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HomeMy WebLinkAbout104903 G L HOFF - CONTRACT - BID - 5971 PEDESTRIAN BRIDGESi�lvL'Y �i;tJ SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Pedestrian Bridges BID NO. 5971 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS April 7, 2006 - 3:00 P.M. (OUR CLOCK) SECTION 00100' INSTRUCTIONS TO BIDDERS responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident. Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 102. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I I or Article 12. 103. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (h) required because of acceptance of defective Work under paragraph 13.13 or correcting i7 fec2ive Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. chanties in the Contract Price or Contract Times which are agreed to by the parties, and 10.4.3. chances in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any- such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents FJCDC GENERAL CONDITIONS 1910-8 f19901361icm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All cluties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and snail be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 1 l 2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11,9.3, inclusive); 11.32. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Coat of the Work. 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Pavroll costs shall rAude, but-ta be lim iced to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and -retirement benefits7.benusees; applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furrushed and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, FJCDC GENERAL CONDITIONS I91 M (1990 RCHU r) 24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who wilt then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs l l.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work, 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with temts of said rental agreements. The rental of any such equipment, ^chanery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or sunilar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. IIA5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such lasses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8, Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-ail of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against. CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EICDC GENERAL CONDITIONS 19104 (1990 Edition) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be'liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.62.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent, 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intentof paragraphs 11.4.1, IIA2, 11.4.3 and 11.6.2 is that the Subcontractor who actually Performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five parawA-othe-amiNu id4o thel�;vaFfiet:-Subeett4eetef to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor, 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11 A.5 and 11.51 11.6.2.5, the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease, and 11.6.2.6, when both additions and credits are involved in any one change, the adjustment in CONTRACTOks fee shall be computed on die basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 2-5 determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work.- 1 1.9. 1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for ail Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and detenuining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be. deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 26 EJCDC GENERAL CONDITIONS 1910-8(1990 Edikiai) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) and 11.9.3 there is no corresponding adjustment with respect to any other item of Work, and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Docutents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost clue to such delay if a claim is made therefor as provided in Paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 124. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal "reacher conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIJE WORK 13.1. Notice ofDefeefs: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Accesvto Work: 132. OWNER ENGINEER ENGINEER's Consultairs, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at rea.,w blc� for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13A OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1341. for inspections, tests or approvals covered by paragraph 13.5 below, 13.4.2 that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC GENERAL CONDITIONS 19I0-8 0990 Edi[im! w,, CITY OF FORT COLLINS MODIFICATIONS (REV 42000) below shall be paid as provided in said paragraph 13.9, and 13.4.3. as otherwise specifically provided in the Contract Documents. 135. If Laws or Regulations of any public body having Jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and famish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.T Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR'S expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACT OR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furrshing all necessary labor, material and equipment. If it is found that such Work is defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract. Rice, and. if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if die parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 0KINER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period.• 13.12.1.If within era yea e two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (it) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all clams, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defechve Work (and damage to other �g EJCDC GENERAL CONDITIONS 191M(1990Edinm) WICITY OF FORT COLLINS MODIFICATIONS (REV 4l2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of are year two year after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER'S evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTP.ACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER:s Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustamed by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article I I. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER'S rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values- 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents, If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retamage with respect to progress payments will be as stipulated in the AgreenmeriL Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship. By executing the golication for pmvment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101. et seg. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review o/Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,^2000) recommendation of payment and present the Application um OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment wilt constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (it) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER'S recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure. of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents- 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEERS opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such paytnent previously recommended to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14,7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15 2.1 through 152.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial C-ompletion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER �� EJCDC GENERAL CONDITIODIS 1910-8 (1990 Editia0 wl CITY OF FORT COLLINS MODIFICATIONS (REV 42000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections front OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in witting prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (u) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without sigrnftcant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12, After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Pavment shall be accompanied (except as previously delivered) by: (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph54.11, hi) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (1) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier faits EICDC GENERAL CONDITTONS l9 ] M (1990 Edam) w/ CITY OF FORT COLLINS MODIFICATTONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on fors conforineNER'S standard to the format of the OWrd forms bound in the Protect mmanual. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEEWs observation of the Work during concoction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation in appropriate for and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6.2 of these General Conditions. 14.14. If; through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CON'TRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OE WORK AND TERMNATION OWNER Mai, Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I I and 12. OWNER Mav Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph2.9 as adjusted from time to time pursuant to paragraph 6.6), 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.^.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents: OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 0MC GENERAL CONDITIONS 1910-5 (1990 Edivam) 32 w/CITY OF FORTCOLLINS MODIFICATIONS (REV 4/1000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work perform ed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the tenmination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work: 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable scans for overhead and profit on such expenses; _.... 15.4a.l c auras ccS,s .saes Arid iatmages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination COM R4CTOR Mav Stop Wick or Terminate 15.5. If; through no act or fault of CONTRACTOR, the Work is suspended fora period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fads for th rty days to pay CONTRACT OR any 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 sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of temtinating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' wntten notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR'S stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Gtrdng Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: IT11. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 17.2 A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of lunitations or repose.Cumuladve Remedies.• 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 632, 13.17 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER theieunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not. be Inn tied to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Agreement. Reference to two�ertinent Colorado statutes are as follows: 17.62 If a claim is fried OWNER is Teuuired by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sulficient funds to insure the payment of all claims for labor. materials, team hire. sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 i4 MCDCOENERAL CONDITIONS 1910-8(1990EMiai) wi CITY OF FORT COLLINS MODIFICATIONS (REV 42000) (This page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 W7 CITY OF FORT COLLINS MODIFICATIONS (REV 420001 EJCDC GENERAL CONDITIONS 1910-8 (1990 EdUai) 16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4l10001 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11, and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be bared by the applicable statute of limitations. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediationunder this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. EICDC GENERAL CONDITIONS 1910-9 (1990Editim) GC -Al w! CITY OF FORT COLLINS MODIFICATIONS W.V 9/99) E1CDC GENERAL CONDITIONS 1910-8 (1990 Edi[im) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) GC -Al 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 Investigation Pedestrian Bridge, West Mulberry Street and Larimer County Canal No. 2 Fort Collins, CO CTL Thompson February 25, 2004 Geotechnical Investigation Pedestrian Bridge West LaPorte Ave and New Mercer Canal Fort Collins, CO CTL Thompson February 25, 2004 Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. 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 7/96 Section 00800 Page 1 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 2 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). 7/96 Section 00800 Page 3 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 federa-1 , state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and 12/03 Section 00100 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Bid 5971 Pedestrian Bridges CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: DATE: DATE: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 NUMBER 1 2 3 OWNER: City of Fort Collins ENGINEER: CHANGE ORDERS DATE Net Change by Change Order AMOUNT $0.00 Section 00960 APPLICATION FOR PAYMENT PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: CONTRACTOR: PERIOD ENDING: 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 Chanqe by Change Order. Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By; Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By; Payment of the above Amount Due This Application is approved by the OWNER. Date: By: 9/997/96 Section 00960 Page 1 PAGE 1 OF 4 $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 WOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 KOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 KOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 2 CHANGE ORDERS Bid Item Unit Number Description Quantity Units Price Amount APPLICATION FOR PAYMENT Work Work Work Completed Completed Completed This Previous To Month Periods Date Qty. Amount Qty. Amount Qty. Amount Stored Materials This Period PAGE 3 OF 4 Total Earned Percent To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 GENERAL REQUIREMENTS INDEX PEDESTRIAN BRIDGES SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01340 Shop Drawings 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 3-4 General Requirements 5-6 General Requirements 7 General Requirements 8-10 General Requirements I1-12 General Requirements 13 General Requirements 14-15 General Requirements 16 General Requirements 17 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of the design, fabrication, and erection of three simple span, welded self weathering steel truss pedestrian bridges with timber decks, including helix pier and steel abutments at 3 locations in the City of Fort Collins. Two bridges shall be installed on West Laporte Avenue over the New Mercer Canal. One bridge shall be installed on West Mulberry Street over the Larimer County Canal No. 2. Specific locations are described in Section 3500, Project Map. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Rick Richter and/or Erika Keeton will be the ENGINEER (Project Engineer/Manager). Rick Richter 970.221,6798 Mobile/Pager 970.222.1132 Erika Keeton 970.221,6605 Mobile/Pager 970.222.0787 Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page I of 17 UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922,221-8553 Telephone: U.S. West Communications 484-0300,226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: Comcast 493-7400 The work described in these plans and specifications may require coordination between the Contractor and the utility companies. The contractor shall notify all affected utilities at least two (2) business days prior to commencing excavation or grading work. Contact the Utility Notification Center of Colorado (UNCC) at 1-800-922-1987 to have location of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6608 END OF SECTION Latimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 General Requirements - Page 2 of 17 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor, s contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Preconstruction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Page 3 of 17 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. 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. 12/03 Section 00100 Page 3 C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements - Page 6 of 17 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Contractor will provide the construction surveying for the improvements. B. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re -staking construction stakes and for the cost of re-establishing a destroyed monument. C. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 7 of 17 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Engineer, are at the site and available to workmen. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. General Requirements - Page 8 of 17 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished. 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Engineer to determine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 ''/z" x I 1". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are fumished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. g. Revisions on re -submittals. General Requirements - Page 9 of 17 h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Engineer and resubmit until accepted. B. In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions. D. Shop Drawings. 1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION General Requirements - Page 10 of 17 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor, s control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page 11 of 17 B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION General Requirements - Page 12 of 17 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 13 of 17 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. 1D.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 12/03 Section 00100 Page 4 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements - Page 14 of 17 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements - Page IS of 17 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 16 of 17 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Requirements - Page 17 of 17 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the current Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Inspection of Work 105 Maintenance During Construction 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress 201 Clearing and Grubbing 206 Excavation and Backfill for Structures 207 Topsoil 212 Seeding, Fertilizer, and Sodding 509 Steel Abutments 552 Helix Piers 630 Construction Zone Traffic Control 628 Pedestrian Bridge REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: Subsection 104.04 shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work, and the day, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, DULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract. The Contractor will not be paid for traffic control costs incurred during Contractor caused delays. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with the Engineer the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work. At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by the Contractor and the Engineer. The Contractor shall utilize forms approved by the Engineer for the tabulation of Traffic Control Devices utilized. The Contractor shall maintain access at all times to all businesses within the project. Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented as directed by the Engineer. The cost for traffic control is covered in "Revision of Section 630, Traffic Control Devices" found herein Project Specifications - Page I o128 NO PARKING Wed July 7 7:00AM-6:00PM PATCHING Project Specifications - Page 2 of 28 REVISION OF SECTION 105 INSPECTION OF WORK Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.11 shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. Project Specifications - Page 3 of 27 REVISION OF SECTION 105 MAINTENANCE DURING CONSTRUCTION Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.14 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left un-cleaned after the completion of the day's work. It shall be the Contractors responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted, will not be paid for separately, but shall be included in the work. Project Specifications - Page 4 of 27 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.12 shall include the following: The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details, or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer. If the area to be repaired is only damaged on the surface, the Contractor shall remove the damaged areas of sod to a depth that will allow new sod to be placed, place new sod, water once and notify the property owner in writing of the nature of the work that has taken place and the fact that the sod will be watered only once. The minimum overall width of the area to be sodded shall be one (1) foot. All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns damaged by construction operations other than concrete repair shall take place within three (3) working days from the date of damage. In areas where the Engineer directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod and sprinkler relocation will he provided by the City under separate contract. All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done, and shall not be measured and paid for separately. Subsection 107.25(a) 3 and replace with the following: 3. State Waters. Based on 25-8-103 (19) CRS, state waters are defined to be any and all surfaces and subsurface waters which are contained in or flow through the state, including, streams, rivers, lakes, drainage ditches, storm drains, ground water, and wet lands, but not including waters in sewage systems, waters in treatment works or disposal systems, waters in potable water distribution systems and all water withdrawn for use until use and treatment have been completed. Subsection 107.25(b) 11 and replace with the following: Removal of concrete waste and washout water from mixer trucks, concrete finishing tools, concrete saw and all concrete material removed in the course of construction operations or cleaning shall be performed in a manner that prevents waste material from entering state waters. A minimum of 10 days prior to the start of concrete operations, the Concrete shall submit in writing a method for containing concrete wastewater to the Engineer for approval. Prqiect Specifications - Page 5 of 27 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 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 12/03 Section 00100 Page 5 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.04 shall include the following: The work shall be completed within the following calendar months: All Work is to be complete in fifteen (15) working days. Subsection 108.06 shall include the following: Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. Subsection 108.07 shall include the following: Failure to fully complete the project in fifteen (15) working days shall result in liquidated damages assessed against the Contractor in the amount of $1000.00 per day. Project Specifications - Page 6 of 27 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised as follows: Subsection 201.03 shall be amended to include the following: When any tree roots are encountered during construction operations, the Contractor shall notify the Engineer prior to any root removals. The Engineer and the City Forester's representative shall then make a determination regarding removal. Tree roots shall be removed with a sharpened, sanitized saw, cut orthogonally to its longitudinal axis as closely as practical, to leave the freshly cut root surface in a clean and smooth condition. Axes or other blunt objects shall not be used to cut tree roots. Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to prevent any damage to the roots with tools or equipment. All costs for removing tree roots shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the removal of tree roots. Project Specifications - Page 7 of 27 REVISION OF SECTION 206 EXCAVATION AND BACKFILL FOR STRUCTURES Section 206 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Subsection 206.01 shall include the following: This work shall consist of structure excavation and backfill for bridge abutments and piers as shown on the plans. MATERIALS Subsection 206.02, General, shall include the following: Free draining fill for bridge abutments and piers shall be composed of No. 57 aggregate. METHOD OF MEASUREMENT Subsection 206.06 shall include the following: Free draining fill will be measured per ton of material complete in place. BASIS OF PAYMENT Subsection 206.07 shall include the following: The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Pay Item Pay Unit 206.01 Structure Excavation Cubic Yard 206.02 Free Draining Fill (No. 57 Aggregate) (C.I.P.) Ton The above payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Excavation and Backfill for Structures, including haul, stockpiling, placing material, watering or drying soil, compaction, proof rolling, finish grading and disposal of unusable materials, as shown on the plans, as specified in these specifications, and as directed by the City Representative. Project Specifications - Page 8 of 27 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised as follows: Subsection 207.02 shall include the following: The source of topsoil for this project is undesignated, but the Contractor shall ensure that the source location and the area, which is to be used to store topsoil, shall be free of noxious weeds. Failure will result in the rejection of this topsoil. The imported topsoil is subject to approval by the Engineer before use. At least 30 days before hauling soil to the site, the Contractor shall supply a sample of the topsoil to Colorado State University Soil Testing Laboratory for analysis. The Contractor shall also contact engineer to inspect and approve this area and the area where the topsoil shall be stored. A Certificate of Compliance from the University shall be provided to the Engineer to verify the organic matter content, pH, sodium absorption ratio, electrical conductivity and nutrient requirements. Contractor supplied topsoil shall meet the following criteria: Property Minimum Value Maximum Value pH 6.5 7.8 Sodium Absorption Ratio - 10.0 Salts (electrical conductivity) - 4.0 mmhos/cm Organic matter 3% 10% Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients the extracting solution used by CSU Soil Testing Laboratory: Nitrogen 5 ppm Air dried Basis Phosphorus 5 ppm Potassium 30 ppm Iron (Fe) 5 ppm Topsoil shall not include any minerals or elements detrimental to plant growth. All rocks and debris larger than four inches in diameter that are visible after the topsoil is spread shall be removed and disposed of in an appropriate manner on the project site. Subsection 207.05 shall include the following: The additional of manure or soil amendments needed to bring the topsoil into conformance with the specifications will not be measures and paid for separately, but shall be included in the work. Pmject Specifications - Page 9 of 27 REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING Section 212 of the Standard Specifications is hereby revised as follows: Subsection 212.01 is revised to include the following: This work shall consist of soil preparation and furnishing and placing topsoil and blue grass sod, in accordance with these specifications, accepted horticulture practice, and in reasonably close conformity with the locations and details shown on the plans or as designated by the Engineer. See "Protection and Restoration of Property" found herein. Subsection 212.02 is revised to include the following: Topsoil Topsoil shall conform to the requirements of "Protection and Restoration of Property" found herein. Sod Bluegrass sod shall be nursery grown, 99% Kentucky Blue Grass and 99% weed free. Other sod type may be used only if approved in writing by the Engineer. The 1% allowable weeds shall not include any undesirable perennial or annual grasses or plants. Soil thickness of sod cuts shall not be less than 3/4 inch nor more than one inch. Sod shall be cut in uniform strips with minimum dimensions of 12 inches in width and 48 inches in length. The Contractor shall submit a sample of the sod he proposes to furnish. Said sample shall serve as a standard. Any sod furnished, whether in place or not, that is not up to the standard of the sample may be rejected. Sod that has been cut for more than 24 hours shall not be used. Each load of sod shall be accompanied by a certificate from the grower stating the type of sod, and the date and time of cutting. Subsection 212.05 is revised to include the following: Sodding: (a) Soil Preparation. The area shall be cleaned with a minimum depth of four (4) inches (where topsoil does not exist) and a minimum width of one (1) foot, all irregularities in the ground surface shall be removed, and all edges clean and vertical. Sticks, stones, debris and other similar material more than inch in diameter shall be removed. Any objectionable depressions or other variances from a smooth grade shall be corrected. (b) Topsoil Placement. Topsoil shall be placed and compacted with a minimum depth of four (4) inches. The amount of compaction required shall be as directed by the Engineer. (c) Sod Placement. The minimum width for sod shall be one (1) foot. The area to be sodded shall be smooth. The sod shall be laid by staggering joints with all edges touching. On any slopes, the sod shall run approximately parallel to the slope contours. The Contractor shall water the sod once and notify the property owner in writing of the nature of the work that has taken place and that the sod will only be watered once. Sod placement/replacement required due to Contractor negligence shall follow the requirements of this section, but will not be measured and paid for under the terms of this contract. Project Specifications - Page 10 of 27 REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING Subsection 212.08 is revised to include the following: No measurement for payment shall be made for re -sodding lawn damaged by the Contractor. Re -sodding in this instance shall be considered incidental to the work being performed. No measurement for payment shall be made when the re -sodding is incidental to the work performed or is contained within any other pay item in section 02000. Project Specifications - Page I I of 27 REVISION OF SECTION 509 STEEL ABUTMENTS The steel abutments shall be manufactured and placed in accordance with Section 509 of CDOT Bridge and Road Specifications with the following addenda: DESCRIPTION 509.05 Self Weathering Tubing Not Applicable 509.06 Structural Tubing Not Applicable 509.08 High Strength Bolts Not Applicable 509.09 Pins and Rollers Not Applicable 509.10 Anchor Bolts Not Applicable 509.12 Welded Stud Shear Connectors Not Applicable 509.20 Welding Specifically section (g) Repairs, 2. Groove Welds and section (h) Stud Welding are not applicable. 509.21 Shop Assembly Specifically sections (b) Full Truss or Girder Assembly, (c) Progressive Truss or Girder Assembly, (d) Full Chord Assembly, and (e) Progressive Chord Assembly are not applicable. 509.24 Shop Cleaning and Painting of Steel Not Applicable 509.29 Field Cleaning and Painting of Steel Not Applicable METHOD OF MEASUREMENT 509.32 Steel Abutments will be measured on a per unit basis with one unit equal to the equipment, materials, and labor required for proper installation of one single steel abutment at the required size, type, location, elevation, and length specified. BASIS OF PAYMENT 509.33 The accepted quantities will be paid for at the unit price per unit of measurement for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit 509.01 Steel Abutment for a 6-Foot Bridge, Installed Each 509.02 Steel Abutment for an 8-Foot Bridge, Installed Each Project Specifications - Page 12 of 27 SECTION 552 SPECIAL — HELIX PIERS Section 552 is hereby added to the Standard Specifications: DESCRIPTION 552.01 This work pertains to furnishing and installing helix piers shown in the Contract in accordance with the Drawings and these specifications. Each helix pier shall be installed at the location and to the elevation, minimum length, and installation torque indicative of the design allowable capacities shown on the Plans or as established. These specifications are to be used in conjunction with Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. MATERIALS 552.02 Guarantees and Insurance Helix pier manufacturer shall famish a guarantee for a period of ten (10) years from date of delivery against defects due to manufacturing of helical anchors, helix piers, and pier caps. Helix pier manufacturer must carry product liability insurance. Refer to General Conditions for additional insurance requirements. 552.03 Pre -qualification Requirements Due to the special requirements for design and manufacture of helix piers, and the requirements for proper performance of the structural system, as a whole, helix piers shall be obtained from an organization specializing in the design and manufacture of helix piers. The following manufacturers' products are pre -qualified for use on this project: Earth Contact Products Magnum Piering Dixie Electrical Manufacturing PierTech/Almita AB Chance Precision Pier USA A request for using any other manufactured helix pier products desired for use on this project must be submitted to the Project Manager and Foundation Engineer for review not less that seven (7) calendar days prior to the bid date. The request must include: 1. A catalog or recent brochure describing the manufacturer. 2. Evidence showing manufacturer has at least five (5) years experience in this area of work. 3. Current ICCESlBOCAJICBO product acceptance report or complete description of product testing and manufacturing quality assurance programs used to assess and maintain product quality. Prior to bidding by any installer using a manufactured helix pier system that is not pre -qualified, written approval to bid must be received from the Project Manager upon consultation with the Foundation Engineer. Project Manager shall grant approval based on compliance with specific criteria herein. The Project Manager's decision is final. 552.04 Minimum Material Requirements Helix piers shall be round shaft with a section modulus equal to or greater than that of the shaft section specified on the plans. Helix piers shall have the required number of helical blades so as to provide for adequate load carrying capacity. The strength of the helical blades, shaft connections, pier caps, and the shaft itself shall be sufficient to support the design allowable loads specified on the Plans. Full-scale mechanical strength testing, standard construction codes, and either allowable stress design or load factor resistance design should be used to determine the allowable mechanical strength of the helical anchor's and helix pier's manufactured components. Helical anchors, helix piers, and pier caps shall be protected from corrosion by hot -dip galvanizing per ASTM Al53. Project Specifications - Page 13 of 27 SECTION 552 SPECIAL — HELIX PIERS The helix pier shaft connections shall be in -line, straight and rigid and shall have a maximum tolerable slack of 1/16-inch or as acceptable to Foundation Engineer. Bolts used to join helix pier sections at the shaft connections shall be zinc coated or galvanized and shall be the grade and size specified by the helix pier manufacturer. All helix pier bolts shall be securely snug tightened. Helix piers shall be fitted with a manufactured pier cap rated for the working loads shown on the Plans. MATERIAL SELECTION 552.05 Design and Application A list of all helical anchor, helix pier, and pier cap materials to be used on this project shall be submitted with the bid package. The list shall clearly state the allowable mechanical capacity of all materials. The list shall be certified by the manufacturer's engineer. These specifications and the Plans provide minimum requirements to aid the contractor in making appropriate materials selections. The size and number of helical blades must be such that the helix piers achieve the appropriate torque and capacity in the soils at this site within the minimum and maximum length requirements. Failure to achieve proper torque and capacity shall result in contractor replacing helix piers as appropriate to support the required loads. All installation procedures, materials, and replacements shall be acceptable to Foundation Engineer. CONSTRUCTION REQUIREMENTS 552.06 Warranty and Insurance Helix pier installation contractor shall furnish a warranty for a period of ten (10) years from date of installation against defects due to workmanship on installation of helical anchor, helix pier, and pier caps. Helix pier installer must carry general liability insurance. Refer to General Conditions for additional insurance requirements. 552.07 Pre -qualification Requirements Due to the special requirements for installation of helix piers, and the requirements for proper performance of the structural system as a whole, helical anchors, helix piers, and pier caps shall be installed by an organization specializing in the installation of helix piers. The following installation contractors are pre -qualified for work on this project: Custom Environments — Fort Collins, CO HighCraft Construction — Fort Collins, CO Sherrick Construction — Broomfield, CO SCD Corp — Parker, CO Rocky Mountain Steel Piering, Inc. — Denver, CO Park Range Construction, Inc. — Denver, CO D&B Engineering Contractors — Denver, CO Ludwig Caisson Drilling— Castle Rock, CO Dwyer Concrete Lifting, Inc. — Cincinnati, OH Pier Tech, Inc. — New York, NY Any other contractor desiring to bid as the helix pier installer for this project shall submit a request to the Project Manager and Foundation Engineer for review not less than seven (7) calendar days prior to the bid date. The request must include: 1. A recent company brochure indicating experience in this type of work. 2. Evidence of having installed helix piers on at feast ten (10) projects, including project name, location, and client contact information. 3. Detailed description of materials proposed for use on this project. Project Specifications - Page 14 of 27 SECTION 552 SPECIAL — HELIX PIERS Prior to bidding by any installer that is not pre -qualified, written approval to bid must be received from the Project Manager upon consultation with the Foundation Engineer. Project Manager shall grant approval based on compliance with specific criteria herein. The Project Manager's decision is final. 552.08 Installation Equipment Each helix pier shall be advanced into the ground by application of rotational force using a hydraulic torque converter. Installation equipment shall include a direct means of determining the installation torque being applied to the helix pier. Acceptable methods of installation torque monitoring include hydraulic pressure drop, calibrated shear pins, electronic load cell, or other means acceptable to the Foundation Engineer. Current evidence of calibration of Contractor's torque monitoring equipment shall be provided upon request of Foundation Engineer. 552.09 Equipment and Material Acceptance All helix pier installation equipment and materials shall be acceptable to the Foundation Engineer prior to delivery to the site. Acceptance will be based upon submission of records and data, as discussed in Sections 552.02 through 552.08. Once accepted, changes in installation equipment and materials will not be permitted without additional acceptance, and will be considered only after Contractor has submitted any and all information requested by Foundation Engineer. 552.10 Installing Helix piers Loads shown on the Plans are design allowable loads. A minimum factor of safety of 2.0 shall be used to determine the required ultimate tensile capacity of the helical anchors and compressive capacity of helix piers with regard to their interaction with soil and bedrock. Helix pier capacity in soil and on bedrock depends on the geometric configuration of the helical blades about the lead section and the subsurface conditions. The torque applied during installation provides an indirect verification of axial capacity. Manufacturer's recommendations should be followed regarding the torque and the tensile/bearing capacity relationship for the particular helical anchor and helix piers selected. The number and size of blades shal I be determined by the Contractor so as to achieve the required torque and tensile/bearing capacity for the soil conditions at the site. However, the ratio of design allowable capacity to the total area of the helical blades shall not exceed the allowable subsurface material bearing capacities, which are 10,000 psf for helix piers in the overburden soils and 50,000 psf for helix piers on bedrock. It is anticipated that (1) 10" diameter helical blade will be able to achieve a working capacity of 15 kips for the helix piers on bedrock. Larger diameter and more helical blades may be necessary to achieve proper torque and capacity within a reasonable installation length. Constant normal pressure shall be applied while screwing helix piers into the ground. The pressure applied shall be sufficient to ensure that, during each revolution, the helix pier progress into the ground a distance equal to at least 80% of the blade pitch. Rate of helix pier rotation shall not exceed 30 revolutions per minute. Helix piers shall be installed as close to the specified installation angle and position as possible. Tolerance for departure of pier from plumbness and position shall be as provided on the Plans. All helix pier components including the shaft and pier cap shall be isolated from making a direct electrical contact with any concrete reinforcing bars or other non -galvanized metal objects since these contacts may alter corrosion rates. Isolation can be accomplished using Teflon bushings or Rubberized coatings. 552.11 Field Modifications Field welding, if required, shall be in accordance with the "Code for Welding in Building Construction" of the American Welding Society. Welding of galvanized steel can produce toxic gases and should be done in adequate ventilation and with appropriate gas detection, breathing gear, and other safety equipment per OSHA regulations. Modification of manufactured helix pier shaft, helical blades, pier caps, and shaft connections is prohibited and shall not be performed without approval of product manufacturing company and acceptance by Foundation Engineer. Project Specifications - Page 15 of27 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 S 7nJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by 12/03 Section 00100 Page 6 SECTION 552 SPECIAL — HELIX PIERS 552.12 Quality Assurance Observation Installation of helix piers shall be observed by Foundation Engineer or Foundation Engineer's representative/agent to verify the lengths and final installation torques. Contractor shall notify Foundation Engineer or Foundation Engineer's representative/agent at least 24 hours prior to installation work. METHOD OF MEASUREMENT 552.13 Helix piers will be measured on a per unit basis with one unit equal to the equipment, materials, including pier caps, and labor required for proper installation of one single helix pier at the required final installation torque, capacity, location, elevation, and minimum length specified. BASIS OF PAYMENT 552.16 The accepted quantities will be paid for at the unit price per unit of measurement for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit 552.01 Helix Pier, Installed Each Compensation will not be made for any additional length required to achieve the final installation torque and capacity that is beyond the specified minimum length. It is the Contractor's responsibility to select, furnish, and install the helix piers with the appropriate number and size of helical blades so as to achieve the capacity and torque required and to anticipate the required length of the helix piers, and include these costs in the bid price per unit. Project Specifications - Page 16 of 27 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Subsection 630.15 shall be revised as follows: This work shall consist of famishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), and the City of Fort Collins"'Work Area Traffic Control Handbook", June 1989 with Revisions dated Summer of 2003. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Payment shall be made for the maximum number of each type of traffic control device being used at one given time per day. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). Subsection 630.16 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 630.20 shall be revised as follows: Traffic control through the construction areas is the responsibility of the Contractor. For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be on City supplied forms. The Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure plans shall be submitted no later than Friday morning by 8:00 a.m. for projects starting the following week. All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The cost for preparing and submitting the traffic control plan, including review fees, shall be included in the Contract Unit Price for Traffic Control Supervisor. Project Specifications - Page 17 of 27 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to be made. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Parking Restriction Plans shall be submitted and approved which show the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared on City supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. Subsection 630.21 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS utilized on this project.) One TCS shalt be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. The Head TCS shall be on site at all times during the construction. Time spent on site may be modified by the City Representative, as needed, based on the size and complexity of the project, location of work, duration of the project, traffic factors, weather, and roadway characteristics. The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour pay unit for TCS. Project Specifications - Page 19 of 27 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement. The Head TCS will be paid for under the TCS item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. Typed hand delivered notification to all businesses and residents at least 24 hours prior to construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the City's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. (Note: The time frame criteria for distributing letters are the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters shall be included in the cost for TCS. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control Supervisor. The TCS's will be paid only for days t�e Contractor works, and as directed by the Engineer. On weekends and other days the Contractor is not working, the TCS will not be paid. Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in the unit prices for the equipment. Time spent setting up equipment, modifying equipment, and maintaining equipment and picking up equipment shall be included in the unit prices for the equipment. Project Specifications - Page 19 of 27 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 630.23 shall be revised as follows: Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below: Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet "NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for Size A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the Engineer. The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" signs must remain in place until the street is open to traffic. Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing devices will be measured by the unit. Barricade warning lights shall be measured and paid for separately if approved by the Engineer. Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit. The number of Traffic Control Supervisors shall be approved by the Engineer prior to each days work. The quantity to be measured for Traffic Control Supervisor will be the number of authorized days performed by the Traffic Control Supervisor or his approved representative. An authorized day shall be any day, or portion of a day, authorized by the Engineer, that construction operation would require a Traffic Control Supervisor. "On Call" and project inspections on all other days will not be measured and paid for separately but shall be included in the work. The cast for setting up equipment, modifying equipment, and maintaining equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor per day. If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit Price for "Traffic Control Supervisor" at the per hour rate. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. Flagger breaks shall be included in the Contract Unit Price for Flagging. The method for covering flagger breaks shall be approved by the Engineer. Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized in writing by the Engineer. Flagger stand-by time will not be paid for under the terms of this contract Project Specifications - Page 20 of 27 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the traffic control shall not be paid for under the terms of this contract. The costs for advance warning "NO PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those instances when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract unless authorized by the Engineer in writing. In addition, the Owner shall deduct from compensation due the Contractor $10.00 for each traffic control device per day for said conditions, including "NO PARKING" signs and any signs which are not removed from the site immediately upon completion of the work. Subsection 630.24 shall be revised as follows: The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the Contract Unit Price for TCS as described above. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below Pay Item Unit 630.01 "NO PARKING" Sign with Stand Per Day Per Each 630.02 Vertical Panel Without Light Per Day Per Each 630.03 Channelizing Barrels Per Day Per Each 630.04 Type I Barricade Without Light Per Day Per Each 630.05 Type II Barricade Without Light Per Day Per Each 630.06 Type III Barricade Without Light Per Day Per Each 630.07 Size A Sign With Stand Per Day Per Each 630.08 Size B Sign With Stand Per Day Per Each 630.09 Size A Specialty Sign Cost of Manufacturing Each 630.10 Size B Specialty Sign Cost of Manufacturing Each 630.11 Cone With Reflective Strip Per Day Per Each 630.12 Safety Fence Per Day Per Roll Project Specifications - Page 21 of 27 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES 630.13 Light - Steady Burn 630.14 Light - Flashing 630.15 Advance Warning Flashing or Sequencing Arrow Panel 630.16 Traffic Control Supervisor 630.17 Traffic Control Supervisor 630.18 Flagging Per Day Per Each Per Day Per Each Per Unit Per Day Per Day Per Hour Per Each Per Hour The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once manufactured, they may be used throughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor. Flagger hand signs will not be measured and paid for separately, but shall be included in the work. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Sand bags will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, payment will be made for the typical panel size. The City shall not be responsible for any losses or damage due to theft or vandalism. Project Specifications - Page 22 of 27 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED ABOVE, WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. Project Specifications - Page 23 of 27 SECTION 628 PEDESTRIAN BRIDGE Section 628 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 628.01 This work consists of the design, fabrication, and erection of a simple span, welded self weathering steel, truss pedestrian bridge with a timber deck in accordance with the specifications and plan details. Potential bridge suppliers are: 1. Continental Bridge 8301 State Highway 29 N Alexandria, Minnesota 56308 1-800-328-2047,FAX 320-852-7067 2. Steadfast Bridges 4021 Gault Ave. South Fort Payne, Alabama 35967 1-800-749-7515,FAX 256-845-9750 3. Excel Bridge Manufacturing Company 12001 Shoemaker Avenue Santa Fe Springs, California 90670 562-944-0701, FAX 562-944-4025 4. Big R Manufacturing LLC P.O. Box 1290 Greeley, Colorado 80632-1290 1-800-234-0734,FAX 1-970-356-9621 5. Wheeler Lumber, LLC 9330 James Avenue South Bloomington, Minnesota 55431-2317 1-800-328-3986,FAX 952-929-2909 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 and the Staff Bridge Branch Fabrication Inspection Unit with certified copies of all CVN test reports. 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. Project Specifications - Page 24 of 27 SECTION 628 PEDESTRIAN BRIDGE All anchor bolts and nuts shall conform to the requirements of ASTM A 307, Grade A, Carbon Steel Bolts and Studs, and shall be galvanized in accordance with the requirements of ASTM A 153. Each anchor bolt shall be provided with two nuts for -jamming. All structural steel field connections shall be bolted with high strength bolts. High strength bolts, including suitable nuts and plain hardened washers, shall conform to the requirements of ASTM A 325. Bolts shall be Type 3. 628.03 Timber Deck. All timber shall be new (unused) material and conform to either of the following: (1) Southern Pine, No. I or better quality, Graded in accordance with Southern Pine Inspection Bureau (SPIB) rules. (2) Douglas Fir -Larch, No. 1 or better quality, Graded in accordance with West Coast Lumber Inspection Bureau (WCLIB) rules. All lumber shall be manufactured and inspected in accordance with the latest edition of Product Standard 20-70 as published by the Department of Commerce, and shall be grade marked or have an accompanying certificate from a certified grading agency. The grading agency shall be certified by the Board of Review of the American Lumber Standards Committee. All timber shall be pressure treated, conforming to the requirements of the American Wood Preserver's Association (AWPA) Standards, Section Cl and C2 (Soil Contact). Either Ammoniacal Copper Arsenate (ACA) or Chromated Copper Arsenate (CCA) preservatives conforming to the requirements of Section P5 (Standards For Waterbome Preservatives) of the AWPA Standards shall be utilized and treatment shall be to a total absorption of 0.40 pounds per cubic foot of timber. A certified treatment report shall be provided to the Engineer and the Staff Bridge Branch Fabrication Inspection Unit. CONSTRUCTION REQUIREMENTS 628.04 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, or Pony 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, or Pony 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. Each pedestrian bridge shall be designed for the following loads and loading conditions: 1. Dead load shall be as defined in Section 3.3 of the AASHTO Standard Specifications. 2. Live load shall be as defined in the AASHTO Guide Specifications. Distribution to the stringer and floor beams shall be in accordance with Section 3 of the AASHTO Standard Specifications. Deflection and vibration limits as per the AASHTO Guide Specifications shall apply. Project Specifications - Page 25 of 27 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. 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 12/03 Section 00100 Page 7 SECTION 628 PEDESTRIAN BRIDGE Pedestrian live load shall be as defined by the AASHTO Guide Specifications, and used in load group I of the AASHTO Standard Specifications, Section 3. Vehicle live load shall be as defined by the AASHTO Guide Specifications, and used in load group IB of the AASHTO Standard Specifications, Section 3. When required by the plans, the vehicle live load shall be the Colorado Legal Load Type 3 Vehicle. This is a 27 ton, three axle, vehicle with 13.5' front axle spacing and 4' rear spacing. The axle loads are 7 tons on the front axle and 10 tons on each of the rear axles. Wind load shall be as defined by the AASHTO Guide Specifications, and used in load group V of the Standard Specifications, Section 3. 4. Distribution of wheel loads on timber flooring shall be in accordance with Section 3 of the AASHTO Standard Specifications. 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. /2 inch diameter weep holes shall be drilled (flame cut holes will not be allowed) at all low points of all steel tubing members as oriented in the in -place, completed structure. In members that are level, or flat, a total of two weep holes shall be drilled, one at each end. Weep holes and their locations shall be shown on the Shop Drawings. Allowable stresses for timber decking, when required on the plans, shall be in accordance with Section 13 of the AASHTO Standard Specifications. All metallic fasteners utilized in attaching timber to structural steel shall be galvanized. 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/Dl.I (Latest Edition). Timber decking shall be placed transverse to the trusses and have a minimum nominal thickness of 3 inches. Decking shall be securely fastened to each stringer and at each end to prevent warping. The Contractor shall submit seven sets of Design Calculations and Shop Fabrication Details (Shop Drawings) to the Engineer 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. 628.05 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 (Latest Edition) 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 in Annex E of AWS D 1.1. 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-I A. 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. Project Specifications - Page 26 of 27 SECTION 628 PEDESTRIAN BRIDGE 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 on 100% of all attachment welds to the bottom chord, using Alternating Current, in accordance with Section 6.10 and Table 6.1. 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. 628.06 Field Construction. The substructure shall be constructed in accordance with the details shown in the plans and the pedestrian bridge shop drawings. Before construction begins on the substructure, the Contractor shall determine the anchor bolt requirements and substructure dimensions needed to properly erect the structure which will be provided. The Engineer shall be provided with two copies of detail sheets delineating these requirements before work begins. METHOD OF MEASUREMENT 628.07 Pedestrian bridge will be measured by the complete Bridge Girder and Deck Unit installed and accepted. BASIS OF PAYMENT 628.08 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 628.01 Pedestrian Bridge — 45'x6' Laporte (East) Each 628.02 Pedestrian Bridge— 30'x6' Laporte (West) Each 628.03 Pedestrian Bridge-40'x8' Mulberry Each Payment shall be full compensation for all work necessary to complete the item, which shall include design, fabrication, transportation to the bridge site, and erection. The substructure shall be measured and paid for separately, anchor bolts shall be included in Item 628. Payment will not be made for this item until all required reports, certifications, and forms have been submitted to the Engineer. Project Specifications - Page 27 of 27 City of Fort Collins N Pedestrian Bridge - West Mulberry Street and Larimer County Canal No. 2 C mul Port Etiliirs City of Fort Collins N Pedestrian Bridges - Laporte Avenue and New Mercer Canal (liv ci For2 <}uirs Proposed Bridge Laporte Avenue Proposed Bridge 0 Grandview Cemetery 1 inch equals 200 feet 0 110 220 440 Feet GEOTECHNICAL INVESTIGATION PEDESTRIAN BRIDGE WEST MULBERRY STREET AND LARIMER COUNTY CANAL NO. 2 FORT COLLINS, COLORADO Prepared For: CITY OF FORT COLLINS ENGINEERING DEPARTMENT 281 North College Avenue P.O. Box 580 Fort Collins, Colorado 80522-0508 Attention: Ms. Erika Keeton, P.E. Job No. FC-3009 February 25, 2004 375 E. Horsetooth Road ( The Shores Office Park I Building 3, Suite 100 1 Ft. Collins, Colorado 80525 Telephone! 970-206-9455 Fax: 970-206-9441 TABLE OF CONTENTS SCOPE 1 SUMMARY OF CONCLUSIONS 1 SITE CONDITIONS 1 PROPOSED CONSTRUCTION 2 SUBSURFACE CONDITIONS 2 EXCAVATION 3 FOUNDATIONS 3 Footings 4 Helical Piers 4 LATERAL LOADS ON WALLS 5 BACKFILL 6 CONCRETE 7 LIMITATIONS 7 FIGURE 1 - LOCATION OF EXPLORATORY BORING FIGURE 2 - SUMMARY LOG OF EXPLORATORY BORING FIGURE 3 - SWELL CONSOLIDATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS CITY OF FORT COLLINS ENGINEERING DEPARTMENT WEST MULBERRY STREET PEDESTRIAN BRIDGE CTL IT JOB NO. FC-3009 SCOPE This report presents the results of our Geotechnical Investigation for the proposed pedestrian bridge across the Larimer County Canal No. 2, along the south side of West Mulberry Street and west of Bryan Avenue in Fort Collins, Colorado. This report includes descriptions of the subsoils found in our exploratory boring, recommended foundation design criteria for the bridge and our opinions regarding the influence of the subsoils on the design and construction of the bridge. Our report was prepared from data developed during our field and laboratory investigations, engineering analysis and our experience with similar projects. A summary of our findings and conclusions is presented below. Recommendations and criteria for design and construction are presented in the report. SUMMARY OF CONCLUSIONS 1. Subsurface conditions encountered in our boring consisted of 8 feet of clayey sand over weathered and comparatively unweathered claystone bedrock. Ground water was not encountered during drilling. When the hole was checked several days after drilling, ground water was measured at a depth of 7 feet. We do not believe existing ground water levels will affect the proposed construction. However, ground water may rise significantly after the canal resumes operation and may impact the construction. 2. The bridge abutments can be supported with footings founded on the natural sands, or by helical piers. Discussion of foundation selection and design and construction criteria for the foundation alternatives are presented in the report. 3. Backfiil around the bridge structures should be densely compacted as outlined in the report. SITE CONDITIONS The proposed bridge site is located southwest of the intersection of East Mulberry Street and South Bryan Avenue, where East Mulberry Street crosses the Larimer County Canal No. 2. The pedestrian bridge is planned about 10 feet south CITY OF FORT COLLINS 1 ENGINEERING DEPARTMENT WEST MULBERRY STREET PEDESTRIAN BRIDGE CTL I T JOB NO. FC-3009 of East Mulberry Street. The site is between two residential lots and in the area of several underground utilities. The areas of the abutments are irrigated grass. The canal is about 6 feet deep in this location and is unlined. The sides of the canal were sloped about 2:1 (horizontal:vertical). The canal contained about 3 inches of water at the time of our investigation. PROPOSED CONSTRUCTION The pedestrian bridge is planned to be a pre -manufactured steel bridge approximately 44 feet long, with a width of 8 feet. The bridge will be supported by concrete abutments planned about 2 to 3 feet back from the crests of the sides of the ditch. We were provided a standard bridge abutment detail with a 5 foot wide footing. We understand foundations for the bridge abutments will be designed based on information provided in this report. SUBSURFACE CONDITIONS Subsurface conditions at the site were investigated by drilling one exploratory boring at the approximate location shown on Figure 1. The boring location was chosen in consideration of the many underground utilities in the area. The boring was advanced using a truck -mounted drill rig and 4-inch diameter, continuous -flight auger. Drilling operations were observed by our field representative who logged the soil and bedrock encountered and obtained samples. The samples were returned to our laboratory where they were visually classified and typical samples were selected for testing. A summary log of the soils and bedrock encountered in the boring and results of field penetration resistance tests are presented on Figure 2. Subsurface conditions encountered in our boring consisted of 8 feet of clayey sand over weathered and comparatively unweathered claystone bedrock. Ground water was not encountered during drilling. When the hole was checked several days after drilling, ground water was measured at a depth of 7 feet. We do not believe existing ground water levels will affect the proposed construction. CITY OF FORT COLLINS 2 ENGINEERING DEPARTMENT WEST MULBERRY STREET PEDESTRIAN BRIDGE CTL I T JOB NO. FC-3009 0 However, ground water may rise significantly after the canal resumes operation and may impact the construction. Field penetration tests indicated the clayey sand was loose to medium dense. The bedrock was very hard hard. One sample of sand was tested for Atterberg limits and particle size. The results indicated the sample contained 40 percent low plasticity clay and silt fines (passing the No. 200 Sieve). The sand is considered non -expansive. One sample of the weathered claystone bedrock was tested for swell and indicated low swell (0.4 percent) after wetting under a 1,000- psf load. Laboratory test results are presented on Figure 3 and are summarized in Table I. EXCAVATION Our boring indicated the excavated soils will consist of clayey, silty sand and possibly clay (weathered claystone). We anticipate the soils can be excavated with conventional excavation equipment. Excavations should be sloped or braced to maintain stable excavation slopes and meet applicable local, state and federal safety regulations. We believe the soils encountered in our boring will classify as Type C soils according to the Occupational Safety and Health Administration (OSHA) standards governing excavations published by the Department of Labor. OSHA recommends a maximum slope inclination of 1.5:1 (horizontai:vertical) for Type C soils. These preliminary soil classifications are based on materials encountered in our exploratory boring. The contractor's "competent person" should evaluate the soils exposed in excavations as part of the contractor's safety procedures. We recommend all vehicles, equipment and excavated soils be kept at a minimum horizontal distance from the top of the excavation equal to at least one-half the depth of the excavation. The exposed slope face should be protected from the elements. CITY OF FORT COLLINS 3 ENGINEERING DEPARTMENT WEST MULBERRY STREET PEDESTRIAN BRIDGE CTL I T JOB NO. FC-0009 FOUNDATIONS We considered three types of foundations for the pedestrian bridge: footings, drilled piers and helical piers. We do not believe the drilled pier foundations are a practical alternative because casing and dewatering will likely be required for proper installation, and site constraints may restrict drill access. We were provided a standard detail for this type of bridge that includes a footing type foundation. We believe a footing foundation is suitable to support the bridge. Helical pier foundations can also be considered. The use of helical pier foundations may result in less excavation for installation of the abutments and less disturbance of the ground surface. We recommend the following foundation design and construction criteria for two recommended foundation alternatives: Footings 1. Footings should be founded on undisturbed soils or well -compacted fill. Where soils are loosened during the excavation or in the forming process for the footings, they should be removed and replaced with on - site soils compacted to at least 95 percent of maximum standard Proctor dry density (ASTM D 698) moistened to within 2 percent of optimum moisture content. 2. Footings should be designed for a maximum allowable soil pressure of 1,500 psf. 3. We recommend a minimum footing width of 20 inches. 4. The soils under foundations should be protected from the effects of scour. 5. Exterior footings should be protected from frost action. Normally, 3 feet of frost cover is assumed in the area. 6. The completed foundation excavations should be observed by our representative prior to placing concrete to verify subsurface conditions are as anticipated from our boring. Placement and compaction of backfiil should be observed and tested. CITY OF FORT COLLINS 4 ENGINEERING DEPARTMENT WEST MULBERRY STREET PEDESTRIAN BRIDGE CTL i T JOB NO. FC-3009 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 at 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 I... i`v'e Or sham Btu. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 12/03 Section 00100 Page 8 Helical Piers 1. Helical piers should be bottomed in bedrock. We recommend helical piers have a minimum pier length of 12 feet. 2. The structural engineer should select the appropriate helical pier for the application. Helical pier capacity should be established based upon manufacturer's recommendations for installation torque. We recommended calculation of the installation torque using a factor of safety of at least 2 when converting ultimate values to pier capacity. We also recommend the structural engineer evaluate the effect of twisting of the shaft has on the capacity of the helical pier. 3. We recommend contacting the manufacturer or the manufacturer's representative concerning corrosion protection of the steel. Manufacturer's recommendations should be followed to protect from corrosion of the steel. 4. The connection between the pier and concrete abutment should be designed by a structural engineer. 5. Installation of helical piers should be observed by a representative of our firm to confirm installation torque of the helical piers. LATERAL LOADS ON WALLS The abutments may be partially buried, or may be subject to lateral loading from the bridge. Lateral earth pressure is dependent on the height of the wall and the type and configuration of the backfill. For walls that are restrained from rotation, we recommend the walls be designed to resist the "at -rest" earth pressure. For backfill similar to the on -site soils, we recommend an equivalent fluid density of 55 pcf plus hydrostatic pressure and surcharge for design calculations. A coefficient of friction of 0.35 may be used to calculate sliding resistance between foundation concrete and soil. We recommend a "passive" earth pressure equivalent fluid density of 250 pcf if native soils are used for backfill, provided the soils providing the resistance are densely compacted and will not be removed or eroded during the lifetime of the structure. A moist unit weight of 125 pcf can be used for fill or soil. CITY OF FORT COLLINS 5 ENGINEERING DEPARTMENT WEST MULBERRY STREET PEDESTRIAN BRIDGE CTL I T JOB NO. FC-3009 U For walls which are free to rotate to develop the shear strength of the backfili, with the resultant settlement and cracking of the ground surface behind the wall, we recommend an "active" equivalent fluid density of 40 for on -site clay fill, plus hydrostatic pressure and surcharge for design calculations. The pressures given above are associated with existing soil conditions and do not Include allowances for surcharge loads such as sloping backfili, vehicle traffic, or excessive hydrostatic pressure. If walls will be exposed on one side, they should be provided with drainage to prevent the accumulation of hydrostatic pressure on the walls. The hydrostatic pressure can be reduced by providing a drain or weep holes through the abutments. A gravel drain at least 12 inches in width or a manufactured drain board can be used. The drain should extend at least two-thirds the height of the abutment and be provided with weep holes through the walls. The back of the weep holes should be screened to provide protection from clogging. BACKFILL Wall backfili and backfili should be placed in 8-inch maximum loose lifts, moistened to within 2 percent of optimum moisture content and compacted to at least 95 percent of maximum standard Proctor dry density (ASTM D 698) The placement of fill should be observed and tested by a representative of our firm during construction. Our experience indicates backfill, even if properly compacted, will settle. The magnitude of settlement is dependant upon material type, degree of compaction, traffic and time. Our experience indicates settlement of the backfili for the subsoil condition encountered in this site can range from 0.5 to about 1 percent of total backfili height. The settlement can cause movement and/or distress of pavements and other improvements supported by the backfll. Use of "flow fill" (lean concrete) as backfili may be considered to reduce settlement. A representative of our firm should be on site to observe placement and test compaction of fill. CITY OF FORT COLLINS 6 ENGINEERING DEPARTMENT WEST MULBERRY STREET PEDESTRIAN BRIDGE CTL I T JOB NO. FC•3009 We recommend the backfill be designed to reduce surface water infiltration. The ground surface should be sloped away from the abutments. For the paved approaches, the pavement should be sloped to drain water and prevent ponding on the pavement. In other areas, water infiltration into the backfill can be reduced by using well -compacted clayey soil for the upper 2 feet of backfill. CONCRETE Concrete in contact with soils can be subject to sulfate attack. One sample of soil was tested for water-soluble sulfate content and indicated 0.008 percent water-soluble sulfates. Sulfate concentrations less than 0.1 percent indicate Class 0 exposure to sulfate attack for concrete that comes into contact with the subsoils, according to the American Concrete Institute (ACI). For this level of sulfate concentration, ACI indicates any type of cement can be used. In our experience, superficial damage may occur to the exposed surfaces of highly permeable concrete, even though sulfate levels are relatively low. To control this risk and to resist freeze -thaw deterioration, the water-to-cementitious material ratio should not exceed 0.50 for concrete in contact with soils that are likely to stay moist due to surface drainage or high water tables. Concrete should be air entrained. LIMITATIONS Our boring was located to obtain a general indication of subsurface conditions. The boring is representative of subsoil conditions at the boring location only. Variations in the subsurface soils not indicated by our boring are always possible. Our representative should observe foundation excavations to confirm that subsurface conditions are as anticipated from our boring, CITY OF FORT COLLINS 7 ENGINEERING DEPARTMENT WEST MULBERRY STREET PEDESTRIAN BRIDGE CTL I T JOB NO. FC-3009 U We believe this investigation was conducted with that level of skill and care normally used by geotechnical engineers practicing in this area at this time. No warranty, express or implied, is made. If we can be of further service in discussing the contents of this report or in the analysis of the influence of the subsoil conditions on design of the structures, please call. CTL I THOMPSON, INC. by Adam D. Tschida, P.E. Thomas A. Project Engineer Associate ADT:TACIadt/bly (5 copies sent) CITY OF FORT COLLINS 8 ENGINEERING DEPARTMENT WEST MULBERRY STREET PEDESTRIAN BRIDGE CTL I T JOB NO. FC-3009 SCALE: I' = 10' CITY OF FORT COLLINS PFOESTRtAN BRIDGE - WEST MULBERR`! STREET JOB 140. FG3009 VICINITY MAP #.R1cglWif IM ..W.E LEGEND: TH-1 INDICATES LOCATION OF EXPLORATORY BORING Location of Exploratory Boring FIGURE i TH-1 EI, 5046 5050 5045 10/12 6/12 WC=16.5 DD=107 5040 LL=22 PI-6 -200=40 TiSW=0.4 42112 WC=12.5 DD=123 5035 z O C w -5025 5020 5015 5010 5005 CITY OF r T COLLINS ValEST: MULBERRY STREET POOESTRIAN BRIDGE JOB NO i1-30C9 0 LEGEND: 5050 ....._, SAND.. CLAYEY, LOOSE TO MEDIUM DENSE, MOIST TO VERY MOIST, BROWN (SC). 5045 — WEATHERED CLAYSTONE, VERY STIFF, ® OLIVE, GRAY (CL) VERY HARD, MOIST, GRAY, ®CLAYSTONE, BROWN. 5040 -- jj� DRIVE SAMPLE. THE SYMBOL 10112 INDICATES N10 BLOWS OF A 140—POUND HAMMER FALLING 30 INCHES WERE REQUIRED TO DRIVE A 2.5—INCH O.D. SAMPLER 12 INCHES. 5035 WATER LEVEL MEASURED SEVERAL DAYS AFTER DRILLING, NOTES: 5030 -- F 1. THE BORING WAS DRILLED ON JANUARY LU w 22, 2004 USING 4—INCH DIAMETER r`, CONTINUOUS —FLIGHT AUGER AND A — z O TRUCK -MOUNTED DRILL RIG, 2 THE BORING ELEVATION IS APPROXIMATE w AND WAS SURVEYED BY A 5025 `L REPRESENTATIVE OF OUR FIRM REFERENCING A PIN IN THE SIDEWALK WEST OF THE TREFFIC BRIDGE (EL. 5045.6). 3. WC — INDICATES MOISTURE CONTENT !°/) DO — INDICATES DRY DENSITY (PCF). 5020 SW — INDICATES SWELL WHEN WETTED UNDER 1 KSF I%) LL — INDICATES LIQUID LIMIT PI — INDICATES PLASTICITY INDEX (%}. -200— INDICATES PASSING NO. 200 SIEVE (%). 4. THIS LOG IS SUBJECT TO THE — EXPLANATIONS, LIMITATIONS AND 5015 __._._ CONCLUSIONS AS IN THIS REPORT. 5010 _.I I Summary Log of 5005 Exploratory Boring FIG.2 4 3 2 i -1 -a -3 Z 0 W Z 4t Q IL x W 0 z 0 co v� o w m a 2 0 c> -B 0A 1.0 10 i00 APPLIED PRESSURE - KSF Semple of WEATHERED CLAYSTONE NATURAL DRY UNIT WEIGHT= 123 PCF From TN-1 AT 9 FEET NATURAL MOISTURE CONTENT- 12.6 % Swell Consolidation JOB NO. FC-3009 Test Results FIG. 3 TABLE SUMMARY OF LABORATORY RESULTS JOB NO. FC-3009 PAGE 1 OF 1 GEOTECHNICAL INVESTIGATION PEDESTRIAN BRIDGES WEST LAPORTE AVENUE AND NEW MERCER CANAL FORT COLLINS, COLORADO Prepared For: CITY OF FORT COLLINS ENGINEERING DEPARTMENT 281 North College Avenue P.O. Box 580 Fort Collins, Colorado 80522-0508 Attention: Ms. Erika Keeton, P.E. Job No. FC-3011 February 25, 2004 375 E. Horsetooth Road I The Shores Office Park `Building 3, Suite 100 1 Ft, Collins, Colorado 80525 Telephone-. 970-206-9455 Fax: 970-206-9441 0 TABLE OF CONTENTS SCOPE 1 SUMMARY OF CONCLUSIONS 1 SITE CONDITIONS 1 PROPOSED CONSTRUCTION 2 SUBSURFACE CONDITIONS 2 EXCAVATION 3 FOUNDATIONS 4 Footings 4 Helical Piers 5 LATERAL LOADS ON WALLS 5 BACKFILL 6 CONCRETE 7 LIMITATIONS 8 FIGURE 1 - LOCATIONS OF EXPLORATORY BORINGS; FIGURE 2 - SUMMARY LOGS OF EXPLORATORY BORINGS FIGURE 3 - GRADATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS CITY OF FORT COLLINS ENGINEERING DEPARTMENT LA PORTE AVENUE PEDESTRIAN BRIDGES CTL I T JOB NO. FC-3011 SECTION 00300 BID FORM 0 SCOPE This report presents the results of our Geotechnical Investigation for the two proposed pedestrian bridges across the New Mercer Canal, along the south side of West LaPorte Avenue in Fort Collins, Colorado. This report includes descriptions of the subsoils found in our exploratory borings, recommended foundation design criteria for the bridges and our opinions regarding the influence of the subsoils on the design and construction of the bridges. Our report was prepared from data developed during our field and laboratory investigations, engineering analysis and our experience with similar projects. A summary of our findings and conclusions is presented below. Recommendations and criteria for design and construction are presented in the report. SUMMARY OF CONCLUSIONS 1. Subsurface conditions encountered in our borings consisted of about 6 feet of clayey sand over sandy clay to depths of 13 and 16 feet, underlain by silty sand, then claystone bedrock. Ground water was encountered at depths of 15 and 19 feet during drilling. When the holes were checked several days after drilling, ground water was measured at depths of 13 and 17 feet. We do not believe existing ground water levels will affect the proposed construction. However, ground water may rise significantly after the canal resumes operation and may impact the construction. ?. The bridge abutments can be supported with footings founded on the natural sands, or by helical piers. Discussion of foundation selection and design and construction criteria for the foundation alternatives are presented in the report. 3. Backfill around the bridge structures should be densely compacted as outlined in the report. SITE CONDITIONS The proposed bridge sites are located southeast of the intersection of West LaPorte Avenue and South Taft hill Road, where West LaPorte Avenue crosses the New Mercer Canal. The pedestrian bridges are planned about 10 feet south of CITY OF FORT COLLINS 1 ENGINEERING DEPARTMENT LA PORTE AVENUE PEDESTRIAN BRIDGES CTL I T JOB NO. FC-3011 West LaPorte Avenue, and north of the Grandview Cemetery. The west bridge site is located in a landscaped area with irrigated grass within the cemetery. The west location is also landscaped with trees and irrigated grass. The canal is about 4 feet deep in this location and is unlined. The sides of the canal were sloped about 2:1 (horizontal:vertical). The canal contained a few inches of water at the time of this investigation. PROPOSED CONSTRUCTION Two pedestrian bridges are planned (Figure 1). The bridges are to be pre - manufactured steel. The east bridge will have a span of about 30 feet. The west bridge will be about 45 feet long. Each bridge will have a width of 6 feet. The bridges will be supported by concrete abutments planned about 2 to 3 feet back from the crests of the sides of the ditch. We were provided a standard bridge abutment detail with a 5 foot wide footing. We understand foundations for the bridge abutments will be designed based on information provided in this report. SUBSURFACE CONDITIONS Subsurface conditions at the site were investigated by drilling two exploratory borings at the approximate locations shown on Figure 1. The borings were advanced using a truck -mounted drill rig and 4-inch diameter, continuous - Flight auger. Drilling operations were observed by our field representative who logged the soil and bedrock encountered and obtained samples. The samples were returned to our laboratory where they were visually classified and typical samples were selected for testing. Summary logs of the soils and bedrock encountered in the borings and results of field penetration resistance tests are presented on Figure 2. Subsurface conditions encountered in our boring near the west bridge (TH- 1) consisted of 6 feet of clayey sand over sandy clay to a depth of 16 feet, underlain by silty sand. Bedrock was encountered at a depth of 24 feet in test hole TH-1. Soils encountered in our boring near the east bridge (TH-2) consisted CITY OF FORT COLLINS 2 ENGINEERING DEPARTMENT LA PORTE AVENUE PEDESTRIAN BRIDGES CTL I T JOB N.Q. FC-3011 U of 6.5 feet of clayey sand over sandy clay to a depth of 13 feet, underlain by silty sand. Weathered and comparatively unweathered ciaystone bedrock was encountered at a depth of 20 feet in test hole TH-1. Ground water was encountered at depths of 15 and 19 feet during drilling. When the holes were checked several days after drilling, ground water was measured at depths of 13 and 17 feet. We do not believe existing ground water levels will affect the proposed construction. However, ground water may rise significantly after the canal resumes operation and may impact the construction. Field penetration tests indicated the shallow, clayey sand was loose to medium dense, the clay was medium stiff to stiff, the deeper sand dense, and the bedrock stiff to hard. Two samples of clayey sand were tested for Atterberg limits and particle size. The results indicated the samples contained 30 and 34 percent low to moderate plasticity clay and silt fines (passing the No. 200 Sieve). A sample of the deeper sand was also tested for gradation and indicated 26 percent gravel (retained by the No. 4 Sieve) and 11 percent silt and clay fines (passing the No. 200 Sieve). The sand is considered non -expansive. One sample of clay was tested for unconfined compressive strength and indicated an unconfined strength of 4100 psf. The high moisture content of the clay suggests it is low swelling. Laboratory test results are presented on Figure 3 and are summarized in Table I. EXCAVATION Our borings indicated the excavated soils will consist of clayey sand and possibly sandy clay. We anticipate the soils can be excavated with conventional excavation equipment. Excavations should be sloped or braced to maintain stable excavation slopes and meet applicable local, state and federal safety regulations. We believe the sand soils encountered in our borings will classify as Type C soils and the clay will classify as Type B, according to the Occupational Safety and Health Administration (OSHA) standards governing excavations published by the Department of Labor. OSHA recommends a maximum slope inclination of CITY OF FORT COLLINS 3 ENGINEERING DEPARTMENT LA PORTE AVENUE PEDESTRIAN BRIDGES CTL I T JOB NO. FC3011 1.5:1 (horizontal: vertical) for Type C soils and maximum slope inclination of 1:1 for Type B soils. These preliminary soil classifications are based on materials encountered in our exploratory borings. The contractor's "competent person" should evaluate the soils exposed in excavations as part of the contractor's safety procedures. We recommend all vehicles, equipment and excavated soils be kept at a minimum horizontal distance from the top of the excavation equal to at least one-half the depth of the excavation. The exposed slope face should be protected from the elements. FOUNDATIONS We considered three types of foundations for the pedestrian bridges: footings, drilled piers and helical piers. We do not believe the drilled pier foundations are a practical alternative because casing and dewatering will likely be required for proper installation, and site constraints may restrict drill access. We were provided a standard detail for this type of bridge that includes a footing type foundation. We believe a footing foundation is suitable to support the bridges. Helical pier foundations can also be considered. The use of helical pier foundations may result in less excavation for installation of the abutments and less disturbance of the ground surface. We recommend the following foundation design and construction criteria for two recommended foundation alternatives: Footings 1. Footings should be founded on undisturbed soils or well -compacted fill. Where soils are loosened during the excavation or in the forming process for the footings, they should be removed and replaced with on - site soils compacted to at least 95 percent of maximum standard Proctor dry density (ASTM D 698) moistened to within 2 percent of optimum moisture content. 2. Footings should be designed for a maximum allowable soil pressure of 1,500 psf. 3. We recommend a minimum footing width of 20 inches. 4. The soils under foundations should be protected from the effects of scour. CITY OF FORT COLLINS 4 ENGINEERING DEPARTMENT LA PORTE AVENUE PEDESTRIAN BRIDGES CTL I T JOB NO. FO-3011 5. Exterior footings should be protected from frost action. Normally, 3 feet of frost cover is assumed in the area. 6. The completed foundation excavations should be observed by our representative prior to placing concrete to verify subsurface conditions are as anticipated from our borings. Placement and compaction of backfill should be observed and tested. Helical Piers 1. Helical piers should be bottomed in bedrock or sand soils. We recommend helical piers have a minimum pier length of 12 feet. 2. The structural engineer should select the appropriate helical pier for the application. Helical pier capacity should be established based upon manufacturer's recommendations for installation torque. We recommended calculation of the installation torque using a factor of safety of at least 2 when converting ultimate values to pier capacity. We also recommend the structural engineer evaluate the effect of twisting of the shaft has on the capacity of the helical pier. 3. Sand soils are present that may prevent obtaining the design torque. For this condition, piers with multiple helixes may be used, or piers can be bottomed in the bedrock. Alternatively, the design torque may be reduced and the number of helical piers can be increased with the approval of Geotechnical and Structural Engineers. 4. We recommend contacting the manufacturer or the manufacturer's representative concerning corrosion protection of the steel. Manufacturer's recommendations should be followed to protect from corrosion of the steel. 5. The connection between the pier and concrete abutment should be designed by a structural engineer. 6. Installation of helical piers should be observed by a representative of our firm to confirm installation torque of the helical piers. LATERAL LOADS ON WALLS The abutments may be partially buried, or may be subject to lateral loading from the bridge. Lateral earth pressure is dependent on the height of the wall and the type and configuration of the backfill. For walls that are restrained from rotation, we recommend the walls be designed to resist the "at -rest" earth CITY OF FORT COLLINS 5 ENGINEERING DEPARTMENT LA PORTE AVENUE PEDESTRIAN BRIDGES CTL I TJOB NO. FC-3011 pressure. For backfill similar to the on -site soils, we recommend an equivalent fluiddensity of 55 pcf plus hydrostatic pressure and surcharge for design calculations. A coefficient of friction of 0.35 may be used to calculate sliding resistance between foundation concrete and soil. We recommend a "passive" earth pressure equivalent fluid density of 250 pcf if native soils are used for backfill, provided the soils providing the resistance are densely compacted and will not be removed or eroded during the lifetime of the structure. A moist unit weight of 125 pcf can be used for fill or soil. For walls which are free to rotate to develop the shear strength of the backfill, with the resultant settlement and cracking of the ground surface behind the wall, we recommend an "active" equivalent fluid density of 40 for on -site clay fill, plus hydrostatic pressure and surcharge for design calculations. The pressures given above are associated with existing soil conditions and do not include allowances for surcharge loads such as sloping backfill, vehicle traffic, or excessive hydrostatic pressure. If walls will be exposed on one side, they should be provided with drainage to prevent the accumulation of hydrostatic pressure on the walls. The hydrostatic pressure can be reduced by providing a drain or weep holes through the abutments. A gravel drain at least 12 inches in width or a manufactured drain board can be used. The drain should extend at least two-thirds the height of the abutment and be provided with weep holes through the walls. The back of the weep holes should be screened to provide protection from clogging. BACKFILL Wall backfill and backfill should be placed in 8-inch maximum loose lifts, moistened to within 2 percent of optimum moisture content and compacted to at least 95 percent of maximum standard Proctor dry density (ASTM D 698). The placement of fill should be observed and tested by a representative of our firm during construction. CITY OF FORT COLLINS ENGINEERING DEPARTMENT - 6 LA PORTE AVENUE PEDESTRIAN BRIDGES CTL I T JOB NO. FCJ011 Our experience indicates backfill, even if properly compacted, will settle. The magnitude of settlement is dependant upon material type, degree of compaction, traffic and time. Our experience indicates settlement of the backfill for the subsoil condition encountered in this site can range from 0.5 to about 1 percent of total backfill height. The settlement can cause movement and/or distress of pavements and other improvements supported by the backfill. Use of "flow fill" (lean concrete) as backfill may be considered to reduce settlement. A representative of our firm should be on site to observe placement and test compaction of fill. We recommend the backfill be designed to reduce surface water Infiltration. The ground surface should be sloped away from the abutments. For the paved approaches, the pavement should be sloped to drain water and prevent ponding on the pavement. In other areas, water infiltration into the backfill can be reduced by using well -compacted clayey soil for the upper 2 feet of backfill. CONCRETE Concrete in contact with soils can be subject to sulfate attack. One sample of soil was tested for water-soluble sulfate content and indicated 0.002 percent water-soluble sulfates. Sulfate concentrations less than 0.1 percent indicate Class 0 exposure to sulfate attack for concrete that comes into contact with the subsoils, according to the American Concrete Institute (ACI). For this level of sulfate concentration, ACI indicates any type of cement can be used. In our experience, superficial damage may occur to the exposed surfaces of highly permeable concrete, even though sulfate levels are relatively low. To control this risk and to resist freeze -thaw deterioration, the water-to-cementitious material ratio should not exceed 0.50 for concrete in contact with soils that are likely to stay moist due to surface drainage or high water tables. Concrete should be air entrained. CITY OF FORT COLLINS ENGINEERING DEPARTMENT 7 LA PORTE AVENUE PEDESTRIAN BRIDGES CTL I T JOB NO. FC3011 LIMITATIONS Two borings were drilled to obtain a general indication of subsurface conditions. The borings are representative of subsoil conditions at the boring locations only. Variations in the subsurface soils not indicated by our borings are always possible. Our representative should observe foundation excavations to confirm that subsurface conditions are as anticipated from our borings. We believe this investigation was conducted with that level of skill and care normally used by geotechnical engineers practicing in this area at this time. No warranty, express or implied, is made. If we can be of further service in discussing the contents of this report or in the analysis of the influence of the subsoil conditions on design of the structures, please call. CTL I THOMPSON, INC. Adam D. Tschida, P.E. Thomas A. Project Engineer Associate ADT:TAC/adt/bly (5 copies sent) CITY OF FORT COLLINS ENGINEERING DEPARTMENT LA PORTE AVENUE PEDESTRIAN BRIDGES CTL I T JOB NO. FC-3011 A. i SCALE: I' = 19' LAPORTE AVENUE - �,.,. sl FROPOSkD &DFWALK �_'� i%5 1 PROPOSED WEST PEDESTRIAN BRIDGE --------------------- LAPORTE AVENUE EAST PEDESTRIAN BRIDGE CITY OF FORT COLONS LAPORTE AVENUE PEDESTRIAN BRIDGES !' JOB NO, TCJOGi VICINITY MAP IF't>k• cweaxeFq xO iGNE LEGEND: TH-1 INDICATES LOCATION OF EXPLORATORY BORING Locations of Exploratory Sorings FIGURE 1 TH-1 10 " r 12 M12 —35 TH-2 13'12 1&i12 LEGEND: SAND, CLAYEY. SILTY. LOOSE TO MEDIUM DENSE, MOIST. DARK RROWN ISC) © CLAY, SANDY, MEDIUM STIFF 70 STIFF, SLIGHTLY M(NS'f 7O VERY kr, .. RROWN irtJ _j El SAND, GRA`lELLY, MEDIUM OENSE TO DENSE, WET, BROWN (SPI 5 WEATHERED CLAYSTONE, MOST, BROWN { �CI.AYSTONE. HARD, MOIST, OLIVE BROWN AND GREY 0 �) URIVEG MPUE,THE30INCHES SYMTWERE REQUIREDI 10 DRIVE S-INCH O.D SAMPLE 12IND NAMMER FALLING JD INCHES WERE REQUIRED 1U URIVE A].S�INCH O.b. SAMPLER 121NCPIES. 7 SF WATER LEVEL MEASURED AT TIME OF DRIIJING. 15 —a "{ 2 WATER LEV.-I.. MEASURED SEVERAL DAYS AFTER DRUT IN,; 20 NOTES: 25 1, THE SORINGS WERE DRILLED „'ANUARY 19. 2D USING FINCH DIAMETER CONTINUUi1S 3 FLIGHT AUGER AND ATRUCK MOUNTED DRILL RIG, 2. IESUBJECT TO THE EXPIANAi'KdS. LIM7'A ilUNS AND CONCLUSIONS CONTAINED TH'TH15 REPORT. 30 35 __. 40 SUMMARY LOGS OFEXPLORATORY13ORINGS CittOc H)fii CLF lxcS X.t tq. GC ]^i. FIGURE 2 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Pedestrian Bridges BID NO. 5971 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS April 7, 2006 - 3:00 P.M. (OUR CLOCK) SECTION 00300 BID FORM PROJECT: Bid 5971 Pedestrian Bridges Place Fort Collins, April 7, 2006 Date 1. In compliance with your Invitation to Bid dated 3-15-2p06 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 5% of Bid amount ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: Employers Mutual Companies, PO Box 370010, Denver, CO 80237 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 7/96 Section 00300 Page 1 .+ ' � I,..v — .an�v✓_i �a nrlv�c.� I , v v� I r � ._� '. ... .. .. _� c.. .,. .... .. .., From TH - 2 A7 FE 14 ET SILT & CLAY 11 % LIQUID LIMIT PLASTICITY INDEX .virnpie of Frorn JOB NO, FC-3011 GRAVEL 'Yo SAND SILT & CLAY °fie LIQUID LIMIT PLASTICITY INDEX °/a Gradation Test Results FIG.3 TABLE SUMMARY OF LABORATORY RESULTS Im * m-mmm SAND, CLAYEY (SC) JOB NO. FC-3011 PAGE 1 OF 1 8. BID SCHEDULE 00330 City of Fort Collins Pedestrian Bridges Item No. Description Unit Contract Quantity Estimated Cost Unit Cost Total 206.01 Structure Excavation C.Y. 50 $ 40.40 s 2,020.00 206.02 Free Draining Fill (No. 57 Aggregate) (C.I.P.) Ton 100 $ 35.92 s 3,592.00 420.01 Geotextile (Drainage) (ClassA) S.Y. 75 $ 14.00 s 1,050.00 509.01 Steel Abutment, 6-Foot, Installed Each 4 s 4956.00 s 19,824.00 509.02 Steel Abutment, 8-Foot, Installed Each 2 $ 5044.00 $ 10,088.00 552.01 Helix Pier, Installed Each 14 $ 1570.00 $ 21,980.00 614.03 Channelizing Barrels Per Day Per Each 150 $ 1.30 $ 195.00 614.04 Type 1 Barricade Without Light Per Day Per Each 150 $ 1.30 s 195.00 614.07 Size A Sign With Stand Per Day Per Each 50 $ 3.85 $ 192.50 614.08 Size B Sign With Stand Per Day Per Each 10 $ 6.45 s 64.50 614.11 Cone With Reflective Strip Per Day Per Each 200 $ 1.30 s - 260.00 614.12 Safety Fence Per Day Per Roll 10 $ 6.45 $ 64.50 614.13 Light - Steady Bum Per Day Per Each 15 $ 1.30 s 19.50 614.14 Light - Flashing Per Day Per Each 15 $ 1.30 $ 19.50 614.15 Advance Warning Flashing - or Sequencing Arrow Panel Per Day Per Each 10 $ 100.00 $ 1,000.00 614.16 Traffic Control Supervisor Per Day 3 $ 490.00 $ 1,470.00 614.17 Traffic Control Supervisor Per Hour 50 $ 58.00 $ 2,900.00 614.18 Flagging Per Hour 50 $ 29.00 $ 1,450.00 625.01 Construction Surveying Lump Sum 1 $ 2537.00 $ 2,537.00 628.01 Pedestrian Bridge -45'x6'Laporle(East) Each 1 $ 25984.00 $ 25,984.00 628.02 Pedestrian Bridge- 30' x 6' Laporte (West) Each I $ 19914.00 $ 19,914.00 628.03 Pedestrian Bridge - 40' x 8' Mulberry Each 1 s 26770.00 s 26,770.00 TOTAL COST s141,589.50 The City of Fort Collins reserves the right to authorize future orders from this bid for a period of five years after date of award. Annual renewals and pricing changes shall be negotiated by and agreed to by both parties. One hundred forty one thousand five hun$olgdaneighty nine dollars and fifty�nfnts. Signed Address 1815 West 12th Street Company G f C p W Loveland, CO 80537 Phone/Fax 970-669-3255, 970-663-1566 Check One: Individual Doing Business in Company Name X Corporation Partnership Ct\DOCUME-1\cpattem\LCCALS-1\Temp\Bid Tab.xls Page lof I 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. aa��,j�,fp ril ltirarrri�,� f`S'P - 4f: B; Ate' st:`»¢ r�V ire #B-6 License Number (If Applicable) Address PO Box 7448 Telephone Loveland, CO 80537 970-669-3255 ��D O te ,-, 7/96 Section 00300 Page 3 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 IL IL L' I li I it 1 19 SECTION 90410 B10 BOND G. L. Hoff Company KNOW ALL. MEN BY THESE PRESENTS: that we, the undersigned as Principal, and Employers Mutual Casualty Company as Surety, are hereby held and firmly bound unto the Eit of Fort Collins, Colorado, as OWNER, in the sum of $ Five percent .(5% o the total amount of bid -- for the payment of which, well and truly to be made, we hereby jointly and severally bind oursfsj.ve:y, c;uccessur.S, and ,:�signS. kv CONDi'1'T(..;N of ::h.is Ohl iWion is Iuch that whe.ress the Prtr:c:;.gIdl !Za, submitted to the Fort Coilinz, k-'o.orado the acr.onpan}ir.cy Bid and Hereby made a part, hereof to enter into a Construction Agreement for the -onstruct:ion of Fort Collins Project., Bid 5911 Pedestrian Bridges. NOW THEREFORE, (s; 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 a: c--dance with said hid) and Shall Eucnish a 30ND t(%r perrt;rmance of said Contract,, and for payalear.i. o 111 persons itacr or furnishing naterrai:;.nc:•nnecl1tn therewith, :Knd _)3r 11 .i.n Other respects perform the Agreealent_ created by the acceptance ct. saitz Bid, then this obligation shall be void; otherwise the same shall remai.r 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 evert, exceed the penal amount of this obligation as herein 'stated. ^'he Surety, for value received, hereby stipulates and agrees that. the obligations of said Surety and its BOND sha1+, be in no way impaired or affect:ed by any extension of the time within which the OWNER may accept such F.-id..and :,aid Surety does hereby waive ot.t.ice of any such axt�:lsit:n. '•201,-,panics ax(-.;c.ur.11lij t)o.[ids I;IIG t: ou. i111'hozize,'a t: ) r.ran:i9,: -,_ t'Ae irate n)f Colorado and be accepted by the OWN7;R. 1/95 Section 00410 Page 2 k IN WITNESS WHEREOF, the ?rin^ipal and that Surety have hereunto aet their hands and seals this 7th day of April -_A 2006, 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. PRI MC I :PAID SURETY Namr� r G. L. Hoff Company_- -- Em-plovers. Mutual -,_Casualty_ 7,ddress: 1815 W. 12th St. P.O. Box 370010 Loveland, CO 80537 Denver, CO 80237 Darlene Krings, F�'ct✓, y1 YYY � (SEAL) :section 0041\0 Page :i No Text SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: G.L. Hoff Company 2. Permanent main office address: 1815 WEst 12th Street, Loveland, CO 80537 3. When organized: January 1984 4. If a corporation, where incorporated: Colorado (1989) 5. How many years have you been engaged in the contracting business under your present firm or trade name? 22 years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) Greeley REcreation Center Pavers: $28,521. May, 2006 Loveland Splash Park: $196,691. June, 2006 7. General character of Work performed by your company: Commercial general contractor: we complete sitework, concrete, carpentry, project management and utilities with our own forces. 8. Have you ever failed to complete any Work awarded to you? no If so, where and why? 9. Have your ever defaulted on a contract? no If so, where and why? 10. Are you debarred by any government agency? no 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. Please refer to the attached information 12. List your major equipment available for this contract. track excavator, 928 loader, backhoes, bobcats, motor grader, grading tractor, dump truck, concrete pump, water truck, telescoping fork lift 13. Experience in construction Work similar in importance to this project: Please refer to the attached information 14. Background and experience of the principal members of your organization, including officers: Please refer to the attached information 15. Credit available: $ 250,000. 16. Bank reference: Loran Emmons, Chase Bank, Loveland 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? yes 18. Are you licensed as a General CONTRACTOR? yes If yes, in what city, county and state? Fort Collins, others What class, license and numbers? OMB-6 19. Do you anticipate subcontracting Work under this Contract? yes If yes, what percent of total contract? Please refer to section 430 and to whom? 20. Are any lawsuits pending against you or your firm at this time? no IF yes, DETAIL 7/96 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL 2 million plus 1 million umbrella What company? Travelers, agent: Flood & Peterson 22. What are your company's bonding limitations? 1.5 million 23. The undersigned corporation to verification of Qualifications. Dated at Loveland hereby authorizes and requests any person, firm or furnish any information requested by the OWNER in the recital comprising this Statement of Bidder's this 7th day of April , 2006. G.L.Hoff Company Name of Bid By: Title: Miriam T. Hoff, Secretary Treasurer State of Colorado County of Larimer Miriam T. Hoff being duly sworn deposes and says that he is Sec. Treas. of G.L. Hoff Company and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 7-h-1 day of 20o0. '--Notary Public My commission expires -07 7/96 Section 00420 Page 3 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 - 0041'0-2 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 (2) SOILS REPORTS G.L. Hoff Company 2005 Projects Associated Thermoforming Re -grind Addition Phase I This Design -Build project included planning, engineering and architectural work for the expansion of the Associated Thermoforming Inc. facility. The scope included site work, paving, structural concrete, interior remodeling for specialized equipment installation, electrical, mechanical and construction of a pre-engineered metal building. Owner: Associated Thermoforming, Inc. 765 Second Street Berthoud, CO 80513 Contact: John Nix, President, 970-532-2000 Contract: $411,000. Completion: August, 2005 North Taft Avenue Culvert Extension The extension of the existing aluminum arch pipe culvert at the Greeley - Loveland Canal at Taft Avenue was completed to allow for road widening at Taft Avenue for the City of Loveland. The project included site work, excavation, demolition of portion of existing bridge, structural fill, rip rap, concrete washout structure, concrete wall, railing and seeding. Owner: City of Loveland 500 East 3`d Street Loveland, CO 80537 Contact: Ross, W. Shaw, Engineering Division 970-962-2627 Contract: $145,000. Completion: March 2005 Houston Gardens Pump Station Construction of a non -potable irrigation pump station including demolition, site work, concrete, masonry pump building, pump system, water line and surveying. Owner: City of Greeley 1000 Tenth Street Greeley, CO 80631 Contact: Phil Carter, 970-371-3727 City of Greeley Water System Manager Contract: $194,531. Completion: June 2005 8th Avenue Trench Train Construction of a new trench drain system along 400 lineal feet of 8th Avenue for the City of Greeley. The scope of work included excavation, structural and site concrete, and asphalt repair. Owner: City of Greeley 1000 Tenth Street Greeley, CO 80631 Contact: Joe Marcisofsky, 970-336-4124 City of Greeley Public Works Department Contract: $67,584.00 Completion: March, 2005 Loveland Sports Park Subcontract for the concrete bleachers, stairs, retaining walls and the skate board facility in the park. The scope of work included structural concrete, concrete and shotcrete for in -ground skate board park area. Contact: Ted Johnson, 970-669-6291, Project Manager ECI Site Construction Management, Inc. Contract: $198,400. Completion: September, 2005 USDA Crops Research Lab Phase III Subcontracted and portion of this project. Our scope included the demolition of the existing greenhouse building as well as the sitework, excavation, concrete foundation, site concrete work, and asphalt paving for the new greenhouse facility. General Contractor: Flintco/ CNII Contact: Al Pflueger, Project Manager Phone: 530-510-0945 Email: apflueger@flintco.com Contract: $310,553.18 Change Orders: Nine: $65,684.18 Own Forces: 86% Completion: October, 2002 LakeMacIntosh, Phase H Project included construction of a pedestrian trail, bridge abutments, fences, concrete boat ramps, and installation of pre-engineered pedestrian bridges. Work included grading, drainage improvements, concrete flatwork, aggregate boat launch areas, site furnishings, signage and seeding. Owner: City of Longmont 1100 S. Sherman Street, Longmont, CO Contact: Dan Wolford, project manager, 303-774-4691 Superintendent of Open Space and Trails 3001 State Highway #119 Longmont, CO 80502 Contract: $287,021.20 Completion: February, 2006 Bellvue Nurse Basin Repair/Pond Dredge Pond dredging, pipe replacement, valve replacement, concrete and metal restoration for the DOW fish hatchery. Owner: State of Colorado Division of Wildlife 6060 Broadway Denver, CO 80216 Contact: Kay Sinclair, project engineer, 970-416-3330 Division of Wildlife 317 West Prospect Road, Fort Collins, 80526 Contract: $123,914.15 Completion: February, 2006 G.L. Hoff Company Construction Experience Gregory L. Hoff, President and Construction Manager For the past thirty five years, Greg has been involved with all aspects of construction. Greg established G.L. Hoff Company in 1984. Serving as president and project superintendent, Greg is a driving force in the company. Graduating from Northeastern Junior College in 1972 with a degree in Civil Engineering, his early work included surveying and architectural design and drafting. He has held a Class B Commercial Contractor's License with the City of Fort Collins since 1976. Currently, Greg is a licensed contractor in the cities of Loveland, Fort Collins, Longmont and Boulder. Beginning in 1984, Greg established G.L. Hoff Company, a commercial general contracting company which specializes in all types of commercial construction including site work, excavation, structural concrete, and commercial buildings. As president and construction superintendent for G.L. Hoff Company, Greg supervises a wide variety of projects including, schools, churches, city and government projects, city park developments, as well as many light industrial and concrete construction jobs. Greg oversees project scheduling, review of construction procedures and specifications, monitors quality control and safety enforcement on job sites. As president and construction supervisor, Greg works closely with project owners, architects and engineers throughout the project. Greg is an active member of the Loveland construction community. He has volunteered his time to the Loveland Construction Advisory Board for over 15 years. While serving as Chairman of this Board, the city adopted licensing for contractors. He also served on a review committee to study the International Building Code prior to its adoption by the City of Loveland Building Department. Joel S. Reger, Estimator and Project Manager Joel has a Bachelor of Science Degree in Construction Management from Colorado State University and seventeen years experience in the construction field. He has continued his education with estimating seminars including training with American Building Company's estimating Access workshop and Master Builder Computer System. He is also an active member of the Sigma Lambda Chi honorary national construction fraternity. During the past fifteen years, as the chief estimator with G.L. Hoff Company, Joel has compiled bids and development estimates for projects valued at up to five million dollars. As chief estimator, he directs the project bidding process as well as the review of specifications. He also works directly with project management, coordinating proposal requests and change orders with the architect or owner, overseeing material orders to insure that the project is completed in a timely manner and according to specifications. Joel is an important and effective member of every Design -Build project with G.L. Hoff Company. He works closely with the owner and architect to understand project goals and provide detailed project budgets and construction options to meet the owner's needs. Patrick R. Norris, Estimator/Project Manager Pat brings thirty years of construction experience to his position as estimator and project manager. His background includes experience with residential, commercial and industrial construction. Pat began his career as a carpenter, form setter and equipment operator. With 18 years working as a field foreman, he has a broad understanding of building methods and materials as well as site safety and personnel management. His knowledge of construction has enabled Pat to be an effective estimator and project manager. During the past 7 years, Pat has bid and managed projects valued up to $500,000. SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR 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: April 13, 2006 TO: G. L. Hoff Company PROJECT: Bid 5971 Pedestrian Bridges OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated April 7, 2006 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for Bid 5971 Pedestrian Bridges; Contract Documents provide for the design, fabrication, and erection of three simple span prefabricated weathering steel truss pedestrian bridges with timber decks, including helix piers and steel abutments at 3 locations in the City of Fort Collins. Two bridges will be installed on West Laporte Avenue over the New Mercer Canal. One bridge is to be installed on West Mulberry Street over the Larimer County Canal No. 2. The Price of your Agreement is One Hundred Forty One Thousand Five Hundred Eighty Nine Dollars and Fifty Cents ($141,589.50). 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 April 27, 2006. 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 YIA�t, By: 0V ` Ja es B. O'Neill, II, CPPO, FNIGP Di ctor of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 13th day of April in the year of 2006 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and G. L. Hoff Company (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the design, fabrication, and erection of three simple span prefabricated weathering steel truss pedestrian bridges with timber decks, including helix piers and steel abutments at 3 locations in the City of Fort Collins. Two bridges will be installed on West Laporte Avenue over the New Mercer Canal. One bridge is to be installed on West Mulberry Street over the Larimer County Canal No. 2, and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by North Star Design, Inc., who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within 15 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 45 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 9/12/01 Section 00520 Page 1 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: Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the Fifteen (15) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Thousand Dollars ($1,000) for each calendar day or fraction thereof that expires after the Thirty (30) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Hundred Forty One Thousand Five Hundred Eighty Nine Dollars and Fifty Cents ($141,589.50), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of 9/12/01 Section 00520 Page 2 SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 2 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 950 of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by 9/12/01 Section 00520 Page 3 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, inbestigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4Consent of Surety 7.2.5Application for Exemption Certificate 7. 2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: 5 Pages: 1-4, S6 PEDESTRIAN BRIDGES Laporte Ave. & New Mercer Canal (East) Laporte Ave. & New Mercer Canal (West) Mulberry Ave. & Larimer County Canal No. 2 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated.` 7.4. Addenda Numbers N/A to N/A, inclusive. 7.5. The Contract Documents also include all written amendments and 9/12/01 Section 00520 Page 4 other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12/01 Section 00520 Page 5 OWNER: TY OF FORT COLLINS CONTRACTO L. Hof By: 1 Jc)A-4 � By JAMES B. O' EILL II, CPPO, FNIGP 7-7 DIRSCiOR OF PURCHASING G r e Zr/L/.H ff AND RISK MANAGEMENT Title: President FORT Date: SEAL Attest: City Clerk Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as to Form Assis ant City Attorney , te: C; / � �, oZyU(a_ .yin ,.... (CORPORATE SEAL) A e s t: W S. Miri T. Ho kf, Address for giving notice':,.,,: PO Box 7448 Loveland, CO 80537 LICENSE NO.: B-6 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: Bid 5971 Pedestrian Bridges To: G. L. Hoff Company 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 , 2006 and , 2006, 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: G. L. Hoff Company 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. S329833 KNOW ALL MEN BY THESE PRESENTS: that (Firm) G. L. Hoff Co., 1815 W. 12th Street, Loveland, CO 80537 (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company, P.O. Box 370010, Denver, CO 80237 (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 $141,589.50 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 13 day of 40 .,;( , 20a, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Bid 5971 Pedestrian Bridges. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 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 i r f yyN 1' (9orporate Seal) IN PRESENCE OF: (Surety Seal) Principa G. L. Hoff Co &�eog2lf az� (Title) 1815 W. 12th St., Loveland, CO 80537 (Address) Other Partners By: By: Surety Employers Mutual Casualty Company B y ' "k4 1, Attorney -in -Fact XNX P. 0. Box 370010, Denver CO $7 c (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 06615 PAYMENT BOND Bond No. S329833 KNOW ALL MEN BY THESE PRESENTS: that (Firm) G. L. Hoff Co., 1815 W. 12th Street, Loveland, CO 80537 (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company, P.O. Box 370010, Denver, CO 80237 (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 $141,589.50 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 13 day of Apr, I , 20jD�o, a copy of which is hereto attached and made a part her of for the performance of The City of Fort Collins project, Bid 5971 Pedestrian Bridges. 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 fu11 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 2 0� I`N PRESENCE.OF: r 1815 W. 12th St., Loveland, CO 80537 (Address) (Corporate Seal) IN PRESENCE OF: Other Partners Surety( Employers Mutual Casualty Company Attorney -in -Fact �jt3£ P.O. Box 370010, Denver, CO,- O0 3.7 (Address) r r. 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 00020 INVITATION TO BID Date: March 15, 2006 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock,. on April 7, 2006, for the Pedestrian Bridges; BID NO. 5971. If delivered, they are to be delivered to 215 North Mason Street, 2°d Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the design, fabrication, and erection of three simple span prefabricated weathering steel truss pedestrian bridges with timber decks, including helix piers and steel abutments at 3 locations in the City of Fort Collins. Two bridges will be installed on West Laporte Avenue over the New Mercer Canal. One bridge is to be installed on West Mulberry Street over the Larimer County Canal No. 2. The City of Fort Collins reserves the right to authorize future orders from this bid for a period of five years after date of award. Annual renewals and pricing changes shall be negotiated by and agreed to by both parties. 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 March 16, 2006. The Contract Documents and Construction Drawings may be examined online at: 1. City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp 2. Mercury-LDO Reprographics: www.mercury-ldo.com 07/2001 Section 00020 Page 1 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 6., EMC Property & Casualty Company, an Iowa Corporation 3. Union Insurance Company of'Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, on Ohio Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally. as "Company" and collectively as "Companies., each does, by these presents, make, constitute and appoint: CHRIS RICHMONDRUSSELL MICHELS, DARLENE KRINGS, DIANE CLEMENTSON, INDIVIDUALLY, FORT COLLINS, COLORADO `.... its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS . ,....,, ...•........................................ • .., .......... ($10,000,000100) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire unless sooner.revoked. AUTHORITY FOR POWER OF ATTORNEY April 1, 2009 This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority fo (1) appoint atomeys•in-fact and authorize them Wexecute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey-in-fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey4n-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty' Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-aftomey of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed; IN WITNESS WHEREOF, the Companies have caused these resents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed'this 26th day of JanueryL006 Seals _,iii— ­11Bruce G. Kelley, Chairman ° ;. % :'�P; 0, 4S '' of Companies 2, 3, 4, 5 & 6; resit , POHyIm"-PO -� O VO0.PORq�'' of Company1; Vice Chairman and 163 1953 CEO of Company 7 _ m , < MA i` Y{1Vi y a fi fl4 DPP 004 �9 . - a SEAL o <; �RIH OPKO�P sMOINES �. C ROTA KRUMINS Commission Number 17621 My Comm. Exp. Sew. 30, 201 Secretary 2066 hpfnrp mP a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S. Birdsley, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers, acknowledge the execution ,of said instrument,to be the Voluntary act and deed of each of the Companies. My Commission Expires September 30, 2006. Notary Public in and for the State of Iowa CERTIFICATE I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney Issued pursuant thereto nnhphalfnf Chris Richmond, Russell Michels, DarlenE and effect. d my name and affixed the facsimile his ?k day of Vice -President �ACQRD_ CERTIFICATE OF LIABILITY INSURANCE 0421//os°N""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ExTEND OR 4821 Wheaton Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 270370 Fort Collins, CO 80527 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: St. Paul Travelers Insurance Company G.L. Hoff Company INSURER B: Pinnacol Assurance 1815 W 12th Street INSURER C: P.O. Box 7448 INSURER D: Loveland, CO 80537 INSURER E: rnvFii THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JILTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY DTC0324139364 01/01/06 01/01/07 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED a300 000 CLAIMS MADE a OCCUR MED EXP (Any one person) $5 000 PERSONAL &ADV INJURY $1 00O 000 X PD Ded: $2,500 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 OOO OOO POLICY PEST LOC A AUTOMOBILE LIABILITY ANY AUTO DT810784F817 01/01/06 01/01/07 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS X. PROPERTY DAMAGE (Per accident) $ ` I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO S AUTO ONLY: AGG A EXCESS/UMBRELLA LIABILITY DTSMCUP324D9 01/01/06 01/01/07 EACH OCCURRENCE $1000000 X OCCUR CLAIMS MADE AGGREGATE $1,000,000 $ DEDUCTIBLE S X RETENTION $ 1 O 000 B WORKERS COMPENSATION AND 2242590 01/01/06 O1/O1IO7 X t't'CSTATUMIT- OTH- rR EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $500 000 E.L. DISEASE - EA EMPLOYEq $500,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS bet" E.L. DISEASE -POLICY LIMIT 1 $500000 A OTHER QT6606062BO9 01/01/06 01/01/07 $1,000,000 Limit Builders Risk $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Pedestrian Bridges Certificate holder is named as additional insured, but only as respects liability arising out of work performed by the named insured (Excluding Workers' Compensation). 1 City of Fort Collins PO Box 580 Fort Collins, CO 80522 LID ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 2 #S344206/M335843 NIK 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S3"206IM335843 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: Bid 5971 Pedestrian Bridges PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: G. L. Hoff Company CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part'of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER F.VWTUFTIV0150 AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: G. L. Hoff Company 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, Bid 5971 Pedestrian Bridges. 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 Fart Collins, Colorado (OWNER) FROM: G. L. Hoff Company (CONTRACTOR) PROJECT: Bid 5971 Pedestrian Bridges 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 7/96 Section 00650 Page 1 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR: G. L. Hoff Company 32 Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Notary Public day of 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: G. L. Hoff Company PROJECT: Bid 5971 Pedestrian Bridges 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 (12/98) COLORADO DEPARTMENT OF REVENUE v DENVERCO 80261 (303) 232-2416 CONTRACTOR APPLICATION 24 FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)QW ran unr The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Reg mill atonlAccurt No. tote as agned by DOR) perpd 89 - 0170-750 (999) $0.00 ntI+I7`LRJ trade name A. er, Fanner or corpora a name Mailing address (City,-State,Zip) Contact arson E-Mail address Federal Employers Idenbfice ron Number. Bid amount foryour conUact ax um er Business telephone nimbi'. __.......... .::t ,.,,,nny iae .wouni numoer' ` f3Cp_4 �f �fSlr? p soda res[r7ekr paa�as,;(4) dGnj;ifyj7gtbe,�Antdac�irrgpartl" _ artd"(j ccFf#ainglg't�aWrea�if contracCingepar�lesrnugtbe etEacheq Name Ot exempt organization t2S shown en con act): emptorganiza on s number. 98 - AtlressofexemptorganizaUon iy, tale. Ip_ rincipal comact at exempt organization rm ipal contacts telephone number hysical IocaUon of project site (give actual address Wen applicable and Cilies andlor County (ies) where project Is located} adjeduled Day rear a slmeaon slan date_ Estimated wmpletion date. P 1 dedare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature crowner, parineror corporate of car_ Title ofccrporateofficer aL DO NOT WRITE BELOW THIS LINE Section 00670 Page 1 Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be viewed and purchased at: 1. Mercury LDO Reprograhics: • FORT COLLINS: 422 S. Link Lane, Ft. Collins, CO 80524 Ph: 970-484-1201, Fax: 970-221-0404 • ENGLEWOOD: 9632 E. Arapahoe, Englewood, CO. 80112 Ph: 303-790-7169, Fax: 303-792-2936 • DENVER: 860 Bryant Street, Denver, CO. 80204 Ph: 303-893-8701, Fax: 303-893-0617 • COLORADO SPRINGS:11 E Las Vegas, Colorado Springs, CO. 80903 Ph: 719-231-8121, Fax: 719-633-5710 • LODO: 1660 Wynkoop Ste. 130, Denver, CO. 80202 Ph: 303-785-2520, Fax: 303-785-2522 • BOULDER: 2575 Pearl St. Unit C., Boulder, CO. 80302 Ph: 303-539-1350, Fax: 303-539-1356 2. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 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 exam ption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are sho%vn by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDTTIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number K Title Number 1. DEFINITIONS......................................................1 2. PRELIMINARY MATTERS ....... ,.................... ... 3 1.1 Addenda ............................. I ...... I......... 2.1 Delivery of Bonds............................ 3 1.2 Agreement..........................................1 2.2 Copies of Documents .... ... I ...... I .......... 3 L3 Application for Payment,,,,,,,,,,,,,,,,,,,,,, 1 2.3 Commencement of Contract 1.4 Asbestos ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,_ .... I Times; Notice to Proceed ....... I ....... .3 1.5 Bid....................................................1 2.4 Starting the Work ..... I ....... I ......... .....3 1.6 Bidding Documents ............................. ] 2.5 2.7 Before Starting Construction; 1.7 Bidding Requirements ....... ......... ........ 1 COIN'TRACTOR'sResponsibility 1.8 Bonds ,...... _.. ...... 1.___... _...... .._,,...... _1 to Report, Preliminary Schedules; 1.9 Change Order ............ ...................... ... 1 Delivery of Certificates of 1.10 Contract Documents ] Insurance 3-4 I'll Contract Price,,,,,,, ,,, ,, -- ,, _...I 2.8 PreconstructionConference,._... ..... .4 1.12 Contract Times .............. 1 ^_.9 Initially Acceptable Schedules, ...,,,,.4 1,13 CONTRACTOR I 1.14 defective...,,,,_...............................1 3. CONTRACT DOCUMENTS. INTENT, L15 Drawings ................................... ......... I AMENDING, REUSE ............... ......... .......... ....4 1.16 Effective Date of the Agreement ........ ,_1 3.1-32 Intent ,.......... ,...... ,,,_......,,,._,,,...__p 1.17 ENGINEER.. , , ....... ._.. _...I.....1 3.3 Reference to Standards and Speci- 1.18 ENGIiVEER's Consultant ...... _................ 1 fications of Technical Societies, 1.19 Field Order ,,,,,,,,,,,,,,,,,,,,,,,,,,,,I...... Reporting and Resolving Dis- 1.20 General Requirements.........................2 crepancies..... _........... _............... 4-5 1.21 Hazardous Waste ....:............................ 2 3.4 Intent of Certain Terms or 1 22.a Laws and Regulations; Laws or Adjectives ... ..................... I ............ 5 Regulations 3-5 Amending Contract Docunents, 5 1.22.b ...................................... Legal Holidays ......... ..............2 3.6 ........ Supplementing Contract 1.23 Liens ................................................ -1 Documents........... _......................5 124 Milestone 2 3.7 Reuse of Docum ents 5 1.25 Notice of Award .................................. 2 1.26 Notice to Proceed ....... 4, AVAILABILITY OF LANDS; 1.27 OWNER.............................................2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization .._,,,,_.._.,_,.....„.,...,_2 REFERENCE POINTS......_........._.....................5 L29 PCBs 4.1 Availability of Lands.....................5-6 1.30 .................................................2 Petroleum ......... ._,,,,_._..,,,........ _...,,,L 4.2 SubsurfaceandPhysical 1.31 PrnIPrr 2 Conditions ................... _............_.6 1.32.a Radioactive Material ............................ 42.1 Reports and Drawings ..................... 6 1.32.1) Regular Working Hours ,„_.._„__...... .,__2 4.12 Lim itedReliance byCONTRAC- 1.33 Resident Project Representative .,_ .... 2 TOR Authorized; Technical 1.34 Samples..............................................2 Date ....... ....,............ ................... b 1,35 Shop Drawings....................................2 4.23 Notice of Differing Subsurface 1,36 Specifications ......, ...... _ 2 or Physical Conditions ..... ........b 1.37 Subcontractor 2 4.2.4 ENGINEER's Review 6 1.38 Substantial Completion....,._.....,_.._.,,.^ 42.5 Possible Contract Documents 139 Supplementary Conditions ...... ............. 2 Change, ........ .... ... ........ _ ...... 6 1,40 Supplier....,._ ............. . ___.,..._ 42.6 Possible Price and Times 1,41 Underground Facilities .... ........... _..... -3 Adjustments .......... ................... 6-7 1,42 Unit Price Work,,.. _.....,,.....................3 _ 4.3 Physical Conditions --Underground 1.43 Work 3 Facilities ­1117 1.44 Work Change Directive. ...... ....... _..... 3 4.3.1 Shown or Indicated..,_....,_ ,.. ...._ 7 1.45 Written Am endment._,.._...... .............3 4.3.2 Not Shown orindlcated,._.. ..._.7 4.4 Reference Points ................................ 7 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDIIION) w/ CITY OF FORT COLLINS MODIFICATIONS IREV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Num her Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ..................... 7-8 5. BONDS AND INSURANCE .... _.......................... 8 5.1-5.2 Performance, Payment and Other Bonds........................................._... S 5, 3 Licensed Sureties and Insurers, Certificates of Insurance....,,,,,,.. _...., 8 5A CONTRACTOR's Liability Insurance .......................................... 9 5.5 OWNERsLiability Insurance ........... 9 5.6 Property Insurance...._....................9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance,,, _.... _. _ _ , _...l0 5.8 Notice of Cancellation Provision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts .................... 10 5.10 Other Special Insurance ...... ,........... _. 10 5,11 Waiver of Rights._ ..... I ... I....................11 5.12-5.13 Receipt and Application of Insurance Proceeds,._.._ ............. _10- 11 5.14 Acceptance of Bonds and Insa- ance; Option to Replace...... 11 5.15 Partial Utilization --Property Insurance........................................11 6. CONTRACTOR'S RESPONSIBILITIES 11 6.1-6.2 Supervision and Superintendence___...11 6.3-6.5 Labor, Materials and Equipment,,. 11-12 6.6 Progress Schedule ........ __ ........ 1.1112 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation ......... ....12-13 6-8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ......................... 13-14 6.12 Patent Fees and Royalties .... ........... ..._14 6.13 Permits.............................................14 6.14 Laws and Regulations ........ ........... ..... 14 6.15 Taxes...........................................14-15 6.16 Use of Premises ............................ 15 6.17 Site Cleanliness,..._._... ... 15 6.18 Safe Structural Loading__ .................. 15 6.19 Record Documents 15 620 Safety and Protection ....... 6.21 Safety Representative.,.....____,,........, 16 622 Hazard Communication Programs..._.. 16 623 Emergencies ................................ ... 16 6.24 Shop Drawings and Samples..............16 111 625 Submittal Proceedures: CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal....................................16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER ..... ,16-17 6.27 Responsibility for Variations From Contract Documents....._,.,,,_17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals...................................17 629 Continuing the Work.....................17 6.30 CONTRACTOR's General Warranty and Guarantee_. , .. ,. _.... _.17 6.31-6.33 Indemnification ................:........17-18 6.34 Survival of Obligations_ ................IS 7. OTHER WORK.................................................18 7.1-7.3 Related Work at Site.......................18 7.4 Coordination is 8. OWNERSRESPONSIBILITIES...._ ........ ....._18 8.1 Communications to CON- TRACTOR...._........_ __.....__... 18 S.2 Replacement of ENGINEER ,,,,,._...„is 8.3 Furnish Data andPay Promptly WhenDue.................................18 8.4 Lands and Easements; Reports and Tests...............................18-19 8.5 Insurance.......................................19 8.6 Change Orders............ ............ .....19 8.7 Inspections, Tests and Approvals .................... _............19 9.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ......................................19 8.9 Limitations on OWNER'S , Responsibilities,,,,,. _... _.. _ __.,,.. _. _.19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ..................... 19 8.11 Evidence of Financal Arrangements .......................... 19 9 ENGINEER'S STATUS DURING CONSTRUCTION.. _..... _........ _... _.................. 19 9.1 OWNER's Representative,......._„ . 19 92 Visits to Site .... 19 9.3 Project Representative......_ 19-21 9.4 Clarifications and Interpre- tations .................... <1 9.5 Authorized Variations in Vork ,_...,21 EJCDC GENERAL CONDITIONS I910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work...................21 13.8-43.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request. ...... .......... ,..,27 28 and Payments.,,,,,,..._._.....................21 13.10 OWNER May Stop the Work,._......28 9.10 Determinatials for Unit Prices 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ........................._28 NEERasInitial Interpreter_ .... _.,,22 13.12 Correction Period ..........................28 9.13 Limitations on ENGINEER's 13.13 Acceptance ofDefective Work. ...... Authority and Responsibilities..,, 22-23 13.14 OWNER May Correct Defective Work ..................................... 28-29 CHANGES IN THE WORD 3 10.1 OWNER's Ordered Change................23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment ........................23 COMPLETION29 10.3 Work Not Required by Contract 14.1 Schedule of Values ......................_.29 Documents......................................23 14.2 Application for Progress 10.4 Change Orders..,,........ I...................13 _ Payment_ .................................. 29 10.5 Notification of Surety .. ...................... 14.3 CONTRACTOR's Warranty of Title ........................................... 29 CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments...,, ........ __29-30 Adjustment; Value of 14.8-149 Substantial Completion .......... ......... 30 the Work ..................._......_ I._„_23 24 14.10 Partial Utilization.......... ,,.,.._,_30-31 11.4 Cost of the Work...................... _.,.24-25 14.11 Final Inspection,_................__._.__,31 11.5 Exclusions to Cost of the Work ....,..... 25 14.12 Final Application for Payment ....... .31 11.6 CONTRACTOR's Fee ....... ..... ......_.25 14.13-14.14 Final Payment and Acceptance...,,, 31 11.7 Cost Records ...... ... ..._ .-.25-26 14.15 Waiver of Claims_ ... ........ ....31-32 11.8 Cash Allowances ................................ 26 11.9 Unit Price Work._.,,_....................._.26 15. SUSPENSION OF WORK AND TERMINATION..... ........................................... 32 CHANGE OF CONTRACT TINES....,,,_......._..........26 15.1 OWNER May Suspend Work .........32 12.1 Claim for Adjustment,.._ ............26 15.2-15.4 OWNER MayTerminate ..... ,.......32 12.2 Time of the Essence ............. 1.26 15.5 CONTRACTOR May Stop 12.3 Delays BeyondCONTRACTOR's Work or Terminate.. ........ Control ... I ..I .........- .......... .-....... 26-27 12.4 Delays Beyond OWNER's and 16, DISPUTE RESOLUTION,,...._............._._.........33 CONTRACTOR's Control ................. 27 IESTS AND INSPECTIONS; CORRECTION REMOVAL OR ACCEPTANCE OF DEFECT71T WORK........................._......._.............27 13.1 Notice of Defects., ............................27 13.2 Access to the Work,__._.. 27 13.3 Tests and Inspections; COA'TRACTOR's Cooperation......._ 27 13A OWNERS Responsibilities, Independent Testing Laboratory .... ,.,27 13.5 CO1N'TRACfOR's Responsibilities...... , . . _............ . ...... 27 1 3.6-13.7 Covering Work Prior to Inspec- tion- Testing or Approval, _..... _, _, . 27 IV 17. MISCELLANEOUS _............:. ........................... 33 17.1 Giving Notice33 17.2 Computation of Times._.. ....... ,_....... 3 17.3 Notice of Claim,....__„ . ..........33 1T4 Cumulative Remedies..._,,.,. _,...._ 33 17.5 Professional Fees and Court Costs Included ................. _..„_..,33 IT6 Applicable State Laws ........ ._ Intentionally left blank,_ ............... ................. 35 ENHIBIT GC -A: (Optional) Dispute Resolution Agreement .................. .GC -Al. 16.1-16.6 Arbitration....._,,, ...... GC -AI 16.7 1vfediation GC -At EICDC GENERAL CONDMONS 1910-3 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Nuiii her Acceptance of -- Bonds and Insurance 5.14 defective Work ...... ............... _10.4.1, 13.5, 13.13 final payment '... 9,12, 14.15 insurance.. _... ..... _...5.14 ........................................ other Work, by CONTRACTOR * * -7.3 Substitutes and "Or -Equal" ItemS. .... 6.7.1 Work by OWNER. .............. .. ........... 2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities., . , _ _........ _................. _ ..........4.1 site, related Work 7.2 Work . .......................... ­ ............. 112, 13.14, 14.9 Acts or Omissions, Acts and Omissions-- CONTRACTOR6.9.1, 9.13.3 ENGINEER.._ * . . ....................... 6.20, 9. 1 31.3 OWNER.............. .................................. . 6.20, 8.9 Addenda --definition of (also see definition of Specifications) ... _(i. 6, 1.10, 6.19), 1.1 Additional Property Insurances. .......... ....... 5.7 Adjustments -- Contract Price or Contract Times.._ .............. .... ... 1.5, 3.5, 4.1, 43.2, 4.5.2, - ........................ 44.5.3, 9.4, 9.5, 10.2-10.4, . ............ 11, 121 14.8, 15.1 progress schedule.. � ............................................. 6.6 Agreement -- definition of ........... ........ ...... 1.2 "All -Risk" Insurance, policy form.__.._ Allowances, Cash ..................... ............... . Il.s Amending Contract Documents... 3.5 Amendment, Written_ in Reneral I 1 45, 1.5, S. if), i�, r.& i ..........................6.8.2, 6.19, 10.1, 10,4, 11.2 .........I ........... .. I ... ..... - 12. 1 , 13,12. 2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to„_ ...... .... __ ...... 9.107 9.11: 10.4. 16.2, 16.5 Application for Payment -- definition of 1.3 ENGINEER:s Responsibility . ......... 9.9 final payment..,,,,,._...,.,_ 9.13.4, 9.13.5, 14.12-14,15 in general. . ...... ..... . 1—. 2-8, 2.9, 5.6.4, 9.10, 15,5 progress payment ... _ .......... ....................... 14.1-14.7 review of_._......_.........._._ .... . ................. 144-14.7 Arbitration ... ....... ....... 16,1-16.6 Asbestos -- claims pursuant thereto.,.,,,.,_ ..... .4.5.2, 4.53 CONTRACTOR authorized to stop Work ...... 4,5.2 definition of, . ..... I .... Article or Paragraph Number OWNER responsibility for ..... ....... .......... 45.1, 8.10 possible price and times change ........................ 4.5.2 Authorized Variations in Work_...,,.__ 3.6, 6.25, 6.27, 9.5 Availability of Lands ...... -4.1, 8.4 Award, Notice of --defined 1.25 Before Starting Construction 2.52.8 Bid --definition of .......... - ... - .... 1.5 (1.1, 1.10, 2.3, 3.3, * ... ...... I ............. 4.2.6.4, 6,13, 11.4.3, 11.9. 1) Bidding Documents --definition of 1.6 (6.8.2) Bidding Requirements --definition of .... I ........... .............. ...... 1.7 (1.1, 4.2.6.2) Bonds -- acceptance of ....... .............. 5.14 additional bonds .......... 10.5, 11A�5.9 Cost of the Work ... .......... ............ 11.5.4 definition of 1.8 delivery of : 2.1,5.1 final Application for Payment,...,,,,._.._. 14.12-14.14 general ........................ .............. 1.10, 5,1-5.3, 5.13, ............. I ..... ................. ... 9. 13, 1 Q. 5, 14.7.6 Performance, Payment and Other .... ........... 5.1-5.2 Bonds and Insurance --in general,,..,..... 5 Builder's risk "all-risk" policy form,,,.,.... * * ­ ..5 ..... � .6.2 Cancellation Provisions, Insurance ........ 5.4.11, 5.8, 5.15 Cash Allowances .............. ..... ... ] 8 .. .1. Certificate of Substantial Completion ..... 1.38, 6.30.2.3, ..............14.8, 14.10 Certificates of Inspection_ ............... 9.13.4, 13.5, 14.12 Certificates of Insurance ... ­­. _17, 5.3, 5.4.11, 5A 13, . I ........... I .... . 5.6. 5, 5,8, 5.14, 4.13.4, 14.12 Change in Contract Price -- Cash Allowances claim for price adjustment.... ........ 4.1, 4.2.6, 4.5, 5. 15, 6.8.2- 9.4 9, 11, 5, 9 ................ 10 1 10.5, 11,2, 13,9, 1 1 ... ­­­­ -1-13, 111 4, 147, 15 1, 15.5 CONTRACTOR'slee 11.6 Cost of the Work general...._........._ .... ........ 11,4-11.7 Exclusions to .11.5 Cost Records 11.7 in general .... ...... J.] 9, 1.44,9A 1, 10.4.2, 10.4.3. 11 Lump Sum Pricing. 11.3.2 Notification of Surety, . ..... Scope Of . ...... .... ...... . . ..... 10.3-10A Testing and Inspection, Uncovering the Work ..... ..... ...... 13.9 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) W/ CITY OF FORT COLLINS MIDDIFICA JI ONS (REV 9/99) Unit Price Work 1 ].9 ........................................... Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times -- Claim for times adjustment ......... .1, 426, 4.5, 5,15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13,14, 14.7, 15.1, 15.5 Contractual time limits ...................................... 12.2 Delays beyond CONTRACTOR's control.._ ............................._ ................_12.3 Delays beyond OWNER'S and CONTRACTOR's control ............................ 12.4 Notification of surety ........................................ 10.5 Scope of change........................................10.3-10.4 Change Orders -- Acceptance ofDefeckve Work ........... .._...........13.13 Amending Contract Documents ....................... 3.5 Cash Allowances ............................................... 11.8 Change of Contract Price ,,,11 Change of Contract Times,,,,,,,,,,,,,,,,_,,........_.....12 Changes in the Work ............ .................. ..,_,...... J0 CONTRACTOR's fee ..................................... ...11.6 Cost of the Work......................................I1A-11.7 Cost Records_ ................................................11.7 definition of .... ...... -......................... I ... .............. 1.9 emergencies ............... .................................. ... 6.23 ENGINE,ER'sresponsibility_....... .8, 10.4, 11.2, 12.1 execution of ....................................................... 10.4 Indemnifiction .........................6.12, 6.16, 6.31-6.33 Insurance, Bonds and ............... ........ .10, 5.13, 10.5 OWNER may terminate_ .... 15.2-15.4 OWNER'sResponsibility ....... __.. ............... 8.6, 10.4 Physical Conditions -- Subsurface and..............................................4:2 Underground Facilities--... ............... .......... 4.3.2 Record Documents.............................. 6.19 Scope of Change .... .................. ................. 10.3-10.4 Substitutes ........:.................................... 6.7.3, 6.8.2 Unit Price Work ................................................ 11.9 value of Work, covered by...............11.3 Changes in the Work.................................................10 Notification of surety.. _.... , _ , ,. , ....... „. _.. _-_....... _.10.5 OWNER'S and CONTRACTOR'S responsibilities ....................................... _.. 10.4 Right to an adjustment ................................,,.10.2 Scope of change ....................... ............... 10.3-10.4 Claims -- against CONTRACTOR ...... ........... ..._._.. 6.16 against ENGINEER.._.._._..._ ........... ....... _....6.32 against OWNER........ _... _............... __.............6.32 Change of Contract Price.,,..._ ...............__ 9.4, 11.2 Change of Cmtract Times , ..... ..... , 9A, 12.1 CONTRACTOR's.............4, T1, 9.4, 9.5, 9.11, 10.2, ...........................11.2, 11.9, 12-1, 13.9, 14.8, _....................15.1, vi 155, 173 CONTRACTOR's Fee 11.6 ........................................ Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6,16, 6.31 Cost of the Work......................................11.4, 1 L5 Decisions on Disputes 9.11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement ...................16.1-16.6 ENGINEER as initial interpretor, ...................._ Q.11 Lump Sum Pricing..................................I.....11.3.2 Notice of ............................................................. 17.3 OWNER'S ................... 9.4, 9.5, 9.11, 10.1 11.2, 119 .......................12.1,13.9,11,13,13.14,17.3 OWNER's liability ........... ................................. ...5.5 OWNER may refuse to make payment....... „. _. , _ 14.7 Professional Fees and Court Costs Included.....................................................17.5 request for formal decision on,,,,,,,,,,,, 9.11 Substitute Items 6.7.1.2 Time Extension...... _ ........................................ 111 Time requirements...................................9.11, 12.1 Unit Price Work ............... _............. _., ......... 11.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment ....... .........14.14, 14.15 Work Change Directive ... .................... ..............10.'_ written notice required ................ .....9.11, 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 Clean Site .............................................................. 6.17 Codes of Technical Society, Organization or Association...._ ........................................... 3.3.3 Commencement of Contract Times .......................„..2.3 Communications_ general ............................. ................ 6.2. 6.9.2, 8.1 Hazard Communication Programs„ ................... ti 22 Completion -- Final Application for Payment ..........................14.12 Final Inspection .................. I ......... I ....... _ _ .......14.11 Final Payment and Acceptance ...............14.13-14.14 Partial Utilization14.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims. . .... .................._ .................14.15 Computation of Times. ...... ......... ............ ... 17.2.1-172.2 Concerning Subcontractors, Suppliers and Others .................................................. 6.8-6.11 Conferences -- initially acceptable schedules ..... 2.9 .9 ............2 preconstruction........................ .................. 2.8 Conflict. Error, Ambiguity, Discrepancy -- CONTRACTOR to Report....:...,,. _....... .....2.5, 3.3.2 Construction, before starting by CONTRACTOR...........................................22.5 2.7 Construction Machinery, Equipment, etc, ... 6.4 Continuing the Work .. ............. .............. ..., 6.29, 10.4 Contract Documents -- Amending..........................................................3.5 Bonds 5,1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9l99) Cash Allowances..............................................11.8 Article or Paragraph Number Change of Contract Price,..__..,,,,,,,.,, _.............._ 11 Change of Contract Times ....................... _.._........ I Changes in the Work................................10,4-10.5 check and verify ............................. Clarifications and Interpretations ......................... 3.2, 16, 9.4, 9.11 definition of ..................................... 1.1(.' ENGINEER as initial interpreter of.. ........... .11 ENGINEER as OWNER's representative......... ,9.1 general3 Insurance.... ............ ....................................... 5.3 Intent........................................................3.1-3 4 minor variations in the Work ................................ 3.6 OWNER's responsibility to furnish data,.,,,.... _.„„S.3 OWNER's responsibility to make prompt paym ent ......... ................. $.3, 14.4, 14,13 precedence....... ......... .................3.1, 3.3.3 Record Docum ents............................................6.19 Reference to Standards and Specifications of Technical Societies ................................... 3.3 Related Work ............ _....... 72 Reporting and Resolving Discrepancies..,,,,.. 2.5, 3.3 Reuseof ...... .... ............................. ...._............3.7 Supplementing .................................................. 3.6 Termination of ENGINEER's Employment .......... 8.2 Unit Price Work, ..................... 11.9 variations ........................ .................. 623, 627 Visits to Site, ENGINEER'S,,,,....._..,, 9.2 Contract Price-- adjusnnent of ............... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Change of .... ,,,. Decision on Disputes ........................................ 9.11 definition of..... „ ,1.11 Contract Times -- adjustment of ........ _.................. .5, 4.1, 9.4, 10.3, 12 Change of ..............._................. ............... 12.1-12.4 Commencement of .................. ,.,,,...... 2.3 definition of............................_.........._.........,.1.12 CONTRACTOR -- Acceptance of Insurance....................................5.14 Communications.......................................6.2, 6.9.2 Continue Work ..... ....................__.1......._ 629, 10.4 coordination and scheduling ......................... .69.2 definition of_ ............................... 1,13 Limited Reliance on Technical Data Authorized........................_._............4 22 May Stop Work or Terminate,.._..._ .,,__... .... 15.5 provide site access to others.,,,,.. ................ 7.2, 132 Safety and Protection... ..... ........ .. 4.3'.1.2, 6.16, 6.18, ......... ......................6.21-6.2172, 132 Shop Drawing and Sample Review Prior to Submittal, ........ ......................... 6 25 N11 Stop Work requirements,,,,__..........................4.52 CONTRACTOR's— Article or Paragraph Number Compensation..... ........................ _.............I I.1-11.2 Continuing Obligation.....................................14.15 Defective Work ........... ....................9.6, 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency .................. ....... ...... ...... 6.23 Defects in Work of Others., .................... 7.3 Differing conditions423 Discrepancy in Documents.,,,.,,. 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated... .... ,,.,4.3.2 Emergencies, ............... ....... ........................ 6.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.53 Fee --Cost Plus11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee ............ _ ... _.... 6.30 Hazard Communication Programs ......... ....... ..2^_ Indemnification_...._._...............6.12, 6.16, 6.31-6.33 Inspection of the Work ........................ 7.3, 13.4 Labor, Materials and Equipment_._ .... ... ..... 6.3-6.5 Laws and Regulations, Compliance by ........ ...6.14.1 Liability Insurance .... ................ 5.4 Notice of Intent to Appeal ..... _.............. ......9.10, 10.4 obligation to perform and complete the Work....................................................6.30 Patent Fees and Royalties, paid for by................6.12 Performance and Other Bonds ............................5.1 Permits, obtained and paid for by._._,.. 6.13 Progress Schedule ................. 2.8, 2.9, 6.6, ...... ................................... .29, 10.4, 152.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9,11 Responsibilities -- Changes in the Work,.... ................_.10 1 Concerning Subcontractors, Suppliers and Others......................................ti.8-ti.l l Continuing the Work .............. ...... ... _6.29, 10.4 CONTRACTOR s expense. _. , _ .... _......... _... 6.7.1 CONTRACTOR's General Warrantv and Guarantee ......................... 6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal..,.,, .... 625 Coordination of Work_.,._,,,_._ . .... ..........6.9.2 Emergencies. _.... _.......................... _.. _... 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ..... ...... ... ........ _6.7.3 For Acts and Omissions of Others ............... ... _6.9.1-69.2_, 9.13 for deductible amounts, insurance.. ........ 5.9 general........................................6, 72, 7.3. S 9 Hazardous Communication Programs ........ _6.12 Indemnification...,,,, 6.31-633 E]CDC GENERAL CONDITIONS 1910-8 0990 EDITION) wi CITY OF FORT COLLINS MODIFICATIONS (REV 9l99) Labor, Materials and Equipment .............. 6.3-6.5 CONTRACTORS --other,_._.., Laws and Regulations.._........................_...6.14 Contractual Liability Insurance, Liability Insurance... ... ... ...... I ..................... _. 5.4 Contractual Time Limits Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties,.. .......................... 6,12 Perm its ........................... ............................ 6.13 Progress Schedule ......................................... 6.6 Record Documents....................„._.__.__.....,._.6.19 related Work performed prior to ENGINEER's approval of required submittals.............................................6.28 safe structural loading .............. ...._.............. 6.18 Safety and Protection... ................. 6.20, 7.2, 13.2 Safety Representative..,.._.. ........................ ...621 Scheduling the Work..................................6.9.2 Shop Drawings and Samples ....................... 6.24 Shop Drawings and Samples Review by FNGINF,ER......................................6.26 Site Cleanliness... .......................................6.17 Submittal Procedures,,.,..... I .................... -.... 6.25 Substitute Construction Methods and Procedures... ... Substitutes and "Or -Equal" Items.................6.21 Superintendence ............. ..................... ........ .6.2 Supervision .................................................. 6.1 Survival of Obligations .................... ....... ..... 6.34 Taxes......................................................... 6.15 Tests and Inspections.... ....... - ............... 13.5 ToReport ..................................................... 2.5 Use of Premises ........._,.„_.._.6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 625 Right to adjustment for changes in the Work ,,,10.2 right to claim ............ 4, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, ._11.9,12.1,13.9,14.8,15.1,15.5,17.3 Safety and Protection .................. 6.20-6.22, 7.2, 13.2 Safety Representative ...,,,,,...,_....._.,,.._.. 6.21 Shop Drawings and Samples Submittals ,.... 6.24-6.28 Special Consultants ...... .. ............................. 11.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense_, 6.7.2 Subcontractors, Suppliers and Others,........, 6.8-6.11 Supervision and Superintendence,_....._6.1, 62, 6.21 Taxes, Payment by. ........ ............................... 1...6.15 Use of Premises ........................................ 6.16-6.18 Warranties and guarantees.,,,_„ ............... ... 6.5, 630 Warranty of Title ...,.,_,.,., 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ... _,._.15.5 Reports of Differing Subsurface and Physical Clonditions_...., _ ... _. _ _ _... 4.2.3 Substantial Completion ..................... .......... 14.8 vill .................... ..........? ..........................5.4.10 12.2 Article or Paragraph Number Coordination_ CONTRACTORS responsibility......... _. _........... 6.9.2 Copies of Documents. 2.2 Correction Period..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general ,,,,,,,,,,,,,................ __.10.4.1, 13.10-13.14 Acceptance ofDefective Work ....... .................... 3.13 Correction or Removal of Defective Work .__..,......„...................6.30, 13.11 Correction Period ........ .... .._.............. ..............13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections„ ......... I ............ ............. 13.4 Records]1.7 Cost of the Work -- Bonds and insurance, additional., ................ 11.4.5.9 Cash Discounts ..............................................11.4.2 CONTRACTOR'S Fee...._..,__...._...,..,.,.-._.._..11.6 Employee Expenses .... .......___ ........ .. .,_I1.4.5.1 Exclusions to....................................................11.5 Generall1.4-11.5 Home office and overhead expenses ................... 11.5 Losses and damages 11A.5.6 Materials and equipment. _. _.,. l 1.4.2 Minor expenses ............. ....11.4.5.8 Payroll costs on changes... ........ ...... _... 11.4.1 performed by Subcontractors_. ........ _ , _. _ _ _...... .11.4.3 Records l l.7 Rentals of construction equipment and machinery.,.____ ................ 11.4.53 Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary facilities ................11.4J.2 Special Consultants, CONTRACTOR's............ 11.4.4 Supplemental ........ ......................11 A.5 Taxes related to the Work ......... ............. ......1,1.4.5.4 Tests and Inspection...,..,. ............................... ]3.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities..............11.4.5.7 Work after regular hours ............... 11.4.1 Covering Work............_................................13.6-13.7 Cumulative Remedies .............. ........ ...... _17.4-17.5 Cutting fitting and patching ....... .............. _.......... 7.2 Data, to be furnished by OWNER... _.,... ................ .... 8.3 Day --definition of................................................17.2.2 Decisions on Disputes....._..............................9.11, 9.12 defective--cefinition of_ .......... ............. 1 14 defective Work-- Acceptance of ........ ........................... .10,4.1, 13,13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATI ONS (REV 9/99) Construction Document Ordering Instructions (Download a complete PlanWell 4.0 Ordering Guide from www.planwell.com) 1. GO TO: www.mercury-ldo.com 2. SELECT: Denver Links: "Plan Well" PIsal we�.aie�L;nne I..yegas..e.... oesa eEl lM1P IOCell.......... . LesYeg``as Links 53.�. PIanllVell' 3. SELECT.: Public Planroom:."GO" F Denver Links NtercLu'y/LII0 Colorado [Ieorouagy2 s home) p i p P41a1 Well d g P ft4 ft }±S Digital Document Management & Distribution Less, n"F , yri'. _... _...... .. Awl", yam,: z+am �r r UserName Ping Wubric Pl*om A. ..,, Air Gdtalg 3rtN@[ Password. No Login."Wrad i , � Jl fYf t �3i tl Y i 6i. _... i9l itnl VMi IYd45N01 t1� I'ahf( gnt:ofl i Not amambarywz _ sign va nuw ', YGiUumz±ri ACc655 Ulelyt I SELECT: the desired "Project Number" from the list 07/2001 Section 00020 Page 3 Correction or Removal of.....................10.4.1, 13.11 OWNER's Representative,.........,,,,,,,_.,.... 9.1 Correction Period ......... .......... .....13.12 Payments to the CONTRACTOR in general ............... _......_....-........_13, 14.7, 14.11 Responsibility for ..... ................... ............ 9.9, 14 RecommendationofPayment ....................14.4, 14.13 Article or Paragraph Number Article or Paragraph Number Observation by ENGINEER„ ................... _ _ ....... 9.2 OWNER May Stop Work .......... ................... .--- 13.10 Prompt Notice of Defects...................................13.1 Rejecting........................................................... 9.6 Uncovering the Work_.......................I.............13.8 Definitions I DelaysI .....................................4.1, 6,29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance, „............ .. ......... ..2.7 Determ inations for Unit Prices .................................. 9.10 Differing Subsurface or Physical Conditions -- Noticeof.........................................................4,2.3 ENGINEER's Review ...................................... 4.2.4 Possible Contract Documents Change .............. 4.2.5 Possible Price and Times Adjustments .... .... .... 4.2.6 Discrepancies -Reporting and Resolving_ ..... .................. 2.5, 3.3.2, 6.14.2 Dispute Resolution -- Agreement...... _.......................... _.... _....16.1-16.6 Arbitration......... _ _ ....................... _.........16.1-16. genera116 Mediation........................................................16.6 Dispute Resolution Agreement ....................... ..16.1-i 6.6 Disputes, Decisions by ENGINEER.._ .............. 9.11-9.12 Documents— Copiesof.. 2 ..................................................... Record 6.19 ...' Reuseof.............................................................3.7 Drawings --definition of __ ............... .................... -1.15 Easements.............................................................4.1 Effective date of Agreement -- definition of ..... _...... _ 1.16 Emergencies ........ _,...6.23 hN GFNEL^ R- as initial interpreter on disputes . ............... .11-912 definition of ....................................................... 1.17 Limitations on authority and responsibilities. — Replacement of .................................................. Resident Project Representative ..............._9.3 ENGINEER'S Consultant -- definition of ..................... 1,18 ENGINEER's-- authority and responsibility, limitations on ......... 9 13 Authorized Variations in the Work ....................... 9.5 Change Orders, responsibility for ....... 9.7, 10, 11, 12 Clarifications and Interpretations, .............3.6.3, 9.4 Decisions on Disputes..........................._-9.11-9.12 defective Work, notice oF..__ _.... 13.1 Evaluation of Substitute Items 6.7.3 Liability ...... ...-'...... ....._....... ...................6.32.9,12 Notice Work is Acceptable ......... ............. _.,,,_,14,13 Observations......, ._.,....._ ._¢.302, 92 Responsibil ities--Limitations on ......... ....... 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ............................. 424 Shop Drawings and Samples, review responsibility... ........_... _........................... 6.26 Status During C(nstruction-- authorized variations in the Work.................9.5 Clarifications and Interpretations ..................9.4 Decisions on Disputes ......................... 9.11-9.12 Determinations on Unit Price 9.10 ENGINEER as Initial Interpreter .......... 9.11-9.12 ENGINEER's Responsibilities ... . ........... . 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities .............................. 9.13 OWNER's Representative ......_......,...._9.l Project Representative, .... ............................. 9.3 Rejecting Defective Work,,,,,,,,,,,,, ............... _9.6 Shop Drawings, Change Orders and Payments, ........... ............. ........ 9.7-9.9 Visits to Site.......... _ ........ _.. _......... _ ....... _ .. 92 Unit Price determinations.._,...,., _.....................9.10 Visits to Site ................................................ 1.2 Written consent required... _ ............. ....... . . .. 7.2, 9.1 Equipment, Labor, Materials and,,,,,,,,,,,,,,,_...,,. ......................... Equipment rental, Cost of the Work ................... 11.4.53 Equivalent Materials and Equipment ... _.,_................ 6.7 error or omissions .............................................. ...... 6.33 Evidence of Financial Arrangements ................... _ J.I I Explorations of physical conditions ........... .............4.2.1 Fee, CONTRACTORs--Costs Plus ..........................11.6 Field Order -- definition of........ .......... ....... ........... ....._.........1.19 issued by ENGINEER ............ ...... ........ ,.._.3.6.1, 9.5 Final Application for Payment.......,,,,_ .. ...............14.12 Final Inspection , ...... ,..,,.. .............14.11 Final Paruent-- and Acceptance..._....................„__......14.13-14.14 Prior to, for cash allovances................._,,,,....„.11.s General Provisions, ........................... ......... ... 17.3-17.4 General Requirements -- definition of ....................................................... 120 principal references to, .... ..,,_...2.6, 6.4, 6.6-6.7, 6.24 Giving Notice...- ..... ...._........ 17.1 Guarantee of Work --by CONTRACTOR,_, „_ti.30, 14,12 Hazard Communication Programs.... .. ........ ...622 Hazardous Waste -- definition of....................................._..__......_121 general _._ .. 4,5 OWNER's responsibility for ....... ......, 8,10 ix EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION)) wi CITY OF FORT' COLLINS MODIFICATI ONS (REV 9/99) Indemnification... Initially Acceptable Schedules.._.. Inspection -- Certificates of ................. ...... _ Final .................................. 602, 6.16, 6.31-6.33 Insurance....._............................................._.._,5.3 _.................19 Precedence, .................. ........ ............ ....._. 1, 3.3.3 Reference to...................................................3.3.1 9.13A, 13.5, 14.12 Safety and Protection ................................ 6,20, 132 ............ ._. 14.11 Subcontractors, Suppliers and Others..,_, ...... 6.8-6.11 Article or Paragraph Article or Paragraph Num ber Num ber Special, required byENGINEER ......................... 9.6 Tests and Approval_ ................... ...... .7, 13.3-13.4 Insurance -- Acceptance of, by OWNER..... _. _ . ....... .. . ...... _ 5.14 Additional, required by changes in the Work............................................11.4.5.9 Before starting the Work.....................................2.7 Bonds and --in general..........................................5 Cancellation Provisions, ..................................... 5.8 Certificates of .......... 2 7, 5, 5.3, 5.4.11, 5.4.13, ........................5.6.5, 5.8, 5.14, 9. D A, 14.12 completed operations..,. ........5.4,13 C_ONTRACTOR's Liability 5.4 CONTRACTOR's objection to coverage.............5.14 Contractual Liability.....................................5.4.10 deductible amounts, CONTRACTOR's responsibility......... _ .. _.... _......... ................. 5.9 Final Application for Payment ........... _ ...... 14.12 Licensed Insurers ....... ............. .._..............._.....5.3 Notice requirements, material changes ........ 5.8, 10.5 Option to Repaace...,...,.,, ......5,14 other special insurances.,._.., .. 5.10 OWNER as fiduciary for insureds. .............. 5.12-5.13 OWNER's Liability .................. _............. ....................... 5.5 OWNER's Responsibility . .... ... .. .. ...... ...................8.5 Partial Utilization, Property Insurance ............... 5.15 Property......... ..... 5.6-5.10 Receipt and Application of Insurance Proceeds... _.........................................5.12-5.13 Special Insurance ..................... .............. _.......5.10 Waiver of Rights .............................. ................ 5.11 Intent of Contract Documents .................. _.,,,.,, 3.1-3.4 Interpretations and Clarifications .....................3.6.3, 9A Investigations of physical conditions ........ ........... _ _ 14.2 Labor, Materials and Equipment..._ ....,_........... ................... Lands -- and Easem ents...................................................8.4 Availability of............................................4.1, 8A Reports and Tests...............................................8.4 Laws and Regulations --Laws or Regulations-- Bonds....__....................._.__.................,.5.1-52 Changes in the Work .................._..._.... 10.4 Contract Documents ........................... „......3.1 CONTRACTOR's Responsibilities ...... ............ _ _6.14 Correction Period, defective Work,,, _...... ...... ...13.1-1 Cost of the Work, taxes. ,.. ...... _.. I 1 A.5. 4 definition of...._......_.........._.... _......._..........1 22 genera16.14 Indemnification .................... .._, 6.31-6.33 x Tests and Inspections,..,._............................13.5 Use of Premises ........................................ _...... 6.16 Visits to Site............................................_.._.....9.2 Liability Insurance-- CONTRACTORs................................................5.4 OWNERS.......................................................... 5.5 Licensed Sureties and Insurers ........ ................ 5.3 Liens -- Application for Progress Payment...... _, _ _ _.. _...14.2 CONTRACTOR's Warranty of Title ........... ....... 14.3 Final Application for Payment .........................14.12 definition of .......................... .......................... . 1.23 Waiver of Claims .......................... _...... _ ......,14.15 Limitations on ENGINEER'S authority and responsibilities ................................................. 9.13 Limited Reliance by CONTRACTOR Authorized....._..............._......................_.....4.2.2 Maintenance and Operating Manuals -- Final Application for Payment...... _........... .....14.12 Manuals (o£ others)- Precedence ................................................... 3.3.3.1 Reference to in Contract Documents .................... 3.3.1 Materials and equipment -- furnished by CONTRACTOR .............. 6.3 not incorporated in Work_._....,._,_......._, 14.2 Materials or equipment --equivalent...._.._......... ..6.7 Mediation (Optional)...._.......................................16.7 Milestones --definition of ............. I ........... _...._. 1.24 Miscellaneous -- Computation of Times .......... ........... .... .._.........J 72 Cumulative Remedies....................__...............,17.4 Giving Notice ................ ....................... I Notice of Claim ....... _.._....................................17.3 Professional Fees and Court Costs Included .......... 17.5 Multi -prime contracts. ._..................................... _. _. 7 Not. Shown or Indicated .................. _._..._.............4.32 Notice of. - Acceptability of Project ........................._......... 14.13 Award, definition of Claim........__............._................................17.3 Defects, 13.1 Differing Subsurface or Physical Conditions.._.. 4.2.3 Giving ........ ..... ....... ......... 17.1 Tests and Inspections ............... _.....,133 Variation, Shop Drawing and Sample ........ ......... 6.27 Notice to Proceed -- definition of ,........_.,_...._,..1.26 giving of .. ....... _ ........................... 2.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WICITY OF FORT COLLINS MODIFICATIONS (REV 9199) Notification to Surety ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,__....._ ... 10.5 Observations, by ENGINEER...........................6.30, 9.2 Occupancy of the Work ................... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ...... ........ 6.9, 9.13 Open Peril policy form, Insurance .................. ...... _ 5.6.2 Option to Replace ................................................... 5.14 Article or Paragraph Number "Or Equal" Items.. .... ............................................... 6.7 Other work 7 Overtime Work --prohibition of.................................6.3 OWNER -- Acceptance ofdefechbe Work. ..... ...... ....... appoint an ENGINEER .......... ... ..... ................... ..8.2 as fiduciary ....................... ................... ..... 5.12-5.13 Availability of Lands, responsibility ....................4.1 definition of ....................................................... 1.27 data, furnish......................................................8.3 May Correct Defective Work...........................1.3.14 May refuse to make payment..........................„.14.7 May Stop the Work .................... ....._._........... 13.10 May Suspend Work, Terminate ................._.......,8.8, 13.10, 15.1-15.4 Payment, make prompt. ............. ...... 8.3, 14.4, 14.13 performance of other work_, .... - ... I ...................... 7.1 permits and licenses, requirements..__.._...,,,. 6,13 purchased insurance requirements ............. 5.6-5.10 OWNERS -- Acceptance of the Work, ..... .................... ... 6.30.2.5 Change Orders, obligation to execute,.......,, 8.6, 10.4 Communications ............................................. 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision.....__.._,,,,.„__......9.11 Inspections, tests and approvals..................8.7, 13.4 Liability Insurance..............................................5.5 Notice of Defects ............................................... 13.1 Representative --During Construction, ENGINEERS Status 9.1 Responsibiiiti es -- Asbestos, PCBs, Petroleum, hazardous Waste or Radioactive Material ................. 8.10 Change Orders ...... ........._ .......... ............. .....8.6 Changes in the Work. ,,., _...... ...... ..... I .......... 10.1 communications ............................. ............... 8.1 CONTRACT ORs responsibilities... ........ ....... 8.9 evidence of financial airangements......I...,..8.11 inspections, tests and approvals.....................8.7 insurance...................................................... 8.5 lands and easernents......... ........................... 8A prompt payment by., . ...... ..... .......... ............. 8.3 replacement of ENGINEER ... ... reports and tests ...... _.__..._ ......................... _.8.4 stop or suspend Work ..,............... 8.8, 13.10, 15.1 terminate CONTRACTOR's services .................... _.................... 8.8, 15.2 separate representative at site...........................__.9.3 Xi testing, independent ..... ........ ....... .._...,....... _,...13A use or occupancy of the Work .........................5.15, 6.30.2.4, 14.10 written consent or approval required........................................9.1. 6.3, 11.4 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required ........................7.1, 9. 4, 9. 11, ....................... I I., 11.9, 14.7, 15.4 PCBs -- definition of 1.29 general., ..... 4.5 OWNER's responsibility for ................................ 8.10 Partial Utilization— definition of 1.28 general 6.30.2.4, 14.10 Property Insurance .......................... .........5.15 Patent Fees and Royalties ...... .............. ........ ......... 6.12 Payment Bonds 5.1-5.2 Payments, Recommendation of..... ......... 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ........... _ ...... _ 14.2 CONTRACTORs Warranty of Title ................... 14.3 Final Application for Payment ............... .......... 14.12 Final Inspection ......... .............. ................. 14.11 Final Payment and Acceptance .... I ..... '' .... 14.13-14.14 general .......... . . ....... 8.3, 14 Partial Utilization 14.10 Retainage.... .......... .............................. ...... __14.2 Review of Applications for Progress Payments ....................... .... 14.4-14.7 prompt payment....._._.._.._.._.. ....... ......... 1 .81 Schedule of Values... ...... . ........... 14.1 Substantial Completion .................. .. ........ 14.8-14.9 Waiver of Claims 14.15 when payments due ................................. 14.4, 14.13 withholding payment ........... 11 .......... I .... - ..... ... ... 14.7 Performance Bonds .................... ............ ... 5.1-5.2 Perm its 6.13 Petroleum -- definition of 1.30 general.... ......... ............... ................... . 4.5 OWNER's responsibility for............ I ................... 8.10 Physical Conditions -- Drawings of, in or relating to... .......... ........ _.4. 2.1.2 ENGINEER's review, � .......... ........... ... _ ......... 4 2.4 existing structures_._,,.,,._ .... I ........... ....... 4.2.2 general4.1.1.2 ..................... .......... .................. Notice of Differing Subsurface or 4,2.3 Possible Contract Documents Change,,,,,,, ........ 4,15 Possible Price and Times Adjustments, .... I ....... -4.2.6 Reports and Drawings...._.........._........ Subsurface and 4.2 Subsurface Conditions.... .......42.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized. ......................4.2.2 Underground Facilities— general. ...... _ ......... _ ........... .......... ........... 4.3 Not Shown or Indicaed .. ...... ........ . . ....... 4.3.2 Protection of............_ . ............... ...... 4.3,6,20 Xii Article or Paragraph Number Shown or Indicated ......... ............... .................. 4.3.1 Technical Data 4.12 Preconstruction Conference.- ..... ........ ...... 1.112.9 Preliminary Matters......... 1) ............. ............................ Prelim inary Schedules..... _ ......... .......................... _22.6 Premises, Use of.. I ............. ........ 6.16-6,18 Price, Change of Contract ....... ........... ............... I I Price, Contract --definition of .................... ............. 1.11 Progress Payment, Applications for ................ ......... 14.2 Progress Payment--yetainagq ... ... . ....... _ .. ....... 14.2 Progress schedule, CONTRACTORs ........... 2.6, 2.8, 2.9, ..... .......... 6.6, 6.29, 10.4, 15.2.1 Project --definition of 1.31 Project Representative— ENGINEFRs Status During Construction .............9.3 Project Representative, Resident --definition of ......... 133 prompt payment by OWNER. ......... I ........... I ........... _ S. 3 Property Insurance -- Additional 5.7 general5.6-5. 10 Partial Utilization ................................ 5.15, 14. 10.2 receipt and application of proceeds........... 5.12-S. 13 Protection, Safety and.. ...... 6.20-6.21, 13.2 Punch list 14.11 Radioactive Material-- defintionof .....................................................1.32 general4.5 OWNER's responsibility for .............................. 8,10 Recommendation of Payment .......... ...... 144, 14,5, 14,13 Record Documents..........._ ..................... 6.19, 14,12 Records, procedures for maintaining ..........................2.8 Reference Points 4.4 Reference to Standards and Specifications of Technical Societies 33 Regulations, Laws and (or) ................ ....... ...... _ 6.14 Re - iectinp De ' fective Work... . ....... ...... I... .... 9.6 Related Work-- at Site 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review, ....................6.28 Remedies, cumulative 17.4, 17.5 Removal or Correction ofDeIacfive Work,...... _... 13.11 rental agreements, OWNER approval required 11 A5.3 replacement of ENGINEER, by OWNER..... ... ........... S.12 Reporting and Resolving Discrepancies ........... 2.5; 3.12, 6 14.2 Reports -- and Drawings .... ....... ......... _ ........ ....... _ ....... 4.2.1 and Tests, OWNERS responsibility, .. ..... . 1 8 4 Resident and Project Representative -- definition of.. 1. . 1 1. .. - 1. 1 ...... ....-.1.33 provision for .... ......... . ..... _ ....... __ ............... ......... 93 EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION) w! CITY OF FORT COLLINS MODIFICATIONS IREV 9199) Article or Paragraph Number Resident Superintendent, CONTRACT'OR's... ,___.,_... 6.2 Responsibilities- CONTRACTOR's-in general,,,,,,,,,,,,,,,,,,__.....__..-_.. 6 ENGINEER's-in general ....... .......... ................. ....„9 Limitations on.............................................9.13 OWNER's-in general.............................................8 Retainage............................................................14.2 Reuse of Documents ................................................... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal., ............... . ..... . 6.25 Review of Applications for Progress Payments .................................... 14.4-14.7 Right to an adjustment............._............................10.2 Rightsof Way ........................................ _................4.1 Royalties, Patent Fees and....................__.__,....,,,,.6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.3.2, 6 16, 6.18, .. ....... ......... ....6.20-6.21, 7.2, 13.2 general ............................. ..... ........... ....-.6. 20-6.23 Representative, CONTRACTOR's........... ..... ...6.21 Samples -- definition of 134 general .................................................... 6.24-6.28 Review by CONTRACTOR .......... _... . ................6.25 Review by ENGINEER . ....................... _.. _ 6.26, 6.27 related Work..................._..............................628 submittal of ................................................... 6.24.2 submittal procedures ........................ 6.25 Schedule of progress_.... _ _.. .... . ............. 2.6, 2.8-19, 6.6, ........ .. _..... ..... ....6.29, lii.4, 152.1 Schedule of Shop Drawing and Sample Submittals................_............1.6, 2 8--2.9, 6,24-6.28 Schedule of Values..............................2.6.. 28-2.9, 14.1 Schedules -- Adherence to.................................................15.2.1 Adjusting...........................................................6.6 Change of Contract Times _......_.,_, .................. 10A Initially Acceptable ......... .............. .............2.8, 2.9 Preliminary ........................................................ 2:6 Scope of Changes,,,,_...........................___10 3-10.4 Subsurface Conditions.-., ..................... ............ 4.2.1,1 Shop Drawings -- and Samples, general...._.......,_.„.,_._.,.___,6.24-6.28 Change Orders & Applications for Payments, and ............... ........................ ,9.7-99 definition of _ 1.35 ENGINE.ER's approval of ., 3.6.2 ENGINEER's responsibility for review ............... _....... _.......... _ 9.7, 6.24-628 related Work _......_.628 review procedures ................... ............2 8, 6.24-6.28 Article or Paragraph Number submittal required ............................................... 6.24.1 Submittal Procedures 6.25 use to approve substitutions... ........... _ _,.... _. , _.. _ _ 6.7.3 Shown or Indicated.............................................. .. 4.3.1 Site Access.... ..................................................7.2, 13.2 Site Cleanliness........._...........................................6.17 Site, Visits to -- by ENGINEER ............... ......... .................9.2, 13.2 by others ... _... _ ................ _.... 13.2 "special causes of loss" policy form, insurance ....................................................... 5.6.2 definition of.....................................................1.36 Specifications— debnation of..._............................._._......_.....1.36 of Technical Societies, reference to, ........... ..... _33.1 precedence ..... ...... ......... ................3.3.3 Standards and Specifications of Technical Societies 3.3 Starting Construction, Before ,,,,,,,,,,,,,,,,.............. _2.5-2.8 Starting the Work„ „_.... 2. Stop or Suspend Work -- by CONTRACTOR ................. _........ .........15.5 by OWNER.........._.................__....9.8, 13.10, 15.1 Storage ofmaterials and equipment._...,.,.,,__.,_,.. 4.1, 72 Structural Loading, Safety ............ I ........................... 6.18 Subcontractor -- Concerning.......... _....................................6.8-6.11 definition of.. ........... ................................... ...„1.37 delays...........................................................12.3 waiver of rights.. ..... .................................6.11 Subcontractors --in eeneral............... ......._....._..6.8-6.11 Subcontracts --required provisions .......... 11, 6.11, 11.4.3 Submittals -- Applications for Payment ...... ..........._....._.., . 14.2 Maintenance and Operation Manuals..............14.12 Procedures . _.. .............................................. 6.25 Progress Schedules........ _.... _.......... ._.... ....2.6, 2.9 Samples ............................................ _.....624-6, 28 Schedule of Values ........... .._„_..... ..... 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .... ........... ..........._._.....2.6, 2.8-2.9 Shop Drawings .......... ............... ....... ..... 624-6.28 Substantial Completion -- certification of............................E,.30.2.3, 14.9-149 definition (if..._........_..........:........._................1.38 Substitute Construction Methods or Procedures 6.72 Substitutes and "Or Equal" Items ................. 6.7 CONTRACTOR's Expense ,,..,.. ....... 6.7 1.3 ENGINEER's Evaluation... _... _......... _.......... 6.7.3 "Or -Equal" .............. . Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910-8 41990 EDY110N) w%CITY OF FORT COLLINS MODIFICA'DONS (REV 9199) Article or Paragraph Number or Procedures.............................................. 6.7.2 Substitute Items ............................................. 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relathg to ........................ 4.2.1.2 ENGINEER's Review 4.2.4 general.......... .....42 Limited Reliance by CONTRACTOR Authorized__ ............._......._... _ _.4.2.2 Notice of Differing Subsurface or Physical Conditions_„......................................4.2.3 Physical Conditions.,_,_......_ ........................4.2.1.2 Possible Contract Documents Change.. ..... ... .... . .. 4.2.5 Possible Price and Times Adjustments _......4.2.6 Reports and Drawings ...................................._. .11 Subsurface and ..................................................... 4.2 Subsurface Conditions at the Site ..............4.2.1.1 Technical Data, ................................................4.2.2 Supervision— CONTRACTOR's responsibility,..... , .... , _ .... . . . . .. ... 6.1 OWNER shall not supervise......,, _..._................89 ENGINEER shall not supervise..... ._.._ - 92, 9.13.2 Superintendence._.._......._............._......_..............62 Superintendent, CONTRACTOR's resident... ....... . -6.2 Supplemental costs ......... .......... ......... _........... _...... 11.4.5 Supplementary Conditions -- definition of......................................................1.39 principal references to.................1.10, h I S, 2.2, 2.7. .................... _. 4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ........ _._,._ 5.11, 6.8, 6,13, 74, 8,11, 9.3, 9.10 Supplementing Contract Documents. __,........ .._,...... _3.6 Supplier -- definition of......................................................1.40 principal references to ......... _,3.7, 6.5, 6.8-6,11, 6,20, Waiver of Rights. ...... ...... Surety -- consent to final payment .......................14.12, 14.14 ENGINEER has no duty to 9.13 Notification of._.._,,......_._._..__,._-....Ul.l, 10.5, l5 2 qualification of ......... . _1.1.1.5.1-5.3 Survival of Obligations. - ....... I——..............6.34 Suspend Work., OWNER May ...................... 13,10, 15.1 Suspension of Work and Termination-,-.._ ................15 CONTRACTOR May Stop Work or Terminate ................................................ 15.5 OWNER May Suspend Work .......... ... .... _...........15.1 OWNER May Terminate._ _.. ............. _ 15.2-15.4 T axes--Paym ent by CONTRACT OR. , .. _. ,... _ _ .. _ .,.... 6.15 Technical Data-- LimitedRelianceby CONTRACTOR. .... 4.22 Possible Price and Times Adjustments..............42.6 Reports of Differing Subsurface and Physical Conditions .... _.._.................4.2.3 xlv Temporary construction facilities.... Al Article or Paragraph Number Termination— by CONTRACTOR ..... .................................... 15.5 by OWNER .................. I ....... ... .... .__.,4.8, 15.1-15.4 of ENGINEER's employment .............................. 8.2 Suspension of Work-in general,.._ ................. . ....15 Terms and Adjectives..............................................3.4 Tests and Inspections-- Access to the Work, by others ............ ..... ....... ..13.2 CONTRACTOR's responsibilities._.,,_ ..............13.5 cost of 13.4 covering Work prior to .,,....... _,,._ .............13.6-13.7 Laws and Regulations (or) ........ .............. ,._,.,_ 13.5 Notice of Defects.._ 13.1 OttTIER May Stop Work.. ............... 13 10 OWNER's independenttesting ..........................13.4 special, required by ENGINEER,,,,,,, timely notice required ....................................... 13.4 Uncovering the Work, at ENGINEER's request................................................ Times -- Adjusting.......... _...................... ............... ,_.. 6.6 Change of Contract —....... _......... _ _....................12 Computation of............__......_................__....172 Contract Times --definition of1.12 day _ .......................... � ........... 1.Z�.2.. Milestones..........................................................12 Requirements -- appeals................................................. 9.10, 16 clarifications, claims and disputes„............._.9.11, 11.2, 12 Commencement of Contract Times ................ 2.3 Reconstruction Conference............................. 2.8 schedules ......................................... 2.6, 2.9, 6.6 Starting the Work _...................................2.4 Title, Warranty of....................................................14.3 Uncovering Work, ........_.._......... ...._............... 13.8-13.9 Underground Facilities, Physical Conditions_ definition of......._......__ ................_........_. ...1.41 Not Shown ar Indicated.......... _..............._..... 4.3 2 protection o1'._....,, , 4.3, 620 Shown or Indicated....................__.,_...._..._.....4.3.1 Unit Price Work-- claims.........................................................11.9.3 definition of......_.............._........._................_1 42 generalll.9, 14.1, 14.5 Unit Prices -- general l 1.3.1 Determination for ........................... _.._..........9,11) Use of Premises ....................... ....... 6.16, 6,18, 6.30.2 4 Utility owners_ ..........................6.13. 6.20, 7.1-7.3, 132 Utilization, Partial ............ ..... 128, 5.15. 6 30.2.4, 14_lll Value of the Work- . _....I........... _..... ....... I........... 11.3 Values, Schedule of ............................ 2.6, 2.8-29, 14.1 EJCDC aFNERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized . ....... ................................ 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER_,,, _. .... . ......... .............. 9.2 Waiver of Claims --on Final Payment__ .............. ... 14.15 Waiver of Rights by insured parties„ ................ 5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ............. ............ ....... ........ __6.30 Warranty of Title, CONTRACTOWs ........................ 14.3 Work -- Access to byothers .................... _ ........... ................. ...... 7 Changes in the ..... ... ............... .... ... ­­­ .......... . To Continuing the ..................................................6.29 CONTRACTOR May Stop Work or Terminate .. . _ � .... .... ........ ........ ........... 15.5 Coordination of.. ......... ........................ ......... . 74 Cost of the HA-11.5 definition of 1.43 neglected by CONTRACTOR„ _.................... _ J 3.14 other Work OWNER May Stop Work........._ ........... I ...... 13.10 OWNER May Suspend Work ...................13.10, 15.1 Related, Work at Site._........_.._..... ......... .- 7.1-7.3 Starting the,.... _ .......... ..... ­. _1 ...... -1.1 ...... -.'A Stopping by CONTRACTOR 15.5 Stopping by OWNER ............ ­11 .... ............ 15.1-15.4 Variation and deviation authorized, minor.........._ 1.6 Work Change Directive -- claims pursuant to ........................... ............. .. definition of ... ­.. I I ..... ...... I ... I.. I ................... 1. I ..... L44 principal references to......................3.5.3, 10.1-10.2 Written Amendment -- definition of 1.45 principal references to *........... I . 10, 3.5, 5.10,15.12, .....................6.6.2, 6.8.2, 6,19, 10.1, 10.4, .......I................11.2. 12.1, 13.12.2, 14.T2 Written Clar;f'cPti'_'rM and Interpretations ...................... ........... 3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR, ... ...... ... 7 . 1, 9,10-9.11, 10. 4, 11.2, 12.1 by OWNER ........ ........... 9. 10A, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-841990 EDITION) wi CITY OF FORT COLLINS MODIFICATIONS (REV 9199) (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 13. Application for Payment --The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1 A. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents --The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtim) wi CITY OF FORT COLLINS MODIFICATIONS aEV 42000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement, Shop Drawing submittals approved pursuant to paragraphs 626 and 627 and the reports and drawings referred to in paragraphs 421 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work), 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CON7RACTOR--The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15, Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement --The date indicated m the Agreement on which it becumes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER --The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER'' Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 120. General Requirements —Sections of Division 1 of the Specifications. 121. Hazardous Waste —The term Hazardous Waste shalt have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended front time to time. 1.22.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1:22.b. Legal Holidays --shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 124. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofRward A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER --The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilizahon--Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 129. PCBs —Polychlorinated biphenyls. 1.30. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge. oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project --The total construction of which the Work to be provided under the Contract Documents may be the whole, or a pan as indicated) elsewhere in the Contract Documents. 1.32.a. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-5 (1990 Editiai) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 132.b. Regular N%rkin¢ Hours --Regular working hours are defined as 7:00anr to 6:00pm unlass otherwise s� ecified in the General Requirements. 1.33. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drawings --All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36, Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.39. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substannalty complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplemenuny Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40 Supplier --A manufacturer, fabricator, supplier, distributor, materiahnan or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equilnnent to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities --All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and anv encasements containing such facilities which have been installed underground to furish any of the following services or 5. CLICK: "Most Current Set" to documents available for the proje-ra Order Items by clicking the Mart icon: `'�' Rtn St f..UrrP.nt Set .' "iQal55ue Set Sx� '�'ReviSion 1 *'Pevi-ion 2 ' View the list of Start M Order W-. 7 W Issue Sot 7/29/2002 Architectural 24X36 LBW Issue Set 7/29/2002 Architectural 2036 . 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CLICK: SUBMIT Planwell contacts: Sam Ordway 970-691-2201, sordway@mercury-ldo.com David Bacon-720-220-7683, dbacon@mercury-ldo.com 07/2001 Section 00020 Page 4 materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traff-ic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Der -My orBonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 22 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be Lnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed 2.3. The Contract Tunes will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EICDC GENERAL CONDITIONS I91M (1990 Edtiui) wi CITY OF FORT COLLI14S MODIFICATIONS (REV 4Y2000) if a Notice to Proceed is given, on the clay indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In _ el,entwill the Q _anist Times efBiopening-er e ChtRief#rdey$fle�«Efleet.ve Date Starting the Work. 2 4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days of dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6 2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Eng;ineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts insufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2,7. Before any Work at the site is started, CONTRACTOR and G), at shall eaeh deliver to the e0w OWNER, with copies to ENGINEER, certificates of insurance (and other evidence of insurance reassnably Foquest requested by OWNER) which CONTRACTOR A d QV4co F@SP8,..:, elV .,_, is required to purchase and maintain in accordance with paragraphs 5.4, .-"a 37. Preconstruction Conference: 2.5. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER .and others as appropriate will be hold to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. unless otherwise provided in the Contract Documents, at least to fart —.'-miss ° the before any work at the site begin a conference attended by CONTRACTOR, ENGINEER and others as eppropriate designated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Reouirements CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to r,NGIJJvBER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be. construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim) WICITY OF FORT COLLINS MODIFICATIONS (REV 4/1(Y00) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents, Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and perforated whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If; during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or tale or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 33.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.33.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or anv of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there IS a specific statement inrticatmg otherwise). he use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 15.2, a Change Order (pursuant to paragraph 10.4), or F TCDC GENERAL CONDITIONS t910-3 (1990 Edittat) w'/CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work ma_v be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 95), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or hearing the seal of ENGINEER or ENGINEERS Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availabldity ofLanas: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Nper reasena}TlawrittetrregaesE 1W-NER shall famsh ; \n T-RAGT-0 with a earf I..nds wpon ..,tuGh .1.., w...lrac-rS. be pelf •••. ed-Anad, Of :, aavor'dnee .;trapp.r. a .�s Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. if CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extentof any adjustments in the Contract Rice or the Contract Times as a result of any delay in OWNER:s furnishing these lands, rights -of - way or easements, CONTRACTOR may make a clam therefor as provided in Articles it and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. SubsuditceandPkysicadConditions: 42.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized$ Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGMEER's Consultants with respect to: 422.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.222. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Deering Subsurface or Physical Conditions: If' CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 42.31. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 42.1 and 4.2.2 is materially inaccurate, or 42.3.2. is of such a nature as to require a change in the Contract Documents, or 4233. differ materially from that shown or EJCDC GENER AL CONDITIONS 19 t 0-S (1990 E(fitiar ) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, preniptly immediately, after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 623), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 424. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5 Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect anti document the consequences of such change. 4.0.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2 3.1 through 4.2.3.4, inclusive, 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be. an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 42.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9. Wand 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if. 42.64.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTORS making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEERS Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions -Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have. full responsibility fo : (i; review g and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Doctnnents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.32 Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, prciraptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EIC•DC GENERAL. CONDITIONS 191" 09N Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Doctunerits is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that thev are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEERS Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points.' 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEERS judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial clanger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. An[-2-- ccrF -avwr--`eov�Y� H-SpB^via"--«n CONTRACTOR does not agree to FeSUR10 SlIGhWad- based en a -reasonable -belie€ ue safe1 — does net agFee to FASUMP IQ,ah SS/,..0 ,vAe. ..h speGia sanditions h., ) TINE ney OF&T-3ch pertictref he III I. If 01;4r D and CONTRACTOR ....t as a mutt of dolsting , uGh portion of th@ tr ff4c e_ either t--. may tneka<t--olaia*-tiereF as provided in forsor ethM :- aeeardanseivitk ". 4.5.4. To the West ,. rmitted L. Laws on .. D_.i..tien Onn.rr;D..«,halldeefflniP' and hold harmlaes F'^jTTRAE>=6Fs--�alentrasters; TTa?L-t"-z. ., E4!G "�.EPVs C....,Ct'-air'' elliexrs, diF04%6, etriplFyeet agents, ether sonsukantsd subsextrastani of e,.paidathem fi�� and against ell elftiois, costs, laws an EJCDC GENERAL CONDITIONS 1910-9 (1990 E(itimi) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4)'1000) ARTICLE S--BONDS AND INSURANCE Performance, Payment and Other Bonds: S.I. CONTRACTOR shalt furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5 2, If the surety on any Bond furnished by CONTRACTOR Ls declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within ten clays thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.3. CONTRACTOR shall deliver to CA NER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (anti other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. CPNR R gli li dgaaa er to C=()NTRA(;-,TQ .�eepias—te sash r,._d:tion, .«:r.,iates f _.taease-+aad--atheF :dom-o RF ins ..._. e. F@ sted by PADNTD nCT-8R CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. clauns for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; pePseasF »jtry }isbiFif} eevePage-whieh-aee-9u91eit3e&. by ary P&,say-er rrtdtreetiy-related to the empleynnent of such persen-by athff want 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; EJCDC GENERAL CONDITIONS 1910-8 (1990 Ediaan) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4Y1000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6,33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 0 NFR'sLiability-Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at 0WWM's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: - .•--Par^mow—..xitntein kipen the WeAt at the site at the --,-n - POP- - -.,: L _ _ it or l� OlsonfeFar-that shall at least include risufan6e4ar-13hysteal less of damage to th And Wad- in ttafl-at .._a ..L., tt :_ I the r 11.....: g Per Fa Lire ]ice ma„g,.elaefige4 fepla�4j'-)}Z%fZE}-�irApQf'fj' fib tAg-1313�-AOt I:rimate ltO C___ _- A43d L o__ .f __-o ec._. Rnd afehiteets) 56.4. Geyerials and equipment steered at the cn-'¢`rniaot ict-i9ea4kaPr'ih8t-Vi�i3y. ltxx/AT1:D r to being ineeFpefated in the Wed, Prrevided that SuGh Materials arld equipment have been _eluded'_ an A_plieft".... kw- Payfne4 recommended h.. CTif_iTiL'L'D c-u`n' S- � ,IH� Yr,Y �• �/. �. 1_OWN- 54. _DTI :TCD shall ., _ .elmand m �t�� mid -nla6h. j- llleuixo'wros.., nidd0timal-pr--- �y--1flSItA3E16e nTMaoTII r..�i �cemo I - .1 l6Fifi--aE 1�8wS�aflem-whieiTiV-kl%lAe!Ude- the -wAerest9- of nxvl.Tco rY1Tq AGTQR C..bee.Ametm L�R;GP.1 TCL'D ENGMERUs -etheE-pefeans-ar�teEibi� is deemed to have an insurable inter _ a_d shall be listed a en fsufed maddiaoml-insLLfc� i0erdtmBe-with 5 Q. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in ha 1Pari- to the exterit of OR5. A l.nN41 AFROUnIS thAt OF iderifified in the Supplementary Geaditiem. The risk- a less witifin suah id intifiorl dRdil-Atib"R amount, will be borne by -CO FF . Felt;-Subc-0ntraeteE-er-eflW4sUf£eAng-may .ale Isena n...l :C a ar •he... V.46—h—e.5 ropo�- :r-as7eiiaaoc eow .:ah:_ III, hi -A.. of _ eh ash may _nh„a and . the f�H.nhn ]0 EJCDCGENERAL CONDITIONS 1910-8(1990RCIJUQl) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) -r-rr.-vvrzrcic-eFm-cvrv-a-m-cc,vac-mterArtirtarav palisiesliurahase&ineseefdans.wi6h afegfegh i6 .(..PA5.7 will ,.newt CAW;GD CIITTD G�li�1T�(1�D� �RtlGVii¢$GCBFS, lilYQi[<LDLZ�YfRTII4TFR9 Cspsalaints$nd all eEhBf-pefsanse�entit es identi€lerl ntie C..r.,elemer,anr. Car.a:ti.e..a to he listed as a.3a;cc.si,r nddrtrenal-1As>ifcm-nr�acrr�41eie9-8fld VAI�_Proride .._ damages C.Rusea by the ..arils a..sered thereby. \ I I ., the e ent l.nn ar Anr..naa the i p�n«�i.31_ o tsar And, their .......n«:. a ,.CC...n.n direeters; empleyees aftd agen emsll less-s and damages a sea h.. n e_aeta of er _ .... ; a.-8-y other PFePer1j FAH6C-& kG8ble-tC «he x,�� W..rl.. ^^^^d ui'—Hcanaii9t�wa3ln�T�•c- tim-�i�T—�i@1g�a tfL4t .Shl(3GBSitf9Ei0fTVlr;rl�lt"_"aH}:RS C-eftgultants arid Fill other persons « es n sntifed i the -Sn• pl;lententafy CreadHlens-ta as 'ifLSF3rdE{S'6I-8d . . Messes-and-dan3age;�saaas�,'---*:ana�f-Ehe Neva Party As -el PATW < t 1 1 T.i aaa:tiar, rtxx/AMR as all F hm nn ,SubGmtraGter&, TTTl�TTiPE Pl.il�TATf`L'D la r'.._a..l«..r.a.. _..1 the L'1. T���TpmRR1CS�axSl-�QSG ef4tsers ester n p ayees and agents e�any 4 themr-feE l beyeac�-dxast-p13}n:.ap ya—dmage---10 rlW� QRSIEV ref , . OF whether .errs.)« : a h., rlxxrntCD. n _... 1'a, n -rr>R rv-ty-o"`ao"G�-Homy-T:vmtaln9Eirnr-SEINoEnaa .. lean An._n.a a ease u rAial less rl �rer.a to h'a a.rh G 11 1 shall a _ pfevisiong to the effect tfiat in the «e eventPayment of uGhless .la...aa_ of Receipt and Application of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5,13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers Acceptance of Bonds and Insurance, Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bends er insurance required to be purchased and maintained by the othef p" CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the ebjeettngylall sa nettfy the er petty OWNER will notify CONTRACTOR in writing wtheithin ten fifteen days after resaipt delivery of the certificates (OF e4fer�vidense requested) to OWNER as required by paragraph 2.7. lIlitlwut pf� Ehoe ilyd rega}red-sc�i��a�.g�-rrxcnvarP oJuc�xw s9 flti Frlgbt Rfst � Partial Ufihzarion-PropertpInsurance: 5.75. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial E1CDC GENERAL CONDITIONS 1910-8 (1990 Edmel) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/1000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.1 O; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendenee.• 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents, CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, 31ateraLs andEquiprnent: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, Jay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the. site. Except as otherwise required for the .safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER'S written consent given after prior written notice to ENGINEER_ CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturdav, Sunday, Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume MI responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work, 6.4.1, Purchasing Restrictions. CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5, All materials and equipment shall be of good quality and new, except as otherwise provided in die Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragmph29) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments wilt conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. proposed adjustments in the progress schedule that will change the Contract Times (or Ivlilestones) shall be submitted in accordance with the. requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitules and "Or-Equal"Items. 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDC GENERAL CONDITIONS 191" (1990 Editiai) 12 w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Or -Equal": If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not quatlify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation grid acceptance of the proposed .sub5trtutc will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected 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 Fort Collins a.. James B. O'Neill, II, CPPO, FNIGP Purchasing/Risk Management Director 07/2001 Section 00020 Page 5 by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CON7R4CTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Aletlrods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may fiunish or utilize a substitute means, method. technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINF,ER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable tune within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item o proposed or sub mi ,", by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC GENERAL CONDITIONS 1910-8 (1990 E(litim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 6_9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is without subcontracting). The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. If --the S Bidding Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in adff roe 4the-speeified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,--ancf-if 9..1. nee ...:.L .Le R._1e......,...... r`,... J.,,.,s �d do OWNER's or ENGINEER'S acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of Supplier or other hasis0f1iget�on; L-m—rmieh ease—GQ TT AGT-QR-assrlT:subnHt--an eeeeptahle--substittte, the Comeet--; �e-wi4}-be adsted by the -ditlerante ted such substitiAiefi arA an -ime--ange O=ter issued _ ill_:«e_ AN.., .....I«..._. will be �rcrmmcm�igned- will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or organization on the Work unless prior written aMoval is obtained from OWNER and ENGINEER No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fiilly responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the wurK under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWIN'ER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor. supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Pavment"_ 13 6.9 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or famishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terns and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. ais with a Subeentmet9T-6F-S••••••1:e. ..he is listed! a dditional in9ut d-in peMmmp>_c < a or 5.7, the agreement be ,she (ynTl'�xviCT oDr-ai..nd the e.1116 .,w., 00F OF c.... li ff ill eontairrprevisiens-x�her-eby-the�abeentreeter-er-�rrp�lier I6iGR' i%) h-f damages eaused by, ieable-te the It If theiffiuws on ....el. peheie s require Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, Droduct or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to permit rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the perfommance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents 14 EJCDC GENERAL CONDITIONS 1910-8 (19%Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/Z000) Permits., 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14. L CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be 5ermanently incorporated into the project Said taxes all not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are oollectedb_the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the project are to be any CONTRACTOR and are to be included in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confute construction equipment, the storage of materials and equipment and the apemtipns of workers to the site and land and areas ident feed in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shalt leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part. of any structure to be loaded in any manner that will endanger the structure; nor .shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EJCDC GENERAL CONDI TIONS 1910-8 (1990 Edition) w/ CITY OF, FORT COLLINS MODIFICATIONS (REV di2000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in goad order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work and prior to release of final payment these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety ot; and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. A.n damage, injury of loss to any property referred to in paragraphs 6.2U 2 or 6.20.3 caused, directly or indirectly, in whole or in pan, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor. Supplier or other person or organization directly or indirectly employed by any of them) CONTRACTORS duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs.• 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with .Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as E'ivGiNEM may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and sumilar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edilim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 625.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 625.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal, and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27, ENGINEFR's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEERS attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.25. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 29, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work. 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes of disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTR4CTOR's General idaarranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 630.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers, or 6.30.12. normal wear and tear under normal usage. 6.302. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute_ None of the following will constitute an acceptance of Work that is notin accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents 6.30.2.1. observations by ENGINEER; 6.302.2. recommendation of any progress or final payment by ENGINEER, 6302.1 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30 2.4. use or occupancy of the Work or any part thereof by OWNER, 6.302.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.302.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers. directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not litttited to, all lees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i)is attributable to bodily injury, sickriess, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity mdemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 632. In any and all claims against (-ANNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organisation directly or indirectly employed by EJCDC GENERAL CONDI TTONS 1910-8 (1990 Echticn) 17 wl CITY OF FORT COLLINS MODIFICATIONS (REV 412000) any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by arty limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations. 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--0TIIER WORK Related Work at Site: T1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER'S employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Llhless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 18 EJCDC GENERAL CONDITIONS 1910-8 (1990 EAitim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR'S Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as tit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coor&nation: 7.4, If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized, and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER.. 82. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whose status under the Contract Documents shall be that of the former ENGINEER 8.3, OWNER shall furnish the data required of OWNER under die Contract Documents promptly and shall make payinents to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OVVNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. .5. .a .�lliability . and feet --..: r.ffag ophs 5.5 .rn 'vuoagr5. i , . 8.6. OWNER is obligated to execute Change Orders as indicated in paragmpl 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNERS right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC:TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR:s failure to perform or furnish the Work in accordance with the Contract Documents. 8.40. ^`� ;'^TLS's •espensibility-in-res-af-uadisclesed ^••bestes Pis; Petroleum HAPPMeus Waste—aRo ,: get F.w6n paragraph 4.5. f`(1TTTUA CTQR ;ensaaablp 'dl _ h fi aft=angamentb- hAvo r aen made ,,. :..� nTzrnTcv 6bhgEkfieffl 'ndef the Gentraef Da respeRsibility in speet thereof will be ns set farth in the upplementiu}-Ge edition ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION 0WNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. I rsi& to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910-8 (1990 Rdtim) a'/CITY OF FORT COLLINS MODIFICATIONS (REV 42000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEERS efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER' on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply witli Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and th, Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERS Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in wraemoh 9.3 9.3.1. The Representative's dealings in matters Pertaining to the on -site work will, in general be with the ENGINEER and CONTRACTOR. But the Representative will keep the OWNER ppWrly advised about such matters. The Representative's dealings with subcontractors will only he through or With the full knowledge and approval of the CONTRACTOR. 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1. Schedules Review the progress 119 Schedule and other schedules, prepared by the CONTRACTOR and consult with the ENGINEER concerning aeeep ability. 9.3.2.2. Conferences and Meeting - Attend mee with the CONTRACTOR such as econstruction conferences, progress meetings and other job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 93.23.1. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.32. Assist in obtaininp from OWNER additional details or information. when required for proper execution of the Work. 9.32.33. Advise the ENGINEER and CONTRACTOR of the commencement of aQy Work requiring Shop Drawing or Sample submission if the submission has not been approved by the ENGINEER. 9.3.2.4.Review of Work, Ruction of Defective Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents, 9.3.24.3. Accompany visiting inspectors representing public or other agencies having iurisdiction over the Proiect, record the results of these inspections and report to the ENGINEER. 9.3.2.5Interpretation of Contract Documents- Report to ENGINEER when clarifications and intemretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and intemretaiion of the Contract Documents as issued by the ENGINEER. 9.3.2.6 Modifications. Consider and evaluate CONTRACTOR'S suggestions for �� E-IMCGENERAL CONDITIONS I910-8 (1990 EdLiai) w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) modification in Drawings or Specifications and report these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 932.7. Records. 9.3.2.8. Reoorts. 9.32.8.1, Fumish ENGINEER period c report& as required, of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals. 9.3.2.8.2. Consult with ENGINEER iIt advance of schedu'iiniz maior tests, inspections or start of important phases of the Work. 93.2.8.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes and field orders. 93.18.4. Report immediately to ENGINEER and OWNF_R_the occurrence of any accident. 9.32.9. Pavment Requests Review applications for patmtent with CONTRACTOR for complian e with the estabtished procedure for their submission and fonvard with recommendation to ENGINEER noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and egui ment delivered at the site but not incorporated in the Work. 9.3.2.10. Completion 9.32.10.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items requiring correction or completion. 9.3.2.10.2. Conduct final inspection in the companv of the ENGINEER. OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.32.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR. Subcontractors or CONTRACTOR'S superintendent 9.3.3.4. Advise on or issue directions relative to, or assume control over any aspect of the means, methods, techniques sequences or procedures for construction unless such is specifically called for in the Contract Doctmnents 9.3.3.5. Advise on or issue directions reorclina or assume control over safety picCeuiiTus and progzarns i coi necuuns wiin the Work 9.3.3.6 Accept Sllop Drawings or sample submittals from anvone other than the CONTRACTOR 9.3.3.7, Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. Participate in_s. eciahzed field or laboratory tests or inspections conducted by others exce_as SI eciLcally. authorized b}_the ENGINEER. Clarifications and Interpretations: 9A4 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910-8 (1990 Ediaai) w,' CITY OF FORT COLLINS MODIFICATIONS tREV 4l2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OIAINER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Tunes and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variationsin Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These maybe accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderjustifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or 12. Rejeefing Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments 9.7. In connection with ENGINEER's authoritv as to Shop Drawings and Samples, see paragraphs 6.24 through 628 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11. and 12 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices 9.1u. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of anv such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEERS decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GCIA, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the star of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days alter receipt of the opposing party's submittal, if any, in accordance with this paragraph ENGINEER'S written decision on such claim, dispute or other matter will be foal and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in E%I-SIT GC -A "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (h) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER'S written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such �,� EJCDC GENT,RAL CONDITIONS 1910-5 (1990 Editiar) 22 w/ C[TY OF FORT COLLINS MODIFICATIONS (REV 4l20(*) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter—purmo Rio a eTo. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEERS authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in goon faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. p 13 ] ti•NG'Mnn ui�vu�nnn wibb not be 7eS1rUIlSlble for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9,13.5. The limitations upon authority and