Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
- CONTRACT - BID - 5366 DIXON CANAL
Administrative Services Purchasing Division City of Fort Collins CITY OF FORT COLLINS ADDENDUM No. 1 FEBRUARY 16, 1999 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5366 DIXON CANAL OPENING DATE: March 5, 1999, 2:30p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. 8. Bid Schedule (Base Bid) (Changes appear in bold type) Item # 1 - Contractor shall furnish all labor and equipment for the demolition of one end section with grate and concrete, two concrete end sections, one concrete structure at station 0+00, and 12" pipe. Bid to include minor earthwork, fees for disposal and haul for a complete item. Item #2 - Add - Work Includes concrete collar (min. 2' wide, min. 6" thick) with rubber gasket at R.V.C. and A.D.S. joints. Item #3 - Excavation and placement of soil at 85% compaction along pipe line. Item #5 - 2 Acres @ /Acre = Please contact Jim Hume, CPPB, Buyer, at 970-221-6776, if you have questions. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 256 W. Mountain Avenue • P.O. Box 580 0 Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 ti 1�0Y*006019111200] 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 7/96 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 Section 00100 Page 1 Documents or by Laws or Regulations in respect of any such claim, dispute or other matterpufsamt to Ai4isle 4! 9.13. Limitations on ENGINEER's Authority and Responsibilities. 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10--CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29, 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (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. EJCDC OENMtAL CONDITIONS 1910-9 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 23 expressly acknowledge and agree that claims for adiustments to the Contract Price and/or Contract Times covered by a Change Order. Work Change Directive or Written Agreement are not valid. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9 . 3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). 24 Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall ineluds, but not be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health end tletiremeat benefits; beneses; __ties and t-sday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. E1CDC GENERAL CONDITIONS 1910-5 (1990 Edition) wi Crry of FORT COLLiNs MODIFICATIONS (REV 9/94) 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than 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). 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: EICDC GENERAL CONDITIONS 191M (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) 25 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a to be nestotiated in stood faith with the OWNER but not to exceed five percent of the amountgaid to the nett lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5,inclusive. 11.7. Whenever the cost of any Work is to be 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 famished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: Ii.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT TMES EJCDC GENERAL CONDITIONS 1910-9 (1990 Edition) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at rvaseaable timm for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9194) 27 Correction or Removal of Defective Work: CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.9. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period. 13.12.1. If within ene year two 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 (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other 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 ORO Y two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work. 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's EJCDC GENE AL CONDITIONS 1910-8 (1990 Edition) wi crrY OF FORT COLLINs MODIFICATIONS (REv 9194) El recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment. 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subiect to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship. By executing the application for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et sea. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment. 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on EJCDC GENERAL CONDITIONS 191M (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 29 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. ENGINEEWs review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER 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 EICDC GENERAL CONDITIONS 191" (1990 Edition) 30 w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date 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 (H) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such. deficiencies. Final Application for Payment. 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may famish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to famish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conformine to the format of the OWNER'S standard forms bound in the Proiect manual. Final Payment and Acceptance. 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the EiCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) 31 Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect 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 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work. 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any EICDC GENERAL. CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS ptEV 9/94) 32 the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 7/96 Section 00100 Page 8 retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. ARTICLE 16—DISPUTE RESOLUTION 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 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. If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of lime: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other parry's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and EICDC GENERAL CONDMONS 1910-8 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9194) 33 obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages% it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado Ugly to this Agreement Reference to two pertinent Colorado statutes are as follows: (This page left blank intentionally.) 17.6.2. If a claim is filed, OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his subcontractors in or about the performance of the Work. Such funds must be withheld until said claims have been paid or such claims as filed have been withdrawn, such payment or withdrawal to be evidenced by filing with OWNER a receipt in full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than ninety (90) days following the date fixed for final settlement, as published in a public newspaper in accordance with the law, unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filed with the OWNER. At the expiration of such ninety (90) day period, OWNER shall pay to CONTRACTOR such moneys and funds as are not the subject of suit and Us pendens notices, and shall retain only sufficient funds to insure the payment of judgements which may result from the suit. ETCDC GENERAL CONDITIONS 191" (1990 Edition) 34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 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 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ C1rY OF FORT COLLINS MODIFICATIONS (REV 9/94) institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. EJCDC GENERAL CONDITIONS 19104 (1990 Edition) GC-A2 w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) SECTION 00800 SUPPLEMENTARY CONDITIONS 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-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL) . 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule 5 days lost due to abnormal weather conditions. 00800 - 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Dixon Canal, Bid #5366 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: Contractor's Representative DATE: ACCEPTED BY: DATE. Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $15,000 Cc: City Clerk Contractor Project File Architect Engineer Purchasing 7/96 Section 00950 Page 1 Section 00960 Application for Payment Insert pages 1 - 4 7/96 Section 00960 Page 1 I 1 OWNER: Cty d Pat cow" 0:7 elUaau A APPLICATION FOR PAYMPNT PROJECT: CONTRACTOR: APPLICATION NIJbi11ER: APPLICATION DATE: PERIOD IIEOINNINO: PERIOD UNDINO: PROJECT NUMBER: CNANOE ORDERS _ Applicado s is made for Psymea as ahowa below is couoccties wkb Conrnet NUMBER DATE AMOUNT The preaaM d" at the aceaml for this Combut is as fadows: 1 2 Orkloal Coahmel Amaral: i Net C1age by Cbmse Ordu: Clarrat Contract Amount: _ $0.lX) Total Cmpk" and Stacd to Date: . Loma Previous Applbitions: - Amad Due dds Applicadm - Before Retainage: Sun Less Iculuate: Nd C1aaee by Cfage order 60.0B I AMOUNT DUR TIDS APPLICATION: CERTIFICATION: Ths trdaalpd coRMACTOR eati&a mN all eblijatioos of CONTRACTOR iocurred is Comm" witb the Wed: bave boom miis" an mph" Y "repb 14.3. d die Omnal Conditieos of the Caatraet. Ti,e above Arad Due This Applialim is mgmealed by Ste CONTRACTOR. Dre: By: Paymmn d do above Amouaa Due M App&-"— is recmo ended by the PNO848ER. Dean: By: Peymmt of be above Amamt Due This A"Headcs bee bets miawed by the OWNER'S Pr*CI Mmger. Date: By: Nymeal d the above Amami Don This Application Is approved by tlm OWNER. DSO: By: J S00) PAOE I OF 4 4.3. The submission of a Bid will constitute an incontrovertible representation 'by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to 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 7/96 Section 00100 Page 3 CONTRACT AMOUNTS ' Bid Item Uoh Number DMFIpthn 41"o ty Units Price Amount Wank Completed Thb Month Q1y. Amount APPUCAT1ON FOR PAYMENT Work Completed Wark Completed Fmioue Peride To Date Qly. Amount QIy. Amount Storal Materiel+ 'ILia Perkin PAGE 2 OP t '1'��al limr+l To Irile 1'rn un 0111M $0.00 $0.00 $0.00 $0.00 s(I.(I0 t:l(It $0.00 $0.00 $0.00 $0.00 fO.W LIM • $0.00. $0.00 $0.00 $0.00 Sl1.W IAA $0.00 $0.00 $0.00 SO.00 fO.W I:OIt • $O_W S0.00 $0.00 $0.00 fU.W I:Itlt 18.00 10.00 so.00 $0.00 So.W LIM $0.00 $0.00 $0.00 $0.00 $O.W I:Itlt $0.00 $0.00 50.00 $0.00 S11.t10 1:111t $0.00 $0.00 $0.00 $0.00 SO.W I:Itlt ' $0.00 $0.00 $0.00 10.00 $0.INI 1:14I4 . S0.00 $0.00 so.00 $0.00 SU.(MI k1tit _ • $0.00 $0.00 10.00 $0.W S0.(NI 1:111/ • $0.00 00.00 - $0.00 f0.1)0 SO.tHI LIM $0.00 $0.00 $0.00 $000 10.INI I.NI( $0.00 SO.00 SO.W $11.00 10.00 I:111, $0:00 $0.00 $0.00 $0.00 f0.110 I:It I( $0.00 $0.00 10.00 50.00 Sl1.W I:I(It _ $0.00 $0.00 $0.00 S0.00 f1).W 1:1M $0.00 $0.00 $0.00 s0.4)0 10.0t1 Hill $0.00 $0.00 $0.00 sO.IMI f0.t10 VIM $0.00 $0.00 $0.011 $0.00 $0.1NI I:10, $0.00 $0.00 $0.00 $0.00 $0.00 111(11 $0.00 $0.00 $0.00 $0.00 S0.(M/ 1:111t $0.00 $0.00 $0.00 swoo S0.110 I:Itu u $0.00 $0.00 - $0.00 fO.W $01)0 I:Iltt $0.00. $0.00 $0.00 $0.00 $0.00 1:111, $0.00 $0.00 $0.00 $0.00 $(1.00 I:ittt $0.00 $0.00 $0.00 $0.00 $0.00 F.Itt( $0.00 $0.00 $0.00 $O.W swoo I:11H $0.00 $0.00 $0.00 $w00 slllltl I.Itit $0.00 $0.00 $0.00 .f0.00 so.tlo Fill: S0.00 $0.00 $0.00 $0.00 $0.W I.1W $0.00 $0.00 $0.00 S0.(q fO.UII I.I:I; TOTALS 110.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fitt( t 1 I ) I I )' . I 1 1 1 I 1 i i I 1 3 1 1 z I I I CHANGE ORDERS APPLICATION FOR PAYMENT PAOE ] OF 4 ' Work Completed Work Completed Work ComPleted Stored CMeie Ub Month Prevlotr Pcrteda To Date Materials Taal Order Usk - 7h6 Fined I'mcnl Number Docripdm Quail yr Unim Price Amami Qty. Amamt Qty. Amomot Qty. Amount Pc" To Date IhO..I $0.00 10.00 $0.00 $0.00 $0.00 Hilt $0.00 $0.00 10.00 $0.00 $0.00 Hilt $0.00 10.00 $0.00 $0.00 $0.00 I:lilt $0.00 $0.00 $0.00 $0.00 $0.00 Hill $0.00 $0.00 $0.00 $0.00 $0.00 101111 $0.00 $0.00 $0.00 $0.00 SO.OQ 1:111, S0.00 S6.00' $0.00 $0.W $0.00 1:1111 $0.00 10.00 $0.00 $0.00 S0.00 1:101 $0.00 $0.00 $0.00 $0.00 $0.00 I:Itlt $0.00 $0.00 $0.00 $0.01) $0.00 I:NI( $0.00 $0.00 $0.00 $0.00 $0.110 LIt 11 $0.00 $0.00 $0.00 $0.00 SU.W Hill $0.00 $0.00 $0.00 $0.00 $0,1)0 Mill $0.00 - 10.00 S0.00 $0.00 50.00 1:1t1+ $0.00 $0.00 $0.00 $0.00 $0.00 1:I41 TOTAL CHANGE ORDERS $0.00 $0.00 f0.00 $0.00 $0.00 $0.00 I:lel PROJECTTat'Ats $0.00 $0.00 $0.00 $0.00 $0.110 $0.00 I:kl hem Invoice Humbas Number TOMS Description STORED MATERIAL StIMK%RY On Ilsod previous Application $0.00 Recieved This period $0.00 PAGE a 01: + Imullal oil Ilxlxl Ilu- 1"his PCr1oJ APPIi<aUau Su Ini 3u �xl �n.un pl m� Su un 311 IN' fll.11r �11.111 �11 IN 311JN 311 n� 1111P �IY.11 iu.0 Su �� fu.f� ------------- j0.UU Sn i V1 E-+ U U W P FROP'NZ, Section 02200 - Earthwork PART 1 - GENERAL 1.01 Description Of Work A. The Contractor shall provide all labor, materials and equipment necessary to perform the work items called for on the bid schedule. B. The Contractor shall perform all excavation regardless of the type, nature, or condition of material encountered, as specified or required in order to accomplish the construction. 1.02 City Fumished Materials A. None, unless otherwise noted on the Bid Schedule. 1.03 Site Conditions A. A geotechnical investigation may have been performed for the City in order to obtain relative data concerning the character of material in and upon which the project is to be built If an investigation has been performed, the information will be available to the Contractor for information purposes only, and is not to be considered a part of the Contract Documents. The Contractor shall satisfy himself as to the kind and type of soil to be encountered and any water conditions which might affect the construction of the project B. The locations of existing utilities are shown in an approximate way only and not all utilities may be shown. The Contractor shall determine the exact location of all existing utilities prior to commencing work The Contractor shall be fully responsible for any and all damages which might be occasioned by his failure to exactly locate and preserve any and all utilities. If utilities are to remain in place, the Contractor shall provide adequate means of support and protection during construction. C. Should drawn, or incorrectly drawn, piping or other utilities be encountered during excavation, the Contractor shall advise the Engineer within thirty (30) minutes of encountering the utility. The Contractor shall cooperate with the Engineer and utility companies in keeping respective senzces and facilities in operation to the satisfaction of the respective owners. The City reserves the right to perform any and all work required should the Contractor fail to cooperate with the respective companies, and back charge the Contractor for any and all expenses. D. The Contractor shall provide barricades and signs in accordance with the Uniform Manual of Traffic Control Devices where applicable. The Contractor shall maintain all devices in a working manner. 1.05 Fill Material A. Excess fill material, including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be hauled off the site and disposed of in accordance with applicable State and local regulations. Cry of Fort Colons / Park planning & DevelopnWg DMsion section 02200 - Eardrwork Page 1 of 3 B, Additional fill material, if required, shall be hauled to the site from off the site as a necessary part of the work. Material composition shall be subject to the requirements of the specifications. C^ PART 2 - MATERIALS 2.01 Soil Materials A. Coarse -grained soils free from debris, roots, organic material, and non -mineral matter _ containing no particles larger than 4-inch size and classified as either: 1. Sands with fines (SM, SC) and less than 25 percent of the soil particles passing the No. 200 sieve, or 2. Clean sands (SW, SP) 3. Native soils as determined acceptable by the Engineer. PART 3-EXECUTION 3.01 Clearing the Site A. All areas underlying new structures, paved areas, site fills and embankments shall be cleared of stumps, shrubs, brush, and other vegetative growth. B. Any material containing roots, grasses and other deleterious or organic matter generally found in the top six inches of undisturbed natural terrain shall be stripped from all areas requiring excavation, grading, trenching, subgrade preparation for foundations and embankment work. The Engineer will require stripped top soil deemed suitable for spreading over the finished - i grades to be stockpiled and preserved until the finished grading operation, at which time it shall be spread uniformly over areas to be seeded or sodded. C. Upon completion of the project', completion of a particular phase of the project, or termination of the use of any particular area, site, storage yard right-of-way or easement, the Contractor shall promptly and neatly clean up the area and re-establish the ground to the contours required by the project or conditions prior to project commencement 3.02 Earth Fill Construction — A. The Contractor shall perform all grading to the lines and grades specified and/or established by the Engineer, with an appropriate allowance for topsoil All slopes shall be free of all exposed _ roots and stones exceeding 3-inch diameter which are loose and liable to fall. Tops of banks shall be rounded to circular curves not less than 6-feet in radius. B. Rounded surfaces shall be neatly and smoothly trimmed. Top soil shall be replaced to a depth of 4-inches in areas to be revegetated. C. The Contractor shall protect the fill against freezing when atmospheric temperature is less than 35 degrees F (1 degree C). 3.03 Compaction A. The Contractor shall meet mirrmnmm percentage density specified for each area classification as follows. Percentage of Maximum Density Requirements: Compact soil to not less than the aty of Fort Colons! Park Flaming & Darr oxnait Wsion section a= - Ear*awk Fags 2 of 3 indicated percentages of maximum density relationship determined in accordance with AST114 D 698. 1. Foundations, Paved Areas and Sidewalks - 95 percent 2. Unpaved Areas - 85 percent B. Control moisture content within 2% of optimum moisture content as determined by ASTM D 698. Where subgrade or layer of soil material is too dry to permit compaction to the specified density, uniformly apply water to surface of cut area, subgrade, or loosely placed layer of soil material. Mix sou and applied water by blading, disking, or other methods to achieve uniform moisture content throughout the sou mass to be compacted. C. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by disking, harrowing or pulverizing until moisture content is reduced to a satisfactory value. 3.04 Settlement A. Where completed.compacted areas are disturbed by subsequent construction operations or adverse weather, the Contractor shall scarify the ground surface, re -shape, and compact to required density prior to further construction. B. Any settlement in backfill, fill, or in structures built over the backfill or fill, which may occur within the guarantee period in the General Conditions will be considered to be caused by improper compaction methods and shall be corrected at no cost to the City. Any structure damaged by settlement shall be restored to their original condition by the Contractor at no cost to the City. 3.05 Disposal of Excess Excavation and Waste Materials and Special Requirements A. The Contractor shall dispose of all excess excavated material not required for fill on -site, as directed by the Engineer. B. The Contractor shall remove and be responsible for legally disposing of excess fill material not placed on -site, waste materials, trash and debris. C. The Contractor shall conduct all site grading operations and other construction activities to minimize erosion of site soil materials. He shall be responsible to maintain streets daily by removing any spillage of dirt, rocks or debris from equipment entering or leaving the site. END OF SECTION City of Fort Cdpns / Park Planning & Development DMWm Section 02200 - Earthwork Page 3 of 3 -- L DI19� Section 02520 - Portland Cement Concrete Paving PART 1-GENERAL 1.01 Description of Work A. The Contractor shall furnish all labor, materials, tools, equipment and perform all work and services necessary for the installation of the portland cement concrete paving as required on the Bid Schedule. B. Although such work is not specifically shown or specified, furnish and install all supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound. secure and complete installation. 1.02 Quality Assurance A. Contractor will be responsible for testing with an Owner approved testing facility. Mix designs and material samples are to be submitted for review at least four (4) weeks prior to material placement. All sampling and testing shall be done in accordance with the latest methods of AASHTO; unless otherwise specified. ALL COSTS TO ASSURE QUALITY SHALL BE PAID BY THE CONTRACTOR 1.03 Quality Standards A. All work shall be performed in accordance with the Owner's street construction standards and the State Department of Highways, Division of Highways, State of Colorado, "Standard Specifications for Road and Bridge Construction," latest revision, unless specifically stated otherwise. In case of conflict the Owner's standards shall govern. 1.04 Site Conditions A. A geotechnical investigation may have been performed for the Owner in order to obtain relative data concerning the character of material in and upon which the project is to be built If an investigation has been performed, the information will be available to the Contractor for information purposes only. and is not to be considered a part of the Contract Documents. The Contractor shall satisfy himself as to the kind and We of soil to be encountered and any water conditions which might affect the construction of the project B. The locations of existing utilities are shown in an approximate way only and not all utilities may be shown. The Contractor shall determine the exact location of all existing utilities prior to commencing work. The Contractor shall be fully responsible for any and all damages which might be occasioned by his failure to exactly locate and preserve any and all utilities. If utilities are to remain in place, the Contractor shall provide adequate means of support and protection during construction. C. Should drawn, or incorrectly drawn, piping or other utilities be encountered during excavation, the Contractor shall advise the Engineer within thirty (30) minutes of encountering the utility. The Contractor shall cooperate the with Engineer and utility companies in keeping respective services and facilities in operation to the satisfaction of the respective owners. The Owner reserves the right to perform any and all work required should the Contractor fail to cooperate with the respective companies, and back charge the Contractor for any and all expenses. C 1Y of Fort Collins / Park Planning & De`eomat Divisim Section 02510 - Portland cement Concrete Paving Pape 1 of 19 D. The Contractor shall provide barricades and signs in accordance with the Uniform Manual of Traffic Control Devices where applicable. The Contractor shall maintain all devices in a — working manner. { 1.05 Verification of Dimensions A. The Contractor shall he responsible for the coordination and proper relation of the work. He shall field verify all dimensions and advise the Owner of any discrepancies prior to proceeding with that portion of the work. 1.06 Survey Requirements A. Contractor shall perform all surveying necessary to complete the work. The Owner will not provide surveying. _ B. The contractor shall locate and identify all horizontal and vertical control points used in the layout of the work. Base all measurements, both horizontal and vertical, on these established control points. C. Perform layout of the Work with qualified personnel. D. All field books, notes, and other data developed by Contractor in performing surveys required by the Work will be available to Owner for exammation throughout the construction period. E. Submit to Owner all survey data with other documentation required for final acceptance. _ 1.07 Telephone A. Business Telephone: At the beginning of construction, the Contractor shall provide the Owner '. with a telephone number at which the Contractor or his representative may be contacted at any time during regular working hours. The Contractor shall also provide a phone number for after -duty hours contact PART 2 - MATERIALS 2.01 General A. This work shall consist of constructing a pavement composed of Portland cement concrete with reinforcement if specified, on prepared subgrade in accordance with these specifications and in reasonably close conformity with the lines, grades, thickness and typical cross sections required. B. Concrete mix design shall be composed of cement, coarse and fine aggregate, water and entrained air. The concrete shall contain a minimum of six (6) sacks of cement per cubic yard or an equivalent cerneat/fly ash combination not to exceed 20% cement replacement (when approved), a maximum of six (6) gallons of water per sack of cemem, an air content of 61,41/6 -/- 1 %% by volume and maximum coarse aggregate size of 1 '/2 inches. The finished concrete shall have a minimum 28 day compressive strength of 3,500 psi. (UNLESS OTHERWISE NOTED ON THE BID SCHEDULE). Any admixture except air entraining agent accelerators and retarders must be approved by the Engineer. Z.02 Fine Aggregate For Concrete A. Fine aggregate for concrete shall conform to the requirements of AASHTO M6, latest edition. The amount of deleterious substances removable by elutriation shall not exceed 3 percent by City of Fat U&N / Park Pbm kV & Dsysrcptttertt Dtviefott Sseliar o2= - Pattand Cement Cartels Paving page 2 of 19 the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 7/96 Section 00100 Page 8 dry weight of fine aggregate, when tested in accordance with AASHTO Tl1 unless otherwise specified. The minimum Sand Equivalent, as tested in accordance with AASHTO TI76 shall be 80 unless otherwise specified. The Fineness Modulus shall not be less than 2.50 nor greater than 3.50 unless otherwise approved by Owner's representative. 203 Coarse Aggregate For Concrete A. Coarse aggregate for concrete shall conform to the requirement of AASHTO M80, latest edition, except that the percentage of wear shall not exceed 45 when tested in accordance with AASHTO T96. Coarse aggregate shall conform to the grading in Table "A" for the grading specified in Concrete Table "A." Sizes 357 and 467 shall be furnished in two separate sizes and combined in the plant in the propordons necessary to conform to the grading requirements. Size No. 357 is a combination of No. 3 and No. 57 and Size No. 467 is a combination of No. 4 and No. 67. T.A.BLE A CONCRETE AGGREGATE GRADATION TABLE PERCENTAGES PASSING DESIGNATED SIEVES AND NOMINAL SIZE DESIGNATION COARSE AGGREGATES (From AASHTO M 43) No.3 •NoA No.6 No.7 No.8 Sieve 1 1/2" 314" to 1/2" 3/8" Size 2" to I" to 314" 3/8" to #4 to #4 21/2" 100 — — — — 1. 90 - 100 100 — — — 1 12" 35 - 70 90 - 100 — — — 1" 0 -15 20 - 55 100 — — 3/4" — 0 - 15 90 -100 100 — 12" 0-5 — 20-55 90-100 100 3/8" — 0-5 0 - 15 40 - 70 85 - 100 #4 — — 0-5 0-15 10-30 x8 — — — 0-5 0.10 416 — — — — 0-5 *No. 57 `No.67 "No. 357 "No. 467 Fine AggregateAASHTO M6 Sieve I" to 3/4" 2" to 11/2" 319" sae #4 to #4 to #4 to #100 = 1/2" — — 100 — — 2" — — 95 -100 100 — 1 12" 100 — — 95 - 100 — 1" 95 - 100 100 35 - 70 — — 3l4" — 90 - 100 — 35 - 70 — I2" 25 - 60 — 10 - 30 — 100 3B" — 20 - 55 — 10 - 30 100 =4 0-10 0-10 0-5 0- 5- 95-100 #8 0-5 0-5 — — — #16:. 45 - 80 450 — — — — 10 - 30 .4100 — — 2-10 Additional primary gradmgs may be permitted, when produced on the project, provided the theoretical combination tneets the specifications for combined aggregate sizes. •' Size No. 357 is a combination of No. 3 and No. 57. Size No. 467 is a combination ofNo. 4 and No. 67. City of Fart Colons / Park Plarrnirrg & Dev*prnent DMsion Section 02520 - Poi dw d Cament Conente Pairing Pape 3 of 19 2.04 Portland Cement A. Portland Cement shall conform to the requirements of AASHTO M85, latest edition. Cement �— shall be Type H as accepted by the Owner's representative. B. unless otherwise permitted by the Owner's representative, the product of only one mill of any one brand and type of Portland cement shall be used on the project. C. The Contractor shall provide suitable means for storing and protecting the cement against dampness. Cement which, for any reason, has become partially set or which contains lumps of caked cement will be rejected. Cement salvaged from discarded or used bags shall not be used. — 2.05 Fly Ash A. Fly ash for concrete, when permitted by the Owner's representative, shall conform to the requirements of ASTM C 618, latest edition for Class C or Class F. The possohmic activity index shall be 85 for Class C and F fly ash. B. Class C fly ash will not be permitted where sulfate resistant cement is required. C. The Contractor shall notify the Owner's representative of the source of fly ash for review before usin_ in the project D. The fly ash shall be subject to sampling and testing by the Owner's representative. Test results that do not meet the physical and chemical requirements may result in the suspension of Elie use of fly ash until the necessary corrections have been taken to ensure that the material meets the Specifications. All costs associated with possible testing of fly ash by Owner's representative, which do not meet these specifications, shall be paid by Contractor. E. The fly ash for use on the project shall have been tested by the Contractor for compliance with these specifications and submitted to the Owner's representative for review prior to its use in the project. 2.06 Water A. Water used in mixing or curing shall be clean and free of oiL salt, acid alkali, sugar, vegetable or other substance injurious to the finished product. Water will be tested in accordance with, and shall meet the suggested requirements of AASHTO T26. latest edition. Water known to be of potable quality may be used without test Where the source of water is relatively shallow, the intake shall be so enclosed as to exclude silt, mad, grass, or other foreign materials. 2.07 Air Entraining Admbctures A. Air entraining admixtures shall conform to the requirements of AASHTO M154, latest edition. Admixtures which have been frozen will be rejected. 2.08 Curing Materials A. Concrete shah be cared with wax base pigmented liquid membrane (Protex DW3 or equal) which shall conform to the requirements of AASHTO M148, latest edition Z09 Reinforcing Steel A. Reinforcing steel, where designated, shall conform to the following specifications. Gty of Fart Calms / Park PWnrw g & DeveloPrrvxtt Division Secdon M= - Portland Carnent Conereta Paving page 4 of 19 B. Deformed and plain billet -steel bars for concrete reinforcement shall conform to AASHTO M31, latest edition. C. Axle -steel deformed and plan bars for concrete reinforcement shall conform to AASHTO M53, latest edition. D. Unless otherwise designated, bars conforming to AASHTO M31 and M53 shall be furnished in Grade 60 steel for #5 bars and larger for Grade 40 or 60 steel for bars smaller than #5. 2.10 Chemical Admixtures A. Chemical admixtures if permitted by the Owner's representative, for concrete shall conform to the requirements of AASHTO M194, latest edition. Admixtures which have been frozen will be rejected. 2,11 Epoxy A. Epoxy used for bonding new, or wet concrete, to old concrete shall be an acceptable product, and shall be of the type specifically intended for bonding wet concrete to existing concrete, and shall be submitted to the Owner's representative for review prior to use. 2.12 Base Course Materials A. The base course shall consist of a hard. durable, crushed rock or stone and filler and should have a minimum C.BR value of 80. The composite base course material shall be free from vegetable matter and lumps or balls of clays and shall meet the Colorado Department of Highways Specification Class 6 Aggregate Base Course which follows: Sieve Size % Passing 3/4" 100 #4 30 - 65 #8 25 - 55 #200 3 - 12 B. Liquid Limit- 30 Maximum C. Plasticity Index - 6 Maximtmm D. The base course material, when tested in accordance with ASTM Standard Test Designation C-131 (Los Angeles Abrasion Test), shall have a percentage of wear of not more than forty percent (40%). E. Of the material passing the No. 40 sieve, at least 35% by weight shall have one or more broken faces. Z13 Irrigation Sleeves A. Sleeves shall be installed as shown on the drawings and will extend one foot beyond the end of the pavement edge. City of Fart Coft / Park PWmft a Development Dlviaim section 0= - Pormnd Cement Ca=vft Paving Page 5 of 19 2.14 CONCRETE COLOR _ A. Concrete color shall be David Concrete Colors, or equal. Amount and color TO BE SHOWN ON THE BID SHCEDULE. PART 3 - EXECUTION 3.01 Proportioning A. Proportioning shall conform to the requirements for Class "P" concrete as described in Table ^ "B." When small quantities of pavement are involved (1.000 sauare feet or less) Class "A," "AX' or "B" may be used in lieu of Class "P" upon approval of the Owner's representative. The design mixes are described in Table "A." _ B. Upon review of the Owner's representative, the Contractor shall have the option of substituting approved fly ash for Portland cement in any class concrete mentioned above up to a maximum of 20% by weight. The total weight of cement plus fly ash shall not be less than the minimum weight for cement content as shown in Table'T" Where the voluntary use of fly ash by the Contractor results in delays, changes in admixture quantities or admixture source, or unsatisfactory work, the costs of such delays, changes or corrective actions shall be borne by the Contractor. In the event the finished concrete is unsuitable for its intended purpose, fly ash use will be discontinued. TABLE B - CONCRETE TABLE Concrete Laboratory Cmtew content (cement Water / % coonstme Cwtse Fine clue design factor) range ccumt contained y agpepm agpegate ronothoriro ratio & AASM AASM AASM compressive MIN MAX Qbs H10 entrapped desrp atic desiipsatio dasiPm ._. strength 28 Sri per lbs per per Ibs of air (total) n "t n M43 size n M6 days (45 days en yd cu yd cement) range Tl 19 mnnber Percent for Type V maximton range in total _. cemenn lbs. inches a88rz6ate Der SD. 11L flnee A 3750 550 600 0.5 4-7 204 467 34-39 AX 3750 600 700 0.5 5-8 1-3 (c) (c) _ B 3750 550 600 0.5 5-8 1-4 67 3714 P 3750 550 600 0.4 4-7 1-3 467 34-39 357 33-38 Not a field specification requiretnent. The desired ininimutn field strength is 80% of the specified laboratory strength. n' The point of acceptance for consistency requiretrtcrtts will be at the mixer discharge for transit mixed concrete. 'e1 Aggregate shall be a blend of local sand and gravel with coarse aggregate. 3.02 Concrete Equipment A. Equipment and tools necessary for concrete batch mixing and placement shall be reviewed by _ Owner's representative as to design, capacity, and mechanical condition. The equipment shall be at the job site sufficiently ahead of the start of construction operations to be examined thoroughly and accepted by Owner's representative. B. Mixers 1. General - Each mixer shall have a manufacturer's plate showing the capacity of the drum _ in terms of volume of mixed concrete and the speed of rotation of the mixing drum or blades. Manufacturer's plate shall be attached in a promiamt place. 2. Mixers at Site of Construction - Mixing shall be in an approved mixer capable of �— combining the aggregates, cement, and water into a thoroughly mixed and uniform mass City of Fort Comm I Park %m tg a peveioprrtertt Dvisim Secbon 02520 - Portland Canent Concrete Paving Page♦ 6 of 19 within the specified mixing period and of discharging and distributing the mixture without segregation on the prepared grade. The mixer shall be equipped with an approved timing device which will automatically lock the discharge lever when the drum has been charged and release it at the end of the mixing period. The timing device on stationary mixers shall be equipped with bell or other suitable warning device adjusted to give a clearly audible signal each time the lock is released. In case of failure of the timing device, the Contractor will be permitted to operate while it is being repaired, provided he furnishes an approved timepiece equipped with minute and second hands. If the timing device is not placed in good working order within 24 hours, further use of the mixer will be prohibited until repairs are made. 3. Non -agitator Hauling Equipment - Bodies of non -agitating hauling equipment for concrete shall be smooth, clean of any deleterious material, mortar -tight, metal containers and shall be capable of hauling and discharging the concrete without segregation Except as otherwise permitted, each truck shall have a cover of canvas or other suitable material of such size as to protect the mixture from the weather. C. Consolidating and Finishing Equipment Concrete shall be spread, struck -off and fmished by mechanical equipment. unless othemise permitted by Owner's representative. 2. Consolidation shall be accomplished by vibrators for the full width of the concrete paving slab. They may be either the surface pan type or the internal type with either immersed tube or multiple spuds. They may be attached to the spreader or the finishing machine, or may be mounted on a separate carriage. They shall not come in contact with the joint, load transfer device, reinforcing steel, subgrade, or side forms. 3. When sawing joints, the Contractor shall provide sawing equipment adequate in number of units and power to complete the sawing with a water-cooled diamond edge saw blade or an abrasive wheel to the required dimensions and at the required rate. The Contractor shall provide at least one standby saw in good working order. and meeting the same requirements as stated above. An ample supply of saw blades shall be maintained at the site of the work at all times during sawing operations. The Contractor shall provide adequate artificial lighting facilities for night sawing. All of this equipment shall be on the job both before and continuously during concrete placement 1. Straight side forms shall be made of a metal having a thickness of not less than 7/32 inch and shall be furnished in sections not less than 10 feet in length. Forms shall have a depth equal to the prescribed edge thickness of the concrete, without horizontal joint and a base width equal to or greater than the depth of the forms. Flexible or curved forms of proper radius shall be used for curves of 100-foot radius or less. Flexible or curbed forms shall be of a design acceptable to the Owner's representative. Forms shall be provided with adequate devices for secure setting so that when in place they will withstand. without visible spring or settlement, the impact and vibration of the consolidating and finishing equipment Flange braces shall extend outward on the base not less than 2/3 the height of the form. Forms with battered top surfaces, and bent, twisted, or broken forms shall be removed from the site. Repaired forms shall not be used until accepted by the Owner's representative. Built-up forms shall not be used except where the total area of pavement of any specified thickness on the project is less than 2,000 square yards. Tire top face of the form shall not vary from a true plane more than 1/8 inch in 10 feet. and the upstanding MY of Fort Collins / Park Planning & Deftft n t iS dWM Section 02520 - Portland Carnent Conc ate Paving Page 7 of 19 leg shall not vary more than 1/4 inch. The forms shall contain provisions for locking the ends of abutting form sections together tightly, and for secure setting. — r 2. Forms for bridge approach slabs or for pavement areas with irregular dimensions shall be made of metal or straight, sound timber. Forms shall be free from warp and of sufficient — strength to resist springing out of shape. Forms shall be staked securely to line and grade to the satisfaction of the Owner's representative. All mortar and dirt shall be removed from the forms that have been previously used. — 3.03 Setting Forms A. The foundation under the forms shall be hard and true to grade so that the form, when set, will be firmly in contact for its whole length and at the specified grade. Any grade which at the form line is found below established grade shall be filled to grade with granular material in lifts of 1/2 inch or less for a distance of 18 inches on each side of the base of the form, and — thoroughly compacted. Imperfections or variations above grade shall be corrected by tamping or by cutting as necessary. B. Forms shall be set sufficiently in advance of the point where concrete is being placed. After the forms have been set to correct grade, the grade shall be thoroughly tamped, mechanically, or by hand. at both the inside and outside edges of the base of the forms. Forms shall be staked into place with not less than 3 pins for each 10-foot section. A pin shall be placed at each side of every joint. Form sections shall be tightly locked, free from play or movements in anv direction. The forms shall not deviate from true line by more than 1/4 inch at any point. No excessive settlement or springing of forms under the finishing machine will be tolerated. Forms shall be cleaned and oiled prior to the placing of concrete. C. The alignment and grade elevations of the forms shall be checked and corrections trade by the Contractor immediately before placing the concrete. When any form has been disturbed or any grade has become unstable, the form shall be reset and rechecked by Contractor. 3.04 Preparation of Grade A. After grading and compaction, the subgrade shall be trimmed approximately to correct elevation, extending the work at least 2 feet beyond each edge of the proposed concrete pavement any work required beyond the edge of pavement necessary to support the Contractor's paving equipment will not be paid for separately but will be included in the cost of the work. 3.05 Base Course for Concrete Paving A. The top six (6) inches of topsoil shall be stripped within areas to be gravel surfaced. Following stripping of the topsoil, the upper twelve (12) inches of the subgrade shall be — scarified and re -compacted to a minimum of ninety-five percent (95%) Standard Proctor Density per ASTM D 698. B. On -site material as approved by the Engineer, is suitable for compacted fill in proposed base — course areas. Fill in base course areas shall be placed within 2% of optimmm moisture content and compacted to a minimum of ninety-five percent (95%) Standard Proctor Density per — ASTM D 698. C. The base course shall be placed on the subgrade and compacted to at least ninety-five percent (95%) Standard Proctor Density at +/-2% of optimum moisture content in accordance with �— Gty of Fat Collins / Park PWv*ig & Dev&Wrlent Dteisicrt Section 02520 - Portland Cement Concrete Paving Page a of 19 AASHTO T99. The base course shall be shaped to grade so that proper drainage of the paving is obtained. D. After final shaping, compaction and curing of the base course, the base course shall be maintained smooth and moist until concrete placement. The finished base course shall be of proper grade and thickness. Deviations of more the 1/2 inch in ten feet measured with a ten foot straight -edge, shall be corrected prior pouring concrete. 3.06 Conditioning of Subgrade or Base Course A. When side forms have been securely set to grade, the subgrade or base course shall be brought to proper cross section. high areas shall be trimmed to proper elevation. Low areas in untreated sub -base may be filled and compacted to a condition similar to that of the surrounding grade, or filled with concrete integral with the concrete pavement Low areas in asphalt or cement treated bases shall be filled with concrete integral with the concrete pavement The finished grade shall be maintained in a smooth and compacted condition until the pavement is placed B. unless waterproof subgrade or base course cover material is specified, the subgrade or base course shall be uniformly moist when the concrete is placed If it subsequently becomes too dry, the subgrade or base course shall be sprinkled, but the method of sprinkling shall not be such as to form mud or pools of water. Over -saturated subgrade area that are creating excessive wheel tracking by concrete hauling equipment as determined by the Owner's representative, shall be repaired prior to placement of the concrete pavement 3.07 Mixing Concrete A. Self Contained Mobile Mixer 1. Proportioning and mixing equipment shall be of the self-contained, mobile, continuous mixing type subject to the following. I The mixer shall be self-propelled and be capable of carrying sufficient unmixed dry, bulk cement sand, rock, admixtures and water to produce on the site not less than 6 cubic yards of concrete. The mixer shall have one bin for each size aggregate. 3. The mixer shall be capable of positive measurement of cement being introduced into the mix. A recording meter visible at all times and equipped with a ticket printout shall indicate the quantity of total concrete mix. 4. The mixer shall provide positive control of the flow of water into the mixing chamber. Water flow shall be indicated by flow meter and be readily adjustable to provide for minor variations in the aggregate moisture. 5. The mixer shall be capable of being calibrated to automatically proportion and blend all components of indicated composition on a continuous or intermittent basis as required by the finishing operation, and shall discharge mixed material through a conventional chute directly in front of the finishing machine. B. Colored Concrete - The Contractor may choose any optional method of mixing and blending of color additive to the satisfaction of the Owner's representative but must maintain the consistency of the desired color. Optional methods must be accepted by the Owner's representative. Guy of Fort COMM / Park Pl nft 3 Devebprnent Dvisim Section 02520 - Portland Cement ConcmW Paving Page 9 of 19 C. Care shall be exercised in the delivery of concrete so as to avoid contamination. Mixing drums shall be cleaned prior to the initial batch of colored concrete, and continued use of the �— mixer maintained for each pour. l 3.08 Limitations of Mixing A. Concrete shall be mixed, placed, and finished only when the natural light is sufficient, unless an adequate and approved artificial lighting system is provided. B. Unless authorized in writing by the Owner's representative, mixing and concrete construction operations snail be discontinued when a descending air temperature in the shade and away from artificial heat reaches 40°F (4.4°C) and not resumed until an ascending air temperature in the shade and away from artificial heat reaches 35OF (1.70C). C. When concrete construction is authorized during cold weather, the aggregates may be heated by either steam or dry heat prior to being placed in the mixer. The apparatus used shall heat the mass uniformly and shall be arranged as to preclude the possible occurrence of overheated areas which might injure the materials. Unless otherwise authorized by the Owner's _ representative, the temperature of the mired concrete shall be not less than 50'F (10°C) and not more than 80°F (26.7°C) at the time of placing it in the forms. D. If the air temperature is 35OF (1.7°C) or less at the time of placing concrete, it will be required _ that the water and/or the aggregate to be heated to not less than 70OF (21.1 °C) nor more than 1507 (65.6'C). Concrete shall not be placed on frozen subgrade nor shall frozen aggregates ` be used in the concrete. In concrete construction operations during the summer months, maximum temperature of the mixed concrete shall not exceed 90OF (32 2°C). 3.09 Placing Concrete A. Concrete pavement may be placed using slip form methods or fixed forms. B. The concrete shall be deposited on the grade in such manner as to require as little re -handling as possible. Unless truck mixers, truck agitators, or non -agitating hauling equipment are equipped with means for discharge of concrete without segregation of the materials, the concrete shall be unloaded into an approved spreading device and mechanically spread on the grade in such manner as to prevent segregation of the materials. Necessary hand spreading shall be done with shovels. not takes. Workmen shall not be allowed to walk in the freshly mixed concrete with boots or shoes coated with earth or foreum substances. C. Where concrete is to be placed adjoining a previously constructed section of pavement and mechanical finishing equipment will be operated upon the existing section of pavement, that section shall have attained a minimum compressive strength of 2,000 psi determined in accordance with AASHTO T 22, latest edition. D. Concrete shall be thoroughly consolidated against and along the faces of all forms and along the full leneth and on both sides of all joint assemblies by means of vibrators inserted in the concrete. Vibrators shall not be permitted to come in contact with a joint assembly, reinforcing steel, the subgrade or a side form. E. Concrete shall be deposited as near to expansion and contraction joints as possible without disturbing them, but shall not be dumped from the discharge bucket or hopper onto a joint assembly unless the hopper is well centered on the joint assembly. City of Fort Co ms / Park Platuth & Development D YWm Secdon 025M - Pordand Camwd Concrete Paving Papa 10 of 19 F. Should any concrete or foreign materials fall on or be worked into the surface of a completed slab, they shall be removed immediately by accepted methods. Concrete placed in'fotms shall be protected against the effects of rain in accordance with these specifications. 3.10 Test Specimens A. The Contractor shall furnish the concrete necessary for casting test cylinders. The number of cylinders and tests shall be as follows: Type of Test Frequeocy- Gradation (aggregate) 1 per2-500 s. y. or fraction thereof for each size aggregate. Moisture Content (fine aggregate) 1 per day or as often as needed for quality control Moisture Content (coarse 1 perday minimum where moisnne content is +0 s^h from SSD aggregate) condition. Slump 1 per set of cylinders and as often as needed for quality control. Air Content 1 per set of cylinders and as often as needed for quality control. Yield and Cement Factor 1 per set of cylinders and as often as needed for quality control. Compressive Strength 1 set (4) cylinders per 5,000 s. y. or major fraction thereof on each day pavement is placed. 2 cylinders to be field cured. Thiclmess 1 per 1.250 lineal feet each section on freshly finished concrete and as often as needed for qualin, conroi. B. The degree and frequencies of all concrete testing beyond normal specified frequencies, if necessary to assure quality control, shall be determined by the Owner's representative at the time of concrete construction. All concrete testing necessary to assure quality control shall be paid by the Contractor. 3.11 Strike -Off of Concrete A. Following the placing of the concrete, it shall be struck off to conform to the cross section required and to an elevation such that when the concrete is properly consolidated and finished, the surface of the pavement will be at the required elevations. B. If reinforcing steel is specified, it shall be free from dirt, oil, paint, grease, loose mill scale, or loose or thick rust which could impair bond of the steel with the concrete. 3.12 Joints A. Joints shall be constructed of the types and dimensions, and at the required locations and/or the Contractor's submitted approved shop drawings. Contractor shall submit approved shop drawings for all jointing details. These shop drawings shall be submitted to the Owner's representative for review prior to construction. a) Longitudinal construction joints shall be spaced at intervals designated on the Contractor's submitted approved shop drawings which have been reviewed by the Owner's representative. They should be of the keyed (tongue -and -groove) type - City of Fart CoWns / Park PWnr tg 3 Devebl nwR DMsim Section 02520 • Portland Carnet concrew Paving Papa 11 of 19 b) When the adjacent lanes of pavement are constructed separately the construction joint shall be slightly tooled while concrete is still plastic and later sawed and sealed after concrete has hardened. Location of these joints shall match travel lanes as derailed on the Contract Plats. r 1 ee 11 Ia � 1 1 I, a) Transverse construction joints shall be constructed at the end of each day's paving _ operation and where paving operations are suspended for 30 minutes or more. If a transverse construction joint occurs at or near a transverse contraction joint, the butt - type joint with dowels shall be used in accordance with plan details. If a transverse construction joint occurs in the middle third of the normal joint interval, the keyed construction joint with tie -bars shall be in accordance with plan details. The construction joint shall be slightly tooled while concrete is still plastic and later sawed _ and sealed after concrete has hardened. a) The work under this item consists of resawing the transverse and longitudinal joints in the existing concrete pavement to the prescribed width and depth; routing the cracks in the concrete pavement; and sealing all joints and cracks with a prescribed sealer. B. Construction Requirements av ^n Joints and Routing Cracks - The saw blade or blade combination shall be wide enough to cut concrete on both joint faces. a) Existing transverse contraction joints shall be resawn to 318 inch width and 1 1/4 inch depth. b) Existing longitudinal joints shall be resawn to 3/8 inch width and 1 li4 inch depth. c) Cracks, as designated by the Owner's representative, shall be routed or sawed to a minimum width of 3/8 inch and a minimum depth of 1 1/4 inch. Width and depth shall be adequate to expose clean sound concrete on the sides of the crack and to provide an adequate sealant width. Equipment such as diamond -blade, random -cut saws; random -crack grinders; and vertical -bit routets shall be capable of closely following the crack without causing excessive spilling. PAKeirmnMT.M.&M.I• . I.. - D a) All joints to be sealed must be sound, clean, dry and frost -free. Joints must be thoroughly cleaned to remove any laitance or any foreign materials. Freshly sawed joints shall be washed with high pressure water immediately after sawing to remove — any loose material from the joint faces. Joint washing should be in one direction to prevent recontamination. Just before installing the backer rod, alljoints shall be sandblasted and then blown out with compressed air at a pressure of at least 90 Psi - Air compressors used for this purpose must be equipped with traps capable of removing moisture and oil from the air. Sealing shall be performed in accordance with the manufacui er's directions. The sealant matntfactiner's representative shall be present at the start of work at the discretion of the Owner's representative. b) Sealant shall be Crafco Roadsaver Brand Type 221 or equal as approved by Owner's representative. City of Fort CoUlns / Park Planting & Devaloptnent Division Sectiotn t1252g - Portland remit comma Paving _ Papa 12 of 19 Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 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 7/96 Section 00100 Page 5 c) Hot poured joint sealer material for concrete slab joints shall conform to the requirements of ASTM D 3405, latest edition, and to the following: "The shipping containers shall be marked by the manufacturer with the name of the material, the name and brand of the manufacturer, the weight, the batch number and the safe heating temperature." 3. The temperature at pour point shall be lower than the safe heating temperature by at least 20°F (11.1°C). 4. The sealer material shall be melted in a heating kettle, or tank, constructed as a double boiler, with a space between the inner and outer shells filled with oil, asphalt or other material for heat transfer and for positive temperature control. 5. The heating and melting unit shall be equipped so that the heat may be adjusted to provide control of the temperature of the heating medium used for melting and sealer material. The sealer material shall not be subjected to temperatures in excess of 450T (232.2°C) at any stage or time during the melting operations. 6. Cold applied joint sealer material for concrete slab joints shall conform to the requirements of ASTM D 1850, latest edition, "Concrete Joint Sealer, Cold Application Type." 7. Cold applied joint sealer shall be of such character that a homogeneous mix can be obtained by combining the separate substances, either mechanically or manually, without having to heat the blended material above a temperature of 100T (37.8°C). The material shall pour or extrude readily at a temperature of 700 (21.1°C) immediately after prepararion for use and shall remain in a condition suitable for application for at least one hour. 3.13 Final Strike -Off, Consolidation and Finishing A. Sequence 1. The sequence of operations shall be the strike -off and consolidation, floating and removal of laitance, straight -edging, and final surface finish. Unless permitted by the Owner's representative, the addition of superficial water to the surface of the concrete to assist in finishing operations will not be permitted. If the application of water to the surface is directed by the Owner's representative, it shall be applied as a fog spray by means of accepted spray equipment B. Finishing at Joints 1. The concrete shall be placed under and around all applicable load transfer devices, joint assembly units, and other features designed to extend into the pavement. Concrete adjacent to joints shall be mechanically vibrated as required in Subsection 3.09. 2. After the concrete has been placed and vibrated, the finishing machine shall be brought forward, operating in such manner as to avoid damage to joints. If operation of the finishing machine appears to be causing damage to the joints, the machine shall be stopped when the front screed is approximately 8 inches from the joint The front Screed shall be lifted, set directly on top of the joint and the forward motion of the finishing machine resumed. When the second screed is close enough to permit the excess mortar in front of it to flow over the joint. it shall be lifted and carried over the joint. Another pass with the finishing machine over the joint without lifting the screeds will be required MY of Fort Collins! Petit Platming & Demiewa tavisim Section 025M - Portland Cement Concrete Paving Page 13 of 19 C. Consolidation and Finishing 1. The concrete shall be sufficiently and uniformly vibrated so that the density of Class "P" r' - concrete is not less than 96% of Maximum Theoretical Field Density. The density of Class "AX" concrete shall not be less than 94% of Maximum Theoretical Field Density. 2. Unless otherwise specified, hand finishing methods will not be permitted except under the following conditions: a) In the event of breakdown of the mechanical equipment, hand methods may be used to finish the concrete already deposited on the grade when the breakdown occurs. b) Narrow widths or areas of irregular dimensions where operations of the mechanical equipment is impractical may be finished by hand methods. 3. Upon review by the Owner's representative, the slump may be increased up to 1 inch above the maximum allowed in Table "B" for concrete in areas not accessible to mechanical finishing methods. ,. Concrete shall be struck off and screeded as soon as placed. Consolidation shall be attained by the use of a suitable vibrator or other acceptable equipment 4. In operation the screed shall be moved forward on the forms with a combined longitudinal and transverse shearing motion, and so manipulated that neither end is raised from the side forms during the striking off process. If necessary, this shall be repeated until the surface is of uniform texture, true to grade and cross section, and free from porous areas. 5. The use of vibrating roller screed type machines will be permitted for ramps and other areas not accessible to normal finishing methods. D. Floating 1. After the concrete has been struck off and consolidated. it shall be further smoothed. trued, and consolidated as described below. Aluminum floats will not be permitted. 2. The Contractor may use a machine composed of a cutting and smoothing float, or floats, suspended from and guided by a rigid frame. The frame shall be carried by four or more visible wheels riding on, and constantly in contact with, the side forms. 3. If necessary, long -handled floats having blades not less than 5 feet in length and 4 inches in width may be used to smooth and fill in open -textured areas in the pavement Such — long -handled floats shall not be used to float the entire surface of the pavement After floating. any excess water and laitance shall be removed from the surface of the pavement by a scraping straightedge 10 feet or more in length. Successive drags shall be lapped -- one-half the length of the blade. E. Straightedge Testing and Surface Correction After the floating has been completed and the excess water removed, but while the concrete is still plastic, the surface of the concrete shall be tested for trueness with a 10 foot straightedge. For this purpose the Contractor shall famish and use an accepted accurate 10 foot straightedge swung from handles 3 feet longer than 12 the width of the slab. The straightedge shall be held in contact with the surface in successive positions parallel to the road centerline and the entire area gone over from one side of the slab to the other as necessary. If the entire slab cannot be reached from the side, a working bridge shall be provided to enable this testing to be accomplished the full width of the slab. Advance along the road shall be in successive stages of not more than 1/2 the length of the City of Fat Coins I Park Ptaming b Development Division Section M= - Pottand Cement Concrete Paving Paps 14 of 19 straightedge. Any depressions found shall be immediately filled with freshly mixed concrete, struck off, consolidated, and refinished. 2. High areas shall be cut down and refinished. Special attention shall be given to assure that the surface across joints meets the requirements for smoothness and cross slope. Straightedge testing and surface corrections shall continue until the entire surface is found to be free from observable departures from the straightedge and the slab conforms to the required grade and cross section. 3. This straightedge testing and correction operation shall be a separate operation from that described in Subsection 3.13 D., "Floating." F. Final Finish 1. After the surface has been straightedge tested and corrections made, a seamless strip of damp burlap or other accepted material shall be dragged longitudinally along the full width of pavement and curb to produce a uniform surface of gritty texture. 2. For pavement 16 feet or more in width, the drag shall be mounted on a bridge which travels on the forms. The dimensions of the drag shall be such that a strip of material at least 3 feet wide is in contact with the full width of the pavement surface while the drag is used. The drag shall consist of sufficient layers of material and maintained in such condition that the resultant surface finish is of uniform appearance and reasonably free from grooves over 1/16 inch in depth. Where more than one laver of drag material is required, the bottom laver shall be approximately 6 inches wider than the layer above. Drags shall be maintained clean and free from encrusted mortar. Drags that cannot be cleaned shall be discarded and new drags substituted. G. Edging at Forms and Joints I. After the final finish. but before the concrete has taken its initial set, the edges of the pavement along each side of each slab, and on each side of expansion joints, shall be worked with an accepted tool. A well-defined and continuous radius shall be produced and a smooth, dense mortar finish obtained. The surface of the slab shall not be undnly disturbed by tilting of the tool during use. 2. At all joints, any tool marks appearing on the slab adjacent to the joints shall be eliminated by brooming the surface. In doing this, the rounding of the comer of the slab shall not be disturbed. All concrete on top of the joint filler shall be completely removed. 3.14 Surface Test A. As soon as the concrete has hardened sufficiently, the pavement surface shall be tested with a 10-foot straightedge or other accepted device. Areas showing high spots of more than 1/3 inch but not exceeding 112 inch in 10 feet shall be marked and immediately ground down with an accepted grinding tool to an elevation where the areas or spot will not show surface deviations in excess of 1/8 inch when tested with a 10-foot straightedge. Where the departure from correct plan grade or cross section exceeds 1/2 inch, the pavement shall be removed and replaced by and at expense of the Contractor. B. Any area or section so removed shall be not less than 10 feet in length nor less than the fall width of the section involved. When it is necessary to remove and replace a section of pavement, any remaining portion of the slab adjacent to the joints that is less than 10 feet in length, shall also be removed and replaced at the expense of the Contractor. City of Fort Collins / Park planning 8 Deveiopowt Mvision Section 02520 - Portland Cement Caacretr Paving Page 150f19 3.15 Curing A. Immediately after the finishing operations have been completed and as soon as marring of the concrete will not occur, the entire surface of the newly placed concrete shall be covered and cured in accordance with the following method. In all cases in which curing requires the use _ of water, the curing shall have prior right to all water supply or supplies. Failure to provide sufficient cover material or lack of water to adequately take care of both curing and other requirements, shall be cause for immediate suspension of concrete construction operation. The concrete shall not be left exposed for more than 1/2 hour between stages of curing or during the curing period. 1. Impervious Membrane Method a) The entire surface of the pavement shall be sprayed uniformly with an accepted white pigmented curing compound immediately after the finishing of the surface and before the set of the concrete has taken place. b) Curing compound shall be applied under pressure at the rate of one gallon to not more than 150 square feet by mechanical sprayers. The spraying equipment shall be of the fully atomizing type equipped with a tank agitator. At the time of use, the compound shall be in a thoroughly mixed condition with the pigment uniformly dispersed throughout the vehicle. During application the compound shall be stirred continuously by effective mechanical means. Hand spraying of odd widths or shapes and concrete surfaces exposed by the removal of forms will be permitted. Curing compounds shall not be applied to the inside faces of joints yet to be sealed. c) Membrane curing compounds shall be wax base Protex DW3 or equal and meet the requirements of AASHTO M 148, Type 2, latest edition. Should the film become damaged from any cause within the required curing period. the damaged portions shall be repaired immediately with additional compound. d) Upon removal of side forms. the side of the slabs exposed shall be protected immediately to provide a curing treatment equal to that provided for the surface. B. Other acceptable curing methods may be used upon review by the Owner's representative. 3.16 Curing in Cold Weather A. When the air temperature may be expected to fall below 35°F (1.70C), the Contractor's written detailed proposal for protecting the concrete must be accepted by the Owners representative before commencement of the paving operation. A sufncient supply of straw, hay, grass, or other suitable material shall be provided along the work. The methods and materials used shall be such that a minimum temperature of 40°F (4.4°C) will be maintained at the surface of pavement Acceptance of the Contractor's proposed method shall not relieve the Contractor of the responsibility for the quality and strength of the concrete placed during cold weather. Any concrete damaged by frost action shall be removed and replaced at the Contractor's expense. B. During paving operations, day or night, when the air temperature reaches 35°F (1.7°C) and is falling, placement of concrete shall cease and the previously approved protection method shall be initiated. All concrete placed within the previous 72 hours shall be so protected for a minimum of 5 days after initial placement of the concrete. C. Admixtures for curing or temperature control may be used only when permitted by the Owner's representative. Oty of Fart Collins / Pant Planning & Dem opment DWalon section 025m - Portland cement Connate Paving Page IS of 19 3.17 Removing Fortes A. Unless otherwise provided, forms shall not be removed from freshly placed concrete until it has set for at least 12 hours, except auxiliary forms used temporarily in widened areas. Forms shall be removed carefully so as to avoid damage to the pavement. After the forms have been removed, the sides of the slab shall be cured. Major honeycombed areas as determined by the Owner's representative, will be considered as defective work and shall be removed and replaced. Any area or section so removed shall not be less than 10 feet in length nor less than full width of the section involved. When it is necessary to remove and replace a section of pavement any remaining portion of the slab adjacent to the joint that is less than 10 feet in length, shall also be removed and replaced at the Contractor's expense. 3.18 Sealing Joints A. All joints are to be sealed, they shall be filled with joint sealing material before the pavement is opened to traffic. and as soon after completion of the curing period as is feasible. The sealin_ material shall be applied to each joint opening as required under this contract or as directed by the Owner or the Owner's representative. The pouring shall be done in such a manner that the material will not be spilled on the exposed surfaces of the concrete. Any excess material on the surface of the concrete pavement shall be removed immediately and the pavement surface cleaned. Poured joint -sealing material shall not be placed when the air temperature in the shade is less than 40°F unless permitted by the Owner's representative. 3.19 Protection of Pavement A. Any damage to the pavement occurring prior to final acceptance shall be repaired to the satisfaction of the Owner's representative or the pavement shall be replaced. 320 Opening to Traffic A. The Owner's representative will decide when the pavement shall be opened to traffic; otherwise the pavement shall not be opened to traffic until 14 days after the concrete was placed. Prior to final completion of the project Contractor shall clean, broom, and wash pavement to the satisfaction of the Owner's representative. 3.21 Concrete Pavement - Slip Form Method A. When the pavement is to be constricted without the use of fixed forms, the following provisions shall apply. fyds - Afro the grade has been placed and compacted to the required density, designated within these specifications, the areas which will support the paving machine shall be cut to the proper elevation by means of a properly designed machine. The grade on which the pavement is to be constructed shall then be brought to the proper profile by means of a properly designed machine. If the density of the grade is disturbed by the grading operations, it shall be corrected by additional compaction before concrete is placed. The grade should be constructed sufficiently in advance of the placing of the concrete- If any traffic is allowed to use the prepared grade, the grade shall be checked and corrected to the satisfaction of the Owner's representative, immediately ahead of the placing of the concrete. Any soft spots will be dug out to stable material and re -compacted or filled with sand. City of Fat C r=1 Park Planning & Development Division Section 02SM - Pcrffand Cement Concrete Paving Page 17 of 19 2. For all slip form paving and subgrade grading operations, Contractor shall provide two string -lines, one on each side of the paver or trimmer to control finished verrical grades of pavement or subgrade. Tolerance of finished grades of pavement shall not exceed 112 inch transverse along a ten foot straightedge nor shall it deviate in finished elevation by more than 112 inch from the Contract Plans. Contractor shall remove and replace all — pavement areas not conforming to these tolerances, unless otherwise permitted by Owner's representative. B. Placing and Consolidating Concrete 1. The concrete shall be placed with an approved slipform paver designed to spread, consolidate; screed, and float -finish the freshly placed concrete in one complempass of the machine in such manner that a minimum of hand finish will be necessary to provide a dense and homogenous pavement in conformance with this contract. 2. Concrete shall be consolidated in accordance with Subsection 3.13. The sliding forms shall be rigidly held together laterally to prevent spreading of the forms. _. The concrete shall be held at a uniform consistency in accordance with the concrete mix "P" described in Table "B" Any inconsistent mixes delivered to the site, whether meeting the requirements of concrete mix "P" or not, which produce an unacceptable finished quality of the concrete pavement, may be rejected by the Owner's representative. 4. The slip form paver shall be operated with as nearly a continuous forward movement as possible and all operation of mixing. delivering and spreading concrete shall be so coordinated as to provide uniform progress with stopping and starting of the paver held to a minimum If, for any reason, it is necessary to stop the forward movement of the paver, the vibrating and tamping elements shall also be stopped immediately. No tractive force shall be applied to the machine, except that which is controlled from the machine. C. 1 ne sunace smoothness and texture shall meet the requirements of Subsection 3.13 and =.I4. D. Curing shall be done in accordance with the method described in Subsection 3.1:, the curing media shall be applied at the appropriate time and shall be applied uniformly and completely to all surfaces and edges of the pavement. E. All joints shall be constructed in accordance with Subsection 3.12. In order that the concrete may be properly protected against the effects of rain before the _ concrete is sufficiently hardened, the Contractor will be required to have materials available at all times for the protection of the edges and surface of the unhardened concrete. Such protective materials shall consist of standard metal fortes or wood plank having a nominal thickness of not less than 2 inches and a nominal width of not less than the thickness of the pavement at its edge for the protection of the pavement edges. and covering material such as burlap or cotton mats, curing paper, or plastic sheeting material for the protection of the — surface of the pavement. When rain appears imminent or when requested by the Owner's representative, all paving operations shall stop, forms shall be placed against the sides of pavement and protective covering shall be placed over the surface of unhardened concrete. — 323 Determining Pavement Thickness A. The thickness of the pavement will be as specified. Areas found deficient in thickness by more than 0.5 inch will be evaluated by the Owner's representative. and if in his judgment the l deficient areas warrant removal, they shall be removed and replaced with specified pavement —_ of the thickness required at no cost to the Owner. Clly of Fort Collins / Park PWr4*V & Devel , w- Division Section 02M) - Portland Cement Concrete Paving Page 18 of 19 324 Deficiencies in Curb and Pavement Work A. Thickness Where the avenge thickness of pavement is deficient in thickness by more than 0.2 inch, but not more than 0.5 inch, and it is decided by Owner's representative to leave in place, payment will be made at an adjusted price as specified in the following table: Deficiency in Thickness Proportional Part Determined by Cores (Inches) of Contract 9e_ 0.00 to 0.20 100 percent 0.21 to 0.30 80 percent Oa 1 to 0.40 72 percent 0.41 to 0.50 68 percent 2. When the thickness of pavement is deficient by more than one-half inch and the judgment of the Owner's representative is that the area of such deficiency should not be removed and replaced, there will be no payment for the area retained. gl� 1. Should the Owner's representative direct the Contractor not to correct concrete pavement work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the Owner for the uncorrected work. Such compensation amount shall be determined by the Owner's representative. 325 Manhole Frames and Valve Boxes A. Prior to placing the final lift of pavement, manhole frames and water valve vaults shall be raised to final grade. B. Foreign matter which is introduced into manholes and valve vaults, shall be removed immediately to provide free access to the facilities. C. Valve vaults and manhole rings shall be straight and properly aligned. D. Valve boxes shall be inspected by placing a valve key on the operating nut to assure a proper alignment. 326 Settlement A. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, the Contractor shall scarify the ground surface, re -shape, and compact to required density prior to further construction. B. Any settlement in backfill, fill, or in structures built over the bacldll or fill, which may occur within the guarantee period in the General Conditions will be considered to be caused by improper compaction methods and shall be corrected at no cost to the Owner. Any structure damaged by settlement shall be restored to their original condition by the Contractor at no cost to the Owner. END OF SECTION MY of Fort Coulns / Part Planning & Development Division Section Irma - Portland cernent concrete PavM Pape 19 of 19 +' - `ti a:-..sr+.-�..r'.:-.- Zer- -a-vm. eta ce.�aa�.j� am�aa� .: v Tr�•aFw'rje'"�a'�g'a'14�. eas +awxr��-z jz reu�i^fr-'r i R DIVISION 2 Section 02900 - Site Revegetation, Native Grass Seeding Park 1 - General 1.01 Description of Work A. The work covered by this specification includes the famishing of all materials and application of fertilizer, seed and mulch to areas defined in the plans or required by field condition. The work shall be completed in accordance with these specifications, accepted horticultural practice, and with the plans. 1.02 Related Work A. See appropriate sections for site work needed prior to work required in this section. Obtain approval from the Engineer prior to starting work required in this section. 1.03 Submittals A. Submit manufacturer's specifications and literature on all products. B. Submit materials list including quantities and description of materials. 1.04 Quality Assurance A. Source Quality Control: Manufacturer's test for purity and germination of seed, dated within six months of seeding. B. Certificates: Manufacturer's certification that fertilizer meets specification requirements. Part 2 - Materials 2.01 Grass Seed A. Grass seed shall be of the latest crop available. Seed shall meet Colorado Department of Agriculture Seed Laws, Chapter 35, Article 27. B. The seeding mixture shall be applied at a pure live seed (PLS) rate per acre AS SHOWN ON SHEET 4 OF 4. C. Do not use seed which has become wet, moldy, or otherwise damaged in transit or in storage. City of Fort Collins / Park Planning & Development Division Section 02900 - Site Revegetation, Native Grass Seeding Page 1 of 4 D. The Contractor shall compensate for percentage of purity and germination by furnishing sufficient additional seed to equal the specified pure live seed product. The formula for determining the quantity of pure live seed (PLS) -- shall be: Pounds of Seed (Bulk) x Purity x Germination = Pounds of Pure Live Seed (PLS) E. The Contractor shall present to the Engineer a certificate of the PLS test of _ the grass seed which he intends to use. All grass furnished shall be delivered in sealed bags showing the weight, analysis and vendor's name. 2.02 Fertilizer A. Commercial fertilizer type and application rate shall be AS SHOWN ON SHEET 4 OF 4. 2.03 Mulch A. Hydraulically spray or approved equal. 2.04 Topsoil A. Topsoil shall be select earth material of loose friable loam reasonably free of admixtures of subsoil, refuse stumps, roots, rocks, brush, weeds or other material which can be detrimental to the proper development of ground cover. Part 3 - Execution 3.01 General A. The pattern of seeding and mulching, and fertilization if required, shall be as detailed on the plans or as required by field conditions to provide a uniform stand of grass acceptable to the City. In no case shall revegetation occur within 30 days of the application of a chemical weed control substance. B. Warranty excludes replacement of plants after final acceptance because of injury by storm, drought, drowning, hail, freeze, insects or diseases. 3.02 Preparation A. Verify that soil preparation has been completed prior to seeding. B. Seed areas damaged by construction activities as directed by the Engineer. C. Apply by broadcasting or drillings at the rate specified herein. City of Fort Collins / Park Planning & Development Division Section 02900 - Site Revegetation, Native Gnm Seeding _ Page 2 of 4 the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 7/96 Section 00100 Page 8 D. Selection of the time of seeding shall be Contractor's responsibility, consistent with erosion control. E. Rework previously prepared areas that have become compacted or damaged by rains or traffic. F. Do not drill or sow during windy weather or when ground is frozen or untillable. G. Cover seed to depth between ''/A to % inch by raking or harrowing. H. Firm seed areas with roller weighing maximum of 100 lbs. per foot to width. 3.03 Hvdraullc Seeding and Mulching A. Seed and fertilize in the amounts per acre designated. Wood cellulose fiber mulch at 2,000 lbs/ acre. B. Combine with water to provide a slurry. Perform hydraulic application in such a manner that the liquid carrier will uniformly distribute the material over the entire area to be seeded at rates not less than indicated herein. Do not compact. Double the amount of seed per acre if seed and mulch are applied in a single application. 3.04 Reseeding and Repair A. Reseed and mulch areas where there is not a satisfactory stand of grass at the end of 60 days after seeding. B. Minimum satisfactory stand: 4 plants per square foot. 3.05 Areas to be Seeded A. All areas that have been damaged or disturbed by the Contractor's operation shall be reseeded according to these specifications and as indicated on the plans. 3.06 Maintenance A. No maintenance is required, UNLESS NOTED ON THE BID SCHEDULE. City of Fort Collins / Park Planning & Development Division Section 02900 - Site Revegetation, Native Guns Seeding n..__? ..rA r-romucC r�ou�c �eeutzux Species Common Name (Scientific Name Variety I#SeedsAb 1% of Mix lb. PLS/acre Grasses I i Blue Grama _ ISouteloua graciiis Lovington 1 712,0001 8 1 0.3 Side Oats Gram_ a IBouteloua curtipenduia Vaughn, El Reno 1 143,0001 10 2 Buffalo Grass Buchloe dactyloides 1 42,0001 10 6,2 ' Western Wheat IAgropyron smithil IBarton 1 120,0001 11 2,5 Bluebunch Wheatgrass Agropyron spicatun • Secar 1 150,0001 10 1 1.8 Needle and Thread Istipa cornata i 1 115,0001 3 1 1 Indian nice Grass IOry=Is hymenoides Paloma I 141,0001 8 1 1.5 I ( ( I 1 I 1 1 Big Bluestein lAndropogon gerardci IY.2W I 191,0001 5 1 0.7 Little 3luestem IAndropogon scooarius 1P2stura 1 379,0001 5 1 0.3 1 Shrubs(Forbs I I I 1 Fringed Sage IArternW2 frigida 1 1 4,500.0001 -6 1 0.1 Rubber Rabbitb=h IChrysothannus nauseosus 1 1 693,0001 6 1 0.1 Lewis Flax ILinum lewisrr 295.0001 4 1 0.4 Yarrow IAGhiilea miliefolium 1 I s 275,0001 4 0.1 Purple Prairie Clover Iretalostemurn purpureum ( 296 0001 5 1 0.5 Upright Prairie ConeflowerIRatibida columnifera 1 900,0001 5 1 02 I I 1 I I I Totals, I 100 1 17.7 IGrass Percentage 1 70 1 Shrub/Forb Percentage COMMERCIAL FERTILIZER 113-16-24i ZAVAILABLE ALBS/ACRE Nitrogen 13 65 Phosphorus16 80 Potassium 24 120 City of Fort Collins / Park Planning & Development Division Section 02900 - Site Revegetation, Native Grass Seeding Page 4 of 4 Access \ Station 21+50 Remove 12' ADS pipe - Replace with 18' pipe Station 20+00 Remove end section, concrete and grate, connect to existing 18' ADS pipe. Station 15+68 Connect to existing 18' ADS pipe Station 13+25 tol4+75 Clear small brush Station 9+50 to10+50 Clear 6' high willows Station 5+40 to 6+15 Fire access road Remove end sections connect new pipe to existing pipe Station 0+00, Begin Installing pipe Connect to existing conrete structure with concrete cleanout. QC(AiJL HOLLOL.✓ refs - a 4� .y' J PRE -BID SITE iu rs ! J3 CITY OF FORT COWNS L0CAn0r) ^1.4P Park Planning and Development Standard '7 Drawing HUGHES STADIUM I 1 Station 46+30 End Installing pipe Install concrete cleanout structure._ Station 44+20 to 46+30 Place clean flit to bed pipe Station 39+00 to 41+00 Minor earthwork to enlarge ditch to Install. pipe, 50 c.y. 4 I City Natural Area Land Coordinate access and work with Jim Miller, 416-2133 1 I CITY OF FORT COWNS L Oc-/OT/o,y /",-iP Park Planning and Development Standard Drawing WAM Fan LJ3 2 � A !j Access SiPtiow X Tb STp. p I/ 46-r3o i t Station 50+00 to 51+60 Excavation to strmightern ditch for 75' 25 c.y.l fill In existing ditch with excavation material. Install concrete cleanout structure at siphon and flume per drawings. DIXON DAM AND LAKE PINERIDGE NATURAL AREA NOTEi Install 12, H Degree elbows Install 20, 22 Degree elbows Install 13, 18' Drain Basins (as clemnouts) with solid cast Iron grates, cover with soils at 300' spacing. Earthworks 1A5O C.Y. Seeding, 2.2 acre Pipe lengths 4,360 V. Concrete cleanout structuresi 4 r. , 3 of 3 CITY OF FORT COLLINS L©c.yrenn/ fv7AP Park Planning and Development X-7 Standard j Drawing r / ro /. S / / ✓J ` r 'Bx2CkF/44 9S% ComP19C: ,Orr rvE1r /6�rPPt CITY OF FORT COLLINS 4 7-YPic.4z C. 1goyA . s4—c-rron. Park Planning and Development Standard Drawing 0 is& bit /,I---- DUCTILE IR❑N H-20 RATED GRATE J- INLET AND OUTLET ADAPTOR At- iNvEFT CITY OF FORT COWNS PIPE CEEAV0f4 Z' 047-w]1L Park Planning and Development 5 Standard % Drawing 0 0 0 In 0 0 00 1 D 0-j �13 L Ej❑ 01: L100 STANDARD GRATE (H-20) RATED DRAINAREA = 96.7 SQ. INCH as CD < _j r u z -LLLL I a -LLLLLL L-1-1 I I I I L Z C3 _J < = LA_ L_ _LLLLULLL LL_ I 1 11 LI I I I I r OD LL-L I I I I I I I L 1 11 c6 1ji LLLLLLLLLLLLLLL Q' Z LLLLLLLLLLLLLLL w _j <X <� < LLLLLLLLLLLLLLL LLLLLLLLLLL LLL _j fX, W 0 cl- LLLL LLLLLL_CFE: LLL-LLLLLL - L U W < L3 Y LLL-LLLLLL - LL-LLLLLL D P F- < c:3 U < -LLLLL XI— 0 _J < X < UPq 14 CY a E3 - < _r SOLID GRATE w z _j L_ < z x M El C3 u < a- 3 CITY OF FORT COLLINS z_-')Mc77/_4E- IR01V C41?197E Park Planning and Development Z7 Standard Drawing Existing concrete structure 6' of P.V.C. pipe placed on canal grade; or connect to existing structure with 6 dowels. —• 6 Anchor Steel grate: 1" by 1" L frame, 1" mesh openings, with anchor bolts for chain lock. Chain and lock to be provided by City. 0 TOPVIEW No. 4 bars, one layer, 1' c—c both directions JI - 4 G V d Ditch or structure invert SIDEVIEW 2:,6„ CITY OF FORT COLLINS CONCRETE CLEANOUT DETAIL Park Planning and Development % Standard 7 Drawing 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price,.time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct SUM. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, 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 7/96 Section 00100 Page 7 the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 7/96 Section 00100 Page 8 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 7/96 Section 00100 Page 9 SECTION 00300 BID FORM A I I LNDANGi: ni,uuilD PREBID CONFERENCE dL Project: :,/,/ c- /9 4: = I ill1f): / , LJ - 0 �, Date: /r 7. Location: ^77' 5-1,7'Z- Revresentative _Cmi)any Name Telephone Number Fax Number C L r, fv) CA ci 1 411 �2 L ILI Ll -7 q-(� S� SECTION 00300 PROJECT: Dixon Canal, Bid #5366 BID FORM Place CITY OF FORT COLLINS-PURCHASING DIVISION Date MARCH 5, 1999 1. In compliance with your Invitation to Bid dated FRRRLTARV 1- iggg and subject to all conditions thereof, the undersigned_ MINERS INC. dba (MINERS WESTERN INC.) a **(Corporation, *L*f4iti`tk $**Y5 'dbi'3*i�* *t'�Jttt�}2tfijl Phi'CiY ^SYti ** 1"1 i*'i1 I'LFtxt *, 6±7 Sbtt-k V?(5P1M*eW)** authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 5% of Bid Amount --------------------------- --------- ($--------------------- ----------- ) 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: FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. BOX 1227 BALTIMORE, MD 21203 S. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 7/96 Section 00300 Page 1 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through 1 MINERS INC. dba (MINERS WESTERN INC.) CONTRACTOR BY: W. WALKER, PRESIDENT ADDRESS: 5590 EAST YALE AVENUE, SUITE 1 DENVER, CO 80222 B. BID SCHEDULE (Base Bid) Item No. 1 Contractor shall furnish all labor and equipment for the demolition of one end section with grate and concrete, two concrete end sections, and 12" pipe. Bid to include minor earthwork, fees for disposal and haul for a complete item,y Lump Sum ,f %,w Item No. 2 Contractor shall furnish and install 18" ADS (or equal) rigid, smooth interior pipe. Work includes 13 pipe cleanouts and 32 elbows, connections and all parts and labor for a complete item. 4,360 L.F. @'k/ lD / L.F. Item No. 3 Contractor shall furnish all labor and equipment for earthwork. Excavation and placement of soil at 80% compaction along pipe line. 1,850 C.Y. ® ZD /C.Y. T, 61) Item No. 4 Contractor shall furnish all labor, material, and equipment to install concrete cleanout structures per drawings and specifications. Item includes one concrete test, 3,500 psi. concrete. 4 Q A0151 L?0 /Each = 4�:�,3c1L.,L)O 7/96 Section 00300 Page 2 Item No. 5 Contractor shall furnish all labor, seed, and equipment to seed disturbed areas with native seed mix, hydro -mulch, and fertilizer. AcreSQ %(? Db/Acre BID TOTAL _r4xL wU LiL..17 /uNJ�?f) irr�7 vs�l ", /0 Dollars 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED.-^-�` �� YvG2i�'� 1 / Date 3-3-99 Signature W 'WALKER PRESIDENT Title License Number (If Applicable) (Seal - if Bid� is by corporation) Attest: ~''�/l/�1 `l f �( �Lf C Z1 MC. STRUZI;#i Address 2550 S. UNIVERSITY DENVER, CO 80210 Telephone 303-722-3354 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 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BAL1IMORE, MO 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute'and appoint Chris Enright, John Sarnovsky, John F. Mattioli, David Saltmarsh and Michael Gross, all of Toronto, Ontario, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as and amply, t intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at' a in Bait III Id., in their own proper persons. This power of attorney revokes that issued on behalf of Chris Enright, etal, dated July 15, 1 The said Assistant Secretary does hereby certify that the exti orth on th e side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. o IN WITNESS WHEREOF, the said Vice -President and Secretary reunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF this 7 August, A.D. 1997, ATTEST: FIDELITY,A�VIADEPOsiC( 'IPANY OF MARYLAND SEAL �. a O By: a0w4a" `� •+' T. E. Smith Assist etary W. B. Walbreeher Vice -President 0 State of Maryland ss: County ofBaltarrore On this 7th day of August, A.D. 1997, before thIN riber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice -President and TOE,., Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duverally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the sea] affixed to thenstrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. krmtfi'' Card-d Fader Notary Public My C miss' Expires: August 1, 2000 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 10TH day of F'EBRUARY , 1999 �'K - - Assizant Secretary L1428-210- FIDELITY AND DEPOSIT COMPANY The OF MARYLAND P.O. Box 1227 • BALTIMORE, MD 21203 ve Statement of Financial Condition Companies As Of December 31, 1998 ASSETS Bonds.......................................................................$ 333769328.0 0 Stocks....................................................................... 370,203,910 RealEstate................................................................... 2,526,613 Cash in Banks and Offices and Short Term Investments ................................ 82,537,967 Premiums in Course of Collection (less than 90 days old) ............................... 9,632,906 Reinsurance and Other Accounts Receivable .................................. . ...... 34,671,837 TOTAL ADmmm Assm......................................................$ 499,573,233 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums .................................................. $ 134,228,338 Reserve for Claims and Claim Expenses ............................................ 263,487,564 Reserve for Taxes and Expenses .................................................. 12,894,180 Miscellaneous................................................................. 15,969,434 TOTAL Lmn.rims...........................................................$ 426,579,516 Capital Stock, Paid Up ............................................ $ 5,000,000 Surplus........................................................ 401,763,045 Surplus as regards Policyholders.................................................. 406,763,045 TOTAL....................................................................$ 833,342,561 Securities carried at $20,139,000 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of insurance Commissioners. On the basis of December 31, 1998 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $840,802,150 and surplus as regards policyholders $414,222,634. I, JOSEPH J. GALLAGHER, Treasurer of the FmEim AND DsPosrr COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 1998. Treasurer State of Maryland City of Baltimore SS: Subscribed and swom to, before me, a Notary Public of the State of Maryland, in the Ci of Baltimore, this 31st day of December, 1998. Uc Notary Public My commission expires March 4, 2002. 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: MINERS INC. dba (MINERS WESTERN INC.) 2. Permanent main office address: 5590 EAST YALE AVE., STE 1 DENVER, CO 80222 3. When organized: 1984 4. If a corporation, where incorporated: DELAWARE 5 How many years have you been engaged in the contracting business under your present firm or trade name? 15 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: CAMPGROUND, PICNIC AREA, RECREATIONAL TRAIL CONSTRUCTION 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 Bidders Qualifications - Item #6, Current Projects t Name laneous Earthwork Project No 5193 Total Contract Amount Anticipated Completion Date 2/15/99 Reference John Stevens City of Fort Collins Address 256 W Mountain Ave Ft Collins, CO 80521 Telephone 970-221-6605 Project Project Location Ft. Collins, CO Fax 970-221-6707 Minor excavation and backfill, flowfill, dewatering, rough grading, hand operated mechanical compaction, loading, hauling, dumping, placing rip rap, inisc. earthwork. Project Name Client Project Description Construction of day -use area. Poudre Park Day Use Area USDA Forest Service Client Project No Anticipated Address none Completion Date 240 West Prospect Road Project Location 6/l/99 Ft Collins, CO 80526 Ft. Collins, CO Total Contract Amount Reference Telephone Fax S 56,000.00 Kevin Colby 970A98-2709 970498-1045 Project Name Client Project Description Construction of campground Sunset Point Campground Construction USDA Forest Service Client Project No Anticipated Address 50-82-FT-8-05 Completion Date 240 West Prospect Road Project Location 6/15/99 Ft Collins, CO 80526 Grandby, CO Total Contract Amount Reference Telephone Fax S 345,907.50 D. Donovan 970498-2515 970498-1045 Project Name Client Project Description Construction of 124 campsites Colorado State Parks Campsite Renovation Colo. State Parks & Recreation Client Project No Anticipated Address none Completion Date 3842 S. Mason, Room 202 Project Location 7/30/99 Ft Collins, CO 80525 Colorado State Forest (Gould, CO) Total Contract Amount Reference Telephone Fax S 256,053.20 Ed. Holm 970-226-6641 Project Name Client Project Description Construction of campground Kelly Flats Campgrond USDA Forest Service Client Project No Anticipated Address none Completion Date 240 West Prospect Road Project Location 6/30/99 Ft Collins, CO 80526 Poudre Canyon Total Contract Amount Reference Telephone Fax $ 476,390.20 T. Pues 970498-1174 970-229-5219 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. SEE ATTACHED PROJECT DESCRIPTIONS. 12. List your major equipment available for this contract. IT-16 CAT LOADER, 436B CAT BACKHOE, 736 BOBCAT SKID STEER 6 TON TOPKICK, DUMP TRUCK AND VARIOUS OTHER PIECES 13. Experience in construction Work similar in importance to this project: COMPANY HAS COMPLETED $8,000,000 WORTH OF SIMILAR WORK OVER THE PAST 6 YEARS 14. Background and experience of the principal members of your organization, including officers: W. WALKER PRESIDENT 37 YEARS HEAVY CIVIL & MINING J. EURICH PROJECT MANAGER 20 YEARS HEAVY CIVIL K. COPE SUPERINTENDENT 15 YEARS HEAVY CIVIL 15. Credit available: $ VERY ADEQUATE -- AVERAGE SUPPLIER CREDIT LIMIT IS $10,000. 16. Bank reference: US BANK -- ACCOUNT# 1-250-0046-8939 (303-933-5471) 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? _ NO 18. Are you licensed as a General CONTRACTOR? ygs If yes, in what city, county and state? CALIFORNIA &.LOUISIANA What class, license and numbers? CALIFORNIA CLASS A: GENERAL ENGINEERING #574331 LOUISIANA GENERAL CONSTRUCTION (SPECIALTY -MINING) #29826 19. Do you anticipate subcontracting Work under this Contract? YES If yes, what percent of total contract? Approximately 8% and to whom? (SEEDING SUBCONTRACTOR (NOT KNOWN AT THIS TIME) 7/96 Section 00420 Page 2 20. Are any lawsuits pending against you or your firm at this time? NO If yes, DETAIL 21. What are the limits of your public liability? DETAIL $2,000,000. What company? COMMON WEALTH 22. What are your company's bonding limitations? $1,000,000. 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at DENVER 2.,00pm.v this 3RD day of MARCH , 1999 . MINERS INC, dba (MINERS WESTERN INC.) Name of Bidder BY'- W. WALYER Title: PRESIDENT State of COLORADO County of_DENV W. WALKER I J being duly sworn deposes and says that he is PRESIDENT of MINERS INC, dba (MINERS WESTERN and that INC.) (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 3RD day of MARCH 1999. Notary lublic ,m o g Yoo Ave My commission expires I�102.10'a 7/96 Section 00420 Page 3 February 16, 1999 Miners Inc. 5590 E. Yale Suite 1 Denver, CO 80222 Ph 303 757-6966 FAX 303 757 6946 Weinland Const. Inc 4212 N Garfield Ave Loveland CO 80538 PH 970 667 9123 FAX 970 667 9129 Temple & Petty Const. 714 Arrowest Ct Grand Junction, CO 801505 PH 970 243 3133 FAX Starck Brothers Const. 932 N meadowlark Dr Berthoud CO 80513 PH 970 532-3388 FAX 970 532-4051 Mountain Constructors Inc P O Box 405 Platteville CO 80651 PH 970 785 6161 FAX 970 785 2515 G L Hoff Co P O Box 7448 Loveland CO 80537 1448 PH 970 669 3255 FAX MBI Corp P O Box 9553 Ft. Collins, CO 80525 PH 970 482 6244 FAX 970 482 8336 CITY OF FOR COLLINS PLANHOLDERS LIST FOR BID #5366 DIXON CANAL Anson Excavating & Pipe, Inc. 388 Ceder Circle Craig, CO 81625 Ph 970-824-0382 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract. ITEM SUBCONTRACTOR 7/96 Section 0430 Page 1 No Text SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: March 10, 1999 TO: Miners Inc. dba (Miners Western Inc.) PROJECT: Dixon Canal, Bid #5366 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated March 5, 1999 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for Dixon Canal, Bid #5366. The Price of your Agreement is Sixty-two Thousand Eight Hundred Sixty-seven Dollars ($62,867.00). Four (4) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Four (4) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by March 25, 1999. 1. You must deliver to the OWNER four (4) 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. Cit of Fort Collins WNER By: B. 1 ames B. O'Neill If, CP O Dir c or of Purchasing and Risk Management 7/96 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the loth day of March in the year of 1999 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Miners Inc. dba (Miners Western Inc.) (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the Dixon Canal and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins, Engineering, 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 30 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 40 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. 10/97 Section 00520 Page 1 They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred dollars (8500.00) for each calendar day or fraction thereof that expires after the thirty (30) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Hundred dollars (S200.00) for each calendar day or fraction thereof that expires after the ten (10) 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: Sixty-two Thousand Eight Hundred Sixty-seven Dollars ($62,867.00), 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 10/97 Section 00520 Page 2 value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the 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 10/97 Section 00520 Page 3 considers necessary for the performance or furnishing of the work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 10/97 Section 00520 Page 4 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered 1 through 7 inclusive with the following general title: Location Map (1-3), Typical Canal (4), Pipe Cleanout Detail (5),, 18" Ductile Iron Grate (6), Concrete Cleanout Detail (7). The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Number 1. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 10/97 Section 00520 Page 5 OWNER: TY OF FORT COLLINS By: a. Lxu JOHN F. CHBACH,CITY MANAGER BY: J V b `-" J B. O'NEILL II, CPPO ECTOR OF PURCHASING Date: Attes Addre P. 0. Box 580 Ft. Collins, Colorado 80522 Approved as to Form r A Assistant City Attorn y CONTRACTOR: Miners, INC. dba (Miners WESTERN Inc.) By: rti v,. �� r ) Title: m (i4fdd 07�',, sN r Date: 'A�oa; (CORPORATE SEAL) Address for giving notices: LICENSE NO.: 10/97 Section 00520 Page 6 CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release(Contractor) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS 02200 Earthwork 02520 Concrete 02900 Site Revegetation, Native Grass Seeding Pages 00020-1 - 00020-2 00100-1 - 00100-9 00300-1 - 00300-3 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -Al - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-2 02200-1 - 02200-3 02520-1 - 02520-19 02900-1 - 02900-4 SECTION 00530 NOTICE TO PROCEED Dixon Canal, Bid 45366 Description of Work: Installation of an 18" pipe line in an existing irrigation canal, concrete structures, earthwork and seeding. To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of 19 The dates for Substantial Completion and Final Acceptance shall be 19_ and , 19_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 19 CONTRACTOR By: Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate Bond No- ----6310523 ---------------- Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That we,-----. MINERS INC . —------------------------- ---------------------------- --------- (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Contractor, and FIDELITY AND DEPosrr COMPANY OF MARYLAND, a corporation of the State of Maryland, with its home office, P.O. Box 1227, Baltimore, Maryland, 21203, as Surety, hereinafter called Surety, are held and firmly bound O TX_—QF_FORT_ COLLINS — — (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of- ----- SIXTY—TWO THOUSAND, EIGHT HUNDRED AND SIXTY—SEVEN---------------- -- - - - -- - - - -------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------00/100 Dollars ($_62, 67.00------------------------------------), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ------------------ March --lath ----------------------------------- 19__9a_, entered into a contract with Owner for ---Ins- alla-tioa--o£---4,360--1-.-f— of --in----- -.existing-irrigation--ranal-,--ooncr-ete--dean=out--s#x-uctur-ear--ear-thx4or-k--and---seeding in accordance with drawings and specifications prepared (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having per- formed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the con- tract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final pay- ment under the contract falls due. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this .............. 12th y March ________________ A.D. 19 --- 99_ In the presence of: MINE�RGS INC. ."-_---aLtf:� C J ' ------------(SEAL) Principal ----------------------------------------- ( v� (/ Title FIDELITY AND DEPOSIT CO P,1T/ O ARYLAND -------------------------------------------------------------- By --- --- -- — (SEAL.) Title C309i-5M, 8-92 236351 Michael Gross Based upon American Institute of Architects Document A-311, February 1970 Edition. Attorney —in —Fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHERR, Vi' 'ce-Presiden and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, oft`M -Laws of Company, which are set forth on the reverse side hereof and are hereby certified to be in full fo d effect ° e date hereof, does hereby nominate, constitute and appoint Chris Enright, John Sarnovsky, Jo attioli, Saltmarsh, Michael Gross and Ray A. Blyler, Jr., all of Toronto, Ontario, EACH its true an I agent omey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act an : any a onds and undertakings and the execution of such bonds or undertakings in pursuance of these pre shall be ing upon said Company, as fully and amply, to all intents and purposes, as if they had been duly ted and wledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their proper p s. is power of attorney revokes that issued on behalf of Chris Enright, John Sarnovsky, John F. Ma avid Sa and Michael Gross, dated August 7, 1997. The said Assistant Secretary does hereb4fy that act set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of d Companyj�� now in force. IN WITNESS WHEREOF, the sai�-'Preside t-a�ld Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said�IDELI'� DEPOSIT COMPANY OF MARYLAND, this 29th day of December, A.D. 1998. ATTEST: FIDELITY AND OSIT COMPANY OF MARYLAND 99 By, l.eL'4-4" T. E. SmI th Assistant Secretary W. A Walbrecher Vice -President State of Maryland ss: County of Baltimore On this 29th day of December, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice -President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Q 4` y Carol J. Fa r Notary Public My Commissi ' Expires: August 1, 2000 L 1428-210- FIDELITY AND DEPOSIT COMPANY The OF MARYLAND P.O. Box 1227 • BALTIMORE, MD 21203 go Statement of Financial Condition Companies As Of December 31, 1998 ASSETS Bonds.......................................................................$ 333769328.0 0 Stocks....................................................................... 370,203,910 Real Estate................................................................... 2,526,613 Cash in Banks and Offices and Short Term Investments ................................ 82,537,967 Premiums in Course of Collection (less than 90 days old) ............................... 9,632,906 Reinsurance and Other Accounts Receivable ......................................... 34,671,837 TOTAL AmmnTED Assays ......................................................$ 499,573,233 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums .................................................. $ 134,228,338 Reserve for Claims and Claim Expenses ............................................ 263,487,564 Reserve for Taxes and Expenses .................................................. 12,894, I80 Miscellaneous................................................................. 15,969,434 TOTAL L1AaaxnEs...........................................................$ 426,579,516 Capital Stock, Paid Up ............................................ $ 5,000,000 Surplus........................................................ 401,763,045 Surplus as regards Policyholders.................................................. 406,763,045 TOTAL....................................................................$ 833,342,561 Securities carried at $20,139,000 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1998 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $840,802,150 and surplus as regards policyholders $414,222,634. I, JosEPH J. GALLAGHER, Treasurer of the FiDELrrr AND DEPosrr COMPANY of MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 1998. A State of Maryland City of Baltimore SS: Subscribed and sworn to, before me, a Notary Public of the State of Maryland, in the Ci of Baltimore, this 31 st day of December, 1998. Notary Public My commission expires March 4, 2002. Mar-12-99 09:53A miners northern 970 495 1887 P-02 MM 12 '99 12t01 FP. ZLR CRN SURETY DEFT 416 5B6 29M TD 79704951097 P.02/05 Fidelity and Deposit Company Nome& ncx OF MARYLAND aufruathi, AfD. srseo Tabor and Material Payment Bond Noto. This bond is irsuc4 .invth &mealy with Ferro ni oc Btmd in fa•at of The ovi eeMnioned on the full and (whfal PersotllWles of the contract. KNOW ALL MEN BY THF_SE PRESENTS- Thatwc_..._.k1INF.8S_.S11C.,__-_..............._.,w_.............,.........., .-----......................... ....,---....... _.. (item I„ rcn ter ,,," and a//rers w west Iwo of ft Gmvv h.) as Principal, MttnnitaM radical Pritsc;peal, and FIDELRY AND D8yO5IT COMPArN OF MAIM ANn, a corporation of the State of Maryland, with its home office, P.O, Box 1227. Baltimore. Marylso i, 21203, as Surety, flareinsfrer called Surety. arc held and firmly bound unto....—_.._........_.._.._.----.-__'-`----._..__._.._...,..... _1:ZTYQF�482�4JL ws............. ---- ------- ---------_------.__-----........_.....__ (lice& immn ,hc moor Me resew. m NVA our M It* ow"') as Obliges, heminafwr called Ovrner, for the use and benefit of disimnnts as hortinksolow defined, in the amount of_ SI%TY-TNO TBOU3AND1 _ EICi3T _HUNDRED AND SIXTY-SHVEN------------------------------- ^---.^-.^--^----^-^--^--____^_ --------------00/100 _.. !Wert Imam a .wet coal MIN was n+r "if nr tM ts.nryt ;;;al Dollars (a - 62,g6T _00 _ _ ) far the payment whereof Principal and Surety bird themselves, their heirs. Vxauasrs, admitusvmora, atraceaaors and assigns, jointly and severally, firmly by these presnntS. WHEREAS, Principal, has by wr4ten agreement disA tli. .......March Wall. , ..... ... _..__..._..... _._t9�3.., retread into a contract with Owner Gl...la."_.D�.aRtJ:f<.,RkAR...F,n._.. Kiati.ng irrigation canal, concrete clean -out structured, earthwork and xxading Dixon Canal to aceorilloce with drawings and spadficationx Prepared ...... _-------- _._....—_.___...____.._......., ...... .. ._.__.._ ____—._.____.._._.._._....... (Nero inten nit (pOn. 1410 rite 044rtas) which contract is by reference made a part hereof, and is herdinaArT rctti to as the Comrect. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Ic ruch rhea, if principal trust pn)mpdy &&Nice payment to All claimants 0 hare]mtter dellnrd, for an Isbor AM material used or reaatrtably re4ulmd Jar ate in die peAefmmce of the Contract. then this obligation &hall be. vold-, mhctwiu it (hag taaain in furl force and alfe 1, whjaa, h s..evrtr, W the folkcre mt o9odv m%t 1. A at,t t is d9111twd as one having a direct contrast with the Principal or with a nib-conuumr of Iho Isrhii l For labor, malarial or t.0, ones Or resstnaAly required for use m the performmae of the =tract, labor And nagerial being construed m in. c)odn that pan orwawr, one, power, light, liner. oil, g velied, telephone service or tenet of tqulpmam dlreWy appBeibk so the Conrraa. 1. Thu Ao o &resod Principal &ad Sammy hereby jointly aid severally agree with ore Owner that Autry ctaimanr 4a herein defin. ed, who has mil been paid In run before tut capnafioo of a pi eidt of hinessy (90) days after the date Ad which the last of such Visa- n a t'x work or labor was done or parformd. or innerkds were furnished by spit claimant, may we on this bond for me use of smh 0-irnadt, pmseeyte. rho suit to frost judgnrerK Iar 4w:h sWn assures ss Rory be totally due claimux, aM have txmLidn thetcan. The Owner shall rut be liable ter the payment of any costs or eapcnses *(an., much suit. 3. No Ault of arum ehan big Vomeablead hereandef by any chnnun&, (a) Unku claimant, other dun one having a direct contract with Ile Principal, fnalt have given wrioen meow to my two of end fatiowing: The Principal. thitOwnar, or the Surety above Named. wbhln nimay 00) mys alter wets aLdngrx did or perimeter Me Iml of the work or Inbtrr, xr Furnished the IAA a! the mnertsls for which Mid claim is nude, setting whh subswadal accuracy Me miceatn claimed :sad the ru" of the party IV whom the m;teaa4 wore fvmished, a for whom she work or labor was dote or Peribrmed. Svcb notice Aid[ be staved by moling the same by registered men or certified mail, poltago prepaid. in ea mlvelepe addressed to me Principal, (Yoedr or Sonty, at any place where an office is regnler)y mainraitrod For did tradsaetiun of bosi,,crr, a served in any nnnnaf in which teSal protons may he smvd in are sale in which the aforesaid rivi is lasted, save that such service eased odor be made by a public offimf. 07 AAcr the opasid" of (etc (Il you COAowNSthe dec on which Ptiecipal stated wocaon raid Cotmsa, kbeiitut taderxtod, however, that If airy limitation embodied in this bond Is preuibimd by any is* eemrolling are wmetrtscian hereof etch limitation shall be deemed to be amcndd w a to be equal to the minimum period of la rdledian permind by loch law, 10 Other thorn in a Mate VUUM of cinnpatenl jat111diU1Vn in and for er MvM or other political subdlYnlan of the rota m ..11,0, the pmjml, or any part nroteof, is ai(uatd, or in the Ubitat States District Coon fur the district in which the project. or any part the,"(. is tnuared, ad not elrewhero. a. The amount of this bond shall ne ridarbd by and W And extent of arty psymem at Mingling, asaoa in good Tait beheander, inclusive of the payuront by Sorely of mecitania' liens which may be filed of record agalas said Improvement, whether m net Claim for the afnoant of sash lien be presented udder arid against dhis bond. Signed and sealed this_---'..].2Lh----,---.__ day of_--_.�ktrrh_..,,-_..___.....-. A.D. 19-"- 1n the presence or! MIKkAS INC. .. .. .............._ ..._..._......__..._„_........___ (Saw priwIpat nose FIDELITY AND DEPOSIT COMPANY OWMARYLAND ... _......... ___ ........ _........ _ ..... ............. ............. 6Y_._I�'--__. Tide __(5EAL) C"%4-5k. Hit tsssst Michael Cro$O ralreaw A.wtrw bee.an Aecwsasraawan. A.rli. Attorn in -Farb "Ai t>q Gorr... air^ Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Labor and Material Payment Bond Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That we, (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, with its home office, P.O. Box 1227, Baltimore, Maryland, 21203, as Surety, hereinafter called Surety, are held and firmly bound unto ------------------------------------------------------------------------------ ---------------------------- ----- CITY--QF__F011`T__CQLLINS -------------------------------------------------------------------------------------------------------------------------- - (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ...... SIXTY-TWO_THOUSAND, EIGHT HUNDRED AND SIXTY-SEVEN------------------------------- - -- ----------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------00/100 ---------------------------------------------------------------------- ----------------------------------------------------------------------- (Here insert a sum equal to at least one-half of the contract price) Dollars ($----- 62, 867: 00 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ----------------- _t'ar-ch__.IOth------------------------------------- 19_99__, entered into a contract with Owner for --- _of18ttplastic_pipp__in_____ existing irrigation canal, concrete clean -out structures, earthwork and seeding Dixon Canal in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub -contractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the contract, labor and material being construed to in- clude that part of water, gas, power, tight, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defin- ed, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such clai- mant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to F The Owner shall not be liable fr 3. No suit or action shall (a) Unless claimant, of the following: The Pr w 0 the last of the work o the amount claimer 7, �s or performed. F addressed to a a or served ' � oa service e $ 0 a r UQ� MINERS INC. CONSTRUCTION SPECIALISTS MINING and CIVIL PROJECTS Date: March 11, 1999 TO: City of Fort Collins PROJECT: Dixon Canal, Bid #5366 OWNER: City of Fort Collins I W. Walker, Officer of Miners Inc., hereby authorize J. Eurich, Project Manager of Miners Inc., to sign as CONTRACTOR for any authorized Change Orders to the above referenced project. This includes 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. Sincerely, W. Walker President 5590 E. Yale Ave., Suite I Denver, Colorado 80222 Phone: 303/757-6966 • FAX 303/757-6946 acoso CERTIFICATE OF LIABILITY INSURANCE DATE"R"'°°'Y' �•� �. - '3J12/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE S e d g w i c k o f C o l o r a d o, I n c. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2 0 0 0 S. C o l o. B l v d. S u i t e 5 0 0 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. D e n v e r, C o l o r a d o 8 0 2 2 2- 7 9 1 1 COMPANIES AFFORDING COVERAGE 303-691-1300 COMPANY 800-666-5263 A Colorado Compensation Ins. A u t INSURED COMPANY B Miners, Inc. D B A Miners (Western), Inc _ COMPANY 5590 East Yale Avenue Ste. 1 C COMPANY Denver CO 80222 D COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTTRR TYPE OF INSURANCE PgX.'Y NUMBER POLICY M� TIVE EXPIRATION DATE LIMITS: GENERAL LIABILITY GENERAL AGGREGATE S PRODUCTS-COMP/OPAGG S COMMERCIAL GENERAL LIABILITY CLAIMS = OCCUR MADE PERSONAL & ADV INJURY $ EACH OCCURRENCE $ OWNER'S & CONT PROT FIRE DAMAGE (Any one fire) S I(r�' MED EXP ( Any one person) S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTO PROPERTY DAMAGE S , GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE S UMBRELLA FORM OTHER THAN UMBRELLA FORM A W° S COMPENSATION �D EMPIDYERS UAB0.RY 1 6 5 0 2 7 1 7/ 0 1/ 9 8 7/ 0 1/ 9 9 X WC STAru- TRY MIT o TH- R EL EACH ACCIDENT $ 1 0 0 0 0 O D THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL £L DISEASE -POLICY UNIT 1 0 0 0 O O E O EL DISEASE - EA EMPLOYEE S 1 0 0 0 O O O OTHER DESCRIPTION OF OPERATI°NSADCATIONSNEHKXES/SPECUL ITEMS Project: D I X 0 N CANAL PERT,NIY;A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEUED BEFORE THE EXPIRATION DATE THEREOF, THE MUM COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT C I T Y O F F 0 R T C 0 L L I N S 3 00 LAPORTE AVE. FORT C0LLINS, CO 80522 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY JUND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 5- I AunRow� y�Nr w�pv'xs,`_, '_-L1k 41;4 G/ G HALLMARK)[ftni.versarylea INSURANCE BROKERS LTD. o FINANCIAL PLANNING & BENEFITS CONSULTING CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE FOLLOWING POLICY (IES) HAVE BEEN ISSUED BY THE INSURING COMPANY AND ARE IN FULL FORCE AND EFFECT AS TO THE DATE OF THIS CERTIFICATE AND IN FAVOR OF THE NAMED INSURED: Miners Inc. 5590E Yale Avenue, Suite I Denver, CO 80222-6929 IN FAVOR OF: City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80622 Project: Dixon Canal, Value: $62,867 Starting Date: March 22199 to April 7199 Description: Installation of plastic pipe in existing irrigation canal, concrete clean -out structures, earthwork and seeding. IS HEREBY ADDED AS `ADDITIONAL INSURED' BUT ONLY WITH RESPECT TO THE LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED INSURER: Commonwealth Insurance Company POLICY #: CRX57182 TERM% 199MI01 TO 1999/04/$1 COVERAGE: $19000,000 COMPREHENSIVE GENERAL LIABILITY THE INSURANCE AFFORDED IS SUBJECT TO THE TERMS, CONDITIONS AND EXCLUSIONS OF THE APPLICABLE POLICY. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS ON THE HOLDER AND IMPOSES NO LIABILITY ON THE INSURER, THE INSURER WILL ENDEAVOR TO MAIL TO THE HOLDER OF THIS CERTIFICATE WRITTEN NOTICE OF ANY MATERIAL CHANGE IN OR CANCELLATION OF THESE POLICIES, BUT ASSUMES NO RESPON3161UTY FOR FAILURE TO DO SO. MAL,I-MARK INSURANCE BROKERS LTD. DATE: 1999/03/10 E &OE 1045 & 1047 McNicoll Avenue 1-800-492-4070 Telephone: (416) 492-4070 Scarborough, Ontario Claims Line: (416) 492-4242 Fax: (416) 492-4321 M1W3W6 e-mail* hib*hallmarkins.com �; SECTION 00020 INVITATION TO BID CERTIFICATE OF INSURANCE 2 ALLSTATE INSURANCE COMPANY ❑ ALLSTATE INDEMNITY COMPANY ❑ ALLSTATE TEXAS LLOYD'S I HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFI. CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 1= P O I tic m CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate is Issued Name and Address of Insureds)-s` ' '^, °.' F DIXON CANAL MINERS INC CITY OF FORT COLLINS 5590 E YALE AVE SUITE 1 300 LAPORTE AVE DENVER, CO 80222 FORT COLLINS, CO 80522 This is to certify that policies of insurance listed below have been issued to the insured named above subject to the expiration date indicated below, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may ertain. The insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. TYPE OF INSURANCE AND LIMITS COMMERCIAL GENERAL LIABILITY Policy Effective Number Date Expiration Date Limit Amount GENERAL AGGREGATE LIMIT (Otherthan Products — Completed Operations) $ PRODUCTS — COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT $ ANY ONE LOSS MEDICAL EXPENSE LIMIT $ ANY ONE PERSON WORKERS' COMPENSATION & Policy Effective EMPLOYERS' LIABILITY Number Date Expiration Date Coverage Limits WORKERS' COMPENSATION STATUTORY — applies onlyin the followingstates: EMPLOYERS' 1 LIABILITY BODILY INJURY BY ACCIDENT EACH ACCIDENT BODILY INJURY BY DISEASE $ EACH EMPLOYEE BODILY INJURY BY DISEASE $ POLICY LIMIT AUTOMOBILE LIABILITY Policy Effective Number 050690895 Date MARCH 1 r 1 998 Expiration DateMARCH 1 1 1 999 Coverage Basis Limits I ❑ANY AUTO I OWNED AUTOS 1C HIRED AUTOS CISPECIFIED AUTOS CXNON-OWNED AUTOS �DWNED PRIVATE PASSENGER AUTOS 0OWNED AUTOS OTHER THAN PRIVATE PASSENGER Combined Single Limit of Liability BODILY INJURY & PROPERTY DAMAGE $ 2 0 00 0 0 0 EACH ACCIDENT Split Liability Limits Bodily InjuryPro ert Dama a Each $ a n,= ", < PERSON $ $ ACCIDENT UMBRELLA LIABILITY Policy Effective Number Date Expiration Date EACH OCCURRENCE GENERAL AGGREGATE PRODUCTS — COMPLETED OPERATIONS AGGREGATE $ $ $ OTHER (Show Policy Effective type of Policy) Number Date Expiration Date I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CANCELLATION r (� Number of days notice 30 T ulhorizea Kepi-esentatkato Should any of the above described policies be cancelled before the expiration date, the issuing company will endeavor to mail within the number of days entered above, written notice to the certificate holder named above. But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. J 10523-2 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: Dixon Canal, Bid #5366 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substan- tially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE Kit Gentlemen: 19 You are hereby notified that on the _ day of 19_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, Dixo Canal. Bid #5366. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: PROJECT: Dixon Canal. Bid #5366 (CONTRACTOR) 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 5 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. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ATTEST: Secretary STATE OF COLORADO day of CONTRACTOR By: Title: )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 19 , by Witness my hand and official seal. My Commission Expires: 19 day of Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins. Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: Dixon Canal, Bid #5366 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , 19_. (Surety Company) By. ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. 7/96 Section 00670 Page 1 1R 0172 (11189) ilorado Department of Revenue xpayer Service Division 1375 Sherman Street, Room 186 Denver, CO 80261 03) 534-1208 00 332-2095 (Colorado only) CONTRACTOR/SUBCONTRACTOR'S APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(M) he exemption certificateforwhichyou are applying must be used only forthe purpose of purchasing construction and building materials tor 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 -apart of the structure, highway, road, treet, or other public works QV_n_td and UUA by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by '1w. A separate certificate is required for each contract 11 subcontractors, their addressess, Colorado account number (if any) and amount of their portion of the project must be listed on the ..ack of this application. A certificate will be issued by the Department to each subcontractor (Only those subcontractors involved in purchasing construction and building materials as described in paragraph one, should be listed.) — FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. ,. ,x ...:.�. 4F Y .PRIME CONTRACTOR INF,mi,QN ft?. +�fT} .... :. Reg�s4auaNAccount o (tb asagned. Cy DOR) Trade name/08A owner, punier, oreorporaa name ' Mailing address (City, State, Zap): Social SxiuityNo. (Owner/partner): Federal Employer's Identification Number i amount for your contract: Home telephone number (sole proprietor/1st partner): ( ) Business telephone number. ( ) Colorado withholding tax account number. (Attach copies atVaei oragrat3tnerltpag {1j itirrrtllfying wz i ^? i ; 3 jf,� EXEMPTION iNFORMATiON� •- ..i .., ttadmg:partlerarid (2) signs itetnisarttnding partrer. Name of exempt organization (as shown on contract): exempt orgardzadon's number. 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organi ation: Principal contacts telephone number. Physical location of project site: lSchinfuled Month Dry Year construction stet date: Estimated Money Day Year eoompke`m dais SIGNATURE nfM� A' �, ,i. {'<f.4O F h'4 < iP•,vy.. t f/l:N'i'.. vfJ iC 3} t .r Y t4 )'.v '-... ..'.. ... .... > ,:., Soh u•...:� 2. �: Y.4sti ,Y.e.. fal.I.f.it�p Y'.Kl. f£.Y!. f..l L"+/J'!M �.,{��.e h/l.. Qt:'n;; f I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer. I Title of corporate officer. Date: Subcontractors listed below will be awarded exemption certificates upon approval of your application. Only those subcontractors who purchase construction or building materials for inclusion In the exempt project should be listed. Those subcontractors who provide service only should not be Included. SUBCONTRACTOR INFORMATION (Additional sheets may be attached if necessary) Name &Address of Subcontractor. I Name of contact person: Business phone number 14 person: account contact person: account pmson: person: uon: person: Business phone number. ,.#M#• Colorado withholdino account fluff contact person: tsuslnen Fnuna numual. of subcontract: Colorado withholding account person: account C--+ U H Z O U H w O z 0 H 0 U SECTION 00020 INVITATION TO BID Date: February 1, 1999 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 256 West Mountain Avenue, Fort Collins, Colorado until 2:30 P.M., our clock, on Friday, March 5, 1999 for the Dixon Canal; Bid No. 5366. 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 installation of an 18" pipe line in an existing irrigation canal, concrete structure, earthwork and seeding. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 256 West Mountain Avenue, Fort Collins, Colorado 80521. Contract Documents will be available Friday, February 5, 1999. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 256 West Mountain Avenue, Fort Collins, Colorado, 80521 upon payment of a refundable fee of Fifty dollars ($50.00) per set. No partial sets will be issued. The Contract Documents and Construction Drawings may be examined at: 1. City of Fort Collins, Purchasing Division. 2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado. 3. CMD Denver Plan Room, 9250 E Costilla Ave,STE 400, Englewood, CO 4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 5. The Plan Room, 2176 South Jasmine St. Door "Ell/Suite 219, D3zver, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m. on Tuesday, February 16, 1999, at the end of Overland Trail Road, see drawing sheet 1 of 7 for exact location. 6/97 Section 00020 Page 1 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. A vertical bar is displayed in the left margin for either added or deleted text. EJCDC GENERAL CONDITIONS 1910-5 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 1. DEFINITIONS ..................... 1 2. PRELIMINARY MATTERS ............ 3 1.1 Addenda ................. 1 2.1 Delivery of Bonds .......... 3 1.2 Agreement ................ 1 2.2 Copies of Documents ........ 3 1.3 Application for Payment ........ 1 2.3 Commencement of Contract 1.4 Asbestos ................. 1 Times; Notice to Proceed ..... 3 1.5 Bid ..................... 1 2.4 Starting the Work ........... 3 1.6 Bidding Documents ........... 1 2.5-2.7 Before Starting Construction; 1.7 Bidding Requirements ......... 1 CONTRACTOR's Responsibility 1.8 Bonds ................... 1 to Report; Preliminary Schedules; 1.9 Change Order .............. 1 Delivery of Certificates of 1.10 Contract Documents .......... 1 Insurance ............... 3 1.11 Contract Price .............. 1 2.8 Preconstruction Conference ..... 4 1.12 Contract Times ............. 1 2.9 Initially Acceptable Schedules ... 4 1.13 CONTRACTOR ............. 1 1.14 defective ................. 1 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings ................. 1 AMENDING, REUSE ................ 4 1.16 Effective Date of the Agreement ... 1 3.1-3.2 Intent .................. 4 1.17 ENGINEER ............... 1 3.3 Reference to Standards and Speci- 1.18 ENGINEER's Consultant ....... 1 fications of Technical Societies; 1.19 Field Order ................ 1 Reporting and Resolving Dis- 1.20 General Requirements ......... 2 crepancies .............. 4 1.21 Hazardous Waste ............ 2 3.4 Intent of Certain Terms or 1.22.a Laws and Regulations; Laws or Adjectives .............. 5 Regulations ............... 2 3.5 Amending Contract Documents .. 5 1.22.b Legal Holidays ............. 2 3.6 Supplementing Contract 1.23 Liens ................... 2 Documents .............. 5 1.24 Milestone ................. 2 3.7 Reuse of Documents ......... 5 1.25 Notice of Award ............ 2 1.26 Notice to Proceed ............ 2 4. AVAILABILITY OF LANDS; 1.27 OWNER ................. 2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization ............ 2 REFERENCE POINTS ................ 5 1.29 PCBs ................... 2 4.1 Availability of Lands ......... 5 1.30 Petroleum ................. 2 4.2 Subsurface and Physical 1.31 Project .................. 2 Conditions .............. 6 1.32.a Radioactive Material .......... 2 4.2.1 Reports and Drawings ........ 6 1.32.b Regular Working Hours ........ 2 4.2.2 Limited Reliance by CONTRAC- 1.33 Resident Project Representative ... 2 TOR Authorized; Technical 1.34 Samples .................. 2 Data .................. 6 1.35 Shop Drawings ............. 2 4.2.3 Notice of Differing Subsurface 1.36 Specifications .............. 2 or Physical Conditions ....... 6 1.37 Subcontractor .............. 2 4.2.4 ENGINEER's Review ........ 6 1.38 Substantial Completion ......... 2 4.2.5 Possible Contract Documents 1.39 Supplementary Conditions ....... 2 Change ................ 6 1.40 Supplier .................. 2 4.2.6 Possible Price and Times 1.41 Underground Facilities ......... 2 Adjustments ............. 6 1.42 Unit Price Work ............. 3 4.3 Physical Conditions -Underground 1.43 Work ................... 3 Facilities ............... 7 1.44 Work Change Directive ........ 3 4.3.1 Shown or Indicated .......... 7 1.45 Written Amendment .......... 3 4.3.2 Not Shown or Indicated ....... 7 4.4 Reference Points ........... 7 E1CDC GENFAAL CONDITIONS 19104 (1990 EDMON) wt CITY OF FORT COLLINS MODIFICATIONS (REV 9194) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON- , Hazardous Waste or TRACTOR's Review Prior Radioactive Material ......... 7 to Shop Drawing or Sample Submittal .............. 16 5. BONDS AND INSURANCE ............ 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER .. 16 Bonds .................. 8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents ... 16 �- Certificates of Insurance ....... 8 6.28 Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance ................ 9 Approval of Required 5.5 OWNER's Liability Insurance .... 9 Submittals ............. 17 5.6 Property Insurance ........... 9 6.29 Continuing the Work ........ 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance ...... 10 Warranty and Guarantee .... 17 5.8 Notice of Cancellation Provision ... 10 6.31-6.33 Indemnification ........... 17 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations ...... 18 for Deductible Amounts ....... 10 .� 5.10 Other Special Insurance ........ 10 7. OTHER WORK ................... 18 5.11 Waiver of Rights ............ 10 7.1-7.3 Related Work at Site ........ 18 " 5.12-5.13 Receipt and Application of 7.4 Coordination ............. 18 Insurance Proceeds .......... 11 5.14 Acceptance of Bonds and Insur- 8. OWNER'S RESPONSIBILITIES ......... 18 ance; Option to Replace ....... 11 8.1 Communications to CON- 5.15 Partial Utilization -Property TRACTOR ............. 18 Insurance ................ 11 8.2 Replacement of ENGINEER ... 18 8.3 Furnish Data and Pay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ..... 11 When Due ............. 18 - 6.1-6.2 Supervision and Superintendence ... 11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment . 11-12 and Tests .............. 18 6.6 Progress Schedule ............ 12 8.5 Insurance ............... 18 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders ........... 18 CONTRACTOR's Expense; 8.7 Inspections, Tests and Substitute Construction Approvals ............. 19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER'S Evaluation .... 12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services .............. 19 Suppliers and Others; 8.9 Limitations on OWNER'S -- Waiver of Rights ......... 13-14 ResponsibiIities .......... 19 6.12 Patent Fees and Royalties ....... 14 8.10 Asbestos, PCBs, Petroleum, 6.13 permits .................. 14 Hazardous Waste or _ 6.14 Laws and Regulations ......... 14 Radioactive Material ....... 19 6.15 Taxes ................... 14 8.11 Evidence of Financial 6.16 Use of Premises ............. 15 Arrangements ........... 19 6.17 Site Cleanliness ............. 15 6.18 Safe Structural Loading ........ 15 9. ENGINEER'S STATUS DURING 6.19 Record Documents ........... 15 CONSTRUCTION ................. 19 6.20 Safety and Protection .......... 15 9.1 OWNER's Representative ..... 19 6.21 Safety Representative .......... 15 9.2 Visits to Site ............. 19 6.22 Hazard Communication Programs .. 16 9.3 Project Representative ..... 19-21 6.23 Emergencies ............... 16 9.4 Clarifications and Interpre- ,. 6.24 Shop Drawings and Samples ..... 16 tations ................ 21 9.5 Authorized Variations in Work .. 21 EJCDC GENERAL CONDMONS 1910-8 (1990 EDITION) ii w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) r.. Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ....... 21 9.7-9.9 Shop Drawings, Change Orders and Payments ............. 21 9.10 Determinations for Unit Prices .... 21 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter ..... 22 9.13 Limitations on ENGINEER's Authority and Responsibilities ... 22 10. CHANGES IN THE WORK ............ 22 10.1 OWNER's Ordered Change ...... 22 10.2 Claim for Adjustment ......... 23 10.3 Work Not Required by Contract Documents ............... 23 10.4 Change Orders .............. 23 10.5 Notification of Surety ......... 23 11. CHANGE OF CONTRACT PRICE ........ 23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ................ 23 11.4 Cost of the Work ............ 24 11.5 Exclusions to Cost of the Work ... 25 11.6 CONTRACTOR's Fee ......... 25 11.7 Cost Records ............... 25 11.8 Cash Allowances ............ 25 11.9 Unit Price Work ............. 26 12. CHANGE OF CONTRACT TIMES ........ 26 12.1 Claim for Adjustment ......... 26 12.2 Time of the Essence .......... 26 12.3 Delays Beyond CONTRACTOR's Control ................. 26 12.4 Delays Beyond OWNER's and CONTRACTOR's Control ..... 26 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC77VE WORK ................. 27 13.1 Notice of Defects ............ 27 13.2 Access to the Work ........... 27 13.3 Tests and Inspections; CONTRACTOR's Cooperation ... 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory .. 27 13.5 CONTRACTOR's Responsibilities ............ 27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval ...... 27 13.8-13.9 Uncovering Work at ENGI- NEER's Request ......... 27 13.10 OWNER May Stop the Work .. 27 13.11 Correction or Removal of Defective Work .......... 28 13.12 Correction Period .......... 28 13.13 Acceptance of Defective Work .. 28 13.14 OWNER May Correct Defective Work ................ 28 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................... 28 14.1 Schedule of Values ......... 28 14.2 Application for Progress Payment.............. 29 14.3 CONTRACTOR's Warranty of Title ................. 29 14.4-14.7 Review of Applications for Progress Payments ........ 29 14.8-14.9 Substantial Completion ....... 30 14.10 Partial Utilization .......... 30 14.11 Final Inspection ........... 31 14.12 Final Application for Payment .. 31 14.13-14.14 Final Payment and Acceptance .. 31 14.15 Waiver of Claims .......... 31 15. SUSPENSION OF WORK AND TERMINATION ................... 31 15.1 OWNER May Suspend Work .. 31 15.2-15.4 OWNER May Terminate ..... 32 15.5 CONTRACTOR May Stop Work or Terminate ........ 32 16. DISPUTE RESOLUTION ............. 33 17. MISCELLANEOUS ................ 33 17.1 Giving Notice ............ 33 17.2 Computation of Times ....... 33 17.3 Notice of Claim ........... 33 17.4 Cumulative Remedies ....... 33 17.5 Professional Fees and Court Costs Included .......... 33 17.6 Applicable State Laws ....... 33 Intentionally left blank ............... 34 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ....... GC -Al 16.1-16.6 Arbitration ........... GC -Al 16.7 Mediation ............ GC-A2 EJCDC GENERAL CONDITIONS 191M (1990 EDITION) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9194) iii INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance ............... 5.14 defective Work .......... 10.4.1, 13.5, 13.13 final payment ................ 9.12, 14.15 insurance ...................... 5.14 other Work, by CONTRACTOR ......... 7.3 Substitutes and "Or -Equal" Items ........ 6.7.1 Work by OWNER ........... 2.5, 6.30, 6.34 Access to the - Lands, OWNER and CONTRACTOR responsibilities .................. 4.1 site, related Work .................. 7.2 Work13.2, 13.14, 14.9 Acts or Omissions-, Acts and Omissions - CONTRACTOR ............. 6.9.1, 9.13.3 ENGINEER ................ 6.20, 9.13.3 OWNER .................... 6.20, 8.9 Addenda -definition of (also see definition of Specifications) . (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ............. 5.7 Adjustments - Contract Price or Contract Times ........ 1.5, 3.5, 4.1, 4.3.2, 4.5.21 .......... 4.5.3, 9.4, 9.5, 10.2-10.4, , *............11,12,14.8,15.1 progress schedule .................. 6.6 Agreement - definition of ...................... 1.2 "All -Risk" Insurance, policy form .......... 5.6.2 Allowances, Cash .................... 11.8 Amending Contract Documents ............. 3.5 Amendment, Written - in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ......... 6.8.2, 6.19, 10.1, 10.4, 11.2 .............. 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ........ 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment - definition of ...................... 1.3 ENGINEER's Responsibility ........... 9.9 final payment ...... 9.13.4, 9.13.5, 14.12-14.15 in general ........ 2.8, 2.9, 5.6.4, 9.10, 15.5 progress Payment .............. 14.1-14.7 review of ....................14.4-14.7 Arbitration ..................... 16.1-16.6 Asbestos - claims pursuant thereto .......... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .. 4.5.2 definition of ...................... 1.4 iv Article or Paragraph Number OWNER responsibility for ........... 4.5.1, 8.10 possible price and times change ......... 4.5.2 Authorized Variations in Work .. 3.6, 6.25, 6.27, 9.5 Availability of Lands ................ 4.1, 8.4 Award, Notice of -defined ............... 1.25 Before Starting Construction ........... 2.5-2.8 Bid --definition of ........ 1.5 (1.1, 1.10, 2.3, 3.3, ........ 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of .................... 1.6(6.8.2) Bidding Requirements -definition of ................ 1.7 (1.1, 4.2.6.2) Bonds - acceptance of ..................... 5.14 additional bonds ............. 10.5, 11.4.5.9 Cost of the Work ................. 11.5.4 definition of ...................... 1.8 delivery of .................... 2.1, 5.1 final Application for Payment ...... 14.12-14.14 general .............. 1.10, 5.1-5.3, 5.13, ............... 9.13, 10.5, 14.7.6 Performance, Payment and Other ...... 5.1-5.2 Bonds and Insurance -in general ............. 5 Builder's risk "all-risk" policy form ......... 5.6.2 Cancellation Provisions, Insurance .. 5.4.11, 5.8, 5.15 Cash Allowances . 11.8 Certificate of Substantial Completion 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ....... 9.13.4, 13.5, 14.12 Certificates of Insurance ... 2.7, 5.3, 5.4.11, 5.4.13, ....... 5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price-- Cash Allowances .................. 11.8 claim for price adjustment ... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ...... 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, . 13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR's fee ............... 11.6 Cost of the Work general ................... 11.4-11.7 Exclusions to ................... 11.5 Cost Records ..................... 11.7 in general ... 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing ................ 11.3.2 Notification of Surety ............... 10.5 Scope of . .................... 10.3-10.4 Testing and Inspection, Uncovering the Work ............. 13.9 Unit Price Work ................ 11.9 FJCDC GENERAL CONDITIONS 1910-8 (1990 EDMON) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) Article or Paragraph Number Value of Work ................... 11.3 Change in Contract Times - Claim for times adjustment . 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, . 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits .............. 12.2 Delays beyond CONTRACTOR's control ...................... 12.3 Delays beyond OWNER's and CONTRACTOR's control .......... 12.4 Notification of surety ............... 10.5 Scope of change ............... 10.3-10.4 Change Orders - Acceptance of Defective 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 ................. 10 CONTRACTOR's fee ............... 11.6 Cost of the Work .............. 11.4-11.7 Cost Records .................... 11.7 definition of ...................... 1.9 emergencies..................... 6.23 ENGINEER's responsibility . 9.8, 10.4, 11.2, 12.1 execution of ..................... 10.4 Indemnifiction ......... 6.12, 6.16, 6.31-6.33 Insurance, Bonds and ........ 5.10, 5.13, 10.5 OWNER may terminate .......... 15.2-15.4 OWNER's Responsibility ......... 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 Contract Times ......... 9.4, 12.1 CONTRACTOR's .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, ......... 11.2, 11.9, 12.1, 13.9, 14.8, ................. 15.1, 15.5, 17.3 CONTRACTOR's Fee .............. 11.6 Article or Paragraph Number CONTRACTOR's liability .. 5.4, 6.12, 6.16, 6.31 Cost of the Work .............. 11.4, 11.5 Decisions on Disputes ........... 9.11, 9.12 Dispute Resolution ................. 16.1 Dispute Resolution Agreement ....... 16.1-16.6 ENGINEER as initial interpretor ......... 9.11 Lump Sum Pricing ................ 11.3.2 Notice of ....................... 17.3 OWNER's ..... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9 ........ 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability .................. 5.5 OWNER may refuse to make payment ..... 14.7 Professional Fees and Court Costs Included ..................... 17.5 request for formal decision on .......... 9.11 Substitute Items ................. 6.7.1.2 Time Extension ................... 12.1 Time requirements ............. 9.11, 12.1 Unit Price Work .................. 11.9.3 Value of ........................ 11.3 Waiver of -on Final Payment ...... 14.14, 14.15 Work Change Directive .............. 10.2 written notice required ........ 9.11, 11.2, 12.1 Clarifications and Interpretations .... 3.6.3, 9.4, 9.11 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 ........ 6.22 Completion - Final Application for Payment ......... 14.12 Final Inspection .................. 14.11 Final Payment and Acceptance ..... 14.13-14.14 Partial Utilization ................. 14.10 Substantial Completion ........ 1.38, 14.8-14.9 Waiver of Claims ................. 14.15 Computation of Times ........... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others .................... 6.8-6.11 Conferences - initially acceptable schedules ............ 2.9 preconstruction .................... 2.8 Conflict, Error, Ambiguity, Discrepancy - CONTRACTOR to Report ......... 2.5, 3.3.2 Construction, before starting by CONTRACTOR ................. 2.5-2.7 Construction Machinery, Equipment, etc. ...... 6.4 Continuing the Work .............. 6.29, 10.4 Contract Documents - Amending ........................ 3.5 Bonds.........................5.1 Cash Allowances .................. 11.8 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) Article or Paragraph Number Article or Paragraph Number Change of Contract Price .............. 11 Change of Contract Times .............. 12 Changes in the Work ............ 10.4-10.5 check and verify ................. 2.5 Clarifications and Interpretations ........ 3.2, 3.6, 9.4, 9.11 definition of ..................... 1.10 ENGINEER as initial interpreter of ...... 9.11 ENGINEER as OWNER'S representative .... 9.1 general .......................... 3 Insurance ....................... 5.3 Intent .......................3.1-3.4 minor variations in the Work ........... 3.6 OWNER'S responsibility to furnish data .... 8.3 OWNER'S responsibility to make prompt payment ......... 8.3, 14.4, 14.13 precedence .................. 3.1, 3.3.3 Record Documents ................ 6.19 Reference to Standards and Specifications of Technical Societies .............. 3.3 Related Work ..................... 7.2 Reporting and Resolving Discrepancies .. 2.5, 3.3 Reuseof ........................ 3.7 Supplementing .................... 3.6 Termination of ENGINEER's Employment ... 8.2 Unit Price Work .................. 11.9 variations ................ 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ............ 9.2 Contract Price -- adjustment of .... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Change of ........................ 11 Decision on Disputes ............... 9.11 definition of ..................... 1.11 Contract Times - adjustment of ......... 3.5, 4.1, 9.4, 10.3, 12 Change of ................... 12.1-12.4 Commencement of .................. 2.3 definition of ..................... 1.12 CONTRACTOR - Acceptance of Insurance ............. 5.14 Communications ............... 6.2, 6.9.2 Continue Work ................ 6.29, 10.4 coordination and scheduling ........... 6.9.2 definition of ..................... 1.13 Limited Reliance on Technical Data Authorized ................ 4.2.2 May Stop Work or Terminate .......... 15.5 provide site access to others ........ 7.2, 13.2 Safety and Protection ...... 4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal ............... 6.25 Stop Work requirements ............. 4.5.2 CONTRACTOR's- vi Compensation ................. 11.1-11.2 Continuing Obligation .............. 14.15 Defective Work ........... 9.6, 13.10-13.14 Duty to correct defective Work ......... 13.11 Duty to Report - Changes in the Work caused by Emergency ................. 6.2.3 Defects in Work of Others ........... 7.3 Differing conditions .............. 4.2.3 Discrepancy in Documents .. 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .... 4.3.2 Emergencies..................... 6.23 Equipment and Machinery Rental, Cost of the Work ................. 11.4.5.3 Fee --Cost Plus ......... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee ........ 6.30 Hazard Communication Programs ........ 6.22 Indemnification ........ 6.12, 6.16, 6.31-6.33 Inspection of the Work ............ 7.3, 13.4 Labor, Materials and Equipment ....... 6.3-6.5 Laws and Regulations, Compliance by .... 6.14.1 Liability Insurance .................. 5.4 Notice of Intent to Appeal ......... 9.10, 10.4 obligation to perform and complete 'the Work ..................... 6.30 Patent Fees and Royalties, paid for by ..... 6.12 Performance and Other Bonds ........... 5.1 Permits, obtained and paid for by ........ 6.13 Progress Schedule ......... 2.6, 2.8, 2.9, 6.6, ............... 6.29, 10.4, 15.2.1 Request for formal decision on disputes .... 9.11 Responsibilities - Changes in the Work ............. 10.1 Concerning Subcontractors, Suppliers and Others ............... 6.8-6.11 Continuing the Work ......... 6.29, 10.4 CONTRACTOR'S expense .......... 6.7.1 CONTRACTOR'S General Warranty and Guarantee ............... 6.30 CONTRACTOR'S review prior to Shop . Drawing or Sample submittal ...... 6.25 Coordination of Work ............. 6.9.2 Emergencies................... 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ........... 6.7.3 For Acts and Omissions of Others .......... 6.9.1-6.9.2, 9.13 for deductible amounts, insurance ....... 5.9 general ............... 6, 7.2, 7.3, 8.9 Hazardous Communication Programs ... 6.22 Indemnification .............. 6.31-6.33 Labor, Materials and Equipment .... 6.3-6.5 Laws and Regulations ............. 6.14 Liability Insurance ................ 5A EICDC GENERAL CONDITIONS 191M (1990 EDMON) w! CrrY OF FORT COLLINS MODIFICATIONS (REV 9194) Article or Paragraph Number Article or Paragraph Number Notice of variation from Contract Documents ................ 6.27 Patent Fees and Royalties .......... 6.12 Permits ..................... 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 ............. 6.21 Scheduling the Work ............. 6.9.2 Shop Drawings and Samples ........ 6.24 Shop Drawings and Samples Review by ENGINEER .............. 6.26 Site Cleanliness ................ 6.17 Submittal Procedures ............. 6.25 Substitute Construction Methods and Procedures .............. 6.7.2 Substitutes and "Or -Equal" Items ...... 6.7.1 Superintendence ................. 6.2 Supervision .................... 6.1 Survival of Obligations ............ 6.34 Taxes ...................... 6.15 Tests and Inspections ............. 13.5 To Report ..................... 2.5 Use of Premises ....... 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ............... 6.25 Right to adjustment for changes in the Work . 10.2 right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, . 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ..... 6.20-6.22, 7.2, 13.2 Safety Representative ............... 6.21 Shop Drawings and Samples Submittals . 6.24-6.28 Special Consultants ............... 11.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense ................ 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ... 6.8-6.11 Supervision and Superintendence .. 6.1, 6.2, 6.21 Taxes, Payment by ................ 6.15 Use of Premises ............... 6.16-6.18 Warranties and guarantees ......... 6.5, 6.30 Warranty of Title ................. 14.3 Written Notice Required - CONTRACTOR stop Work or terminate . 15.5 Reports of Differing Subsurface and Physical Conditions ......... 4.2.3 Substantial Completion ............ 14.8 CONTRACTORS -other .................. 7 Contractual Liability Insurance ........... 5.4.10 Contractual Time Limits ................ 12.2 Coordination- - CONTRACTOR's 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 of Defective Work ......... 13.13 Correction or Removal of Defective Work ............. 6.30, 13.11 Correction Period ................. 13.12 OWNER May Correct Defective Work .... 13.14 OWNER May Stop Work ............ 13.10 Cost -- of Tests and Inspections .............. 13.4 Records ........................ 11.7 Cost of the Work - Bonds and insurance, additional ....... 11.4.5.9 Cash Discounts .................. 11.4.2 CONTRACTOR's Fee ............... 11.6 Employee Expenses ............... 11.4.5.1 Exclusionsto ..................... 11.5 General ..................... 11.4-11.5 Home office and overhead expenses ....... 11.5 Losses and damages .............. 11.4.5.6 Materials and equipment ............. 11.4.2 Minor expenses ................. 11.4.5.8 Payroll costs on changes ............. 11.4.1 performed by Subcontractors .......... 11.4.3 Records........................ 11.7 Rentals of construction equipment and machinery ............... 11.4.5.3 Royalty payments, permits and license fees ................. 11.4.5.5 Site office and temporary facilities ...... 11.4.5.2 Special Consultants, CONTRACTOR's .... 11.4.4 Supplemental .................... 11.4.5 Taxes related to the Work ........... 11.4.5.4 Tests and Inspection ................ 13.4 Trade Discounts .................. 11.4.2 Utilities, fuel and sanitary facilities ..... 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 -definition of ................. 1.14 defective Work - Acceptance of .............. 10.4.1, 13.13 Correction or Removal of ....... 10.4.1, 13.11 Correction Period ................. 13.12 in general ................ 13, 14.7, 14.11 E1CDC GENERAL CONDITIONS 19104 (1990 EDITION). w/ MY OF FORT COLLINS MODIFICATIONS (REV 9/94) vii 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 ............... 13.8 Definitions 1 Delays 4.1, 6.29, 12.3-12.4 Delivery of Bonds ..................... 2.1 Delivery of certificates of insurance .......... 2.7 Determinations for Unit Prices ............ 9.10 Differing Subsurface or Physical Conditions - Notice of ...................... 4.2.3 ENGINEER's Review .............. 4.2.4 Possible Contract Documents Change ..... 4.2.5 Possible Price and Times Adjustments ..... 4.2.6 Discrepancies -Reporting and Resolving ........... 2.5, 3.3.2, 6.14.2 Dispute Resolution - Agreement .................. 16.1-16.6 Arbitration .................. 16.1-16.5 general.......................... 16 Mediation ...................... 16.6 Dispute Resolution Agreement ......... 16.1-16.6 Disputes, Decisions by ENGINEER ...... 9.11-9.12 Documents - Copies of ....................... 2.2 Record........................ 6.19 Reuse of ........................ 3.7 Drawings --definition of ................. 1.15 Easements ......................... 4.1 Effective date of Agreement - definition of .. 1.16 Emergencies....................... 6.23 ENGINEER - as initial interpreter on disputes ...... 9.11-9.12 definition of ..................... 1.17 Limitations on authority and responsibilities . 9.13 Replacement of . ................... 8.2 Resident Project Representative .......... 9.3 ENGINEER's Consultant - definition 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 ................ 6.30.2, 9.2 OWNER'S Representative ............. 9.1 Payments to the CONTRACTOR, Responsibility for .............. 9.9, 14 Recommendation of payment ...... 14.4, 14.13 Responsibilities -Limitations on ...... 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ............ 4.2.4 Shop Drawings and Samples, review responsibility .................. 6.26 Status During Construction - authorized variations in the Work ....... 9.5 Clarifications and Interpretations ....... 9.4 Decisions on Disputes .......... 9.11-9.12 Determinations on Unit Price ........ 9.10 ENGINEER as Initial Interpreter .... 9.11-9.12 ENGINEER's Responsibilities ...... 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities ............ 9.13 OWNER'S Representative ........... 9.1 Project Representative .............. 9.3 Rejecting Defective Work ........... 9.6 Shop Drawings, Change Orders and Payments ............. 9.7-9.9 Visits to Site ................... 9.2 Unit Price determinations ............. 9.10 Visits to Site ...................... 9.2 Written consent required ............ 7.2, 9.1 Equipment, Labor, Materials and ........ 6.3-6.5 Equipment rental, Cost of the Work ....... 11.4.5.3 Equivalent Materials and Equipment .......... 6.7 error or omissions .................... 6.33 Evidence of Financial Arrangements ......... 8.11 Explorations of physical conditions ......... 4.2.1 Fee, CONTRACTOR's-Costs Plus ......... 11.6 Field Order - definition of ..................... 1.19 issued by ENGINEER ............ 3.6.1, 9.5 Final Application for Payment ........... 14.12 Final Inspection .................... 14.11 Final Payment - and Acceptance .............. 14.13-14.14 Prior to, for cash allowances ........... 11.8 General Provisions ................ 17.3-17.4 General Requirements - definition of ..................... 1.20 principal references to .... 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ...................... 17.1 Guarantee of Work -by CONTRACTOR .. 6.30, 14.12 Hazard Communication Programs .......... 6.22 Hazardous Waste - definition of ..................... 1.21 general ......................... 4.5 OWNER's responsibility for ........... 8.10 Indemnification .......... 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules .............. 2.9 Inspection - Certificates of ........... 9.13.4, 13.5, 14.12 Final ....................... 14.11 EICDC GENERAL CONDMONS 1910-8 (1990 EDITION) vw w/ CrrY OF FORT COUINS MODIFICATIONS (REV 9/94) the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 7/96 Section 00100 Page 8 Article or Paragraph Number Article or Paragraph Number Special, required by ENGINEER ......... 9.6 Tests and Approval .......... 8.7, 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, 9.13.4, 14.12 completed operations .............. 5.4.13 CONTRACTOR's Liability ............ 5.4 CONTRACTOR's objection to coverage ... 5.14 Contractual Liability .............. 5.4.10 deductible amounts, CONTRACTOR's responsibility ................... 5.9 Final Application for Payment ......... 14.12 Licensed Insurers .................. 5.3 Notice requirements, material changes .. 5.8, 10.5 Option to Replace ................. 5.14 other special insurances .............. 5.10 OWNER as fiduciary for insureds .... 5.12-5.13 OWNER's Liability ................. 5.5 OWNER's Responsibility ............. 8.5 Partial Utilization, Property Insurance ..... 5.15 Property ..................... 5.6-5.10 Receipt and Application of Insurance Proceeds .................. 5.12-5.13 Special Insurance ................. 5.10 Waiver of Rights .................. 5.11 Intent of Contract Documents ............ 3.1-3.4 Interpretations and Clarifications ........ 3.6.3, 9.4 Investigations of physical conditions .......... 4.2 Labor, Materials and Equipment .......... 6.3-6.5 Lands - and Easements .................... 8.4 Availability of ................. 4.1, 8.4 Reports and Tests .................. 8.4 Laws and Regulations -Laws or Regulations - Bonds .......... ............5.1-5.2 Changes in the Work ................ 10.4 Contract Documents ................. 3.1 CONTRACTOR's Responsibilities ....... 6.14 Correction Period, defective Work ....... 13.12 Cost of the Work, taxes ........... 11.4.5.4 definition of ..................... 1.22 general ........................ 6.14 Indemnification ................ 6.31-6.33 Insurance ....................... 5.3 Precedence .................. 3.1, 3.3.3 Reference to .................... 3.3.1 Safety and Protection ............ 6.20, 13.2 Subcontractors, Suppliers and Others ... 6.8-6.11 Tests and Inspections ................ 13.5 Use of Premises ................... 6.16 Visits to Site ...................... 9.2 Liability lnsurance=- CONTRACTOR's...................5.4 OWNER's ....................... 5.5 Licensed Sureties and Insurers ............. 5.3 Liens - Application for Progress Payment ........ 14.2 CONTRACTOR's Warranty of Title ...... 14.3 Final Application for Payment ......... 14.12 definition of ..................... 1.23 Waiver of Claims ................. 14.15 Limitations on ENGINEER's authority and responsibilities .................... 9.13 Limited Reliance by CONTRACTOR Authorized ......................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment ......... 14.12 Manuals (of others) - Precedence .................... 3.3.3.1 Reference to in Contract Documents ...... 3.3.1 Materials and equipment -- furnished by CONTRACTOR ........... 6.3 not incorporated in Work ............. 14.2 Materials or equipment --equivalent ........... 6.7 Mediation (Optional) .................. 16.7 Milestones -definition of ................ 1.24 Miscellaneous - Computation of Times ............... 17.2 Cumulative Remedies ............... 17.4 Giving Notice .................... 17.1 Notice of Claim ................... 17.3 Professional Fees and Court Costs Included .. 17.5 Multi -prime contracts .................... 7 Not Shown or Indicated ................ 4.3.2 Notice of - Acceptability of Project ............. 14.13 Award, definition of ................ 1.25 Claim ........................ 17.3 Defects......................... 13.1 Differing Subsurface or Physical Conditions .. 4.2.3 Giving ........................ 17.1 Tests and Inspections ................ 13.3 Variation, Shop Drawing and Sample ...... 6.27 Notice to Proceed - definition of ..................... 1.26 giving of ........................ 2.3 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 E1CDC GENERAL CONDMONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) ix Article or Paragraph Number Article or Paragraph Number "Or Equal" Items ..................... 6.7 Otherwork .......................... 7 Overtime Work --prohibition of ............. 6.3 OWNER - Acceptance of defective Work .......... 13.13 appoint an ENGINEER ............... 8.2 as fiduciary .................. 5.12-5.13 Availability of Lands, responsibility ....... 4.1 definition of ..................... 1.27 data, furnish ..................... 8.3 May Correct Defective Work .......... 13.14 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 ............. 7.1 permits and licenses, requirements ....... 6.13 purchased insurance requirements ..... 5.6-5.10 OWNER's- 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, ENGINEER's Status .............. 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ..... 8.10 Change Orders .................. 8.6 Changes in the Work ............. 10.1 communications ................. 8.1 CONTRACTOR's responsibilities ...... 8.9 evidence of financial arrangements ..... 8.11 inspections, tests and approvals ........ 8.7 insurance ..................... 8.5 lands and easements ............... 8.4 prompt payment by ............... 8.3 replacement of ENGINEER .......... 8.2 reports and tests ................. 8.4 stop or suspend Work ...... 8.8, 13.10, 15.1 terminate CONTRACTOR's services ................ 8.8, 15.2 separate representative at site ........... 9.3 testing, independent ............... 13.4 use or occupancy of the Work ......... 5.15, 6.30.2.4, 14.10 written consent or approval required ............... 9.1, 6.3, 11.4 written notice required ......... 7.1, 9.4, 9.11, ............. 11.2, 11.9, 14.7, 15.4 PCBS- defntition 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 Progress Payments ....... 14.2 CONTRACTOR's Warranty of Title ...... 14.3 Final Application for Payment ......... 14.12 Final Inspection .................. 14.11 Final Payment and Acceptance ..... 14.13-14.14 general ...................... 8.3, 14 Partial Utilization ................. 14.10 Retainage....................... 14.2 Review of Applications for Progress Payments ............ 14.4-14.7 prompt payment .................... 8.3 Schedule of Values ................. 14.1 Substantial Completion ............ 14.8-14.9 Waiver of Claims ................. 14.15 when payments due ............. 14.4, 14.13 withholding payment ................ 14.7 Performance Bonds ................. 5.1-5.2 Permits ........................ 6.13 Petroleum - definition of ..................... 1.30 general......................... 4.5 OWNER'S responsibility for ........... 8.10 Physical Conditions - Drawings of, in or relating to ........ 4.2.1.2 ENGINEER's review ................ 4.2.4 existing structures .................. 4.2.2 general 4.2.1.2 ...................... Notice of Differing Subsurface or, ....... 4.2.3 Possible Contract Documents Change ...... 4.2.5 Possible Price and Times Adjustments ..... 4.2.6 Reports and Drawings ............ 4.2.1 Subsurface and ..................... 4.2 Subsurface Conditions ............. 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ......... 4.2.2 Underground Facilities - general ....................... 4.3 Not Shown or Indicated ............ 4.3.2 Protection of ............... 4.3, 6.20 Shown or Indicated .............. 4.3.1 ETCDC GENERAL CONDMONS 1910-8 (1990 EDITION) a w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) Article or Paragraph Number Technical Data ................... 4.2.2 Preconstruction Conference ............... 2.8 Preliminary Matters ..................... 2 Preliminary Schedules .................. 2.6 Premises, Use of ................. 6.16-6.18 Price, Change of Contract ................. 11 Price, Contract -definition of ............. 1.11 Progress Payment, Applications for ......... 14.2 Progress Payment-retainage ............. 14.2 Progress schedule, CONTRACTOR's ... 2.6, 2.8, 2.9, ............ 6.6, 6.29, 10.4, 15.2.1 Project -definition of .................. 1.31 Project Representative- ENGINEER's Status During Construction ... 9.3 Project Representative, Resident --definition of ... 1.33 prompt payment by OWNER .............. 8.3 Property Insurance -- Additional ....................... 5.7 general ...................... 5.6-5.10 Partial Utilization ............ 5.15, 14.10.2 receipt and application of proceeds .... 5.12-5.13 Protection, Safety and .......... 6.20-6.21, 13.2 Punch list ........................ 14.11 Radioactive Material-- defintion of ..................... 1.32 general......................... 4.5 OWNER's responsibility for ........... 8.10 Recommendation of Payment ..... 14.4, 14.5, 14.13 Record Documents ............... 6.19, 14.12 Records, procedures for maintaining ......... 2.8 Reference Points ...................... 4.4 Reference to Standards and Specifications of Technical Societies ................ 3.3 Regulations, Laws and (or) .............. 6.14 Rejecting Defective Work ................ 9.6 Related Work - 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 of Defective Work ..... 13.11 rental agreements, OWNER approval required 11.4.5.3 replacement of ENGINEER, by OWNER ...... 8.2 Reporting and Resolving Discrepancies ............ 2.5, 3.3.2, 6.14.2 Reports -- and Drawings .................... 4.2.1 and Tests, OWNER's responsibility ....... 8.4 Resident and Project Representative - definition of ..................... 1.33 provisionfor ..................... 9.3 Resident Superintendent, CONTRACTOR's ..... 6.2 Responsibilities- CONTRACTOR's-in general ............ 6 Article or Paragraph Number 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 Rights of Way ....................... 4.1 Royalties, Patent Fees and ............... 6.12 Safe Structural Loading ................ 6.18 Safety - and Protection ............ 4.3.2, 6.16, 6.18, .............. 6.20-6.21, 7.2, 13.2 general ..................... 6.20-6.23 Representative, CONTRACTOR's ........ 6.21 Samples -- definition of ..................... 1.34 general ..................... 6.24-6.28 Review by CONTRACTOR ............ 6.25 Review by ENGINEER .......... 6.26, 6.27 related Work ..................... 6.28 submittal of ..................... 6.24.2 submittal procedures ................ 6.25 Schedule of progress ......... 2.6, 2.8-2.9, 6.6, ............... 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals .......... 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ........... 2.6, 2.8-2.9, 14.1 Schedules - Adherence to .................... 15.2.1 Adjusting ........................ 6.6 Change of Contract Times ............. 10.4 Initially Acceptable ............... 2.8, 2.9 Preliminary ....................... 2.6 Scope of Changes ............... 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 ............... 9.7-9.9 definition of ..................... 1.35 ENGINEER'S approval of ............. 3.6.2 ENGINEER's responsibility for review .............. 9.7, 6.24-6.28 related Work ..................... 6.28 review procedures ............ 2.8, 6.24-6.28 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) xi Article or Paragraph Number Article or Paragraph Number 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- defination of .................... 1.36 of Technical Societies, reference to ...... 3.3.1 precedence ..................... 3.3.3 Standards and Specifications of Technical Societies ................ 3.3 Starting Construction, Before ............ 2.5-2.8 Starting the Work ..................... 2.4 Stop or Suspend Work - by CONTRACTOR ................ 15.5 by OWNER .............. 8.8, 13.10, 15.1 Storage of materials and equipment ....... 4.1, 7.2 Structural Loading, Safety ............... 6.18 Subcontractor - Concerning .................... 6.8-6.11 definition of ..................... 1.37 delays ........................ 12.3 waiver of rights .................. 6.11 Subcontractors -in general ............. 6.8-6.11 Subcontracts -required provisions .. 5.11, 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 .................... 6.24-6.28 Schedule of Values ............. 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions ............... 2.6, 2.8-2.9 Shop Drawings ................ 6.24-6.28 Substantial Completion - certification of .......... 6.30.2.3, 14.8-14.9 definition of ..................... 1.38 Substitute Construction Methods or Procedures .. 6.7.2 Substitutes and "Or Equal" Items ............ 6.7 CONTRACTOR's Expense .......... 6.7.1.3 ENGINEER's Evaluation ............. 6.7.3 "Or -Equal" ....................6.7.1.1 Substitute Construction Methods or Procedures ................. 6.7.2 Substitute Items ................. 6.7.1.2 Subsurface and Physical Conditions - Drawings of, in or relating to ......... 4.2.1.2 ENGINEER's Review .............. 4.2.4 general......................... 4.2 Limited Reliance by CONTRACTOR Authorized .................... 4.2.2 Notice of Differing Subsurface or Physical Conditions ................. 4.2.3 Physical Conditions ............... 4.2.1.2 Possible Contract Documents Change ...... 4.2.5 Possible Price and Times Adjustments ..... 4.2.6 Reports and Drawings ............... 4.2.1 Subsurface and ..................... 4.2 Subsurface Conditions at the Site ...... 4.2.1.1 Technical Data .................... 4.2.2 Supervision-- CONTRACTOR's responsibility .......... 6.1 OWNER shall not supervise ............ 8.9 ENGINEER shall not supervise ..... 9.2, 9.13.2 Superintendence ...................... 6.2 Superintendent, CONTRACTOR's resident ..... 6.2 Supplemental costs .................. 11.4.5 Supplementary Conditions -- definition of ..................... 1.39 principal references to ...... 1.10, 1.18, 2.2, 2.7, ...... 4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents .......... 3.6 Supplier - definition of ..................... 1.40 principal references to .. 3.7, 6.5, 6.8.6.11, 6.20, .... 6.24, 9.13, 14.12 Waiver of Rights .................. 6.11 Surety - consent to final payment ......... 14.12, 14.14 ENGINEER has no duty to ............ 9.13 Notification of ............. 10.1, 10.5, 15.2 qualification of .................. 5.1-5.3 Survival of Obligations ................. 6.34 Suspend Work, OWNER May ........ 13.10, 15.1 Suspension of Work and Termination-- ........ 15 CONTRACTOR May Stop Work orTerminate .................. 15.5 OWNER May Suspend Work ........... 15.1 OWNER May Terminate .......... 15.2-15.4 Taxes -Payment by CONTRACTOR ........ 6.15 Technical Data - Limited Reliance by CONTRACTOR ...... 4.2.2 Possible Price and Tines Adjustments ..... 4.2.6 Reports of Differing Subsurface and Physical Conditions .............. 4.2.3 Temporary construction facilities ............ 4.1 Termination -- by CONTRACTOR ................. 15.5 by OWNER ............... 8.8, 15.1-15.4 of ENGINEER's employment ........... 8.2 Suspension of Work-in general ........... 15 Terms and Adjectives ................... 3.4 EJCDC GENERAL CONDITIONS 191M (1990 EDITION) xii w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) I Article or Paragraph Number Tests and Inspections - Access to the Work, by others ......... 13.2 CONTRACTOR's responsibilities ....... 13.5 cost of ........................ 13.4 covering Work prior to ........... 13.6-13.7 Laws and Regulations (or) ............ 13.5 Notice of Defects ................. 13.1 OWNER May Stop Work ............ 13.10 OWNER's independent testing ......... 13.4 special, required by ENGINEER ......... 9.6 timely notice required ............... 13.4 Uncovering the Work, at ENGINEER's request ................... 13.8-13.9 Times - Adjusting ....................... 6.6 Change of Contract .................. 12 Computation of ................... 17.2 Contract Times -definition of .......... 1.12 day....................... 17.2.2 Milestones ........................ 12 Requirements - appeals .................... 9.10, 16 clarifications, claims and disputes ...... 9.11, 11.2, 12 Commencement of Contract Times ...... 2.3 Preconstruction Conference .......... 2.8 schedules ............... 2.6, 2.9, 6.6 Starting the Work ................ 2.4 Title, Warranty of .................... 14.3 Uncovering Work ................. 13.8-13.9 Underground Facilities, Physical Conditions - definition of ..................... 1.41 Not Shown or Indicated ............. 4.3.2 protection of ................. 4.3, 6.20 Shown or Indicated ................ 4.3.1 Unit Price Work - claims ....................... 11.9.3 definition of ..................... 1.42 general ................. 11.9, 14.1, 14.5 Unit Prices - general ....................... 11.3.1 Determination for ................. 9.10 Use of Premises ........... 6.16, 6.18, 6.30.2.4 Utility owners ......... 6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial ...... 1.28, 5.15, 6.30.2.4, 14.10 Value of the Work ................... 11.3 Values, Schedule of ........... 2.6, 2.8-2.9, 14.1 Variations in Work --Minor Authorized ............... 6.25, 6.27, 9.5 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 Article or Paragraph Number Warranty of Title, CONTRACTOR's ........ 14.3 Work - Accessto ....................... 13.2 by others .......................... 7 Changes in the ..................... 10 Continuing the . ................... 6.29 CONTRACTOR May Stop Work or Terminate .................. 15.5 Coordination of .................... 7.4 Cost of the . .................. 11.4-11.5 definition of ..................... 1.43 neglected by CONTRACTOR ......... 13.14 other Work ........................ 7 OWNER May Stop Work ............ 13.10 OWNER May Suspend Work ....... 13.10, 15.1 Related, Work at Site ............. 7.1-7.3 Starting the . ...................... 2.4 Stopping by CONTRACTOR ........... 15.5 Stopping by OWNER ............ 15.1-15.4 Variation and deviation authorized, minor .... 3.6 Work Change Directive - claims pursuant to .................. 10.2 definition of ..................... 1.44 principal references to ........ 3.5.3, 10.1-10.2 Written Amendment - definition of 1.45 principal references to .... 1.10, 3.5, 5.10,15.12, ........ 6.6.2, 6.8.2, 6.19, 10.1, 10.4, .......... 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ............. 3.6.3, 9.4, 9.11 Written Notice Required - by CONTRACTOR .......... 7.1, 9.10-9.11, ................ 10.4, 11.2, 12.1 by OWNER ...... 9.10-9.11, 10.4, 11.2, 13.14 EiCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) No Text (This page left blank intentionally) EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) xiv w/ C]TY OF FORT COLLINS MODIFICATIONS (REV 9/94) No Text GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work_ to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for fund payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary .Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. ETCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) 1.20. General Requirements —Sections of Division 1 of the Specifications. Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1 22 b Legal Holidays —shall be those holidays observed by the City of Fort Collins. 1.23. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award —A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commencea to run and on which CONTRACTOR shall start to perform —CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy 1.32.b. Regular Working Hours —Regular workine hours are defined as 7:00am to 6:00om unless otherwise specified in the General Requirements. 1.33. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable E1CDC GENERAL. CONDITIONS 1910-8 (1990 E(fition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9194) V1 C--i W a a A q television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work Work to be paid for on the basis of unit prices. 1.43. Work -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive -A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment -A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELE%C NARY MATTERS Delivery of Bonds. 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract 71mes; Notice to Proceed. 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. le ne even! ..Q the the day of Bid opening or the thil4ieth day ftfier t-he eer4ief Starting the Work. 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by En¢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 in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR aed-8 R shall each deliver to *e ether OWNER, with copies to ENGINEER, certificates of insurance (and other evidence of insurance EiCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) nesenably--fegmst reguested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4,.-5.6-and 54. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, . * 'of the fifst before go work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as agprepriate designated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress paymeat shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well -]crown 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 Spectfiications of Technical Societies, Reporting and Resolving Discrepancies. 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction E1CDC GENERAL CONDMONS 191" (1990 Edition) wl CrrY OF FORT COLLINS MODIFICATIONS (REV 9194) 3.5.2. a Change Order(pursuantto paragraph 10.4), or (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", .as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABE ITY OF LANDS; SUBSURFACE AND PHYSICAL CONDMONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upen nesemble written requwt-, Of Of 0 OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of ETCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) any delay in OWNER'S furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized, Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or 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, prempt}y immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change., If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Dmes Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4,inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor -a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Tines if; EXCDC GENERAL CONDITIONS 1910-9 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed togive the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, pfempily 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 give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material. 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, E1CDC GENERAL. CONDMONS 1910-8 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9194) Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. YY• y . ., . - • L 1 •YW .11 • • - -670 AV PON . .. . 77 Ar. vzo,"PulAd at the ARTICLE 5—BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the '^ current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority _ to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be _ provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. 9MWER "1 EJCDC GENERAL CONDITIONS 191" (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) 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 underworkers'compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary. Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Properly Insurance: ._ . .. �Y. �'io EICDC GENERAL COMMONS 191M (1990 Edition) w/ CTrY OF FORT COLLINS MODIFICATIONS (REV 9/94) fk demse a SV 1 -- > a 1. 11 ' > tee• .r. Ie....• A.,. .Lr. a1• a r ter , .I ..L 1 eeRqset debris 1 by the Su"Ismeft" Gendifiew, repkeemem of any insured prep 7• a An Cean a LFBGS • L 1 I. Ir • .. YYr y1 ► • ! 1. 1• • •. 1. r . . - . _ - - .. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others 3a ne 10 — - _ _ _ . I. IN• • I. 1 _ _ _:.. 1 • . YY• Y 11-10 • 1. 1 FJCDC GENERAL. CONDITIONS 1910.8 (1990 Edition) w/ MY OF FORT COLLINS MODIFICATIONS (REV 9194) 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 , if required in writing 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 Beads ee insurance required to be purchased and maintained by the ether—paet-Y CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, tke OWNER will notify CONTRACTOR in writing within tea fifteen days after reeeipt delivery of the certificates 4er ether to OWNER as required by paragraph 2.7. pfevide is the Other Mash Additional ilakfmatiea in r-esP&A Cinsufflnee Aided as the oche_ _ reasenably ate e m , orc .. h e-a.. e ♦. pta:.._-_e- ♦e paFty's intefests GA die 8"eass of the ps" who was Partial Utilization —Property Insurance: 5.15. If OWNER fords it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment. 6.3. " CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be Performed on Saturday. Sunday. Holidays or outside the Regular Working Hours. ETCDC GENERAL, CONDITIONS 1910-8 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) 11 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the 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 c9a 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 supohers and producers of cement or products containing cement to certify that the cement was not made in —cement lalns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description 12 contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be — accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal": If in ENGINEER's sole — discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may .. be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without. compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the _ General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by _. ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make — written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed — substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or -� credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected _ E1CDC GENEF AL CONDITIONS 1910-8 (1990 Edition) w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 9194) SECTION 00100 INSTRUCTIONS TO BIDDERS by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 68. 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. 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 Supplementaff Gendifis Biddine 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 prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, - OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) e€aay efganizatieff se identified slay Yes feveiesd en the b"i will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or organization on the Work unless prior written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of EICDC GENERAL CONDMONS 191M (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) 13 Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. .. ------------- Patent Fees and Royalties. 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations. 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2.If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes. 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into theglyiect. Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado. 80261 E1CDC GENERAL CONDMONS 1910-8 (1990 Edition) 14 w/ CrrY OE FORT COLLINS MODIFICATIONS (REV 9/94) Sales and Use Taxes for the State of Colorado. Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (includine State collected taxes), on any items other than construction and building materials physically incorporated into the proiect are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents. 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of ail Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that ECDC GENERAL COMMONS 1910-8 (1990 Edition) w/ CrrY OF FORT COLL 4S MODIFICATIONS (REV 9/94) 15 6.25. Submittal Procedures: the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Sgfety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance. with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified; 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) 17 or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expanse 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. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Is CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer ageissE whose status under the Contract Documents all be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER'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 OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures EJCDC GENERAL CONDITIONS 191" (1990 Edition) w/ CITY OF FORT COLLINS MODIRCATIONS (REV 9/94) at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. - - . .. . ~11-00.01114. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWNER Is Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and in the Supplemen" Gesditimi of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in paragraph 9.3 CONTRACTOR. 9.3.2. Duties and Responsibilities. Representative will: 9.3.2.1. Schedules - Review the progress schedule and other schedules prepared by the E1CDC GENERAL CONDITIONS 191" (1990 Edition) w/ MY OF FORT COLLINS MODWICATIONS (REV 9/94) 19 9.3.2.3. Liaison CONTRACTOR and consult with the ENGINEER concerning acceptability. 9 3 2 2 Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconstruction conferences progress meetings and other iob conferences and prepare and circulate copies of minutes of meetings. 20 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR. working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or information. when required for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shon Drawing or sample submission if the submission has not been --� approved by the ENGINEER. 9.3.2.4. Review of Work. Reiection of Defective Work. Inspections and Tests - 9 3 2 4 1 Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies having iurisdiction over the Project. record the results of these inspections and report to the ENGINEER. 9 3 2 5 Interpretation ofContract Documents _ Resort to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER. 9 3 2 6 Modifications Consider and evaluate CONTRACTOR'S suggestions for modification m Drawings or Specifications and report these recommendations to ENGINEER Accurately transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.7. Records. 9 3 2 7 1 Maintain at the Representative's office orderly files concerning correspondence reports of iob conferences Shop Drawings and samples reproductions or EJCDC GENERAL COMMONS 1910-8 (1990 Edition) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9194) 9.3.2.7.3. Record names addresses and telephone numbers of all CONTRACTORS. subcontractors and major suppliers of equipment and materials. 9.3.2.8. Reports. 9 3 2 8 1 Fumish ENGINEER periodic TV, as required of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawmg and sample submittals. 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests, inspections or start of important phases of the Work. 9 3 2 8 3 Draft proposed Change Orders and Work Directive Changes, obtammg backup material from the CONTRACTOR and recommend to ENGINEER Change Orders Work Directive Changes and field orders. 9 3 2 8 4 Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring correction or completion. 9 3 2 10 2. Conduct final inspection in the company of the ENGINEER. OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9 3 3 Limitation of Authority: The Representative shall not: 9 3 3 1 Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER. 9 3 3 2 Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR. Subcontractors, or CONTRACTOR'S superintendent. 9.3.3.4. Advise on, or issue directions relative to or assume control over any aspect of the means methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connection with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupv the Work in whole or in part. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER. Clarifications and Interpretations. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the foam of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. EJCDC GENERAL CONDMONS 191043 (1990 Edition) w/ Crry OF FORT COLLINS MODIFICATIONS (REV 9/94) 21 Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing Part' in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect 22 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 famishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXIHBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 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 FJCDC GENERAL CONDITIONS 191" (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)