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HomeMy WebLinkAbout102511 LAFARGE NORTHERN - CONTRACT - BID - 27059 5983 SOUTH LEMAY AVENUE WIDENING PROJECTCat 7irc4Slp, �•�0 SPECIFICATIO AND CONTRACT DOCUMENTS FOR South Lemay Avenue Widening Project Y BID NO. 5983 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS June 16, 2006 — 3:00 P.M. (OUR CLOCK) P SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort 12/03 Section 00100 Page 1 within the control of a Subcontractor or Supplier shall be deemed to he delays within the control of CONTRACTOR 12 4_ Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or \lilestones) due to delay beyond the control of both OWNER and CONTRA&01O an extension of the Contract Tunes (of Milestones) in an amount equal to the time last due to such delay shall be CONTRACTORS sole Lund 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 (n) delays beyond the control of both parties including, but not limited to, Cues, 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 INSPFCTIONS; CORREC770N, RFMOV,U, OR ACCFP7'AIVC"E OF DEFECTII�E' WORK 13.1, tVolice of Defects: Prompt notice of all *fecdve Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defecmv Work may be rejected, corrected or accepted as provided in this Article 13. Access to li%ork: 13.2. OIVNER,ENIGINEER ENGINEER'sComhamt, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reesurnalhle #imes fix their obsevatio % 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 inspediins, 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 ousts incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EXDC OEM RAL COMATIONS 191" (1990 EMon) wf CITY OF FORT (X)LUM MODIFICATIONS (REV 412000) below shall he 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 Reguhuiom of any public burly having jurisdiction require any Work (a part thereol) specifically to be inspected, tested or approved by an employee or other representative of sticn public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvaLs, pay all acts in connection therewith, and furnish ENGINEER the required certificates of inspectim or approval. CONTRACTOR shall also he responsible for arranging and obtaining and shall pay all costs in connection with any inspections. tests or approvals required for OWN(ER's and ENGiNF.ER's acceptance of materials or equipment to be incorporated in the Wo& or of materials, mix designs or equipment submitted for approval prior to CONTRRAACTOR's purchase thereof for incorporation in the Work. 13.6. if any Work (or the work of oilers) that is to be inspected, tested or approved is cowered 1)), CONTRACTOR without written concurrence of INGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall the at CONTRACTOR's expense unless CONTRACTOR has given I N(:iNF'ER timely notice of CONTRACTOR'S intention to cover the same and ENGiNFER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.5. If any Work is covered contrary to the written request of ENGINEER, it must, if` requested by ENGINEER, be uncovered to ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable thtl covered Work be obsen'ed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEER'S request, s6U uncover, expose or odtawtse make available for observation, inspection or testing as ISIGINEE7R may require, that portion of the Wok in question furnishing all necessary labor, material and equipment, If it is fared that such Work is defective, CONTRACTOR shall pay all cleans costs, lasses arc! 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 carts 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. IC however, such Work is not found to be defeefi+e, CONTRACTOR shall he allowed an increase in the Contract Price or an extension of the Contract Times (or Mjlestonesj, or both, directly attributable to such 27 uncovering, exposure, observation. inspection, testing, replacement and rceonstruction, 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 I i and I-'. OWNER May Stop the Work: 13.11). 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 suet a warty that the completed Work will c orif<rnt to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been elimirmted; however, this right of OWNER to stop the Work shall not give rise to anv duty on the pan of OWNER to exorcise this right for the benefit of CONTRACTOR or any surety or other pain. Correction or Removal of Defective Work: 13.11, If required by HNGINEER, CONTRACTOR shall promptly, as directed, either correct all defeetive 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, casts, losses s and damage.% caused by or resulting from such correction or removal (including but not limited to all coats of repair or replacement of work of others) 13.12. Correction Period 13.121. If within oneyea twgyears after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by fhe 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 ckfectve 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 arty damage to other Wok 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 (muse serious risk of lose or damage, OWNER may have the defective Work corrected or the rejected Wok removed and replaced, and all claims, cafe 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. 1312.2. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work the corrxion 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 28 >;tcucatrtF:antcorminortslvlo-8(1990E"M) w10 ry OF FORT COLLINS MODIFICATIONS WN 42otla) Work resulting therefrom) has been cormeted, 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 ~--year two s after such correction or removal and replacement has been satisfnetorih corpleted ;acceptance of Defective Work: 13.13. If. instead of requiring correction or mmuval and replacement of defective LUork, OWNER (nod, prior to ENGINEER's recommendation of final payment, also ENC.INFER) prefers to accept it, OWNER may do so CONTRACTORshall pay all claints costs. losses and damages attributable to OWNF.R's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasomblerim). If anv such acceptance occurs prior to FNGIN}iER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor a% provided in Article I . If the acceptance occurs after such recommendation, an appropriate amount will Ile paid by CONTRA(: f OR to OW'Nf:R. OWNER Ski, Correct Defective Work: rk: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defectme Work or to remove and replace rejected Work as required by ENGINIX.R in accordance with paragraph 13_11, or if CONTRACTOR fails to perform the Work in accordance with the Contact 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 pan 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 stated at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR stall allow OWNER OWNER's represematives, agents and employees, OWNERS other contractors and ENGINEER and ENGLNEER's Consultants access to the site to enable OWNER to exercise the rights and remedies usher 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 iraxrporaung the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Pricey and, if the parties are unable to agree m to the amount the"'OL OWNER may make a claim therefor as provided in Article I - Such claims, casts, lasses 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 Tires (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 I aL es 14.1, The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will he incorporated into a form of Application for Adyment acceptable to ENGINEER. Progress payments on account of Unn Rice Work will he based on the number of units completed Application for ProgrwPapment: 14.2, At least twenty days before the date established for each progress payment (ut not more often than once a month), CONTRACTOR shelf 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 O4YNER'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. A- f,,itrtds that are withheld the OWNER shall not be suubiea to substrtuiioi bertha CONTRAC?OR with _sxcunties or arrangements irtvolvian, trscsaw or custoclianstiiP__ T}y_execWiug_he �Iiwticm fa,.psym�ent Corm the CONTRACTOORR otmessly waives )1i right 4rh1t-olOthle benefits pforoRStatues leseooded etion, CONTRtICTOR's Warranty of Tide. 14.3. CONTRACTOR warrants and guarantees that title to all Wok, 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 ofApplieadons for Progress Payment 14-4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EX'OCUE'NERAL(.O1+ 110M 1910.8(1990Edtion) w, CITY OF FORT COLLIM MOUIFICAMN5 WN V2UUm recommendation of payment and present the Application to OW TR, or return the Application to CONTRACTOR indicating in writing E1\GI3NEER'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 ENGI\'EER'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. E'NGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, haled on ENGINEER's on -site observation-, of the executed Work us an experienced and qualified design profnsicnal and on ENGINEER's review of the lication for Payment and the accompanying data and =Ies. 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 tla: 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 Week 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 mill not thereby be deemed to have represented that: (t) exhaustive or continuous on -site inspections love been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (h) 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, !;hall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, tech»ques, 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 thefi rnishing 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 ?9 OWNER referred to Lit paragraph 14 5, LNGINI L7t 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 ENGiNFERs 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 Contact price has been reduced by Written Amendment or Change Order, 1423. OWNER has been required to correct defeclive tVork or complete Work in accordance with paragraph 13.14, or 14.7.4. HNGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2. I thnvugh 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended bv^ ENGINEER because- 14.7.5. claims have been made against OW'NFR on account of CON'I'RA(7l'OR's performance or furnishing of the Work, 14.7.6. liens have been filed in correction with the Work except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liem, 14,TT there are other items entitling OWNER to a set- off against the amount recommended, cc 14,Tg. OWNER Itan actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 152.1 through 15.24 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 &hdandd 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 30 EXDCOENERAL COMMONS 191"(1990 Edtim) wf 01V OFFORT OOLLI NS MODIFICATIONS (REV 4,20W) tbmiders tlx Work substantially complete. ENGINEER will prepare and deliver to OWNI'.R a tentative cenificate of Substantial Conpletion 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 OWN-FR shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provision of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete. ENGINFER will within fourteen days after submission of the tentative certificate to OWNER notit4 CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fwrteen days execute end deliver to OWNER and CONTRACTOR a dcliinitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion F,NG1NFHR 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 MNGiNEFR in writing prior to ENGiNMR's istiumg the definitive certificate of Substantial Completion, ENGiNEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until fund 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 UdNradon: 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 (n) OWNER, ENGINEER and CONTRACTOR ague wnstitutes a separately furnxioniiig 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 aoconn lished prior to Substartal Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writug to pemtit OWNER to use any such part of the Wok which OWNER believes to be ready for its intended use and substantially compleu. If CONTRACTOR agrees diet such pan of the Work is substantially complete, CONTRAC OR will certify to OWNER and ENGINEER that such pan of the Work is substantially complete and request ETIGI VEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ONGINEER in writing that CONTRACTOR emsidem 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 Walk 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 pan of the Work will be aw6toplished prim 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 iacpection 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 paragraph6,19) 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 subparagraph5,4.13, ((u consent of the suneeiiyy if any, to final payment, and (iirI complete and legs li y effective releases or waivers (satisfactory to OWNER) of all Lies arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (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 WCDC OEMNERRAL CONDMOM41910-8 (19" Edsim) wf OTY OF FORT ODLLINS MODIFICATIONS (REv 4Rta)0) to furnish such a release or receipt in full, COtv'TRACTOR 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 surly to Cumli�x�pmnert are to bebmittedL cmj forms confomhingto the format of the OWNER'S standard forms bound in the project manual. Final i'armrent and Acceptance: 14.13 If, on the basis of ENGENMER's observation of the Work during construction and final inspection, and FNGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Docmnems, ONGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been tulfipled, 1 NG INFER will, within tcn days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for paymera. 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, ENGINE'ER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final psymtem, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentationto OWNER of the Application and accompanying documentation• in appropriate forth 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 subjee-d to pm grnh 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 recommenbaton 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 paymerd of the balance due for that portion of the Work firl yl wtnpleted 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 aoceptartce of final payment will constitute: 14.15.1. a waiver of all claims by OWNER agairst CONTRACTOR. except claims arising from unsettled liens, from defective Work appearing after final iaspectiot pursuant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of airryry special guarantees specified therein or from CONTRACTOR's continuing obligations hurler 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 TERHI INA110N OR ERMay %mspendWank: 15.1. At any time and without cause, OWNER may suspend the Work or arty portion thereof for a period of not more than ninety t )s by notice in writing to CONTRACTOR and ENGINEER which will ftx 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 tlrticles 11 and 12. OWNER dlav Terminate: 15.2 Upon the occurrence of any one or more of the following events' 15.2.1. if CONTRACTOR paustently 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 paragmph2.9 as adjusted from time to time pursuant to paragraph 6.6); 1521 if CONTRACTOR disregards Laws or Regulations of any public body having jttrisdictioix 152.3. if CONTRACTOR disregards the authority of ENGINEER; or 15 ?.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the suety, if arty) seven days written notice and to the extent permitted by Laws artd Regulation, terminate the services of CONTRACTOR, exclude CONTRACTOR ham the site and take possession of the Work and of all CONTRACTOR's too4 appliances, construction equipment and machinery at the site arxf 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 EJCUCOENERAL CONDITIONS 191" (199a Etition) 32 w! 0TY OF FORT CX)LLINS MQUIb'ICATIONS OUV 4alba) 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 Rice exceeds all claims, casts, loses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be Paid to CONTRACTOR If such claims, casts, lasses and damages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER Such claims, costs, losses and damages incurred by M"NER will be reviewed by ENGINEER as to their reasonableness and when so approved by BNGINhPR incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shtll not he required to obtain the lowest price for the Wok performed 15.3. Where CONI'RACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liabilitv. 15.4. IIpon 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 itemsy 15A.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of ientimation, including fair and reasonable sums for overhead and profit on such Work; 15A.2, for expenses sustained prior to the effective date of termination in performing services and finT fishing labor, materials or equipment as r by the Contract Documents in connection with uncompleted Work, plus fair and reasonable stuns for overhead and profit on such experist._s; 15.4.3. for all claims, costs, lasses and damages incurred in settlement of terminated contracts with Subcontractor, Suppliers and others, and 15AA !or reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or outer ecotanic loss arising out of or resulting from such termination CONTR4CTOR May &ap Work or Terminate. 15.5, K Live 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 art on any Application for Pey%tnera within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, theft CONTRACTOR may, upon seven days' written notice to OWNER and FN(31NEER, 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 Agreemena and without prejudice to any other right or remedy, if ENGINEER has failed to act (n an Application for Payment within thirty days after it is submitted. or OWNER has failed for thirty days to pay CONTRACTOR any sum finally deters» ned to be due, CONTRACTOR may upon seven days written notice to OWNER and FNGINEF,R stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this pargraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I 1 mind 12 for an increase in Contact price or Contract Times or otherwise for expenses or damage directly attributable to CYONTRACTOR's stopping Work as permittedhy thisporagmph ARTICLF 16—DIStpITE RFWL1FfION If and to the extent that OWNER and.(X)NTRACTOR 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, stall be as set forth in F, duibit GC -A, "Dispute Resolution Agreement', um be attached hereto and made a Nit hereof'. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphns9.10, 9.11 and 9.12. OWNER and CONTRACTOR may exercise such Tight-, or remedies as either may otherwise have under the Contract Document or by Laws or Regulations in respect of any dispute. ARTICLE 17—b1ISCELI.ANEOITS lining Notice: 171. Whenever any provision of the Contract Document 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 fins, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will he omitted from the computation- FXW CiENETiAL Com)[TIONS 1910,8 (1990 Edo OM wr C11Y OF FORT COL.0 M AI(A)IFICATIONS (REY 4MM) 17 2.2. A calendar clay of twenty-four hours measured from midnight to the text midnight will constitute a day. Nodee of Claim.. 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agent 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 lira itatiots or repose.Cnmulaire Remedies 17.4. The duties and obligations imposed by these Geneml Conditions and the rights and remedies available hereunder to the parties hereto, and, is particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by pamgmphs 6.12, 616,630, 6.31, 6_32 13.1, 13.12, 1314, 14.3 and 15 n 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 Crr; lndnded• 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 imd charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. Agreement, Refetopg to two perti Colorlt(b statutes are as follows' 17.b2. If a claim la;ll rsqured by wC8-26-107) to wtfrom payments to g2NTRRACTOR siactL" funds to insure the payment of all claims for labor motorists team hire sustenancemovisims, tsoveadar or other smtmlies used or consumed W CONTRACTOR or to 33 EKDCOFNERALCONOITIOM Mae (1"OEMm) 34 w/CITY OF FORT(XILIJNS MODIFICATIONS (R", A OOG) (This page left blank inten6anally.) EXIXOEN61tALCOMAnOM 191" (I"OEMM) 35 w! ('3TY OF FORT ODLUM MODIFICATIONS (REV 412009) EXDCOSNEMCONMOM1910s(1990E on) 36 wl CITY OFFORTCX)LLIIS MOOhICAT10NS(kEV4aOoG) Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that 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. 12/03 Section 00100 Page 2 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: i6.1 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 tar claims which have been waived In, the making or acceptance of final payment as provided by paragraph 14.15) will he 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 pater 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 ENGWEER'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 04GMER 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-daq period specified in patWaph I6.'_ as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the Applicable statute of limitations. EJCW GENERAL CONDITIONS 1910-8 (19)0 E(haiw) mP CITY OF FORT COLLINS MODIFICATIONS (REV 999) 16.4. ENcept As provided an paragraph 16.5 below, no arbitration arising out of to relating to the Contract Documents shall include by consolidation joinder or in any other manner any other person or entity (including ENGINEER, ENGINEEWs Consultant and the officers, directors, agents, employees or consulumm 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 necessan, 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 suhstantially involved in a question of law or fact which is cumnion to those who are alrendy parties to the arbitration and which w•il I 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 nosuch 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 Subeantmctor 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 involyt'ng 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 therdw[ and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall fast submit any and all unsettled claims, counterclaims. disputes and other matter; in question between them arising out of or relating to the Contract Documents or the limch thereof ("disputes"), to mediation by the American Arbitration Association under the Construction hadustry Mediation Rules of the American Arbitration Association prior to either of them initialing 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 sulmnitted to mediation within those same applicable time lanits and shhadd remain suspended until ten days after the termination of the mediation. The mediator d>11 any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. OC•Al EICDC OMERAL CONDITIONS 1910-2 (1990 Edtimi) wl CITY OFFORTCOLLINS MODMICATIONS (REV 9194) OC-Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: CTL THOMPSON Incorporated -- Project Number: FC03658-135 Subgrade Investigation and Pavement Design for South Lemay Avenue Widening, Fort Collins, Colorado Prepared December 29, 2005 Revised March 9, 2006 Approved March 16, 2006 Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 7/96 Section 00800 Page 1 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule nine (9) days lost due to abnormal weather conditions. 7/96 Section 00800 Page 2 r 9/99 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. I Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: 9/997/96 Section 00960 Page 1 $0.00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 .$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 3 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 4 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. 12/03 Section 00100 Page 3 South Lemay Widening Project (2006) Project Date: April 10, 2006 SOUTH LEMAY AVENUE WIDENING PROJECT (2006) The Engineers Joint Contract Documents Committee General Conditions govern the construction of this contract. The following General Requirements supplement these General Conditions. PROJECT GENERAL REQUIREMENTS TABLE OF CONTENTS SECTION PAGE 01010 SUMMARY OF WORK............................................................................................ General Reqs. 2-3 01040 COORDINATION..................................................................................................... General Reqs. 4-5 01310 CONSTRUCTION SCHEDULES............................................................................. General Reqs. 6-7 01330 SURVEY DATA— (Contractor Supplied)................................................................. General Reqs. 8 01340 SHOP DRAWINGS................................................................................................... General Reqs. 9-11 01410 TESTING... ................................................................................................................ General Reqs. 12-13 01510 TEMPORARY UTILIITIES...................................................................................... General Reqs. 14 01560 TEMPORARY CONTROL....................................................................................... General Reqs. 15-16 01570 TREE PROTECTION............................................................................................... General Reqs. 17-18 01580 TRAFFIC REGULATION — (Contractor Supplied) ................................................. General Reqs. 19-21 01700 CONTRACT CLOSEOUT........................................................................................ General Reqs. 22 01711 SITE CLEANUP....................................................................................................... General Reqs. 23 01720 PROJECT RECORD DOCUMENTS....................................................................... General Reqs. 24 P:\Street Oversizing\South Lemay Avenue Widening Project 2006\13id Docs\Construction Specs\General Rcqs General Reqs. - 1 South Lemay Widening Project (2006) Project SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. The Work shall consist of the construction of the outlined improvements: Bid 5983 South Lemay Avenue Widening Project Date: April 10, 2006 South Lemay Avenue Widenine (2006): These improvements include intersection and arterial street improvements from Nassau Way south to Carpenter Road (approximately 2380 linear feet) . The scope includes reconstruction and widening Lemay Avenue to a four lane arterial street from its existing two-lane configuration, and interim widening at the Lemay/Carpenter intersection to accommodate auxiliary turn lanes. A full closure has been granted to construct all necessary improvements. The City of Fort Collins Pavement Maintenance Program is coordinating rehabilitation a 2"overlay work on Lemay Avenue From Trilby Road to Nassau Way ( approximately 2,500 linear feet) with this project. Roadway improvements include the installation of curb -and -gutter, asphalt paving, bike lanes, some landscaped medians, and storm and sanitary sewer installations in the area of reconstruction. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. 2. Restore all areas disturbed to match surrounding surface conditions. 3. The Owners Field Representative must approve the condition of all replaced and/or restored areas prior to final payment. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES The following items shall be coordinated between the Contractor and the Owners Field Representative. A. Notify private owners of adjacent properties, utilities, irrigation canals, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior to excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items, which would affect their daily operation. P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid DocsTonstruction Specs\General Reqs General Reqs. - 2 South Lemay Widening Project (2006) Project Date: April 10, 2006 E. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. UTILITIES Water: City of Fort Collins, Colorado 221-6681 Storm Sewer: City of Fort Collins, Colorado 221-6589 Sanitary Sewer: City of Fort Collins, Colorado 221-6681 Electric: City of Fort Collins, Colorado 221-6700 Gas/Electric: Xcel Energies 225-7847 Telephone: Qwest Communications 377-6401 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: AT&T Broadband 493-7400 FCLWD: Fort Collins Loveland Water District 226-3104 ext. 17 Water: Fort Collins Loveland Water District 226-3104 ext. 17 Sewer: Fort Collins Loveland Water District 226-3104 ext. 17 Electric: Poudre Valley REA 226-1234 *Utility Locates Under A One -call @ system 1-800-922-1987 Ditch Companies as required AGENCIES Occupational Safety & Health Administration (OSHA): 844-3061 Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Larimer County Sheriffs Department Non -Emergency: 221-7177 Emergency: 911 Postmaster: US Postal Service Judith Robertson: 225-4111 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Gcncral Rcqs General Reqs. - 3 South Lemay Widening Project (2006) Project SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES Date: April 10, 2006 A. Coordinate operations under contract in a manner, which will facilitate progress of the Work. The Contractor shall also coordinate with the Utility Companies and City Traffic Department whose Work is separate from the General Contractor's contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. To work with the local fire and police departments to ensure the traffic control plan is followed in emergency situations with no exceptions of disruption to traffic flow. E. Keep traffic areas and temporary residential accesses free of excavated material, construction equipment, pipe and other material and equipment. F. Keep fire hydrants and utility control valves free from obstruction and available for use at all times. G. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. H. Provide and maintain temporary approaches or crossings at streets and residences. 1.2 SCHEDULE AND MILESTONES The Contractor shall submit a detailed project schedule showing milestones and the critical path for South Lemay Avenue Widening Project 2006. This schedule shall be agreed to by both the Owner and Contractor. It shall be made in writing and signed by both parties. 1.3 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. I. Contractor shall participate in the conference accompanied by all major Subcontractors. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. Contractor shall submit in writing proposed daily construction hours to Engineer for approval. 4. Contractor shall designate all access roads and parking areas in writing to the Engineer for approval. 5. The Engineer shall invite all utility and irrigation companies involved. 6. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 7. The Engineer shall introduce the Project Representatives. 8. At this time the superintendent will be expected to show that he has sufficient knowledge of the specifications and plans to orchestrate and coordinate the construction actives for this job. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. PAStreet Oversizing\South Lemay Avenue Widening Project 2006\13id DocsTonstmction Specs\General Rcqs General Reqs. - 4 South Lemay Widening Project (2006) Project Date: April 10, 2006 C. The Engineer may hold coordination conferences, to be attended by all parties involved, when the Contractor's operations affect, or are affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.4 PROGRESS MEETINGS A. Contractor and Project Manager shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Project Manager. 4. Others as may be requested by Contractor, Engineer or Owner. C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. 5. Review Milestone Schedule. 6. Discuss the work scheduled for the next two weeks. 7. Discuss the surveying needed for the next week. D. The Engineer or a Project Representative shall preside at meetings and record and distribute minutes to the participants. E. The Engineer or Engineer's Field Representative and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION P:\Strect Oversizing\South Lemay Avenue Widening Project 2006\13id Docs\Construction Specs\General Reqs General Reqs. - 5 South Lemay Widening Project (2006) Project SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL Date: April 10, 2006 A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. 2. The contractor will be required to submit a weekly progress schedule showing work to be completed, labor, equipment, work hours and methods of construction for the up coming week. This schedule will be required every Thursday in a daily calendar format. C. The schedule must show how the street, storm sewer, concrete and paving work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones. B. Equipment, Materials and Submittals schedule. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a critical path schedule for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. P:\Street Oversizing\South Lemay Avenue Widening Project 2006\13id DocsTonstruction Specs\General Reqs General Reqs. - 6 South Lemay Widening Project (2006) Project 1.5 OWNER'S RESPONSIBILITY Date: April 10, 2006 A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting the Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\13id Docs\Construction Specs\General Rcqs General Reqs. - 7 South Lemay Widening Project (2006) Project SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS Date: April 10, 2006 A. The Owner will not provide the construction surveying for the Project. The Contractor will be responsible to provide the surveying required on this project. B. The Owner will make the projects CAD drawings available to the Contractor upon request. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of restaking construction stakes and for the cost of re-establishing a destroyed monument. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\13id DocsTonstruction Specs\General Reqs General Reqs. - 8 South Lemay Widening Project (2006) Project SECTION 01340 SHOP DRAWINGS 1.1 GENERAL Date: April 10, 2006 A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. The Engineer will not accept Shop Drawings or other submittals from anyone but the Contractor. B. Schedule: Reference Section 0 13 10, Construction Schedules. Submittals received by the Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to the Engineer before the time required by the schedule. C. Any need for more than one resubmission, or any other delay in obtaining the Engineer's review of submittals, will not entitle the Contractor to an extension of the Contract Time, unless delay of the Work is directly caused by failure of the Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents the Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle the Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit a corrected submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by the Contractor and properly marked by the Engineer, are at the site and available to workmen. F. Only use Shop Drawings which bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets, catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation, or maintenance. But these submittals do not constitute a basis for determining that items P:\Street Oversizing\South Lemay Avenue Widening Project 2006\13id Docs\Construction Specs\General Reqs General Reqs. - 9 South Lemay Widening Project (2006) Project Date: April 10, 2006 represented thereby conform to the design concept or comply with the information given in the Contract Document. The Engineer reviews such submittals for general information, but not for substance. 1.2 SUBMITTAL REGISTER A. The Contractor shall complete the Submittal Register and submit with the Final Construction Schedule submittal. The Contractor must resubmit an updated Submittal Register with each application for progress payment. A format of the Submittal Register is provided below, Contractor should reproduce this format, (or an approved alternate) for this register. B. Instructions for Completing the Submittal Register: Column 1: References, specification section, and paragraph in which submittal is requested. This will be done for each item of equipment or material. Column 2: Describe types of submittal required, i.e., shop drawing, certificate, etc. Column 3: List the material or item for which submittal is required. Column 4: Contractor shall provide the date that he intends to make each submittal. Column 5: Contractor shall provide that date by which each submittal must be approved to accomplish timely incorporation into the project. Column 6: Contractor shall provide the mailing date of the initial submittal made to the Owner. Column 7: Contractor shall record the review action of the Owner to the last submittal for the item, equipment, or material. Column 8: Contractor shall record the mailing date of subsequent submittal for each item, equipment, and material until submittal is accepted by Owner. Column 9: Contractor may record remarks as necessary to coordinate with other submittal or provide necessary information. 1.3 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished. I. Detailed installation drawings showing foundation details and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Engineer to determine that the materials and equipment conform to the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C. Format. 1. Present in a clear and thorough manner. P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Does\Construction Specs\General Reqs General Reqs. - 10 Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 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. 12/03 Section 00100 Page 4 South Lemay Widening Project (2006) Project Date: April 10, 2006 2. Minimum sheet size: 8 '/2" x 11 ". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings, which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. g. Revisions on re -submittals. It. Contractor's stamp, initialed or signed, certifying the review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.4 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.5 RESUBMISSION REQUIREMENTS A. Make corrections or changes required by Engineer and resubmit until accepted. B. In writing, call Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing, call specific attention to revisions other than those called for by Engineer on previous submissions. D. Shop Drawings 1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\13id Docs\Construction Specs\General Regs General Reqs. - 11 South Lemay Widening Project (2006) Project SECTION 01410 TESTING 1.1 GENERAL Date: April 10, 2006 A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product, which becomes unfit for use after approval hereof, shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on these test procedures (which may be included for specific materials under their respective sections in the Specifications) shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: I. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete tests, except those called for under Submittals thereof. 4. Asphalt tests, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, the Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All re -testing for Work or materials found defective or unsatisfactory, including tests covered under section 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. The control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor's control system shall specifically include all testing required by the various P:\Strect Oversizing\South Lemay Avenue Widening Project 2006\13id DocsTonstruction Specs\General Reqs General Reqs. - 12 South Lentay Widening Project (2006) Project Date: April 10, 2006 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product, which becomes unfit for use after approval hereof, shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on these test procedures (which may be included for specific materials under their respective sections in the Specifications) shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete tests, except those called for under Submittals thereof. 4. Asphalt tests, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, the Contractor shall also be responsible for and shall Day all costs in connection with testing required for the following: I. All performance and field testing specifically called for by the specifications. 2. All re -testing for Work or materials found defective or unsatisfactory, including tests covered under section 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. The control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor's control system shall specifically include all testing required by the various P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid DocsTonstruction Specs\General Reqs General Reqs. - 12 South Lemay Widening Project (2006) Project sections of these Specifications. Date: April 10, 2006 B. Superintendence: The Contractor SHALL employ a full time Superintendent whose sole responsibility is to monitor and coordinate all facets of the Work. The Superintendent shall be on site when work is in Progress (i.e. weekend work). The Superintendent shall have adequate experience to perform the duties of Superintendent. The superintendent shall have the authority to act on behalf of the CONTRACTOR. The superintendent shall not be replaced without written notice to the Owner and Engineer. C. Quality Control: Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Contractor is responsible for documenting all inspections and tests as required by each section of the Specifications. provide copies to the Engineer weekly. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid DoesTonstruction Specs\General Reqs General Reqs. -13 South Lemay Widening Project (2006) Project SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. Date: April 10, 2006 B. Owner will furnish water in reasonable amounts for execution of the work at existing fire hydrants without charge to Contractor. The Contractor shall coordinate and schedule with the Owners' Field Representative for the Water Department to select the appropriate fire hydrant and set the hydrant meter. C. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Owner will fix the place, time, rate and duration of each withdrawal from the distribution system. 2. Unnecessary waste of water will not be tolerated. D. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1. Only Owner shall- operate existing valves and hydrants. 1.2 SANITARY FACILITIES A. Contractor shall furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. Furnish a minimum of two portable toilets at the trailers (if office trailers are required) and a minimum of one at each project work site or as required to accommodate the number of personnel working on site. One facility will delivered to the City of Fort Collins trailer open notice of award of bid. B. Contractor shall properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Contractor to enforce the use of such sanitary facilities by all personnel at the site. D. Place facilities out of public view using the greatest practical extent. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\General Reqs General Reqs. -14 South Lemay Widening Project (2006) Project SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL Date: April 10, 2006 A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 7:30 p.m. and 6:30 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. Chemical dust suppressant shall not be injurious to existing or future vegetation. C. Dust control within the lime deposit area shall conform to the project's health and safety plan. At a minimum, the lime area shall be covered as soon as possible after compaction has been obtained to minimize surface drying and dust. Dust control for this area may involve multiple watering and/or continuous watering to maintain a moist surface. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in eneral will include: 1. Control of runoff 2. Trapping of sediment 3. Minimizing area and duration of soil exposure 4. Temporary materials such as hay bales, sandbags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual and Plan. P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\General Regs General Reqs. - 15 South Lemay Widening Project (2006) Project 1.5 SECURITY Date: April 10, 2006 A. Contractor is responsible for protection of the site and all Work, materials, equipment and existing facilities thereon, against vandalism. B. No claim will be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage resulting from his failure to provide security measures as specified. C. Security measures will be instituted to protect owners of existing facilities during normal operation, but will also include such additional security fencing, barricades, lighting, watchman services or other measures as Contractor feels is required to protect the site. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\General Reqs General Reqs. -16 South Letnay Widening Project (2006) Project SECTION 01570 TREE PROTECTION Date: April 10, 2006 A. Tree Barriers: All trees which will be preserved, but are within the limits of construction, must be protected from all damage associated with construction. A sturdy, physical barrier (fluorescent orange in color) must be fixed in place around each tree for the duration of construction. This barrier will be placed no closer than six (6) feet from the trunk, or one-half of the drip line, whichever is greater. The barrier itself must be fixed so it cannot be moved easily, but the material can be flexible, such as orange safety fence attached to metal T- posts driven into the ground, but must act as an effective deterrent to deliberate or accidental damage of each tree. The Project Engineer or Manager must approve actual materials and location of barrier. The movement or storage of equipment, material, debris, or fill within these required protective barriers is completely prohibited. In situations where the construction will come closer to a tree than six (6) feet, the orange barrier must still be erected. However, additional padding must be placed around the trunk of each tree starting at ground level and proceeding up the trunk to a height of six or seven feet. Padding should be a minimum eight (8) inches thick, and made of a material strong enough to protect the bark from accidental impacts with hand tools or power equipment. B. Accidental Poisonine: During the construction, the Contractor shall not cause, or permit the cleaning of equipment or material within the root zone of any tree. The Contractor shall not store or dispose of waste material including, but not limited to; paints, solvents, asphalt, concrete, mortar, or any other material harmful to the life of a tree, within the root zone of each tree, or group of trees. C. Root Pruning Specifications: When the cutting of tree roots is necessary, each final cut must be made as cleanly as possible for all roots over three (3) inches in diameter using the following method: 1. The line of excavation will be drawn out and appropriate excavation equipment used to clear the area at least six inches in front of the actual finished excavation line. Roots can then be cut using tools such as axes, stump grinders, or trenchers. 2. Each root over three (3) inches in diameter will then be cut cleanly back to the excavation line using a stump grinder operated by an experienced licensed arborist. A sharp hand or bow saw is acceptable for roots under three (3) inches in diameter. Axes and trenchers do not cut roots cleanly and will not be used for final root cuts. D. Contractor shall coordinate with the Owners' Field Representative prior to and during the installation of tree protection and root pruning activities. Owners' Field Representative, at his/her opinion, will contact the City Forester and/or City Arborist for advice and approval of the tree protection measures taken by the Contractor and also the City's advice and approval during the root pruning activities. E. No damaging attachments, wires, signs, permits or other objects may be fastened by any means to any tree preserved on this project. P:\Street Oversizing\South Lemay Avenue Widening Project 2006\13id DocslConstruction Specs\Generat Reqs General Reqs. - 17 South Lemay Widening Project (2006) Project Date: April 10, 2006 F. Violation of Specifications and Penalties for Damaeine Trees: Any violation of these specifications will lead to penalties based on the type of violation and/or the resulting damages, and may be grounds for the termination of this contract. The penalties will be assessed based on the amount of damage done and the total value of that tree, or group of trees, prior to the damage. The minimum penalty will be $100.00. Penalties for any damage will be based on the total value of the tree as determined by the City Forestry Division staff and the severity of the damage as a proportion of the total value of that tree. This could include up to the full value of the tree. As an example, there are two American Elm trees to be preserved on another project. They are valued at $7,960 and $6,667 for the south and north trees respectively. The south tree is approximately 100 inches in circumference, therefore each inch is worth one -hundredth of the value, or $79.60 per inch. Similar/v, the north tree is 91 inches in circumference, making each inch worth $73.26. To extend this to penalties paid, if one inch of the bark on the south tree is scuffed, the penalty would be $100 (the minimum allowed); if two inches are damaged, the penalty would be $159.20 and so on zip to 50% of the circumference of the trunk. If 50% or more is damaged, the full value of the freewill be assessed as a penalty. (This example serves to illustrate how damages will be assessed). This method of assessing penalties will be applicable to all trees not marked for removal on the project, accidental poisoning and improper pruning. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\General Regs General Reqs. - 18 South Lemay Widening Project (2006) Project SECTION 01580 TRAFFIC REGULATION 1.1 TRAFFIC CONTROL Date: April 10, 2006 A. The traffic control for this project shall be the responsibility of the Contractor. Traffic control is defined as those devices necessary to channelize vehicular and pedestrian traffic through the project. The Contractor is responsible for applying their costs associated to their predicted calendar day schedule to determine the lump sum amount. B. The Contractor and/or Traffic Control Contractor must submit traffic control plans and coordinate all traffic control with the City's Traffic Control Coordinator. The traffic control plans must be submitted and approved 72 hours prior to starting construction and before making each modification. C. Conformance: City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Dept. of Transportation), or applicable statutory requirements of authority having jurisdiction. D. The traffic access/control plan limitations for handling traffic for these projects are described below. NOTE. A minimum of sir (6) specialty signs will be required to be installed at locations acceptable by the City of Fort Collins Traffic Operations Department throughout the project notifying the traveling public of the dates and location of the closure. South Lemay Avenue Full Closure: • South Lemay Avenue will be closed between Nassau Way to Carpenter Road. The Contractor will be required to barricade the Carpenter/Lemay intersection with New Jersey Barriers placed behind the stop sign on Lemay from the east sidewalk to the west sidewalk. In addition, type III barricades must be placed at the end of the closures with a 48"x48" sign stating that the road is closed with start and finish dates. • A temporary all -access road must be constructed and maintained throughout the project allowing the Emerson Acres residents access to their homes. The access road must be clearly designated with vertical barricades spaced every 75 feet for 2040 linear feet on both edges of the temporary roadway. A 48"x4g" sign with all of the resident's addresses must be placed on a type III barricade. It will be the responsibility of the Traffic Control Company to inspect the temporary access control devices twice daily or as needed until the project is complete. South Lemay Overlay: • The overlay operation between Trilby Road and Nassau Way will require a one -lane operation. The Contractor will be required to provide seven (7) flaggers to control all side streets and the Trilby intersection during paving operations. Carpenter Road Overlay: • The milling operations will be done under a traveling operation with a one way road traffic control method. The overlay operation at the Carpenter/Lemay intersection will require flaggers to control the east -west traffic movements. PAStreet Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\General Regs General Reqs. - 19 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 12/03 Section 00100 Page 5 South Lemay Widening Project (2006) Project Date: April 10, 2006 Pedestrian Access — Pedestrian traffic shall be maintained along the West side of Lemay Avenue at all times, utilizing temporary sidewalks when necessary. All other pedestrian traffic will be closed and pedestrians will be re-routed per plan. Bike Lanes — Bike lanes must be maintained on the West side of Lemay Avenue. All bicyclists will be required to merge with the pedestrians. Specialty signs must designate the temporary re-route. Residential Access — Access to all residential drives must be maintained at all times. The Contractor will be responsible for constructing, maintaining and delineating a temporary all-weather access road and coordinating with adjacent property owners and the City of Fort Collins representatives. Any modifications to the traffic control plan must be approved by the City's Traffic Control Coordinator and the Engineer. E. Vehicle, bike and pedestrian access to all side streets and private drives shall be maintained at all times. The Contractor will develop an access control plan in coordination with adjacent property owners, and submit it in conjunction with the traffic control plan to the Engineer for approval prior to the start of any Work. Pedestrian and bicycle traffic shall be maintained along the West side of Lemay at all times, utilizing temporary sidewalks when necessary. F. The Contractor must work with the adjacent residents to provide and maintain sufficient access for them during the duration of the project. It will be the Contractors responsibility to coordinate and communicate with the residents during construction. G. The Contractor must maintain, at their cost, access to the Lemay Estates construction site during their business hours. It will be the Contractors responsibility to coordinate and communicate with the businesses during construction. H. The Contractor shall keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. 1. The Contractor shall keep fire hydrants and utility control valves free from obstruction and available for use at all times. J. The Contractor shall provide and maintain, at their cost, temporary driveway approaches on driveways open to traffic at all times to insure that the approaches are smooth, compacted, and will not prohibit or inhibit the use of the driveway. The driveway approaches must be maintained seven days a week. In the case of bad weather the Contractor must repair the driveways immediately following the storm and must work to maintain access during the storm. 1.2 WORK AREA SAFETY A. The Contractor shall maintain a safe work area and protect area residents, motorists, bicyclists, pedestrians, and children from work area hazards. B. The Contractor shall provide all work area safety control devices, such as barricades and safety fence around all excavations and drop-offs. C. Work area safety control devices will not be paid for separately. Cost for this equipment should be included in the lump sum cost for the work items which will require work area safety control devices. P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\General Reqs General Reqs. - 20 South Lemay Widening Project (2006) Project 1.3 PARKING Date: April 10, 2006 A. Provide suitable parking areas for the use of all construction workers and others performing Work or furnishing services in connection with the Project so as to avoid interference with public traffic, Owner's operations, or construction activities. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\General Reqs General Reqs. - 21 South Lemay Widening Project (2006) Project Date: April 10, 2006 SECTION 01700 CONTRACT CLOSEOUT 1.1 SUBSTANTIAL COMPLETION A. Substantial Completion for the South Lemay Avenue Widening Project (2006) shall be defined as the following: 1. All work requiring lane or shoulder closures or other traffic obstructions is complete. 2. Traffic is following the lane arrangements shown on the plans for finished roadway. 3. All pavement construction, joint sealing, and shoulder embankment is complete. 4. Traffic control devices and pavement markings are in their final positions. 5. All pedestrian sidewalks and decorative crosswalks within right-of-way are complete. 6. All medians are constructed with irrigation in place. B. Substantial Completion must be met by October 1, 2006. This information is outlined in Section 00520 - Agreement. 1.2 FINAL COMPLETION A. Final Completion shall be defined as the following: 1. Once substantial completion has been met, the Contractor will be allowed 10 working days to reach final completion. 2. This will include the completion of all Work including cleanup, Project Record Documents shall be turned over to the Owner, all punch list items completed, and all processing of all change orders. The Work must be ready for final payment and acceptance. B. Final Completion will be subject to the terms outlined in Section 00520 - Agreement. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Constmclion Specs\General Reqs General Reqs. - 22 South Lemay Widening Project (2006) Project SECTION 01711 SITE CLEANUP 1.1 GENERAL A. Execute cleanup, during progress of the Work, and at completion of the Work. B. Adequate cleanup will be a condition for recommendation of progress payments. 1.2 DESCRIPTION A. Store volatile wastes in covered metal containers and dispose off site. Date: April 10, 2006 B. Provide on -site covered containers for the collection of waste materials, debris and rubbish. C. Neatly store construction materials, such as concrete forms, when not in use. D. Broom clean adjacent paved surfaces and rake other adjacent surfaces. E. The streets adjacent to the construction area shall be cleaned of debris venerated by the project by the Contractor at the earliest opportunity, but in no case shall the street be left unclean after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary equipment and materials to satisfactorily clean the roadway at no additional cost to the project. The City's Street Department will sweep the street at an approximate hourly rate of $90.00 for a minimum of 2 hours. The Contractor must sign a Contract with the City Street Department prior to requesting street sweeping. Construction "DRAG OUT" will not be tolerated. The Contractor must have the means to sweep, wash and scrape the roadway clear of any materials drug out by construction traffic on -site. The Contractor will monitor his construction traffic and clean as necessary or as directed by the on -site Project Engineer. If the streets are not cleaned by the Contractor within 24 hours after having been given notice from the Project Engineer, the Project Engineer will have the Streets Department sweep the streets at the rates listed above and will back charge the Contractor for expenses incurred. 1.3 DISPOSAL A. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams or waterways. B. Remove waste materials, clearing materials, demolition materials, unsuitable excavated materials, debris and rubbish from the site at least weekly and dispose of at disposal areas furnished by Contractor away from the site. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\13id DocsTonstruction Specs\General Regs General Reqs. - 23 South Lemay Widening Project (2006) Project SECTION 01720 PROJECT RECORD DOCUMENTS 1.1 GENERAL A. Maintain at the site one record copy of: 1. Documents and samples called for in General Conditions 6.19. 2. Field Test Records. 3. Certificates of compliance. 1.2 MAINTENANCE OF DOCUMENTS AND SAMPLES Date: April 10, 2006 A. File documents and samples in accordance with the specifications section numbers. B. Maintain documents and samples in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. 1.3 RECORDING A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. I. Do not cover Work until required information is recorded. C. Marking of Project Records. 1. Legible and with a dark pen or pencil. 2. Ink shall not be water based or subject to easy smearing. D. Mark Drawings to record actual construction. 1. Field dimensions, elevations, and details. 2. Changes made by a Modification. 3. Details not on original Drawings. 4. Horizontal and vertical locations of underground utilities and appurtenances referenced to a minimum of three permanent surface improvements. 5. Depths of various elements in relation to project datum. 6. Location of utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 1.4 SUBMISSION A. Accompany submittal with transmittal letter in duplicate containing: 1. Date. 2. Project title and number. 3. Contractor's names, address, and telephone number. 4. Index containing title and number of each Record Document. 5. Signature of Contractor or his authorized representative. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\13id Docs\Construction Specs\General Reqs General Reqs. - 24 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 ZIEGLER ROAD AND KECHTER ROAD ROUNDABOUT PROJECT The Colorado Division of Highways "Standard Specifications for Road and Bridge Construction" (2005), except as revised herein, is hereby adopted as a minimum standard of compliance for this project. The City of Fort Collins Storm Drainage Construction Standards, City of Fort Collins Water Utilities Standard Construction Specifications, Larimer County Urban Area Street Standards, the Fort Collins — Loveland Water District and South Fort Collins Sanitation District Standards, and City of Fort Collins Work Area Traffic Control Handbook, shall also serve as minimum standards of compliance for this project. They are not included in the contract documents, but may be obtained at the appropriate City Departments. It shall be the Contractor's responsibility to purchase and familiarize themselves with all of the City Department Specifications. These project specifications, City Department specifications, and CDOT standard specifications are considered minimum standards for compliance on this project. In those instances where the CDOT Standard Specifications conflict with the City specifications listed above, the City specifications shall govern. In those instances where the CDOT Standard Specifications conflict with any of the provisions of the preceding Sections 00001 through 01750, General Requirements, the preceding sections shall govern. PROJECT CONSTRUCTION SPECIFICATIONS INDEX OF REVISIONS SECTION PAGE 202 REMOVALS.............................................................................................................. Technical Specs 2-4 203 EXCAVATION AND EMBANKMENT................................................................... Technical Specs 5-7 208 EROSION CONTROL.............................................................................................. Technical Specs 8 210 RESET STRUCTURES............................................................................................. Technical Specs 9-10 304 AGGREGATE BASE COURSE...................................................................6............ Technical Specs 11 306 RECONDITIONING.................................................................................................. Technical Specs 12 307 FLY ASH SUBGRADE STABILIZATION.............................................................. Technical Specs 13 - 16 401 PLANT MIX PAVEMENTS - GENERAL................................................................ Technical Specs 17 - 22 403 HOT BITUMINOUS PAVEMENT........................................................................... Technical Specs 23 — 26 420 GEOSYNTHETICS.....................................................................6............................. Technical Specs 27 - 28 506 RIPRAP..................................................................................................................... Technical Specs 29 - 30 603 CULVERTS AND SEWERS.................................................................................... Technical Specs 31 604 MANHOLES, INLETS AND METER VAULTS.......................................6.............. Technical Specs 32 607 FENCES.................................................................................................................... Technical Specs 33 608 SIDEWALKS AND DECORATIVE CROSSWALKS ............................................. Technical Specs 34 — 35 609 CURB AND GUTTER............................................................................................... Technical Specs 36 619 WATER LINES..................................................................................................4..... Technical Specs 37 630 TRAFFIC CONTROL DEVICES (Contractor Supplied).. .................................. 6 ... Technical Specs 38 - 41 P:\.Street Oversizing\.South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs -1 Soutb Lemay Avenue Widening Project(2006) REVISION OF SECTION 202 REMOVALS Section 202 of the Standard Specifications is hereby revised for this project as follows: Date: May 10, 2006 Subsection 202.01 is revised to include the followine: The Contractor shall remove and dispose of all concrete sidewalk, curb and gutter, crosspans, driveways, inlets, irrigation structures, pipe, structures, asphalt, fence, trees, retaining walls and any other obstructions that are designated for removal by the Engineer. All such removals will be measured in the field, and quantities agreed to by the Contractor and the Engineer. Subsection 202.02 is revised to include the followine: Remove Pipe (RCP, CMP, PVC) - The Contractor shall remove all (clay tile, concrete, PVC, ductile, corrugated metal, steel) pipes according to the construction drawings or as directed by the Engineer. All trenches will be backfilled to City of Fort Collins specifications to 95% compaction. All areas must be graded according to Engineers direction and all pipe removed is to be the property of the Contractor except in the residential drive approaches. The pipes that cross the Emerson Acres Lots will become the property of the adjacent property owners. At! property owners must be Qiven 24 hours notice prior to any work. If the property owners are not interested in keeping the pipe, the pipe then becomes the property of the Contractor. In the instance that the property owner retains the pipes, the Contractor will be asked to place the pipe at the right-of-way boundary for the property owner to retrieve. All drive approaches must be re -compacted and temporary surface placed for access. The driveway materials will be paid for under the Borrow ABC line item. All other labor, materials and equipment used to remove the pipe and re -compact the excavated areas. Remove Existing FES (30" and 42" RCP) - The Contractor shall remove the flared end sections and have the City representative determine if they can be re -used. If the flared end sections are in determined to be in good conditions, then the Contractor will be responsible for storing and placing this item. If the flared end sections have been determined to be unacceptable, then it becomes the property of the Contractor. All labor, equipment, and materials necessary to perform this work, will be paid for under this item. Remove Landscape Timbers and Concrete Block in Driveway (Lot 1 Emerson Acres)— The property owner will be given the option to keep the materials. if the owner is not interested in salvaging the railroad ties and concrete blocks, then the materials become the property of the Contractor. In the case that the owner is interested in retaining the landscaping materials, then the Contractor will be asked to place all materials along the right-of-way boundary. Remove Concrete Irrigation Manholes — The Contractor must expose the 12" ADS pipe on the manhole located on the west side of Lemay Avenue and cut the pipe to protect the existing pipe. The end of the pipe will be plugged with concrete, the manhole removed and the area compacted to 95%. The manhole on the east side of Lemay Avenue will need to be removed and the area compacted to 95%. All labor, materials, equipment, disposal cost and cost to plug the existing pipe must be included in this unit price. Remove Concrete Ditch — Contractor will be required to remove and dispose of all materials. The unit price must include all equipment, labor and materials necessary to complete this work. Rotomill Asphalt Pavement (Carpenter Road — 2" Depth) — This work will be done under traffic. The Contractor must submit a traffic control plan to the City of Fort Collins Traffic Operations department for review, 2 weeks prior to work commencing. The Contractor must provide: pick-up broom, labor, small front end loader (skip tractor), superintendent, and TCS. Prior to the rotomill operations, the Contractor will be required to spot check elevations with a string line or transit. The material will be the property of the Owner and will be hauled to a designated area on site. This item will be paid for by the square yard (SY). Remove Existing Rip -Rap — The Contractor will remove and stockpile the existing rip -rap. Once the proposed storm pipes have been installed, the Contractor will use this rip -rap per drainage plan. Any excess rip -rap will be the property of the Owner. The Contractor will be required to haul the excess to Drake and Ziegler Road within the designated PAStreet Oversizing\South Lemay Avenue Widening Project 20061Bid DocslConstruction SpecslTechnical Specs Technical Specs - 2 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 project limits. The Contractor Shall remove and dispose of all concrete sidewalk, curb and gutter, cross pans, driveways, inlets, irrigation structures, pipe, structures, asphalt, fence, trees, retaining walls and any other obstructions that are designated for removal by the Engineer. All such removals will be measured in the field and quantities agreed to by the Contractor and the Engineer. Prior to removal, concrete and/or asphalt shall be saw cut full depth to a clean and straight vertical line. Pieces of concrete which, due to the Contractor's operations, crack or break beyond the limits of construction shall be saw -cut, or removed to the nearest joint, and removed and replaced at the Contractor's expense. The limit of the repair will be determined by the Engineer. The initial saw cutting to remove existing concrete and/or asphalt shall be considered incidental to the work and shall not be paid for separately under this item. Removal of concrete, asphalt and/or obstructions as described in section 202.01 beyond the limits designated b y the Engineer will be the responsibility of the Contractor and will not be paid for under this section. Disposal Site - Materials designated for removal shall become property of the Contractor, unless noted in the specifications or specified by the Engineer to be salvaged or stockpiled. It shall be the Contractor's responsibility to obtain disposal sites for all unusable material, which is removed. Subsection 202.12 is revised to include the following: The Contractor and the Engineer shall field measure and agree upon the quantity to be removed before the work commences. Should the Contractor fail to request the Engineer to measure any work, the Contractor shall not be compensated for materials that were not measured by the Engineer. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 202-01 Remove Pipe (RCP, CMP, PVC) — (LF) 202-02 Remove Existing FES (30" & 42" RCP) — (EA) 202-03 Remove Landscape Timbers and Concrete Block in Driveway (Lot 1 of Emerson Acres Subdivision) — (LS) 202-04 Remove Concrete Irrigation Manholes — (EA) 202-05 Remove Concrete Splitter Box — (EA) 202-06 Remove Existing Irrigation Brick Vault 6' x 6' x 12' — (LS) 202-07 Remove Concrete Ditch — (LF) 202-08 Remove Curb and Gutter — (LF) 202-09 Remove Concrete Sidewalk — (SF) 202-10 Saw Cut Asphalt— (LF) 202-11 Rotomill Asphalt Pavement (Carpenter Road — 2" Depth) — (SY) 202-12 Pulverize Asphalt in Place (5"— 10" Depth) — (SY) 202-13 Remove Existing Rip -Rap — (SY) 202-14 Transport Existing Rip -Rap to Drake and Ziegler — (CY) 202-15 Remove & Replace Existing Barricade (Type Ill) — (EA) 202-16 Remove Tree Stump (Grinding) — (EA) P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 3 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 202-17 Remove Fence (Various Types) — (LF) 202-18 Remove and Provide Temporary Mailbox — (EA) 202-19 Cap Irrigation Sprinklers — (EA) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in removals and rotomilling, including excavation, backfill, haul and disposal, as specified in these specifications, and as directed by the Engineer. All saw cutting involved in removing the necessary items in order to complete the Work shall be considered incidental to the Work and will not be paid for separately. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 4 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised as follows: Subsection 203.01 is revised to include the following: Unclassified Excavation (including 8" of Existing Road) - This shall consist of excavation of all materials on the site to final grades, excluding the bid items listed in Section 202. Excavation of unsuitable material will only be paid for if it is found to be unsuitable in its original state. This item shall be measured from the plans and cross sections, and will be paid for by the cubic yard. This item shall be paid according to plan quantity. Embankment (Complete in Place) - All excavated material, except the material being hauled and disposed, shall be placed as embankment and compacted, to final grades, as specified in Section 203.07. The use of scrapers will not be permitted to compact the material. A disk with 4 wheel drive tractor 815 CAT or equal will be required to do this work. The embankment quantity was not adjusted to allow for shrinkage during compaction. This item will be measured from the plans and cross sections and will be paid for by the cubic yard. This item will be paid according to plan quantity. Stockpile and Place Pulverized Asphalt— This item shall include the costs associated in transporting the material to the designated stockpile site, stockpiling, placing 3" to 4" of recycled asphalt to the roadway subgrade. Clear and Grub — This item shall include the removal of any tree stumps, shrubs, or other protruding objects prior to stripping the top 6". Borrow - ABC (Class 5 or 6) - (Complete in Place) - This shall include supplying, placing, and compacting aggregate base course as directed by the Engineer. This item will be measured in the field and paid for by the ton. This item will not be paid for as Embankment. Borrow material will only be used for fill if there is a shortage of suitable material onsite and/or as directed by the Engineer and may be used under sidewalks. Muck Excavation (Complete in Place) - This shall include excavation of unsuitable material, supplying and placing Class 1 or 2 Structural Backfill, Pit Run or an approved fill, re -compacting material to finish grade, and haul and disposal of unsuitable material. NOTE: Muck -excavation of material from rain or weather damage or dewatering pump failure will not be paid for and is entirely the Contractor's responsibility. This item shall be measured in the field, and will be paid for by the cubic yard. Topsoil - (Stripping, Stockpiling, Placing) 6" Depth — All areas that have suitable topsoil material shall be stripped to a depth of 6 inches. This material shall be stockpiled and placed after the final grades have been established. This item shall include stripping existing vegetation, temporarily stockpiling, loading, hauling, and placing topsoil material for back of walk and curb areas, and other designated areas. This item shall be paid according to plan quantity. Temporary Access — All Weather Road (2000' x 12') — The Contractor will be required to construct a 2000 foot long, 12 foot wide, 4" deep temporary all weather access roadway for the residents in Emerson Acres on the east side of Lemay Avenue. The roadway must be maintained throughout the duration of the project. In the event of bad weather, the Contractor will be required to blade the roadway as necessary to ensure emergency vehicle access in and out. The costs associated in constructing and maintaining this access road must be included in the unit price. Median Splashblock/Hardscape Shaping (Complete in Place) — The areas in the medians beneath the exposed aggregate concrete shall be backfilled with suitable onsite material approved by the Engineer. These areas shall be backfilled in lifts not to exceed six inches (6") and compacted with a plate compactor or as directed by the Engineer. This item will not be paid for as Embankment. This item will be measured in the field and will be paid for by the square foot. Potholing — The Contractor shall be responsible for locating electrical, gas, fiber optic, cable, telephone, traffic signal conduit and other existing utility lines and shalt be performed every 100 lineal feet or as deemed necessary by the Contractor. All related work, including excavation, backfilling, shoring, labor and number of hours will not be measured and paid for separately, but shall be included in the work. Repair of damaged existing utility lines caused by the Contractor will be at the Contractor's expense. Potholing will be paid as a lump sum item. PAStreet Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 5 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to 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 12/03 Section 00100 Page 6 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 Flowfill Section Over Shallow Utilities — This work shall consist of the removal of soil above an existing utility, after subgrade elevation has been achieved, one foot (P) deep and three feet (3') wide. This excavated area that can not be treated with flyash, will be filled with flowable fill to the top of subgade to protect the existing utility. All related work, material and equipment will not be measured and paid for separately, but shall be included in the work. This work shall be measured and paid for by the linear foot. Import Screened Topsoil (3")— Parkway Areas — This shall include supplying, hauling, placing, and grading screened topsoil between the new curb and gutter and sidewalk, and/or as directed by the Engineer of this project. This material shall be placed and graded on the surface for the future seeding and landscaping (by others). This item will be measured in the field and paid for by the cubic yard. This item will not be paid for as Embankment. These items will not be paid separately under items in section 202, 210, 603, or 604. Embankment and sub -grade material shall be compacted to 95% of maximum density at +/- 2% optimum moisture. Maximum density shall be determined by ASTM D 698. This will apply under the roadway, curb and gutter, sidewalk, and driveways. Topsoil shall be compacted to 85% of maximum density at/or near optimum moisture. Excavation and Embankment will only be paid when a significant change in grade is required, as determined by the Engineer. Minor cuts and fills shall be considered incidental to the work, and shall not be paid separately under this section. If unsuitable sub -grade is encountered and the Engineer directs the Contractor to over excavate the material, the Contractor shall use Aggregate Base Courses (Class 5 or 6), Class 1 or 2 Structural Backfill, Pit Run or an approved fill to backfill the over excavated area if there is not any acceptable material onsite. This Work will not be paid for separately but will be paid under the Muck Excavation item The proposed material shall meet the following minimum requirements: LL Maximum: 30 PI Maximum: 6 "R" Value Minimum: 78 The minimum strength coefficient of the Aggregate Base Coarse shall be 0.11. After specified compaction has been obtained, the sub -grade under the curb, gutter, sidewalk, and pavement shall be proof -rolled with a heavily loaded rubber tired roller, fully loaded water truck, or approved equal. Those areas which produce a rut depth of over one-half (1/2) inch or which crack the sub -grade after pumping and rebounding shall be ripped, scarified, wetted or dried if necessary, and re -compacted to the requirements for density and moisture at the Contractor's expense. Where unsuitable material is encountered, the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade with approved material. The completed sub -grade shall be proof -rolled again after placement of approved material. This will be paid for at the contract unit price for Muck Excavation. The Contractor shall refer to the plans for re -grading information. This work shall include all excavation, embankment, and grading required to prepare these sites for landscaping. Subsection 203.04 is revised to include the following: The excavations and embankments shall be finished to smooth and uniform surfaces conforming to the typical sections specified. Variation from the sub -grade plan elevations specified shall not be more than 0.08 feet. Subsection 203.13 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 6 South Lemay Avenue Widening Project (2006) 203-01 Unclassified Excavation (Including the 8" of Existing Roadway) — ICY) 203-02 Embankment — (CIP) — (CY) 203-03 Stockpile and Place Pulverized Asphalt — (CY) 203-04 Clear and Grub — (I-S) 203-05 Borrow ABC (CI 5 or 6) — (CIP) — (TON) 203-06 Muck Excavation — (CIP) — (CY) 203-07 TopsoilAStripping & Stockpiling) — 6" Depth — (CY) 203-08 Temporary Access — All weather Road (2000' x 12') — (TON) 203-09 Median Splashblock/Hardscape Shaping - CIP — (SF) 203-10 Potholing —(LS) 203-11 Flowfill Section Over Shallow Utilities — (LF) 203-12 Import Screened Topsoil (Y) in Parkway Areas — (CY) Date: May 10, 2006 The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Unclassified Excavation, Embankment, Haul & Dispose, Topsoil (stripping, stockpiling, placing), Muck Excavation, Borrow ABC and Median Hardscape Shaping, including without limitation, haul, stockpiling, placing of material, watering or drying soil, compaction, proof rolling, finish grading, and disposal of unusable materials, as shown on the plans and as specified in these specifications, and as directed by the Engineer. END OF SECTION PAStreet Oversizinoouth Lemay Avenue Widening Project 2006\Bid Docs\Construction SpecsUechnical Specs Technical Specs - 7 South Lemay Avenue Widening Project (2006) REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: Subsection 208.05 is revised to include the following: Date: May 10, 2006 All Erosion Control Devices, Materials, and Techniques required to prevent damage to the storm water facilities as outlined in the City of Fort Collins Standards will be considered incidental to the work, and shall be included in the price. No measurement for payment shall be made for maintenance of Erosion Control devices. This item will be paid for as a lump sum price to the Contractor. Subsection 208.07 is revised to include the following: The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 208-01 Erosion Control — (I-S) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in installing and maintaining erosion control, complete -in -place, as specified in these specifications, and as directed by the Engineer. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 8 South Lemay Avenue Widening Project (2006) REVISION OF SECTION 210 RESETSTRUCTURES Section 210 of the Standard Specifications is hereby revised as follows: Subsection 210.10 is revised to include the following: Date: May 10,2006 Work contained in this Subsection shall meet the requirements of the current City of Fort Collins and Fort Collins - Loveland Water District Utilities Standard Construction Specifications or other applicable water utility agency standard construction specifications. Copies of the specifications can be obtained at The Fort Collins Loveland Water District at 5150 Snead Dr, Fort Collins Colorado. The Contractor shall cooperate and coordinate with the City Water Utilities Department, Fort Collins -Loveland Water District and South Fort Collins Sanitation District or other applicable water utility when shutting off water to minimize downtime to customers. The Contractor shall also coordinate work involving the relocation of fire hydrants, water meters, curb stops, and water valves, and lowering water and sewer service lines, and water lines. The Contractor shall supply all materials required to complete the work that is not supplied by the City or other applicable water utility, and these materials shall be included in the costs of each item. This shall include, but not be limited to; new copper line and fittings, new stop boxes, meter pits, excavation, backfill and compaction. New copper fittings, stop boxes, and meter pits will be required at each location. All structures located in bituminous pavements to be surfaced shall be adjusted prior to, or during paving operations. All structures located within a concrete pavement shall be adjusted prior to pouring the concrete pavement section. The Contractor shall perform all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. The adjustments shall be made as noted below. All structures shall be adjusted to be '/<", (+/-) '/8" below the pavement surface. The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes, valve boxes, or other structures during the construction process. In the event that a structure was not properly adjusted (i.e. too high or too low) or the structure was covered and not adjusted after the paving operation, written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within 5 working days. In the event that the structure is not adjusted within said time frame; the Engineer shall have the right to engage a third parry to complete the work, and to withhold the cost of such work from payments due the Contractor. If a structure is adjusted prior to an overlay operation, the Contractor shall place bituminous base material around the structure as directed by the Engineer to insure that it will not be a hazard to vehicular traffic. This will be paid for under the bid item for Asphalt Patching. Adjust Manhole Ring/Cover — Manholes located within existing asphalt pavement shall be adjusted by removing an area of pavement with a minimum diameter one foot (1') larger than the structure (centered on the structure). This shall be done by cutting vertical edges, adjusting the manhole by grouting concrete rings and/or utilizing metal shims to raise the structure to the proper grade, then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement. NOTE: All manholes shall be raised throueh the top lilt. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions. Any manhole cover which is unstable or noisy under traffic shall be replaced. This item will be paid under Adjust Manhole Ring/Cover — (EA). Modify Manhole - Manholes located within existing asphalt pavement or sub -grade shall be adjusted by removing an area of pavement or sub -grade with a minimum diameter two foot (2') larger than the structure (centered on the structure). All OSHA shoring is the responsibility of the Contractor. This shall be done by cutting vertical edges in the pavement, if required, and excavating below the ground surface to the required barrel seam needed to start the adjustment. The cone section shall be removed and additional sections added or removed to obtain the plan finished P:\.Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 9 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 elevation. All manhole sections shall be cleaned and an approved gasket material applied prior to reassembly. This work shall be done in accordance with the City of Fort Collins Standard Construction Specification and/or the South Fort Collins Sanitation District Specifications for Sewer Mains. The excavation shall be backfilled with on -site material and shall be mechanically compacted or Flowable Fill used if directed by the Engineer. This item will be paid under Modify Manhole — (EA). Flowable Fill will be paid under Section 608. Adjust Valve Box — Valve boxes located within asphalt pavement shall be adjusted by removing the existing pavement around the valve box, adjusting the valve by turning it to the proper grade, trimming the existing asphalt by cutting vertical edges, then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement. If a valve box cannot be turned up, or can be turned up, but not sufficiently to achieve the proper grade or if the top section of the valve box is in poor condition, the Contractor shall excavate around the top section of the valve box and remove and replace the top section with a longer section supplied by the Contractor. The excavation shall then be back filled with Non -Shrink flowftll to the top of sub -grade, and then, material of the same grade and quality as the adjacent pavement shall be placed. The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If, in the opinion of the Engineer, the Contractor is negligent and breaks the valve box, the valve box shall be replaced at the Contractor's expense. This item will be paid under Adjust Valve Box — (EA). Subsection 210.13 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by ( ). 210-01 Adjust Manhole Ring/Cover — (EA) 210-02 Modify Manhole — (EA) 210-03 Adjust Valve Box (FCLWD)— (EA) 210-04 Abandon Water Service — (EA) 210-05 R&R Existing Water Meter Pit to new ROW Location — (EA) 210-06 Reset Mailbox United States Postal Standards — (EA) 210-07 Relocate Gate to ROW — (LS) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the Work involved in adjusting structures, complete -in -place, including non -shrink backfill, concrete, metal shims, bituminous materials, haul and disposal, excavation, bedding material, backfill, and compaction as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technicsl Specs Technical Specs -10 South Lemay Avenue Widening Project(2006) REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is revised as follows: Date: May 10, 2006 Subsection 304.01 is revised to include the following: This work shall consist of placing 6" of Aggregate Base Course (Class 5 or 6) over previously prepared pavement sub - grade approved by the Engineer. Aggregate Base Course will be used under the asphalt pavement section and shall meet the requirements of Subsection 703.03. The proposed material shall meet the following minimum requirements: LL Maximum: 30 PI Maximum: 6 "R" Value Minimum: 78 The minimum strength coefficient of the Class 5 or 6 Aggregate Base Course shall be 0.11 Subsection 304.06 is revised to include the following: Aggregate Base Course shall be compacted to at least 95% of maximum density at or near optimum moisture as determined by ASTM D698. Subsection 304.07 is revised to include the following: Aggregate Base Course will be measured by the ton at proper moisture. Quantity will be adjusted accordingly if the moisture content is too high. Haul and water necessary to bring mixture to optimum moisture will not be measured or paid for separately, but shall be included in the price for Aggregate Base Course. Load tickets shall be consecutively numbered for each day. Soil sterilization shall be applied under all new asphalt Paving and shall be considered incidental to the work Sterilization shall not be paid for separately under this item Subsection 304.08 is revised to include the following: The accepted quantities of Aggregate Base Course will be paid for at the contract unit price per ton. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 304-01 Aggregate Base Course — (Class 5 or 6) - 6" Depth — (CIP) — (TON) 304-02 Aggregate Base Course Patch Placement — (Class 5 or 6) — 6" Depth — (CIP) — (TON) 304-03 Gravel Shoulder — Class 5 or 6 Aggregate Base (4" Depth) — (TON) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in Aggregate Base Course including haul, sterilization, and water. The work will be complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION PAStreet Oversizing\South Lentay Avenue Widening Project 2006tBid DocslConstruction SpecATechnical Specs Technical Specs - 11 South Lemay Avenue Widening Project (2006) REVISION OF SECTION 306 RECONDITIONING Section 306 of the Standard Specifications is hereby revised for this project as follows: Subsection 306.02 is revised to include the following: Date: May 10, 2006 The top 8" of the sub -grade including fill areas (curb, gutter and sidewalk areas) shall be reconditioned by scarifying and re -compacting. The sub -grade shall be thoroughly mixed and dried or moistened to full depth and compacted as specified in Section 203.07. The reconditioned surface shall not vary above or below the lines and grades as staked by more than 0.04 foot under asphalt or concrete pavement or 0.08 foot under aggregate base course. The surface shall be tested prior to application of any base course or pavement. All defective work shall be corrected as directed by the Engineer. The surface shall be protected and maintained until base course or pavement has been placed. If the Contractor chooses to use road base as a fine grading material or a material to mitigate over excavated or rain damaged areas this shall be entirely the Contractor's cost and shall be considered incidental to the Work. The Contractor shall be paid for reconditioning, if reconditioning has been attempted, and muck excavation in the event that unsuitable material is encountered and removed at the direction of the Engineer. It shall be at the Engineer's discretion to determine if the Contractor has made a sufficient effort to control the moisture in the sub -grade material and made a reasonable effort to recondition the sub -grade. Soil sterilization shall be applied under all new asphalt paving and shall be considered incidental to the work. Sterilization shall not be paid for separately under this item. This item (Reconditioning) will not be necessary or paid for in Wash stabilized areas. Subsection 306.04 is revised to include the following: The accepted quantities of Reconditioning will be paid for at the contract unit price per square yard. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 306-01 Reconditioning (8") - (SY) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Reconditioning, complete -in -place, including compaction, wetting or drying, and finish grading, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION PAStreet Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 12 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 REVISION OF SECTION 307 FLYASH SUBGRADE STABILIZATION Section 307 of the Standard Specifications is revised as follows: This item shall consist of treating the sub -grade, from back of curb to back of curb, adding Class "C" flyash, mixing and compacting of the mixed material to the required depth and density. This item applies to natural ground or embankment and shall be constructed as specified herein and in conformity with the typical sections, lines and grades as shown on the plans or as established by the Engineer. MATERIALS A. Flyash - The flyash shall meet ASTM Specification 618, Section 3.2, when sampled and tested in accordance with Sections 4, 6, and 8 unless otherwise shown on the plans. Flyash shall be Class C designation containing a minimum of 25 percent CaO. B. Water - The water used in the stabilized mixture shall be clean, clear, and free of sewage, vegetable matter, oil, acid, and alkali. Water known to be potable may be used without testing. All other sources shall be tested in accordance with AASHTO T-26 and approved by the Materials Engineer. EQUIPMENT A. The machinery, tools and equipment necessary for proper prosecution of the Work shall be on the project site and approved by the Engineer prior to the beginning of construction operations. All machinery, tools and equipment used shall be maintained in a satisfactory and workmanlike manner. B. Flyash shall be stored and handled in closed weatherproof containers until immediately before distribution on the road. If storage bins are used, they shall be completely enclosed. C. If flyash is furnished in trucks, each truck shall have the weight of flyash certified on public scales or the Contractor shall place a set of standard platform truck scales or hopper scales at a location approved by the Engineer. D. All sheep foot compactors shall have all cleaner bars in working condition. E. At the direction of the on -site Engineer a water truck will be on site to support finish and tilling operation. CONSTRUCTION METHODS A. General It is the primary purpose of this specification to secure a completed course of treated material that contains the following: 1. Uniform flyash/soil mixture with no loose or segregated areas; 2. Uniform density and moisture content 3. Is well bound for its full depth 4. A smooth surface suitable for placing subsequent courses. It shall be the responsibility of the Contractor to regulate the sequence of his work; to process a sufficient quantity of material to achieve full depth as shown on plans; to use the proper amounts of flyash; to maintain the work; and to rework the courses as necessary to meet the above requirements at no additional cost. Before other construction operations are initiated, the sub -grade shall be graded and shaped to enable the flyash treatment of materials in place, in conformance with the lines, grades, and thickness shown on the plans. Unsuitable soil or materials shall be removed and replaced with acceptable material. P:1Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs -13 South Lemav Avenue Widening Project (2006) Date: May 10, 2006 The sub -grade shall be firm and able to support, without displacement, the construction equipment and the compaction hereinafter specified. Soft or yielding sub -grade shall be corrected and made stable by scarifying, adding flyash, and compacting until it is of uniform stability. If the Contractor elects to use a trimming machine that will remove the sub -grade material accurately to the secondary grade, he will not be required to expose the secondary grade or windrow the material. However, the Contractor shall be required to roll the sub -grade, as directed by the Engineer, before using the trimming machine and correcting any soft areas that this rolling may reveal. This method will be permitted only where a machine is provided which will ensure that the material is cut uniformly to the proper depth and which has cutters that will plane the secondary grade to a smooth surface over the entire width of the cut. The machine shall be of such design that visible indication is given at all times that the machine is cutting to the proper depth. B. Application The flyash shall be spread by an approved spreader at the rate of 12% dry weight of soil as shown on the plans and as directed by the Engineer. A motor grader shall not be used to spread the flyash. The flyash shall be distributed at a uniform rate and in such manner as to reduce the scattering of fly sh by wind to a minimum. Flyash shall not be applied when wind conditions, in the opinion of the Engineer, are such that blowing flyash becomes objectionable to traffic or adjacent property owners. During final mixing, water shall be added to the materials as directed by the Engineer, until the proper moisture content has been secured. Water shall be added through the pulverizing machine or method acceptable to the Engineer to develop a uniform, controlled rate addition of the needed moisture. Initial mixing after the addition of flyash will be accomplished dry or with a minimum of water to prevent flyash balls. Final moisture content of the mix, prior to compaction, shall not exceed the optimum moisture content of the mix by more than two percent nor by less than the optimum by more than four percent. Should the natural moisture content of the soil be above the specified range, aeration of the soil may be required prior to addition of the flyash. C. Mixing The soil and flyash shall be thoroughly mixed by approved rotary mixers or other approved equipment, and the mixing continued until, in the opinion of the Engineer, a homogeneous, friable mixture of soil and flyash is obtained, free from all clods or lumps. Water required to achieve the specified moisture content for the mixture should be added after initial mixing. If the soil flyash mixture contains clods, they shall be reduced in size by raking, blading, disking, harrowing, scarifying or the use of other approved pulverization methods so that when all non -slaking aggregates retained on the No. 4 sieve are removed, the remainder of the material shall meet the following requirements when tested at the field moisture condition or dry by laboratory sieves: Minimum Passing: 1 inch sieve 100 percent Minimum Passing: No. 4 sieve 60 percent D. Compaction Compaction of the mixture shall begin immediately after mixing of the flyash and be completed within one hour following addition of flyash and water. The material shall be sprinkled as necessary to maintain the optimum moisture. Compaction of the mixture shall begin at the bottom and shall continue until the entire depth of mixture is uniformly compacted to a specified density. All non -uniform (too wet, too dry or insufficiently treated) areas which appear shall be corrected immediately by scarifying the areas affected, adding or removing material as required and reshaping the re -compacting by sprinkling and rolling. The surface of the course shall be maintained in a smooth condition, free from undulations and ruts, until other work is placed thereon or the work is accepted. The stabilized section shall be compacted to the extent necessary to provide the density specified below: PAStreet Oversizing\.South Lemay Avenue Widening Project 2006\Bid Does\Construction Specs\Technical Specs Technical Specs -14 South Lemay Avenue Widening Project (2006) Description For flyash treated sub -grade, existing sub -base or existing base that will receive subsequent sub -base or base courses For flyash treated sub -base or base that will receive surface course Date: May 10, 2006 Not less than 95 percent maximum pry density (ASTM D-698) Not less than 95 percent maximum dry density (ASTM D-698) In addition to the requirements specified for density, the full depth of the material shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. After each section is completed, the Engineer will make tests as necessary. If the material fails to meet the density requirements, the Engineer may require it to be reworked as necessary to meet those requirements or require the Contractor to change his construction methods to obtain required density on the next section. Throughout this entire operation, the shape of the course shall be maintained with a blade, and the surface, upon completion, shall be smooth and in conformity with the typical section shown on the plans and to the established lines and grades. Grading should be terminated within two hours after blending of the flyash. Should the material, due to any reason or cause, lose the required stability, density and finish before the next course is placed or the work is accepted, it shall be reprocessed, re -compacted and refinished at the sole expense of the Contractor. Reprocessing shall follow the same pattern as the initial stabilization, including the addition of flyash. E. Finishing, Curing and Preparation for Surfacing After the final course of the treated sub -grade, sub -base or base has been compacted; it shall be brought the required lines and grades in accordance with the typical sections. The resulting base surface shall be thoroughly rolled with a pneumatic tire roller and "clipped", "skinned" or "tight bladed" by a power grader to a depth of approximately 3 inch, removing all loosened stabilized material from the section. Re -compaction of the loose material should not be attempted. The surface shall then be thoroughly compacted with the pneumatic roller, adding small increments of moisture as needed during rolling. If plus No. 4 aggregate is present in the mixture; one complete coverage of the section with the fat wheel roller shall be made immediately after the "clipping" operation. When directed by the Engineer, surface finishing methods may be varied from this procedure provided a dense, uniform surface, free of surface compaction plans, is produced. The moisture content of the surface material must be maintained within the specified range during all finishing operations. Surface compaction and finishing shall proceed in such a manner as to produce, in not more than two hours, a smooth, closely knit surface, free of cracks, ridges or loose material conforming to the crown, grade and line shown on the plans. 2. After the flyash treated course has been finished as specified herein, the surface shall be protected against rapid drying by either of the following curing methods for a period of not less than three days or until the surface or subsequent courses are placed: (a) Maintain a thorough and continuously moist condition by sprinkling. (b) Apply a two-inch layer of earth on the completed course and maintain in a moist condition. (c) Apply an asphalt membrane to the treated course, immediately after same is completed. The quantity and type of asphalt approved for use by the Engineer shall be sufficient to completely cover and seal the total surface of the base between crown lines and all voids. If the Contractor elects to use this method, it shall be the responsibility of the Contractor to protect the asphalt membrane from being picked up by traffic by either sanding or dusting the surface of same. The asphalt membrane may remain in place when the proposed surface or other base courses are placed. Asphaltic emulsions are not acceptable for the asphaltic membrane. METHOD OF MEASUREMENT Flyash Sub -grade Stabilization will be measured by the square yard to the limits as constructed in the field and be paid for at the contract unit price per square yard. PAStreet Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 15 the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. Y 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. 12/03 Section 00100 Page 7 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 NOTE: The square yards of Flyash Sub -grade Stabilization is an estimate only based on the soils report and general knowledge of the soil conditions in this area. The sub -grade areas to be stabilized with flyash will be determined by the Engineer based upon results after proof rolling and effects resulting from inclement weather conditions. Sub -grade areas not requiring flyash stabilization will be Reconditioned (Revision of Section 306), measured by the square yard as constructed in the field and paid for at the Reconditionine contract unit Drice Der saunre yard. Subsection 307.01 and 307-02 is revised to include the following: if the field soil tests show one or more sulfate indicate a concertration of 0.5 percent a doubble treatment of flyash will occure. The first treatment of 6 percent flyash will installed. The cure time will be two weeks the area will be damped to cure with all coonstruction traffic kept off of area. The second application of flyash will be at 8 percent a cure time of 2 days will be required. In each application of flyash the area will be treated in proceedure as the normal specifications called out in Section 307. the sub grade will be blue topped and cut accrdingly. Subsection 307.03 is revised to include the following; The cost to mobilization for the second application treatment of flyash is to be included into the unit cost. BASIS OF PAYMENT Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 307-01 Option A Flyash Subgrade Stabilization — (6%) - (SY) 307-02 Option A Flyash Subgrade Stabilization — (8%) — (SY) 307-03 Option A Flyash Operation Mobilization — (EA) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Flyash stabilization, complete -in -place, including compaction, and wetting or drying as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION PAStreet Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 16 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 REVISION OF SECTION 401 & 703 PLANT MIX PAVEMENTS — GENERAL & AGGREGATES Section 401 and 703 of the Standard Specifications is hereby revised as follows: Subsection 401.02 is hereby revised to include the following: Requests made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. A job mix formula shall be determined by the Contractor and submitted to the Engineer for approval a minimum of one week prior to the beginning of construction for each proposed change. The Contractor shall provide the Engineer with an asphalt mix design report from an independent testing laboratory acceptable to the Engineer. The report shall state the Mix properties, optimum oil content, job mix formula and recommended mixing and placing temperatures. The costs for all job mix formulas shall be the responsibility of the Contractor. If the Contractor uses more than three (3) job mix formulas for a type of plant mix pavement used, the City may charge the Contractor for testing and evaluation of the mix designs, including the costs for calibration of a Nuclear Asphalt Oven. For Superpave Mixes, delete Table 401-2 and replace with the following: TABLE. 401-2 Grading Test Procedure Minimum Test Sampling Frequency Result All Gradings CP L-5109 Method B 80 One per 10, 000 metric tons (10,000 tons) or fraction thereof minimum In subsection 401.02, delete the second, third, and fourth paragraphs and replace with the following: 1. A proposed plant mix pavement mix design prepared in accordance with Colorado Procedure 52(CP52-99), including a proposed job -mix gradation for each mixture required by the Contract which shall be fully within the Master Range Table, Tables 703-3A, B, and C, before the tolerances shown in Table 401-1 are applied. The weight of lime shall be included in the total weight of the material passing the 75 nun (No. 200) sieve. The restricted zone boundaries shown for all gradings in Tables 703-3A, 703-313, and 703-3C are to be used as guidelines in mix design development. However, the job -mix gradation is not required to pass above or below the restricted zone boundaries. 2. The name of the refinery supplying the asphalt cement and the source of the anti -stripping additive. 3. A sufficient quantity of each aggregate for the Department to perform the tests specified in section 2.2.1 of CP52. In subsection 401.02 delete Table 401-1, including the footnotes, and replace with the following: TABLE 401-113itumen Content t0.3% Asphalt Recycling Agent f0.2% Temperature of Mixture When Discharged from Mixer t10°C 'Hot Bituminous Pavement - Item 403 the 9.5 mm (3/$z) and larger sieves t6% the the 4.75 min (No. 4) and 2.36 min (No. 8) sieves f5% the 600 mint (#30) sieve f4% the 75 nun (#200) sieve t2% 'When 100% passing is designated, there shall be no tolerance. When 90-100% passing is designated, 90% shall be the minimum; no tolerance shall be used. Delete Subsection 401.07 and replace with the following: PAStreet Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs -17 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401-3 and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. Table 401-3 Placement Temperature Limitations in °C Compacted Layer Minimum Surface and Air Thickness in Temperature °C ff) mm (inches) Top Layers Below Layer Top Layer <38 (1%) 15 (60) 10 (50) 38 (1'/z) - <75 (3) 10 (50) 5 (40) 75 3 or more 1 7 45 2 35 Note: Air temperature is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. If the temperature falls below the minimum air or surface temperatures, paving shall stop. The Contractor shall schedule the work so that no planed or recycled surface is left without resurfacing for more than 10 calendar days during the period specified in Table 401-3A, below. The Contractor shall immediately place a temporary hot bituminous pavement layer on any surface that has been planed or recycled and can not be resurfaced in accordance with the above temperature requirements within 10 calendar days after being planed or recycled. The minimum thickness of the temporary hot bituminous pavement layer shall be 50 min (2 inches). The Contractor shall perform the quality control required to assure adequate quality of the hot bituminous pavement used in the temporary layer. All applicable pavement markings shall be applied to the temporary layer surface. The Contractor shall maintain the temporary layer for the entire period that it is open to traffic. Distress which affects the ride, safety, or serviceability of the temporary layer shall be immediately corrected to the satisfaction of the Engineer. The temporary hot bituminous pavement layer shall be removed when work resumes. Table No. 401-3A Periods Requiring Overlay of Treated Surfaces Location by Elevation Period During Which Planed or Recycled Surfaces Must be Overlaid within Ten Days All areas below and including 2100 m 7000 feet October 1 to March 1 All areas above 2100 in (7000 feet) up to and including2600 in8500 feet September 5 to April 1 All areas above 2600 in (8500 feet) August 20 to May 15 In Subsection 401.15, delete the third and fourth paragraphs (including table) and replace with the following: The minimum temperature of the mixture when discharged from the mixer and when delivered for use shall be as shown in the following table: P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs -18 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 Asphalt Grade Minimum Mix Discharge Temperature, °C (°F)* Minimum Delivered Mix Temperature, °C (OF)** PG 58-28 135 (275) 113 (235) PG 58-22 138 (280) 113 (235) PG 64-22 143 (290) 113 (235) AC-20 Rubberized 160 (320) 138 (280) PG 76-28 160 (320) 138 (280) PG 70-28 149 (300) 138 (280) PG 64-28 149 (300) 138 (280) PG 58-34 149 (300) 138 (280) The maximum mix discharge temperature shall not exceed the minimum discharge temperature by more than 17°C (30°F) . ** Delivered mix temperature shall be measured behind the paver screed. Hot -mix asphalt mixture shall be produced at the lowest temperature within the specified temperature range that produces a workable mix and provides for uniform coating of aggregates (95% minimum in accordance with AASHTO T 195), and that allows the required compaction to be achieved. Subsection 401.16 is hereby revised to include the following: The mixture shall be laid upon an approved surface, spread and struck off to provide for drainage to the side(s) of the roadway with a minimum cross slope of two percent (2%) or as directed by the Engineer. In subsection 401.17, first paragraph, delete the last two (2) sentence and replace with the following: When the mixture contains unmodified asphalt cement (PG 58-28, PG 58-22, or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 85°C (185 °F), no further compaction effort will be permitted unless approved. If the mixture contains modified asphalt cement (AC-20R, PG 76-28, PG 70-28, or PG 64-28) and the surface temperature falls below I I0°C (230 °F), no further compaction effort will be permitted unless approved. Subsection 401.17 is hereby revised to include the following: All pneumatic tire rubbers shall be equipped with rubber skirts. P:\.Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 19 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 In subsection 703.04 delete Table 703-3 and replace with Tables 703-3A, B, and C as follows: TABLE 703-3A Master Range Table for Hot Bituminous Pavement (Grading S) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 tom (1 %2") 25.0 nun (1 ") 100 19.0 mto (3/4") 90 - 100 12.5 nun ('/2") 9.5 tom (3/8") 4.75 torn (#4) 2.36 mm (#8) 23 - 49 34.6 34.6 1.18 torn (#16) 22.3 28.3 600 tom (#30) * 16.7 20.7 300 tom (#50) 13.7 13.7 150 tom (#100) 75 tom (#200) 2-8 These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. PAStreet Oversizing\South Lemay Avenue Widening Project 2006\Bid DocsTonstruction Specs\Technical Specs Technical Specs - 20 South Lemay Avenue Widening Project(2006) Date: May 10,2006 TABLE 703-3B Master Range Table for Hot Bituminous Pavement (Grading SX) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 mm (1'/2") 25.0 mm (1") 19.0 mm ('/4") 100 12.5 mm ('/2") 90 - 100 9.5 mm (3/e-) 4.75 mm (#4) 2.36 turn (#8) 28 - 58 39.1 39.1 1.18 tutu (#16) 25.6 31.6 600 mm (#30) * 19.1 23.1 300 turn (#50) 15.5 15.5 150 tutu (#100) 75 turn (#200) 2 - 10 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. P:\Street Oversizing\South Lemay Avenue Widening Project 200MBid Docs\Construction Specs\Technical Specs Technical Specs - 21 South Lemay Avenue Widening Project(2006) Date: May 10,2006 TABLE 703-3C Master Range Table for Hot Bituminous Pavement (Grading SG) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 mm (1%") 100 25.0 turn (1 ") 90 - 100 19.0 mm ('/4") 12.5 mm (1/2") 9.5 mm ('/8,-) 4.75 mm (#4) * 39.5 39.5 2.36 tutu (#8) 19 - 45 26.8 -30.8 1.18 turn (#16) 18.1 24.1 600 mm (#30) * 13.6 17.6 300 mm (#50) 11.4 11.4 150 mm (#100) 75 mm (#200) 1-7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. END OF SECTION PAStreet Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 22 South Lemay Avenue Widening Project (2006) REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications is hereby revised as follows: Subsection 403.01 is revised to include the following: Date: May 10, 2006 Hot Bituminous Pavement — This shall consist of constructing one or more courses of HBP Grading S & SG over existing pavement or subgrade surfaces previously prepared by the contractor or City of Fort Collins Crews. Asphalt Paver Patching— HBP Grading S & SG shall be used in locations as directed by the Engineer. This work shall consist of the placement of asphalt with a paver in small areas. Asphalt Patching — HBP Grading S & SG shall be used in locations as directed by the Engineer. These quantities will be restricted to small areas which require hand placement methods and conventional paving equipment cannot be utilized. Subsection 403.02 is revised to include the following: Laboratory Mix Design — Grading S & SG - The mix designs shall be prepared by an independent laboratory acceptable to the Engineer and shall be submitted by the Contractor to the Engineer for approval a minimum on one (1) month prior to the beginning of paving for this project. The criteria for the mix design is as follows: HBP Grading S & SG ESAL's: Lemay Avenue = 1,460,000 Binder: Grading S-100-PG 64-28 / Grading SG-100 — PG 64-22 Designed according to the most recent set of SUPERPAVE Specifications available. SEE TABLE 403-1 NEXT PAGE FOR DESIGN CRITERIA A request made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HBP. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. The Contractor will not be allowed to clean the paver hoper during paving operations. Reclaimed materials will not be allowed in Hot Bituminous Pavement. A maximum of 20% reclaimed material will be allowed for HBP Grading SG. The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. Vertical drop offs will not be allowed at the end ofany days paving Paper joints will be required to a taper equaline 3 times the amount of drop. Paving joints shall be at the lane lines or in the center of the lane. In no case shall the pavine joints be in the wheel path. The contractor shall submit a longitudinal joint and pavement marking plan 3 days prior to paving. P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 23 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 PAVEMENT SECTION: Lemay Avenue: Grading S-100 (PG 64-28) 3" Grading SG-100 (PG58-28) 4" Aggregate Base Coarse 6" Flyash Treated Subgrade 12" 7 Dav CPT of 150 Dsi 1 he design mix for Grading S, SX, and SG shall conform to the following: TABLE 403-1 Property p y Test Grading S Grading SG Grading SX Method N/A this Project ' Air Voids, percent at: N (initial) CPL 5115 > 11.0 > 11.0 > 11.0 N (design) 3.0 - 5.0 3.0 - 5.0 3.0 - 5.0 N maximum > 2.0 > 2.0 > 2.0 Lab Compaction (Revolutions): N (initial) (a) 8 8 (a) N (design) (b) CPL 5115 100 100 (b) N maximum a 174 174 (a Stability, minimum (a) for information)(a CPL 5106 42 42 ) Aggregate Retained on the 4.75 mm (No. 4) Sieve with at least two Mechanically Induced Fractured CP 45 60 60 60 Faces, % minimum Accelerated Moisture Susceptibility Tensile Strength Ratio (Lottman), CPL 5109 80 80 80 Method B minimum Minimum Dry Split Tensile CPL 5109 Strength, kPa (psi)Method B 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement Top Layer PG 64-28 PG 58-28 PG 64-28 Grade of Asphalt Cement Layers Below Top PG 64-28 PG 58-28 PG 64-22 Voids in the Mineral Aggregate VMA % minimum a CP 48 14.0 12.0 (a ) Voids Filled with Asphalt (VFA) % (a) Al MS-2 65 - 75 65 - 75 (a) (a) Current CDOT Design Criteria (b) Residential 50, Collector 75, Arterial 100 Note: AIMS-2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer. Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability, problems. PAStreet Oversizing\South Lemay Avenue Widening Project 2006\13id Docs\Construction Specs\Technical Specs Technical Specs - 24 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 Subsection 403.03 is revised to include the following: Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than 2250 F. Emulsified Asphalt for tack coat shall be Grade CSS-lb. The tack coat shall consist of a 1:1 dilution (one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be approximately 0.1 gallons per square yard. The existing pavement shall be broomed and cleaned to be free of dirt, water, vegetation and other deleterious matter immediately prior to commencing the paving operation. Edges of the area to be patched shall be sawcut vertically, and perpendicular or parallel to the roadway, as directed by the Engineer. Tack coat shall be placed against clean, vertical edges on all sides of the area to be patched. Hot Bituminous Pavement Grading S and SX shall be placed in equal lifts not exceeding three (3) inches. The minimum lift thickness for Grading SX shall be one (1) inch and Grading S shall be (1 ''/2) inch. HBP Grading SG shall be placed in equal lifts not exceeding four (4) inches and the minimum lift thickness shall be three (3) inches. Overlaying layers of Hot Bituminous Pavement shall not be placed until the lower layer has cooled sufficiently to provide a stable material which will support the equipment without rutting, shoving or moving in any manner. Tack coat shall be placed between all lifts. NOTE: Anv leveling courses Dlaced shall be paid for at the contract unit price for Hot Bituminous Pavement. Subsection 403.04 shall include the following: Hot Bituminous Pavement Grading SX, S and SG, will be measured by the ton and paid for at the Contract Unit Price for Asphalt Patching and Hot Bituminous Pavement. Pavement cutting, excavation, subgrade preparation, haul and disposal, bituminous materials, aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item will not be paid for separately but shall be included in the unit price bid. Load slips shall be consecutively numbered for each day and shall include batch time. Subsection 403.05 is revised to include the following: Payment will be made under: Pav Item and Pay Unit The pay unit is denoted by (). 403-01 Hot Bituminous Pavement — Grading S-100 - (3" Depth) — (PG 64-28) — (TON) 403-02 Hot Bituminous Pavement — Grading SG-100 (4" Depth) — (PG 64-22) — (TON) 403-03 Overlay Existing Lemay — Grading S-100 (2" Depth) — (PG 64-28) — (TON) 403-04 Overlay Existing Carpenter — Grading S-100 (2" Depth) — (PG 64-28) — (TON) 403-05 Asphalt Leveling Course '/a Grading S-100 — (PG 64-22) — (TON) 403-06 Asphalt Paver Patching Carpenter Rd — Grading SG-100 (4" Depth) — (PG 64-22) — (TON) 403-07 Asphalt Patching — Grading SG-100 (4" Depth) — (PG 64-22) — (TON) P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 25 SECTION 00300 BID FORM South Lemay Avenue Widening Project (2006) Date: May 10, 2006 The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Hot Bituminous Pavement and Asphalt Patching, including pavement cutting, excavation, subgrade preparation, haul and disposal, compaction, rolling, surface preparation, and bituminous materials, complete in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION PAStreet Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 26 South Lemay Avenue Widening Project (2006) REVISION OF SECTION 420 GEOSYNTHETICS Date: May 10, 2006 Section 420 of the Standard Specifications is hereby revised as follows: Subsection 420.01 is revised to include the following: This work shall consist of famishing and installing geotextile and geogrid stabilization material and geotextile paving fabric. Subsection 420.02 is revised to include the following: All geogrid or geotextile fabric shall be installed according to the manufacturer's recommendations and as directed by the Engineer. The geotextile stabilization fabric shall be Typar 3801 or approved equal. The geogrid reinforcement mat shall be Tensar Structural Geogrid BX1100 or approved equal. The geotextile paving fabric shall be as manufactured by Phillips Fibers Corporation, Hoechst Fibers Industries, Amoco Fabrics Company, or an approved equal. The tack coat to be applied to the road surface and/or to the Geotextile Paving Fabric shall meet the following requirements: Asphalt Cement AC-20 NOTE: Emulsified and/or Cutback Asphalt shall not be used as tack coat for Geotextile Paving Fabric. Surface preparation: The pavement to be repaired shall be cleaned and free of dirt, dust, water and vegetation. Cracks shall be cleaned and filled in accordance with "Revision of Section 403, Crack Sealing" of these Specifications if required. If the crack filling materials contain volatiles, adequate curing time must be allowed prior to placement of the fabric. The pavement must be cleared of all sharp or angular protrusions. Application of Tack Coat: The tack coat shall be applied at a rate in accordance with the manufacturer's specifications (approximately 0.25 gal. /sq. yd). Application must be by a distributor. Temperature of the tack coat must be sufficiently high to permit a uniform spray pattern. The maximum asphalt temperature shall be 300' F. Geotextile Paving Fabric Placement: The Geotextile Paving Fabric shall be placed into the tack coat with a minimum of wrinkles. If Geotextile Paving Fabric folds greater than one inch (1") occur, the Geotextile Paving Fabric shall be slit and allowed to lie flat. Additional tack coat shall be placed as required to insure fabric bonding. If Geotextile Paving Fabric is placed adjacent to patched sections of roadway, the fabric shall overlap said patched section a minimum of 12 inches. All joints shall overlap adjacent fabric approximately 2-6 inches. Transverse joints of the Geotextile Paving Fabric shall be shingled in the direction of the paving to prevent edge pickup by the paver. Additional tack coat shall be uniformly applied to the joints and overlaps to insure bonding. It shall be the Contractors responsibility to maintain the Geotextile Paving Fabric until the overlay is complete. If the Geotextile Paving Fabric begins to be picked up, the Contractor shall immediately broadcast sand or hot mix asphalt over the area or "skin" the Geotextile Paving Fabric with Hot Bituminous Pavement Grading S or SX. Excess sand or hot mix shall be removed before paving. Sand used for this purpose will not be measured and paid for separately under the terms of this contract. Hot Bituminous Pavement Grading S or SX used for this purpose will be measured and paid for at their respective contract unit prices per ton. P:\.Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 27 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 Geotextile Paving Fabric shall be clean, dry and sufficiently bonded to the tack coat prior to commencing the paving operations. Paving operations shall be completed the same day as the Geotextile Paving Fabric placement. Subsection 420.09 is revised as follows: The geotextile and geogrid stabilization fabric and geotextile paving fabric shall be measured in the field and paid for by the square yard of material installed — complete in place. The paving fabric shall include surface preparation and AC-20 tack coat. Subsection 420.10 is revised as follows: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 420-01 Geotextile Paving Fabric — (SY) The above prices and payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in placing tack coat and Geotextile Paving Fabric, stabilization fabric, including haul and bituminous materials, complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Speeffechnical Specs Technical Specs - 28 South Lemay Avenue Widening Project (2006) REVISION OF SECTION 506 RIPRAP Date: May 10, 2006 Section 506 of the Standard Specifications is hereby revised as follows: Subsection 506.01 is revised to include the following: This work consists of the construction of riprap sections with riprap, Type 1I bedding and covered with topsoil in accordance with these specifications and in conformity with the lines and grades shown on the plans or established grades. Subsection 506.02 is revised to include the following: Color of buried riprap shall be approved by the Engineer. Exposed riprap shall be gray to blue gray in color or as approved by the Engineer. Rock used for riprap shall be hard, durable, angular in shape and free from cracks, over -burden, shale and organic matter. Thin, slab type stones, rounded stones and flaking rock shall not be used. Removed concrete shall not be used for riprap without specific written approval by the Engineer. Service records of the proposed material will be considered by the Engineer in determining the acceptability of the rock. Neither breadth nor thickness of a single stone shall be less than one-third (1/3) its length. Bedding material shall conform to the specification for Type Il Filter material as per the City of Fort Collins Storm Drainage Design Criteria and Construction Standards (Table 12-3) or CDOT Class A filter material (Section 703.09). Subsection 506.03 is revised to include the following: Wherever possible, the excavation for the riprap sections shall be undisturbed material, or where this is not possible, the underlying materials shall be compacted to 95% of maximum density as determined by ASTM D 698. The bottom of the excavation shall have a uniform slope, be reasonably smooth, free from mounds and windrows and free of debris prior to placing the filter material. Bedding material shall be placed on top of the sub -grade material prior to riprap installation at all locations of riprap sections shown on the plans. The layer shall be shaped to provide the minimum thickness of bedding material as shown on the details of the plans. Riprap material shall be placed immediately after the bedding material is placed and in a manner to provide a well - graded mass of stone with minimum voids. Riprap may be machine -placed with sufficient handwork to minimize disturbance of the bedding material layer. This material shall be placed to the required thickness and grade shown on the details of the plans. Topsoil material shall be used to backfill and bury the entire riprap bed area and compacted to insure thorough settling of the topsoil within the rock voids. The top three inches (Y) of the topsoil shall be loosely placed. This material shall be placed to the required thickness as shown on the details of the plans. The contractor shall utilize, when appropriate, existing topsoil on site. Subsection 506.04 is revised to include the following: Riprap sections specified in the plans will be paid for at the contract unit price per EA. The unit price bid shall include all costs associated with installation of the bedding material, riprap and topsoil including excavating for the placement of these materials, all materials, delivery, stockpiling and handling of the riprap. Subsection 506.05 is revised to include the following: Payment will be made under: P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 29 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 Pay Item and Pay Unit The pay unit is denoted by O. 506-01 10' x 45' Type L Rip -Rap, 6" Topsoil (C1P Per Detail)— (SY) 506-02 6' x 6' Type L Rip -Rap, 6" Topsoil (All at the end of Curb and Gutter for Erosion Prevention) — (EA) The above prices and payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in excavating, placing riprap, bedding and topsoil, complete -in - place, including haul and stockpile of materials, handling of the riprap and finish grading of the surface as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 30 South Lemay Avenue Widening Project (2006) REVISION OF SECTION 603 CULVERTS AND SEWERS Section 603 of the Standard Specifications is hereby revised as follows: Subsection 603.01 is revised to include the following: Date: May 10, 2006 This work shall consist of the construction and reconstruction of reinforced concrete pipe, pipe encasement, pipe connections, and joint encasement in accordance with the plans, specifications, the City of Fort Collins Storm Drainage Design Criteria and Construction Standards. It shall be the Contractor's responsibility to purchase and familiarize themselves with these specifications. The Contractor shall include in the Work all the necessary items to complete the Work including but not limited to excavation, bedding, backfill, and compaction. The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 603-01 42" RCP Class III — (LF) 603-02 42" RCP Class III FES — (EA) 603-03 30" RCP Class III — (LF) 603-04 30" RCP Class III FES — (EA) 603-05 Install Concrete Field Collar — (EA) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all Work involved in installing pipe and encasing joints, complete in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Concrete and/or Asphalt patching will be paid for separately under the appropriate item. END OF SECTION P:\.Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Does\Construction Specs\Technical Specs Technical Specs - 31 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 REVISION OF SECTION 604 MANHOLES, INLETS, AND METER VAULTS Section 604 of the Standard Specifications is hereby revised as follows: Fort Collins Loveland Water District Specifications can be obtained at 5150 Snead Drive Fort Collins, Colorado. A mandatory pre -construction will be required before the contractor starts any work on the district system. Subsection 604.01 is revised to include the following: This work shall consist of the construction of manholes, CDOT Type `R' inlets, type 16 combination inlets, and providing and maintaining erosion control, in accordance with the plans, specifications, and the City of Fort Collins Storm Drainage Design Criteria and Construction Standards. It shall be the Contractor's responsibility to purchase and familiarize themselves with these specifications. The Contractor shall include the cost of excavation, backfill, compaction, and installation and maintenance of erosion control into each item listed in this section. The Contractor shall clean all sediment caught in the storm sewer system due to this project. The frequency of the cleaning shall be at the direction of the Engineer. The Contractor will not be allowed to flush the pipes with water. All Erosion Control Devices, Materials, and Techniques required to prevent damage to the storm water facilities as outlined in the City of Fort Collins Standards will be considered incidental to the work, and shall be included in the price. No measurement for payment shall be made for maintenance of Erosion Control devices. Subsection 604.02 is revised to include the following: Proportioning shall conform to the requirements for Class B concrete as described in Section 601. Subsection 604.08 is revised to include the following: The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 604-01 10' Type R-Inlet — (EA) 604-02 Median Underdrain Pipe System — (4" Perforated Pipe) — (LF) 604-03 Median Underdrain Pipe System — (4" Solid Pipe) — (LF) 604-04 4" Median Under Drain Clean Out — (EA) 604-05 Tie to Existing Storm Sewer Manhole for 4" Underdrain (Core Drill and Connect with Non -shrink Grout) — (EA) 604-06 8" SDR-35 Sewer Main — (LF) 604-07 Tie to Existing Sanitary Sewer Manhole Per FCLWD Specs — (EA) 604-08 4' Diameter Sewer Manhole — (EA) 604-09 Remove Existing Sewer Stub — (LF) 604-10 4" PVC Conduit Sleeving — (LF) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in constructing inlets, constructing manholes, and installing and maintaining erosion control, complete -in -place, as specified in these specifications, and as directed by the Engineer. END OF SECTION P:\.Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 32 South Lemay Avenue Widening Project(2006) REVISION OF SECTION 607 FENCES Section 607 of the Standard Specifications is hereby revised as follows: Date: May 10, 2006 Subsection 607.01 is revised to include the following: Orange Safety Fence: The fence shall be placed on the City of Fort Collins Right of Way on the Existing on Lemay Avenue. The fence shall have metal Tee posts as needed to be straight and non sagging. Plastic or metal ties can be used. All material, labor and equipment used to set and remove shall be placed into the unit cost. Smooth Wire Fence (4Stand Wire T-Post) — Follow Section 710 from Colorado Highway Specifications for installation of new fence. This item consists of installing new fence and will be paid for by the linear foot. Any existing fence that is removed is paid for under Remove Fence (Various Types). Subsection 607.04 is revised to include the following: The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 607-01 Orange Safety Fence— (LF) 607-02 Smooth Wire Fence — (LF) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work listed above: complete in place, as specified in these specifications, and as directed by the Engineer. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 33 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 REVISION OF SECTION 608 SIDEWALKS AND DECORATIVE CROSSWALKS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 is revised to include the following: This work shall consist of the construction of concrete sidewalks (6"), pedestrian access ramps, exposed aggregate median splashblock, driveways, crosspans, and drive approaches, in accordance with the plans and specifications. Required saw cutting will be incidental to the work and will not be measured or paid for separately. The use of aggregate base material for fine grading or over excavated areas will not be paid for separately. Subsection 608.02 is revised to include the following: Proportioning shall conform to the requirements for Class "B" concrete as described in Section 601 with the exception the minimum 28 day compressive strength shall be 4000 psi. The Contractor shall also submit a mix design for High Early Concrete. This mix shall have a minimum 24-hour compressive strength of 3000 psi and a minimum 28-day compressive strength of 3500 psi. It shall include supplying, placing, curing and texturing the high early concrete. The price shall apply to all Sections including Section 412, 608 and 610. Payment for extra cost of using high early concrete will be paid for by the cubic yard for the incremental increase in costs and will be paid only when the Engineer requires use of high early. Non -Shrink backfill — also called Flowable Fill or Unshrinkable Fill — shall be a Portland Cement Concrete Mix. The cement shall conform to the Standard Specifications for Portland Cement, ASTM C 150-85, Type I/11. The minimum 24- hour strength shall be 10-psi and the maximum 28 day strength, 60 psi. The maximum aggregate size shall be one inch (1 "). The minimum slump shall be six inches (6") and the maximum, eight inches (8"). The non -shrink backfill shall be consolidated with a mechanical vibrator. Payment of using flow fill will be paid for by the cubic yard and only when used as required by the Engineer. Subsection 608.04 is revised to include the following: Exposed Aggregate Concrete: The Exposed Aggregate Concrete shall be Class "EA" concrete integrally colored with 1 �/2 lbs. of Davis Color No. 5237 "San Diego Buff' per sack of cement. The surface of the Exposed Aggregate Concrete shall be sealed and protected from drying by applying Davis W-1000 Clear Cure and Seal, or approved equal. "San Diego Buff' shall be used for all exposed aggregate concrete in the median. Truncated Dome Panels: Pedestrian Access Warning Cast Iron Plates — East Jordan Iron Works Model 7005-71. Detectable warnings on new curb ramps shall be truncated domes of the dimensions shown in the plans. Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers. Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes as shown in the plans. Pavers shall meet the requirements of ASTM C 902 or ASTM C 936. It is the Contractor's responsibility to adequately protect their work from damage by weather (including cold, heat, rain, wind), vandalism, or other causes until such time as it is accepted by the City. If traffic control devices are used to protect the work, they will not be paid for separately, but shall be included in the work. Subsection 608.05 is revised to include the following: The Concrete Driveway (6"), Sidewalk (6"), Access Ramps w/Landings (8"), Drive Approach (6") and Concrete Crosspan/Apron (9 1/2") items will be measured by the square foot of finished flatwork. The price for the Access Ramps (8") shall include the truncated dome panel landing area. Ramp area shall be measured from the back of the curb to the back of the walk from point of curb return to point of curb return. Subsection 608.06 is revised to include the following: PAStreet Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 34 South Lemay Avenue Widening Project (2006) The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 608-01 Concrete Sidewalk (6") — (SF) 608-02 Concrete Pedestrian Access Ramps with Truncated Domes (8") — (SF) 608-03 Concrete Drive Approach (6") — (SF) 608-04 6" Concrete Driveway Replacement — (SF) 608-05 Hi -Early Concrete (24 Hour) — (CY) 608-06 FlowableFillConcrete —(CY) 608-07 Exposed Aggregate Median Splashblock (4") — (SF) Date: May 10, 2006 The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in constructing concrete sidewalks, miscellaneous flatwork, access ramps, drive approaches, and driveways, complete -in -place, including haul, concrete materials, finishing the surface, saw cutting joints, curing, placing dowels, and sealing joints as shown on the plans, protection from staining existing concrete from washing the exposed aggregate, cutting the plastic used to separate the different colors as specified in these specifications, and as directed by the Engineer. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 35 SECTION 00300 •Gkl PROJECT: 5983 South Lemay Avenue Widening Project Place 215 North Mason Street, 2nd Floor Date June 16, 2006 @ 3:00 p.m. 1. In compliance with your Invitation to Bid dated 5 15 06 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and •stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 5% GAB ($ ) 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: SAFECO Insurance Company, One Safeco Plaza, Seattle, WA 98185. 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 52�—. 7/96 Section 00300 Page 1 South Lemay Avenue Widening Project(2006) REVISION OF SECTION 609 CURB AND GUTTER Section 609 of the Standard Specifications is hereby revised as follows: Subsection 609.01 is revised to include the following: Date: May 10, 2006 This work shall consist of the construction of cast in place vertical 6" curb and gutter, 6" outfall curb and gutter (1-ft pan), and concrete lined irrigation ditch accordance with the details and these specifications. The unit price bid per linear foot of curb and gutter, no sidewalk, includes construction of new curb and gutter sections, complete and in place, measured along the flow line. Removal of curb and gutter is not included in this section, but will be measured and paid separately as described in Section 202. It is the Contractor's responsibility to adequately protect their Work from damage by weather, vandalism, or other causes until such time as it is accepted by the City. If traffic control devices are used to protect the work, they shall not be paid for separately, but shall be included in the work. Subsection 609.02 is revised to include the following: Proportioning shall conform to the requirements for Class "B" concrete as described in Section 601 with the exception the minimum 28 day compressive strength shall be 4000 psi. Subsection 609.07 is revised to include the following: The accepted quantity of curb and gutter will be paid for at the contract unit price per linear foot. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 609-01 Vertical Curb & Gutter (30") - (LF) 609-02 Outfall Curb & Gutter (18") - (LF) 609-03 Driveway Curb Cuts (25' Width) - (EA) 609-04 R&R Vertical Curb and Gutter — (LF) 609-05 R&R Concrete Sidewalk - (SF) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in constructing vertical curb and gutter, variable height curb and gutter, concrete median curb, complete -in -place, including haul, concrete materials, finishing the surface, saw cutting joints, curing, placing dowels, and sealing joints as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 36 South Lentay Avenue Widening Project (2006) REVISION OF SECTION 619 WATER LINES Section 619 of the Standard Specifications is hereby revised as follows: Subsection 619.01 is revised to include the following: FCLWD WATER LINES ITEMS Date: May 10, 2006 This work shall include installing ductile iron pipe (DIP), gate valves, tees, bends, tapping saddles, plugs, reaction blocks and joining to existing lines and other items as shown on the plans and as designated by the Engineer. This work shall meet the requirements of the current Fort Collins -Loveland Water District Standards. It shall be the Contractors responsibility to purchase and familiarize themselves with these specifications; they can be obtained at 5150 Snead Drive Fort Collins, Colorado. All work associated with installing the water lines that is NOT itemized in the bid tab shall be considered incidental to the work and will not be paid for separately. This includes, but is not limited to excavating and backfilling, valve boxes, plugs, thrust blocks, bedding materials, poly -wrap, chlorinating, pressure testing and all materials incidental to completing the installation and connections to existing water lines. Subsection 619.06 is revised to include the following: The contractor will be required to install the irrigation tap and meter pit to Fort Collins Loveland Water District the installation of the backflow preventer and access steel cage to City of Fort Collins Irrigation Specifications. Parks and recreation will have to finial inspection will have to be coordinated by the contractor. . Subsection 619.05 is revised as follows: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 619-01 20" x 8" Tapping Saddle & 8" Valve/Tap-TB-Valve Box/FCLWD Spec — (EA) 619-02 8" C-900 Water Main — (LF) 619-03 8" x 2" Temporary Blow -Off— (EA) 619-04 8" 22.5 Ductile Degree Bends — (EA) 619-05 Tie to Existing Irrigation — (EA) 619-06 3/4' Irrigation Service & Meter Pit/Copper-Corp-Curb Stop/FCLWD Spec & COFC Spec Backflow Preventer/Metal Screen Cover — (EA) The above prices and payment shall include full compensation for famishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing ductile iron water pipe and valves, connecting to existing water lines according to the Fort Collins -Loveland Water District Standards, complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION P:\.Street Oversizing\South Lemay Avenue Widening Project 2006\13id Docs\Construction Specs\Technical Specs Technical Specs - 37 South Lemay Avenue Widening Project (2006) REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows: Subsection 630.01 shall be revised as follows: Date: May 10, 2006 This work shall consist of furnishing, installing, moving, maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channeling devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins' "Work Area Traffic Control Handbook", June 1989 with Revisions dated May 29, 1991, and the City of Fort Collins' "Design Criteria and Standards for Streets, Subsection 1.4, "Barricades, Warning Signs, Signal Lights", July, 1986. This work includes use of the above devices to channelize or direct traffic away from the work zone, but does not include work zone protection. It is the Contractors responsibility to protect his work zone and to protect Pedestrians and Bicyclists from potential hazards arising from his work until such time as the work has been completed and can be opened to traffic. Traffic Control Devices shall be measured and paid for under this section based upon a lump sum pay item. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Proper placement and storage of traffic control devices will be subject to the Engineer's discretion. Traffic control devices shall be removed from the site immediately upon completion of the Work, but not before the concrete has cured sufficiently to allow vehicular traffic to use it. Message Boards — Will be placed to the plan designed by the City of Fort Collins. This item will be paid for per day (Day). Traffic Control —The scope for the traffic control has been described under Section 01580 Traffic Regulation. This item will be paid for as a lump sum (LS). Subsection 630.02 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 630.05, the second paragraph shall include the following: The reflective material shall be AP1000 Polyester (Reflexite Corporation), 3M Type III or Transparent (Reflexite Corporation). Vinyl material is not acceptable unless its brightness is equivalent to or greater than the types named as approved by the Engineer. Subsection 630.08 shall be revised as control on this Droiect is the P:1.Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 38 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 For this project, a Traffic Control Plan shall be prepared. The Traffic Control Plan shall be submitted for approval to the Traffic Division by 12:00 noon, two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 9:00 a.m.). Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved), fines doubled for speeding signs and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type 1, Type 11, and Type III barricades; cones; drum channeling devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. Approval of the proposed method of handling traffic is intended to indicate minimum devices needed to control traffic. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Parking Restrictions shall be clearly shown on the Traffic Control Plan, including the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. Failure to have an approved Traffic Control Plan, including the Parking Restriction information listed above shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. Subsection 630.09 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a valid Driver's License, a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS utilized on this project.) One TCS shall be designated as the Lead TCS. The Lead TCS shall have a minimum of one-year experience as a certified TCS. The Lead TCS shall be on site at all times during the construction. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. The Lead TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the work. The Lead TCS cellular phone number will be made available to the Engineer, Inspector, and the General Contractor It is the intent of the specifications that the Lead TCS be the same person throughout the project. If the Lead TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval of the Lead TCS reDlacement. Payment for the TCS shall be included in the lump sum pay item. P:\Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 39 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors, City Streets Department, and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. (5) Maintaining proiect traffic control diary which shall become part of the Cit�'sproiect records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications, which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up and maintaining traffic control devices. (11) Attending weekly progress meetings as requested by the Engineer and/or Contractor. (12) Shall perform a minimum of Five (5) complete site checks per day, during day light hours, including weekends and/or as requested by the City of Fort Collins representatives. Traffic control management shall be maintained on a 24-hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 630.13 shall be revised as follows: The Contractor shall supply and pay all costs associated with the traffic control for this project. Traffic Control devices as per the provided traffic control plans are minimum requirements, additional devices, signage may be required after initial set-up is completed This applies to all phases of this project. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 630-01 Specialty Signs 3" Letters on 48" x 48" — (EA) 630-02 Message Boards (4 Boards for a total of 6 Days) — (Day) PAStreet Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 40 South Lemay Avenue Widening Project (2006) Date: May 10, 2006 630-03 New Jersey Barriers —(LF) 630-04 Type III Barricades — (Section) 630-05 Traffic Control — (LS) Flaggers and all incidental equipment will not be measured and paid for separately, but shall be included in the Work. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the Work. The cost of batteries, electricity and/or fuel for all lighting or warning devices shall not be paid for separately but shall be considered subsidiary to the item and shall be included in the Work. Sandbags will not be measured and paid for separately, but shall be included in the Work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, no additional payment will be made for the larger signs. The City shall not be responsible for any losses or damage due to theft or vandalism. SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: Cross street traffic shall be maintained at all times unless authorized by the Engineer in writing. NOTE: Full closures on arterials and collectors, including those listed above, will be allowed under extreme circumstances and only upon approval by the Engineer and City Traffic Division. Plans shall be approved a minimum of one week prior to the commencement of work and/or the time required to adequately notify the public through the media. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: Full closures on all residential streets shall be allowed as shown on the traffic control plans only if approved by the City Traffic Division. END OF SECTION P:\.Street Oversizing\South Lemay Avenue Widening Project 2006\Bid Docs\Construction Specs\Technical Specs Technical Specs - 41 _ CTLITHOMPSON SUBGRADE INVESTIGATION AND PAVEMENT DESIGN SOUTH LEMAY AVENUE WIDENING FORT COLLINS, COLORADO Prepared For: CITY OF FORT COLLINS Engineering Department — Street Oversizing 281 North College Avenue P.O. Box 580 Fort Collins, Colorado 80522-0580 Attention: Mr. Quentin Egan Project No. FC03658-135 December 29, 2005 Revised March 9, 2006 4001 Automation Way I Unit 2011 Fort Collins, Colorado 80525 Telephone:970-206-9455 Fax:970-206-9441 TABLE OF CONTENTS SCOPE 1 SITE AND PROJECT DESCRIPTION 1 FIELD AND LABORATORY INVESTIGATION 2 SUBSURFACE CONDITIONS 3 GRADING 4 EXPANSIVE SOIL MITIGATION 5 PAVEMENT DESIGN 6 PAVEMENT SELECTION 7 PAVEMENT MATERIALS 8 Asphaltic Concrete 8 Aggregate Base Course 10 Fly Ash Treatment 11 CONSTRUCTION DETAILS 13 MAINTENANCE 13 LIMITATIONS 14 FIGURE 1 - LOCATIONS OF SUBGRADE BORINGS FIGURE 2 - SUMMARY LOGS OF EXPLORATORY BORINGS APPENDIX A - LABORATORY TEST RESULTS SWELL/CONSOLIDATION TEST RESULTS GRADATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS APPENDIX B - DESIGN CALCULATIONS APPENDIX C - MATERIAL PROPERTIES AND CONSTRUCTION CHECKLIST CITY OF FORT COLLINS - STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING CTL I T PROJECT NO. FC03658.135 SCOPE This report presents the results of our geotechnical investigation for the proposed widening of South Lemay Avenue, from Nassau Way to Carpenter Road, in Fort Collins, Colorado. The purpose of this investigation was to obtain information regarding subsurface conditions within the alignment of the proposed widening. The report presents geotechnical design and construction criteria for the roadway widening in general conformance with Chapters 5 and 10 of the Larimer County Urban Areas Street Standards dated January 2, 2001 (repealed and reenacted October 1, 2002) as adopted by the City of Fort Collins. Our report includes a description of the subsoil and bedrock found in our exploratory borings, laboratory test results, recommended pavement section alternatives and construction and materials guidelines. The recommendations contained herein are based upon laboratory test results, Larimer County Urban Area Street Standards, the American Association of State Highway Transportation Officials (AASHTO) 1993 "Guide for Design of Pavement Structures," and our experience. SITE AND PROJECT DESCRIPTION The project site consists of approximately 3,000 feet of South Lemay Avenue from the intersection with Carpenter Road north to the intersection with Nassau Way, in Fort Collins, Colorado (see Figure 1). The existing road is two- lane aspha[t-paved with curb and gutter along the west side and narrow paved shoulder along the east side. The north portion of the roadway alignment is bounded by Provincetowne (west) and Stanton Creek (east) subdivisions. The south portion is bounded by vacant land (west) and rural residences (Lemay Avenue Estates and Emerson Acres, east). A concrete ditch is present on the east side of the road throughout the northern portion of the widening alignment. Overhead power lines are also present along the east side of the entire alignment. The roadway alignment generally slopes down toward the south, as do the adjacent grades. Four 30 to 42-inch storm culverts cross under the alignment, at a low point in the roadway, approximately 500 feet north of Carpenter Road. CITY OF FORT COLLINS - STREET OVERS121NG PROGRAM SOUTH LEMAY AVENUE WIDENING 1 CTL I T PROJECT NO. FC03658d35 S:\PROJECTSIFC03600 - FC036881FC03658.000 - South Lomay Ave. Wldenin01133U. Re0ohs1R11FC03858.135 R1 Lemay Wldening, revised.r0 The City of Fort Collins, Engineering Department Street Oversizing Program provided us with "50% Street and Utility Plans for South Lemay Avenue Widening (2005)," dated October 2005. Project plans are to widen the road to the east to accommodate four travel lanes with curb and gutter and a median in the north portion of the project. In addition, improvements are planned to the north side of Carpenter Road for turn lanes. We understand the existing pavement will be pulverized and used for base course and soil stabilization. New pavement will then be placed on the widened roadway. FIELD AND LABORATORY INVESTIGATION Our field investigation consisted of 8 borings drilled to depths of 5 to 10 feet. Six of the borings were drilled along the alignment of the proposed South Lemay Avenue widening, on the east side of the existing road. Two of the borings were drilled on the north side of Carpenter Road for the proposed turn lane improvements. The approximate locations of our borings are illustrated on Figure 1. The borings were drilled on November 30, 2005, with a 4-inch solid stem, truck - mounted auger. Bulk samples were obtained from the upper 10 feet of the borings and California samples were obtained from selected intervals within the borings. The number of blows from a 140-pound hammer falling 30 inches, required to drive the California samplers, were recorded and are presented on our summary logs of the borings, Figure 2. Laboratory testing was performed in general accordance with AASHTO and ASTM methods to determine index properties of the soils sampled and subgrade support values for those soil types influencing the pavement design. To evaluate potential heave, swell -consolidation testing was performed on 4 samples of the clay and claystone under a pressure of 150 psf. The soil types were classified and grouped, and a Hveem stabilometer test (R-Value) was performed on a composite sample of the clay soils. Two samples were tested for water-soluble sulfate content. Results of laboratory tests are presented in Appendix A and summarized in Table A -I. CITY OF FORT COLLINS - STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING 2 CTL I T PROJECT NO. FC03658-135 S9PROJECTS1FC03600 - FC036"WC03658.000 - South Lemay Ave. Wldening1t3512. ReportslRPFC03658.135 R1 Lenuy Widening, rovisedAl 8 BID SCHEDULE (Base Bidl Project: South Lemay Avenue Widening (2006) Date: 05/10/2006 SpeciItem Description Number p Estlmatetl Quantity Unit Unit Cost ttem Coat South Lemav Avenue Widening: 202-01 Remove Pipe (RCP, CMP, PVC) 415 LF 12..75.: 5 , 291 , 25 202-02 Remove Existing FES (30" & 42" RCP) 4 EA 350.20 1,400.80 202-03 Remove Landscape Timbers and Concrete Block in Driveway (Lot 1 of Emerson Acres Subdivision) 202-04 Remove Concrete Irrigation Manholes 202-05 Remove Concrete Spitler Box 202-06 Remove Existing Irrigation Brick Vault 6' x 6' Wide x 12' Deep 202-07 Remove Concrete Ditch 202-08 Remove Curb And Gutter 202-09 Remove Concrete Sidewalk 202-10 Saw Cut Asphalt 202-11 Rotomill Asphalt Pavement (Carpenter Road - 2" Depth) 202-12 Pulverize Asphalt In Place (5"-10" Depth) 202-13 Remove Existing Rip -Rap 202-14 Transport Existing Rip -Rap To Drake & Ziegler 202-15 Remove & Replace Existing Barricade (Type III) 202.16 Remove Tree Stump (Grinding) 202-17 Remove Fence (Various Types) 202-18 Remove & Provide Temporary Mailbox 202-19 Cap Irrigation Sprinklers 1 LS 525.30 525.30 2 EA 726.15 1,452.30 2 EA 533.55 1,067.10 1 LS 1,072.25 1,072.25 1100 LF 2.50 2,750.00 235 LF 11.60 2,726.00 1356 SF 0.55 745.80 1156 LF 1.15 1,329.40 2666 Sv 2.90 7,731.40 10167 Sv 1.95 19,825.65 289 Sv 9.25 2,673.25 203 Cv 7.50 1,522.50 1 EA 151.50 151.50 2 EA 113.50 26.60 883 LF 1,30 1,147.90 3 EA 103.00 309.00 2 EA 103.00 206.00 SUBSURFACE CONDITIONS One boring (S-1), drilled on Carpenter Road, encountered approximately 8 inches of asphaltic concrete (AC) pavement over approximately 8 inches of base course. The pavement/base course was underlain by clayey sand fill with occasional gravel. Boring (S-2), drilled on the unpaved shoulder of Carpenter Road, encountered clayey sand fill, natural sandy to silty clay and claystone bedrock. The claystone was encountered at a depth of 3.5 feet. Four of the borings (S-4, S-5, S-6 and S-8), drilled on South Lemay Avenue, encountered approximately 9 inches of asphaltic concrete (AC) pavement over approximately 15 to 20 inches of clayey sand fill with occasional gravel. The fill was underlain by sandy to slightly silty clay with occasional organic material and gravel lenses (S-5 and S-6). The remaining borings (S-3 and S-7), drilled on South Lemay Avenue, encountered similar thicknesses of asphaltic concrete and fill, over weathered and relatively unweathered claystone bedrock. The claystone was encountered at depths of 3.5 and 7 feet. We tested samples of the natural sandy to silty clay and claystone in the laboratory. These samples contained between 33 and 69 percent clay and silt - sized particles (passing the no. 200 sieve), had liquid limits between 34 and 69 percent, and plasticity indices between 24 and 52 percent. The samples classified as A-2-6, A-2-7, A-6 and A-7-6 in accordance with the AASHTO classification method with group indices ranging from 3 to 34. The more plastic of these clays and claystone were found in borings S-3, S-4 and S-7. Three samples of the clay and one sample of the claystone were tested for swell potential by wetting the samples after application of a 150 psf pressure. The samples of clay and claystone swelled between 0.4 and 3.3 percent. Based on the results of laboratory testing and City of Fort Collins requirements, we believe swell mitigation will be required for the Lemay Avenue widening. Hveem stabilometer testing (R-Value) was performed on a composite sample of representative clay soils from the subgrade alignment. The composite CITY OF FORT COLLINS - STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING 3 CTL I T PROJECT NO. FC03658-135 & PROJECTSWC03600 - FC0369%FC03658.000 • South Leavy Ave. Wldenln0\135\2. Repons1R11FC036S6-135 R1 Lemay WidwIng, rovised.rd sample classified as A-7-6 soil, with a liquid limit of 56 percent and a plasticity index of 40 percent. The Hveem testing resulted in an R-Value of less than 5, since the sample squeezed out of the mold. Soluble sulfate concentrations of 0.11 and 0.48 percent were measured on two samples. The purpose of the sulfate testing was to determine the risk of increased swelling if chemical stabilization of the subgrade is performed and the likelihood of sulfate attack if portland cement concrete is used. Sulfate concentrations above 0.5 percent can cause an adverse reaction between the sulfates and the stabilizing agent, resulting in heaving of the subgrade if lime or fly ash stabilization is performed. Based on the results found, the sulfate concentrations should be reevaluated during the fly ash mix design (if selected) and verified in the field during construction. The use of sulfate resistant cement is recommended at this site. Groundwater was not encountered during drilling of our borings. Groundwater levels will vary seasonally and with changes in precipitation and irrigation amounts in the surrounding area. However, we do not anticipate groundwater will impact the proposed roadway construction. Groundwater may be encountered if excavations deeper than 10 feet are made. GRADING The preliminary grading plan indicates cuts and fills of up to about 3 feet will be made along the proposed widening alignment. We understand the existing irrigation ditch will be removed. Prior to commencing grading, any organic and deleterious material should be removed. Wet, soft soil may also be encountered in low areas. This material should be removed to expose stable soils prior to placing fill. Fill placed at the site should be moisture conditioned to between 1 percent below and 2 percent above optimum moisture content and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698). Fill should be free of organic or other deleterious material. CITY OF FORT COLLINS - STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING 4 CTL I T PROJECT NO. FC03658-135 &WROJECTSIFC05600 - FC076WFC07656.000 -South Leinay Ave. Wldonhg113512. Reporti;WIFC05656.135 R1 L"ay Widening, revl6ed.rt1 EXPANSIVE SOIL MITIGATION Expansive soils are present in the subgrade at this site. The presence of expansive soils implies that pavements may heave and be damaged. The risks associated with swelling soils can be mitigated by design, construction and maintenance procedures. The subgrade soils tested had a moderate swell potential over the majority of the alignment. We believe the swell potential of these soils can be controlled by moisture conditioning and fly ash treatment. Moisture conditioning and fly ash treatment are discussed below. We understand the City is concerned about the risk of heave of the subgrade due to possible adverse reaction between the sulfates and the fly ash when stabilization is performed. We met with Mr. Quentin Egan and Mr. Rick Richter with the City of Fort Collins Engineering Department, on February 23, 2006, to discuss this concern and potential options to help mitigate the risk of heave due to potential ettringite formation. Our recommendations, as discussed and agreed upon by Mr. Egan and Mr. Richter are presented below. 1. A 3 to 4-inch thick layer of the pulverized asphalt should be tilled into the subgrade to a depth of 12 inches. 2. CTL I Thompson will then collect samples of the tilled subgrade at intervals of 500 feet along the roadway alignment. The samples will be returned to our laboratory and tested for soluble sulfate concentrations. We estimate results of testing will be available within approximately 2 to 3 days. 3. If one or more of the sulfate test results indicate a sulfate concentration of 0.5 percent or greater, then we recommend double treatment of the subgrade with fly ash. If the sulfate concentrations are below 0.5 percent then the subgrade can be treated with a single application of fly ash as recommended in our PAVEMENT MATERIALS section below. 4. If double treatment is necessary, based on the sulfate test results, then we recommend first treating the subgrade with 6 percent fly ash and allowing the treated subgrade to cure for a period of at least two weeks. This should allow a sufficient time for ettringite formation to occur. After the two week period, the subgrade should be treated again with 8 percent fly ash. This will help to break up any ettringite formation that has occurred and provide a more stable base for the pavement section. CITY OF FORT COLLINS - STREET OVERS121NG PROGRAM SOUTH LEMAY AVENUE WIDENING 5 CTL I T PROJECT NO. FC03658-135 S:XPROJECTSTC03600 - FC036991FC036S6.000 • South Lamy Ave. Widening113W. RaportsIR11FC03658-135 R1 Lemay Widening, revlsed.rH 5. Fly ash treatment recommendations presented in the PAVEMENT MATERIALS section of this report should be followed for each of the double treatment applications. PAVEMENT DESIGN We used the AASHTO design method in accordance with City of Fort Collins requirements for pavement design calculations. The portion of South Lemay Avenue addressed by this report is classified as a 4-lane arterial with a design Equivalent Daily Load Application (EDLA) of 200. These EDLA values are converted to Equivalent Single Axle Loads (ESALs) for a twenty-year design life. Hveem testing resulted in an R-value of less than 5. Therefore, we performed pavement design calculations using an R-Value of 3 to represent the highly plastic clays and claystone encountered in the subgrade. Our recommended pavement design section for the South Lemay Avenue widening is presented in Table I below. The City desires to use a pavement section consisting of asphaltic concrete on aggregate base course over fly ash treated subgrade. We understand the City plans to treat the existing subgrade with a minimum of 12% fly ash in the upper 1 foot for expansive soil mitigation purposes. According to the Larimer County Urban Area Street Standards, as adopted by the City of Fort Collins, credit for strength gain is not allowed for fly ash treatment in this manner. In order to use fly ash treated subgrade in the pavement section calculations, a mix design must be performed and the soil/fly ash mixture must achieve a minimum 7-day compressive strength of 150 psi. Our scope of work did not include design of a soil/fly ash mixture. If plans change, we are available to perform a soil/fly ash mix design. Portland cement concrete pavements were not considered as we understand the City wishes to match the existing pavement surface. Additional discussion regarding advantages and disadvantages of the pavement alternatives and their expected performance is included under PAVEMENT SELECTION. The following table presents a pavement section recommended for fly ash treated subgrade. CITY OF FORT COLLINS -STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING s CTL I T PROJECT NO. FC03658.135 S;WROJECTMFC03600- FC036991FC03658.000-Sofh Lamy Ave. Widening%135U. ReporWRITC03858.135 RI Len y WWMhp, tovlsed.M TABLE RECOMMENDED PAVEMENT SECTION UN 'IL INt;Hk:b VI- f-LT Asti ! KtA I tU ZWUUKAUt' "Provided fly ash mix design Indicates minimum compressive strength of 150 psi PAVEMENT SELECTION The City of Fort Collins generally requires a pavement section consisting of asphalt over aggregate base course. Asphalt over aggregate base course has had variable reported performance history in swelling soil environments. Some municipalities believe base course provides a flexible layer to help distribute swell of the subgrade and may reduce the likelihood of longitudinal cracks. Conversely, there have been problems where base course has "pushed" into wet clay subgrade. A geotextile fabric, such as Mirafi 500x or equivalent, can be used to help separate the subgrade and aggregate base course thereby reducing co - mingling of the aggregate base with the subgrade soil over time. We regard the use of geotextile fabric as optional for this project. The base course may also allow moisture to infiltrate under the pavement causing the base course to lose strength when wetted. An alternative to aggregate base course would be to use recycled asphalt or concrete base course. Asphaltic concrete over stabilized subgrade with or without aggregate base generally performs well in soils exhibiting moderate swell characteristics. The asphaltic concrete pavement over stabilized subgrade has a higher fatigue resistance than the other alternatives and will effectively reduce potential heave related damage to the pavement. We understand the City will likely use this alternative for this project. We believe serviceability will be increased, and maintenance reduced, if asphaltic concrete over stabilized subgrade is used. Stabilization done during winter months (when soil temperatures are 40*F or CITY OF FORT COLLINS -STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING 7 CTL I T PROJECT NO. FC03656-135 S:IPROJECTSIFC03600 • FC036991FC03658.000 - South Lc=y Ave. Wldening113512. ReportsIR11FC03658.135 Rt Le=y Widening, revlsed.nt lower) should consist of either fly ash or a lime and fly ash combination. Curing and strength gains of fly ash treated soils will decrease significantly in cooler weather. PAVEMENT MATERIALS Material properties and construction criteria for the pavement alternatives are provided below. These criteria were developed from analysis of the field and laboratory data, our experience and City of Fort Collins requirements. If the materials cannot meet these recommendations, then the pavement design should be reevaluated based upon available materials. All materials and construction requirements of the City of Fort Collins should be followed. All materials planned• for construction should be submitted and the applicable laboratory tests performed to verify compliance with the specifications. Asphaltic Concrete (AC) 1. Hot mix asphalt should be composed of a mixture of aggregate, filler, hydrated lime and asphalt cement. Some mixes may require polymer modified asphalt cement, or make use of up to 20% reclaimed asphalt pavement (RAP). A iob mix design is with 2. Hot mix asphalt should be relatively impermeable to moisture and should be designed with crushed aggregates that have a minimum of 80% of the aggregate retained on the No. 4 sieve with two mechanically fractured faces. 3. Gradations that approach the maximum density line (within 5% between the No. 4 and 50 sieve) should be avoided. A gradation with a nominal maximum size of 3t4 or 1/2 inches developed on the fine side of the maximum density line should be used. 4. Total void content, voids in the mineral aggregate (VMA) and voids filled should be considered in the selection of the optimum asphalt cement content. The optimum asphalt content should be selected at a total air void content of approximately 4%. The mixture should have a minimum VMA of 14% and between 65% and 80% of voids filled. CITY OF FORT COLLINS - STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING 8 CTL I T PROJECT NO. FC03658-135 S:IPROJECTStFCO2900 - FC076WFC07650.000 - South Lemay Ave. WiduningFt 2512. RepoeslR AFC0 65a.135 R I Lom y W Idoning, mised.rtf 5. Asphalt cement should meet the requirements of the Superpave Performance Graded Binders (PG). The minimum performing asphalt cement should be PG 64-22 for use along the Front Range. The use of PG 58-28 or PG 58-22 asphalt cement has been known to cause tenderness in pavements in the Front Range area and should be avoided. 6. Hydrated lime should be added at the rate of 1% by dry weight of the aggregate and should be included in the amount passing the No. 200 sieve. Hydrated lime for aggregate pretreatment should conform to the requirements of ASTM C 207, Type N. 7. Paving should only be performed when subgrade temperatures are above 40°F and air temperature is at least 40°F and rising. 8. Hot mix asphalt should not be placed at a temperature lower than 245°F for mixes containing PG 64-22 asphalt, and 290OF for mixes containing polymer modified asphalt. The breakdown compaction should be completed before the mixture temperature drops 200F. 9. The maximum compacted lift should be 3.0 inches and joints should be staggered. No joints should be placed within wheel paths. 10. Asphalt concrete should be compacted to between 92 and 96 percent of Maximum Theoretical Density. The surface shall be sealed with a finish roller prior to the mix cooling to 185°F. 11. Placement and compaction of hot mix asphalt should be observed and tested by a representative of our firm. Placement should not commence until the subgrade is properly prepared (or stabilized), observed, and proof -rolled. CITY OF FORT COLLINS - STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING 9 CTL I T PROJECT NO. FC03858-135 S;TROJECTSIFC03600 - FC036295FC03656.000 -South Lemay Ave. YQdenl gMS2. RepoAs%R11FC03656.135 R1 Lemay WIdeninp, re lsed.rtf Lr Aggregate Base Course (ABC) A Class 5 or 6 Colorado Department of Transportation (CDOT) specified aggregate base course should be used. A recycled asphalt or concrete alternative, which meets the Class 5 or 6 designation, is also acceptable. 2. Aggregate base course should have a minimum Hveem stabilometer value of 77. Aggregate base course or recycled concrete material must be moisture stable. The change in R-value from 300 psi to 100 psi exudation pressure should be 12 points or less. 3. If used, geotextile fabric (Mirafi 500x or equivalent) should be placed over the approved subgrade within 24 hours prior to placement of aggregate base course or recycled asphalt/concrete. Fabric should be rolled out longitudinally with minimum overlapped seams of 2.5 feet. No wrinkles should be permitted. 4. Aggregate base course or recycled asphalt/concrete should be laid in thin lifts not to exceed 8 inches, moisture treated to within 2% of optimum moisture content and compacted to at least 95% of modified Proctor maximum dry density (ASTM D 1557, AASHTO T 180). 5. Placement and compaction of aggregate base course or recycled concrete should be observed and tested by a representative of our firm. Placement should not commence until the underlying subgrade is properly prepared and inspected. CITY OF FORT COLLINS - STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING 10 CTL ( T PROJECT NO. FC03658-135 S:TROJECTSIFC03600- FC0369e1FC03659.000- South Lemoy Ave. Widening11 W. RopurtsIR14FC03656-135 R7 Lenuty Widening, revlsed.rtl Fly Ash Treatment We recommend the following general procedures for construction of fly ash stabilized soils in cohesive materials based on requirements from Chapter 22 of the Larimer County Urban Area Street Standards, guidelines and information published by The Western Ash Company' and the American Society of Civil Engineers2 (ASCE), and our experience. 1. The subgrades should be shaped to final line and grade. 2. The fly ash used should meet requirements specified in ASTM C 593 and C 618. 3. Fly ash should be spread with a mechanical spreader from back of curb to back of curb for detached sidewalks or back of walk to back of walk for attached sidewalks. 4. Fly ash and subgrade soils should be mixed, and water added until a homogeneous, uniform mixture is obtained that is within 2 percent of laboratory determined optimum moisture content in accordance with ASTM D 558. 5. The fly ash/soil mixture should be compacted to at least 95% of the mixtures maximum dry density (ASTM D 558) if subsequent sub- base and/or base courses are to be placed. 6. The subgrades should be re -shaped to final line and grade. 7. Mixing, compaction and final shaping should be completed within 2 hours of addition of water to the fly ash/soil mixture. 8. The subgrade should be sealed with a pneumatic -tire roller that is sufficiently light in weight so as to not cause hair -line cracking of the subgrade. 9. The City requires a minimum of 2 days curing prior to paving (the surface of the stabilized area should be kept moist during the cure period by periodic, light sprinkling if needed). Strength gains will be slower during cooler weather. The City of Fort Collins requirements specify that traffic is not permitted on the treated subgrade during the curing period. '"In Place Soil Treatment With Class C Fly ash", Western Ash Company. 2"Use of Self -cementing Fly ashes as a Soil Stabilization Agent, Fly ash for Soil Improvement", American Society of Civil Engineers, Geotechnical Special Publication No. 36, October, 1993, CITY OF FORT COLLINS - STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING 11 CTL i T PROJECT NO. FC0365a-135 S=\PROJECTSWC03600 - FC036"%FC03658.000 - South Lcnuy Ave. WidenlnM13W. RoponskRAWC03658-135 R1 Lemay Widening, mvised.rtl 10. We should be given a minimum advanced notice of at least 48 hours to prepare laboratory specimens to determine the fly ash/soil mixtures maximum dry density and optimum moisture content in order to meet the 2-hour compaction requirement specified above. 11. Final grading of the subgrade should be carefully controlled so the design cross -slope is maintained and low spots in the subgrade that could trap water are eliminated. 12. Once final subgrade elevation has been reached and the subgrade compacted and inspected, the area should be proof -rolled with a pneumatic tired vehicle loaded to at least 18 kips per axle. The proof -roll should be performed while moisture contents of the subgrade are still within the recommended limits. Drying of the subgrade prior to proof -roll or paving should be avoided. Areas of soft or wet subgrade should be remedied. The treated areas will gain greater strength if they are allowed to cure for 1 to 3 days prior to paving. Previous experience indicates the target strength of the fly ash/soil mixture should be approximately 160 psi at 7 days for 12 percent fly ash. Compressive strength specimens prepared during construction are required to receive full credit for the treated subgrade in pavement section calculations. Laboratory compressive strength specimens should be made and cured according to ASTM D 1632. Field cured specimens should be made according to ASTM D 1632 and cured in a protected area, such as a shallow covered pit, adjacent to the treated subgrade. If compressive strength specimens are not prepared during construction, the allowed credit for the treated subgrade will not be used in the pavement section design calculations. Strength gains will be slower during cooler weather, and are unlikely when the soil temperature is less than 40 degrees (F). Construction traffic on the treated subgrade prior to pavement section construction should be limited and the subgrade should be protected from freezing or drying at all times until paving. Moisture treatment without chemical stabilization may be preferable in detached sidewalk subgrade areas to reduce problems associated with landscaping. Maintaining moisture contents near optimum will be critical during subgrade preparation of these areas to achieve a stable surface. We believe moisture treatment of the upper 12 inches of sidewalk subgrade should be effective. Moisture treatment of the sidewalk subgrade soils should occur as CITY OF FORT COLLINS -STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING 12 CTL I T PROJECT NO. FC03658-135 S:IPROJECTSTC03600 - FC036991FC03658.000 - Soulh Lowy Ave. Wldening{135U. ReportskRIVC03658435 R1 Lowy Widening, revlsed.rtl SPECIFICATIONS AND CONTRACT DOCUMENTS FOR South Lemay Avenue Widening Project BID NO. 5983 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS June 16, 2006 — 3:00 P.M. (OUR CLOCK) Project: South Lemay Avenue Widening (2006) Date: 05/1012006 SpeUttem Number Description Estimated Quantity Unit Unit Cost Item Cost 203-01 Unclassified Excavation (Including 8" of Existing Road) 1,865 CY 6.20 11,563.00 203-02 Embankment -(CIP) 4,304 CY 5.80 24,963.20 203-03 Stockpile & Place Pulverized Asphalt 2439 CY 5.50 13,414.50 203-04 Clear and Grub 1 LS 11,051, 90 11,051.90 203-05 Borrow ABC (Class 5 or 6) - (CIP) 100 TON 11.90 1,190.00 203-06 Muck Excavation - (CIP) 361 CY 28.85 10, 414. 85 203-07 Topsoil - (Stripping, Stockpiling, Placing) - 6" Depth 1876 CY 3.45 6,472.20 203-08 Temporary Access - All Weather Road (2000' x 12') 657 TN 13.40 8,803, 80 203-09 Median Splashblock/ Hardscape Shaping - (CIP) 8962 SF 0.75 6,721.50 203-10 Potholing 1 Ls 3,605.00 3,605.00 203-11 Flowfill Section Over Shallow Utilities 600 LF 13.80 8,280.00 203-12 Import Screened Topsoil 3" Depth (BOC to sidewalk) - (CIP) 158 CY 12.35 1,951.30 208-01 Erosion Control 1 LS 4,099.40 4,099.40 210-01 Adjust Manhole Ring/Cover 8 EA 430.05 3,440.40 210-02 Modify Manhole 1 EA 1,423.45 1,423.45 210-03 Adjust Valve Box (FCLWD) 7 EA 168.50 1,179.50 210-04 Abandon Water Service 2 EA 597.40 1,194.80 210-05 R & R Existing Water Meter Pit To New ROW Location 3 EA 1., 945 . 65 5,836.95 210-06 Reset Mailbox United States Postal Standards 3 EA 180.25 540.75 210-07 Relocate Gate to ROW 1 LS 309.00 309.00 close to the time of sidewalk construction as possible. The acceptable time period between subgrade treatment/preparation and sidewalk construction is variable depending on the time of year, weather conditions and other factors. However, the final subgrade surface must be protected from freezing or excessive drying until such time as the pavement section is constructed. Periodic sprinkling of the subgrade surface, covering the subgrade, or other protective measures may be required. Additional guidelines for subgrade preparation are presented below. CONSTRUCTION DETAILS The design of a pavement system is as much a function of the quality of the paving materials and construction as the support characteristics -of the subgrade. The construction materials are assumed to possess sufficient quality as reflected by the strength coefficients used in the flexible pavement design calculations. These strength coefficients were developed through research and experience to simulate expected material of good quality, as explained herein. During construction careful attention should be paid to the following details: Placement and compaction of trench backfill. Compaction at curb lines and around manholes and water valves. > Excavation of completed pavements for utility construction and repair. Moisture treating or stabilization of the subgrade to reduce swell potential. Design slopes of the adjacent ground and pavement to rapidly remove water from the pavement surface. MAINTENANCE We recommend a preventive maintenance program be developed and followed for all pavement systems to assure the design life can be realized. Choosing to defer maintenance usually results in accelerated deterioration leading to higher future maintenance costs, and/or repair. A recommended maintenance program is outlined in Appendix C. CITY OF FORT COLLINS - STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING 13 CTL I T PROJECT NO. FC03658.135 S;%PROJECTS)FC03600 - FC036991FC03658.000 -South Lemey Ave. Wldeninp113512. ReporWRPFC03656.135 R1 Le y WIdenina, revlsed.rtt LIMITATIONS The pavement and construction recommendations are based upon our field observation and testing, minimum traffic levels, and design criteria required by the City of Fort Collins and the AASHTO design methods. The design procedures were formulated to provide sections with adequate structural strength. Routine maintenance, such as sealing and repair of cracks, is necessary to achieve the long-term life of a pavement system. If the design and construction recommendations cannot be followed, or anticipated traffic loads change considerably, we should be contacted to review the recommendations. We believe the geotechnical services for this project were performed in a manner consistent with that level of care and skill ordinarily exercised by members of the geotechnical engineering profession currently practicing under similar conditions in the locality of the project. No warranty, express or implied, is made. If we can be of further service in discussing the contents of this report, or in the analyses of the proposed pavement systems from a geotechnical point of view, please call. CTL I THOMPSON, INC. Gary A. Diewald Project Engineer (4 copies sent) Reviewed by: R.B. "Chip" Leadbetter, III, PE Project Engineer CITY OF FORT COLLINS - STREET OVERSIZING PROGRAM SOUTH LEMAY AVENUE WIDENING .14 CTL I T PROJECT NO. FC03658-135 &WROJECTSTC03600 . FC0369ZFC03658.000 - Smth Lamy Ave. Widenlrg113517. ReportslR11FC63658.135 R1 Lenny Widening, revised.rif j IL—,-�- NASSAU WAY PRONNCE ROAD Z O F- 4 U O J W H Z X of m IL Qo C/)� ur 0 Qm U:D _ U) p o LL Z ? O t1 w �• J N , OYOl11f31N7 w O LL om� 0/ OD O -j U) M O� z� UU °p O� O U)WU Z,U. J gj Z 0< U �dLU OLL UJO: v a F— U0 CARPENTER ROAD SOUTH LEMAY AVENUE S-1 S-2 S-3 S-4 S-5 S-6 S-7 S-S 0 26/12 15/12 ►b�, ►�� ►d'�� s�af30112 5015��50112 � b i us ' del ' ' ' /1 ' 11 ' `• i .-,1 i do LIJ 40 00 10 LEGEND: ASPHALTIC CONCRETE w r� w L BASE COURSE w LL a FILL, SAND. CLAYEY, OCCASIONALLY GRAVELLY, STIFF TO VERY STIFF, MOIST. BROWN TO w 0 GRAY BRWON CLAY, SANDY TO SLIGHTLY SILTY, STIFF TO VERY STIFF, MOIST. OCCASIONAL ORGANICS, BROWN TO DARK GRAY (CL,CH) GRAVEL, CLAYEY, DENSE, MOIST, BROWN TO REDDISH BROWN (GC) i7 GRAVEL, SANDY. VERY DENSE, SLIGHLY MOIST, REDDISH BROWN (GP) ® WEATHERED CLAYSTONE, FIRM TO HARD, MOIST, OLIVE BROWN CLAYSTONE, VERY HARD, MOIST, OLIVE BROWN (BEDROCK) DRIVE SAMPLE. THE SYMBOL 26/12 INDICATES 26 BLOWS OF A 140-POUND HAMMER FALLING 30 INCHES WERE REQUIRED TO DRIVE A 2.5-INCH O.D. SAMPLER 12 INCHES. BULK SAMPLE FROM AUGER CUTTINGS. NOTES: 1. THE BORINGS WERE DRILLED ON 11130/2005, USING 4-INCH DIAMETER CONTINUOUS -FLIGHT AUGER AND A TRUCK -MOUNTED DRILL RIG, 2 BORING LOCATIONS WERE STAKED BY A REPRESENTATIVE OF OUR FIRM, 3. THESE LOGS ARE SUBJECT TO THE EXPLANATIONS, LIMITATIONS AND CONCLUSIONS IN THIS REPORT. SUMMARY LOGS OF EXPLORATORY BORINGS CITY CF FCRT COLLINS STREET OV FRSIZING SCUTH LE.MAY AVENUE WOENING IdOG51 FIGURE 2 CTLI TPROJECT NO FCCG65&135 a APPENDIX A LABORATORY TEST RESULTS CITY OF FORT COLLINS - STREET OVERSIZING SOUTH LEMAY AVENUE WIDENING CTL I T PROJECT NO. FC03658.135 S:WROJECTSIFC00600 - FC006991FC00658.000 -South Loney Ave. WidoningN35U. RepartstR11FC00658405 R1 Lem y Wideuing, revisod.rtl 7 6 4 3 2 L I , i I EXPANSION I _RESSURED Ul D E 7 O I I(� {� ' � I 3 � 7-1 17 � 4 't f t � i I j i i I 1 i 0., 1.0 10 APPLIED PRESSURE - KSF Sample of CLAY, SANDY (CL) SAMPLE DRY UNIT WEIGHT= From S-2 AT 2 FEET SAMPLE MOISTURE CONTENT= CITY OF FORT COLLINS STREET OVERSIZING SOUTH LEMAY AVENUE WIDENING CTL I T PROJECT NO. FC03658-135 100 106 PCF t9.3 % Swell Consolidation Test ResUlts FIG. A-1 z 0 a a x w 0 z 0 W W x IL 0 U 7 6 5 4 3 2 I j i + - i ` + t � r _ � ill ; I 1 I t I 1 -PRESSIRE N E I C 1. T_ S i i A i A. I t i 0.1 1.0 10 APPLIED PRESSURE - KSF Sample of CLAY, SANDY (CH) SAMPLE DRY UNIT WEIGHT= From S•4 AT 4 FEET SAMPLE MOISTURE CONTENT= CITY OF FORT COLLINS STREET OVERSIZING SOUTH L.EMAY AVENUE WIDENING CTL I T PROJECT NO. FC03658-135 100 103 PCF 22.1 % Swell Consolidation Test Results FIG. A-2 u 3 2 O to z Q a -1 x w 0 z -2 O CC .3 a 2 O U .q 0.1 1.0 10 APPLIED PRESSURE - KSF Sample of WEATHERED CLAYSTONE SAMPLE DRY UNIT WEIGHT= From S-7 AT 2 FEET SAMPLE MOISTURE CONTENT= a 2 z O 0 W z a a -1 x w e z 2 O V5 N w C - a 3 2 O U 1 RESSUR DU T W I I I 100 108 PCF 19A % E ' 1 , �EXPANS _ ON ND R C T j PRESSURED E-10WETTM I -q 0.1 1.0 10 100 APPLIED PRESSURE - KSF Sample of CLAY, SANDY (CL) SAMPLE DRY UNIT WEIGHT= 105 PCP From S-8 AT 2 FEET SAMPLE MOISTURE CONTENT= 20.1 % Swell Consolidation CITY OF FORT COLLINS Test Results FIG. A-3 STREET OVERSIZING SOUTH LEMAY AVENUE WIDENING CTL I T PROJECT NO. FC03658-135 0 HYDROMETER ANALYSIS SIEVE ANALYSIS 25 HR. 7 HR. TIME READINGS U.S. STANDARD SERIES CLEAR SOUARE OPENINGS 45VIN IS MIN. SO.MIN. 19MIN, 4VIN. IMIN. '2C0 1100 '50*40'20 '18 11018 '4 3,B* 3'4' 11Y 3' 516'8' 10 .. _. 0 90 , -.. .. ._ _. .. ._.. 10 80 . .... ._ _ ... 20 i 70 _ _. _._ _. .. ... 30 Z N C i60 __ - _ .. .. .. .. .... 40 w r U50 ._ .. _. .: . _. _. ... :. 70 ti z rt w ¢ nW _. _. ... .. .. _. _ __.. _. 60 w w 20 ._. _... _. _. 80 to go .001 0.002 006 ow .016 .037 -074 A49 297 .590 1A9 2.o 2.38 4.76 SS2 19A 36.1 75.2 127 200 042 IS2 DIAMETER OF PARTICLE IN MILLIMETERS Sample of SAND, CLAYEY (SC) GRAVEL 12 % SAND 43 % From S-2 AT 0 TO 4 FEET SU M,AY ' 45 % LIQUID LIMIT 34 % PLASTIOTY INDEX 24 % HYDROMETER ANALYSIS I SIEVE ANALYSIS 25 NR, 7 HR. TIME READINGS U.S. STANDARD SERIES - CLEAR SOUARE OPENINGS 46 MIN. 15 MIN. 60 WN. I9 MIN. 41Ak IJAN. '200 '9 '30*40'SO *16 'Iola '4 3.8' 3'•I' 1�- 3' S'6' 8' 100 .. _ _.. . - .. p 90 10 _ . _.. 20 z 70 - 30 w z cc z F 50 _ .. _ . .. . _ _ - 50 w w It a 4p 60 w a 30 _ ... _. _. _._. .. ... .. ._ 70 20 ___. .. _. .... .. ..... .._ _. 80 10 _ ,.. .. - 90 p ___ 1C3 Mt 0 002 C05 C09 019 .037 .074 .149 297 1.19 2.0 2,33 4.76 9S2 19.1 36.1 76.2 127 200 p 42593 DIAMETER OF PARTICLE IN MILLIMETERS Sample of SAND, CLAYEY (SC) From S-4 AT 0 TO 4 FEET CITY OF FORT COLLINS STREET OVERSIZING SOUTH LEMAY AVENUE WIDENING CTL I T PROJECT NO. FC03658-135 GRAVEL 16 % SAND 51 % SILT S CLAY 33 % LIOUID LIMIT 38 % PLASTICITY INDEX 26 % Gradation Test Results FIG. A-4 IN HYDROMETER ANALYSIS SIEVE ANALYSIS 25 HR, 7 HR. TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 46 MIN, 16 AUN, W WIN 19 PAN. 4 MIN. I MIN. -200 .1m 'S0 140.30 '1• *Vo l$ '4 3W 34• 1%* 31 6'9. 6' 90 .. .. _. _ - 10 i 70 : .. _ _..... _.. _..: _. ..... __. .... 30 w i� 60 _ .. .... 40 w r w 50 so me w a40 ._. . .. _._ .... _.._. _. _.. _. .._._...._ ..... _.,.. ....- ..... ___. 6o w 30 _ _ 70 20 : _ 90 10, __ _ ... _ _. _ 90 p_, . _ _._. _ .. ..... ......._.-.._. ....__._. _ ,. .. .,.....__,_- , w...,.._.-._.. Irn X01 0402 .005 009 019 .037 .074 .140 2970.42590 1.19. 2.0230 4.76 9.52 19.1 36.1 762 127200. DIAMETER OF PARTICLE IN MILLIMETERS Sample of SAND, CLAYEY (SC) GRAVEL 16 % SAND 51 % From S-5 AT 0 TO 4 FEET SILT & CLAY 33 % LIQUID LIMIT 40 % PLASTICITY INDEX 29 % HYDROMETER ANALYSIS SIEVE ANALYSIS 25 HR. 7 HR. TIME READINGS U.S. STANDARD SERIES CLEAR SOUARE OPENINGS 45 MIN. 15 PAIN. 60 MIN. 19 MIN. 4 MIN. I MIN. '200 1100 150 '40 '30 116 110 '6 -4 18' 314' IW 3' 5 6' 6' 100 _ .. _. .-. _. . ..... .. ...._ .. _... ... ._ ,..... ....__.. 0 90 _ .. .... __ .. ...... _ -.... ..... ..... _. _ .. _..... _. __ 10 60 -_- _ ..-. .. _... _. . . ......__ . _... .:..... _..... .. 20 70 ..... _..... .__ . ..... ........ ......... 3060 w 40 50 , . _ .. _ .- _.. .. ... ... ..... . 50 uW�J 6 y� R 40 60 _... _ . _.. .. _.. _. _. .... - -...._ ..... ... 70 20 . ... _ .... .. _. .. ..-. .... ,_ . 90 10 .... _. .. ... _ ... ._..._. .. . 90 .._. __ .._... __. _--._...., ....-_.... 100 001 0.002 .005 OQo .019 .007 ,074 .149 .297 SW 1.19 2.0 2.38 4.76 9.52 19.1 38.1 76.2 127 200 0 DIAMETER OF PARTICLE IN MILLIMETERS SANDS GRAVEL CLAY (PLASTIC) TO SILT (NON -PLASTIC) FINE I IAEDIU, ICOARSEI FINE I COARSE I COBBLES Sample of From CITY OF FORT COLLINS STREET OVERSIZING SOUTH LEMAY AVENUE WIDENING CTL I T PROJECT NO. FC03658-135 GRAVEL % SAND SILT & CLAY % LIQUID LIMIT PLASTICITY INDEX Gradation Test Results FIG. A-5 Project: South Lemay Avenue Widening (2006) Date: 05/10/2006 Spec/nem Number Description Estimated Quantity Unit Unit Cost Item Cost 304-01 Aggregate Base Course - (Class 5 or 6) - 6" Depth - (CIP) 7615 TON 11.15 84,907.25 304-02 Aggregate Base Course Patch Placement - (Class 5 or 6) - 6" Depth - (CIP) 100 TON 16.80 1 . 680 - 00 304-03 Gravel Shoulder - Class 5 or 6 Aggregate Base (4" Depth) 45 TON 12.40 558.00 306-01 Reconditioning (8") 937 SY 1.20 1,124.40 307.01 Option A - Flyash Subgrade Stabilization - ( 6%) 23502 SY 4.40 103, 408.80 307-02 Option A - Flyash Subgrade Stabilization - (8%) 23502 SY 4.40 1031,408.80 307-03 Option A - Flyash Operation Mobilization 1 EA 2,423.05 2,423.05 403-01 Hot Bituminous Pavement - Grading S-100 (3" Depth) - (PG 64.28) 3,607 TON 55.60 200,549.20 403-02 Hot Bituminous Pavement - Grading SG-100 (4" Depth) - (PG 64-22) 4,809 TON 38.55 185,386.95 403-03 Overlay Existing Lemay- Grading S-100 (2" Depth) - (PG 64-28) 2,038 TON 56.25 114,637.50 403-04 Overlay Existing Carpenter- Grading S-100 (2" Depth) - (PG 64.28) 576 TON 60.40 34, 790. 40 403-05 Asphalt Leveling Course 3/4 Grading S-100 (PG 64-22) 400 TON 46.55 18 , 620. 00 403-06 Asphalt Paver patching Carpenter Rd. - Grading SG-100 (4" Depth) - (PG 64-22) 200 TON 49.30 9,860.00 403-07 Asphalt Patching - Grading SG-100 (4" Depth) - (PG 64-22) 50 TON 87,30 4 , 36 5 - 00 420-01 Geotextile Paving Membrane 200 SY 2.15 430.00 506-01 10'x45' Type L Rip -Rap, 6" Topsoil (CIP Per Detail) 55 SY 27.40 1,507.00 506-02 6'x6' Type L Rip -Rap, 6" Topsoil (At the end of Curb and Gutter for Erosion Prevention) 3 EA 381.10 1,143 . 30 603-01 42" RCP Class III 101 LF 149.75 15,124.75 603-02 42" RCP Class III FES 3 EA 1 , 822.05 5,466.15 603-03 30" RCP Class 111 25 LF 97.75 2,443.75 TABLE A-1 SUMMARY OF LABORATORY TEST RESULTS HOLE DEPTH (FEET) TYPE MOISTURE (%) DRY DENSITY (PCF) SWELL TEST pATA PA SING NO. 200 SIEVE (%) ATTERBERG LIMITS R-VALUE AASHTO CLASSIFICATION GROUP INDEX WATER SOLUBLE SULFATES (%) SOIL TYPE SWELL (%) APPLIED PRESSURE (PSF) LIQUID LIMIT 0/) PLASTICITY INDEX N S-1 0 TO 4 BULK 39 41 29 A-7-6 5 SAND, CLAYEY (SC) S-2 2 CAL 19.3 106 2.0 150 CLAY, SANDY CL S-2 0 TO 4 BULK 12.5 45 34 24 A-6 6 SAND. CLAYEY SC S-3 OT04 BULK 1 39 58 43 A-7-6 9 SAND, CLAYEY SC S-4 0 T04 BULK 14.0 33 38 26 A-2-6 3 SAND, CLAYEY (SC) S-4 4 CAL 22.1 103 3.3 150 0.480 CLAY, SANDY CH S4 4 TO 9 BULK 69 69 52 A-7-6 34. CLAY, SANDY CH S-5 0 TO 4 BULK 13.9 33 40 29 A-2.6 3 SAND, CLAYEY SC 6-6 0 TO 4 BULK 35 48 35 A-2-7 5 SAND. CLAYEY SC S-7 2 CAL 19.4 108 3.1 150 0.110 WEATHERED CLAYSTONE S-7 0 TO 4 BULK 38 55 42 A-7-6 8 SAND, CLAYEY SC S-7 4 T09 BULK 51 61 46 A-7-6 18 CLAYSTONE S-8 2 CAL 20.1 105 0.4 150 CLAY, SANDY (CL S-8 0 TO 4 BULK 29 44 32 A-2-7 3 SAND, CLAYEY SC COMBINED S-3 S-6, S-7 0 TO a I BULK 36 56 40 < 5 A-7-6 7 SAND, CLAYEY (SC) Cn of FOffT COU.N5 9TpJE"ovEAS&Zw SOUTH LWAY OWME W OMM CR I T PROJECT HO. iC036M 135 Page 1 of 1 mim APPENDIX B DESIGN CALCULATIONS CITY OF FORT COLLINS - STREET OVERSIZING SOUTH LEMAY AVENUE WIDENING CTL I T PROJECT NO. FC07658-175 S:iPR0JECTS1FC07600 • FC006991FC05656.000 • South Lemay Ave. WidenlrUM5Q. RaportslRlWC07658.175 RI Lomay Widenln0, revlsod.Nll Project: South Lemay Widening Job No. FC03658-135 What is the Design ESAL ? What is the Serviceability Loss ? What is the Reliability ? What is the Standard Deviation ? What is the R-value ? Computed Resilient Modulus = If R is not available, Input Resilient Modulus = DESIGN RESILIENT MODULUS = 1,460,000 psi psi Ipsi 2.0 90 0.44 3 29834 1 29834 DESIGN STRUCTURAL NUMBER (SN) = 1 4.97 Full Depth AC Thickness on Subgrade is 11.3 inches What is the AC Layer Coefficient ? What is the ABC Layer Coefficient ? What is the FASS Layer Coefficient? 0.44 0.11 0.10 7.5 inches AC over 15.2 inches Aggregate Base Course 1=1inches AC over 1=1inches Fly Ash Stabilized Subgrade 7.1 inches AC over 6.0 inches ABC over =inches FASS NOTES: AC = Asphalt Concrete, ABC = Aggregate Base Course, FASS = Fly Ash Stabilized Subgrade This table presents design parameters and pavement thickness calculations, and should not be used for construction purposes. Final pavement thicknesses are presented in the report, PROJECT NO. FC03658-135 FIGURE B-1 APPENDIX C GUIDELINE MAINTENANCE RECOMMENDATIONS MAINTENANCE RECOMMENDATIONS FOR FLEXIBLE PAVEMENTS CITY OF FORT COLLINS - STREET OVERSIZING SOUTH LEMAY AVENUE WIDENING CTL I T PROJECT NO, FC03658-135 SAPROJECTS%FC03600 • FC036991FC03658,000 - South Lomay Ave. Wldening1135+Z, Roporis1R11FC03658-135 R1 Lomay WIdentaq. revl3e0.rt1 APPENDIX C GUIDELINE MAINTENANCE RECOMMENDATIONS MAINTENANCE RECOMMENDATIONS FOR FLEXIBLE PAVEMENTS A primary cause for deterioration of pavements is oxidative aging resulting in brittle pavements. 'fire loads from traffic are necessary to "work" or knead the asphaltic concrete to keep it flexible and rejuvenated. Preventive maintenance treatments will typically preserve the original or existing pavement by providing a protective seal or rejuvenating the asphalt binder to extend pavement life. Annual Preventive Maintenance a. Visual pavement evaluations should be performed each spring or fall. b. Reports documenting the progress of distress should be kept current to provide information on effective times to apply preventive maintenance treatments. C. Crack sealing should be performed annually as new cracks appear. 2. 3 to 5 Year Preventive Maintenance a. The owner should budget for a preventive treatment at approximate intervals of 3 to 5 years to reduce oxidative embrittlement problems. b. Typical preventive maintenance treatments include chip seals, fog seals, slurry seals and crack sealing. 3. 5 to 10 Year Corrective Maintenance a. Corrective maintenance may be necessary, as dictated by the pavement condition, to correct rutting, cracking and structurally failed areas. b. Corrective maintenance may include full depth patching, milling and overlays. C. In order for the pavement to provide a 20-year service life, at least one major corrective overlay should be expected. CITY OF FORT COLLINS - STREET OVERSIZING SOUTH LEMAY AVENUE WIDENING CTL I T PROJECT NO. FC03658.135 S9FROJECT&FC03600 - FC036MFC03658.000 -South Lemay Ave. Wldening113512. RepartslRITC03658-t35 RI Lomay Widening, rovisedAl No Text Project: South Lemay Avenue Widening (2006) Date: 05/10/2006 Spec/Item Number Description EsUmstad Quantity Unit Unit Cost Item Cost 603-04 30" RCP Class III FES 1 EA 1136.10 1,136.10 603-05 Install Concrete Field Collar 4 EA 103.00 412.00 604-01 10' Type R Inlet 1 EA 5,058.35 5,058.35 604-02 Median Underdrain Pipe System - (4" Perforated Pipe) 507 LF 10.95 5,551.65 604-03 Median Underdrain Pipe System - (4" Solid Pipe) 194 LF 18.85 3,656.90 604-04 4" Median Under Drain Clean Out 8 EA 88.60 708.80 _ 604-05 Tie To Existing Storm Sewer Manhole for 4" Underdrain (Core Drill and Connect with Non -shrink Grout) 2 EA 731.30 1,462.60 604-06 8"SDR-35 Sewer Main 467 LF 39.70 18,539.90 604-07 Tie To Existing Sanitary Sewer Manhole Per FCLWD Spec 1 EA 746.75 746.75 604-08 4' Diameter Sewer Manhole 1 EA 2,569.85 2,569.85 604-09 Remove Existing Sewer Stub 60 LF 27.05 1,623.00 604-10 4" PVC Conduit Sleeving 620 LF 8.45 5,239.00 607-01 Orange Safety Fence 2300 LF 1.25 2,875.00 607-02 Smooth Wire Fence 883 LF 2.45 2,163.35 608-01 Concrete Sidewalk (6") 937 SY 27.65 25,908.05 608-02 Concrete Pedestrian Access Ramps with Truncated Domes (8") 60 SY 95.05 5,703.00 608-03 Concrete Drive Approach (6") 750 SF 3.80 2,850.00 608-04 6" Concrete Driveway Replacement 576 SF 3.80 2,188.80 608-05 Hi -Early Concrete (24 Hour) 50 CY 88.00 4,400.00 608-06 Flowable Fill Concrete 300 CY 56.00 16,800.00 Project: South Lemay Avenue Widening (2006) Date: 05/10/2006 Spec/Item Number Description Estimated Quantity Unit Unit Cost Item Cost 608-07 Exposed Aggregate Median Splashblock (4") 8962 SF 4.00 35,848.00 609-01 Vertical Curb & Gutter (30") 2780 LF 9.40 26,132.00 609-02 Outfall Curb & Gutter (18") 2842 LF 9.50 26, 999.00 609-03 Driveway Curb Cuts (25' Width) 3 EA 456.4 1,369.20 609-04 R & R Vertical Curb and Gutter 50 LF 26.20 1,310.00 609-05 R & R Concrete Sidewalk 20 SF 7.60 152.00 619-01 20" x 8" Tapping Saddle & 8" Valve/ Tap -TB -Valve Box/ FLWD Spec 2 EA 4,135.45 8,270.90 619-02 8" C-900 Water Main 141 LF 38.70 5,456.70 619-03 8" x 2" Temporary Blow -Off 2 EA 460.40 920.80 619-04 8" 22.5 Ductile Degree Bends 2 EA 290.45 580.90 619-05 3/4" Irrigation Water Service & Meter Pit / Copper -Corp -Curb Stop/ FLWD Spec & COFC Spec Backflow Preventer/Metal Screen Cover 1 EA 2 , 590 . 45 2,590.45 Subtotal South Lemay Widening Quantities: $ 1,289,666.85 Landscaping Quantities: 2810-01 Irrigation 0 SF 2000-01 Dry Land Seed 2000-02 Topsoil - 60/40 compost mix for center median 0.30 AC 1,751.00 525.30 288 Cv 14.40 4,147.20 Subtotal Landscaping Quantities: $ 4,672.50 Project: South Lentay Avenue Widening (2006) Date: 05/10/2006 Spec/Item Description Estimated Unit Unit Cost Nam Cost Number Quantity Miscellaneous Quantities: - Contract Bond 625-01 Construction Surveying 626-01 Mobilization 630-01 Specialty Signs 3" Letters On 48" x 48" 630-02 Message Boards (4 Boards for a total of 6 Days) 630-03 Jersey Barriers 630.04 Type III Barricades 630.05 Traffic Control 1.00 LS 13560.40 13,560.40 1.00 LS 12886.05 12,886.05 1.00 LS 13509.90 13,509.90 7 EA 87.55 612.85 6 DAY 618.00 3,708.00 50 LF 24.20 1,210.00 8 SECTION 231.75 1,854.00 1 Ls 45863.35 45,863.35 Subtotal Misc. Quantities: $ 93,204.55 TOTAL PROJECT COST (South Lemay Widening with OPTION "A" Flyash, Landscaping Quantities, Misc. Quantities)= $ 1,387,543.90 One Million Three Hundred Eighty-seven, Five Hundred Forty -Three Dollars Ninety------------------------------------------------------------------------------------ Cents ALTERNATE "B" FLYASH QUANTITIES: Flvash Quantities: 307-01 Ontion B - Flvash Subgrade Stabilization - H 2%) 23502 BY 5.15 121,035.30 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (250) of the total Agreement Price. RESPECTFULLY SUBMITTED: Compa /G a6 i ature Date Kenneth R. Ball, General Manager Title 00239 License Number (If Applicable) (Seal - if Bid is by corporation) ,I Attest:CJq yy Ci A ress 1800 North Taft Hill Road Fort Collins, CO 80521 Telephone 970-407-3600 7/96 Section 00300 Page 8 I SECTION 001110 5TD UOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned zi-n Principal, and Safeco Insurance Company Of Amerind___,,,,,,,. ar. Surety, arc, ire-r.Pby lrelci ind fjimly bound unto the C: ter of Fort Collins, Colorado, as oWNEIIt, .in the :;nm of $ 5% Of Amount Bid for the paymr-nl: t)f which, well and truly to be mado, w(- hereby joinLly and severally bind ouruelvos, successors, and assigns. THE CONDITION of this obligation is sur.h that whereas the Principal. ha:; :;ubfili I I.(Ad Lo C}r(: City of Fort Collins, Colorado the ac:cornpanying Bid and hi:r;c:hy rm)(10 1 part. hr.reof to enter into a Construction Agreement: for the c;t1,t:1 ruc:t i.on of Fort. Collins Project, 1r983 South Lemay Avenue Widening P170jc.cl:. NOW THEREFORE, (nl if said Bid shall be rejected, or (},) t F :;Biel Bid :3hai 1, be accepted and the Principal shall execute and dei ver a Cuntrzict in tho form of Contract at.t,lr_hed hereto (properly completed in ncordance with said 13i.d) and shall furnish a BOND for his fe ithEul performance of said Contract, and for paymctnt. of all persons performing labor or furnishing materials in conm <:reion therewith, and shall in ail either respecrs perform the Agreement created by the acceptance of said Bid, then this obligation shall. be void; otherwise tho same shall remain in Lorce and effect, it being expr.esn.ly undorstood and agreed that the: liability of the Surety for any and ,ill, claims hPrreunder shall, in no event, exceed the penal amount of this obligation as hotrein stated. The Surety, for value received, hereby stipulates and agreas that the otrl.iy,st: c)ns of said Surety and its BOND :shall be in no way impaired or .ifrocIcri by any extension of the time within which the OWNER may accept such Bid; and said Surety doc;t hereby waive notice of any such extension. Surety Companies executing boncls must. be, alit:hozized to transact businoss in tho Far.ate of co.lorado and be accepted by Lhe OWNER. 7/96 Section 00410 Page 2 TN WLTNESfi, WHEREOF, l:he Principal and ChEe Suroty have hereunto set.. their hand.; an'1 :_;�..;1:: Phi^ 16th day of June _, 2006, and much of them as ,aro corporZiLions have caused their corporate to be hereto affixod and th. sr> r resent.:; to be sighed by their proper offerers, the day and year first set fc'irP.h alx�ve;- PRINCIPAL Name: Lafarge North America, Inc. dba Lafarge West, Inc. Add L t';:; : 215 N. Mason Street, 2nd Floor Fort Collins, CO 80 4 Kenneth R.._,Ball, Agent n'r'rE,sr . Hy: Witness, (SEAL). j SURETY Safeco Insurance Company Of America Safeco PI Seattle, WA 98185 (800) 332-3226 BY: Debra J. Sca r ugh Title: Attorney- In-Fac 7/96 Section 00410 Page 3 s '+r POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 6957 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ##KEVIN B. ALEXANDER; JEFFREY C. CAREY; LAURA E. COON; MELISSA D. EVANS; MARY T. FLANIGAN; MICHAEL C. FROST; DAVID M. LOCKTON; RONALD J. LOCKTON; CLAUDIA MANDATO; KERRY A. MARVEL; CHRISTY M. MCCART; PATRICK T. MOUGHAN; JAMES C. PATEIDL; PATRICK T. PRIBYL; DEBRA J. SCARBOROUGH; CAROLYN VAN HAAREN; CLIFFORD B. YOUNG; Kansas City, its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 14th day of March 2006 ,w4DAe j uJ STEPHANIE DALEY--WATSON,SECRETARY MIKE PETERS, PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (t) The provisions of Article V, Section 13 of the By -Laws, and A copy of the power-of-attomey appointment, executed pursuant thereto, and (III) Certifying that said powerof-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attomev are still in full force and effect. have hereunto set my hand and affixed the facsimile seal of said corporation day of JUN t 6 2006 .Siotlts/ STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF 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: Lafaree West. Inc 2. Permanent main office address: 1800 North Taft Hill Road Fort Collins, CO 80521 3. When organized: 1989 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? 7 Years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) City of Fort Collins 2006 Overlay, $2,874.030.00 Fall 2006 Trailhead Subdivision $1,334,099.72 Avgnar 2006 Brightwater Subdivision $1,066,201.08 July 2006 Medical Center of the Rockies $1,0082626.00 December 2006 7. General character of Work performed by your company: Asphalt Paving, Aggregate and RediMix Supply 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. 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. City of Fort Collins 2005 Overlay $2,116,886.00, 12/05, Fort Collins, Paving Observatory Village, $2,261,000.00, 9105. Fort Collins. Paving The Meadows, $1,723,202.00, 12/05. Fort Collins. CO Paving 12. List your major equipment available for this contract. 7/96 Section 00420 Page 1 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SOILS REPORT Whatever is necessary to complete the project. 13. Experience in construction Work similar in importance to this project: City of Fort Collins 2005 Overlay Larimer County 2005 Overlay City of Greeley 2005 Overlay 14. Background and experience of the principal members of your organization, including officers: Bob Cartmel VP 20+ years Steven B. Peterson VP/GM 20+ years Kenneth R. Ball GM 20+ years 15. Credit available: $ 16. Bank reference: Wells Fargo - (503) 721-5252 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18. Are you licensed as a General CONTRACTOR? Yes If yes, in what city, county and state? City of Fort Collins, Larim6that class, license and numbers? General Contractor #00239 19. Do you anticipate subcontracting Work under this Contract? YES If yes, what percent of total contract? 22% and to whom? Please see attached schedule of subcontractors 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 $10,000,000.00 What company? SAFECO Insurance CO of America 22. What are your company's bonding limitations? $80,532,000.00 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 8:00 this 16th day of June . 20 06• 7/96 Section 00420 Page 2 Lafarge,,{dest, Inc. Byo ffer, : Title: Kenneth R. Ball, General Manager State of Colorado County of Larimer Kenneth R Ball being duly sworn deposes and says that he is General Manager of Lafarge West, Inc. and that (Title) (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 16 day of June 20 06 Notary Publi Tamara J. Wag er My commission expires 5/23 �: ,SOTARY ••� PUBLIC 9�OF CpIOeP�O 7/96 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 150 of the contract. ITEM Dirt & Concrete Flyash Fencing Rotomilling Seeding SUBCONTRACTOR Quality Traffic Control Gerrard Excavating Express Concrete Son -Haul, Inc. Armadillo Fencing Don Kehn Construction A&M Landscaping 7/96 Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: June 21, 2006 TO: Lafarge North America, Inc. dba Lafarge West, Inc. PROJECT: 5983 South Lemay Avenue Widening Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated June 16, 2006 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 5983 South Lemay Avenue Widening Project. The City of Fort Collins will use option "B" Flyash Subgrade Stabilization. TOTAL PROJECT COST (South Lemay Widening with OPTION "A" Flyash, Landscaping Quantities, Misc. Quantities= $1,387,543.90 Option A - Flyash Subgrade Stabilization - 307-01 (6%) 23502 SY $4.40 - $103,408.80 Option A - Flyash Subgrade Stabilization - 307-02 (89s) 23502 SY $4.40 - $103,408.80 307-03 Option A - Flyash Operation Mobilization 1 EA $2,423.05 - $ 2,423.05 Option B - Flyash Subgrade Stabilization - 307-01 (12%) 23502 1 SY $5.15 + $121,035.30 TOTAL PROJECT COST (South Lemay Widening with Option "B" Flyash, Landscaping Quantities, Misc. Quantities= $1,299,338.60 The Price of your Agreement is One Million Two Hundred Ninety Nine Thousand Three Hundred Thirty Eight Dollars and Sixty Cents ($1,299,338.60). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award that is by July 6, 2006. 1. You must deliver to the OWNER ,three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 9/12/01 Section 00510 Page 1 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER me B. O'Neill, II, CPPO, FNIGP ctor of Purchasing & Risk Management 7/96 Section 00510 Page 2 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 21 day of June in the year of 2006 and shall be effective on the date this AGREEMENT is signed by the City. The Citv of Fort Collins (hereinafter called OWNER) and Lafarge North America, Inc. dba Lafarge West, 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 Bid 5983 South Lemay Avenue Widening Project and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by North Star Design, 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 by October 1, 2006 as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions by October 11, 2006. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 7/96 Section 00520 Page 1 1) Substantial Completion: One Thousand One Hundred Fifty Dollars ($1,150) for each calendar day or fraction thereof that expires after October 1, 2006 for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after October 11, 2006, the period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Million Two Hundred Ninety Nine Thousand Three Hundred Thirty Eight Dollars and Sixty Cents ($1,299,338.60), 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. 900 of the value of Work completed until the Work has been 50o completed as determined by ENGINEER, when the retainage equals 50 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 1000 of the Work completed. 900 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 7/96 Section 00520 Page 2 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 950 of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by 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 7/96 Section 00520 Page 3 paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4Consent 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 as follows: Sheet 1 Cover Sheet 2 General Notes Sheet 3 Typical Sections Sheet 4 Horizontal Control Plan Sheet 5 Right -of -Way Map Sheet 6-7 tility Remove, Replace and Installation Plan Sheet 8 Water and Sanitary Sewer Plan, Profile and Details Sheet 9-10 Remove, Replace Plan Sheet 11 Lemay/Carpenter Intersection Plan Sheet 12-13 Lemay Avenue Plan and Profile Sheet 14 Lemay Avenue Overlay Area Sheet 15-16 Lemay Avenue Control Line and Median Plan and Profile Sheet 17-18 Grading Plan / Storm Sewer Plan and Profile Sheet 19-20 Erosion Control Plan Sheet 21-22 Signing and Striping Plan Sheet 23-27 Cross Sections Sheet 28-29 Landscape and Irrigation Plan Sheet 22-23 Signing and Striping Plan Sheet 30-32 Details 7/96 Section 00520 Page 4 SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 2 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers N/A to N/A, inclusive. 7.5. The Contract Documents also include all written amendments and 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. 7/96 Section 00520 Page 5 OWNER: CITY OF FORT COLLINS CONTRACTOR: Lafarge North America, Inc. By ' �y RIN ATT C I T MA A By: DAMES B. O'NEILL II, CPPO, FNIGP I ECTOR OF PURCHASING AND RISK MANAGEMENT dba Lafarge West, Inc. Kenneth R. Ball PRINTED NAME Title: General Manager Date: `a D/j RT Date: 6/27/06 �p ••......•Cps .4 (CORPORATE SEALk w Attest: it t: City Cle k •. Tamara J. Wa ei, �� ct Admi C•••N•� •.••••/ Address for giving notices: p�ORAp ddress for giving notices P. 0. Box 580 Fort Collins, CO 80522 Approved s to Fo m As stand)City Attorney Lafarge West, Inc. 1800 North Taft Hill Road Ft. Collins, CO 80521 LICENSE NO.: 00239 7/96 Section 00520 Page 6 SECTION 00610 PERFORMANCE BOND Bond No. 6429774 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Lafarge North America, Inc. dba Lafarge West, Inc. (Address) 1800 N. Taft Hill Road, Fort Collins, CO 80521 (WXX)W4A1T(k1(*Rj) , (X�(X)FAVE kA)f)"jfO , (a Corporation) , hereinafter referred to as the "Principal" and (Firm) Safeco Insurance Company of America (Address) Safeco Plaza, Seattle, WA 98185 (800) 332-3226 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of * in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 21st day of June, 2006, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 5983 South Lemay Avenue Widening Project. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. * One Million Two Hundred Ninety Nine Thousand Three Hundred Thirty Eight Dollars and 60/100 ($1,299,338.60) 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 27thday of .rune , 2006 . IN PRESENCE OF: Princip L rge North America, Inc. dba Larfarge West, Inc. 00, CZ 2Z- G� (Title) 1800 N. Taft Hill Road, Fort Collins, CO 80521 (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF:�j Surety Safeco Insurance(C2lmpany of America Hai ( By: L//%"��1 ✓►`V'J /�//�.�/L� c`— Melissa D. Evans, Attorney —In —Fact By: Safeco Plaza, Seattle, WA 98185 (800) 332-3226 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. 6429774 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Lafarge North America, Inc. dba Lafarge West, Inc. (Address) 1800 N. Taft Hill Road, Fort Collins, CO 80521 (xl%txxbc�RbDxbt�t ta:d) , (xkx)F ciZZ(kRZfA U) , (a Corporation) , hereinafter referred to as the "Principal" and (Firm) Safeco insurance Company of America (Address) Safeco Plaza, Seattle, WA 98185 (800) 332-3226 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of * in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 21st day of June, 2006, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 5983 South Lemay Avenue Widening Project. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. * One Million Two Hundred Ninety Nine Thousand Three Hundred Thirty Eight Dollars and 60/100 ($1,299,338.60) 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 27th day of ,June 2 OD6 PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: q I - (Surety Seal) North America, 1800 N. Taft Hill Road, Fort Collins, CO 80521 (Address) Other Partners e West, Inc. Surety Safeco Insurance Com ny of America 2 By: _ 10 �yG7/Jz-�1� Melissa D. Evans, Attorney -In -Fact By: Safeco Plaza, Seattle, WA 98185 (800) 332-3226 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 Safeco Insurance Company of America POWER General Insurance Company of America :. . Safeco Plaza tb OF ATTORNEY Seattle, WA98185 No. 6957 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint }}KEVIN B. ALEXANDER; JEFFREY C. CAREY; LAURA E. COON; MELISSA D. EVANS; MARY T. FLANIGAN; MICHAEL C. FROST; DAVID M. LOCKTON; RONALD J. LOCKTON; CLAUDIA MANDATO; KERRY A. MARVEL; CHRISTY M. MCCART; PATRICK T. MOUGHAN; JAMES C. PATEIDL; PATRICK T. PRIBYL; DEBRA J. SCARBOROUGH; CAROLYN VAN HAAREN; CLIFFORD B. YOUNG; Kansas City, MI$$O lllk####}### R}}}}k}#kkk#kk#######}}}}}k}kkkk###########}######}#}}}}}}k}kk its true and lawful a8omey(s}in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 14th day of March 1 2006 STEPHANIE DALEYt-WATSON,SECRETARY MIKE PETERS, PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the powerof-attomey appointment, executed pursuant thereto, and (III) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this S-0974/DS 4/05 day of JUN 'i 2006 3DJS STEPHANIE DALEY-WATSON, SECRETARY SafecoO and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF 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 ACORDm CERTIFICATE OF LIABILITY INSURANCE 04/01/2007 DATE(MMIDOIYY) 1 06/26/2006 PRODUCER Lockton Companies THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47th Street, Suite 900 HOLDER. THIS CERTIFICATE DOES NOTME AND, EXTEND OR Kansas City Mo 64112-1906 ALTER THE COVERAGE AFFORDED E (816) 960-9000 INSURERS AFFORDING COVERAGE INSURED LAFARGE WEST, INC. 1060502 NORTHERN PAVING INSURER A: AMERICAN HOME ASSURANCE CO. INSURERB: NATIONAL UNION FIRE INS CO. INSURER C INS CO. STATE OF PA 1800 N. TAFT HILL ROAD INSURER D ILLINOIS NATIONAL INS. CO. FORT COLLINS CO 80521 INSURER E' COVERAGES LAFN001 FK INS 1RER SIICAUTHORIZATE OF EDRREPRESENTATIVECORSPRODUCERTE ISSUING A OAND THE CERTIFICATENTRACT EHOLDE11, 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 GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY X CLAIMS MADE 0 OCCUR LIMIT APPLIES PER: AUTOMOBILE LIABILITY A X ANY AUTO A ALL OWNED AUTOS A SCHEDULED AUTOS A X HIRED AUTOS B X NON-OWNEDAUTOS AGE LIABILITY ANY AUTO GL3919992 CA3802975 (AOS) CA3802976 (MA) CA3802978 (TX) CA3803458 (VA) CA3802977 (OR) NOT APPLICABLE EXCESS LIABILITY OCCUR FICLAIMS MADE NOT APPLICABLE ❑ UMBRELLA _.. DEDUCTIBLE FORM 04/01 /2006 I 04/01 /2007 04/01 /2006 1 04/01 /2007 COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) BODILY INJURY $ j{}(}(J{xxx (Per Person) BODILY INJURY $ XXXXXXX (Per accident) PROPERTY DAMAGE $ XXXXXXX (Per accident) OTHER THAN AUTO ONLY: C WORKERS COMPENSATION AND WC4784594 (AOS) 04/01/2006 04/01/2007 X Fr 'Ga B EMPLOYERS' LIABILITY WC4785228 (OR) E.L. EACH ACCIDENT $ 2,000,000 C WC4785861 (WI)/WC4785277 (NJ) E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2.000.000 D OTHER WC4785225 (FL) D WORKERS COMPENSATION WC4785862 (MI) 1 D WC4785226 LA, ND, OH, WA, WV, N 1Y) DESCRIPTION OF OPERATIONSILOCATWNSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS SOUTH LEMAY AVENUE WIDENING PROJECT. RE: CITY OF FORT COLLINS IS ADDITIONAL INSURED (EXCEPT ON WORKER'S COMP) AS RESPECTS OPERATIONS OF THE NAMED INSURED WHERE REQUIRED BY WRITTEN CONTRACT. 2603892 CITY OF FORT COLLINS 215 NORTH MASON STREET, 2ND FLOOR FORT COLLINS CO 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD 25S (7197) For Auesdon•regarding this contadad,wne.rladed InU,o weak•esection above and specify the client «a'LAFNoo1'• ®ACORD CORPORATION 1988 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 5983 South Lemay Avenue Widening Project PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: Citv of Fort Collins CONTRACTOR: Lafarge North America, Inc. dba Lafarge West, Inc. CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on responsibility for heat, utilities, security, and insurance Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER .17 The under the Contract AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00020 INVITATION TO BID Date: May 15, 2006 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on June 16, 2006, for the South Lemay Avenue Widening Project; BID NO. 5983. If delivered, they are to be delivered to 215 North Mason Street, 2Id Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of intersection and arterial street improvements from Trilby Road south to Carpenter Road (approximately 5280 linear feet). Nassau Way to Carpenter( approximately 2350 linear feet) the scope includes widening Lemay Avenue to a four lane arterial street from its existing two-lane configuration, and interim widening at the Lemay/Carpenter intersection to accommodate auxiliary turn lanes. A full closure has been granted to construct all necessary improvements. The City of Fort Collins Pavement Maintenance Program is coordinating rehabilitation and overlay work on Lemay Avenue with this project. Roadway improvements include the installation of curb -and -gutter, asphalt paving, rotomilling operations, flyash operations, bike lanes, some landscaped medians, and storm and sanitary sewer installations. The Contractor will provide Traffic Control and Construction surveying. The Contractor will be required to work with our traffic control supervisor. This project will be done under a full closure. A total of 4 message Boards for 6 days will be required to notify the traveling public prior/during project construction. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available May 18, 2006. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00a.m., on June 2, 2006, at 281 N. College Ave, Conference Room A, Fort Collins. 07/2001 Section 00020 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Lafarge North America, Inc. dba Lafarge West, Inc. Gentlemen: You are hereby notified that on the day of , 20 , the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 5983 South Lemay Avenue Widening Project. 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: Lafarge North America, Inc. dba Lafarge West, Inc. (CONTRACTOR) PROJECT: 5983 South Lemav Avenue Wideninq Project 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the 7/96 Section 00650 Page 1 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR: Lafarge North America, Inc. dba Lafarge West, Inc. By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Lafarge North America, Inc. dba Lafarge West, Inc. PROJECT: 5983 South Lemav Avenue Wideninq Protect CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00650 Page 3 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12198) C COLORADO DEPARTMENT OF REVENUE V DENVER CO 26i 2-2416 (303) 232-24 t 6 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1Xa)CAX) DO NOT WRITE IN THIS SPACE The exemption certificate for which you area p plying must be used only for the purpose of purchasing construct ion and building materials for the exempt project described below. This exemption does not include or apply tothe purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part oft he structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. Aseparate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each ofthe subcontractors. fSeereverseside). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO SE DENIED. RegatatioriAccoLri No. to be assigned by gad 0170-750 999 ( 1 $0.00 89 - . ���Y IWFt?FI�I�'1-1XJN trade narnefUbA oaner. Partner, or corporate name Mailing address (City. State. Zip). Contact Person - Mail address. Federal Employers Identficalion Number am ount Tor your contrac-17- 1-axlNumber. Business telephone raimber Wors o withholding tax amount number. z: o { COnIT�Ci O7 $'yN1iYCYC $1d . _ antl tl bonta4l Ing atyns T sis oY4 r Ylrttlf t bjr ame or exempt organization ass own on contract). Exemptorganimatin s number 98 - Address of exempt organizaton IZip) Fin nclpa Contact at exemp organzaTo—n Principal con ac s eep one number: Physical location of projectsite (give actual address wfien applicable and lilies and/or County (ies) where project is located) Scheduled Moth Jay Year Estimated Month Day Year construction start date: completion date'. I deal under penally of perjury in the second degree that tare statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corpora e o Eer Tile of cor—p—oraig officer e. UV NU WKIIL ldtLVW INib LINt: Section 00670 Page 1 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure The Department will no longer issue individual Certificates of exem ption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89i# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANT ARD GENERAL, CONDITIONS OF THE CoNs,rRtiCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL. CONDITIONS 1910-8 (1990 EDITION WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTi NTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number S'fidc Number Number & Title 'dumber l DEFINITIONS ........... ......._....__._... _._ __1 2 PRELIMINARY MATTERS _ _ _.3 11 Addenda..._.._ ..............._ .......... _-.1 21 Delivery of Bonds_ 3 L2 Agreement..........................................1 22 Copies oflkxumenGs....... ............. ....3 13 Application for Payment,,..,. ,_.,__ __ 1 23 Commencement of Contract L4 Asbestos....... -.__. _.. .-. A Times; Notice to Proceed _...._.. 3 1.5 Bid .... ........................ ........ ...... ... ..... 1 24 Starting the Work _........._.._._......3 i.6 Bidding Documents_,._...-....._...._.1 25-2.7 Before Starting Construction; 1 7 Bidding Requirements,_,,..,,..., ,- 1 CONTRACTOR's Responsibility LS Bonds,_ ............................................. I to ReporL Preliminary• Schediles, L9 Change Order_--, ............. 1 Delivery of Certificates of 1.10 Contract Documents_- 1 Insurance _ -. 3-4 1.11 Contract Price .......... ......... _- ._.._...1 2.S PreeonstructiunConference ._4 1,12 CantractTimes,... ................... ._ ..... 1 29 Initially Acceptable Schedules_ _._..4 1,13 CONTRACTOR ......................... _.....1 1,14 *feerhy ................. ............................. 1 3. CONTRACT DOCIMENTS. INTENT, 1,15 Ihawings. ......... __ .... _ ---) AMENDING, REUSE'_ _ _. _..... 4 Lib Effective Date of the Agreement_ 1 3.1-32 intent _ _ 4 1.17 ENGINEER, „ .. 1 3.3 Reference to Stundards and Speci- 1.18 ENGINEER's Consultant,., ,._,.,.,. „__I fications ofTechnical Societies; 1,19 Field Order ....................... . -__.l Reporting and Resolving Dis- 1.20 General Requirements ,,,,,,,,,,,,,,,,,,,,,,,,,2 crepancies................................. 4.5 1 1-1 Hazardous Waste 2 3A Intent of Certain Terms or 1.22.a Laws and Regulations; Laws or Adjectives........ I............................5 Regulations_,__ ......................_.......2 3.5 Amending ContractDocunents._..._.5 122.b Legal Holidays ..... __......,...._....__.._-_2 3.6 Supplementing Contract 123 Liens .... ............ ... ........ 2 Documents- ..... ..... ......... __._5 L24 Milestone.._ ............... _._....... __ 2 3.7 Reuse ofDocumcuts. ...._....._...._..5 1.25 Notice of Award 2 1.26 Notice to Proceed ................................ ? 4- AVAILABILITY OF LANDS, 1.27 OWNER ................... .__..._..-.....____2 SUBSURFACE AND PHYSICAL CONDITIONS; 128 Partial Utilization 2 RFiFF.RENCE POINTS 5 1.29 PCBs .................. .................... .._...,.-2 4.1 Availability of Lands ............... ..... 5-6 1.30 Petroleum „_.- ............ ...__._--._......-2 42 Subsurface and Physical 1.31 Project Conditions.._...i. 1.32.a --------- ....... .---------------- ...........2 Radioactive Meserial ............................2 4.2.1 ... Reports and Ihawngs...................... 0 1.32E Regular Working Hours,,,,,,,,,,,,,__..._. 2 4,12 Limited Reliance by CONTRAC- 1.33 Resident Project. Representative,,,.,,-, .2 TOR Authorized; Technical 1.34 Samples ............................ .........__._il Data ..... ......__.............................6 1.35 Shop Drawings........ ...._.............._..... 2 42.3 Notice of Differing Subsurface 1.36 Specifications ..................................... 2 or Physical Conditiuns.......... ........ 6 1,37 Subcontractor ... -- ........... --- .............2 4.14 ENGINEER'sReview ............ ,,,,,,,,„,6 1.38 Substantial Completioq ....................... 2 4.2.5 Possible Contract Lktcuments 1.39 Supplementary Conditions„-...... __2 Change_._ ................_- .._ ..6 1.40 Supplier, .................. , ..... 4.2.6 Possible Price and Times 1-41 Underground Facilities, .............. ....... -3 Adjustments ............._._.......-_..r7 1.42 Unit Price Work. ......................... ...... 3 4.3 Physical Conditions --Underground 1.43 Work........................................... ......3 Facihtics,............ .......................... 7 1.44 Work Change Dircctive,,,,,,,,_,,........ ,.3 4.3.1 Shown or Indicated _........ ...... ,... 7 1.45 Written Am endment ....... .............. . _3 4.3.2 Not Shown or Indicated ... ......... 7 4.4 Reference Points 7 ii EKW.. (ENFRAL CONDITIONS 1910.8 (199a U)MON) wt CITY OF FORT C011INS MODIFICATIONS (REV 9f99) Article or Paragraph Page Article or Paragraph Pace Number Y'Iitle Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON- 118zardous Waste or TRACTOR's Review Prior Radioactive Material ....... ........... ,?-8 to Shop Drawing or Sample Submittal t 6 5. BONDS AND INSURANCE ................................. 8 6,26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bonds _ ..............._... ...... ............... ,. 8 6-27 Responsibility for Variations 53 Licensed Sureties and Insurers; From Contract Documents ,_ 17 Insurance Certificates of ............. .... .... 8 6.28 Related Work Performed Prior 5-4 CONTRACTORsLiability to ENGINEER's Review and Insurance, ......... .......................... nsurance..................................... Approval of Required 5.5 Ot1`NER'sLiability Insurance ..... .... ..... Submittals.._.-......___.. ..__..17 5.6 Property Insurance ... ....... ............. .9-10 6.29 Continuing the Wor).._._..__.__. 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tionalProperty Insurance ............ _..Ill Warranty and Guarantee 17 5.8 Notice of Cancellation Provision 10 6.31-6.33 Indemnification 17-18 5.9 CONTRACTOR's Responsibility 6,34 Survival of Obligations...................18 for Deductible Amounts lti 510 Other Special Insurance ...... ..,,._.,._10 7. OTIIERWORK... 5.11 Waiver of Rights- ................ __.......... 11 Ti-7.3 Related Work at Site ... ... _18 5.12-5 13 Receipt and Application of 7.4 Coordination - 18 Insurance Proceeds 10111 5,14 Acceptance of Bolds and lnsa- 8. OWNER'S RESPONSIBILITIES ........................ ) 8 ance; Option to Replace ...... ,- , -...11 8 1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR., .... _ ._.._.. __ _ 13 Insurance ...... ...................... ............11 S.2 Replacement of ENGINEER ......... ...IS 8.3 Furnish Data andPay Promptly 6. CONTRAC.I'OR'S RESPONSIBILITIES __..........11 When Due..................................18 6.1-6 2 Supervision and Superintendeneq ....... 11 8.4 Lands and Easements. Reports 6.3.6.5 Labor, Materials and Equipment,-, 11-12 and Tests„ _ _ 18-19 6.6 Progress Schedule,_._„_,,,,,,,,,,,,,,_._..12 8.5 Insurance...._..._ 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders_.,_._ 9 CONTRACTOR's Expense; 8.7 Inspections, 'Tests and Substitute Construction Approvals... ................................ 19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINI ER'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 Responsibilities._._...-., _..__..,..19 6,12 Patent Fees and Rnyalties.................. 14 8,10 Asbestos PCBs, Petroleum, 6.13 Permits ............... _.14 Hazardous Waste or 6.14 laws and Regulations., ........ ............ i4 Radioactive Material_ 19 6.15 Taxes,, _ ,,,,,,,,,,,,,,,,,,,,......... ....... , 14-15 8.11 Evidence ofFinancil 6.16 Use ofPremisers. .......... ................. __15 Arrangements.. _..........__............19 6.17 Site Cleanliness.,... I.. I .... ...._.............. 15 6,18 Safe Structural Loading .................. ..15 9, ENGINEER'S STATUS DLi MNG 6.19 ReeordDocumants......... ._.................15 CONSTRUCTION.......... ................. .......... 19 6,20 Safety and Protection ------ .__,,,-„„-15.16 9.1 OWNER's Representative,___._ 6.21 Safety Representative ........................16 9.2 Visits to Site. ,........... _.................. ­19 19 6.22 Hazard Communication Programs .. .... 16 93 Project Representative..._ ....... ..ly?1 6.23 Emergencies_.....,,,,,, ,,,; 16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Sample*..............16 cations........................................ 2l 9.5 Authorized Variations in AWk. ..... -21 ai E)CDC GENERAL CONDITIONS 1910-8 p 990 EDI.1101,J) w! CITY (&' FORT COLONS MODIFICATIONS {REV 9/99) The Contract Documents and Construction Drawings may be examined online at: 1. City of Fort Collins BuySpeed: 'isp 2. Mercury-LDO Reprographics: www.mercury-1do.com Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be viewed and purchased at: 1. Mercury LDO Reprograhics: • FORT COLLINS: 422 S. Link Lane, Ft. Collins, CO 80524 Ph: 970-484-1201, Fax: 970-221-0404 • ENGLEWOOD: 9632 E. Arapahoe, Englewood, CO. 80112 Ph: 303-790-7169, Fax: 303-792-2936 • DENVER: 860 Bryant Street, Denver, CO. 80204 Ph: 303-893-8701, Fax: 303-893-0617 • COLORADO SPRINGS:11 E Las Vegas, Colorado Springs, CO. 80903 Ph: 719-231-8121, Fax: 719-633-5710 • LODO: 1660 Wynkoop Ste. 130, Denver, CO. 80202 Ph: 303-785-2520, Fax: 303-785-2522 • BOULDER: 2575 Pearl St. Unit C., Boulder, CO. 80302 Ph: 303-539-1350, Fax: 303-539-1356 2. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. Construction Document Ordering Instructions (Download a complete P1anWell 4.0 Ordering Guide from www.planwell.com) 1. 2. GO TO: www.mercury-ldo.com SELECT: Denver Links: "Plan Well" rl 07/2001 Section 00020 Page 2 Article or Paragraph Number & *1 itle 5. 6, Page Article or paragraph Rage Number Number & ride Num her 4.5 Asbestos, PCBs, Petroleum, I lazmdous Waste or Radioactive Material ...... ........ 7-8 BONDS AND INSURANCE ... ...... .......... 5.1-5.2 Performance, Payment and Other Bonds ................ 8 53 Licensed Sureties and Insurers; Certificates of Insurance.... ............. .. S 54 (_ONTRACfOR`s Liability Insurance .................................. _9 5.5 OWNERs Liability Insurance ..... 11- ... - 9 56 Property Insurance......_ ..... .......... 9-10 5.7 Boiler and IMachincry or Addi- tional Property lnsoranoe ........ ....... JO 5,8 Notice of Cancellation Protision ... 10 5.9 CON'TRACTORs Responsibility for Deductible Amounts.1.1 ... ­1 1110 Other Special Insurance.... .- ... ........ 10 Waiver of Rights_ ............. .... ...... -.11 5,12-5,13 Receipt and Application of Insurance Proceeds .....................10.11 5.14 Acceptance of Bonds and Ins%- ancet Option to Replace ...... ... ......... 11 5.15 Partial Utilization -Property Insurance, ......................................11 CONTRACTOR'S RESPONSIBILITIES ...............11 61-62 Supervision and Superinteridenci; ..... _ 11 6.3-65 Labor, Materials and Equipment.- 11-12 6.6 Progress Schedule, , ..... .... 12Z 6.7 Substitutes and "Or -Equal" Items; CONTRACTORs Expenft; Substitute Construction Methods or Procedures. ENGINEERS Evaluation ... __ ... 1243 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights-,_ ................... )3-14 612 Patent Fees and Royalties ................ ... 14 6.13 Permits-.._.._......._.__ 6.14 Laws and Regulations ........................14 6.15 Taxes .... ... .... ......... _ ....... 14-15 6.16 i Use of Premises ................................ 15 6.17 Site Cleanliness ................................ 15 6,18 Safe Structural Loading .....................15 6,19 Record Documents_.--- .... .................15 6.20 Safety and Protection-_ . - _ . ....... .... 15-16 6.21 Safety Representative,-.--,_............ _J6 - Hazard Communication Programs.,,,,, 16 6.123 Emergencies .....................................16 6.24 Shop Drawings and Sample* .... .... 16 6.25 Submittal Promeduresi CON- TRACTOR's Review Prior to Shop Drawing or Simple Submittal 16 620 Shop Drawing & Sample Submit- tals Review by ENGINEER, 16-17 6.27 Responsibility for Variations. From Contract Documents 17 6.28 Related Work Performed Prior to ENGINHER's Review and Approval of Required Submittals.. 17 629 Continuing the Work 17 6.30 CONTRACTORs General Warranty and Guarantee, 17 6,31.6.33 Indemnification, 634 Survival of Obligations ........ .......... 18 7 OTHERWORK 7.1-7.3 Related Work at Site 18 7.4 Coordination, 18 9, OWNER'S RESPONSIBILITIES ........................ IS 91 Communications to CON- TRACTOR _ is 8.2 Replacement of ENGINEER ..... ...... IS 8.3 Furnish Data andPay Promptly Alien Due ___ ...................... __18 84 Lands and Easements: Reports and Tests-, - 18-19 8.5 Insurance„_._____....___ . ...... 8.6 Change Orders.....__.-_ 83 Inspections, Tests and Approvals ........... ....................... 19 8.8 Stop or Suspend Work'. Terminate CONT RACTORs Services ... 19 8.9 Limitations on OWNER'S Responsibilities ...... 1.1 r I - ......... 19 8,10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .............. 19 8.11 Evidence of Financial Arrangements.................. _19 9. ENGINEER'S STATUS DMILNG CONSTRUCTION........ ... ....... .... ... 19 9.1 OWNEWs Representative....__....... 19 9.2 Visits to Site......,,__._ 93 Project Representative,,,... ... 19-21 9.4 Clarifications and Interpre- tations._ 21 9.5 Authorized Variations in XMrk . ..... 21 iri E-W-W MNFRAL COMMONS 1910-8 (1990 RX110N) w/ CITY OF FORT COMMSMODIFICAMNS (RFV 9199) Article or Paragraph Page Article or Paragraph Number JL I isle Number Number & Title 96 Rejecting De�lecfive Work , _ . . ___ 21 0 7-99 Shop Drawings, Change Orders and Payments.._.....,....._ .............21 9 to Determinaticris for t'nit Prices 711 22 9,11-9 12 I)ccisions on Disputes, ENGI- NEER as Initial Interpreter, 9,13 Limitations on ENGINEER's Authority and Responsibilities, 224-23 CHANGES IN"[1-11' WORK . ...... 1 23 fit I OWNEK's Ordered Change ......... ..... �23 14, 10.2 Claim for Adjustment 103 Work Not Required by Contract Documents_.,....__ 23 14.) 4 Change Orders. 23 10.5 Notification of Surely 23 CHANGE OF CONTIZACr vRici, 11 1-11 3 Contract Price, Claim for Adjustment. Value of the Work ...... ... 2324 11A Cost of the Work .......... ..... 24-25 11.5 Exclusions to Cost of the Work. 25 11 6 CONTRACTOR's Fee ... 25 113 Cost Records..,........_-._ 25-26 11.8 Cash Allowances ..... 11.9 Unit Rice Work 26 CHANGE OF CONTRACT TIMES.. ..... .... 121 Claim for Adjustment. 12.2 Time of the Essence 26 U. 3 Delays Beyond CONTRACTOKs Control ......... _1 .... . .... 112.4 Dclayit Beyond OWNER'sand CONTRACTORs Control ...... TESTS AND INSPECTIONS. CORRECTION' REMOVAL OR ACCEPTANCE OF DEFECUEE WORK ....... 27 13.1 Notice of Defect% .......... .......... ...... 27 13.1. Access to the Work, 227 1333 Tests and Inspections, CONTRACTOWs Cooperation-...._. 1-7 13.4 OWNEIRs Responsibilities; Independent Testing Laboratory ....... 27 13.5 CONTRACTORs Responsibilities- _ .. ...... _ .. ..... 13.6-137 Covering Work Prior to Inspec- tion, Testing a Approval„___ ... . .... 27 13.8-119 Uncovering Work at ENGI- Page Number NEFR's Request..... _........... _ 7-28 13.10 OWNER May Stop the Work ........... 28 13.11 Correction or Removal of Defective WoTk .......... I ... I ........ .... 28 13.12 correction Period ...... ... ........ __ 28 13.13 Acceptance ol[Defeclive Work .... .... 28 13,14 OWNER May Correct Defective Work __ _ ................... 28-29 PAYMENTS TO CONTRACTOR AND 14.1 Schedule of Values.._ ....... ....... _29 14.2 . Application for Progress Payment.__..._ .... ___ ...... ....... 29 143 CONTRACTOWs Warranty of Title ...........................................29 14.4-14,7 Review of Applications for Progress Payments - �.., .... ­1 ... 1-9-30 14.8-149 Substantial Completion ............ ...... 30 14.10 Partial Utilization ... _.__ ........ _30-31 14.11 Final Inspection ........ ............ 1 ­31 14.12 Final Application for Payment ........ 31 14.13-14-14 Final Payment and Acceptance ... 1­131 14.15 Waiver of Claims, . . ......... __ --- 31-32 15. SUSPENSION OF WORK AND TERMINATION ........... __ .................... ............ 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNERMay'rcrminatc..., 15.5 CONTRACTOR May Stop Work or Terminate ................. 32-33 16 DISPUTE RESOLUTION ..................................33 17. MISCELLANEOUS ....... ........... ......... _ ......... _33 111 Giving Notice ........ ......... .... _ 33 IT2 Computation of Times ...................33 173 Notice of Claim .......... I ... ­­1 .... 33 17.4 Cumulative Remediesk .................. _33 17.5 Professional Fees and Court Costs Included ............... ...... _33 IT6 Applicable State Laws,_, ........... 33-34 intentionally left blank....................................... EXHIBIT GC -A: (Optional) Dispute Resolution Agreement .....................GC -Al 16.1-16.6 Arbitration ........ _ _ ....... __GC -Al 16.7 Mediation......._ ............... ...... !3C-Al LJCDC GrXffLALCONDITIONS 1910-809" M-1710N) w/C.ITY OF FORT C01JJNS MODMCAMNS (REV91991) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General ('Onchfions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insunince......., 5.14 dq .petive Work 10 4 1, 13 5, 13.13 final Payment- 912, 1415 insurance-, ... ..... ...... .... .. ..... . .. 14 other Work, by CONTRACTOR Substitutes and 'Or -Equal' Items' 671 Work by OWNER 6 lo 634 Access to the__ Lands. OWNER and CONTRAC-FOR responsibilities._., .......4.1 site, related Work.........___...._..- ....... ... . ....... T2 Work, ..... .... 13 1 1314, 149 Acts or Omissions--, Acts and Omissions_ CONTRACTOR 69 1,0133 HNGINPlik 6 20, 9 133 OWNTH R 6.20, 8.9 Addenda --definition of (also see definition of Specifications)._.. (16, 1.10.6.19). 1.1 Additional Property Insurances ........................... 51 Adjustment -;- Contract Price or Contract Times ..............1.5.3.5, 4.1. 4.12, 43.2 .... 4.53, 9.4, 95, 1 o 2-10.4, ­­ ....... .. ­11, 12, 14,8, IS 1 progress schedule, ...... .... ..... 66 Agrccm ent-- definition of ............................................. ........ i 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, 5A4 66.2 ............ I ....... .... 4 .8.2, 10A, 11.2 12.1, 13122. 14,72 Appeal, OWNER or CONTRACTOR intent to ........... _9. 10, 9.11, 10.4, 16,2, 16.5 Application for Payment -- definition of......................................................1.3 ENGINEFRs Responsibility ............................... 9.9 final payment ---- ...... ..... 9.13.4,9A33,14,11 14 15 in general.........._... .... .... 2.8, 2,9, 5.6.4, 9. 10, 15.5 progress payment..,.,,._......1­1­ .......... - .... 14.1-14.7 reV'0W Of ...... ­11111--­1 _ 14.4-143 Arbitration ....... ............ __ ............. ...... 16.1-16.6 Asbestos— claims pursuant thcretp, ........... _4_5.2.45.3 CONTRACTOR authorized to stop Work,,.. . .4.5.2 definition of...___ ......... .... ......... ... 1.4 Article or Paragraph Number ONVM-'R responsibility for,. _4 5.1, 8.10 possible price and times change .... .......... ­­1­4.5.2 Authorized Variations in Work- .... �3.6. 625, 6.27, 9.5 Availability of Lands A. 1, 8.4 Award, Notice of --defined ...... . ............ 125 Before Starting Constructim, .... ...... .......... ... I ... Is - _18 Bid --definition of„-..1.5(1 1, 1,10,13,33, 4.2 6-4. 6.13, 11.4.3, 11.9. 1) Bidding Documents --definition of ......... J.6 (6.8.2) Bidding Requirements --definition of ....... 1­1 ....... __ ....... ...... 1 7 (1.1, 4 2-6,2) Bonds -- acceptance of - 5.14 additional bonds 11.4.5.9 Cost of the Wvrk,. ......... ........... . 11.5.4 definition of 1.8 delivery of,,,,,,,..,,,_,,, .............. ........ 71, 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.. 11.38, 6.30.2,3, _14.8, 14.10 Certificates of Inspect ion. 9.13.4, 13.5, 14.12 Certificates of Insurance 17. 5.3. 5AA1. 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 ....... . _ 93. 9,11, 10.2. 10.5, 11.2. 13.9, ........ ­ ........... .J3.13,13,14,143,15A, 15.5 CONTRACTOFVs fee .........................................11.6 Cost of the Work general., ........ ....... .. . ... 11.4-11.7 Exclusions to 11.5 Cog Records in general .... ...... 19, 1 A4, 91 .10.4.2, 10,43. 11 Lump Stan Pricing ...... _ ................................. 11-3.2 Notification of Surety ... ....... ...... ....... _.M5 Scope of, ...... ........ ................... JO.3-10.4 Testing and Inspection, Uncovering the Work ......... ___ ............... ... 13.9 Ejcw (,ENtxAL coNwnom igio-it og" Eornoto w/ CITY OF FORT MLLM MODIFICATIONS (AEV 91") 1_7nit Price Work 11.9 Article or Paragraph Number Value of Work. Change in Contract'rimes- ('laim for times adjustment ........ 4,11 42.6. 45, 5.15, ... &8.2, 9.4, 9,5, 911, 10,2, IV5, 12.1, _ ............13 9, 13,13, 13 14, 14.7, 15,1, 15.5 Contractual time iimitg ___._..12.2 Delays beyond CONTRACTOR's control_ . .- ........ _..... _ __.. -.)2.3 Delays beyond OWNER's and CONTRACTORscontrol........ _...- ._......12.4 Notification ofsurety ..... _... _ .... ........... .... 10,5 Scope of change..... _ _ . .........10.3-10.4 Change Orders-- AcceptanceofDefective Work___,,. ---13-13 Amending Contract Documents ...........................15 Cash Allowances 11.8 Change of Contract Price.___..-_ _...._.........11 Change of Contract Times.,,,,,-, __.._-_.........-lam Changes in the Work .__........_-._..-..._-...._....JO CONTRACTOR's fee........................................11.6 Cost of the Work- .............. ..._.. .............. 11.4-11.7 CastRecords........._ ................ ........-.._...._.,.11.7 definition of ..................... .............. ..... ............. .1.9 emergencies...................................................0.23 ENGINEERs responsibility--- .... 9.8, 10.4, 11.2, 12.1 execution of......................................................10.4 Indemnifiction,,,,6.12, 0.16, 6.31-6.33 Insurance, Bonds and. -.-_,,, ... 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-- ........... -.1,,,,,,,,,,,,,,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 sway. .......... ...... _.... -... .-...... ....10.5 OWNER's and CONTRACTORS responsibilities ......... ... ............ ____ ...... ..... 0.4 Right to an adjustment..... Scope of change.___ ....... ........ ....... 103-10A Claims -- against CONTRACTOR.......... „_ .................. _.6.16 against ENGINEER..._ .................. _............... 6.32 against OWNER.........................._...................0.32 Change of Contract Prie n............... _.......... 9.4, 11.2 Change of Contract Times,,,,,,,,,,,,,,,,,,,,,,,,, 9.4, 12.1 CONTRACTORS-....-.- ----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 h CM, FRACI OR's Fec 116 Article or Paragraph Number CONTRACTOR'S habihty„- ..... -.5.4, 6,12, 6,16, 631 Cost of the Rork _ _ l 1 4, 11.5 I)ecisions on Disputcs,,,.,._............ ,- ........ 9.11, 9.12 Dispute Resoluuon .... .... ...... ,..... .--_16.1 Dispute Resoluticxr Agreement „........... _,... 16-1-16.6 ENGINE -ER asinitial interpreter. ...... _ . _.._.-_.9,11 Lump Sum Pacing _ _ ... _ _ 11.3.2 Notice of 17.3 Oib'NFRs.,,,,.... ... 9.4, 95,9,11, 102, I1,2, 11.9 12.1. 13.1), 13.13, 13.14. 17.3 01y'NER's liability .... _... 55 ONNNIER may refuse to make payment__, Professional Fees and Court Costs Included__ _ _ __......_. _ _ ITS request for formal decision on ......... ....._............ 9.11 Substitute Items 6 7.1.2 Time, Extension _ __- .. _ .,---._ 12.1 Time requirements _.... _ ... ......... _ ... .9.1 L 121 Unit Price Work 11,9-3 Valueof........................._......._.......................1,13 Waiver of -on Final Payment ................ 14.14, 14,15 Work Change Directive.-___..._....__...__...__._.10-2 written notice requirecJ.,9.11, 11.2, 12.1 Clarifications and Interpretations-, .. 3.6,3, 9A. 9.11 Clean Site . _ ... _ _ _. _... _. .. _ .. _ 6.17 Codes of Technical Society, Organization or Association....._............._............................3.33 Commencement of Contract Timer _13 Communications -- general .............. ....... ......6.2, 6.9.2, 8.1 Ilazard Comm unication Programs_ ............ ....6.22 Completion -- Final Application for Paymeal ..........................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.___ J 4. 13 Computation of Times ............ _......... -.._.._17,11-17.2 2 Concerning Subcontractors, Suppliers and Others .................._ _..._-._....6.8-6,11 Conferences -- initially acceptable schedules, _-, _. _„ _,,,,,,,._ _., _ _.19 preconstruction..................................................2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report ...... ......_..... _ . _. 2.5, 3.3.2 Construction, before starting by CONTRACTOR ........ ...... 2, 5-17 Construction Machinery, Equipment, etc, ...... ,,,........ 6,4 Continuing the Work ........ ...... ..................... 6.29, 10.4 Contract Documents - Amending.........................................................3.5 Bonds.- ........__ .__.._.. _-._........_...._.__._.,.5.1 FJCiX' CIENFR.AL CONDITIONS 1910-8 (19" WITION) wl CITY OF FORT C(N,i- M MODIFICATi ONS (RGV 9?99) Cash Allowances jig Article or Paragraph Number Change of Contract Price ............... I .................... 1 I Change of Contract Times Changes in the Work.................................lil.4-105 check and verify ............. .._...... _._....__ ....__.2.5 Clarifications and Interpretations.......-_,,,.,.._.,_.,,12. 3.6, 9A, 9 11 definition of ........... _........... ..................... ..1.10 ENG[NEER as initial interpreter of _ „----.,,9,11 ENUINEER as OWNER'S representative..............9.1 genera]3 Insurance_..... ..._........ ........_..._........-..___ 53 Intent _...._.,._-......... ....._........3.1-3.4 ................. minor variations in the Work._ .................. .3 6 OWNER's responsibility to furnish data ...... ___ 8.3 OudNFR's responsibility to make prompt payment . .......... ....._..- 83, 14A. 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 Reuse of .....-_..... _3.7 Suppl ern enting................... ....... _.......-....., .... _ .. 3.6 Termination of ENGINEER'SEmplo}mlent .._. K2 Unit Price Work...............................................I1.9 variations... .... ...................... __;3.6, 6.23, 6.27 Visits to Site, FNGINEBR s._. _ _ . _ _ ._...... _. 9.2 Contract Price - adjustment of., 3.5, 4.1. 9.4. 10.3, 11.2-1 L3 Change of ....................... ...I 1 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 Corn mencement 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,,, .......... __ ......... 0.-9.2 definition a( .....................................................1.13 Limited Reliance on Technical Data Authorized.._............._.._.................4.2.2 May Stop Work or Terminate ....... .............. ...... IIS'S provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7.2, 13.2 Safety and protection-, 43.1.2, 6.16. 6.18, ..................................... 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal, .......... ....... _ ........ .......... 6, 25 vii Stop Work, requirements _ _ _ 4 4 2 CONTRACT"OR's-- Article or Paragraph Number Compensation .__ _ 11.1-11.2 Continuing Obligation_ ...... ........... ......... 14,15 Defective Work ...... 9.6. 13.10-13.14 Duty to correct tfective Work_ . _.- ..... 1311 Duty to Report -- Changes in the Work caused by Emergency- _ _.. . _...6.23 Defects in Work of Others..............................73 Differing conditions ....... .... . .. .._...._ 4,23 Discrepancy in Documents, .......2 5, 13,2, 6.14.2 Underground Facilities not indicated. ........4.3.2 Emergencies.-_ __ 623 Equipment and Machinery Rental, Cost of the Work ......................................... J 1.4.5.3 Fee --Cost Vlus... _. .-11 4 5 6. 113.1, 11 6 General Warranty and Guarantee 6;3t1 Hazard Communication Programs.,,._...,__. ....6,2: Indemnification..__..._ .. ....... -6.12, 6.10, 6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and F.quipmen4....................6.3-6.5 Laws and Regulations, Compliance by ......... ..,6.14,1 Liability Insurance_ _............................. 5.4 Notice of intent to Appeal ,,,,,,,,,,,,,,,,,,,..... 9,10, 10A obligation to perform and complete theWork....................................................6.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,, 6.12 Performance and Other Bonds „ _ 3.1 Permits, obtained and paid for by ... ........_......... 0.13 Prugress Schedule,..,.,._....._...........Z6, 2.8. 2.9, 6.6, ...... .............._.........-........6.29, 10A, 15.2.1 Request for formal decisionon disputes,,,,, 9.11 Responsibilities -- Changes in the Work ......................._....._ 10.1 Concerning Subcontractors, Suppliers and Others........_ ........................... 6.".11 Continuing the Work .... ........ .........„_.6.29, 10.4 CONTRACTOR'S expense...........................0.7.1 CONTRACTOR'S General Warranty and Guarantee ....... ......... __.__........-_.6.30 CONTRACTOR'S review prior to Shop Drawing or Sample submittal ... .............. Coordination ofWork........_....._...............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........................................61 7.2, 7.3, 8.9 Hazardous Communication Programs ..... -.... 6.22 Indetnni ficatim...................................6.31-633 U)CDC GLNERAL COMAMNS 1910.8 0 "0 EDIl70N) wJ CITY OF FORT MI.LINS MODIFICATIONS (RF.Y 9i99) Labor, Materialsand Equipment Laws and Regulations 6.14 Liability Insurance. ............. 5.4 Article or Paragraph Number Notice of variation from Contract Documents 6.27 Patent Fees and Rcwalties............._,___.......-.6.1^_ Permits _...._ . __._....._........_..0-13 ProgressSchedule 6.6 Record Documents 6.19 related Work performed prior to ENGINEWs approval of required submittals.- ......... .. ... _...6.28 safe structural loading ...6.18 Safety and Protection __- 620, 7.2, 13.2 Safety Representative_. Scheduling the Work.................................6.9.2 Shop Drawings and Samples __.__.._....624 Shop Ihawings and Samples Review by ITGINEER 6.26 Site Cleanliness -- _ _ __-..617 SubmittalRocedures-,,,,,6.2,5 Substitute Construction Methods and Procedures._......................__....._672 Substitutes and "Or -Equal" Items.,,._...,.,,-„ 6.7.1 Superintendence. _._..... ..._........................0.2 Supervision_ _. .............__.....61 Survival of Obligations .......... ...................... 6,34 Taxes.........................................................6 15 Tests and Inspections .. _.... _..._.... 13.5 To Report _.........___ ........... .... ...... ...... ._ 23 Use of Premises6.16-6.18,6.30.2.4 Review Prior to Shop Drawing or Sample Submittal.........................................6.25 Right to adjustment for changes in the Work ..... 10.2 Tight to claim... ...... 4, 7.1, 9A, 9.5, 9.11, 10.2,11.'_-, _,11,1_-11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection .......... ...... 6.20-6.22, T2, 112 Safety Representative . ..._...................... 6.21 Shop Drawings and Samples Submittal;.. ... 6.24.628 Special Consultants__,_... 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 Tares, Payment by....... .......... __.................6,15 Use of Prem ises, ,...... _.... _ . _ . ........... 6.1 &6.18 Warranties and guarantees._......................6,5, 6.30 Warranty of Title ................ 34.3 Written Notice Required -- CONTRACTOR stop Work or terminate --„-..15.5 Reports of Differing Subsurface and Physical Conditions_....................4.2.3 Substantial Completion_ ._. ..... .... _........ 14.8 VM CON I' RAC'I't )RS--other. Contractual Liability Insurance. ConVactual Time Limits, Coordination-- 5A_ 10 Article or Paragraph Number CON'fR=AC'1'OR'sresponsibility. ........ .-_ .6.9.2 Copies of Documents.....__.......... '-'- Correction Period . .. ........... ......... .... .13. ]2 Correction, Removal or Acceptance of Defective Work— in general...................................10A.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]1.7 Cost of the Work— Bonds and insurance, additiotlal,,,,,,,11.4.5.9 Cash Discounts_ ................. ..................... _j 1.4.22 CONTRACI'OR's Fee ...... _................._-.„_.. _ 11.6 Employee Expenses. L4.5.1 Exclusionsta.,....-..._................ ..........__...-...,11.5 General 11.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages, .................................... 11.4.5.6 Materials and equipment.._......._....._ _...._- 11.42 Minor expenses ................._............ 11.4.5.8 Payroll costs on changes, ............. ..................11.4.1 performed by Subcontractors ....... .................. ...1,4.3 Records113 Rentals of construction equipment and machinery_._. ... _..... ..... ...... .......... .31.4.5.3 Royalty payments, permits and license fens_ ................11.4.5.5 Site office and temporary facilities,-„_,-..„.., l L4.5 2 Special Consultants, CONTRACTOR's............ 31.4.4 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. . .... ....... _ ... ......... _IL4.1 Covering Work._........................ ....... ......... 13.&13.7 Cumulative Remedies .............. _ _-............-,,, _ 17,4.17.5 Cutting. fitting and patching,...... _.......,...I ............... 7:2 Data, to be furnished by OWNER_ - .................. ......... R3 Day —definition of . ....... .......... .................. ........... ,17.2.2 Decisions on Disputes ...... ............ ............ ,..... 9.11, 9.12 defecthy--definition of_ ........ .......... ........ ......._...1.14 dejectiva Work— Acceptance of, ................ ......................10.4.1, 13.13 EKixD aE13Em CONurnONS 1910 -3 (19% EDITION) w/ CITY OF FORT COII MS MODMCATIONS (RFV 91") Correction or Removal of I i1A 1, 13-11 Corrcction Period .,_..,1112 in general .... ............... , ............_.....13. 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ............ .................... 9.2 OWNER May Stop Work...__, Prompt Notice of Defects._ ... _. _ . ........_13 i Rejecting....... _........... ...... .....96 Uncovering the Work - _.. .. Definitions ...- Delays ..............._........,.....,4 1, 6.291 12.3-12.4 Delivery of Bonds, . ..... -.. .............1 Delivery of certificates of insurance...... _ ..... _ . _..... 2 7 Determinations for Unit Prices _. ........ Differing Subsurface or Physical Conditions -- Notice of...... ....._....4.2.3 FNGINEFXs Review ....._.................. ............ .4.2.4 Possible Contract Documents Change, ..... - Possible Price and Times Adjustments 4 2 6 Discrepancies -Reporting and Resolving..___ ........ _..2,5, 112,6.14.2 Dispute Resolution -- Agreement .... ................................... ......... 16.1-16.6 Arbitration........._,.. _ _..._.. .. ---__ ,.._ 16.1-16.3 generall6 Mediation...... _........ ................. 16.6 Dispute Resolution Agreement _. _- ..16.1-16.6 Disputes, Decisions by ENGINFER ..................9.11-9.12 Documents -- Copies of 2.2 ... ._. Record 6.19 Reuseof ..............._........ _,.._ .................-....... 3.7 Drawings --definition of .... ........ .......... L 15 Easements................._..........................................4.1 Effective date of Agreement -- definition of .............J.16 Emergencies_ ............ ............_......_ 6.23 ENGINEER - as initial interpreter on disputes,,,,,,,,,_ 9.11-9.12 definition of 1.17 Limitations on authority and responsibilitic.j,.... 9,13 Replacement of,,,.... _._.................. ................... 8.2 Resident Project Representative.,,_..,_.._ ..9.3 ENGINEER's Consultant -- definition of ....... l8 ENGINEER's-- authority and responsibility, limitations can.. _.....9, 13 Authorized Variations in the Work_ .......... 9S 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.... _. _.................0.7.3 Liability ....... ........... ........ I ... -............. ....... 6.32, 9.12 Notice Work is Acceptable..._ .......... ..... ..._... 1413 Observations...........................................6.30.2, 9.2 OWNER'sRepresemstive__.. Payments to the CONT RACTOR, Responsibility fur . .............. ............ ........ 9.9, 14 Recommendation of Payment .............. _ .. _14A, 14,13 Article or Paragraph Number Responsibilities --Limitations on.,,_,, .......... 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ,...... ............ ........_ Shop Drawings and Samples, review responsibility 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 F,NGINF,F.R's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities__, ._9.13 OW'NER's Representative ..... _. ....... _.... .... 9.1 Project Representative,.-._-._-....-_ .......__...9.3 Rejecting DqJ chve Work ...... ........................ 9,6 Shop Drawings, Change Orders and Payment,_......_.. _........., 9.7-99 Visits to site .................... .................. . 9? 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, Cast of the Work _ 11.45.3 Equivalent Materials and Equipment„_ ...... _,,,,_,617 error or wnissions............. ............. ........................ 6.33 Evidence of Financial Arrangements_..,.,. _... ........ ...$.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 .......... ............. ........... ................. J 4.11 Final Payment -- and Acceptance-_.__„......14.13-14.14 Prior to, for cash allovences ........ -„-.......... ....... General Provisions..........................................17.3-17.4 General Requirements_ definition of ...... __ ..........................................1.20 principal references tq._........... 2.6, 6A, 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 Wasto-- defnitionof.....................................................J.21 general..... -........ .......... ... ...... .._..... 4.5 OWNER's responsibility for ............................... 8.10 E.KI)C OFNERAL CONDITIONS 1910.8 (1990 EDITION) wl CITY CND FORT COLLINS MODIFICATIONS (REV A''99) Indemnification .__.-..6.1? 6.16,6.31-6.33 Insurance.__..... .....__ _.. _... _ __..;.3 Initially Acceptable Scheduleq-_,....... _2-9 11reeedence.__..i 1, 3.3.3 Inspection-- Reference It).. ................ Certificates of. ....... . _._...............9.13.4, 13.5. 14.12 Safety and Protect ion ... ....... ......-. _ ...620, 13.2 Final ...... -.__.. _... ...-_14 11 Subcontractors, Suppliers and Others_ 6.8-6.11 Article or Paragraph Article or Paragraph Number Number Special, required by ENGINEER............_.........,9.6 Tests and Inspections..___..._....._._.. _._13.5 Tests and Approval ............ ............... 8.7,133-13.4 tlseofPremises-....,,_....,_.__ _..._.-_.._._.6,16 Insurance-- Visits to Site ..._........_...... _ _.__._ .............. R2 Acceptance of, by OWNER ...... ............ __....5.14 Liability Insurance -- Additional, required by changes CONTRAM'OR's............................................... ±A in the Work— ..._............._...................11.4.5.9 OIUNER's,.... _._................ ...... Si Before starting the Work .................................... 2.7 Licensed Sureties and Insurers.,.,.. __ Bonds and --in general, .......... .........,5 Liens— ... ........ Cancellation Provisicris._.. _.......... ........ 5.8 Application for Progress Payment _.... __ ___ l42 Certificates of ..... _..... .-...... 27,5,5.3,5.4-11,5.4,13, CONfRACfOR'sWaarantyofTnie__ _ 14.3 .............5.6.5, 5.8, 5,14, 9.13-4, 14,12 Final Application for Payment ........ ..................14.12 completed operations._.._.._....... ....__.....,5.413 definition of.,,. . _,......__. _ __ __ 121 CONTR4CToR's Liability__ .... .. .... -...... --5.4 Waiver of Claims ... . ... ..... ..__ .... 14 15 CONTRACTOR's objection to coverage„ ... _,..... 5.14 Limitations on ENGINEER's authority and Contractual Liability.... ..._....... ...... ._-.54.10 responsibilities ..... -..... ....-........ _.. _ 9.13 deductible amounts, CONTRACTORs Limited Reliance by CONTRACTOR responsibility .................5.9 Authorized .............................. ...... .........-_..... u.2 Final Applieaion for Payment_.,-_,,,,,,,,,,,,,,,,,, 14-12 Maintenance and Operating Manuals -- Licensed Insurers.-_.,.. .......... 5.3 Final Application for Payment 1.4.12 Notice requirements, material changes ........ 5.8, 10.5 Manuals (of others)-- OptiontoReplace, .___.. .......... . .... ...5.14 Precedence,....... ..-._...... __ .._. :33.3.1 other special insurances ................................ ....5AO Reference to in Contract Documents .............. ._3.3.1 OWNER as fiduciary for insuredq....... .......5.12-5.13 Materials and equipment-- OWNER'sLiability_,..- .5.5 furnished by CONTRACTOR 63 OWNER'sResponsibility......... 8.5 not incorporated in Work, _,,.......... _. _14.2 Partial Utilization, Property Insurance...............5.15 iatcrials or equipment --equivalent „_,., „ ..4.7 Property ............. .___ ...... .......... ___ .... ..... 5.6-5.10 Mediation (Optional).-_... .... ...... ._...... .......... __16.7 Receipt and Application of Insurance Milestones --definition of,,,,,,,,, , ...1.24 Proceeds..............................................5.12-5.13 Miscellaneous. - Special Insurance ....................---........ ......5.10 Computation of Times ........ ...... _....__._..._.... 7.2 Waiver of Rights,,,,_,._ ................... ....5.11 Cumulative Remedies_ ........... ...... _.._....,....... 17A Intent of Contract Documentg............ ......... ......... 3.1-3.4 Giving Notice..,,,,,,.., ..... ...... I .... ,,,..,..-...,,., ... .1Z1 Interpretations and Clarifitations .... .... __.-,,,,..3.6.3,9.4 Notice of Claim.__..................__..,_173 Investigations of physical condition;., ........................12 Professional Fees and Court Coasts Included,,.,.,._ 37.5 Labor, Materials and Equipment_ .... _........... , ._k.3-6.5 Multi -prime contracts .......... ........ ............ ...._..._.7 Lands— Not Shown or Indicated.,_-..._._,._, 432 and Easements............_ ........ ___ ....... ............... $.4 Notice of -- Availability of .... .......................... ........... ....4.1,8.4 Acceptability of Project_ ...... ...... ......,.........., ... 4.13 Reports and Tests.,., ........ ..,......... ........_......_,._. A Award, definition of... ...... ..-.._..., 1.25 Laws and Regulations --Laws or Regulations-- Claim ...... ............... .............._.......... .......... ..,17-3 Bonds ............. ....... ____ ...... ... ._............ 5.1-32 Defects.13.1 Changes in the Work ....... ...--- ................ ,..---- _104 Differing Subsurface or Physical Conditions. _,..4.2.3 Contract Documents .........................................3.1 Giving CONfRACTOR's Responsibilities... ..... ........... 6.14 Correction Period, defective Work ....................13.12 Tests and Inspections ...... .,........ ..133 Cost of the Work, takes...............................11.4.5.4 Variation Shop Drawing and Sampl¢............ ,..,4.27 definition of, ....... -............ .._- .... -......... -......... .1.22 Not ice to Proceed-- general6.14 definition of......................................................1 <G Indemnification ...... ._......................... ...... 6.31-6.33 giving of. ......... ....... .....- ........ ...... ..... ......... _23 CJCDC OENFRAL CONDITIONS 1910-8(1990 UATION) wl CITY OF FORT COMM MOD[FICATIONS (REV 9,1"1 Notification to Suretv 10's Observations, byIiNGlNlil:R 6.30,9.2 Occupancy of the Wok,,.,._.„_ S.15, 6.30.2.4, 14,10 Omissions or acts by CONTRACTOR... _.. _.. _6-9, 9A3 Open Poril policy form, Insurance ...... ,, Option to Replace ...... ...... ..................................... 5..14 Article or Paragraph Number "!h' Equal" Items__ ....__.......... ........ _....._..4.7 Other work 7 Overtime Work --prohibition of -.._....... ............. 6.3 OWNER -- ,Acceptance of de.Pent e Work .................... ....... 13,13 appoint an ENGINEER._._---_._.......................8.2 as fiduciary .... _.... ..... .... -.......,-...5.12-5.13 Availability of Lank. responsibility.,,_,-,_.,_ 1.] detinitionof_...._ _......_..:1•«7 data, furnish 8.3 May Correct D?fecrive Wok .......... _. ....... I ........ 13,14 May refuse to make payment 19 7 May Stop the Work.. May Suspend Work, Terminate_.._ _._ _. 1.8, 13.10. 15.1-15.4 Payment, make prompt ......... ............ $ 3, 14.4, 14,13 performance of other work,, ....... _ ............ ...... 7.1 permits and licenses, requirements,_„ .._... _..6.13 purchased insurance requirements.._ ...,_ - 5.6-5.10 OW'NER's-- Acceptance of the Work .,,, ...__., ._.. . b-30.2.5 Change Orders, obligation to execute,,,,., fi.6, 10,4 Communications ............................... .................. 8,1 Coordination of the Work 74 Disputes, request for decision,_,,,,, _.............. .I1 Inspections, tests and approvals_„ ..............8.7, 13.4 Liability Insurance_.. _.. .. __..,5.5 Notice of Defects..._ ............ . Representative --During Construction, ENGINEER's Status_.. -_,---- . ............_._....9.1 Responsibilities_ Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ............._ 8. IQ Change Orders ............................................. 8.6 Changes in the Wok.... ._.._.-....- ._.........10.i communications..._._........__..........-_.._._„8.1 CONTRACTORsresponsibilities, .......... ....._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 ENGL TERR ...................... .....0.2 reports and tests.. .., . 8.4 stop or suspend Wok_. .. _. ... ... �.8, 13.10, 15.1 terminate CONPRACfOR's services.._-_.. _ ... .........._.8.8, 15.2 separate representative at site ............ .................. P,3 testing, independent_...._.., _ 134 use or occupancy of the WcvSc ....................._.,a.15, 6.30.2.4, 14.1b written consent or approval required ....... .............. -.._. _ 9 1, 63, 114 EjcDc aENERAt, comrnoNs 1910 �3' t1990 rim-noro WICITY OF FORT COLLINS M0D11RCA*n N9 (RBV 9199) Article or Paragraph Number written notice required_ _ TI, 9 4- 9.11, 1 ? 119, 147, 1 i 4 PCBs -- definition of .1 29 general ..... .......... .......... ... ... ..... 4 4; OWNER's responsibility ftr -S.10 Partial Utilization -- definition of-- .1 28 general 030.2.4, 14.10 Property Insurance 5 15 Patent Fees and Royalties........._........_........_.,...... 12 Payment Bands 5 .1-5.2 Payments, Recommendation of. _14*14 7, 14 13 Payments to CONTRACTOR and Completion — Application for ProgressPayments. 14 2 - CMTRACTOR's Warranty of Title 143 Final Application for Payment__, ,,,,,,,,,,,,,__,,,,IA 12 Final Inspection 14 11 Final Payment and Acceptance 14 13-14 t4 general --- .... .. _ ......... .8,3, 14 Partial Utilization 14, It) Retainage............................. .............. ............ 1, 4 2 Review of Applications for Progress Payments......... 14 4-14 7 prompt payment.. Schedule of Values..., --- Substantial Completion__ 148-14,9 Waiver of Claims.............................................14A5 when payments due................................14 4, 14,13 withholding payment_._ ... .. . - - 14.7 Performance Bonds ­­ Permits 6.13 Petroleum -- definition of ...... ................ ............ ............ j.30 general..............................................................4 5 OWNER!s responsibility for. .. ...... ..$.10 Physical Conditions -- Drawings of, in or relating to... .... _ .... .. .4,21,2 ENGINEER's review . ..... ................ 4-2.4 existing structures, 422 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 ............. ........... ........... 4.21 1 Subsurface and,....-.-_.._..._..._...4,2 Subsurface Conditions.. ...... Technical Data, Limited Reliance by CONTRACTOR Authorized 2.2 Underground Facilities -- general................................. ...... ...... ...... :43 Not Shown or Indicaed 4.3_1 Protection of.........................................43, 6 20 Article or Paragraph Number Shown or Indicated._ .._..._ . ...... ..... ........4.3.1 Technical Data .... 4,12 Preconstruction Conference ................... ................. 28 Preliminary Mattcrs__ , , ­1 ...... ......... ....... I L L ... L112 Preliminary Schedules..........._._........_ ..........._........ 2.6 Premises, Use of._........... .. .. ....... . ...... 6.16-6.18 FTice, Change of"Contract ... ... ........ ....... I I Nice. Contract --definition of 1-11 Progress Payment, Applications for-, ....... ............ 14,2 Progress Payment-rctainage ... ......... .. _ --- . . 14.2 Progress schedule, CONTRACTOWs... ......... 2- 6. 2, 8, 19, 6,6, 6,29, 10.4. 15.2.1 Project --definition of 131 Project Rept-mritative-_ ENGINEER!s Status DuritigConstruction ...... ----- 9.3 Project Representative, Resident. -definition of.- _.. 1.33 Prompt payment by OWNER ... ............ ........... ­ ...... 83 Properly Insurance -- Additional. gCnerii15.6-5. 10 Partial Utilization...... 1410.2 receipt and application of procce(J4 ............. 5.12-5.13 Protection, Safety and- ...... ..................... 6.2".21, 13.2 Punch list 11 Radioactive Material— definticin of 1.32 generaKS OWNER's responsibility fas: .......... ................... $.10 Recommendation of Payment, ... _ ............ 14.4, 14.5, 14.13 Record Documents...1. .... 6.19,14.12 Records, procedures for maintaining ....... ... .... 1.8 Reference Points 4.4 Reference to Standards and Specifications of Technical Societies .........................................3.3 Regulations. Laws and (or) . ..................................... 6 14 Rejecting Defeefive Work..._........__._.. 96 Related Work— atSite ................. .................. ............ - ..... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,, ei-n Remedies. cumulative_,........._........-.._.......... 17A. 17,5 Removal or Correction ofDqfecfivv 13,11 rental agreements. OWNER approval re4uire4 .... 11.4.5.3 replacement of ENGINEER, by OWNER .................... 8-2 Reporting and Resolving Discrepancies ...............................2.5, 3.3-2. 6. 14.2 Reports -- and Drawings .....................................4.2.1 and Tesi:i,� OWNER!sresponsibility ............ ___.$A Resident and Project Representative— definition of ........ 33 Provisionfor_.._ ...................... __ ..... .... ......... _ ...... 9.3 Xii EXVC GENERAL CONDITIONS 19104 (1990 EDITION) wl CITY OF FORT COLUNS MODIFICATIONS aTV 91") I 4 5 SELECT: Public Planroom: "GO" Mercury/LI.,o Colorado PlanWeir Digital Document Management 6 Distribution User Name , 7,7Frc.7 an �;v &Atl�nq tretel Passwoea: ''.. No Login llaeuod t iad Yog.p.:tf@Yla g3 wv amempx yer9 sign up now AulhMtuM Mcnss Onty! 0r1n mozahomiC, biC 10d"¢ ze v. Vitt SELECT: the desired "Project Number" from the list CLICK: "Most Current Set" to View the list of documents available for the project Drder items by clicking llv 57 cart iron: Stat Order ltemBrowser .'�, "ifPath: B Most uurrenr Spt Az of 1�1J2005 14 44 OOMountain �'-Ga Ufue Set QFevisien 1 ' (' QJRevi=ion 2 ^f �a-1 JW Issue Set 7/29/2002 Architectural 24%36 LBW - ' i �A2 Issue Set 7/29/2002 Architectural 24%36 L8W - Revision 2 2(10(2004 Architectural 24%36 LBW - �A=4 Issue Set 7/29/2002 Architectural 24%36 LBW ' EhA=5 Revision 1 11/12/2003 Architectural 2036 LBW - 6. CLICK: Sheet No. to vie 7. CLICK: to add a s ecific document to your "Shopping Cart" 8. CLICK: I Start My Order �] to place the order for printing 9. REGISTER -or- LOGIN 10. SELECT: Process -Media, Output Size and Binding options 11. ENTER: Job Number and PO information then click Next. 12. REVIEW: Recipient information. 13. ENTER: Quantities 14. CLICK: the down arrow to populate order. 15. SELECT: Delivery options and Due time. 16. ENTER: Your phone number in the special instructions box. 17. CLICK: Next. 18. REVIEW order 19. CLICK: SUBMIT Planwell contacts: Marie Owens 970-484-1201, mowens@mercury-ldo.com David Bacon-720-220-7683, dbacon@mercury-ldo.com 07/2001 Section 00020 Page 3 Article or Paragraph Number Resident Superintendent, CONTRACTOR'S_,_,_„__, 6,2 Responsibilities— C0N*rRACTOR`s-m general, ............ _ ............ _.... 6 ENGLNEER's-in general Limitations on._._.._. OWNER's-in general...__ .__..... ,,.,.._.__ .. 8 Retainage ... _.... _......_ _.. _.... _ ..- _._ 142 Reuse ofDocuments.._....._..._..__,. .37 Review IA, CONTRACTOR: Shop Drawings and Samples Prior to Submittal --- ...-__. ..... Review of Applications for Progress Payments. _ Right to an adjustment;.,.. Rights of Way .... .... __... _ 4.1 Royalties, Patent Fees and ...................................... 3.12 Safe Structural Landing_ ... _ 6 18 Safety -- and Protection . _..... .......... ...4.3.2, 6.16. 6,18, . .........6.20-6.21, 7.2, 13.2 general ............ ............................... .........? , 20-di 23 Representative, CONTRACTOR's.... I ................ 6 21 Samples -- definition of ........... ............... ,,......... ....... ....... 1.34 general................ ............. -... .................. 6.24-6.28 Review by CONTRACTOR ............. .. ........ -.-..6,25 Review by ENGINEER..............................k.26, 6.27 related Work....................................................62% submittal of ...._..._ .......... ....._....__..-.__. _ 6.24.2 submittal procedures.. . ............. 6?5 Schedule of progress..,. ......................... 6, 2.8-2.9, 6.6, .......................................,6.29, Schedule of Shop Drawing and Sample Submittals ..... ........................ F,6, 2.8-2.9, 6.24.6,28 Schedule of Values ... ._............ ..-..._.-._2.6, 2.%-2-9, 14.1 Schedules -- Adherence tq _.. J 5Z I Adjusting,..........._._... 6.6 Change of Contract Times.................................10A Initially Acceptable .......... _........ . .............2.8, 2.9 Prelim inary........................................................ 2.6 Scope of Changes.......................................10 3-10.4 Subsurface Conditions,........._...........................4.2.1.I Shop Drawings -- and Samples, general ................................ 6,24-6.2% Change Orders & Applications for Payments, and...._._ ....... .......9.749 definition of..........................................._..,,....1.35 ENGiNEER's approval of ........ ............... ........... 16.2 ENGINEER"s responsibility for review ..................................... 9.7, 6.24-6.28 related Work .................: _.._.. .6,28 review procedures .............................. 2.8, 6.24-6.28 Article or Paragraph Number Suhmittal required ___ ... .__._ __.624.1 Submittal Procedures........................................6.25 use to approve substitutions _ 6,73 Shown or Indicated ....... .................. ........_.......... . a,3.1 Site Access . - ... 7.2. 13.2 Site Cleanliness.__._ _..... _...-_ F 17 Site, Visits to-- byENGINEER, _ ..__ .... _. ._. ._ .._.9.2. 13.2 by others _ _ _13.2 "special causes of loss" policy form, insurance,_.._.-.- _.. definition of. .. _... .-...._5.6.2 _.1.36 Specifications— definotion of ..... L36 of Technical Societies, reference to3.3.1 precedence. ....._....................... _....................3.3.3 Standards and Specifications of Technical Societies, Starting Construction. Before_ _ ..... _..-.2.5-2.8 Starting the Work _... .. _ - ........................ _ 2.4 Stop or Suspend Work— hy CONTRACTOR ................................. .......... 1S.S hvOWNBR_..._.._._..... __......__ 3.8, 13.10, 15.t Storage of materials and equipment„__ .....-_, _, 4.1, 7,2 Structural Loading, Safety ... _._,..._..............6.18 Subcontractor— Concerning,.... .................. ....... ­­ ...... 6.8-6.11 definition of.....................................................1.37 delay. .... waiver of rights _..._...... .._._.... _0.11 Subcontractors --in general ...... .................. .....6.8-6.11 Subcontracts --required provisions..,,_... S.11, 6.11, 11 A3 Submittals -- Applications for Payment..................................14.2 Maintenance and Operation Manuals_.,,._ ....... 14,12 Procedures ............... ,4-25 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 b.28 Substantial Completion -- certification (if .......................... 630.2,3, 14.8-14.9 definition of............................................._.....1.38 Substitute Construction Methods or Procedures.,,.....b.7.2 Substitutes and "Or Equal' Items..._ --6,7 CONTRACTOWs Expense ..............._... .....,6.7.13 ENGINF.,ER's Evaluation,.,,.-._._..... _63.3 E9�1"......,. _ _........................................6.7.1.1 Substitute Construction Methods E)CDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COI-I.INS MODIFICATIONS W.V 9i99) 'remporary construction facilities __....____.. 4.1 Article or Paragraph Article or Paragraph Number Number or Procedures_ ............ _ ............. ............... 6.72 Termination-- Substitutc Items .. ............... 6..12 by CONrRA(71'OR _. _ _ _ 15 5 Subsurface and Physical Conditions-- by OWINFR....................................._, x.S, 15.1-L5,4 Drawings of, in orrelatagto.... 4?.1.2 ofENGINEER'semployment FNGP,VFP_R's Review _ _,. -.._._ 4-2A Suspension of Work-in general general .... _........ ._..... ...... .......... _........... ......... 4.2 Terms and Adjectives_ _-. _.._ ._.. _._.....,. .__.. 3A Limited Reliance by CONTRACTOR Tests and Inspections_ Authorized.,____- ..... _._ _ . _. 4.2.2 Access to the Work, by others ._.._. 13.2 Notice of Differing Subsurface or CONTR.ACTOR's responsibilities,,,,.,_ ...............13 5 Physical Conditions ..... ._...-._...4.2.3 cost of 13.4 Physical Conditions,,,,,.. „,____._,.4.2.12 covering Work prior tq._.,..- 13.6-13 7 Possible Contract Documents Change... ... .... 4.2.5 Laws and Regulations (or), 13.5 Possible Price andTimesAdjustments ... ....... ... 4.2.6 Notice of Defects _._ _.....__.-_.. .13A Reports and Drawings ............. .. _„_4.2.1 OWNLR May Stop Work.... _.13.10 Subsurfacc and,... ............... .............. ......4.2 OWNER's independent testing ...... ..................... 13 4 Subsurface Conditions at the Site, „__..__,,,4.2.1A special, required by E,NGINF.EK_....,_ 96 Technical Data ............. ......__._.__..__,,,4.2.2 timely notice required Supervision-- Uncovering the Work. at ENGINEER'S CONTRACTOR'sresponsibility.. .............__..6.1 request __.... .. 13.8-13.9 OWNER shall not supervisq................................8.9 Times-. FNGINF.ER shall not supervise„.............9.2, 9.13 2 Adjusting ......... .......... ..,....... ............................. 6.6 Superintendence ...... .... ........ _. ... .........-.......... ,2 Change of Contract_..,....... _ ._._._ ___.___..._12 Superintendent. CONTRACTORsresident. ...._........ 0.2 Computation of..__..._,.._................_.._,__.-17.2 Supplemental costs ................... _ ....___............... 11.4.5 Contract Times -definition oF..._...., ...........J.12 Supplementary Conditions— day .... -.--__.... ............ -- _---17-2.2 definitionof, ........ __ .................. __ ...... .... _J,39 Milestones ......... ........................................ ......... 12 principal references to.. ..... ......... ). 10, 1,IS, 22, 2.7, Requirements-- _._.. _._...._4.2, 43, 5.1, 5.3, 5A, 5.6-5.9, appeals_ ... -..... ... ._ _ __. --_ 9.10, 16 _.__.,.5.11, 6.8, 6.13, 7.4. 8.11, 9.3, 9.10 clarifications, Supplementing Contract Documents_„ ............... _,,,_ , 3.6 claims and disputes .............. ._,9.11, 111, 12 Supplier-- Commencement of Contract Times,.....,__.,,, 2.3 definition of .... .............................................. ...JAO Reconstruction Conference ........................... 11.8 principal references to ........ .,-3.7, 6.5, 6.8-6,11, 6,20, schedules.........................................2.6. 2.9, 6,6 _...._....._...................-__6.24, 9.13, 14A2 Starting the Work.. ..... _- _ .. ..2A Waiver of Rights ..... _.......... ......... ...0.11 Title, Wanantyof............ _........ ........ ........ 14.3 Surety-- Uncovering Work ........ ........ ..................1.1.....,.13.8-13.9 consent to final payment,,,,,,,,,,,, 14.12, 14.14 Underground Facilities, Physical Conditions-- ENGINEERhasno duty to................................9.13 definition of........................ ..........................1-41 Notification of ............................ .....ML M5, 15.2 Not Shown cr Indicated.._..._.... ........ .__._..-_ 4.3 2 qualification of ...................._...................... .5.1-5.3 protection of...._._..._........__..._._......_... 4.3. 6,20 Survival of Obligations......._.................................6.34 Shown or Indicated.... ... ...................... ........... 4.3.1 Suspend Work, OWNER May .... ........... ........ J3.10,15.1 Unit Price Work — Suspension ofWork and Term ination-,....... ..,. .......15 claims....__..................._..._.................__,.1.1.9.3 CONTRACTOR May Stop Work definition of ................................ or Term inate,..... :...... _......... .._................... 15.5 generaill.9, 14.1, 14.5 OWNER May Suspend Work., ... .._......... .._...... 15.1 Unit Prices - OWNER May Terminate ................ ........ .... 15:2-i5.4 general]IJI Taxes --Payment by CONTRACTOR .... ___ ............. 6:15 Determination for .......... ..................... ....._.._...9.10 Technical Data-- Use of Premises,,,,,,,,,,,,,,,,,,, .......45,1 6.16, 6.18, 6.30.2.4 Limited Reliance CONTRACTOR by R,,,,,--.,-,.„._,4.2.2 Uhlityowners,.,-,,,,,,..„_.._-.„,_,.„¢.13, 6.:.0, 7.1-7:3, 112 ' Possible Price and Times Adjustments...._,..._. 416 Utilization. Partial..... ......... -. _1.28, 5.15, 6 30 2A, 14.10 Repots of Differing Subsurface and Value of the Work...................................................11.3 Physical Conditions....._.._......... _._..-........4 2.3 Values, Schedule of..,._._,._,_,,.........._.2.6.2.8-2.9, 14.1 xiv E)C'DC (IMCI AL CONDITIONS 1910.8 (1990 EDITION) wl C1 TY OF FORT COLLINS MODIFICATIONS (RF.V )/99) Variations in Work --Minor Authorized.. _.______.....-.._...__. 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGTA EER............_...................... 9.2 Waiver of ('Iaims--on Final Payment .... ......14.15 XVai%er of Rights by insured parties..................j.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR 630 Warranty of Title, CONTRACTOR`s............._.......14.3 Work -- Access to 13.2 byothers............................................................... 7 Changes in the, .............. -, 10 Continuing the,.. . ... ...... .......... __6.29 CONTRACTORMay Stop Work or Terminate_.........___.._..-..-_ --..... .. )5.5 Coordination of 7.4 Cost ofthe................................................)1.4-11.5 definition of, __ ...,.. .. ..._..-_. ..... _ 1-43 neglected by CONTRACTOR .... -.. _ 114 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 Staving the ........... -.................._....._.._...._ Stopping by CONTRACTOR ........ _.._. _........ .....1.53 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 tu--,......... -„-,-,- 3.5.3, 10.1-10.2 Written Amendment -- definition of...._. ..... ..................... .................... principal references tq..... _...... 1.10, 3.5, 5.10,15.12, .............6.6.2, 6.8.2, 6,19, 10A, 10.4, _.._................11.2112.1, 13,122, 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, ._..-._... I..._ .. ....... ....... I_- 10A, 11.2. 12.1 byOWNER ...... ... 9A0.93I, 10A, 11.2, 13,14 xv GJCDC GENERAL CO?'"I IONS 1910.8 (1990 BDI-nom wt CITY OF FORT COLLIN% M00I171CA7I ONS (REV 91") (This page left blank intentionally) xh EJC W GENERAL CONDITIONS 1910-8 (1990 MMON) w/ CITY OF FORT CO[.I.tNS MODIFICATIONS (REV %99) GENERAL CONDITIONS ARTICLE i--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. 12. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be perfommcd other Contract Documents arc attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by 6'NG1WEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanioil by such supporting documentation as is required by the Contract Doiatments, 1.4. Asbeslos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos filters into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Rid -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 Doctmremr-11be advertisement or invitation to Bid, instructions to bidders, the Bid plum, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements -The advertise ent or invitation to Bid instructions to bidders, and the Bid form. L& Bonk—Parformance and Payment boards 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 Conrad 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 aril any post Bid documentation submitted prior to the Notice of Award) when attached as an wdiibit to the Agreement; the Notice to proceed, the Bonds, these General Conditiorri, the Supplementary Conditions, the Specifications and the Drawings as the F:tcucOENEtt LCONX110M19tos(1990Edaiai) wf UTY OF FORT COLIAM MODIFICATIONS ptE'V 4/laael sane are more specifically identified in the Agreement, together with all Written Amendmeras, Change Orders, Work Change Directives. Field Orders and ENGL\'EER's written interpretations and clarification issued pursuant to paragraphs 3.5. 3.6.1 and 3.6.3 an 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 4-2-1 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 (it) to complete the Work so that it is ready for final payment as evidenced by ENGtNEER's written recommendation of final payment in accordance with paragraph 14.13_ 1-13 CONTRACTUR-=1'he person, futn 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 no 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 i0). 1.15. Diawnrgs--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 refaced to in the Contract Documents. Shoop drawings are not Drawings as so defined 1.16. Elective Date of dw 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. LIT ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGIAM'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 Conditiois. 1.19. Field On*r--A written order issued ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20 General Requirements -Sections of Division I of the Specifications. 121. Hazardous Waite -The term Hazardous Waste shafl have the meaning provided in Section 1004 of the Solid Waste 1>i". I ,Act (42 U7 X' Section 6903) as amended from time to time. I.2_2a. Lawy and Regulations, Laws or Regulations -Any and all applicable lmv& rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 1.22b. Leval Hohdays-shall be those holidays observed by the City, of Fort Collins 1.3. Lienx-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. 1.225 Nonce ot'Awmsl-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, OW:�TER 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 commcnce to nun and on which CONTRACTOR shall start to perform CONTRACTORS obligations under the Contract Documents. 137. 01INER-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 Utilisation -Use by OWNER of a rile-tantially completed pan of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work_ 1 29 PCBs 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 providod under the Contraa Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material -Source, special nuclear. or byproduct material as defined by the Atomic Energy Act of EXI)C OENERAL COt"V OTy4191c-8 (199a E6tiui) wit CITY OF FORT COLLINS MODIFIQATIONS (kLV 4120M) 19?4 (4217SC Section 2011 ei sN) as amended from time to time. 1.32.b. Regular Working Hours -Regular 3porl irk hours are defined as 7.00am to 6:0(pn witless othenv_ise s�iecifued in the General RegHT-01ents 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 1.33. Shop Drawings --All drawings diagrams, illustrations, schedules and other data or information which are ssppcccifically prepared or assembled by or for CONT33AGTC>R and submitted by. CONTRACTOR to I) limmite some portion of the Work 1.36. Specifications- fhose portions of the Conmict Documents consisting of written technical description- of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. i 37. Subcontractor --An individual, fiat or corporation having it direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.3& Stbstm dal 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 or Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) dorm be utilized for the purposes for which it is incensed; or if no such certificate is issued, when the Work is complete and ready for fund payment as evidenced by ENGINEEWs 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 Genneral Cmditiom IAA. 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.AL Uridergrourd Facilities Alp pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any erica-emmaits 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 ocher communications. cable television sewage and drainage removal traffic or other control sustems or water. 1 42. iJnil Price Work —Work to be paid for on the hasis of unit prices. IA3. 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, ail as required by the Contract Documents, 1.44. Nark Change Directive —A written directive to CONTRACTOR issued on or after the Effective Date of the ,Agreement and signed by Olk`NFR 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 patragraph 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 Charge 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 1(1.2. 1,45. 11hinen Amen4fimnt--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 nonengincering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELMNARY AfATTF.RS Delhwy of Scads: 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: 2.2OWNER 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 Wok. Additional copies will be furnished, upon request at the cost of reproduction. Commencement of Contract Times, Notice to Proceed 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, Ercn(:. ()ENM(AL COND1710M 191 o-s un9a Edhion) wJ 01Y OF FORT (Cnt.LI t4S MUNFICATtONS (REV 424100) 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 of -Rid -opening orthe •thirtieth day-after-Ahe-R active Dole (nk't�A�xeemem;-whieheverdate-is earlier: Starting the Work: 24. 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 Constriction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully sett yd and compare the Contract Documents and check and verify .merit figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any cmflicy error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work allectcd thereby; however, CONTRACTOR shall not be Gable 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: 26.1, a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Nblestones 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; 2.61,Z1, In no case will a sc le be acceptable which allays lash „than„21 eslgp* days for each review by Enzft er. 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 conponent parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work 2.7. Before any Work at the site is started CONTRACTOR and GAt? shall o n& deliver to the ether OWNED with copies to ENGINEER certificates of insurance (and other evidence of insurance +vhiskr-eiilti+r—rrf-tlte+n--Nr--any—ar#dit4—i+tstxed--mxy rrascrtably---reytmst r uested by OWNER) which CONTRACTOR rind-OWespaefi_ely ere is required to purchase and maintain in accordance with paragraphs 5.4. i 6ancd 5.7 Preconstruetion Conference: 2.8_ Within twenty days slier 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 _' 6. procedures for handling Shop Drawings and other submittals processing Applications for payment and maintaining required records lnidaflr Acceptable Scheduler 2.9. Unless • otherwft provided in the Contract Documents, at least ben da . -ftwt APOisation ftt�Itayntent before any work at the site he�vms, a conference attended by CONIRA(TfOR. FNGINFliR and odxrs as appropriate desnimated by OWKFR will be held to review for acceptahiliiv to r:NGINF.FR as provided below the schedules submitted in accordance with paragraph 2.6. an . Div twit -1._.v... { al _I ecBlaements CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencin�cfi scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shpp Drawutg and Sample submissions will be acceptable to) TdGINE . as providing a workable arrangement for reviewing and processing the required subminals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to fcrmt and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR cortccrtang 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 aormrda= with the law of the place of the Anject- 3.2. It is the intent of the Contract Documents to F.rCDCOEWRALCO'%Mi 7OM1910.5(199UEd4tim) WI CITY OF FORT COLUM N101AFK A11ONS LRGV ,ij-20 tan 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 he furnished and performed whether or not specifically called for. When words or phrases which have a well-krxnvn technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies. Reporting and Rennhing Discrepancies: 3.31 Reference to standards, specifications, manuals or codes of any technical society, organization or ass ciatiom 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 die time of opening of Bids (or, on the Effective Datc of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.13. If, daring the performance of the Work, CONTRACTOR discovem 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, martual 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) uritil an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6. provided. however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract factcuments); or 3-3.3.2. the provisions of any weh 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, crack: 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 arw of FNGGN'EFR's Consultants, agents or employees any duty or authority to supervise or direct the finishing or performance of the Work or any duty or authority to urntortake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents 3A. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" cr terns 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 mtealecl that such requirement, direction, review or judgment will be solely to mitiate, in geneml, the completed Wort: 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 crttmry to the provisions of paragraph 9.13 or arty oilier provision of the Contract Documents. Amene6ng and.Srrpplemen1mg Conbaet Documents. 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work cr to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EICDC UENMILAL CONDITIONS 1910-9 t1990 E61iat) W CITY OF FORT ODUA his MODIFtCA77OtdS MEN 4200m) 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 ENGINMER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. EN'GINHER's written interpretation or clarification (purwam to paragraph 9 4) Rerse ofDmumena. 3.7. CONTRAC"TOR, and arty Subwntmctor or Supplier or other person or organization performing or furnishing any of the Work under a direct or irnlaec:t contract with OIVNI ER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Speciticarcros or other documents (or copies of any thereof) prepared by or hearing the seal o11NGiNP.IiR ar FNGr1vT-.F.R's Cemsuhant, and (n) shall tot reuse am'' of such Drawings. Specifications, other documents or copies on e\tentaiom of the Project or any other project without written consent of OWNER and LTiGI N'LER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS, SUBSURFACE AND PIIYSICAL CONDITIONS; REFERENCE POINTS taailabiNry ofLandv: 4.1, OWNER shall Burnish 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 1 ipon reasanabla written request; smterttent o€-raeerd-kgel•title•endlegal-deseripticsttc+f•the ter-u}aen-which-L#w-Wc�-is-to-be�}}�forsietl-end OR41E1Fs inert-therairras-rteee&sary- givmg,notice o€-er--ftlang-a- meulwruc'a--lien-egatnst--rater--lerrk-tit 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 exi sting facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Document& If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's funfishing these lan ck rightsof- way or easaneras. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12- "ONTRACTOR shall provide for all additional lands and acccL's thereto that may he required for temporary construction facilities or storage of materials and equipment. 4.1 Subsurface and Physical Con&lionx: 4.2.1 Reports and Drawings: Reference is made to the Supplementary Conditions for idcntifuxttion of 4.2,Ll. Subsurface Corulitiots: 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 4.2.12. Plosical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurfaoe structures at or contiguous to the site (except I indergground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents 422 Limited Rebance by CON17L4C7OR Authorised' Technical Data: CONTRACTOR may rely upon the general accuracy of the "tccunical data" contained in such reports and drawings, but such reports and drawings are not Comract focuments. Such "technical data" is identified in the Supplementmv Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER F.NGngFPR or any of 1, N011vrEER's Consultants with respect to! 4,22.1. 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 4.22.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.223. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretatioms, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Cauii6ons. If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed eider; 4.23.1. 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 squire a change in the Contract Documents, or 42.3.3. differs materially from that shown or EKDC06NEttALC0N1)1770M t910.8 (199pE61im) w! CITY OF FORT OOLLINS MODIFICATIONS (REV 412ODD) indicated in the Contact Doaanents, or 4.2.3.4, is of an unusual ttrtture, and differs materially from conditions ordinarily encountered and generally recogn zed as inherent in work of the character provided for in the Contmct Documents: then CONTRACTOR shill, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (exccpt in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such catlitiot. CONTRA(:T'OR shall not thither disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of wTitten order to do so. 42.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of ONNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of FNGINFERs findings and conclusions 425. Possible Contract Docyurren[s Change: it' 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 4.4.3. a Work Cha%e Directive or a Change Order will he issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times 4,#uShmnes: An equitable acljusttnent 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 CONTRACTORS cast 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 23.1 through 4.2.3.4, inclusive; 4.2b.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 shell not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such condition at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any - informalities and irregularities therein. Bid security in the amount of not less than 50 of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins M James B. O'Neill, II, CPPO, FNIGP Purchasing/Risk Management Director 07/2001 Section 00020 Page 4 submission of a bid or becoming Mind 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 eeamination invesK atidat exploratidm, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR pricy to CONTRACTOR's making such fuutl commitment or 422 6A3- C:ONTRACfOR failed to give the written notice within the time and as required by paragraph 4.23. II OWNIER and CONTRACTOR are tumble to agree on entidemem to or as to the amount or IcNth of any, such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 1 i and 12 However, OWNER, >NCIINEER and ENGINEER's ('ontultants shall not he liable to CONTRACTOR for any claims, casts, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions- Underground Facdlities: 4.3 1. .Strom i or hir icated; 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 OWNFR % ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 431.2. 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 onnstructien, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any ohmage thereto resulting from the Work. 4.3.2. Nor Shoi4n or Inchcated. 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, prumpNt immediately after becoming aware thereof and betfore further disturbing conditions affected thereby or perfuming any Work in connection therewith (except in an emergency as required by paragraph 633), identify the owner of such Underground Facility and E)CI?C()b'NERAL CONLrMM 19104 (1990 Edtim) wi C3TY OF FORT CY)LlA M M0D1MCAT)ON5 (RLY 4n000) give written notice to that owner and to OWNER and EivtG1NEER. ENGP\MER will prompth review the Underground Facility and d&crmine 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 iced in pnras$mph 6.20. CONTRACTOR, may be allowed an increase in the Contract Price or an extension of the Contract Tirrcs, 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 I i and 12. However, OWNER, ENGINEFR and ENGINEER's Consultants shall no be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any otter project or anticipated project. Reference Points: 4A. OWNER shall provide engineering surveys to establish rcferetx:e points for consum-tion which in ENGINEWs judgment are necessary to enable ( )NTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Wok, shall protect and preserve the established reference points and stall 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. Arbmtos, PCBs, Petrole9tm, Harm taus Watre or Radtoacttre 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 iralicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial clanger to persons or pxc�aty exposed thereto in connection with the Work at pry OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors,Sut��l1tors or anyatc else for whom CONTRACTOR is responsible. 4.51:-- CONTRACTOR shall immediately: (t)stop -All WkAi ed nkaa H onditioxtarkl at Y suoh none M wnnug) OWNER shall pr{rmptly eunselt with-ENGIINGER-voncermr* the necessity fca OWNER• to 3etain a-quahf eki expert to evaluate -such .a-eskiw-aatiut�-•iittrw: C40NTR,4C T'UR-shall not be required to resume Werk any -rewired -permits related -them and-delivar dto and-nny-af eate4 arm -is or-hes-been rendered -ale leF the festavitiit an of Wrirk, (ir) speoe if} as3y-specciuf conditions under-whteh stash agreo--as-to-artidemeiU-to- err of nn--edjustmment;--if eon in Times-eq A fesukOssuh whielt _U*rk etcher-peaty--nrey-make a-akiim theretb"s pro ided-tn Aniel,v�,v,e4'.-and-'3. of -suet; spreiaF-%qine»-Retiee E-0KT-R,ACTTOR- does not agree to resume such work- ble belief=it ig nnvafe; eY dews s et Work_4 " e`r _i1�l m?Y-erder-�slt l�Rmrt-of aHeeted area-te-be-deleted ftern the V�0491­ If agree as to•et°tlemaat to or the-amount-or•iixtent ofan as a Fasult of deleting either, party-may-makea cktun-the 4x-as-K-ovided- n pwtion-ef--the--Work-perforrtted- .-OWNER's own faro orothersnaccordancewithretook7 .. . To the iiiaest ReBalattort.•..AWI FfiR.-. indenntiiy _ettd .. hold lrartttlass,-.,.__-f41A'TRr1GTUR: Sutmttars: af€t€aFsc.-- dairecte> :--enipl©Yee- --agents; --. affair oer�ultenta-and-sub«rnlraetors--0[.aaeh -end--any-of daerir•.Irem--end•-agairet-s}I,_ulaim�.eust� .losses -and err teveaiad at the - site - E1C'.t)CGENERAL CON1?1170M 1910-8 (1990 Blom) wl0 rY OFFORTCOLLINS MOUIFICATIONS(REV412( M) ARTICLE. S-BONDS AND INSUILINCE 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 CUNITRACTOks obligations under the Contract Dowments. 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 Condition All Bonds sha11 be in the form prescribed by the Contract Documents, except as provided otherwise by laws or Regulations and shall be executed by such studies as are named in the current list of "Companies Hoi Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies^ as published in Circular 570 (amended} by the Audit Stafk Bureau of Government Financial Opemtiomc• IIS. 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 airy 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. ..U. Licensed Sureties and Insurers; Certificates of insurance: 5.3.1. All Bonds and insurance required by the Contract tkanments 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 mid qualifications as may be Provided in the Supplementary Conditions. 53.2. CONTRACTOR shall deliver to OWNER with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and When 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. ©LuNRR-shall CONTRACTOR's Liabifiipinsurance. 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and ns will provide protection from claims set forth below which may arise out of or result from CONTRACTOKs; 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 w indirectly employed by any of them to perform or famish any of the Work, or by anyone for whose acts arry of them may be liable- 5.4.1. claims under workcW compensation disability betrc is and other similar employee henefit acts; 5.4.2 claims for damages because of bodily injury, occupational sickness or disease, or dcatb of CONTRACT OR's employees; 5 4.3- claims for damages because of bodily injury, sicknem or disease, or death of any person other than CONTRACTOR's employees; 54:4-elaif -fof-'dame8ea-ins<ued by--ouskimary —Person—by other reasotk 54.5. 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 parson or property damage arising out of the ownership, maintenance or use of any motor vehicle. The pohcies of insurance so required by this paragraph 54 to be purchased and maintained shall: 5A T with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive anda5 4 % 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 wharf 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, 5.4.91 include oarrpleted operatiovn iimuano r, E)CDC OEMMAL CONO1TIOM 19104 (IM E(Iticed) w/ Cr'rY OF FORT COLLINS MODIFICATIONS fREV 4t20M) 5AM, include contractual liability insurance covering CONIRACTOR's indemnity obligations tinder 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 chtmged or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR aid 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 urail final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing ckfeclive Work in accordance with paragraph 13.12; and 5.4,13. with respect to completed operations irm. rance, and any insurance coverage written on a claims -made Masts, remain in effect for at leas two' years after final payment (and CONTRACTOR shall furnish OW'NFR and each other additional insured identified in the Supplementary Condition; to wham a certificate of insurance has been issued evidence satisfactoq to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter)_ OWNER'sLiabiliry Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNFR's option may purchase and maintain at OW' NER's expense OW N`ER's own liability insurance as will protect OWNER against claims which may arise from operations under the Comraet Documents. Property Insurance: 56- 4ilydes-otherwiseIx©vida�in- "Supplemenwy C<utditierns;--CrWNER...slarll -pure,. rand--ata;nfitin of-the--full--raplacakttant- Est- tirarrol=-{sty.-to-stet datkr6tibla--antountfr- es--rttay--.be� �evidatl--gt---tlte PP + mYM onditicns-or-recryfrecl-by---Lews-ertd RegueGons}-This-il�umneaa shall; 5:641. inulutia - khe .of-- - , entitieaa-identified-itt-the-Sttpplery.-�rtditiona; eeeh ofwlwm-isdreined to have aft-irrutrebk-iMerr.� aridsliaH-bar-listed-nsma insuredureddhionalmiaaedt 36:2 ..-lio-.writtari ar n--l3uikia s -Rook -°all-rt ik"--or the---folleiw`iaS--fiari>cr�-��, 'i8htning—erctarided oworege;- thelt;- vandalism and--malictous mischief-, da"Iy4mike- collapse. debris removal, dermahtion water datnege; a Willy-rayia3red _' , 5.63: inelude om lenses ineurre&._ir,._.d ,.rgmw-.o+r repl"ment of any um-umi prgwty-(inel"ng-§ut not limited -to ---fees --- u� -- of-engmews— and architects). or et- another- lomion-thm was agwedj!o .,wlgtmgby prov4de44het sash matasiels and equtpmaN #tnt a -been hry Jti1N1, and s gs--be-maintained-ineffect --.,Mffd - m�de-unlecv- ethrRvist--g�ezd--icv-in-vt�nting--.�y 9WlvI F flts�fT{)R •Had -..&4Qn=E_R-with thirty-dnv -written nmiea additional inched ice-whtlkit- Fmmd: 5 7- -OWN T-R- "I purehasr-mn fnaimain-stteh-boiler and -machinery in suranea-aF additio nil prvpaky •utsumme as-nmey-be- required -by the-Suppheu+�iery--F. ditieu or bowa-and-Regtll@ttt i wlHehYW'dl ugh k`d� enter of ONWh lSi�lE',ll�li4l"slts-(yetLsuitmii&land is dearaedi0}invenn. and - and nintnused by OWhv R itrnea or ierwa-wiee coverage-atfordecl will not be-oaneelled- ar--metariahly ehmged or renewal-fetuml until(it -least t})igv dayt -prior wnitm-n0tiitr- _ has- been- .given---ta -- E31X NgR ---and whom-a-caitiftaate-of insurance-ltas been--i wed-imd-w}ll «amain-- waives----prev-a u---in-----aseordanea with Paragraph s.I+ 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR Suboontractors or others in itleFlkifitd ni-the -btipltiemaitari Genditiera-4lte-risk-of smash--hoes-and-if-ang--of-ih�n--wisher. preperil+--in�umnes oaverage-withuh-the_,limits-oC-seek-stnoitrds;-eac�tt 'reaY purf3a�seand mairHeinttat-iHni purshaesan'sexpanse. S:l�l---1f EON'I'-R�4E"}EiR-raltte>sis-er writing-}het.ot}tar "Giml insurance be imuiul smu'enh, :Mumma, and the eat t7imiga-- Order--or---L4rinme --4 --to EICDCOENER.N. CONXXnOM 191" (1990E6tian) 10 n•6CITY OF FORT COLLtNB MWtt1CKOONS t3tb-VA120W) commencemint-of4w Work at the site: OWNER shall in aeht�4her 5-4-1:1:--GVR%'FIt orAI 0WRA TOR intend that all policies-purrMisad in aeoert rtca-with paragraphs 5,6 9A1TRr14 7 F wA ,--waive --*W-fights -feSpeaFivr-- alTitwr end datna8as'eat�aed'�t-et�r-ra�ltingfirem the per+ls-oovar•r ....... nd any NAMBble to the WarlE; sad in---mlditioit__... W sly@.__l__. yab __Fi$}tL4--against Cy>nsitkattts end all eUteF persom-or-eMmes identified _''hWv''all-��te- _preeeed$_Qf 7 i.� w ell -rights ngeusF.. R TC7I$—. .. Sulx ontrewer5 ofD3oars cis ors arepk>yeeaand -Agents .of.any, of them, -far-; '41.2+ left doe to 10 d=uaa-er-..-.aoraequantal--loss -extending beyond-,.@f--�sieal--less'-or--. Aamnga_..it, erasing It 0147temrtti 1-__.i -- ar-other-part11 e er-rxtEi - WNW- md eonsequantial leas the -will- mg- ci-ragMs--0f recovery against any of CONTRACTOR. OR Subcomntctors; Fri 4.itiT131� 1 the off+a�vv din t>fty-ufthetn, Receipt and Appliention of Insurance Proceedv. 5.12. Any waved loss under the policies of insurance required by paragraphs5.6 and 57 will be adjusted with CANNER 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 am, 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 he 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 "I] have power to adjust and settle any lass with the insurers finless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OW'NER's exercise of this Mver. If such objection he made. OWNER as fiduciary, shall make witlement 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 slat] adjust and settle the loss with die insurers red itt-writirig by any party-m interesk b?WII-as tdusinq -sMfl- give-hos d--£err -the 1) Opel ties Acceptance ofHondr and Insurance; Option to Replace: 5.14, If el' (OWNER or C,0?4RAGT-GR) OWNER has any objection to the coverage afforded by or orlon provisions of the Be" or insurance required to be purchased and maintained by the esker --parry C'ONTFACTOR in accordance with rVfcic - on the basis of fiat -conformance with the Contract Documents, the objectir>g-petty shaf}-sanctify the other party OWNER will tipllfit_QQh9BAQJ_QR in writing within ten fill..m days after receipt lefty of the certificates (gr+xketevidenee requested) 10C2 . As required by paragraph2.7. other steak additional-infottaetion tt fespeai_ of tasurance Partial Utd67atf0n Property lnsumnee: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Wert: prior to Substantial EKDC OENF.'RAL CONDITION'S 191" (1990 E61ia1) cat O17Y OF FORT C'OLUM MODIFICATIONS(RFy 412(00) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.1Q 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 shell consent by endorsement on the policy or policies, but the insurance shall not be cancelled or permitted to =pse on account of any such partial use or occupancy. ARTICLE 6—CON'rRACTOWS Supendsion 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 CONTRACT fOR 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 he responsible to see that the completed Work complies accurately with the Contract Do umcnLs. 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 ureter 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: 63. 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 discy�line and order at the site, Except as otherwise required far the safety or protection of persoris or the Work or property at the site or adjacent thereto, and except as otherwise irulicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will riot permit overtime work or the performance of Work an Saturday, Sunday cc any legal holiday without OWNEWs written consent given after prior written notice to ENGINEER. CONT�shali subaid 1a the IId4} TIC no Tess than 48 hours in advance of arry Work to be mrfonmed on Saturdaaay. _Sunday. Holidays or outside the Regular Working, Hours 6.4 Unless otherwise specified in the General Requiremcnis, CONTRACTOR shall furnish and assume full responsibility for all materials, cyuipntent. labor, transportation, construction equipment and machinery, tools. appliances, fuel power, light, heat, telephone, water. saniLnry' facilities temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing start-up and completion of the Work 641 Purcbasirae Restrictions: t:0NTRA(-f0R must can�p� with the Civv's purchtasingrestrictions A copy of the resolutions are available for review in the off_icesof_the Purchasing_ and Risk Management Division or the City Clerk's otLa. 6_4 2___Cement_. Restrictions_ Ck_of_ Fort Collins Resolution 91-i'i cquiros that suppliers anclV. pnxlu 6 of cement or products contsmi>ffi cement to certi .that the cement was not made in cement kilns that bum hanardous 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 ccpressiy run to the benefit of OWNER. If required by F-WYT dF.FR, 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 Com nict Doeumems. Progress Schedule: 6.6. CONTRACTOR shalt adhere to the progress schedule established in accordance with paragraph 2.9 as n may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the Merit inrticated in paragraph2.9) proposed adjustments in the progress schedule that will not charge the Contract Times (or Mlkstortei). 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"Itemx- 6.1.1. Whenever an itan of material or equipment is specified or described in the Contract Documents by using the name of a cry tram or the name of a particular Supplier, fication or description is intended to establish the type. function arxi quality required. Unless the specification or description EICDCOENERa CONDfltOM 1910E (1990 Edition 12 rat CITY OFFORT COLLINS MODIFICATIONS N.N 4J20W) contains or is followed by words remdn that no like, equivalent or "or -equal" item or no substitution is permitteei, 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, "?r-Equal" if in ENGINIX'R's sole discretion an item of material or equipment proposed by ('ON'rRX("IOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may he considered by HNIGI vEFR as an "or al" item, in which case review and approval of the proposed item may, in FNGiNEFR'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 ENUJINEER'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 he considered a proposed substitute item. C NI'RA('fOR shall submit m1 icier information as provided below to allow F.NGTtiEFR 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 ENGINTIMR will include the following as supplemented in the General Requirements and as F:NGINEFR may decide is appropriate tinder the circumstances. Requests for review of Proposed substitute items of material or equipment will not he accepted by FNGINFER from anyone other than CONTRACTOR If CONTR:\CTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall fast make written applicxtdon 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 UtV.NER 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 mainterianco, 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 IA, the resulting change, all of which will be considered by ENGINEER in evaluating the Cproposed substitute. ENGINEER may require ONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONMCTOR's Expense: All data to be provided by CONTR'CTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR' eTrnse. 6.7.2. Substitute Corstnufiorl Methods or Pencedimer. If a siliecific means, methuhd, 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 hNGINEER CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINESR's sole discretion, to determine that the substitute proposed is equivalent to that epgressly called fir by the Contract Dommenus The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineers Evaluation: FNGTNF6R will he allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7. 12 and 6.7.2. ENGINEER will be the sole judge of acceptability. No -or-equal" or substitute will be ordered, installed or utilized without FNGINFER'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 "ors;qual" 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 Comnict Documents (or in the provisions of any other direct contract with OWNER for work an the Project) occasioned thereby. Whether or rot ENGINEER accepts a substitute item so propor submitted by CONTRACTOR CONTRACTO shall raimbum OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. &S. Concerning Sttbcontradors, SkMiers and Viers: 6-8,1. CONTRACTOR shall not employ eery Subcontractor, Supplier or other person or organization (including those acceptable to OWNER aid ENGINEER as indicated in paragraph 6.9.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable o un. CONTRACTOR shall not be required to car,; Sulx ontracax, Supp ter or other poison or organization to furnish or perform any of the Work again% whom CONTRACTOR has reasonable obpjecim EJCDCGENERAL(V, MIr0M1910-8(199aE"am WICITY OF FORT (-%)LLITt9 MODIFICATIONS (REV 9i2000) 669. ccK- mACTOR 4rall perform trot lei than 20 percent of the Work with, its own forces (that is, witlnut Subcontracting)The 20 txrcent requirement fall be understood to refer to the Work the value of ------------------ which totals not less _than 0 pZrcent of the_CcmtracK Pr .,e 6.8.2. It the Supplementary C-rhditions Diddine Documents require the idtntity of certain Subcontractors. Suppliers or other perwns or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in -advance -of the -specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,—arm-+f auserrlance.-..with- the._-SupplemrtNcuy-<::orditiens OW'NER's or FNGINP s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any. arshpplier, or other parsarv-or - argaeti3atien se iderhtit+ed they Toe -revs d tin the basis ofsewombleohjectiowalter-dui-investigation; ire--whielr--t+nse--4:1�At�FRt>.f-=1{�jR--sMt{1-submn--an ae:eeputl>!r- subsfiiute.-- fire-ftrtttad t-T'riea__wi4f be adjtt�wed hy-thedikiermen-in-tlta'eost aeeasioned-hy such substitutxw and fin -approprrime- E'luwW Order Wing--be-ice N ill constitute a condition of the Contract rvquring the the t f the named SubCOMraCtms, surriliers or other pxrsorEt or or�njr�rti(xT cn_the W'orl: unless prier written approval is obtained from OWNER and ENGINEER No acceptance by OWNER or tRdiNET It of arty such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defecrive Work. 6.9.1. CONTRACTOR shall be Cully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations perfuming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is respomsible for CONI'RACTOR's own acts and onissions. 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 argntnizalioq nor shall it create any obligation on the part of OWRNER or ENGINEER to pay or to we to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws andRegulations. OWNERo J:NGINt'VKRmay furnish W am subcorhtracmx, suppnlier o uher »ersrm or %&&UVAtion evidence of amounts ippa rito CONTRAC OR in accodance with CONTRACTOR'S "Apmficatiors Car Payment" 13 692_ CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and orgammxtions performing or furnishing any of the Work under a direct or indirect contract with CON "I'RACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or fitrnishing 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 Drnwings shall not control CONTRAC70R in dividing the Work among Subcontractors or Suppliers or delineating the Work to he 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 bards the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINRIX Whenever-angsuc}tagreamem is-w,it}a-it- '-}istec3-era-an add itiomaf-insured-en the-property-inwiFanur previded-in `—? the CO131' ACTOR and -the- F,ubconi aetor• cw-Suppliefwill domain -put waives -ah (�1 LTTl EF72 -.G Z'sOhs-nnd-all- arising ottt e} the - Work. If the-ireurets-ttr ony- suet- policies- require Patent Fees and Ratwltfes: 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 at 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 extern permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harmless OWN K ENGINI•M 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 arty 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. 14 FX'I>C GENERA, COND1710M 191"(1990 Edition) col C'ITY OF FORT C[)LLiNS NIOD1FICATIONS ft-V 412000) Aermirs- 0.13. 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 licerss. CONTRACTOR shall pay all governmental cbatges and inspection fees necessary lir 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 pey ail charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14• LawvandRegalatiunv: 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 resperosible 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 bv, arising out of or resulting therefrom-, however, it shall to be CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings are in accordance with Taws and Regulations, but this stall 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 or the place of the project which are applicable during the performance of the Work. G 19 1. OWNER is exempt from Colorado State and lr>ca sales_ end use taxes on materials To_ be petmarten incgrpgLated�nto the proj_Said taxes shall not be included in the Contrzmct Prue Colorado Departtnatt of Reyemrc State Capital Annex 1375 Sherman Street Denver, (oloradg, 80261 Sales and Use Taxes for the State of Colorado Regional TrtTprtatisn District (RTD and egrtain Colorado counties are collected by the State of Colorado and are included in the Certification of ]~'it iion All anolicable Sales and Use Taxes (including. State collected tnmes),_on_aml_items other than construction and building materials physically incorporated into the Protect are to be raid by CONTRAC'TOP and are to be included n app[2gji to bid items. Use ofPrennses- 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 casements, and shall not unreasonably encumber the premises with construction equipment or other matenals or equipment, CONTRACTOR shall assume full rc.V)ncibility 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 perfemnance of the Work. CONTRACTOR shall promptly sdde 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, ENGINEERS 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 arty claim or action, legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other patty 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 shalt 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 noticed net permit any pan of any structure to be loaded in any mariner 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: Ex-uCOFNERAt CONDMONS 1910s (1990Edttam w!CITY Or FORTCOIJAM MODIFICATIONS(REV 42000) 619_ CONTRACTOR shall maintain in a safe place at the site one record copy of all Dmwir4;s, 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 shone all charges 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, aml ffior to release of 6nn1payment these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Plmecdon: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precaution and programs in connection with the Wok. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 620.1. all persons on the Work site or who may be affected by the Wont: 6202 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 620.3. 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 omstruction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety ofpersons 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 atiltty rnvners when prosecution of the Work may affect tFcem, and shall cooperate with them in the protection, removal, relocation and replacement of there property. All damage, injury or loss to arty property referred to in paragraphs 6.20.2 or 6.203 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 there 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 put, to the fault or negligence of CONTRACTOR or any SubtwrBractor, Supplier or other pawn or organization directly or indirectly employed by any of them). CONTRACTOR'S duties and responsibilities for the safety and protection of the Wok slwcontinue ottinue until such time as all the Wok is completed and ENGINJMR has issued a 15 notice to OWNER and CONTFLNCIOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise acpressly provided in connection with Substantial Comple tom). 6.21. SofeorRepresentarive' 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 ocwrdinatmg 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. F.mffrnder 6 23in emergencies affecting the satety 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 sclwdule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the ratmber of copies specified in the General Requitenems. 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 materiels and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.1 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 EXT C OENERAL CONDITIOM 191"(19" Edtim) 16 w1 CITY OF FORT OOLLINS NIORIFICA1 IONS(REV 4,1000) purposes required by paragraph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submidal Procedures: 6.25.1. Defore submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified. 625-11 all Geld measurements, quantities, dimensiom specified performance criteria, installation requirement-, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended usc, fabrication, shipppping, handling, storage, assembly and instal pertaining to the performance of the Work, and 6 25.1.1 all information relative to CONTRA('fOR'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 Each submittal will bear a stamp or specific wnuen indication that CONTRACTOR has satisfied CONTRACTOWs obligations tender the Contract Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submissim, 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 626. ENGINEER will review and approve Shop Drawmgs 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 wilt, 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, sequerim or procedures of construction (except when a particular means, method, technique, sequence or procedure of SECTION 00100 INSTRUCTIONS TO BIDDERS construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by f-MME.ER on previous submittals. 6.27. HNGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility t t any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGIINEER'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 arty approval by EN(ilNh'FR relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1 6 28. WhLre a Shop Drawing or Sample is required 1)), 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 suhnintil will he 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. 630. CONTR4CTOR's Genera! Warranly and Guarantee: 6.30-1. CONTRACTOR watzmtts and guarantees to OWNER ENGINEER and ENt INEER's Cnsultants that all Work will be in accordance with the Contract Documents and will not be *feelfve. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse. modification or improper maintenance or operation by parsons other than CONTRACTOR, Subcoitrsctors or Suppliers; or 630.1.2. normal wear and tear under normal usage. 6.30 21. 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 EXW OENERAL CONDFA.OM 191" (I M Edliom wi ('1-ry OF FORT COLLINS MODIFICATIONS (REV 4l10001 accordance with the Contract Documents or a release of CON TRACTOR'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; 6.3024. use or occupancy of the Work or any part thereof by OWNER: 6.30.2.5, any acceptance by OWN'BR or any failure to do so. 6.30.2.6. any review and approval of a Shop [hawing or Sample submittal or the issuance of a notice of acceptability by ENGiNEI`aR pursuant to paragraph 14.13: 6.302.7. any inspection test or approval by others; or 6.30.2.8_ any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINI R's Consultants and the otiicem directors, employees, agents and other consultants of each and any of them from and against all claims, coats, loses and damages (including, but not limited to, all foes and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution casts) caused by, arising out of or resulting from the performance of the Wak, provided that any such claim, cost. kiss 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 pparartt tbryy any negligence or omission of a person or entity inoiammled 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 arty employee (or the sarvivor or personal representative of such employee) of CONTRACTOR, arty Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or tunush any of the Work or anyone for whose acts any of therm may be liable, the indemnification obligation under paragnaph6.31 shall not be limited in any way by any limitation on the amount or type of damage& compensation or benefits payable by or for CON"TRACTOR or any such Subcontractor, Supplier or tuber person or organization under workers compensation acts, disability benefit acts or other employee benefit acts 633. The indemnification obl' ations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and E'NGINTENs Consultants. ours, directors, employees or agents caused by the professional negligence, errors or emissions of any of them. .SuMtvd ofObligations- 634. All representations, indemnifications, warranties and guarantees made in required by or given in accordance with the Contract Documents, as ttc11 as all cominum obligations indicated in the Contract Documems, will survive firnl payment, completion and acceptance of the Work and termination or completion of the Agreement ARTICLE 7--OTITER WORK Related Work at Sire.• 7.1. OWNER may perform other work related to the Pro icct at the site by OWNERSs 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 DoLumcrw% then: (i) written notice thereof will be given to CONTRACTOR Prior to starting any such other work and 6 0 CONTRACTOR may make a claim therefor as provided in Articles I I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OW1NER's employees) proper and safe access to the site and a reasonable opporArnrty, for the introduction and storage of materials and equipment and the execution of such other work and shall properly txamect and coordinate the Work with theirs nless otherwise provided in the Contract D ocumeras. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts cone 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 oomtractms to the extern that there are comparable E1CIx: GENERAL CONUTIOM 1910-8 Q 990 E(fitmm) is cal CITY OF FORT COLLI M MO(AFICATIONS (REV 452000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contmcturs. 73. If the proper execution or results of any part of C()1N1'RACTOR'.s Work depends upon work perfumed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing arty delays, defects or deficiencies in such otter work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTORS failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRAC'TORs Work except for latent or nonapparent defects and deficiencies in such other work. Coori6narhen: T4, 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: 7A.1 the person, firm or corporation who will have authority and respusibility for coordination of the activities among the various prime contractors will he identified 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized, and 7.43. 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 8A. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR thrmAENGINEER. 82, In case of termination of the employment of ENGINEER, OWNER shall appoim an anmgmeer egaetst whrrttt-CIDMT ACT9�o--neasnreble-vbjeetic,n; whose starts tinder the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shell famish the data required of OWNER under the Contract Documents promptly and shall make psymerus to CONTRACTOR promptly when they are due as provided in paragraphs 14A and 14,13. 8.4. OWNEWs duties in respect of providing lands and easements and providing ergm- eermg survoys to establish reference points are set forth in paragra4.1 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 stntctures at or contiguous to the site that have been utilized M ENGINUR in preparing the Contract Documents A.- AWR 3EIt st'org and - forth in pankgrophs 5.5 through 5.10 && OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7 OWNTRs responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13 A. 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 COVI'RACPOR 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 fumishing or perlbrmance of'the Work. OWNER will not he responsible for CONTRAC701t's failure to perform or furnish the Work in accordance with die Contract Documents. SI�A--�'srespoatsnbility -an- raspeat--cif-unclisokvsed Radioattive Afaterriek t rye rered-ar-revealed et 3}ar site is CONTRACTORfiaanaiel atrengalments. have bast-ia@de-to--satisfy- OWtiIxs responsibility -in Mpeot -thareof wall -be -as sat--tbtth m the Supplamontary, yetis. ARTICLE 9—EiNGINEER'S STATUS DURING CONSTRUCTION OWNER's RWmmtative. 9.1. ENGINEER will be OWNER's representative dwing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repaeserastive during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Visits to Sit,- 9-1 ENGINEER will make visits to fix site at intervals apppxaoppxnaatc to the various stages of cormuction as ENGR 1110 deans necessary in order to obsme as an experienced and qualified design professional the progress EJCDC'OENLR.AL CONDITIOM 191" (1990 Ecitim) w/ CITY OF FORT COLLINS MMIF1CAT10NS (REV 4n(NM)) 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 Ioteumertts ENGINEER will not be required to make exhaustive or continuous un- site inspections to check the quality cc (�taantity of the Work. ENGINEER's efforts will be drrected 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 ON%NBR against ❑kfecttve Work. ENGINEEWs visits and on -site obscrvation are subject to all the limitation on ENGlNEI R'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 ewer or he responsible for CONTRACTORs means. mefluxis, techniques, sequences or procedures of oonstruction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with T.aws and Regulations applicable to the hirnishing or Nrfomtance of the Work 131*eer Rettreseatadve: 9.3. if OWNER and E.'dG1NEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGMER in providing more continuous observation of the Work. The responsihilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 - and 9.13 arml in the Condition of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not E NGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in nataaranh 9.3 93.1. The lims in pedainiit g to the on -site work will, in gonetal, with the ENGINEER and -CONTRACTOR. But. e Re)xesentative__will k the OW1 txooerly advised about such matt" The I Mesentativ4e dealnn�s oath subcontractors will only be through. or with. the full knowlgdW-. ni a rove CONI.I2ACTCilL "�� 9.3 �� duties anI Rcs,.pu�bilities I�gp� native will 9.3.2.1.Schedules - Review the txo¢res 19 schedule and other schedules prepared by the CONTRACTOR and consult_ with the EISGPNTER concerniriL acceptability. 9.3.__2__t _onferences__and A1xtirtw,=_Auend meetit _with the CONTRACTOR____ h as preconstruction conferences, progess, meetings and other 'ob ccnferertces and prepare and circulate copies of minutes of meetings, 9333 LiaisA)n 9-3?-31_-_--Serve as hNGiN'ERR'S liaison with CONTRACTOR, workioa rnincipanv through CONTRACTOR'S superintendent to assist the CON'1_RACrOR_in understanding the Contract Documents. 9,3:r.3:2. st in obta &am ' IyNER. additional details_ or intamatinrt when rewired for Proper execution of the Work 9.3 2.3.3. Adv t_;_,ONTRAt"rOR of the commencement of any_ Work Drawing -or iiv— _A_S saptplc submission d the submission hqq not heat approved by thc_INGINEF,It, 9,�,«.�.Re�ew_oJ�«'S�k, l?`S.1Seti�lof�efectiye Wglcjrq)ectiorvs and Tests - 9_3.2_4. I . Cattduct on•site obscstrations of the Work In fir r e to mLt the FN01NFFR in determining that the Work is jmcecdi in aocardarice with the Ccmrmct Documao 932 4.3. Acca?t�penX _7Ltinl3......itu�ectors represent= oubfic or other aeanct s having tuttstiicticai oveLft Pro ect record resu$s of thm inspections and report to the ENGINEER- 93.Z..5.Iriler�xe�alipn of Contrao.4 llocumems. _ Re�xtto ENGIIR when clarifications and interpretations of the Cantmd Documerus ware needed and ttttmmit to MNTRACTORZc1ali lien arid mpretatim of the Ctxitract Documents as i sued by the 9.3.2.6. Modi6attiins Consider rind valuate CONTRACTOR S suggestions far WDCOENEICAL CONDIMON51910,9 (1996 E"m) 20 wt (-71Y OF FORT o ()LLINS MODIFICATIONS p2EEV 4:'IOWI modification in DiawAn s or citieations and report these recommendttions to rNGLnrEL;R. Accurately trammulit to CONTRACTOR decisions issued y the LTNGIN�L_•_R, 9.32.7. Records. 9.3.2.7.3- Record names addresses_and tdcphoncnumhcrs_of all CON7R.1c'TORS subcontracters grid major suppliers of equipment and materials. 9 ,21.9 Reports. 9.3I 1 Fulnt t_ -NGiN ,LL lxt'i4iile repons,__as required,,_pl' the pre ess,c)f the Work_ ,and_ of _ the CQN ICTOR S cnllPpbmlee.. wlth_ttte progs�s_ s�hgdule._�Ad schedule of shop Drawing sampl and _e i"ittal�: 9:3 Z§.? ____C.cnstih__with _15NGR�>; li_ itt advance of scheeiutng_ mA�cm_.__�?'s inspections or"start of impoutmi abases of the Work 9,-3 -2 5 3. Draft -Proposed Charn a Orders and Wcxk__Daee,tve, „( hpr�os_,_ obtaining backup material Gom the CON'rRACfOR and recommend to ENULNEER_ Chanee Chclers. Work Dinh tive Crte haes and field Archers 912 Retxxt immediately to NGtNEER_and OWi\ K the occurrence of anan_y_agg>dern, 9 .. 9 Payment Regyests Review applicau for intent with CONTRACTOR for compliance wi Ui procedure for their submission and forward with recommendation to I LNEEK noting, particularly the relationsh of the Lrayment requested to the schedule,�of value work coimple� ed and materials andui_mnent olehvered at the site but not incorporated in the wWk - 9.3.2.10. Completion 9 3 " loa 1. Before ENGINEER issues , a Certificate of Substannal Completim suit to CONTRACTOR a_ list of observed items LWuing correction or completion. 9.3.210.2. Conduct final inspection in the company of the ENGINEER_ OWNER and CONTRACTOR andpxenare al list of items to ble corrected or completed. 9.3: 10.3. C�tnc'yrthat Al items un tle final list. have been corrected or cons pried and make recommendations _ to EI GIN�EER concerm an aegmtsnce 933' Limitation of Authority.._The Representative shall not 9,3 1. _Authorize „any deviations from the CIAMPI T)aumenis or accent ki Qul ttia matetiii pr_pquipet,!1. rt6..ualess,nuchptzasi...bv..dte ENGINEER,, 9.33 2. Execed Itnitadons of ENGINEER'S �S�Iy sass �t forth in the CanraM L)oct*merns 9,3.3.3. Undertake wry of_the_pcirpq biljties of the CeA f O-f6k Suborrntractnrc or C-QVIRAUQR:5.,-Sup�ri -mdeat 9-314— 1dYAs �a c_i to re4tia�>ays tam or_assume _,control wzr_ anv nspect__oC_tl�e mean % _.methods ___techijigi!es sequences or' specdivslly calleri for nine Cprtttact I7ocutnents; 9333.Advise on or _or issue directions p mutions eau oar. ams in ctmrtections with the 9�3.3�6. Aco:e�t Shop _Ikatvit�s_or �lJ'le submittals from anyone other iia the CONfRgCT, R — 9.3.3.7. Authorize OWNER to occupy Work in whole or inpart, 93.3.8. P>iplate in saciatized Geld nr labors tests nr ionsconducted b others e sped ca y_ sut}wrirxd the Clmi; fications and Interprehrrions. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the E)CDC(IENERALC01 XIIONS191P.8(1990Edtion) w! [31l" OF FORT ODLLINS MODIFICATIONS 0*,V 4 2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as i NGINEER 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 OlVNI?R 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 anv, OWNER or CONTRACTOR may make a written efairn therefor as provided in Article 11 or Article 12. Authmized t$riations in Work: 9.5. ENGINEER may authorize minor variations in the Weak fnLan the requirements of the Contract I umetits 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 he binding on OWNER and also can CONTRACTOR who shall perfamn 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 panics are unable to agree as m the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work 9A. 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 confomis 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 no 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 11 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 (try recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNS-R and CONTRACTOR. unless, within ten days alter the date of arty such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINIFER's decision and- (i) an appeal from ENGINTUR's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNIsR and CONTRACTOR Such appeal will nut be subject to the procedures of paragraph 9.11 Decisions on Di luitev.' 9.11_ ENGINEER %vill 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 tine interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim. dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) alter 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, to accordance with this paragraph. ENGINEERS written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: 6) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in WMIBIT GC -A, "Dispute Resolution Agreement% entered into between OWNER and CONTRACTOR pursuam to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal horn 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 format 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 ,� ErMe3E tEKA&CONDMOM 1910-90"0 Edam) ,� _2 W10TY OF FORT(A)LUNS MOU)1HCAT1ONSt71.F.-V4.2000) decision, to iess otherwise agreed in uniting by OWNER and CONTRACTOR_ 9.12. When functioning as interpreter and judge under paragraphs9.10 and 9.11. ENGINEER will not show rivhty, to OWNER or CONTRACTOR and will not Ile 'liable in connection with any interpretation or decision rendered in good faitb in such capacity The rendering of a decision by ENGNEER 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 he a conditionprecedent to any exercise by OWNER or CONTRACTOR of suds rights or remedies as either may otherwise have tinder the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter-pursuantteAruvle-16. 9.13. Limitations an E,WI EER's Authetiry and Regronsibitfties:• 9,13.1. Neither ENGINEF.R's authority or responsibility under this Article 9 or under any either provision of the Contract Documents nor any decision made by ENGINH --R 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 FNGMER 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 fox 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 CONTRACTOWs means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs mcidera thereto, or for any failure of CONTRACTOR to comply with Laws and Regulation applicable to the furnishing or petfomtanoe of the Work. ENGINEER will not be responstble 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 omLvA m of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or famishing any of the Wok. 9.13A. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, sdremults, guarantees, Bads 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 cement complies with the requirements of, and in the case of oxrtificatm of inspectuon4, twits and approvals that the results certified indicate compliance with, the Contract Documents 9.13.5. The iimitatios upon authority and responsibility set ionh in this paragraph 9.13 shall also apply to SNGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANCYS IN THE NVORK 10.1. Without invalidating the Agreement mid without notice to any surety. OWINMR may, at any time or from time to time, order additions, deletions cr 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 arty ((fork 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 tl� case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13 9. 10A. OWNER and CONTRACTOR shall execute appropriate Change Orders recvnmended 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 ur4er paragraph 13.13 or correcting defective Work under paragraph I3.14, or (iii) agreed to by the patties; 10.42 changes in the Contact 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 aril Regulations, but during any such CONTRACTOR shall carry on the Work and adhere to the Program 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 BJCDCOENERAL CONDITIONS 1910-3 t 19901ititian wit CITY OF FORT C17UAM MODIFICATIONS (REV 420t1a) (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 CONTRACTOlf's responsibility, and the amount of each applicable Bond will be adjustcd accordingly. ARTICLE Il-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 obti$aItoas ass��ggr pied to or undertaken by CONTRACTOR shall heat MOXIZACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order ar 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 evem 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 occturence or event (unless liNGINFF,R 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 Rice shall be dMiTri r od by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3- The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit Prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive), 11.3.2, where the Work involved is not covered by unit prices contained in the Contract Doc:tunents, 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 Document, and agreement to a lump star is not reacbed under pamgralih 11.3.2, on the basis of the Cast of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (detcnrr fined as provided in paragraph 11.6). [bat of the Work 11 A. The tern Cost of the Work means the suns 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 O\ANNER, such costs shalt he 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 trader schedules of job classifications agreed upon by OWNER and CONTRACTOR Such employees stall include without limitation superintendents. foremen and other personnel employed full-time at the site. Payroll oats for employees not employed firll4ime on ttte Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall incltade but-w be limited for salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment excise and payroll taxes, workers' compensation health arat fehmnent benefits;- bennuses, applicable thereto. The expenses of performing 1Vork after regular workinng haul, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cosa of all materials and equipment furnished and ittaorporated in the Work, including costs of transportation turd storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR fatless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade ciscoumts, rebates and refiunds and returns from sale of sturpltus materials and equipment shall accrue to OWNER, rand CONTRACTOR shall make provisons :sob 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, ` 4 F.rcbeaENEMCOFrotnor 191"(199osftai) wf UTY OF FORT C ULLINS MODIFICATIONS (REV A2000) 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 Wok and fee shill be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11 A, 11.5, 11 6 and 113. 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 cngincers, architects, testing laboratories, surveyors, andancys and accountants) cmphrved for services specifically related to the Work. 11.4.5. Supplemental cents 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 S 2_ Cast, 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 consrmned in the performance of the Work, and cost less market value of such items used but not oontsumed 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 artd the coats of transponatiom loading, unloading, installation dismantling and removal thereof —all in accordanoc 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. 11.4.5A. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is Gable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subbccdxilractdx or anyone directly or indirectly employed by any of them or for whose acts any of them may be liablc, and royalty payments and fees for permits and licenses. 11.4.5A 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 perlirniance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted From causes other than the negligence of CONTRACTOR, any Suboxntractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable Such losses shall include settlements made with the written consent and approval of OWNER. No such lasses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's £ee. It 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 'Me 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 11459, 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 anv of the following: 11.5.1. payroll costs and other compensakin of CONTRACTOR's officers, executives, principals (of partnership and sole pxoprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timcke'pers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTORSs principal or a branch office for general administration of the Work and atof specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by partgraph 11.4.4—at of which are to be considered administrative costs covered by the CONTRACTOWs fee. I [.5 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTORS 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 delinquentpaymerts. 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 in it>isin the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). ER'DC t3ENERAL C0NDI710NS 191" (1990 Eritim) w/ (1 IY OF FORT CUMANS MODIFICATIONS (REV 4,2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone dim -fly or indirectly employed by any of them or for whose ads any of them may be liable, including but not limited to, the correction of defective Work. di. sal of materials or equipment wrongly supplied and making good any damage to property. 11,5,5, Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph I 1 A 11.6. The CONTRACTOR's fee allowed to CONTRACTOR fur 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 Cog of the Work: 116.2.1, 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 casts incurred under paragraph 11.4.3, the CONTRACTOR'% 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 casts incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 mid that any, higher tier Subcontractor and CONTRACTOR will each be Paid afee-af-fiver-per.tt of tlta atmxtnt-paid to diek+wer tierSulx attttaetorg to be_ntgotiatgd llt.&o4Sl_fEi"tft...W,4�1.d11@ Q.�.�Sr,1.119i.10 �`S4i five.ppreent of the amount paid ttfthe tx t lowef tieS.$u124�: 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; 11.6.25. 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 CONTRACTORS 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 ate chatve, the adjustment to CONTRACTOR' fee shd be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.1 Whenever the cast of any Work is to he 25 determined pursuant to paragenphs 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 ENGT NTEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to Ott Nd6R and ENGINEER CONTRACTOR agrees that: 11.8.1. the allowances include the cast v) 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 etmtemplated 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 he valid Prior to final payment, an appropriate Change Order will be issued as recommended by I-NGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall he correspondingly adjusted. 11.9. UnirPrice Arark- 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 surn 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. Deteunimations of the actual quantities and classifrcatiom of Unit Price Work performed by CONTRACTOR will be made by ENGINEER th accordance with paragraph 91 P. 11.9.2. Eadi 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. 11.93, OWNER or CONTRACTOR may make It claim for an adjustment in the Contract Price in accordance with Article i i if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 26 ercDC. oetEtty.COND111om1910-sarw>;dtim) wi On OF FORT CY-)ti.l NS MODIFICATIONS (RE?V 4,7000) and 11.9.3.2. there is no corresponding adjustment with respect to any caller item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contact Price as a result of having incurred additional expense or OWNER believes that OWNIaZ is entitled to a decrease in Contract Pnee and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid. cr_ cha%c ��traarHitics at OWNER'S sole diwircuun without afredmg the Contract Price of any remaining item so long as the deletion or uckhtnxp„dogs nut exceed Iwy&*-fivp mrccut of the origmal total Contract Price. AR'rfcl,B 12—CHA•NC E OYCONTRACT 11 M ;S E! I. The Contract Times (or Milestones) may only he changed by a Change Order or a Written Amendment. Any claim feu an adjustment of the Contract Times (or Milesu>t es) shall be based on written notice delivered by the party making the claim to the other parry and to FNGiNF%R 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 Mall be delivered within sixty days alter such occurrence (unless M:NGINHER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is ertified 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 paragraph9.11 of OWN M- 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 than control of CONTRACTOR, the Contract Tithes (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 Paragre 121. Delays beyond the control of CONT CTOR shall include. but not be limited to, acts of 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