-4is#e4-tawn
fxki€tinnall insured on tine pnaypetty-trwutnvte, provrded-in
qu tam rpl s. tr or 4 I - the ...:trreement - hetweell 4fre
C(AI'RACTOR calif the Suiwa»nuacuar or Supplier will
eearxairr Ixewisn�trs-s+byte#w ihr->ti4+c�ntrrtetcx_vrr ,Sri}aplizr
+wrti.ts-.rkib tiglNi*--a#ani.t—ovk§'o-viL#iil{ f6k;
1 NGIti-J-.'R, W t;lNl Ilk S ConsullanE¢ and all other
ackluic--ianut"-44-s+ll4=a5sex-aitz#-don+a�+es-elausrd-Iw::
:art ftog sot<al a re�tltiryu 4t�m enc--c�# the p�d�cor-�zvl tze
*such 4�.^#ieietiatxdAnv�-ula<^t��<>p,+rty-tnsursr�a4raah42ia
the Work - It the 111sureas on-aanr soda polioies requite
.kglav rte-wooer fcntaw to be anwnatii-by attty StaYa<:erttrex;hrt�-c�t
`su}tplret a;Oa4I:-y<'=[-£if< will 4ai in the alarms
Parent Veeirand limyrtrie.s:
o I _ r'( i,, 1I R V "kC R ;)all help all hcene,e tees and
rovahtnes and ds>Ymrc all ctr!ts aMdcnt to the use in the
l rfonnar n of the t1'ork terthe rnctY}poi ricpat in the b kmk-
oi' flee invention, des �o prccesv, }product of device which
u the ;ubµei of patent rights or eoprttghis held by other's.
Sf n p(ariieulm invern) m design pea c^,, product or device
t ypectfied to the C'olluict Pocuments Itx use ill die
lxrlora»ance A the W o it . nail of to the ziouai knots ledge of
Colt XI R ce 1 NI-61N E R its aus,, is. subiect tea patent rights
w cnlltng foa the pgrnvnt of cap% lwcan e fee or
rovAty to others. the existence of ;rich rights shalt be
stt.cl,wd tit C '%NISI an the t ca+u�au h Ti, k€w
r'ula,-sl extant lxrmiirrol IY- Laws anti Regtjhiion;
�'ri,.IRrvr10k slurtl indemnify roil lu>ld Narrates,
Av''p.i12, L <til faiR_ I x.t+l'yLtiRs Consultants and tine
officcrs,, directors, empleox cex, ag;nts and other .onsultara-,
of o aik h and i\ of them from and agamm all shame co,*;,
"eA VS grad demnyes arising, out of -pr resulting troin erns
infringement o:l jxuAmi rrght, or vpa rights incident to the
use in the Ivrformanoe of the Worl, or resol ion; from the.
meo,gporation in the llaxk. of mix.mtcntion. a;eiagm
pi,�eess, pi(xioei or de-,i,e nor-anecitii-d m thr C,,atm-t
t ),,c incrnit;
u,u_t)+,•ave>,iaat cr tnrrn,.re tat tuvoCohwxu
14 ee�31'e'11i ,421t alit\iAtrdnllc 441eF;""(at i I -.OH
Pernrils
6.11 Ctnless otherwise provided in the SU plementiry
Conns, ditio('ONTRAOTOR shall obtain and pay for ali
consuxtcaion permits and litmus. MVNER. shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shill pev all
governmental ebrugos and err gnction bxs neco.,iarp for
the prosecution of the gene, which are applicable at the
time of opening of Bids, or, if there are no Bids, oil the
Effective Date of the Agromaim CONTRACCTC:)R shrall
pay" all claryvs of utility owners For connections to the
Work, said OlVXPti R shall pay all charges of such utility
owners for capital costs related ihereto such as plant
investment fees -
&A Laws airdRegittnliens.
6.14.1, C ONIRACTOR shalt give all notices and
cxpmlpiy with all laws and Regulations aripheable to
futnle&ng aiul performance of the Work Except
where otherwise expressly required by applicable
I „aws and Regutatiors;, neither 0WNfi72 nor
HN(U'xhER. shall he responsible for monitoring
CO`lTRAC O R's compliance with anv I.,awx u
Regulations.
6142. 11' CONTRACTOR lortinms anq Work
knowinap, or having, reason to know that it is cotamy
to taws or Regulation, CONIRACIOR shall Ikar
all claims, ,casts. bases ,and damag.a exacted by,
arising out of or resulting therefrom_- however, it shstll
riot IV CONTRAC".TOi2s 4mmuro teocfymsiiailifi to
make cxanaan dint the Spectfic;ium s aand I Tawings are
m ,acc(ndancc with Laws and Regulations, but dais
sloop riot relieyi. CO\'TRAC T()R. of
Ct ax,"l RAC I ORs obligations tarsier paragraph 3.3 3.
I fvrm
Cell - t'C,y;fR' (1OR sNli pay all sak_', ,oasame-r,
toe and other similar taxes required to be paid Ile
CON l R.1( TOR. in accord[ me with flit kni,,,. and
Regulations of the place of the, Project which are
applicably durti� the l>zrfa mania of the l?,'ork
61 s I t rvN NER i, eNempt steam Colviado State .nid
local stiles and use .{luxe on materials IL, be
Nrinanenth incorporated into, the project 4aid taxi;
z1>erti nut h` Mtn tydgd nl t}te +'nixnact, is a q,
r ( ey: '>}y."apply _
1 ,�C'"�'o>ix rrtui fret_.. and rca eaue,.a. _;.
t erfifieate of Cr om the ¢ oalornok)
t) nlilent-.1 R<y,;estuc, l<xr �conytru�kvon make #i�hlo)
Ise phy sncalK mcorp orand mto the protect 1 his
C'eru4ieatuxr 'af Evemphcyn provsdes that the
C t N RA Cl{ oR shill ncaher avi, v or any ode in his
bijh lsrl<s a rid 1 u 'Coaxes on ilia Lmldin'_ and
uanstl4ell>n. naatertals_.}7latst,ull]� else atx,alcj..Into
the project,
Address
C o1c m,,l i l e i tttaent of Rco came
Stare('iriuiI Anne\
13 75 Sherman Street
1>enyer C'<,ioracip, R+1^(l
Safes and t m_Taxes for the `,trite or Colorado.
ltegiuntl Tran�xirtauon T)istriu (R7'TJ)_and certain
Qtlorado counties are collected by the State of
t`okxado and are occlude i in tEu ('tific> u xt oi`
Al_uldnc�abbt Sates and Ix 1axesdimiudirIg State
aifie^ ted t ins), on any it. -ins -other than_ comtructrcm
and buticli,p materralnrhysicalh into ate E into, flit
p1`1-c- are to IBC, br C`t);�.Plt TO and Fire to
Ix ine-hijeci in HLPpo� fate bbJ }coca,
I''se oj'Premixes:
6 16_ ('ON-[ RACTOR shall confine construction
tNutpment. the storage of makrials and equipment and the
�pvrtatiom 4workers to the site and land and areas
iQentified in end permitted b% the Contract Documents and
other land and area, pemutred far Laws and Regulations
riglas. f-way, Ixrmiis and ca-senents, and shall not
unretr�tnably encumber the pvrri ses with c;oixtrnction
equipment or other matertals or ojuiprient.
CONTRACTOR shalt rs;ume lull regrombj ity f6i any
damage to any stick land or area or to the ouricr +rr
Oceufart ilereof of of and adjacent land or a€eat resulting
fiem the perforulAnce of the \A`ork. Should alw, chino he
made In- snr such owner pr occu}xint hecaulX of the
Ixrforn6rice or the W% rrk, (*(AJft 1C FOk shall promptly
sY:ule with such other party by nea2otianon or otherwi.se
r solve Flit .law by arhaiauon or other dr-pute rooJulian
proceeding or At lawt f r't 1 ItaCl'r )1: shall, to the hallest
tltcnt permitted by lArws and Regulations, tru maii1v raid
hold hamitcss CANNl.l I'sNONTPf. E:N[r! Tl'R's
'onsuliant and air,one drrectlg or tndaecQy employed b
am of diem from mid against all cl,rn costs- losses and
damages arising can or or resutltun horn anv claim or
Firkin, legal or equnahle, brouL t bt Am Sucat 'Amer or
occutaan; aeamk.t (AN NHR, l N. FINE Lit oe Am oilier pat
ul&rmiriecdi hereunder to the eo�rcm-ace>ed'b, or used
up,n t ( )NI R,At`I(>R`s f>4rknmmicu in the Work.
617 fiui utg the progre .s ,f the Work. 0 a'v` R ACTOR
shall keep ,he premwlez Ircc Irom auuniulanonn of waste
utarertais, uhi=r.h acid onc�t debt i� resulting from the
11 ark AI the completion of the U ork C ( NI'R \- "I`UR
^hall rer:lrnd All waste mate tail, nil b t ) and debris from
and ,rbcsut dtc premises it, rvrll as air tool%. ,yaphaticcs,
-emu utie+n cytnpmmi aid min Innen send surplus
material,..hail lea+-d the site clean and
n,I,f% ter occi l-vintp b {l:§',.I.R at Substantial
t olaplettot A 11w 1\Mach, t t r., IRAt'1 ()R shrali restore der
%rtam.al ci>ndium all propcity net desnnited for alteration
h% the i'onlraet I K> umentt;.
n 1 ,, i'( } I I'..VCI'Csli shall not load oar permit any tx;rt
cl ;nr} steamer- to be leached in am ruamier that will
car brier IK, ,lrrwmru _ nor stxdl Cl Al RA( I I aR subject
kill% part chi 0 c tV'ork or adjacent property to stre,.;es or
'rr •sv vo�s that will eru.larnFcr it
Reeord DoennleitA
I a Uc „176 [ir ll d.�'v1JITic�"rit`?1t,g itl`+J L�7iGse�
a ery'IY z,'rf'IT at I ,' ,€ E.3 �`•AIll rn'If ;47b nth a!I V a; OOip
6 19 ('ON MACTOR shall maintain in a salvo place at
the situ one r eord copy of all Orawings, SNcirications,
Addenda, Written :Amendinents. Change Orders, Work
('range IJireciivcs. Field Orders and written
interpretations and clarilications (€.sued pursuant to
paragraph9-4) in good order rind annotated to show nil
changes made during comuraction. I'hese record
cloculot its lc>getbff wills all Approved Samples and a
axanterpart or all apprmed Shop Drawings will be
available to EN(, INEI R for reference, Lptni umiplction
of the Work_ and prior a) release of final payment, these
record Wcutiients Samples aril Shop [Jrawi%s will he
delivered try I',X6 NLi?R. fix () Nhk.
Safetp and,ormectimi:
6.20. COMRAC "IOR 4iall be imp n lAble fix
initiate , mmtntaining and supervising all sai'm
precautions and provranis in uxurestiorl with the ttrurk-
C (A I RAC rok shall take all necema ry precautions for
the aatctr. or, And shall prtwidc the neccsaary protezdon to
prevent amiiize, injury or los;i to
r, !ul, all per-soxts on the l4'ork kite or who inav Iv
of tected by the Work;
6 ,u ? aJl the Work, and mat 7tak mul equipment to
Is, incorlxinued therein, whether in start, e on or off
the site: and
a _u 3. dua`ier prof rty at the site or 'idjaeent thereto,
Including trees shrubs, lawns, walks, pavements,
t aciwuy` structulr s, uititfica_ Arad 1)idargnmind
I sahtses not dclmgnated for r<movlil relocation or
rcplac,lsncnt in the coarre of construcuan
r IUN I RAC I OR shall cvrnrpry wlih all Applicrihlc Laws
and ReguleCiors ofan4 public body havitigjeui sdietton fur
salet% or persons or prorcm or io pimect thorn front
di nal e, aiqury c%t hyls, and shill erect and kilaintain al]
neck,tiWk eafe1-aur1I1 for Sucks satety and protection.
C'C X'I no fi: ownera orad acem pn;perty
anal of I nderground hearties :aid utilfli oieaiesr whoa
I)rwa< utrni of the Work map allzet tftern, and shall
coopctate AN th them in the protour n, return it rviocation
and rcpla.cmeni o f their prolxrry Ali dun a x injury or
Liss to Fria' pre¢'ctt reti-ned to in paragtaphs621)� or
6 211 > catr,-d dirutly r=r Irldr-ei fly, in whole or in hart, be
r"C)? llf.A+`P}fi ate SUbC0ntract0r. Supplier or am
olhcn person of iac,utiildron dmmlK rr indiretrtlw
cmpl ii ed by aor, of them in pc fOrtll or fumia h Arty of die
lb'tuu, e1 uIt}one lc. ¢ht:',cact,an'. of them m k, ice liable,
shill her n [%lied 1-, t rz'yT]e st 1 ttR Qr cent iamape ar
loses UllrlkUlable to the fault t1 i fi rwiagv (IF Spec dicanoris
or to tic acts Of om1-1emr; of ( Ak MiR of 1 N6I'>.hlia2 or
13tiCn f fek's l;vnsuitant or anyone emplo%ed I)c, any or
therm or amcxie nor ukho�, seen any of them Fria%= he liable,
and not alittbutuhla direuh or mdirtcdk, in ichole or in
pact, tc the filth of rl (t 1,Th ti 1 OR or ;anc
Suhccmtactor, krppher of other person or ur,amtzaation
dm:aflc yr indircctls emphwcd by uric of their)
M', I R \f"t OWS d caw lirld for the ssfety
ancf I r icoaon of the "0[k "}Walk` cOFAMae Until each time
as rill the Work is crampltted mid 1 `1- 61'v E h k has issued a
nattce to OWNER and t'(Nv'l RA CTOR in iccordartce
with paragraph 14. tI that the Work is aac c noble (except ss
otlwrwisn expressl�t providul in colmection with
,ubM iktraikd Ccnnplel
6.21, Sttfery
CONTRACTOR shall dmiggillue a qualified and
experienced safety representative at the site who%c duties
arid responsibilities shall be the prevention of accidwts and
the maintaining. and xUpervising of safety precautions and
Irograms.
Hazard Communication Progrartw:
622 COX I R C I OR sitalt be responsible for
duordinanng any exchange of material �kfety data shtY.ts or
other hazatrd communication Information required to he
made available to or exehrulged between or among
eniployerh at the rota in accordance aviih € aces or
Regulations,
I:xtergeneies
G 23 fit emergencies affecting, the safety or protection of
peon is or the WtA or property at the site or adjacent
thereto. CO), RACIOR, withcan sp"tal instruction or
authorinhtm Rant t)L'r"'� hR dx 1�lGIAF,t:R, is obligss[ed to
act to pievria threatened damage, injury or loss.
t'(t' IkACTOR shall gate F'g0ThIT,R prompt wr[nen
nmi e if CCi` IRAC."Mile heireyev thni any sraatihcrrnt
chamtics in the Work or variations front ilx <'ontract
t7cwnments have been caused thetelm It F.'NGTl:r'F.12.
determines that a change tit the. Contract Documents is
required lxeause of the attton taken by C (A-1 RACTfOR in
rotifx4a5c to such nn ernetgen - a Work, t'harhte Dueetr .=
err Chang ()tier will be issued to document the.
consequences of tenth action
6,24. ShvpDritwittksantlSantl,les:
','A.t.4 ;WCR;A('T()k shall uthanit `;hop Irm,.%Ing-,
to J>M;lAk.t.R for resrevv and ttpploval in ac,ol a,nce
troth tax n,:v'epted schedule of Shop litre%Ittg„s and
smtph sutnnrittals tree Imragraph'_ +1 .111 sul,mittals
tulll be alentitied as f,x.(il\lil:R nuiv require sand in
she nunlIvr of copies apes ficd in the F)eneral
Rec(lniemencs. `the duta shown on the N hop Irrmvmes
trill he Complete frith respect to luuntitiez
c4ntetrslcros,livvkfied IvaEcnnnnce and design criteria.
nvq r6k and mntiasr data to show 1.'.i11'�t•FFZ tier
nmtenuls until equtpuent ('ON I K.1d: 10K pr t _>u+s 3cs
plotidr unit to mlbie to r aim% the
intirmiltion for tale limitcxl recluiral hg
p tragillph +i '{,
d 1% fR:1S'l Oil, shall also mhmll :S.rmples ;o
lNkf V,lU'k for rd~`iew- and ;rlvpltwal in .tcc,,rdaltc
wdh sand accepted xhcdult of tihep l)ra rn s and
'simple submluaLs FA6 Sumple will he tdrent Lied
elearlr as to material. tiuppher, peluncnt dal, Sidi ;+s
.:n:aKV numbers ands the its' for which ntten'IM and
otlunt'ise as t_'C! ia. I =4R tna;' r*,x.jM e tr. enable
I ` I'dM; -k a, review the ,nhnntml far the lmutod
H) t=F'+ta. a1 rrl it k.,,S1t1 a r„+(IF 6d4�1
II' dv+tl 1, dal I oi2l COO IV,'; Id 111, :v Ali I?i,,Jl!
porpaxws mquirexi by paragrarit (l.26 1 he numbers
of eak h Sample to he submitted will be as tgxtificd in
the Specilicatiorts.
6,25, Sabuidtat Proceduresr
6.25.1, Before submitting each 5ltcg, ])musing ur
Sample. C(>hTR ( TOR sltiall lave detertni and
verified:
ti'S I all Field measurements, quantities,
ditnensions, specified performance criteria.
installation rerluiremmlt mmermin, mtulog
rurmtxrs and sirniiat information lvith respect
therein.
6,27.I I all ntatetuds with respxt to intended
use, fabricatxm, shipping, handling. average,
assembly and installation pertaining to lire
ptv'formranrs, al�0tc Work, and
6t25.1.3 all information relative to
CON I'RAC R )R's tulle mupcntvibdrties in respect:
of naeans, methocLs, tecluucgtes, :.ecpaextees and
procedures of constructiwt and safety precautions
and provramsincident ihercto.
COVFRACTUR shall also haw ruvtetved and
coordinated each `;hop Diawnrg ur Sample veldt other
Shop I)rwvkjig,¢ arnd Samples and tdith the
requtremenrs of the Work and the. Co mnm
Documents.
2� 2 flash submittal it -ill bear a stamp or specific
u rritttt indican.,n that C,C7V°lR,'�tTC Ni has sztishect
C,ONTRAC TOR's obligations under the C.'unnact
l munions % tilt re_spcet to Col, FRAC I ( )Ws res,etc
and approval of that subntitret.
ti -�4� 3I `u the time of each sulbnntsaon,
0)AIR1CFOR shall ejve EIN{il'.1..1}R sjx,ciflc
whiten indict of -,each variations, if ant. that the Shop
13notkrn ut Sample Suborned Wray have lid=ut the
reqununenis of the Contract Documrtns such liouee
to tat in a "'rotten dmnnunrcau,n wpanitc hone the
xchmtnaL and, in mWition, shah eauw a sfs-cjhc
notation to be made on each Shop Lh t utt and
.simple submitted to L'Z.(,ltiliT3k for retie%- and
apts'oval of reach and ii cariatissrt-
r�_'ti 1 �'t<a'iilZ %°ill reuirty and apijTovo Shdy',
Dram a,td aample, in ao cooEance with Hie •uheduie of
Shop ltrrmngs and `,maple 52uhmitkils .iccrjxat be
1i1(elil:l k as required by parawelrla'_.q t,'vril\ iK'ti
review and approval will Ise onl} to determine it the hems
,O%M:d br the wlmnttals Will, allot utsitdlaucm or
md:dxT,uailon in the tVork, uonlortn to the mlorimmon
oxen an the Comr i i D,xutncnts amd be eontlratible x ith
the design c;rtcept of the et,"mpletedk I'topeet ens it
fitnctiattige whole av uldkcatesl !as the i'anzrwt
Donuruents review and appros.al will neat
cttend io mr:m5 Irrthr"dx, rcrhlndlxats s,Il nncv or
procedures of ccnvtructwn eaccpt wired .r I trti<ulm
means, method, technique, eyucnce ;)r procedure of
consfrudion is specificalfp and eottrossly called for by the
Contract Documcnts) or to mfety procautions ctr programs
incident thereto. The review and apprcnal of a se sue
item as such will not indicate approval of the assent ly in
which the item functions. C;CRvTPUCIOR shall make
corrections required by EN IN1"iM and shall return the
required number of corrected copies of Shop Drawings and
submit as rec.l{uacd new Samples for review and approval.
CONTRACTOR shall direct specittic attention in writing, to
revisions ether than the corrections called for try
rN'GFv"1 I;R On previous snuhmiulr6
617 i3dott. NFER's review and approval Of Shop
Drawings or Sanhples shall not relieve CO TRACTOR,
from responsability for any variation from the requirements
of the Contract Ik�euments tmlms c ON'TRACTC)R has in
%ruing 4alled 11-:NGINE'ER's attention to each such
variation at thetime of submission as required by
paragraph o 25,3 and EINGINMiR Tuts given writteyn
approval of each such variation by a specitk written
rotation thereof incorporated 01 ar accompanying the Slop
Drawing ar Sample approval; nor will any approval by
I t 31SEM relieve CiTr °RACTOR lion respomthihty
for complying, with the rejuirements of paragraph 6 251
6 28 till a Shop Drnvving ca Sample is requaed by
the Contract Document, or the schodule, of Shop Drawing
and Sample vubmiaslons acvepicd by 1,tNRll 'T+,R. aS
t quired b lmragraph 2 0, any related Wort f<rfonned
f;onm to fia.trl til,,hR's I�rm�w arxt approval Qf the lxairhelu
,tihmvttal will be or the tole expense and respornlbility of
t'()\l' k.AC r()R_
Contiuuingthe- Itolkr
629 COXI`RiC'roti gall unns on the work and
adhere w dw prugnss whadtte olorlrrg, all dtaputes <x
dike"eernenr•,saht�thr.'.'1!R '�iol'�or]<shalll'co(elatedcu
per:tponed penduqtl rInolulton of nay dtslattee or
disagrcemenr� except m fxhnuued by par aph 15 ; ar lts
t)t NLR and t' Sv t%1d `I { 7R mar otho16se agree in
writing
6.30, CONTR4CTt7R's General tGarrasir and
Guarantee.
G 30.1 t ( IN rR1C ft)R w'erralhts and guen,nwa ' to
r it\ l It k,N: ;t\1 I'k urtd ENGINLER's Colisldtrmts
tvt ail Work will be in accordance with the t'onuuct
Documents rind wd l riot b 44"ctrna
CON k 1Crt`*2 i%trronty and guarantee hereunder
exclude!. o M!, der clam age caused by,
63tt.1.1. abuse, 1110MIeation or anfxolx•r
mamterranct or operation by persons other thin
l R AtCI OR. or .or
o.>iti_-'-'. nomild wear and tear under natural
Usage.
G-3c1,„,'tt Ct2,',C.rlt<'a obligilu n to peitioan u1a1
,xomplelo tine Ltiork in scrorodatwr with the Contraat
17:xYarveats sholl 1� absolute. �:xnnc of thi f oliowung
will constitute sun acceptance of Work that is not in
a ccordanoe wall tlx Contract Documents or a release
Of I'0N-iTRAt 'rOR's crl}hganon to prdfbrm the Work
in accorchince with the Contract Documents;
b311.21, otasenatdonsbyr\GI\EM
6.30.2.2. recommendation of anv progress or
Cmtrl pttyment by FLt t tNL1.R,
c 30"'3. the istonto c of a Urruficate of
SuIf [antral Completion ur one pavm(mt by
CAVNER to CONTRACTOR TRiC`TOR under the CaNract
Do cunnents�
o 3t)_2 4 use or occulyincy of the Work or any
pan thereof by OWN N:
6 31) i 5. any acceptance by i rot mik or any
failure to do.SO.
o31Q0. any review and approval of a Shop
Drawing or Sample suuNitmal or the tssntance of a
notice of acceptaluljty by i NGfN'l+k pursuant
topnMa'irh 14 13;
ti:10f 2.7 imp inspection, test Or appa»=tl b}°
(,them, or
30.2-8. any conecilo n of Work lw
t )ilhill.
Indemnification.
631 1 o) the fullest w:trnt pennittcd b• Laws and
Regulations, 0 )X1RA CJtQ shall indeumity and hold
lhar'mless OWN Ft" l:No,FNUk, EN-6II FER's
+ osaasttltanti and the of ci tz daectols; employees, agents
and other consudtants+:'t' each and anv of them from and
agaansl :all chains u+dv, csrCh arul dam ices fandtx5ng,
but not inmiled to, all t'oe; .and .horgo, of errgineors,
nrehitects_ atttnney s lead ohtro; prole, «n ds rind ail C rt
t1r arbitration or other di.�pute rnxodudon unts) caused by,
rristng out of ur resulting from the prrlonmance of tee
iS'cxk provided that any such t ieun, ccr.,E, kxs or d:anage.
i) it aunbtnabie to 114,'nevs, JPW; P ur
demll or to, injury to cr tlestruuion of tangible, properly
iohher than the It h.k itselfh, r MUI.1irlg the 10S of use
resuhtng therefrom, and (ni v; i,auud In %%hole or in part
by Han uo.clitxnl lict or on lul4icn of , Yj'<'l R (I OR, line
Stlb('l>nlr"rGliSr, any Supplier, x)I JVMil Or QrantnlZBUln
directk, or indirectly emplolx od m one ohfi}xm to fxrionn
cr fume -hi any o4 the %Cork o a n, ore lrut %%how vets any
of them rn-iv 1xc liable, o%%hobo; or not caused
in part by am' mg.figelnce ur onrtssolt.lit a person or entity,
rndammilecf hereunder or Ithether hal,rhtY is imposed
upon such indemnified part} to Laws; laid RZ Inflations
teg'ardles, of the nr h, once of am such p,�rson „, enhitA
t1.32'.. In arm- alKI ail cl tin ; agootol f \%> N11,K or
1 !G Ctif h:Ii. using oI thevr, t�dstn r cnmuLanis. anent";_
oi'ticera, dfreclor, or employees by am ernhlo}ec for the
oui�nix or lxrsclna) leprese ehtitr of su,h itnplmv6 of
ttj°.Ik.AI Ifrk. am `>ubcoaraaUtor, inn `upuiwr, all,.
Ik.rsc n ,r Or-enlrurrth direC.0% or ❑ diroMy e;nptoyed hip
IAt)r'OENI Ic U.C',ADE"n%Ny 101 0,8119'>u1 itm" 1±
w (11 ti .)r tilt I "141 INS V10111FICA111 E41 l t: Y1001
arty, of thin to Ivrtbriu or Lutnish any of the Pdork Or
anyone for whax' acts any of them may he liable, the
ndemnification Obligation under paragrapht,31 shall not
Ix limited in any way kv any limitation on the amorunt or
type of damtages, cornpeastalion or benefits payable by Or
for C h'v-TRACTZ>K or any such Subcoatmetor, Supplier Or
aloe' person or orgammtien umia workers' complemsaticn
acts, disability IeaneGt acts or other etnplovee bettetil acts
637 The indemnification Obligations of
c t 1 , T k At `TOR muter prrattraph 6 31 shall net extend to
the babilite of PNGf_ ET`R urri F.NGfNFTks Comuitants.
officers, jirectors, employees Or agents caused by the
professional ncghgenca. Qt Iors Or om iasions Of ant Of them,
SYrrrirai of ObIi,;�ntions.,
o34.. All representations- indemnifications, warranties
and guarantees made in. required by Or liven in u, cQo arice
with [lie C'cmtrao Documents, as wc11 as all txmntinuin*
obligations uvlitated in the Coivaet litxunwnts., will
survive final payment- xmplehon and acceptance of the
1§'exk and termination or Completion Of the Atn-ceracta
Related l4"ark Wd ite:
7.1. okk'1I R may perform Other work related to the
Protev at the site by l)lt ER', cIwn forces, or let othee
direct contncMi theret'or which shall curtain General
Cutxhtions Sim lw to the ,a cis have ,other stork petfcornted
fix° utilft+ owners- If the tact that such other work is to kx
txrtiwrued was not noted in die Contract F'iovunicnis, then'
(i) written nonce thereof will € e giten to CONTRACTOR
pricer to starting nn}- such other work and
Oita Cr I`ILArI"C>l2 nias rrtaket ;a Chaim 14vtbr as
poi tded Ia Artie des I I 'aIId 1' if C`( NI IL\t`I O R believes
that such polotinatnce wilt art C&C additicxhal i�,Noense to
CON N I kACR)k ar retfuves additional tune and the jxo1w,
ar tunable to hv_rec as io the aimxhnt in extant thereof'
7 _'. CC rN i k k "T()k ;half allb rd e.wh other contractor
rah) Is a Ixarn to suet) a direct connact and eadl nttiily
Owner tand (ANXEk it ORE}R is performing the
addimnal trwk with CIWM4R's cm,xir>ye.*s) Itoper and
,sto sxo,sx to the site anal a rrasz>nable opportunity for the
.ntrducnon and storage ot materials and equipment anck
the :aaa•_not,tichad;ia,erkandshall prolwrlyctnmect
end cln?rditenl• the t4`ork t+ith thaurs Unless uthoravi.w
pr.widec? in the ('ontraet I lk�uni«ris, rtr`,JR.AC"£(-)R
shall kill Olt cutun.0 Cutting and patchnig, of the k1ork that
may bt re,,frned to make it' W)ztal parts, carat )(tether
pn<perla, .and inreornie with such coher work_
x, f K:'rt F' ik d 111 not eml%nger arm- work of Others by
canting, exun'alnig it Jhc-,atea altering. their work aril
acill only cut or alter their work aeiih :It,,- urinen consent Of
1 S(iINFFR and the other, Mio�: work will be alrectc'a(.
Ihr and iespon�ihdincR of`ea)VI'R NC-II)R angler
this Ir.,nil nigh ,a e Cur Ile: brax'3it c,I sue h unlit;, o N aces and
other contraaor, tD the extent that there are a,)mpnrnhle
F_ixrk llM ,""lei liv* l,l t;i`ititl,Ai ,iU
IX ,t II Ii >itti 'l-INS toe Ualic a l k"N"'1t 1' I-6Ww
provisions For the IwneGat of CON I tRACP) R in said
direct contracts between OWNER and such utility Owners
and other contractors.
T i If the proper execution ar results of any part of
C'L NTR-ACTOR's Mork depends upon work performed
fit others under this Article 7, i oN RAPTok shall
inspect stwh other work and prwuptly report to
Iaal(;T1Ti6R in writing any delays, deftets or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CON RAt"TUit's
Work. <:O TRAC'TC)R's failure u) to report will
constitute an acceplftWC Of such Other work as tit and
proper t2)r onwgration. with ('+)ti1"R:V:'T(>4(. Work
except for Intact or nonapparem defeels and deficiencies
in such other work.
Coorefinatioa:
74_ If tAVN4R contracts with Others for the
xrfannance of ether wank on the PrdNect at the site, the
followatg will le set ti rth in Supplenieniary Comlitions:
74 1. the person, firm or corporation who will have
authority and responsibility for coordination Of the
activities autong, the various, prune eontracarrs will lx
identifiot;
T4.2 the specific ntauers to be eovcred by ;uch
authority and responsibility will he itemized, and!
7.43- the extent of such authorm, and
responsibilities will he provided. -
Unless aothcr+vise, provided in the supplemmne>,n
Condquafs OWN'' R shall htvc sole authority and
respamibahty° in respect orsuch coordination
.1K"1'1t.L:E k--OA't �iI:R'S12F.SPf)titi1331LT1'fI:S
ill . Except as otherwise provided in these ileneral
:nta4uons, t74i^, EN shall issue all conimunivations R,
i°()NTR,A("1r)Rthrough fiNGIN R
8'- In ease of terruutation of the eml)loayauatn ui
t:ir(ll'41.LR- C1k\ My fR shall appoint an engineer m2ainst
wholia )R-malots nor reasonable .Hectic),
whoso afatw,, under the Cemtrao 0o,umenis ,hall be that
of the former ft 't;l\l'Eft
11 O'tk-NFR :Mall furnv)h the .Lua iealuiwd€ of
tAVNER wider the Contract Documents Ixomptly and
shall male payments to CON f R \CI OR piompilk. when
they are due its Ivor ided in par asraphv 14 4 and 14, t3
8 4 ` t1A fR s dut es ill a•,pec[ of prrc fdias rands
'Intl Qssenwins and pk,O iding engmeivrmg Suh'1"eF>'i to
sSl ahtish refcremc Ixxnts are wI Ierth m pari;raphs 4 1
and 4.4. paragiaph4.'_ refers to idenu(f,ina
iinel making availahle- to C0\ 1 RAC I r N copies of
rcpotts of cxpaorallons'aid �C 1, of,,-ubxnrfaat ca,nhlioars
at the site and drawings of phrsieal ; ondna,ns, in rxistim,
shuctures at ar 0ntinuous to die sac that have bee l utilised
by FN1(H\1:IiR in preparing the C'cmtracl Documents
ks _ t-I4�'tililt�:-rcasprararsbibtaea;-in"rewpac�-�+f{xtuc�+trsi+�
anti" t++aintairt*ng--liubi"k+y-a+nra-p�'t, e+iY'-' i+u++rr--++s..,wt
forth in pi ragraphs S._t through _S.10.
1 ,. )LY 4LR is oiil fl.ste l t.> e1e v e t'ha tge lids s its
indicated in paragraph 10-4_
87 O ' R's responsibility in resm"t of certain
inspections, tests and approvals is set fortis in
IxrmLraph 13.4.
88 in corinecnon with t?}+, Nf;R s right to stop Work or
su>Ixnd Work .ee raraeraphs II I,0 and i5.1..
paraguuphla3 desak with r-C';' FWs right to ternumle
suvices of t f 1>:1 R.AC I OR under certain circumstances.
Y `J_ 'Hit MNER. shall not supenns., direct or have
cordrol or authority ova, nor be. responsible for,
t'(NTRAI'TO 's means mathuls, techniques, socaencis
eat prcwedures of construction or the scataty ixecautions and
Iv"ugranrs Incident the eto, or for any failure of
t Cry I RACI OR to comply with (aars and Regulations
applicable to the famishing or performance: of the Work..
t7W\1,R wiII not he res}forisible for C tXVIRAt Ft„110,
tadure to pa -form or turia-M the Work in act rd+nsc with
the Contract DVumeniS
S W -0%k NEW- wnporisibility in resl,ect-Oftnxhs^cicued
a..9hesta+5—1�'lis,—irCttr�laua�—4ivvrarct;nu>� U.aske—�
Rat3ts+aAive Maera k, oneoveked-ca revraltd fit the sate -is
t firth in1mragrnph
"i }-- +igfettko-tien"h
(Visa 1 I<AC l (As -4et+s<n,rrkk--Owdo++ce Allin` --frna mNa l
arrnngemenus have liven ala& -tu satish�._t)t�:'tiER'ti
erbltganOM urnkr -the.. Cc=nttaet-lOxtnmems.--i- VOiRwi ,
ro,, It rnsiblbry air roafiecl rfiel =f will lie as sec-hrtth In tho
Supplcrnen4my Conditions.
ARTICLE 9 YNCINEEWS SPITUS DURIYC.
("ONSFRUCTION'
CIR NAY's Representative:
'r i i t;1'til4?R. will lx t:FN`.D:R's rupresernative
dtarmg Un crarArtiolo) fciwd. the ,Whoa anct
r:.rv-, aiiml,ines and the litmitartirats A authority of
€-NeriNEF.h as t)t NER:s rc}ra;<ntatire during
construction are :mot foal¢ in the Contract Documents and
.hrtl not Ix eNtended without wraten tuns xm of t rh';•:FR
.ant I M l ,, faR.
I'iairs to Site:
e+ _. }iVIV,LLR will mal.a v-imtvlo the site at alien"als
nppn,Mato to die varenis sMo?,en tot construction as
dcems ncees4een, in tamer to otxsen c a,, ,a)
experienced and quraiined de,. im nrote-ljon:rl the prrrres<
dial his been male and the gnalrty of the vanous aspects
of C t tTRrA(f0k's excoutod Work, Based tin
information obtained during suds visits and alxiervations,
1aUl h1iR will endeavor for the berwIlt of O ""NEk ar
determine, in general, if the Work is proceeding in
accordance, Leith. the, Contract Documents 1 INGINNM-k
will not be required to make exhaustive or continuous on -
site MWINtiorx It' chuck the quahV or yu-,aa is of die
Work E\OPKEER's efiirrts will he directed toward
provisdutg for OW \l R a greatet deuce of corifldeauc that
the completcsi Work will conform f-eneerallt to the
Contract fkxurnents. On the basis of such visits and on -
site olxaen"taions. 1:'4ti1 Q0t k will I.eep t}W'ti1 R
unformed of flit prtn rrcvi of the Work and will endeavor to
guard 0W\FR ngains dymive Work. F,'4=a \:J,'.FR's
visits and on -site t hservattom arc subject to all the
iunitatton, on ENGIAUW1 authority end reslxansibiht}
set forth in paragraph N_ 13, and particularly, but without
hmitatioia. durna-, 'A as a result of Li\Y,i hHSZs on -site
Visas or ohsumaticros of t'r)"t FRACFOR`s Work
FN£:IN1-.l R. will not supervise, direct, controt or have
authority over or be. resrx%nsible Cos tYaMRA(JORs
means. rnethn S, teclanctues. ,equcnacs or pnx:edures of
construction, ,, or the ar ky lwe actions and luograms
incident thereto, Or for any ladure of tit). IRI OR to
Comply with Law. and Rti-,ulatrons applicable to the
furnishing Or perforraince r,fthe Work.
Project Representative,
93 It (AVLd R and F-N0I H,,K' are'
will fumoh a Remdent i'MJCQt Reprexe+uattve to assist
F�,'NF'R_R in pint Nisei more conunrnr, ar)sercauon of
the Work. 1'hc responsibilities and authorih, and
limitations thcrean of am such Resident Ilroject
Repro ratauvc and a• +tam; will he as provided in
par natrlrs 5' ; cad 9 l3 a xF rn kh Sulvieux41tar r
C"omlitme. of these 60ocial Comirnom If OWNTR
desienan:rs another regve,an€mac or agent to represent
ANTR at the site who Is not I tie; Cdi`ER,s C >nsuhnn
agent Dr enaplovee, tits r,;;ptnrabrtities atxl aoirhofllt and
limiteuous i1mcon of such other person will be as
provided to t nthiiNv paragraph 9 3
ofthcs: 6enetal Cooditioas if the F',=C INFER fumisbcs
a Resident iarcriett ifepre}cnlahtc t"ItI'Ri or_other
issislants or if the OWNER desu nnlrs a kepraunttrve
ur gsg�nt .d$ as ,reeteled In fla3 i3enerrll
oralmom, these Repraenl.+n+esshall craft the autlmrn%
and Iminations as provided in paragraph 0,13 of the
tteneral :'cvadihonc sncl shall be ul'ulc..t to l ho tvlloufors_
,r 1 Ulf 1{eY,ar•xhtalate'a declines in mttxer;r
lxrtainn o to the oar -site ,curl a ill m Mmil Ixl u iih
d 1�.�ilti1,14K,apsU'21 rvit..U-Prt((iut,_.the
Reptcsertiatree will poop the i) NEU pralyrlr
adorwd.about �och mau,:r", The tt.prvssatttpyes
de rli +,s twith vdx mir�rolor,, ar all only be thr ueh err
with he full kr.)wAW�c and aE1,rc+aa1. of lire
C r t ", rRAC'IOR,
`r 3' Otale, and lit misibila n,. Hrt,rc'srtt itrve
will
_^,c rue es Ket"tdy.tile
t t 11( ±,h�;�;li V.i � r'SUFt'it �. iat0-� ttb3el eGils�i, 1^?
e eel"t'+Ff ! I N.S.:isV1+.ai anH[`,"LTb ,1"i rY,l1 lath4a
schedule and outer sel'a°ciules preps red IIIby the
fY
r ..
TltTt3R and ccrostilt with tilt:
F-Z41('vTFR ccmcsningauce tabilttt.,
�3>'_,__C;ontcrcrx.esand lvlt•rtuz6 - yktttryiii
meepng x°th itlt e C'f )\ I R at fC)K sueh as
precons{rmmuction conferenws, progttyys meetings
.utri Other jQb ctnnt4tlwes and prq,are , and
circulate copie pr nt3ttutes of meetings
0 3 13 Liaison
3.1, 4cvice nr^,, KNGIM"Ek's haism
xath - Ptrnepw-G
thine L-It t O\ l h, l( i t dR'`"+_, st ermt:•nc nt G)
assist the ( ONTR \t 7Oli in undersLmding
tits ('trntraut 1Jcx;tunens.
lsstst In,ubtaminy, vet
additional details or mfannautln, when
tuiru 1 i r trutxre} xu4on ofthe Wkak,
03 ,. \cy se if3r F;hQ1:\1,rR, kind
( tlU i'h At It7K of the comment onent ewf
any kk ork requiring a Shop C)raxvmg Pr
same c bntis ry)n if_th� suhmrsston has nkIa
hcen apprc+4c d b}th> l tit rls.l.f.1.
9 i'4 Revte%% cif Wtxl, Reicetton of i)efwive
Work, lt).%vctrons and 1 ests -
1) 12 4 L Conduct ,)n-site observations of
the ii'+ir1. nprugnwSlcr n r,t the f s�l'sFf�R
In ektennimns that the Work rspmxe+img In
auccst da we it'rth the (,onu act 1)cxuments..
1)3,-_4 flgxsrt_to tile 64tt1 #•hK
t+henever the Reprele;Mauve bebek�c; that the
Work is unuttr•rGicto bulty sir rktectlI c tIr
titles rm utntolin to the tbnirk"T I locum 'ill's
cx nas been damaged. or dcxe. I)ot Inert tilt
tet}xrrelnCilts of an4 1'L3pCilE V(L5, lesti 0t
rpprovalk� respond to br jtiade and ad, ise the
E NGTNUR khcil he 6ehe , teark should be
uxrt ed 0I rejected q should be un,vveresi
for ohwrvanon ,+r ;requires ;pecial te•ling,
" + 2 4.3, Accompany i i% tin* Irrepectgrs
reprewfAin€ t LINIC IN rKitel agetteicy hat ang
lurr�hcuon I've 11 r tile 1'rc jut recc}nl tfe recull::
t, r3tesc msiv,tions_ and ieport tc Ow
E tic 1NIT'R
e1.3 2 ti Interpretation Of t'onilart
J AYewilmis. Repxt.. ro ENcwI-\FI3k sthcn
ca trnttc.eluv)_I and_mtrrpret uau, of Ihr ('emirrer
llpcuntents lac needo! Land itan tnit - to
ii-1t'tSrit clurtltu•auc°n and uItegricEa +on
of the, Contract Documonis s i,.ucxi In tile.
F1r CCI.}i'!2_
?.,t.2 !. Wodih.at,iyr>•- t`i�n,xkr ,Intl
re;ihrata t'f '',� I R,W ft jF s u000+ awns Ica
I^.di. r). r=1 'er H.T<t, 'c lt�1llV;t>t rt N-14�)riitlit€sir
?O
w+i'i It VF (a)iil e"OI,LJ'vS Alt Orl It AI kAN I Ht V t'tnr01
nx idreatrnt to t) nvrng,rr Speuttwati<�us and
rclx)rt., Ihcse r commentlatt<>ms to E'vCIMI:R..
lucatt tranwnit„ _ to fT f'i2r_Tt)k
decisions IY ied by theFN(,) f-N— R.
9 2.7 Reeclr&
9 , ' 7 :. Record nnmes_
ajdr &ses anil telephone numbers of all
&TRdt'T(>R_ sullrttruct+,iS;_..�nd
nralor suppkicrs ol`atwpnent and materials,
i) 3 a Reixkpts-
<;;:31 I'wntsh F;Rt1tx1:ET1: pertociic
re}x)n c, as tttutred. (it the progress o1 the
kVok and Of the CON'TRACT()R'S
carnplianee "eah The progress xAhedule anti
,she ltde of slip i?r:tsyin_ .kind sample
401mmnurl7,
"r3'4_'. t,'crmilt x'ttlt. 1'ttr!\CtJi_7t m
rldtanee of veheduhtti major_. tress
mgvoiolk, or ss at of Itilp- slant pit;+sec.of tilt;
ktorI
3 b h 3 ) aft pt�nn 3 (hungc Ulders
and tl Opt, I )iruxnc e I'h angel obiainang
t+achut malmal from the (r)s,iR.AC'1tllz
tend recommend to EN( I'R t'Itan"'c
c,irdcr ltcvk_I)irctihtie.._C1tu cti sm[f Cic_lt1
,srdets
R 4 E eprvt [mill ediately to
sir �.LI:i n d U\t'4E72 oils occurrence of
t:.ngz,cwrdant,
"+,='�_ 4'atmelal Ij�yue•,ts _I�eyrc?t applga{i;'rts
tol p rpnrnt'kith t'i?'s, 1 RAC I ()R tot :omplrance
with tits .talikhed prcgetlure for Ihcrr
,uhnnsi on find tons ,rd, x tth rec )mme elation to
f§tivl f l ;l =Hoary; pAweda, 03 the_ielntiol qip of
the payment retyret el,tC;,the schedule oF,vxluc5,
t znk con plete ( apt l na4urwia anti NiAiptata�t
ellctivcred ac the "'rite lxu nix irelorpctrated in till.
Work, -.
n 3.2,10 1 Before ENCINEER issues a
4rtili late of $0h tiuttial ( tppte(tot sulnttn
to CONTRA('OR. a list of observed items
Nquirj%Sgqcctiuj1 or uotn�ltlion..
93 ? 10," Conduct , ftrud imkxgton in tht
ct?nifmnc•_ol the 1 ?ii 1�T.h,h, i WNFR and
CONt�RA( ... OR and prepare a final list of
helms tee In usteZ:lctf_crr cum'ileied.
ltj?. Qbsgvt ttutt ttl items on the
k`trrai lrst hate been corrected or completed and
snake re,.eonrtncrtclati(vt`*,m,telPROINE17i.
.,txi�ening ta�tnrnc,
raz,r imnitan0n of ;Ainhcnt,�1`he f xese nmx shall
not
9 43 I Authorize any I deviations front tile.
Cc 1iE?l;.nnlet5 (ire..._ ,c.,y�pi _?n}� tiukistltnit
inmetials or equipment.Sltless 40070t and b. the
93,3 ?. 1, cced limitations of l'�t,lalrliR:S
Judi irtic s wl forth in rt, rt}trxct 1 loran trtts
y 33 ; = t ndertake any,.ot the resjxm.%ihilincs
A the CONTRACTOR, jub ontlyetors;, of
r` )\T',TR C1'.(')],2'S superintendent.
rP.3 3 Advise on or issue do cations re lavye
to, kit tmsunie control truer any alto of the
lean, medwAs wohsique', raqut•nca cir
pro, eckn cs kcal consuwtauti sinners ,itch _as
ryx e hrxlly culled for m the r "arntact I )ocumereus-
J33.5 Advise on or 1$sue tlireciitxis
r�ardijrL4 ur afMinie control oI of •a0
llr"aunan; and proLrrams. in crmnee.iions With kite.
!t: ark
Aceepi Sh"p Lnnwings fir szimplc
snHilluals k �csn aovone, (Aher ...than tilt
'?.? +7 %UdlorvP fish"vHk to cxcupt 11x
Work at tt hole ar, ti1 gi
93 3 N Participate in apcciafixd flekl it
lah})r 10IA ieS S' 1,)r 'poet rein aimductul ht offers
eSrelX as s7secillva lv auth(mnd M fire
Ctmifrcations and Lete+yretaScns:
'.'A lititirNI:FK will ivsue with re'ti.,unihle jxoolpuics:,
rush tcritten ,Ianfi;;anons or inter-rcratintr; of the
l i li( all'<ZiXU t' ",IX11ONS I i o-$etvw k001,11,
w 0 1=WF(40C,R7.P<SMA in IC,4llniti I R IN d NO",I
roquiremcn h, of the Contract ikicumems tin the larin of
Dalvinpi ter otheaxise} as E'veil'MI iR may determine
necessYarv, which shall be consistent with the intent of and
reasonably inferAhle from the Contract ikxuments, Such
written clarifictulons and interpretations will tx binding on
OW 'E R and CON 't AC I'M 1f OWNER or
(Y) TiAC`CTOR believes that it written clarification or
interprotatlon justifier; an adjusurient in the Cottract Trice
or the Contract Times am] the parries are unable to agree
to file amount or esIcnt thereof, if arty. (AV. kR or
CON"FRACTO R may make a written claim therefor as
proridedin Article 11 or V icic l2•
fithwized Ngrintionsin {Turk:
).y- J.A(]INFVR may authorize minor vanatioos in
ate Wale linen the icgaumments of the CcnnracY
fAx;unicnts which do not involve an adjustment in the
Contract Priec or the Contract Tinics and are compatible
with the desigr concept of the completed Project as a
ttncttonung whole as uldt,41 ed by die Covaracl
Lkcanruitts- The%emay IenccompishediwaField Order
and will IV hinding on ObtNAR and also on
CONTRACTOR who shall ivriorm the Work involved
promptly, If( )XV_Able or CON f ACTOR believes that a
Field Older ptoso ics an adjustment in the Contract price or
the Contract I`une-, and the duties an: unable to agree as
to tite amount or extent thereot, till^vER or
CO', RA('r0 R ma% make a rcrinen t-laun therefor es
providedin Article 13 or I?
1?gjem4ng Defective Work
9 rI, l':e61\1:1 }b. will have autho€sty to disapprove or
reject Wort, tv'heh l MWa FFR IXIicvas 10 lh Llefec°riue,
or ihiii l NU INN TR behaves vci9 not product i aompkted
Iloyct that conforms to the Ccintmel L)cxtum:ots or that
will prejudice the sitrgrat of the desien conccpt „f the
completed Prgject as a functioning whole as Irs-iW3ted lA
the Cunuao Documana F,.,IsdTR gill i1w, have
autholtty 1e0 requue stucil multichon 01 iei#iag elf the
lkotk als vtol idsd m pu€agrstp h 01.0. 'whether ❑i not the
ti"oxk vs hbncat,+d, installed <x ioupletc0
Shop Drawbrg� Change fJretrrrnnd i'ngtnerrte
In eomie, 1,111 wills fz ell �1 _'.Ins uit2wtae a= to
Shop DrIllvings and >amliks, see paragraphs ri 24 ihrouJI
6,2l, inclusive.
')., in cotitwiro ,n t:ith
`_'harige Ordvrs, sec A ttcles l U'. 11.2-
ti.'-) In connecu,ni with f ^ v1\. LI R1 authority as to
Apphcatxms rot 11 vw nett, we ii tic;lt 14
Dererneinntinnx,Jiir t'ntt Citiees
9,10 is C.t.1.v I'Fk tnifl deterinuie dx: tcnuil elu utu Uc^:
;Indiha'•*sd%catEvn, "If i.Iriia f'rica 'A'ork Ixrftxmod by
I'Osi I hAr fOR. twill revia;c xith
('ON I R.XC-1 Clft the l? t I I °, L.I,fi's preltimman�
,kicumnaticays on sine maireis%elore rcniderirn_ a wriucn
docision therIsNil 'M, recommondinion of nn Aly-illcsaWn
for Paymiint ar otherwtaet fi-NO NifIN'` written de ision
thereon will be final afld binding ulx>n OWNER kind
C \T£LlCTOR. u€dess, within ten dais after the elate of
anv such dceisitn, either C vl-N or t'CXTRAC'`ok
delivers to the rather and to f'NO EER written notice of
intention to all dram I N(dNl,',J R's decisioxn and (t) an
appeal from EN61NEEks decision is taken within the time
hunts and at acconlanee with the prixxduren set fords in
Exhibit GC -A, "l €is}tule Resolution Agreement", entered
into between SIR'\ER and CO.\IkiVCT(.)R pursuant to
Article 16, or (if, if no such lupine Resolution Agreement
has been entered into. a forma proceedirnh is instituted by
the appealing party in it forum of competent jurisdiction to
exercise such lights ar remedies as line appealing party may
have with respect to EVIINFEk's derision, unless,
otherwise agreed in writing Iw i ) kic lick and
CONTRACTOK, Such appeal will not be subject to the
procedures of paragraph Q 1 1
Doeisioar an O&pates:
9.1I i:l=k will be the initial interpreter of the
requirements of the Contract 17(i:uments and judge of the
acceptability- of the k4 ork thereunder ('loons, disputes and
other natters relating te, the aceepukilay of the Lvork or
the uAt;rptetatien rap the nxquiremcnte of the Contract
I), uments pertainvig to the performance and furinshi ng of
the Work and claim; under Articles i 1 and 12 En jespe t of
chenges in tine Contract Piue or Conflict Timr..kill tic
refcrricd inaially to fi (iI"vF,IE}2 in witting with a request
fir a £bnnal decision in nccordanco with this parsrarhph.
Written nonce of each such claim, dispute or other matter
will Ise ddkeied ha the clinina€it. ti 1"\rMilTSR and the
other art} to the Agreernent promptly fbut in no excnt
later than thatr dhiv-7 alter ate slut of the oecur€ence or
O'ent airing e thereto ind written suppotbig darn will
tx su6mittoil to ,6l I,Fl•R utd the ostler pact} acidliin
sryt4 dads itc the ,tart of such ccarzrence or event unless
EN, !I,c:Et_k gillown un additional period of time liir the
Ribm iC,Ikln .i1 tid.lition•71 or t tore rkc eiirtae data in r.uprx,n
of such elaulldrop ite or other matter 'A he opposing party
sfuall subn i! gilli, re:ipotme to i:Ai3l\EkR and the claimant
walurt dnuTv days alter recelpi of the claimant's ka"I
sulnnitkil {sole liA`( I"TH alltvcs additional 111110'r-
1 \e [ EIR will render a nornrnl rteciaaxa irnwruaau within
tarty dogs ,€€ter nx:e.ipt o=f the oppostn� Bart}'s st8maittnl, if
MT in ueoidance with ifac pant loph. E'Nid\f.fik's
written de,. wn on auuh claim, ditiFute or ciiher matter mill
he final and finagling upon cn ANl--R and r rl€*i'R.ACI OR
u€Hess, fin in s1"peell froill \o;JM;Ula decision is taken
within the iinanlimas and in accordance t+-ith the
pocedute> wt krrtlt n ExiIIBII Clr'-,h I)mputi:
kosolutien l one,Sat=` entere,l into l,ofIve rj ( I,3 ind
CON fRA t = )k' pursuaa11 to .Rick Ln, ,),j, {if) if nu such
Disiluto ftesolutir,n Agreement ha; been cnierrd into. a
written noose of intention tot appeal from I NoiN il:R':.
wrawn decisaom IS delivered by (Pia. kk. or
r'o}V-1'Ra( 7')ie It'. file othrr and €o l.tilil;dliFi2 evithin
Hurt% eta}s ahcr tlrc date al amch decision urn,] ,: faunal
prOceexlinc Is nslhnik<l be the. arlivallml Tarty in a Carom of
e:mpetent jurisdiction to excrcisr suds right; or €enwdies
as the appewliv ll n n have vvvith r"reel to silt) claim.
dtsliute or rota miter un iaairds:ncc= w uh applicable Lawn
.anc! Regutuinns v'ithin sl"1% chain ref the date of such
Eli ri . i',Iit 'tt E'('14 11 , "'s t)i $,i�r`+r r><4txia
11�'Ii-'t?IgIi"IH1"', XT(•UpIR 4 I f(l3."a R l l t?,orri
iscisan, rmless atlk.nw se agreed at twritnlig by ()i,V,\f R
and ( •Qti 1 RACII OR.
l 12 Whorl functioning as interpreter and judge under
px+mgraphs9.10 aril `vA 1, } r f EfiR will not shone
partudity to OWNER or CONTRACTOR and will not he
liable in connection with arty interpretation or decision
tendered irk gird Hotta ill ouch capacity I he rencklav of
it decision by F`NGf\E'Ek Ixrsu;mt to paragraphs 9.10 or
9,11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final psyment as provided in
[YAmgraph 14 1'k) will be a condition recedent to any
exercusr by t>4VNE R or CQ,\J kACTOR of stroll rights or
remedies as either may otherimw have under the Ccmimet
Documents or by Laws or Regulations in respect of any
such elairn, dispute or other matter'-putsumit to.vitele-ikr.
9.13. Limitations on hAGINEER's .Authority and
ReipondbiliHe_s.•
9111 Neaher eii,l?•IiER's aulhoriiv or
reg10nsibilitq Under this Article 9 or under arty other
provision ofthe Ccmanct 1)cVLiments nor any decision
made by FlvGIN-E`h;R in good faith either Co exercise
ur net exercise such authority or restmilsrbilay or tine
underiakirg exerose or performance of any authority
or respomibdit_y by shall cncitr, nnpotse
our give rise to airy di ik owed by F Nr� I\`FUb to
(I)NTR_ CTOR. any "ubcortnactor, any Supplier,
any other persist or organirwtion, or to anj surety for
or cnnploy,eC or agent of arw• ,if them
13. P..'-u UNkE-k will oat supon•rse, direct_.
control or haua authorit} over or be responsible for
ONTRAr:TOR'�, mearv, methods techniques,
ce.yuenoes of pioceduws of exaivttacuon or the aafery
precaution., and pruritus incident thereto. or for any
faslure of C;O\ I Rd("1'OR tci oomply ei ith Laws and
Regulattorks applicable w the furnishing or
Ixlformance of the ki ork i \Gt"vL.i:R cwill net be
resixnsible. for CON It I UR's failure to Ixrfhrm
oar lamina the kl odt in .ie, oclfncn watt the Cotti'rirt
Dacurncnts.
el 1; r p'ISt11=\krFk will not be re,)xinsihle I:br they
ae•is or csrnisstor� of (),, 1TXAC FOR cir of anv
Sabo<ntractor anv Supplier, or of an} other person or
ergauv tie�n performing or iirnivhinu any of the
Work,
9 1z -1 }.file's rnl lac% of the final .'l11110uen
['(it Payment and uccom+a—Tig du'umcntation and
all mainterusia and operating aisiru+ tici>, schedules,
ururantce,. Bends and coruticatrs of inslxction. tests
and alryxovahs and ether documentation required to be
delivered hl paragraph 14 1' till] onithe to
cleterniine generally that their aantenl aamplws with
the tccluireancots ,I. anal in the caw of co lifirates of
inspacliom, tests and :1111Irui•ak that IN..: resuhs
certified indicate atmpihancr with, tile Contnict
I loevments
9135 the hnnlntinn:; ❑pun ntahonn• and
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
respomsahility scat firth in this paragraph 9,13 Mull also
apply to ENG[NECTI' t_'<nsultants, Resident. 1''roject
Rep€esentative and assistants.
:ARTICLE 10 4-110C PS IN THE \t'CIRK
19.]. Without imallclating tine Agreement aril without
noticee to any wtrety, (AVNThiR may, at any time or frrnn
time to tame, order additions, deletions Cx revisions in the
Work Such additions, deletions or revisions will >xa
audictized by a ikrittcn AnicndtnenL a ChimVc tlt&m cIr a
]fork Change Direonvel.p„n reempt of any such
,i ,:ument, m%, rRACI-OR shall promptly proceed with
the e4'ork unolvecf Mlaoh mit to 7xttrniu«t under the
applicable conditions of the Contract DtvUnwrits iexccpt as
othernvise 3xK:If sully provided)
lei.?, If OWN11k and i'0N-fR..AC1OR. are unable icr
agree as to the extent.. if any, of an adjustment in the
Connact Price or an ad_ji snnent of the Contract f alles that
should he nllatva f as it result of a Work Change Directive.
a claim may he mad; therefor as provided in Article I or
Atle '-
if' 3 C:C!* "i1Laf;_iiyR shell net Ix etuided to ,in uwreas,
to the Ceditract Price or an extension ofthe Contract Times
with respect to any Work pukWmad that is not tezqifed by
the Contract 1?rnua mentc m menam modtfled ands
supplementedasprnVudedmparagraphs.]. and4-6,except
it, t#sz case :tun emera:eney as hrovrded in purr anph o 2,3
ar In the ..ase. Of urxov-ering Work ;-is provided in
lvrr•, graph 13'a
124 iIN?alsR and t't>NIRACIOR shall execute,
appropriate <7a mV�,
ton \lialcn Amcndmerits, covering.
IQA_1 dvinges in the Sitork which if e h) ordered
l,v <5W. :lF tnusuant if,patrawal'rh If1,1. t'u>requued
I,rcau,e of zreceptame of defecifre 4Vfork under
paragraph 13_1.; or u,nectuul cklec!£ve iVork under
�lalnuph 13.14� oil fm`aagtaod to by the.
Itl.4. ,Jwma e, in the Contract Price or Conti -act
Tmmex which are :agreed to hy, the parties- and
10A? chang(g in the C.'ontiact Price or Contract
Times which emt=odr Ott sful stanoc of any Witten
dxisivu rcndercc I,, E?+r;INEhR put>umil W
psragraph" I i
l rov =dad that In heir of executing arty such Change order -
an aprVal nm' nay be taken from asuch decision in
tccexaunce x uh the Prize t,k,ns of the f'oMNO I,oGumenr&
.mdt applicable C awe and Rcvulations, but dlWalIll ant such
❑plxval. CO3,IRAC'IQsv shall oniv on the wlork ark[
udhrrr to ihr prvrtress ache<iule ;Is prc•rid0j in
paragraph 6 29.
lugif noucc of am h- ulg: aPcolne the ameral aa.,Cx
,t tire Xor'a ar the prov tins tit the Contract 13ocuments
(moluelutg, but not Ivinted to t'i,nuad Price or Cortaaact
Times) is required by the pnWieions rat any Wind to he
eivnn to it surety. tare gif°ing of any such notice will be
t ONTRAC I OR's reswn^nbility, and the amofmt of each
applicable Bond will be adjusted accordingly.
ARTICLE 11- CHANGE OF CONTRACT PRICE
II I "I'Ire t'tntract I'rice consunaes the, total
connlrft,niion (suhjtet to auihexitcd adjn>;T.tmetit } payable
to CONTRACTOR tar performing tlae Mork. All clvniec:
reslxrn,ltnlnies and obligations assigned to or umkataken
by CON I NACrO iR shall lbe at f `o f`41`Rac' f0R`, exlxn,e
without change in the Contract Price.
t l_'. I he Contract Price ma} only he cha ized by a
Change Order of by a Written Amendment, :Any claim
1br an at] usnment in the Coatrtio Price sh dl tea thami on
c-I(ilea nit9.iue delivered by Ov txatly ma kartl the claim to
the 1her yam and to I NGI%EFR promptly. ihnn in our
event lacer Chain Thirty &Iel atter the start of tire
ix emrc rlCc or event pv unit rise to the clai m and ftaijng the
generid r ulne of the al till '.v"tic ofthe amount of t€te
cl.rim ,vAll vvtp}xarting data shall be delivered within swv
days aher the stout of se,da ocII'Me ce 01 event lunle-."
1:'••IC} p .,€ilR allows nddluomil tuna Ica uhunmnt to suha l a
additional or more accurate flart in ,r€ppoit of the cialmj
and shall by aceompamed b}clam ant's v ratan statement
that the adjustment clamed covers all I,nown onuaaac, to
vvlliuh the claimant is miltled is a result ot` said
okcmlerrfe ear etcnt All canna for adjustment in the.
i'onwaci Nrrce nhatl he dsteanncd by '.61XLkk at
ucccu iame with 1vu-agrnph 21 # it' t AU %I%k and
1 I lCkI'CUR f;mrw€ ¢Merl tiw agree ,it the aniattnt
imolcel \I, chum Err an sditvslnwnl in the Ccnwaat
Via oc will be call,] If nut sulnnitted tin fi,orJ:ance with this
paaratmmph I I ,
lI r The nape¢ of anyRtxk ramrod be a I'hangc
rTcder or >1 any daunt for fill atdioNtmele, uv tfw Contract
Hier a 111 f,e determined ;as tollo v )
I 1 3.1. where the 'A ore invoked r, covered by unit
plaeta ellnraMCCI in the C OMN1, t iAxrmients, by
:q,piication of such unit prtcvs ii, the qu antincs of the
leans inve,lved isuhjeet to the provisions of
t I •t,S 1A ;1-pP v tt&'tte,.5 tntc) Y (0'n0t Wn Wit,
n e111 Ix r iRI e,I[.f.I\S 41f A to If,% 111 A9 IRtl'1!O11M
paragaplus 11 9.1 through It V ? mclusivel,
11.32. where the Work invoked n not covered bP
unit priers contained in the Coraract 1.)(Ic mnerrLs. by it
mutually apeed payment basis, including lump sum
(which may Include an allowance for wencead and
profit not nevessarity in accwdance with
poragraph I Lo''),
11 3.3, where the IIAI`ork ntvohed is not "weralby unit
priccK contamettl in the. Contract Doctuncm.5 and
agreement to a lump suns is not rektched under
Paragraph 11 i 2_ on the halm of the ('r,st of the %Vexlr
(dettcnnwcxd as prmided in paragraphs 11,4 end 11.5)
plus a C ON rRAC1 ORs fee for overheard and profit
(deternimed as provided in pantgapeh I l ,e.§1,
Cost ofthe IP(rrk.-
11 4 -The term Cost of the xVork meanvt the cunt of all
costs neccs..tuily incurred and paid by CONTRACTOR. in
the propar performance at the Work. FxoTt as otherwise
may Ix agre'to in wrrung by 011,Nlik, such cots shall
he m nmcumts no higher than those prevailm ut the
locality of the TIIujic 1, slaill include only the I`oll nvwg
tems csnd shad not mulndz anv of the Cysts nQ")Urd in
paragraph 11.5
114A kiltoll costs for employees ins the direct
employ of CON-C7kAC I OR in the pertimnance of the
Work antler vshodules of job clasitknhon-, agreed
upon by 0" Nkk and CON-1 R-A! "I OR. Such
crnploye�s 'hall rnelndr vvaltout hmlratron
superintendents, foremen and other persorald
eruplovul full-time at the site Fla%iofI casts for
employees twit employed full-k me an the Wvxk shall
he Apportioned on the NASr& of th etr time sls-nt on the
CV'ork Payroll cocas slxdl awltade billlotbe li l ited to-
salaries and wages phis the cola (it fringe beire-ftes
which shall Include Ittvial �,,<urm conrnbulions,
unernplocment, excise ;ani tasmll tars, evccrker,`
wmpens ation. health arid re€irert+eru benelity, hextuses.
stCrk i@aye vftatiear grd lm h h y fXtt applicable theretxt
'the elpencs of pelformins hook- atler tegaar
working hours, oil 3attirdiv. Sunday or Legal he kda)
shall he awfocul in the at�vv w iht extent nmhorikcd
by OWNIT
11-4'. ('oral of all neater LIk arid �cluipment furtushed
and incorporated in the ''Aork, irn.ludmg costs of
trnnslx�r[snuon ani rwrage filer,:at ind `it;pflicrs CI&I
,verriues ac+punCd In cor,tae,bon €herewith. All cash
diseoemP.i Ll-all accrue to ('OVH'4V'Wk unles
OWNFR deposits funds with Clrs(IkA('rt)lk mid,
which to make lxrvmtnts, in which care the cash
dtscermta shall accrue to ( LW LR. All made
discxmts, rebates and relunds and returns t}om saki of
s ll"Pitea materials and eLiMpanent shall eccnw it)
(AkNEk. and {.7 111.1('r()R shall milk,:ptetnacres
so that LEnev anav he obtained
11 4>. llavinents made by CO I RAC'I r all ra the
t;ulxontracts>rs fi)r (S,)rk I-elf(Irmed OF funu4WII by
Iiubc,ontractors_ If 'requrrd by t)tis.FCR,
Evil l)!'Gt"'FRAICCL, t4 09wfaGkF,an
24 w ,IIl0I VGni'IlMIN (MA l'piP)1
CONTRAtIOR shall obtaui competitive bids fr6m
Suixon€ra<:tttrs occeptable to I -) WNTIR and
("ONTRAC T)k anti shall deliver such bids to
(oFs N1,1k who will then determine. with the advice of
FWANNUk which hid,, if any, ivilt lbe accepted. 1C
any subcnnrract provides that the Subcontractor is to
he poid on the basis of Cost of the tb e& phis a fee,
the `,ttbcomwetor" Cost of the Work gill tee ill be
detzrmuted in the same mamter as CONNTRACTOR's
Cast of the kNksk arad 1cY as provided in
Imni.graphs 11 4. 11 5, 116 and 11.7_ Alt
subcontracts shrill he subject to the other provisions of
the Contrncl DOCIIIttentS lnsolar as applicable.
1144 Costs of special consultants Oncludfing but
not limited to engineers, arehiteets, tasting
laboratories, surveyors, attorneys and accountants)
emplaycd fix services specifically related to the:
Work
11.4.5.the following.
11 4.5. L The rrolaallon tit trecessary
tranrPortation, trawef and subsistence. e.vjlcnwe of
C OA I RACI'OR's emplovees incurred in
dlschavgyofduues connected with the Rork
I f.a. ._'., list, Including tr ut pomtion kind
maintenance, of all materials, Supplirx
ec(Iailvnent machinery apphancas, of%cc and
temporary taeidtttes' ni the site and hand wogs rnvt
owned ire= the workers, which nre consumed in the
performattee of the W,ql, and cast lc'o nnarkct
vahre of ctiCh items usctd but not consumed which
I emain the ploperl4 ofC VT R-V 'TON
114.> i Rentals of ::all canstnuaion
eyuipntent and macianciA and the pan. thereof
whether retired hom CON'l R,AC I (Ilk air others an
»N-«rdonie with rental ap miwrav npproveed by
C 1, \,L with tlae.xivtee of 1N(!l'skIAIL andthe
,os€s of tranuporwiivn, loa.ling. uni(,Wint.
lfvlallation eltsrmantIttig and removal chete4-,all
in accord:unce with lcrms of said rental
agreements file remml or and such etpuipnlent,
❑nuuhmcry or patty ~mill cCme ^whet, the also
thereof ;s no longer tn, e ssgry for the Work
11 4.;A Saks, comum,,r, u� orsimilar urees
related w the iFerk, and for which
N1 R V , I <R2 is Imble_ nnpxrsrd be I Llwti ,end
Ke�.ulatintt
it 45.5. 1 +rpnt ils lust for e w!^� Idiot- thin
nc.�l I yenez It C"(j'�.' k, V I II I anv
3ubeclntra+sOr or anvOrn dilleII) or indiNctty
+mld1A.I'd 1-y am of them or fis ve how awls an
inv
ui them av be�liahly and n;vahr �}'mane: and
le. for[Vrmils and Ileemus.
1 1.4.3 o Levu Lon damages i,nd related
cy.penweu cmisxd by tfsnr.aee to tht Work not
.um peitsst led bg msuraacc or uthcrn 15c, sustanud
bt t'(F, fR V- k ,h in onno.,tion with the
}xtlommice and furnish fine, of the tkork fexcept
losses and fib ntagea within the, deductihte antptmts
of proplerty utsurance eslablisiled by 0AYN'ER in
•icctxckanee with paragraph 5 1,4), prey ided then
have resulted Gan causes other than die
ne"hgence elf C(5N"rRAr,.rrop— one
St cvltnractcr, or anyone directly or indirectly
employed by any of them Air for wllose acts A11W of
them may he liable. Such losses shall include
uttlements ruacle with the written ocrosent gird
approval of OWNI R, No such losses damagcs
and cxpenws shall be included in the Cast of the
lbbrk ter the purpose of determining
('C t\; fRAA,"L0rR's tee. It, however, any ;tech Items
or dame requires reuonstrtetiem and
C"OVMAC'TOR is placed in charge thereof,
CON OR shuill be paid for services it lee
pxcponionate to that stater{ in paragraph 11 6.Z.
i 1.4 i.7. The cost of uulmes, fuel and sanitary
facilities it the site-
1 1 4 ; �, \,brior exlknscs such its wlegiams:
I-rrig distance telephme Calls, telephate ¢rvSce at
the s€tc, expressage and sunilar petty cash items in
connection with the Woik.
114 i 9_ Cost of premiutns file additionat Bonds
Mid rzisuranee Iequilexl tvcaww of'ehal[gs in the
Lark
1 I i. 1'he tcnn Cast of the Work shall not include rmv of
the totlewlm,
I i,L Payroll cw"ts and other compenvuion of
C+)'ti'TR 1t"1 r)R's ofricers, executives, princlf>rt s (of
Ixitwersinp and stele proprietorship,), gcnetal inanagess,
.r>gineets architects, estimators, attorrtecs auditors,
accountant& purchasing and contracting agents.
2xpcdacr5 tailet"eepors, clew"k.s uipl outer ]Vn imtel
cmpkwcl by CON OR. vArethex at the site or In
�'riA77..At `1 p7R`s princir)Ml err a branch Office Corr
tencaal adha tmntratwn « t the M-A and aloe specifically
unluded :n the e,gleed upoil schedule of juli
ciassilic tticm+ refereed to in txuagntplt 114-1 er
yxciticilty coy cred by Para ztraph If 4 4-all of which
:,re to IV colciiderrd ztdnnnistratn e coy u; covered h>' the
t'i )vtt'1{ \r fOR's g.,2
1t- es L,ixnsof C'v l: IRACiC,pimcipnl and
hntnch ofllces other ihan COWkl{ k-*R "•trice al
by 811e,
i ln% part of C( )\7 R l< To ks capital
, ape+rase-v. including interest era C'C N I RACI OWS
Capital employed for the Work and Charges against
-r ivy IRA' ' I ( )R for dcllnqu+ 111 txnmlenis.
I t.5 4, ' `os1 A parcratutlts for all Bctxls wld for all
nsu[anre uhatltor or not CONTR at'I`C1R i; requin-d
b% the r'ontl act 0o"kinents to purchase arui maintain
reel samc rrvicepr lie the cost of frm rn ems c(Wereel by
whimmi;1ziph I1.45.'i aix,ve}.
1klitSit i+ 1f,r`t ',D[ M ;AS I7W-s f I'19, t.obese)
e+ 11Y i ilr HR I C, 4 1 P7 S]IODFF' tttAS 1RI4 A Doi')
115, Cogs Jue to the negligcrxx of
CY7NTRACIOR, any Subcontractor, AT anyone
directly or indnectly employed by an}' of them or for
whtlse acts any of item ratty be liable, including but
not limited to, the Correction of deJtctire 44'ork,
disposal of materials Air equipment wrotVly supplied
and making gcrd any Lizuri to property.
I1 5 6, Other overhead or general expense costs of
am' kind and the coasts of any item not speciticully raid
expre&,Jy included in paragritph I I A
116 the CONA'RACTOR's fee nilowed to
(A)"", CRC C- oR for clvcrhettd and profit shall IV
determined as fohlows:
t 1.6.1_ a mutualt} acct:ptable taxed fee. or
11A'. if a fixeJ tee is not agreed upon, then a tie
haeed on the following perccntages of the various
pxxrtions of the Cost of tfie Work.
Il CL'-.1, for CAX0 ineuned under
paragraphs 11 4,1 and 1 LA_?, the
CONI RAC lOR's tree droll tx 9ifkco pereent',
11 h'' far costs incurred under
praragxph 11,4.3, the CON rRrAC TOR's fec shall
he five Nzccnt,
i 1.6.2_3. where one or more tiara zip
suthcontracts are on the basis of Cast of the Work
plats a foe arnl no fixed tee is agreed urxvn, the
intent of pir'.agriphs If 4.1, 11.42, 1143 and
1 I f2 is that the Subcontractor vOto acnullc
lxlfonns or fu rushes the Work, at whatever tier.
will he paid a fee of Glleen poicem of the costs
incurred by such Subcontractor under paragraphs
11.4.1 and i I.4 2 and that any, higher tier
Subcontractor aild CC>,'xTE2ACTt3R will each he
laid a Lie, of five I.trr enbof-thee amouru txtxl t,�
the next iaMci tkr,''Subcotttuactor, to be nego{ mod
rn goANI tnith with live i1tL'NW but )lot to G*a'Cced
five percent oP the =unount pa ct to the next. lower
poet "kibconrracteil.
116 -'4 no tee shalt he l:.iy`able an the basis
.tt' ctemtr; iicmi�ad reeler pvaagrep+itc l l 4.4. 1 t.�l <
and I1.5.
I I ri.? j the am{xnrt of cresol to he allo•,vcd
by t •, l 1 RAA `I OR to t AA*N 3,R for any ehangc
"high 10 lulls in a nci decrCiw in co.t %sill Ix the
amcnult of the actual net decrease ere :;oat plea it
dexiuction In Ct)tiT10( fOR's tee hv, en amcamt
ec1 ral to live percent of such act Akcreaw. . and
11,62.6. when both ;adchitiors and cicdits are
tntolved in any one churige, the adtustmenf al
t't)v�Tlt-1'ti?i2's rec shAl he conirmhx3 on the
basis of the net change ill aecorikarxe mill
1- irngraphs I I .ri.'.l throti¢h 1 I li n n iilclasiv;
11.7 Whenever the cost elf any 4k'ork is to he
detenniried puirsmam to liarapaphs 11A and 11,5,
CON TRACTOR will c!itablish and maintain records
thereof in accordance with generafl accepted accountnsg
prnetices and submit in berm acceptable to 1"t" LINT M an
itemized cost breakdowntogvlher with supporting data.
Cuxh : Uhmancea:
I I.S, 1t is understood that € oN fRACTt?R has inclulled
m the Qmu-ect hive all allcavancts ao nanic� in the
Contract Documents and shall cruse the Bettie so covered
to be furinshed and lierfurmed kir such wms as mat be
aceuptableto( WNI,,RneatPAI INFMR CON]RSAC rOR
;rLtecsthat,
11 31 tlnc allowances include the avast to
r'O,, I kw I t)R. ( tcss tueq ApVIii�AbIt itade JL-,cC%II1L5)
of materials and equipmctn required by the allowances
to IN, delivcrod at the 3jta and all mnplica blc taxes; turd
l X2. t ON R ACrCJIi's ousts tar unloading and
lean flung on the ,tic, labor. installation costs ovew'head,
lirolit and other expenses contentpiatexl for the
ahcitexnn:es Svc been indudeci in the ('oniract Price
:and not in the allowances and no demand for
additional rmyment on account ref any of the foregoing
will be valid -
Nor it) tmal paymem, all apr*kpiate Charge Qrekr Willbe
KNued as tocommen k-d lit I:"+ FlfCta R to reflect actual
amounts clue t'C)'v r€..A+' i tiR .in acctivatt cit` tA'orh cokerecl
by allowances. :md the Contract Pace shall he
ci rrticandi,uplV adjusted.
11.9. Untr Price {trork:
11,9 1 R Mere the C'ontraCt t3ueumcnts provide tlr4t all
or pals of tote Work k to be I.'nit nrice work, iititialh
the t'untract I'tic:e Will be dee-met7 it, include for all
I'mt Isico lr'ork ati amount gvul lei the %rn of the
csiihlt=.Bell unit paces for each selxtrately identified
teen of t nu Pine t4ork times the estimated quarnity
of each item es indicated in 1110 Agxeenn:;nt 'Ilie
estimated quantities of itcnis of flat Price Work are
not gu,ualuccd and um %oidv 161 the puipose of
compank>n of Biel and dctrrm tmng an initial Coitnict
1 icl�fIIe actual quanntities Inch
eiac',ihr loons and t nil Price A\ ark lvauytivwd be
will be mack b_v h\iialbhhR ire
,u-c.irelauee wrtlt Isa[:nitt,Iph y..lU.
I L4.=. ! itch emit nra:r kilt K. devilled to include an
tnnutani c c nsidcrJ 1 > ('i Y 'Y RAI Tt212 In l><r aek,quntr
to cover ('ei\1R.A C)R's overhead arai profit rot
eaclrntl su. tetu rdenutied hest
j< V "I t)1Z inn} make a
ileum far :m eel ustnnent Inn the, ( cmilmet Price in
ae'vordame,vtth:Arttcic I it,
11 ^),,i 1 tle qusiwity of %nyitem of t rift Pricc
Work 1- riConnisl by Cols. I R AC] Oak ditter>
nnaurail" and from the utimawd
qualitit} - such item Indicated inn the Aereeznent,
W+I) �q ',I R XLCIye+111i:P.1 U{ 909!4IE+6H,4¢I
_ti A I I1't II IIi<'I CO.-1 TS%R dnil It A,II0N: (lit e' I t,Owl!
and
I OX,'.2, there Is no corresptrtixtnrg acljustntent
With resli ct to anY oilier item ot'Wotk; atxl
11.933, it CONTRACTOR believes that
CONTRAr'1`(_ttt is entitled to an increase in
'oitract Tylce as a result of having incurred
additional expense or (")ll''NER txlieves that
t)\ti'R F;R is entitled Ica decitsase in Contract Price
atxl the lwlic3 arc unable to atrte as to the
11111174m1 of am- such iMaeasc or decrease.
I1 e>..3.4:_ t t3�l�t,.ac r(JI<__,vhnot�lc� teeth
Elie OWN hR hIm the n ht to acts or delete lu ms in
the Hid err change, quanugev at (Jt1'vr1R'S_s?le
dtsc;ehvn' dAUJ aftectina tl C"uuttaat i'rice af
any remaining rime so Ione as the dcleuctr_c)r
ayttittt t} x5 n, r e ed twgnt n c Percent of
the ortainal total Contract Price.
f1E2TIC1,F 12,A IIANGP.Ot CON 11CALCTIC'UES
I 1 _ t he Contract 1 imcs I or Milestone) may only he,
chanted by a Change Carder or a Written .Amendment
tij,v clean for a❑ zdjustnnCnt Of Olt Contract Time; (eir
Milestones) shall I Ica col on WT11tCn notice delis-cred bt
the party meking the claim to the other fmny and to
t'Pielt A+^ R promptly (bur in no event later than thirty
claps) sitter the OelYin`eiaCe Of the event ya o>Q rive to the
claim and Stating the sencral nature of the claim Notice
of the aunt o(the claim with suplxatmg data shall he
deliacred within axle dace Ater Bach cwctureiace funks
13csilltfil"k alhnis"adeltional time io :Isc'crtnni more
accurate theta in upprl of the claim) and shall be
ucompamed I,% the cl.mno int . written w:arrnent that the
Ajtrsm.nl chinned iti 11a tome adlustxtt2nt to uhiedt 012
claimauri has rear,eln to txiteve it is entitled tis a result of
the oa cirnerxe of weal ei ent All claim; for adjustment in
the Conti tct "rime s kor \Beast in. , i i4vati he deterinuied by
1'€GINFER in accordance %6111 jelrograph1) i1 if
t )Ak'1vL k and C'u :1 R,V'I ( W, Cannot othemrse agree.
No chim fee nn adlu.stnnent in the Conlnct-1'imes (or
\lilestank�l trill I� n acid it n it suNritictj in aewrdtnce
with the re+111 emunts of this lXnuLTap) 1-'_ I
I? -_ All tune limns &ited in the l oritaet 1) wuatte its
rireottheec5enc,i of the Aarcement
I'' Wbcw C i 1\ l R'V l'€ k is prevented from
completing Ian}' Dirt of dw 'Aork nithm the Contract
Tunes for Milesionest Bite to 'Willy tievoi et the conttel of
("O'N I RAI"1_Uk, the r'ontruct 1 mae.e (or Milestonesi will
he e�nncled in an mnount ogicll no tittle toot du, to such
delay if a china is Inudc therefor as provided In
paragraph 1: .1, I `dyes Nvond late control of
CONJ R V 'CC)R "hail include•, but not tx limited to. acts
or negle.:t I,% bl\ s F'k. acts or ne lecl of tuilav ownee> or
c)thct rontrai lcis 15 norm iiiz. o then work aF eontemp1mcd
hr e'U"Idc 7, fire 11, kk. ep,damics, abliormal weanccr
>nchtvim of acts ut (rod Delnvs attrihutable to and
within the ctnitrol of a SiAbcottiactor or Supplier +dvill be
deemed to he da(ayl within the amntrol of CO't l R ACTOR_
12A S'iihere t"l> I R:1i"°fi7R is prevented fiotu
wmpletumg any part of the t&'ork within the Contract Times
(nr Milestones) due to delay beyond the control of hoth
Iatt''TiR and CONTRACTOR, an "ieui i of the
Cortrau Tames (or N-talestones) in an aunount equal to the
titne lest due to such delav shall be CONTRAC:TOR'.s sole
and exclusive remedy Rm such delay. In no event shall
OWNF-R be liable, to < ii ,fRACT6R. any Subamtractor.
any Supplier. sure other person or organization. or to any
surety for or employee or agent of anv (1i' then,. for
damages tensing out of or resulting from (i) delays cawwd
by or within the control of the t`O 1RAt'"lt)l2 or
(u) delays lxyond the control of both parties including, but
not limited to, LIES, Across epidemics. abnormal wcatltet
conditions, acts of ;oc1 or acts or neglect hp utility owners
at other contractors performing other avcrk as contemplated
by :uncle 7_
MRIR'llft: 13-ATSTS AND INSP C'I'IONS;
1)IiFT•.iTII E AVORK
EU 'Vatiee t f flefeuts:
Prompt notice kit all Ckfoetive Work of which owl 'J R or
I ti IINI'LR have actual knnwledga will be given tc>
CO'r9Rfl1lt+R <All d<fective "'or], may he rc_testel,
Corrected or c,:epted as provided in this Article a.
:Iceess to }fork:
133 O4i sp R EVIL' TIa - HN61 J11'6 Consultants.
other repo<,tntttiv,% and pemlitnel of c71��1ll
ndLp'ndoit tc S mu Iabot phones and g0l0olllent ii ,igtn.,eb
widmyurs dice a a[ nterss will have t, dre bGi k sit
reasrrnlble- umes for their obsr'eation, inspecting o-axl
le:.ang, CUNI'kV"I:OR °Jilin prcwide then, proper and
Sate condiuons for such aCeL%s and a;lvi:;e drew of
t rJNTRAC"TOR site �.ttety pioct%f ies and proaxvns >n
that they mat rcmiply therewith as apphcablc
Tests and 1"Spectiotiv,
f?,'t CC)a.?ICit:TOh +fi:A goo h\cif iELt tuntly
nonce of readtnaes cif the ttiork t?�r all rez><rlred inspection.
Le:AS or apptoi I,. imtl shall ct'ttpcmte with inspection grid
>x•>uvg peis'a olyd to fleihiutr rucluircd inSpec4onv a,r taxLs
1 :4 (M LK shall enipk» and pity for tilt, senvtces of
an indcpendunt twain", laboratory to lerfeu ill ;ill
to lidctionti tc as. or appnortls rccloired hq the COMER
€ mocuments t.Xvoln
ill.4. 1. for insly moms. t,_rsls ,or .3pprot al. r,ov-ered
be paragraph I., > he1au °
€3A'. that cxsh uivarrccf ui tumrectwn ectAt tests
or impecuom, Conducted pur%ant to paragraph i 3 <)
t 3n1>C"<;I 'vErt.11 ,••,?li>rnc �, i`�la-${I ��in tdti�vil
x [11'r°)F I''KI,732.#,I A VhMI 7i `.A IluV3 rRk% 1.`1l001
below shrill iV paid as provided nr ,atd
litiragraph 1 1.9; and
13 4 3. Its othrrleise speciticsilIv provided in the
Contract Documents,
13.5 ICLaws or Regulations of any public body having
juraa retron require any LVork (or plat thcreal) sixciffically
to he inspected, te;tcd or approved by an ernployee or
other t cpncsentati e of such public body. CON MAC- K&
shall assume Cull responsibility fix arranging and
obtaining such inspections, tests or appioi als, pay all costs
in annneehOn therein- and furnish f NGEN'ER the
rcyuued eartihurtes of rnapoction, or approval.
('ONlRX"IOR shall alto he responsible tar arranging
and obtaining and shall Iraq all costs in a-anneaion with
ling iml ections, tests or approvals vcquaed tut OWNERS
and I NOI Nk31 Ws acceptance of mataials or equipment to
be inarnprated m time Sa'ork, or of materials, mix desigjr,
or equgvnsnt submitted her aliprovril prior to
CONTRACI[Ok', putthase dicreof for ineeq oration in
the Work
I', (I If any Work (or elk work of otfwm) that is to he
umspeled tested or approved is covcred by
C7i.)N RACToR without written concurrence of
I, t9 NECR, it nmust, if rcipuestcd by t ` ANHE R, IV
Uncovered fir ob.Wrsoatiott.
13.7 ttncownty work as provided in paragraph 13,6
sf alp he at Co;v 1t'TI lk's x^slknw unless
(:ON MAC u I Ol" his given I ll':f:Ii1Z timely notice of
i"O'N. PR 1CTOR`s ustcrinon to diver the F4,11le and
has not acted with reac,rimahle promptness in
responx tin such notice.
I iraroreing flock:
13 X if any i5cxk it covered contrary w the written
tz.lu t of hti 7�hr1R, it must, if rregaeated In
E'x\I l � EWk, be mioovr_red pot h \t I I 'tit l.'s observaimn'
and replaced atCr i R,yf `TY)R's epxrna!_
13-9I1'IAkilNhF'R eaon idtu's it nece.�an or advimble
that icovemI Work be ohsened by 1 NGANEf.R or
tRspretul �.rr tidies[ by other C'C)VT R woo k, at
vis hhTls recguot, -41,41 wIcnver, expose or atharwite
make -na0arh1e for olzscmuion, mspesiion or testiiv as
II ( NI;LI'. nice rctiaire shot litmuon of the i8ork in
auectvoon, hunLshung nff necc:•,uv fiL'rsr, matenal find
e(Impmentit it is found ihnt such Work is ;aefeem-c.
r'ri .ili..tr"Cr)R shall r:Ly Ull eEaims. cvsi;, lor,!Ws anel
cla1111 es cnatscxl by ,u%¢ma= out of or resulting from such
unoi ering, eyq,o ure, oli ervation. inspection surd testug
and of sxIIMJaetcoty replacement or reccnstructum.
fitmaludmg but not limited to Al easAs of repair at
replacement alwort al off ern'. mil t7R \kk shall be
entitied to an apprc}^riate d,etc.INe is the Contract Ptice.
and° it the l:,artte'� lirc urxi,le tc _rcc as to the anwullt
thereod' mas make. a chin, therefor ors provided in
Article 7 L If, hoiee+er such li'ork is not fiend to lie
,6mf'ctr Cl)VI R ICI Shalt he allowed an rncrtasc irm
the Corttmt:t Pni c or an e:ximm al it€ dic I'ontraet 1 inicrs
for Aish..trna4i_ ,or K,11h ditccIN attribu,:dmle to such
7
uncovering exficsure, olxcatvation, inspection, testrrv,
replacement and reeomoruction, and, if the flarties art:.
unable to agree as to the amount (it extent thereof,
5 {'fora(^,Tf)R may make a claim ihemfor a provided in
Articles I I and li.
0f1 V. 3? Alai, &op eke Work:
13.111 If the Work is drfeelive� or ('O TRtic;TOR fails
to sappiy sufficient skilled workera of suitable materials or
e(luilrnent, or lhils to furnish or perform the Work in such it
way, that the completed Work will conform to the Contract
I" xuments, OWNER max arder CON RACCC)R to stop
the Work, or any portion thereof mail the cause for such
order has heen elinttttitedt however, thus right of C`)kv\,liR
to stop the LWork shall not give rise to anp duty on the part
of OWNER to exercise this right For tin benclit of
C ONTRACrt R or any surxt orotherpany.
Correction or Removal afl3efeeaive IN)rk'
k3.I1. it required by Ir crINOIR, C'OMIZAt'TOR shall
promptly, as duectec[ either correct all dvfaclna ),Vt4,
whether or not fahvwtred, nstatled or completed, or, it the
\t`ork has lien rejected he 1 NNiil-Ml J1.N, remove it from the
site and replace it with Work that is net a7rf aive,
0)tiCRAC I -OR. shall pat, all claims, cents losses and.
damages caused by or resulting, flint such cxracucin or
WAWA ftriiiludate huh' not hnited to all coast, of repair or
replaceraciat of work. of odiarsj
13.12. C ormdion Period,
13 12 1 If wa€hin one veaar two years after the date o
Substantial C claiple i,,n of such longer Ireriod oftime as
may be prescnlxd by Law, or Rcgutaticxis er by the
aonns OC any applicable spectal gumnt,�e rcyuircd by
the Contract Documents at to any spcc9fac provision 4
the ttntract T,>ocaanems, anc li=ork. is hooted to he
,tcja<:iaa ('£ i'�'j'R rho 'Gilt shrall prt:mptlp, �°tth.aat cos€
to a i}G"?+17.;iLrrrnl ua ac`ctr,fatxr ntth °Jt1'4�ts ti4rit�aa
ire9rudi. n.,. f a i aaratic4 such elC jeerne• 4t'urk. ex, if u has
1 zvn re)jkotcd b,v OWNER, remove it boar the sate and
WI)klcc it with Work that is not cfa,1«ctira, and 66
•.atisfector dy correct or rtnwve unit replace ;ern damagc.
to other W(4 or the u,rk of others resulting thereliom.
if t't,l 'tR,ACTtiR does not pntniptiy comply with the
terms of such tnslrtwtionc or in an etnerec+nc)kehere
delam would cause ices risk of loss or damage.
r aft \I:R trial,have tl.r :-C Awn't, 14 ork konected or the
rejected War. rcnlsoe-d ai)d replaced, and all claims.
costs. hu s and dam ac,e�, caused h} err 1cci slung (rant
"lash real ,wal noel rrlrlac Trent (ncluduig but not
limited to all coats of repau or reptaccnent of work of
others) utll lx rikud Iv CON I RAC f(ik
I; I_'.. In ;penal ori7univtances tchero a particular
item of equipacra Is placed in comiiaaiou4 seer-
-ice
More Sub!aantiaal Coulplcuon of all the 14ork, the
cx rrtaxion penod for licit item mar stet to run from an
elu tier date If sir pr,,t idecl in thr IA
1Clilion ,Am en,llnent.
1 I I i. Where dafe'rnve 'A ork (and damage ro other
t, )a. l), (r°.itt,tt (i\tlilt4.,,'silt -x4a ,19iit-tllle4[)
"`� n a l l k 01 1 tRI (Jt.l,l h'S hi Leilli l(
Workresulting theretiom7 leas been eorrecied,
to noved or replaced under this paragraph 13 12, the
correction period leretaider with respect to such Work
will he extended for an additional period of <wve-vitae
Iltq vicars after such correction or removal and
replacement has Iran satisfactorily completedl
Acceptance ofDefeetive tVerk:
13_13 if, instead ofielluumg cvrrection of removal turd
replacement of defecave Work_ C)tV E R tarot, prior to
rNTG mvtiEMR''s recommendation of feud payment, also
prefers to accept it a7t1's81 R naay do so.
CCiNaIK1CT(,)R stall pkv all cWrns, s)sts, hosts and
damages attrlhutabte to Ow\! K's evaluation of and
determination to accept such ckf crivv Wort: fsuda costs to,
lie*, aA4ttovrd bi' );',,trLx}shPm as to reasetrrtrlenassj. If anc
such aoxe[uance occurs prior to ENGINITR's
reconmandation ol'final payment, it Change Order will lh
tested lncarInvating the necm-Dry' revisions as de
Contract Documents with rasped to the Work. and
C WNI R shall be entitled to an apl,ropriate decrease in the
Contract Price, and, if the parttLN arc unable to agree as to
the amounttfareol a)ltANEK may make a clean iha:tefir
as provided in Article I _ If the acceptaiwc occurs after
such recommendation.. all amount will be paid
b} Cti M RACI OR to CAVNER_
OWNER Afgr Correct Defeeri ve Work:
13.14 if CON YR AC TOR fail, within a nxisonable time
after written notice tram ts'v'GINEFR to correct del enve
ta'Ork ;r to remcwc and replace trlwtW ltoxk aSrquil ed
by E' V:INH# R in accordance with paragraph h 1 L or i f
t'C'iM RACCTOR lards to perfm a the Wort, in eccoid aicc
with ilk Coutract lyauum nits or at C'tiNI12A TOR fails
toi comply Wall env other prati51011 of Ihr ('olluart
Dkvumcnt,, OWNER inay, after wken day:' written
notice to (,( )N FRA( I OR, coved and Tem.•dV any such
d6wrcncl In cxcrcasinh the rights anal tent. dies under
this p,aaga'aph OWNER. shall I>iocced eypedhttouslr. Ill
cormac ion with such ctarec'tw e and rmcdlal actiam.
a VV Elk may eeclude CON i TRACT OR from all or lXao of
the sue, takeposassion of all or ran of the Work, and
1,ospend CONT12tcrows scn i(v� rchloi thereto, tukr
possession of ('0\TRAi"IORs uxtlL ;al;plrnncx•-c
o'r)rsttntttun equlpnlenl and machmcri, ,at the ate and
atcogxrale in the Mork all materials -tad cxlu4,ment
siceeki at the site or for which O't 'vlat has paid
r'OA j R,AC1`QR but which aic stored d-A.,Nvhcre.
COX IRV-PiR siaa0 allow
repro�ent.tficas, ;IUVAz and cnplvyera. Ct? _.fRa ether
c<ntnidors find I x(IfN, EEA. and I Neal ,EFIZ
C'c)aas li ants acaxs. to the site to enable a Ad NER to
exercise the right:, and rrrncdaes ulster this i aiugraph. :Ut
dour^, coasts. Itms;;cr, and dantaecs incurred or Zt wined kat'
a )4G'xl R ul cxerising such n hts and runs_(les wilt Ix-
charew Igain.n t'(NI RN,1- R and s Ch in_r I alder',kill
tK ls,)u:d lncurproraung the rot Isions Ian the
Corilr,act lhwuttwri s With respect to she i4'ncl:, end
L :loll shall (x entitled roan asp yxlate drercase in the
Commit 1§'letc, and If the tylral, etc ❑n;lNe t) a'rEo as to
the amount Oicrcof, OWNER n.ay make a cauu therclor
as provided in Article I I Such ;ants. a vtv t ses mid
damages will include but not be Inmded to all clews of
repair or replacement of work ❑f others destroved or
damaged by correction, removal or replacement of
6\, f RA('P(iR's *iechve Work CON OR mall
not he allowed an extension of the Contract Timcs (ur
\hlestones) because of any delay in NI-formance of the
Work attributable to the exercise by Off'iwlilt of O N1 ks
rights and reneilies hereunder
ARTICLE 14--PAYi4 .FrgTs'ro CONTRACTOR VxD
CONIrLYTION
Scherhile of I atlues:
to 1 The schedule of values established as provided in
Isla agntph _Sa will serve as the basis for process palancntts
and will he incorporated into a form of Apphcaion for
S'ayment aaclrtable to ('N('tlVEER. Progress payrments on
account of I nit lace Work will be ham on the num%er of
urnu completed_
.dpplieatioa for Progrou Pat=anent'
1.1 Z At least twenty days before the date. established for
each propels payment (but not mole often than once a
monthl_ C'C,5M'R.1t',,TC+R shall subma to ENGINEITR lift
1etachy an Appbcagon for Payment filled out anti signed by
CO TRACTOR covering the Work completed as of the
date of the Application and accompanied by such
sulrxxum die um erlaaticn as is recluiled b}° t}ae t-oluolet
Ilceuments. 1f payment is ro4uestod on the basis of
rnatermis find equipment not metarpmrated in the Clerk but
delivered and suitably stored at the site sr at another
toanooll agreed to in witting, the ,Application for Payment
shall also be accompanied by It bill of sale, iavace o4 other
documentation warranting that MVNER has reomcd div,
maw,l ray ahxl Tyutptueni lre . And clear of a41 I .m , grid
el aerie that the materials and equipment are cotertd by
sppropi,ae property Insurance and ether arrangements If,
pr, redo sNt"\LKs ,ntelest therein, all of which +kill be
sat=sfllam to t51FN[-,R rite amount of retainaa;e with
IcSjkct to laugres lxaymen€s will lti its stipulated in the
o ireernenl. \nt hinds That are withheld by the (AVN' F
:h:dl not bx ubl€a ro ;:uuhstituuot- Is} the i't) [ R VC"I O
%k Ith secmiuic , or any arrangemenn; introlc Inc an d.,dr,)ty oT
u:.kodianship 13r exccuthila the application tot Im3ment
tarua lbw a,'ONTIC,A<' OR esttK,,i111�-sly ..lice his m, t to the
hc11cl9tsA,CoronidoROVIsedStututs Section 24-tl-Irll_
el ail:
C'11.f'7 RU- TOR's llirrrurft.V of Title:
I4 t CON I RA( "FOR winiantw and guanuitocfc that title
to all 1A orb:., materials and equipment eaavered ht= anti
\pplicanon, lox Yavntenl whcrther incorpoated in the
Y,wjeri or not. will leas to 0" X114 no later than the Lune
t pi. rtent free and cleat of all Liens.
Review oj'Applicalions for Progreso Payment
14.4 t.'_tilil', khR will. within ten du-,r, alley rekeipl of
each Icpl-,licauon for 17avnient, either indicate in origins a
IJ111r'6tQniU e' \I)fl I ONS'au 10-81. ITO) hlilk,oi
a ClI` 1011 1 ra; I ,,T+tI W.i MoDn I CA'r1, %t 0,,t9:z IN.1
recommendation of joymetlt and prescal the Application
to tOtF_'tiURorrc4umtheApplicvationtoiY9NTRACJOR
indicating in writing ENG; ER's reasons for refusing to
n:commend imymern_ In the latter use, Cr N't RACrok
may make the necrosar} corrections and resuln ut the
Application Ten hays after pp€esentation of the
Application for Payment to G\4sNIS with Las GlNLERS
rewnnuenclanon, (be amount recommended will tsublect
to the provisions of the last sentence of rmragraph 14.7)
btCOaW due and when due will be fluid by OSi`:NEA to
CO TRAC mR
14.5. ENGIN".T;R's reaommenclation kit' any mvintatt
requested in an Application for Payment will corimitutc a
reprewitunion by ENGINEHR to M) ,,IiR, based do
FNGI tF,ER's on -site observations of the executed 11`ork
as an expea mnced and qualified desig4t prulci cuad and tin
I N(U FER's review of the A�phcatton for Payment and
the awcmapanyintZ ha t and xhedule-s, [bunt to the xst of
1,i,il'v1,liR'sknowledge,infeirmationandbelief
14.5.t. the. Work. has pro+gesud to the lxmt
indreaed.
145.2the quality of the R`crk is generally in
aceoidance with the Contract Do wneras (r;uhject to
an evaluation of the Work as a fiineitioning whoe
poor to ol upon Substantial Completioom to the results
of arty subscgawnt tests called for ru trio Contract
taeauumcnb� to a final determination of quantities And
classiic;tions tor t `nit prier. W,vk under
paragraph 4_'I0, and to any other qualificntioris stated
Intharcctnnmcoclation) and
14 5 3 the condinom precedent to
t'1 a'ti tRlCl't}R's being entitled to ouch payment
aplkat to have, been tuahlled imofai :is it is
i t r NCER s respoti,ihilux to ob.� rve the Work.
llowev,l 1tc= rctcnnnhesuineg act)+ �iuch INlymei)t
E:mGINIA,,R will not ilicrebt Ili deemed to have
t'epcseruedi that: fi)exhaustive or continuous on -site
msiekniios helve been made to oheck tl:e gatillh or tilt
quarmiA , I the %fork beyond the responsibilities
specifmilIv assigned to EEc;1VtiVR in the Contract
i7ocurnmit or ,it) that there may not be other matters or
issues hetsaeela the prartses that might entitle
COti, 1 R.V `f t1R to Iw pod :additionally be tilt=4hR or
entitle a )IVNI J2 io withhold lxivrnm to C`<Js.9 RAC`% AZ
l4.o ; S li lifiR's reconanerx9afion cal any payment,
nduding iinnl pit%ment, slunll not me;,111 that I `.Ufis sb;R
i< raslxalsiHc for t`tobi`?-R,AC"j't3ft`c means methods-
LMIIIIgtcsy sc*qudylQ0 ca procedures of wostruction or
the zltctt prcd tuli ms oncd propims inc,.iklenu ahcrcio. o€
12,r aka failure ct r Yt\"1 [ZAC1 Ole to comph dvith Laws
and kellulmons applicable to the fumlshing or
Ixrlormance. of Work. or for am failnrc of
I'(1N I I' V I'( IR to pert,*nu or t'umish 1A or in
acconfanee oath the Contract I aticurrionts.
147 I:A+ ; l', kFk mat yefrlse to rreamr maxi dvc whkaic
or alit hart of am pa}men% it' of },, aiI\- iI6 cpinaar, ii
aVould Ile mcorred to make the ret rew:ntansnhs to
t )Vr:Ni7 1;. referral to in paragraph 14.5 I;'+,ti INFER may
also refuse in tccommend any such payment, or, becaua: of
subsequently discovervJ evidence or the milts of
subsequent inspections or tests, nullify any such payment
previously reconmrended, to such extent as may lx
necessary in i MWNIEFR's opinion to protect Oti'4GR
front loss because',.
1471 the Work is clefeCave, or completed CUork has
been damaged requiring correction or replacement,
14 7.2, the Contract price has been reduced by
Written amendment as, Change, Order_
147,; ()WNrFR hats been required us correct
etr?feelave Work or complete Work in accordance with
j,rraglaph 13_ 1-t or
14.74. [AUIs.Ef3R has actual knowledge of the
occurrence of anv> of the events caanerared in
t>raragraphs 1>.2I tivau;� 15.�.4 inclusive.
O"'N R Ina refuse to make payment of the full amount
recommendi In, h\Gl4bFR because
147_5. claims have been made against t711NER on
ICcOunt)fCON IRAC1OR'sperfortnanceorfurnishing
of the Work
14.7,6. Liens have Iven filed in connection with file
tYark_ except where CONTRACTOR ins delivered a
sf�ctfic kond satisfactory 14) Ott ,3IR to secure the
aus,6Cticnl :cad dischaue of such Lace;,
1477 leave um other dents easels g a hd�` 7i'R to a F
offagllnmt tlw anroemt aernmanended, of
147.R- ()%V7,, R burs actual knowledge of the
occurrence tit env of the events ename'rated to
panagraph, 1A7:1 hu,ngh 14 7.:, or f aragraphs l> H i
through 15.2_4 indum%e:
but Otiidt:le must give (,QNiRACI`()R uhan�)14c
written notice (with a copy to F'_'vvLNb.bkl stating [Ile
rcoa )rls Cot such alien and promptly fwu C O.,:TRA,T( IR
the amount sir withheld, or am adjusament those a�-'Tecd
to Err t AN MN <uxl COOT RAC; i;>lt, when
CONTi<ACIOR corroce, to C)bfht:Rs ,,anslaclion the
te, rivals for �twh action
,Substantial Conyrlefina;
14i: Minn t'OVTRA( 'IOf, considers LEw- rnurc Wool,
ready for its intended use, ('ONTRAC10R shall notify
M6,kk and FN0IAFHR in wrttinu that the enlur tka,rlr
to ivlbsltontialls complete fexcepa for items spectficfiliy
Sited be [ ( \ MA ' I (1R as mrornplete 1 ouch request that
l ^ +ip LEf: atsuc a ccittitcate of 3uh tantial C`attivn arson
t1"ntism a 1eaaOnabk Una lhocatfer. U11M-K
('( S,. ! It 1(' 1 ! )k and Fi44 d w EFR. shall make an inspox;tion
or file Work to detemtine the status of completion If
r mlL wf EPIC does near o.ormcicr the [t csrk: serf staxtrailt-
ornlplele, i.n iIM-t-R cell ❑otiiv ( t);.TR_d( I(lk in
twrintiv 'riving the rea,k)rrs therefor It
t ),, D, n't,'V KAL i o"Do f f S`+S 191118 ?')"P t d)h,w
311 uH I I �)l ltrRI( l n,l,l ;Nltt0EUe AI €(t,VSIRI" 1r2,1WM
ccnrsukis the Work sutzstantralh• complete, LN(UNIT:R
will prepare anal deliver to (X NER a tentative certificate
of Subsuutial (Aaripletioan which stall fix the date of
Substantial Curlipletion (here shall he attached to the
certificate a tentative list of items to be conpleted )r
corrected betore 6rntl ppayment OWNER shall have seven
tkays after receipt of the €cntauvc certificate daring which
to make written object n to liNCINEI R as to any
provisions of the certificate or attached list. If, after
considering such objec-11(1115, EAG)NW R concludes that
the Work is not subsuntinlly, complete, 1~MANIIsl:R. will
within fourteen dais after submimicar of the tentative
certificate to ac)tifq OK III wrama,
stating thi reasrtts therefor, IL after consideration of
OWN'F'R's o jecuons, li;(AN't FIR considers the Work
substmtiilly complete. [AGI_v`t?$R will within said
fourteen dens execute arril delivea to OWNER and
CONTRACTOR a definitive certificate of Sulastantial
t,caupietion ( with a revised tentative list of itenns to be
completed or corrected) reticeling such chance.% from the
tentative certificate. as Ii�tGINf;FR lreliewts justified after
corwsiclerati.?rr of any objections from (:`rWNER. it the
Lime of del actV of the tentative certificate ref Substantial
f ""roplcnnn WNGI' FFN will deliver to OttNI'R and
CON, I R C-I OR a written recommendation as to div ision
of Ilending until payment between
(i NNHR and (70%INACTOR with respect to security_
operation sa6:n, malniernatte. heal, utilniea, il>~�rance
and wnoanties and guaranives Vftle=ss and
CON t kAC I OR a�yroe otherwise to writing and so inform
k`dUV,,[�'tslZ in writing prior to FNt FINF.F,R's i%, inng the
definitive certificate of substantial Completion,
1=ti()tx,l FR's atix -ti.ad recommendation will the bindii,;
ont711 ENand ('t)hIRACTORuntil finallxrvmunt
14.1) OtS "R shall have file right to exctude
(Oi 1 R 4+' R)R dam the Work after the &tie of
Sul, tanaal Completion- but OWNER .simli allow
11'Oti rR 1t'TOR reasonable acee�;S to complete cx correct
lti?rt14 on albs` 7e151'.itt5 t hsk
T4artiat Cti inafiun:
14 10 t'se by t)1t ;NHk at (AVNER's option of unv
eadst,mtl;l11, completed pan of the Work. avhtch (i) has
s ec if ically harsh i&mified in the Contract Documents, or
hl) (AVMN. 1,7\i)I'll AR said (71 ),\,YR CTOt: ttigreo•
cons! dines, ,1 xlr)nrtely iuncxioning and cable hart of the
W'A that can tv krscd b+v t3101-k fix its intencle(f
purpw,a worst stgrufrcunt interference w°ifh
0 )N FR vi '1(>C's rrrlormanco: of tlx remainder r,f the
VVA. mo} lx acticv tphshed prior to Substantial
:'emplcnam ofall tax kk'arrk. suhtcet ao the kolkvu trig
4 U I r 7iv ;ER at any' nine map re(Iaesl
r )`V I T'v v " I i.11; in writing to permit ti VNUR tL, wse
an} v+ch part cot the kkork )ehtch M), \f:R heliaves tot
Ili reads fox ifs intended Usti and sirlyi�antialty
cc llptete. 11 C,1N R:V t 7R apocs that such hart of
the llork i!.!gllramltulh• Complefe' C'O'ti t RX—rolf
rill eertife I, tAlNkk and 14"'MNF.ti'R teat +uch
1, �n ,Dube it o+rk is nuhcmntmlly complete and r Njkie a
1_ �rl. IiER o issue a crtificaw of Substantial
i',smpletion for that purl of the b' ork.
CONTR;YC I -OR at any tints: may notify t;7W"NER and
I`NM WEER in writing that CO fR,ACTO R considers
any such lint of the Weak ready for its intended use
and stibstanhally complete and request HN( VEER to
Issue a cerhficute of Substantial Completion for that
part of the Work. within a reasomtble time after either
such request. OWIN'EiR, CONCRACTOR and
V,NGJ`\T N.X shall make an tritTeetion of that part of
the Work to determine its status of completion If
LNGI ELK dens m t consider that part Tef the Work to
Ix substantially cmiplee, EN`GINTER will notify
AVINFR and CONY R iC OP in writing giving 0Ic
'
reascros theretiar. If 1'vi J?�IsFR aaysiders that n of
the work to be substantially eumplete, the provisiors
of paeragrnphs 14,N and 14.4 wilt ally with inspect to
-enitiaauon of" Subsaantial Completion of that Pitt of
the %Ptak and the divistort of re5puasibili€y in (espect
thereol'arid access thereto.
14.1il._ No occuretnev or separate operation offmn
of the Work will be accomplished prior to compliance
With the regwrenacnes of ivragruph 5 15 in revp x of
protxrty inlwranco.
final Inspection.'
14 11 1 Pon airman none(, from CONTRACTOR TOR that the
entac A4'irrk or an agreed rIorti rt the eot' is complete,
t t,tN1SR will male a final inspection with (IWN"ER
and C'r NA'RAC 1 C N and will raatify CON MACI OR in
uraing of all Ixartiaulum in which this Inspection revurls
that ilia I %o rk- is incomplete or defectn•e CON I R AC ,R )k
shall ❑nmediatcly take •:ueh tneisuros as are n6c.scary to
complete such wort: or relne ly such doticiencies.
Final. ipplietaicta J'ar Patrueat:
141_' A,ticr CONTRACTOR has completed ,ill such
curreutisms to the ,raustacoon of ENOI NTER and delivered
ITT aaecordan<e whit the Conttuet Docruncnts all
mainteMInCe and olxrtsIAV, lostUA10M, ulirn9utes..
guarantees. Bend;, ceuificates or other evidence of
insmanue tntinred be fara6raphS4, cerokate; of
mstv,enoi, marked -up record dociunents ;as provided ;n
p,ir;igral+6 ter, and other dcxunietae CONTRtACroR
m n make apf4icajon for titill payment folloiynL� file
ix. sedate Ii r pnwreasp icraents The final !Application fee
paumenl Steen he fexvvpt as previously
delrkeredf he (i)all documentation Called for in the
Contract DXinnents, trcluding but not limited to tilt
evidence of msurincc €equirod by stablvaragrapb i 4 l
drat corL"ent A the Sttvty. if ant", to final puytncnt. and
(aaicowpht .and ieiealk cGoive releases or wan,-rs
c,ete;hMoIN to I'WNEf i c)(all Lieu arising caul "For filed
in tx,nne:ettnn set€h the Wolf,.. In ltaa of such refeau" or
rancor` of Liena and as approved by t)fV:xj;R.
I'()A 1 iZ:VS J (aft mattumrsh rtceirts or releases in Bill
arxi at1-idayu or r'( )"I R,v'IOR that (0 the releases and
iC. Tpts rndtlde all lalair. son aialta material and eduiprnent
fin which a Lien could be filed, and (ii)all Ixayrolla
material and ctluil 1lent bill!, and Oflx.r frldehtedticss
croon red it ith the 14".x1i, flay whieb ( AV'v`kK or I NV" H?"
prcjYerly might ai ang way be respons lble]ave IvenpaIdor
t1 envise sntr,tied Jf any S lbc wnrctor or Supplier fails
is u(,ial xi,1AL)J I I( %S I,) I 0-s Et you t.tiitm,
n z a l YUr I RW Ie',a nisi.MaaDn 1 CII lNSo4i. d3iIlNl1
a) limush) such a release or receipt in Lull,
CCONFIRAf TOR may furnish a Bond or other collateral
satisfactory to O1NN R to indemnify O\V\ R against
any Lien Releases ur winters of lions and the consent_cif
ihe,surdy tu_flrutltre pacnient,acc tc�,in suL�miUctl,cln
forms onffilrntingto the format cifthe OWNER'Ssta%4rd
Forms bot rxi to ha I roject manual.
final Payinewtund.4ceeptance.
141:3. Et, an the basis of 'EN"(31N iF. s otzservatirm of
the Work during construction and final inspection, and
h:gCiNEV'R's review of the I.inal Application for Ptivalent
acid accompanying dmumcmation as required by the
Contract Documents, E%GINEER is satisfied that the
Work has been completed and CON"1"ILA TOR's other
obhgahims under the Ccntust Doaurntnts have been
faffilled,1,'NGI\IIa:R will, within ten days after receipt of
the final 4iplication for Paymetffi indicate in witting
t„tiCilNEkk's rwommerdation of payment and present
the Application to OWNER for payracm, At the same
time 1'vt INVIIERwill also give written notice toCN4'gf^,1t
and CON Rat"ft>R that the 14brk is nece{)ttabla subject
to the provisions of paragraph 14.15. Othrwrse,
l,`NOINEER will return the ,application to
CONTRACTOR, indicating tit writing the reim its for
refusing to recommend final payment, in which mac.
CONT RACTOR ;hall make the necemauy correelions and
resubnut The :Al>plwaiicm. Thvn - da}`r after pre�,ntatton to
OT,V FU of the application turd :aactvnpanving
documentation, in appropriate total and sathsttince raid
with iNWNH ICs rccommemlation and notice of
ace,jarfa ity, ilia aviomit woonn tailed 1 i E NOINFER
m.
will become duo and will be paid by t)1N\kN to
COM RACTOR vublcct to paragraph 17 ti _' of thelcl
Cenertd Conditions
14_14 It'. through no fault of CONI`R TC r0 R tinal
Completion cf the "oak is �Ilgrin anth delaved and If
E EdAC1,R :v cr>itfmn, ( AVNER ,hall, ufxaii receipt of
�Nfii.Ar']'zrR'> finA Opphaation for IlIvnwnt rind
rccotumendativn of LN(i Isq?E IZ, and without terminating
the ilg oeincrat_ make, iniyinent of the, lxalanae dun for tluit
portion ofthettrcil: fully completed andaccepted It
remaining balance to by held by [ )11'4F'R lot Work not
fully completed of Corrected m less Than the foainage
,tiptilited in the Areemunr, aid it' Binds have been
hunt hed a, required in r-4v&uaph > I - the wi nrcn e.cmrunt
of the surd; to the pa}iaenf of the balance due for that
Irmion of tile 1k"e,il, fully uJanpleteaJ and,w eptcd shall be
salxnitted hi ((NI1<4(`IOR To i %ilIAI isR with the
Apl,lrcation for salt Is%311Ient. 5udn payment shall Ire
nia& under tite [sills and conklitions 1,0v runny_ fimil
p'aa)meiu. esceilf that it Shull not ccuvaitutc a waiver of
chtm�c
U "irer ajC'laiors:,
f4.Ps the making and nc<en ntieol haul payment uili
ac;nstitOW
141� 1 a weaver of Al .Innis he t)1i'sick asaninm
(rr\fk+V lOR. coospl dainis Inising limit
utnettled l.ien<_ tram ckJi rn•e FCork ippeorinr; Ther
fiscal inspection pursuant to paragraph 14 11, from
failure to comply with the Contract Documents or the
terms of any special guarantees speenfied Owrem, or
from C()VFCR_ACTCIR's continuing obligations under
the Corrtratt IJocmuents, and
14.15.2. A waiver of all claims by CON7R.rll:'TOR
against ()W ':R outer titan these Ixcvivusly shade in.
wri[rnk: and still unsettled,
ARTICLE IS. —SUSPENSION OF WORT AM)
TFIRUNUNATION
011 AER Heir Sa.y+end tL'rtrlc:
I> 1. At any time and without cause, OWNER may
,H,Spend the Work or any" portion thereof fora lxnoxl of not
more than ninety days by critics" in writing to
() V €'R_K' rOR and ENGINEER which will fix the date
on which ty'ork will he reeuneil. Ct)N1'R CI OR shall
resume the. Work on the date so fixed CCl' W—' C'VOR
shall be allok%M an adjustment in the Contract PrRv or an
emersion of the Contract Times- or both. dhecth-
atnbutablo to any Such suTcrrsion if t'OIfRAC YOiz
makes an aptxo%ed claim therefor as provided in
.lt ucles I and 12
Off h'i?lkly7erminnre:
15 Z 1'p:on the o>ecurrunc litany erne or more of the
tol lowme cvGeti .
13 2.1. rt t'()XTRAt'TO R persstentk fails ter pyertixnr
the kkork u) ;r"oidanue wUh the Coarser t ocumeurs
(including. but not limited its failure to supplyss+fTclent
d idled workers or suitable matcxiak or egniltnesat Of
failure to adhere to the jveq_gn�ss sehedutc . tablivlte'i
under 1ximLraph?k) as adjusted from time to true
perrxuant to paragraph
I5_'.2. if CY)'.ti TR.V fOR disiciatmK 1.aw:e of
Regulation, (if rmy publ is body flat ark itttisdiMom
15'-.3 it' 0 )NT 1'AC'I'OR diSregslr&; the audii�1ily of
L\cllPtiitiR. nr
15 ' 1 it CxiVIRAC I Ok otherwise i, elate-5 in an%
subatantialI 1A%N tat}' pttavisicoma col' the Contract
1)acumems
01VF.R shay. after sin mg CON I RAOTOR (and the
4wety. if am' seven clays serltioi nonce and to the "tQnt
ikmitaed by Laws and "Rcgupations, terminate the, scrvicct
clt A I R. WI OR_ eu�lude t't A I N AC I'OR from the site
and take possession of the U'ork and of ,ill
loots. appluarwe conatruelron
equipment and machines at the, site and use. the same to
the full cxnent the} could be cised by 01 r? [RN "I OR
(wa how liablIfty to i'()"�I RAC'rtiR for trespa+� or
co m ersigarl. aworltnrule in the Work alt materials and
exlutpment stored at the pure or for which talk Vi{R has I'nrid
1�) I,; 04 vbaAt e UI Ile AS 191 S'tv)i k dltin 1
i- %V dli A trait l t Vlr ISS NAlillr A €(0'S(RL_S I2i410)
('(),'ti"fRU TOR but which are Stored elsewhere, and
finish the Work as 01V\`l Rmay mean expedient. In suds
vise i'l>NT12A TOO shall not be emitted to receive tiny
further payment until the Work is finished If the unpaid
baharce of kite Contract Price exceeds all claims, carts,
lasses and damages sustained by. OkN'Nl R arising out of
or resulting from completing the 1V%crrk s'uvh excess will ire
Latch to c't NT%ACT()k.. If strcftcdtrims, tx was, Itcz:es and
damap•,es exceed such unpaid balance, CONFRACTOR
shall pay the difrcience to OWNER. Sudt claims, oasts,
losses and damaget: incurred by OWNER will here iewed
by R^sf,INFFR its to their reasonableness anti when so
approved by VNGINI-I'M incorporated ma C'lmng*,e Order,
Provided that when ekcicising am rights or remedies
under this paragraph t>1\%F.R shall not be required to
obtain the lowest price tor the Work performed.
15.3. Where CON"I k,WFOR's services have been sa
lernuairted by OWNER. the termination "rill not affcct
any eras or remedies of OWNER against
CoNrRAC1OR then existing or which may thereafter
accrue_ ,Anv retention or payment of moneys due
t-o-N. etc."1'6k, by OWN).R will not release
cX.)y.`i F:,1C`l"t1K troth tmhihty
15A F pxrn seven days' written notice to
X) 1R:1i'fGtt ant Etit31's1;tR, OW"' V1 may,
without cause and without prejudice to any other right or
iemedy of'Akry R-elect-to1coomatetile,Aareemam. In
such c�v;= CONI'kAt-IOi2 shall be paid (Watiout
ctrtphcation or any ttemsl
I � 11. for eumplotcd anel .l,.crptat+lc 11'ex k ey.cuted
u) accordance with the Contract fMc:umentx prior to
the effective ate of termination, including lair and
reasonable stuns for overhead acid profit on Stich
li'lit k
15 4 __ For oepenses sustained prior to the eticctive
dU, or terminewn in fettl,;m ig xxytc,� and
bilmshim, labor mntertal, or ecpuipalent as requited
by the 1 onLntet Fkxxunrents in ernncehoxi with
ununllplelieO % oA, plus lair aril riSe'xnabfe s,ultra for
overhead and profit on such e^yhnsc�t
I + 4 3 for :ill claim& caste. lorsscs and clantagcs
"nursed in Setalentent of teinunated coaurects with
Subc;ontracicn. Suppliers anal others, and
I`4-1 tof toasonalilc c,penw"s direJt;<aitrtl�Yi.ibh
to let urination
Fit lC I OR shall not he paid on account of hAS of
eltialp meal profits or ravenuc yr ndtcr ec-tarcunie lass
wi^,ino out of or resultar2 from such termirxition
COA'TR 1t'TO[? f1gT, tap Work or Terminate
i 55 11, through uo a $ ca Paull of o ON I R.AC I I IK. the
l ark is srrxm-ndcd Lora jxrio d of mor- thati nfneyy clays
by (M \ER or under an order of coon for other public
aurholity or F,A'+.I el lsp2 fails to act on any al be tint
for Pa within thine° d,ns oiler it Is su1?miRCJ or
i )1A ', tF< fails for thrrr) dav-.. to vin, +'r A I s )fie ally