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HomeMy WebLinkAbout262891 ADDISON CONSTRUCTION - CONTRACT - BID - 5982 SUBSTATION LIGHTNING TOWERSPECIFICATIONS a CONTRACT DOCUMENTS FOR Substation Lightning Tower Installation BID NO. 5982 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS June 27, 2006 — 2:00 P.M. (OUR CLOCK) such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Puestions 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. 5.1. All questions concerning the scope of this prohect should be directed to the Engineer. Puestions regarding submittal of bids should be directed to the City of Eort Collins Purchasing Division. 5.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.3. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 5.0 BID SECTRITX 5.1. 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 cashiers check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be evecuted by a surety meeting the requirements of the Feneral Conditions for surety bonds. 5.1. The Bid Security of the successful Bidder will be retained until such Bidder has evecuted the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to evecute 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. 12/03 Section 00100 Page 3 Receipt and Application of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers a: if required : Tlm '-. - -- ". L 91te_es 11S5TrED ....��.i....:..... Cioftttaproper peFfarmanee of suehiluties. Acceptance of Bondy and Insurance; option to Replace: 5.14. If either patty // AWJED e_ G(99T'1`D ACTOR) OWNER has any objection to the coverage afforded by or other provisions of the Per&-er insurance required to be purchased and maintained by the CONTRACTOR in accordance with Article 5 on of non-conformance with the Contract Documents, the ebjeetin rty OWNER will notify CONTRACTOR in writing within tent fifteen days after rase. delivery of the certificates (efeF}iar �idenae requested) to OWNER as required bye paragraph 2.7. O.i TrMR n ...: .... .., the provided as the edw may reasombly request. if either by the CentFac such par�-p o the other part), in eh failwe4e _eha ui- �f tic. the udiCe tetmyoHier-right at to ;' Finaso.�"-u'muuna-iv �rzwccisu-, e'. er _`vrsrcv'9 interests at oevonige, and a Charge QFd0F shall be Partial fJtlGlation--Propertylnsuranee: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EICDC GENERAL CONDITIONS 1910-8 (1990 Editiaa) w! CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with. paragraph 14.101 Cvided that no such use or occupancy shall commence ore the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a speck means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materials and. Equipment. 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the {Fork as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNERS written consent given after prior written notice to ENGINEER, CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday. Sunday, Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasinp and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made n cement kilns thaz bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragmph2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with. Article 12. 6.7. Substitutes and "Or-Equal"Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description 12 E]CDC GENERAL CONDITIONS 1910-8 (1990 Ed tim) wJ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Or -Equal". If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determ ine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estunate 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 by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1,2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER'S prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.8. Concerning Subcontractors, Suppliers and Others- 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC GENERAL CONDITIONS 1910-8 Q 990 E(Slim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 6_9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting'. The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. if the Suppl.men.t r G,...,rt Biddng Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to tarnish the principal items of materials or equipment) to be submitted to OWNER in-advarx-e--ef--the speeifed date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER--iawd— f CONTRAGTGR r. submitted a list dweef aeeeFdance with the Supplementary Conditions, OWNE,R's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of identified _ 1__ _yelied _ wfiw _ _ haqksf-reasonable abjeetien-efer due investigation, in which case GONTRAGTnn ..1...1� ll submit AR adjusted L. «_pre he di--erence-;; the east Beeasieried by sugh. subst4utiAn And an NYC aYiate '_O-J Orde will be issued _ \S I_:tt__�mm mor_sngne& will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other Nrsons or organization on the Work unless prior written approval is obtained from OWNER and ENGINEER No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or oreanization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Atmlications for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. �A_.— provided --in Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, casts, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. 14 EJCDCGENERAL CONDITIONS 1910-8(1990Etlitim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist. CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom, however, it shall not be CONTRACTORS primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.L OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently ncorporated into the project. Said taxes shall not be included in the Contract Price Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver. Colorado, 80261 Sales and Use 'Faxes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Prenuses. 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas Identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claan be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any marmer that will endanger the structure, nor. shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edirim) W CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 6,20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or ornissions of OWNER or ENGINEER or ENGMER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 EJCDC GENERAL CONDITIONS 191" (1990 E(itiat) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Slap Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and b"ompatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident. thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.2T ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER its required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. COA'TRRCTOR's General Warranty and Guarantee: 630,1.CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be ckfective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or nnproper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers, or 6.30.1-1 normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim) w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3, the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of *fective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, raising out of or resulting from the performance of the Work, provided that any such claim, cost, lass or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnifted party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTBE4R WORK Related Work al Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (fi) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR &ball not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 18 EJCDC GENERAL CONDITIONS 1910-8(1990ENLim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER'and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordtradon: 74. 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 responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer ageinsE whom CONTRACTOR fnakes no Feasem whose status under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall .furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 mid 4.4. Paragraph4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER. in preparing the Contract Documents. 8.5. (3\ IER's reapansibil:tiss in resp ,M of PUFGhe and faaintamiRg liability and pFepefty in%ffiaiee are se ugh-3-i-a: 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR'' failure to perform or furnish the Work in accordance with the Contract Documents. _ -- - - 11111FiilFltltll:1,7. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OW1VI R'sRepresentative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Irsits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EICDC GENERAL CONDITIONS 191 M (1990 Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the Invitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR'' means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER wilt furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 mid m the Supplamentaiiy &andk ring of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the SuMentaitairy Ganditie parauaoh 9.3 9.3.1. The Representative's dealings in matters pertaining to the on -site work will, in general be with the ENGINEER and CONTRACTOR. But. the Representative will keep the OWNER properly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR 9 3 2 Duties and Responsibilities Representative will: 9.3.2.1.Schedules Review the xl opress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2. Conferences and Meeting - Attend mee with the CONTRACTOR such as preconstruction conferences- progress meetings and other job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEFWS liaison with CONTRACTOR, working principally through CONTRACTORS superintendent to assist the CONTRACTOR in understandine the Contract Documents. 9.3;2.3.2. Assist in obtaining from OWNER additional details or information, when required, for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing_or sample submission if the submission has not been approved by the ENGINEER 9.3.2.4.Review of Work. Rejection of Defective Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determin ng that the Work is procced ng in accordance with the Contract Documents. 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project record the results of these inspections and report to the ENGINEER. 9.32.5. Int=etation of Contract Documents. Relport to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER 9.3.2.6. Modifications. Consider and evaluate CONTRACTORS suggestions for 20 EICDC GENERAL CONDITIONS 19I0-8(1990 Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and report these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.7. Records. 9.3.2.8. Reports. 9.3.2.8.1. Furnish ENGINEER periodic reports, as required- of the progress of the Work and of the CONTRACTORS compliance with the ro ess schedule and schedule of shop rawina and sample submittals. 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests. inspections or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Changes. obtaining backup material from the CONTRACTOR and recommend to ENGINEER Chan Orders, Work Directive Chanties and field orders 9.3.2.8.4, Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Payment Requests Review applications for Ruyment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to 7.0 CONTRACT TIME. The number of days within which, or the date by which substantially complete and also completed and ready (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. the Work is to be for Final Payment 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 12/03 Section 00100 Page 4 ENGINEER noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Completion 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items requiring correction or completion. 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and pLeWre a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning accepmnce. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or MiWent unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR. Subcontractors. or CONTRACTOR'S superintendent. 9.3.3.4. Advise on or issue directions relative to, or assume control over any ascect of the means, methods techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9.3-3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anvone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to ccup�L c Work in whole or in part. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others except ssspspemfically authorized by the ENGINEER. Clarifications and Interpretations: 9A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910-8 (t 990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Tines and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or Article 12. Authorized Variations in Work: 95. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These maybe accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderjustifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or 12. Rejecting Defective Work. 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9:7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment., see Article 14. Determinations for Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes.- 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in MHEIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEERS written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 EICDC GENERAL CONDITIONS 1910-8(1990V.diLim) w' CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) decision, unless otherwise agreed in writing by OWIN'ER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to .any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws. or Regulations in respect of any such claim, dispute or other matter Y .-m.,..,� z 9 &6e �.A & e 9.13. Limitations on ENGINF-ER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or famish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN TIE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.1 changes in the Contract Price or Contract Times which are agreed to by the parties, and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EICDC GENERAL CONDITIONS 1910-8 (1990 Edificm w/CITY OF FORT COLLINS MODIFICATIONS (REV 412000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment, Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11 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 Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work. 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; but net be lim ited to salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health altd retirement benefits bentrses; applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.43. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, 24 EJCDC GENERAL CONDITIONS 1910.8(1990Editim) wi CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and tee shall be .determined in the same manner as CONTRACTOWs (Jost of the Work and fee as provided in paragraphs l l.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testis laboratories, surveyors, attorneys and accoun[anIS employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.1.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Lasses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and famishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2, 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attomeys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC GENERAL CONDITIONS 1910-8 (1990 EChtim) w/ aTY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be detennined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2, for costs incurred under paragraph 11.4.3, the CONTRACTORS fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee -of —five pare— of'- amount paidte the t-lawer4w—Subeorltraetew, to be negotiated in a faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6 when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs l l.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Rice and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work.- 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Rice will be deemed to include for all Unit Rice Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.92. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Rice in accordance with Article 11 if 11.9.3.1. the quantity of any item of Unit Rice Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 26 E]CDC GENERAL CONDITIONS 1910-8(1990E(idar) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) and 11.9.3.2, there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11 9 3 4 CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change ouantifies at OWNER'S sole discretion without affecting the Contract Rice of any remaining item so long as the deletion or adslmon does not exceed twenty-five Mrcent of the original total Contract Price ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph9.11 rf OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Doctinents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in Paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Accessio Work: 13.2. OWNER, ENGINEER, ENGINEERS Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonablefor their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tesisandlnspections 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.41. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC GENERAL CONDITIONS 1910-9 (1990 ENtim) W! C1TY OF FORT COLLINS MODIFICATIONS (REV 4l2000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shalt pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER'S acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEE& it must, if requested by ENGINEER, be uncovered for ENGINEERS observation and replaced at CONTRACTOR'S expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12, OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to famish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other patty. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement.of work of others). 13.12. Correction Period: 13.12.1. If within one yea two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Am endment 13.12.3, Where defective Work (and damage to other 2S WDC GENERAL CONDITIONS 1910-8(1990Editial) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ane year two years after such correction or removal and replacement has been satisfactorily completed. Acceptance ofDefeefive Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER'S recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercisee the rights and remedies under [his paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to Protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retamage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subied to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship. By executing the application for payment form the CONTRACTOR extxessly waives his ri¢Int to the benefits of Colorado Revised Statutes, Section 24-91-1Ol et seq. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApplieations for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 1910-8 (1990 Edidm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEEWs recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge; information and belief. 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a fatal determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (n) that there may riot be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEERS opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's perfomiance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER 30 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Wok after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ti) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.].OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if 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 12/03 Section 00100 Page 5 CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion. of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or rem edy such deficiencies. Final Application for Paym ent.- 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 sp inection, marked -up record documents (as provided in paragmph 6.19) and other documents, CONTRACTOR may make application for fatal 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, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may 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 tiled, and (ii) all payrolls, material and equipment bills, and other indebtedness corrected with the Work for which OWNER or OWNERSs property in ight in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EJCDC GENERAL CONDITIONS 1910-8 (1990 Erfitim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of [he OWNER'S standard forms bound in the Proiect manual. Final Payment andAceeptance: 14.13. If, on the basis of ENGINEEWs observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections acid resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to arragrranh 17.6.2 of these General Conditions. 14.14. If; through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retairmge stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terns and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of find payment will constitute. 14,15.1. a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER Map Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid ,32 EJCDCGENERAL CONDITIONS 1910-8(1990E(itim) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order; provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where C:ONTRACTOR's services have been so terminated by OWNER, the tennination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including inteaest thereon The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9. 10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to m the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. E1CDC GENERAL CONDITIONS 19I0-8 (1990 6dtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV AQ000) 1 T2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other patty's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations orrepose.Cumuladve Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the watratities, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the tights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Include& 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be In ited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to the reement. Reference to two pertinent Colorado statutes aze as follows 17.6.2. If a claim is filed. OWNER is required by law (CRS 38-26-107) to withhold from all oavments to CONTRACTOR sufficient funds to insure the uayment of all claims for labor. materials, team lore, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 subcontractors m or about the performance of the Work. Such funds must be withheld until said claims have been paid or such claims as filed have been withdrawn such payment or withdrawal to be evidenced by filing with OWNER a receipt in full or an order for EJCDC GENERAL CONDITIONS 1910-8 (1990 Edictal) 34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (This page left blank intentionally.) OCDC GENERAL CONDITIONS 1910-8 (1990 Edtiat) 35 w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 42000) ,�� EICDC GENERAL CONDITIONS 1910-8(1990Editimi) w/ OI TY OF FORT COLLINS MODIFICATIONS (REV 42000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11, and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of, limitations. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of, any of them) who is not a party to this contract unless: 16A.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which w ill arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER'S Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having Jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediationunder this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. E1CDC GENERAL CONDITIONS 1910-5 (1990 Editim) GC -Al w/ CITY OF FORT COLLINS MODIFICATIONS (RFV 9/99) EICDC GENERAL CONDITIONS 1910-8 (1990 E(ilim) w/ CITY.OF FORT COLLINS MODIFICATIONS (REV 9/94) GC -Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Geotechnical Investigation for Substation Lightning Towers' Smith Geotechnical Project NO 06.007 May 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 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. 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. 12/03 Section 00100 Page 6 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule five (5) days lost due to abnormal weather conditions. 7/96 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Bid 5982 Substation Lightning Tower Installation CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: 9/99 Section 00950 Page 1 NUMBER 1 2 3 co.-r;,,n nnacn APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract DATE Net Change by Change Order AMOUNT $0.00 The present status of the account for this Contract is as follows: Original Contract Amount: Net Change by Change Order: Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. I Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: $0.00 $0.00 $0.00 J„ �� Section UUy6U Page 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 -$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 3 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 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 PART 1 - GENERAL REQUIREMENTS Section 1A - GENERAL REQUIREMENTS 1A.1 GENERAL This section covers the general requirements for the equipment, materials and services included under these specifications. 1A.2 CORRESPONDENCE All correspondence shall be addressed to the Owner as follows: City of Fort Collins Utilities 700 Wood Street P.O. Box 580 FORT COLLINS, COLORADO 80522-0580 ATTENTION: Matt Haag Letters of transmittal shall accompany all submittals of engineering data. All correspondence and drawings shall be identified with the project name, Owner's contract number, and Contractor's job number. 1A.3 PRE -CONSTRUCTION CONFERENCE Prior to the start of construction, the Owner will hold a pre -construction conference at the office of the Owner to review matters relative to the performance of this contract. The Contractor, the Contractor's superintendent for this project, and the Contractor's personnel responsible for ordering Contractor furnished materials for this project shall attend this conference. 1A.4 DRAWING AND ENGINEERING DATA REQUIREMENTS 1A.4.1 Submittal of Drawings and Engineering Data Drawings and other engineering data for the specified equipment and materials are essential to the design and subsequent construction of the project. The Contractor will be required to submit drawings and engineering data in accordance with the requirements specified in Article 1A.4 and the schedule specified in Article IA. 11 to assure compliance with the overall construction and operating schedule. 1A.4.2 Review of Drawings and Engineering Data The Owner's review of drawings and engineering data will cover only general conformity of the drawings and data to the specifications and documents, external connections, interfaces with City of Fort Collins Power & Light-06.007 IA-1 equipment and materials furnished under separate specifications, and dimensions which affect plant arrangements. The Owner's review does not indicate a thorough review of all dimensions, quantities, and details of the equipment, material, device, or item indicated or the accuracy of the information submitted; nor shall review by the Owner be construed as relieving the Contractor from any responsibility for errors, omissions, or deviations from the requirements of the contract documents. All engineering data submitted, after final processing and acceptance by the Owner, shall become a part of the contract documents and the work indicated or described thereby shall be performed in conformity therewith, unless otherwise required by the Owner. 1A.4.3 [This Section Not Used] 1AAA Drawing Requirements All drawings shall be in accordance with the following requirements. 1A.4.4.1 General Final drawings are to be submitted on paper copies and electronically to the Owner in Portable Document Format (PDF) or in AutoCAD (DWG) format. Drawings shall be in sufficient detail to indicate the kind, size, arrangement, weights of each component, electrical characteristics, and operation of component materials and devices; the external connections, anchorages, and supports required; the dimensions needed for installation and correlation with other materials and equipment. Certified drawings only shall be submitted unless a requirement for preliminary drawings is specifically stated in the drawing submittal schedule. Such requirement shall not preclude the Contractor from submitting certified drawings in lieu of preliminary drawings. "Preliminary" drawings shall mean drawings not fully completed or approved by the Contractor; however, they shall be reasonably complete and suitable for the Owner's use in establishing basic plant arrangements and design requirements. Preliminary drawings shall be clearly stamped "Preliminary." Preliminary drawings will not be reviewed by the Owner; however, the Owner will advise the Contractor of any discrepancies or conflicts which he may discover in the reference to the drawings. "Certified" drawings shall mean drawings fully completed and certified by the Contractor as to the compliance of the information contained thereon with the requirements of these specifications. Certified drawings shall be clearly stamped "Certified" or shall have title block entries clearly indicating the drawing is certified. Certified drawings will be reviewed by the Owner and processed as specified in this Section IA.4.4.3. Each drawing submitted shall be clearly marked with the name of the project, the unit designation, the contract title and number, and the Contractor's name. If standard drawings or City of Fort Collins Power & Light-06.007 lA-2 catalog cuts are submitted, the applicable equipment and devices furnished shall be clearly marked on the front of each drawing. When the specification requires furnishing equipment and materials for more than one project, the Contractor shall furnish separate and complete drawings for each project site in accordance with these specifications. No common drawings are allowed. Prints shall be black line on white background or blue line on white background. Print size shall not exceed 24 inches by 36 inches unless, due to the size of the equipment, larger drawings are necessary. Larger drawing sizes shall not be used without the approval of the Owner. All drawings shall be suitable for microfilming. Drawing and lettering practices shall be in general accordance with the requirements of Military Standard Engineering Drawing Practices, MIL-STD-10013. Drawings submitted which are not suitable for microfilming will not be accepted. 1A.4.4.2 Drawing Types Required The drawings and information required to be furnished by the Contractor is listed in each section of Technical Requirements. 1A.4.4.3 Drawing Processing A copy of each drawing reviewed will be returned to the Contractor as stipulated herein. Copies of drawings returned to the Contractor will be in the form of a print with the Owner's marking. No work shall be performed in connection with the purchase or installation of equipment and materials until the drawings and data, therefore, have been reviewed by the Owner except at the Contractor's own risk and responsibility. Drawings reviewed by the Owner will be returned to the Contractor marked RETURNED FOR CORRECTION, EXCEPTIONS NOTED, NO EXCEPTIONS NOTED, or RECEIVED FOR DISTRIBUTION. The Contractor shall make all required corrections to the drawings and resubmit the required number of prints to the Owner no later than the date indicated in the Owner's drawing transmittal letter. Each time a drawing is revised an appropriate revision number and note shall be added to that drawing. RETURNED FOR CORRECTION (RFC) means that the drawing must be revised in accordance with the Owner's notations and all work represented by the drawing must cease until the revised drawing has been resubmitted, reviewed by the Owner, and returned to the Contractor marked EXCEPTIONS NOTED, NO EXCEPTIONS NOTED, or RECEIVED FOR DISTRIBUTION. EXCEPTIONS NOTED (EN) means that the drawing must be revised in accordance with the Owner's notations and resubmitted. Work represented by the drawing may proceed but it must be in accordance with the Owner's notations. City of Fort Collins Power & Light-06.007 IA-3 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 12/03 Section 00100 Page 7 NO EXCEPTIONS NOTED (NEN) means that the Owner has no specific objections to the drawing at this time. Work may proceed with the understanding that the design process may require drawing revision at a later time. RECEIVED FOR DISTRIBUTION (RFD) means that the Owner has not reviewed the drawing but that the drawing is required for the design process and has been included in the drawing file. If drawing revisions occur during the course of the contract, the Contractor is obligated to submit revised copies to the Owner in order to keep the drawing file current. Initial drawing and data submittals by the Contractor shall be three (3) copies of each. When the drawings and data are returned by the Owner marked RETURNED FOR CORRECTION or EXCEPTIONS NOTED, the corrections shall be made by the Contractor as noted thereon and three (3) copies of the corrected drawing shall be resubmitted to the Owner. When the drawings are returned marked NO EXCEPTIONS NOTED or RECEIVED FOR DISTRIBUTION, such drawings shall be considered final and the work shall proceed in accordance therewith. The Owner will retain 2 copies of the drawing, one for themselves and one for the Engineer. If changes are made at the project site to the equipment to correct for manufacturing errors, due to design changes or wiring revisions; revised drawings indicating the changes made shall be sent to the Contractor by the Owner. Contractor shall revise the drawings with changes and submit five (5) of each drawing furnished by the Contractor for this contract. 1A.6 RECEIVING AND HANDLING 1A.6.1 Contractor -Furnished Equipment and Materials The Contractor shall be responsible for the prompt unloading of all equipment or materials to be furnished under this contract and shall pay all demurrage incurred. The Contractor shall handle all equipment and materials carefully to prevent damage or loss. The use of bare wire rope slings for unloading and handling materials and equipment is prohibited except with the specific permission of the Owner. 1A.6.2 [This Section Not Used] IA.7 STORAGE Contractor shall assume responsibility for and protect all equipment and materials during the storage period in accordance with the manufacturer or supplier's recommendations. Stored equipment and materials shall be adequately supported and protected to prevent damage. Equipment shall be moved to its permanent location as soon as construction will permit. Stored equipment and materials shall not be allowed to contact the ground. City of Fort Collins Power & Light-06.007 IA-4 All openings in equipment and piping not stored under weatherproof covers shall be closed to prevent entrance of dirt or moisture during storage. All platforms, enclosures, shoring and weatherproof coverings for storage use shall remain the property of the Contractor and shall be removed upon completion of the work. All storage methods and schedules shall be acceptable to the Owner. 1A.8 [This Section Not Used] 1A.9 CONSTRUCTION SAFETY The Contractor shall furnish all necessary safety equipment required for performance of the work and shall be responsible for persons on the work site. The Contractor shall contact the Owner before starting work inside an energized substation or near buried power cables or equipment. The Contractor shall be responsible for maintaining proper electrical clearances from energized lines and equipment and shall request clearances from the Owner for work that impedes safe working distances. 1A.10 CONSTRUCTION SERVICES This section covers the requirements for construction services to be provided by the Contractor in the performance of the Work. 1A.10.1 Construction Plant and Temporary Facilities The Contractor shall furnish all construction plant and temporary facilities which are required for performance of the Work but which will not be incorporated in the completed Work. All temporary structures and facilities furnished by the Contractor shall remain the property of the Contractor. When the work is completed, all such temporary structures and facilities shall be removed from the site and the area restored to a satisfactory condition. All construction plant and facilities shall be in sound condition, of the proper type and size to adequately perform the Work, and shall be regularly and systematically maintained throughout the Work to ensure proper, efficient operation. Plant and facilities that are inadequate or improperly maintained shall be promptly modified, repaired, or removed from the site and replaced. 1A.10.2 Temporary Structures Temporary structures for offices, change houses, warehouses, and other uses for the Contractor or the Contractor's subcontractors, shall be provided by the Contractor using materials, design, and construction acceptable to the Owner. Suitable construction trailers may be used in lieu of temporary structures. City of Fort Collins Power & Light-06.007 IA-5 Temporary structures or trailers shall be placed only in locations assigned by the Owner. 1A.10.3 Construction Utilities Construction utilities shall be provided by the Contractor as specified herein. 1A.10.3.1 Telephone The Contractor shall arrange and provide for the Contractor's own telephone service. 1A.10.3.2 Compressed Air The Contractor shall provide all air compressors, fuels, lubricants, hoses, piping, and other apparatus required for supplying compressed air for prosecution of the Work. 1A.10.3.3 Construction Power The Contractor shall be responsible for obtaining temporary construction power to be metered at the Contractor's expense. Temporary power facilities shall conform with applicable safety and code requirements, shall be constructed and located to provide proper clearances and minimum interference with construction activities, and shall be acceptable to the Owner. All temporary wiring in the yard area shall be placed underground at a minimum depth of T-0" below grade with at least 4 inches of sand cover on all sides of grouped conductors. Underground cable shall be NEC Type USE. 1A.10.3.4 Temporary Lighting The Contractor shall furnish and install all temporary lighting required in the prosecution of work. Conductors shall be not less than 12 AWG copper and insulated for 600 volts. A fuse shall be provided for the protection of each circuit. 1A.10.3.5 Welding Facilities The Contractor shall furnish all welding machines and welding equipment required for the Contractor's work. Electric power may be obtained from the construction power source or from engine -driven welding machines. The Contractor shall furnish all fuel required for engine - driven machines. City of Fort Collins Power & Light-06.007 1A-6 1A.10.3.6 Water The Contractor shall provide the Contractor's own water for construction and drinking. Piping, valves, and hoses shall be provided as required for construction distribution. Drinking water facilities shall include coolers, cups, cup dispensers, and disposal receptacle. 1A.10.3.7 Heat The Contractor shall provide all heating facilities required for the efficient performance of the Contractor's work, and as required to prevent freeze damage to equipment under the Contractor's custody. The method of heating shall be acceptable to the Owner. Open fires, or other methods that constitute a hazard to personnel or property shall not be used. All heating equipment shall be provided with adequate safeguards. 1A.10.3.8 Sanitary Facilities The Contractor shall arrange and provide for the Contractor's own sanitary facilities. 1A.11 CONSTRUCTION SCHEDULE. 1A.11.1 General This section covers the schedule and scheduling requirements for performance and completion of the Work under these specifications and documents. 1A.11.2 [This Section Not Used] 1A.11.3 Contractor's Detailed Schedule Within 15 days after receiving the Owner's Notice to Proceed, the Contractor shall submit a detailed construction schedule. The detailed schedule shall be based upon the dates specified in the construction schedule included herein. The detailed construction schedule shall be in bar graph form acceptable to the Owner. The detailed construction schedule shall contain all activities of the construction plan, including acquisition and installation of special materials. For all materials fabricated or supplied by the Contractor especially for this project, the schedule shall include the sequence of activities including issuance of purchase orders, preparation of shop drawings, fabrication, and delivery. Each activity shall be identified on the schedule by a descriptive title and shall be assigned an estimated number of working days required and an expected completion date. The Contractor is responsible to determine the sequence and time estimates of the detailed daily construction activities; however, the Owner reserves the right to require the Contractor to modify any portion of the schedule the Owner determines to be impractical, infeasible, or unreasonable, City of Fort Collins Power & Light-06.007 IA-7 and as required to coordinate the Contractor's activities with those of other contractors, and to assure the completion of the Work by the stipulated date. Schedules returned to the Contractor for revision or correction shall be resubmitted for review within 15 calendar days. Upon acceptance by the Owner of the detailed schedule of activities, the Contractor will be responsible for maintaining such schedule. Each month the Contractor shall submit a complete list of all deviations from the detailed construction schedule to reflect the actual progress of the Work, together with the Contractor's proposed actions to alleviate any delays caused by the deviations. City of Fort Collins Power & Light-06.007 IA-8 Section 2A - EARTHWORK This section covers excavating, hauling, stockpiling, spoiling, mixing, blending, placing, wetting, compacting, and other earthwork procedures required for installation of the structures. All structures shall be constructed to the lines, grades, and details indicated on the Drawings or as otherwise directed by the Engineer. 2A.2. FREEZING WEATHER RESTRICTIONS Backfill of new structures shall not be performed during freezing weather except by written permission of the Engineer. No fill materials shall be placed on frozen surfaces. Frozen materials, snow, or ice shall not be placed in the fill. Structures shall not be placed on frozen subgrades except by written permission of the Engineer. 2A.3. SHEETING AND SHORING Except where banks are cut back on a stable slope, excavations shall be properly and substantially sheeted, braced, and shored, as necessary, to prevent caving or sliding and to provide protection for workmen and the work. Sheeting, bracing, shoring, or trench boxes shall be designed and built to withstand all loads that might be caused by earth movement or pressure, and shall be rigid, maintaining shape and position under all circumstances. Hazardous and dangerous conditions shall be prevented and the safety of personnel shall be maintained. 2A.4. REMOVAL OF WATER The Contractor shall provide for and maintain adequate dewatering to remove and dispose of all water entering excavations or other parts of the work. Each construction area and excavation shall be kept dry during subgrade preparation and continually thereafter until the construction required therein is completed to the extent that no damage from hydrostatic pressure, flotation, or other cause will result. All construction areas and excavations which extend down to or below static ground water elevations shall be dewatered by lowering and maintaining the ground water surface beneath such excavations. Surface water shall be diverted or otherwise prevented from entering construction areas and excavations to the greatest extent practicable. 2A.5. SITE PREPARATION Ground surfaces within the construction areas shall be cleared of all trees, brush, debris, and surface City of Fort Collins Power & Light — 06.007 2A-1 vegetation. Stumps and roots larger than 2" in diameter shall be completely grubbed and removed. Matted roots shall be removed regardless of size. Surface vegetation shall be removed complete with roots to a depth of not less than 4" below the ground surface. All combustible and other waste materials shall be removed from the construction areas and disposed of by and at the expense of the Contractor. Open burning is not permitted at the site. Aggregate surfacing within the construction areas shall be removed and stored on site for later replacement. 2A.6. MAINTENANCE OF TRAFFIC The Contractor shall conduct the Contractor's work so as to interfere as little as possible with the Owner's operations and the work of other contractors. Whenever it is necessary to cross, obstruct, or close roads, driveways, parking areas and walks, the Contractor shall provide and maintain suitable and safe bridges, detours, or other temporary expedience at the Contractor's own expense. In making open cut road crossing, the Contractor shall not block more than one half of the road at any time. 2A.7. BLASTING No blasting or other use of explosive for excavation will be permitted for any of the onsite excavations or construction. 2A.8. CLASSIFICATION OF MATERIALS Soil identification shall be in accordance with ASTM D2487. Identification and classification of materials will be based upon visual examination and simple manual tests performed under the direction of the Engineer by an independent testing laboratory. If visual examination and manual tests. are inadequate for the required identification and classification, the Engineer will require the testing laboratory to determine definite index properties of the questionable material. 2A.9. UNAUTHORIZED EXCAVATION Any material excavated below the elevation or otherwise beyond the limits indicated on the draw- ings, unless otherwise authorized by the Engineer, shall be replaced and compacted to the density indicated in 2A.25. The unauthorized excavation of material and subsequent replacement and compaction shall be by and at the expense of the Contractor. 2A.10. STABILIZATION Subgrades for structures, fills, and backfills shall be firm, dense, and thoroughly compacted and consolidated; shall be free from mud and muck; and shall be sufficiently stable to remain firm and intact under the feet of the workmen or equipment in use. City of Fort Collins Power & Light — 06.007 2A-2 Subgrades for structures which are otherwise solid but which become mucky on top due to construction operation shall be covered with two to four inches (2"-4") of gravel by and at the expense of the Contractor. The finished elevation of stabilized structure subgrades shall not be above the subgrade elevations indicated on the drawings. Stabilization material shall be utilized where necessary and shall be approved by the Engineer. This material shall generally be minus 4-inch granular material except in areas where the migrations of fines into the stabilization material would be unacceptable. In these areas, a layer of filter sand or gravel or geotextile filter fabric may be required. 2A.11. PROTECTION OF UNDERGROUND CONSTRUCTION The Contractor shall locate, protect, shore, brace, support, and maintain all existing underground pipes, conduits, drains; and other underground construction which may be uncovered, damaged or otherwise be affected by the work. 2A.12. TEMPORARY TOPSOIL STOCKPILE — This Section Not Used 2A.13. BORROW AREAS No borrow material is available. 2A.14. SPOIL MATERIAL Material that is unsuitable for use in the required fills shall be removed from the site and disposed of by the Contractor. 2A.15. STRUCTURE FOUNDATIONS AND BACKFILL This section covers earthwork required for construction of all structures including excavation, subgrade preparation, structural fill, and backfill. 2A.15.1. Excavation This article covers the excavation required for all new structures. The existing subgrade fill material shall be completely removed to the sandy gravel layer below. The approximate excavation is 9 feet below grade. A Geotechnical Engineer will inspect the natural soils at the bottom of the excavation prior to subgrade preparation. Provide Engineer with 72 hours notice when the area is expected to be ready City of Fort Collins Power & Light — 06.007 2A-3 for such inspection. Excavation for structures shall be done to the lines and grades indicated on the Drawings and to the limits required to perform the construction work. Machine excavation shall be controlled to prevent undercutting the proper subgrade elevation. In order to ensure a controlled operation, only small excavating equipment and hand tools approved by the Engineer shall be used for excavation within two feet (2') of existing structures and facilities. Damage to structures incurred during excavation shall be repaired to the satisfaction of the Engineer at the Contractor's expense. All excavated materials must be spoiled off site. Vertical faces of excavations shall not be undercut to provide for extended footings. Except as otherwise authorized, indicated or specified, all material excavated below the bottom of concrete walls, footings, slabs on grade, and foundations shall be replaced and recompacted in accordance with these specifications at the expense of the Contractor. 2A.15.2. Subgrade Preparation This article pertains to subgrade preparation for all structures indicated on the Drawings. 2A.15.2.1. Stripping Shall be as required in Section 2A.5. 2A.15.2.2. Compaction Prior to placement of fill or concrete, the top twelve inches (12") of subgrade shall be thoroughly compacted to a minimum of eighty-five percent (85%) relative density, or 98% of maximum Standard Proctor Density, as determined by ASTM D4253 and D4254, or ASTM D698, using vibratory rollers, plate compactors, or other suitable methods approved by the Engineer. Soft or otherwise unsuitable material shall be removed from the subgrade and replaced with material specified in Section 2A.15.3. No fill material or foundations shall be placed until the subgrade has been properly prepared and accepted by the Engineer. 2A.15.3. Structural Fill This article pertains to fill required to bring foundation subgrade elevations to the lines and grades shown on the Drawings. City of Fort Collins Power & Light — 06.007 2A-4 2A.15.3.1. Structural Fill Materials Structural fill material, used as fill beneath slabs or foundations, shall consist of pit run type granular materials consisting of sands, gravels, and small cobbles. Structural fill material is to be approved by the Engineer. Material for structure backfill shall be composed of earth only and shall contain no wood, grass, roots, broken concrete, stones, trash, or debris of any kind. 2A.15.3.3. Placement and Compaction The designated structural fill material shall be placed in layers not to exceed eight -inches (8") in uncompacted thickness. Material deposited in windrows or piles by excavating or hauling equipment shall be spread and leveled before compaction. Each layer of material being compacted shall be uniformly compacted using equipment and materials that shall achieve the specified density and moisture content. The Contractor shall add water and harrow, disc, blade, or otherwise work the material in each layer as required to insure uniform moisture content and specified compaction. If the moisture and density requirements are not met, the lift shall be broken up and recompacted until the specified requirements are met. Structural fill shall be compacted to 98% of the maximum dry density as determined by a Standard Proctor test (ASTM D698), at±2% of the optimum moisture content, unless noted otherwise. If the material has less than twelve percent (12%) fines, the fill shall be compacted to seventy-five percent (75%) relative density in accordance with ASTM D4253 and D4254 using vibratory rollers, plate compactors, or other methods approved by the Engineer. 2A.15.4. Backfill This article pertains to backfill for all structures shown on the Drawings. 2A.15.4.1. Backfill Materials The materials from the required excavations at Harmony and Overland trail Substations are suitable for use as backfill materials. The materials from the required excavation at Linden Substation are not suitable for use as backfill and must be spoiled offsite. All material placed as backfill shall be free from rocks or stones in excess of 2-inches in size, and from brush, stumps, logs, roots, organics and other objectionable materials. All backfill materials shall be sands and gravels or mixtures, thereof. Materials classified in USCS Groups ML, MH, CH, OL, and OH are not suitable backfill materials and shall not be used. Backfill materials shall be approved by the Engineer prior to placement. City of Fort Collins Power & Light — 06.007 2A-5 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE'. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 12/03 Section 00100 Page 8 2A.15.4.2. Placement and Compaction The designated backfill material shall be placed in layers not to exceed six inches (6") in uncompacted thickness. Do not backfill against structure until concrete has obtained 28 day compressive strength. Place backfill simultaneously on both sides of structure, where required, to prevent differential pressures. Material deposited in windrows or piles by excavating or hauling equipment shall be spread and leveled before compaction. Each layer of material being compacted shall be uniformly compacted using equipment and materials that shall achieve the specified density and moisture content. The Contractor shall add water and harrow, disc, blade, or otherwise work the material in each layer as required to insure uniform moisture content and specified compaction. If the moisture and density requirements are not met, the lift shall be broken up and recompacted until the specified requirements are met. Cohesive materials with greater than 12 percent (12%) fines (passing the Number 200 sieve) shall be compacted to a minimum density of 95% of maximum density at ±2% of optimum moisture content as determined by a Standard Proctor Test, ASTM D698. Sands and gravels with less than twelve percent (12%) fines shall be thoroughly compacted to a minimum density of seventy percent (70%) relative density as determined by ASTM D4253 and D4254 using vibratory rollers, plate compactors, or other methods approved by the Engineer. Self-propelled rollers and compactors may be utilized for compaction of backfill adjacent but not immediately adjacent to the structures. Within five feet of structures, backfill shall be compacted using vibratory plate compactors or other small equipment approved by the Engineer. Any structures damaged during backfill compaction shall be replaced or repaired in accordance with Engineer requirements at the Contractor's expense. 2A.16. EQUIPMENT The Contractor shall be responsible to provide the size and type of equipment best suited to perform the various tasks required for the project. Insufficient size and weight of compacting equipment will not be an excuse for not obtaining compaction. For compaction of granular materials, vibratory steel drum or plate type vibratory compactors will be allowed. No segmented pad, sheep's foot rollers, or other rollers that would create high contact stresses on the granular particles will be allowed. The use of rubber -tired vehicles to provide compaction will not be allowed except at the direction of the Engineer. Discs used on the project shall be of sufficient size and weight to fully penetrate the lift. 2A.19. GENERAL FILLS Earth fill for general purposes shall follow the requirements for placement and compaction as set City of Fort Collins Power & Light — 06.007 2A-6 forth throughout this section. Compaction of general fills shall be to a minimum of 95% of maximum density by ASTM D698 at a moisture content ±3% of optimum moisture. For granular materials with less than 12% fines, compaction shall be to 70% relative density as defined in ASTM D4253 and D4254. 2A.20. MAINTENANCE AND RESTORATION OF FILLS, BACKFILLS, ROADWAYS Fills and backfills that settle or erode before final acceptance of the work under these specifications, and pavement, structures, and other facilities damaged by such settlement or erosion, shall be repaired at the Contractor's expense. The settled or eroded areas shall be refilled, compacted, and graded to conform to the elevations indicated on the Drawings or to the elevation of the adjacent ground surface. Damaged facilities shall be repaired in a manner acceptable to the Engineer. Existing roadways used during construction shall be regraded and gravel shall be applied as necessary to return the roadways to their original condition prior to construction. Roadways constructed under these specifications and used in the process of the construction, shall be regraded and re -graveled as necessary to return them to their original condition. 2A.21. TOPSOIL —none required. 2A.22. FINAL GRADING After all construction work under these specifications has been completed, the aggregate surface is to be replaced to its original condition and all ground surface areas disturbed by the construction operations shall be graded. The grading shall be finished to the contours and elevations indicated on the drawings or, if not indicated, to the matching contours and elevations of the original, undisturbed ground surface. In any event, the final grading shall provide smooth uniform surfacing and effective drainage of the ground areas. 2A.23. DISPOSITION OF MATERIALS — This Section Not Used 2A.24. CONTROL TESTING All field and laboratory testing required to determine compliance with the requirements of this section will be provided by the Owner. The Contractor shall provide the services of one or more employees as necessary to assist the Owner's field testing representative. The Contractor will be furnished one copy of the test results. Maximum density for cohesive compacted materials placed under this section shall be determined in accordance with ASTM D698, Method A or C, unless otherwise specified. The terms "maximum density" and "optimum moisture content" shall be as defined in ASTM D698 unless otherwise specified. The relative density for compacted granular materials containing less than 12 percent fines (-No. 200 City of Fort Collins Power & Light — 06.007 2A-7 sieve) placed under this section shall be determined in accordance with ASTM D4253 and D4254. Density testing will be according to ASTM D2922 and D3017. At least one field moisture and density test will be performed for every 500 cubic yards of the compacted fill materials. Each lift placed will be tested independent of the number of cubic yards placed. If determined to be necessary by the Engineer to ensure the quality of the fill and backfill, additional field control tests will be conducted at a frequency determined by the Engineer to fit the conditions. Testing being conducted by the Owner will not relieve the Contractor of his responsibility to ensure all materials being placed are at the proper moisture content before compaction begins. The testing by the Owner is to determine that the requirements of the Specifications are being met and are not intended to provide the Quality Control for the Contractor's operation. 2A.25. CLEANUP Upon completion of the work associated with this Contract, the Contractor shall perform a cleanup of the temporary facilities. The cleanup should return the disturbed areas as much as practicable to the original ground surface contours. **** END OF SECTION *** City of Fort Collins Power & Light — 06.007 2A-8 Section 2B — STEEL STRUCTURES 2B.1.1 General The structures shall be complete with all field connection bolts required for erecting the structures and required for mounting the equipment furnished under other sections of these specifications. In addition; mounting bolts, lock washers, etc., shall be furnished for mounting other equipment furnished by Owner as indicated on the drawings. No field welding of structural steel shall be required. Certain dimensions indicated on the Owner's drawings shall be adjusted as required to suit the equipment furnished by the Contractor under other sections of these specifications. The dimensions required for the equipment furnished shall be shown on the Contractor's detail shop drawings and the materials and fabrication required shall be provided as part of the contract work. There will be no adjustment in price because of these requirements. All shielding masts shall be tapered tubular steel. 2B.1.2. Manufacturers The following is a list of approved manufacturers: 1. Dis-Tran Steel Pole, LLC., Pineville, LA; Phone#: (318) 767-5587. 2. JEM Manufacturing, Tulsa, OK; Phone#: (918) 446-4517. 3. Valmont, Valley, Nebraska; Phone#: (402) 359-2201. 2B.1.2 Materials All materials shall be new and undamaged and shall conform to pertinent AISC and ASTM standard specifications and the following requirements: Steel shapes and plates for structures ASTM A36 steel. Minimum yield point of 36,000 psi including appurtenant materials. Structural Tubing ASTM A500 Grade A or B, ASTM A501, ASTM A513, ASTM A573, ASTM A588, 0.250 inch minimum wall thickness. Square tube rolled from round pipe will not be acceptable. Tubular structures and attachments Baseplates for tapered tubular structures ASTM A572 weldable quality or ASTM A36; 3/16 inch minimum thickness ASTM A588, cast or fabricated steel; 1 '/2 inch minimum thickness City of Fort Collins Power & Light — 06.007 213-1 Welding electrodes: For steel shapes, plates, and structural tubing Connecting bolts and bolts for equipment mounting: For steel shapes, plates, and structural tubing AWS specifications. Low hydrogen types. Tensile strength to be compatible with parent material. ASTM A394; hexagon bolts and nuts, flat or beveled washers, and MacLean -Fogg "M-F Lock Nut #1" locking devices. For tapered tubular ASTM A325 Type 1, ASTM A354 Grade BC, structures ASTM A354 Grade BD, or ASTM A687; heavy hexagon bolts and nuts, flat or beveled washers, and MacLean -Fogg "M-F Lock Nut No. 1" locking devices. Galvanizing: Shapes, plates, and structural tubing Bolts, nuts, and washers for shapes, plates, and structural tubing Tapered tubular structures Bolts and studs for tapered tubular structure Anchor bolts for tapered tubular structures 213.1.3 Design ASTM A123 Galvanized as specified in ASTM A394 and ASTM A153 ASTM A123 Galvanized as specified in ASTM A325 and ASTM A1533 ASTM A153 Provide interphase spacing and clearances conforming to the recommended spacing and clearances listed in IEEE and N.E.M.A. standards, unless larger dimensions are shown on the drawings. Conform as nearly as possible to the data and dimensions shown on the drawings, with variations permissible to make the structures fit the manufacturer's standard material or equipment or to give an improved installation provided the following requirements are maintained: (1) Overall space limitations are as shown on the drawings. (2) Maintain ample aisle space for operation and maintenance of the equipment. (3) Clearance from fences, structures, and other equipment for both the present and future City of Fort Collins Power & Light — 06.007 213-2 development as indicated on the drawings is maintained. (4) All baseplates shall be designed for installation with leveling nuts and grout. All bus and equipment stands shall be designed according to NEMA SG-6 and the AISC Manual for Steel Construction. All shielding masts shall be designed according to the NESC and Design of Steel Transmission Pole Structures, ASCE guide and recommendations report of the task committee on Steel Transmission Poles of the Committee in Analysis and Design of Structures of the Structural Division, 1978. 2B.1.3.1 Tapered Tubular Design For a tapered tubular structure the following requirements shall also be met: Width to thickness ratios or diameter to thickness ratios for the tubular steel members shall be in accordance with the requirements of the ASCE guide for the "Design of Steel Transmission Pole Structures" 1978. Unless local buckling resistance is demonstrated by test for polygonal members, polygonal members shall be proportioned without stress reduction so that: w/t less than or equal to 240 (Fy)1/2 where: w = The flat width of a side in inches. In determining w, the actual inside bend radius shall be used unless it exceeds 4t. Bend radii greater than 4t shall be taken as 4t in determining w. t = The thickness of the plate in inches. Fy = The yield stress in ksi The value of w=t may exceed 240/(Fy)1/2 the allowable stresses are reduced in accordance with the applicable formulae in the ASCE guide referenced herein before. Unless local buckling resistance is demonstrated by test for circular or smooth elliptical cross sections, the members shall be proportioned using the applicable formulae for bending, axial load or a combination of the two in the ASCE guide referenced herein before. Nondestructive testing shall be provided in accordance with the requirements of Article 6.7 of the referenced AWS code. Magnetic particle inspection or ultrasonic inspection shall be provided on tubular steel structures at all circumferential welds and all other critical welds. Inspection and evaluation of the test data shall be performed by persons fully qualified by training and experience to inspect, evaluate, and accept or reject these welds. Any defective weld shall be removed, rewelded, and reinspected at the Contractor's expense. All nondestructive weld inspection and testing shall be performed by the Contractor's quality control City of Fort Collins Power & Light — 06.007 213-3 inspectors. Material for tapered tubular sections, excluding ASTM A36, baseplates, anchor bolts, and welding materials, shall resist a minimum of 15 foot-pounds of energy on a Type A specimen at a temperature of -20°F in accordance with the standard Charpy " V" notch impact test. The Charpy test shall be in accordance with ASTM A370. The Charpy test shall be made on a heat lot basis. In addition to the foregoing requirements, the material for the tapered tubular sections shall be capable of welding without reduction in yield strength or corrosion resistance. This material shall have a uniform color and appearance after galvanizing. 2B.1.3.2 Structural Tubing Design This section covers design, materials, and fabrication for substation structural tubing members. Certain dimensions indicated on the Engineer's drawings shall be adjusted as required to suit the equipment furnished by the Contractor under other sections of these specifications. The dimensions required for the equipment furnished shall be indicated on the Contractor's detail shop drawings and materials and fabrication required shall be provided as part of the contract work. There will be no adjustment in price because of these requirements. Drawings and Calculations. Drawings for shop fabrication and field erection of all materials shall be prepared, checked, and submitted to the Contractor as specified. Field erection data shall include written instructions for proper structure assembly, erection, and inspection, including explicit step by step instructions for the proper installation, tightening and inspection of the connection bolts being furnished. Drawings shall indicate details and dimensions as required to enable the Contractor to coordinate hardware attachment and electrical clearances. Supplier shall be responsible for all, equipment and equipment operator assembly interfacing with structures. Design data shall be submitted with the proposal including calculations indicating the adequacy of each structure, steel beams, attachments, and appurtenances regarding strength and deflection. The calculations shall include baseplate sizes, anchor bolt patterns, anchor bolt lengths, anchor bolt stress; groundline shears, moments, and axial loads; and all other structure design data required for the Contractor's foundation design. The accuracy and correctness of the design of the structures and their components, based on the loads indicated on the Contractor's drawings, are the sole responsibility of the Supplier. The proposal shall also include the approximate total weight of each structure. Design. The yield strength of the material used in the design of the structural shapes shall, not exceed the yield stress tabulated in the ASTM specification or modified subject to the Contractor's acceptance. City of Fort Collins Power & Light — 06.007 2134 Calculated stresses shall not exceed the yield stress of material for the maximum combination loadings indicated on the drawings. The loads indicated on the drawings include overload capacity factors. Substation structures shall be designed to meet the deflection requirements of NEMA SG6, part 36. Switch and interrupting device structures shall be designed to meet the following deflection requirements. The horizontal deflection of vertical members shall be limited to 1/100 of the span. The vertical deflection of horizontal members shall be limited to 1/200 of the span. The horizontal deflection of horizontal members shall be limited to 1/200 of the span. All other structures unless noted otherwise shall be designed to meet the following requirements. The horizontal deflection of vertical members shall be limited to 1150 of the span. The vertical deflection of horizontal members shall be limited to 1/200 of the span. The horizontal deflection of horizontal members shall be limited to 1/100 of the span. Deflection criteria indicated shall apply for all load cases using an overload factor of 1.0. The span shall be defined as the distance between supporting members or the length of the cantilever. Anchor bolts shall be designed for a stress not to exceed the yield stress of the anchor bolt material on the net cross section using the maximum combination loadings indicated on the drawings. Anchor bolts length shall not be less than the required projection above the foundation including leveling nuts plus an embedment of the development length required in accordance with ACI 318-02 based on f c 4,000 psi. Anchor bolts shall include leveling nuts. Wide flange structures shall be shipped assembled where shipping conditions permit. Each bidder shall furnish, in the BID DATA section, a list of the structure items that will require field assembly and shall describe the shipping sections. When proposals are submitted without statements describing sectional shipments, it will be understood that no field assembly of the structures will be required. Anchor Bolts. Anchor bolts, nuts, and washers furnished under this section shall be as scheduled and detailed on the drawings. Anchor bolts, nuts, and washers shall be hot -dip galvanized after fabrication, threads being undercut to provide a tolerance equal to ANSI Class 2A. Each bolt shall be furnished with two nuts and washers and sufficient threads to permit a nut to be installed on each side of the concrete form or template. 2B.1.4 Loading Criteria All equipment structures, as indicated on the drawings shall be designed in accordance with the following loading criteria. All calculations shall be mutually exclusive with the final design being the worst case condition of the cases. All equipment stands: (a) 120 MPH wind on bare equipment and connected bus. City of Fort Collins Power & Light — 06.007 213-5 (b) 40 MPH wind on inch of ice on equipment and connected bus. All shielding masts: (a) N.E.S.C. Heavy Loading Case: Design all structures for 1/2" radial ice on conductors and a simultaneous 4 lbs. per square foot of horizontal wind pressure on iced conductor and bare structures. The overload factors shall be as per 1990 N.E.S.C. Section 261A1. (b) High Wind Case: Design all structures for 120 mph wind, 37 lbs. per square foot of horizontal wind pressure, on bare conductor and structures, using an effective net area based on one of the following multiples of the area of one face: Round Tubular Shapes - 1.00 Octagonal Tubular Shapes - 1.20 Rectangular Tubular Shapes - 1.70 Rolled Sections, Members of Lattice, or Truss Structures - 2.00 The overload Factor shall be 1.0 as per 1990 N.E.S.C. Section 260C. (c) Extreme Ice Load: Design all structures for 1" radial ice on conductors and a simultaneous 0 lbs. per square foot of horizontal wind pressure on iced conductor and bare structures with an overload factor of 1.00 for resultant loading. 2B.1.5 Field Connection and Equipment Mounting Bolts Field connection and equipment mounting bolts, nuts, washers, and lock washers shall be furnished for all structure field connections and equipment mounting with an overage of 5 percent, plus five bolts, of each type, size, and length. The length of connection bolts shall provide sufficient projection for washer, nut, and locknut. With locknuts in place, bolt projection beyond the locknut shall be from inch to % inch inclusive. Smooth beveled washers shall be furnished for use when the bearing faces of the bolted parts will have a slope of 1:20 or greater with respect to a plane normal to the bolt axis. All field connection bolts for the substation bus and equipment structures shall be of the same length. 2B.1.6 Fabrication The structures shall be fabricated in conformity with the dimensions, arrangements, sizes and City of Fort Collins Power & Light — 06.007 213-6 weights or thicknesses indicated on the drawings or stipulated in the specifications. All members shall be detailed and fabricated in accordance with AISC standards, specifications, and details unless otherwise indicated on the drawings or specified herein. When delivered, members shall be straight, free from warp, unauthorized splices and bends, or local deformations. Holes and other provisions for field connections shall be accurate and shop checked so that when the structure is field assembled proper fit will be provided. All punching, drilling, and reaming of the holes shall be done in the shop before galvanizing. All fabricated materials shall conform to the tolerances specified in the AISC Manual and ASTM A6. In addition, the allowable tolerance for sweep shall be no more than 1/8 inch in 10 feet of length regardless of the type of steel section. If necessary, the Contractor shall cull out or straighten materials which do not comply with the specified tolerances. Materials which do not comply with the specified sweep and camber requirements may be rejected. Baseplates shall also be checked after fabrication and will be rejected if anchor bolt holes are not within 1/32 inch of their theoretical location with respect to the center of the anchor bolt group or cluster. Holes in one inch plate or greater will be within 1/16 inch of their theoretical location. Contact surfaces at all column splices and at all other compression joints depending upon contact bearing shall have the bearing surfaces prepared to a common plane by milling, sawing, or other acceptable means. Only milling will be acceptable where milling is specifically indicated on the drawings. Before being laid out or worked in any manner, structural material shall be straight and shall be cleaned of all rust and dirt. If straightening is necessary, it shall be done by methods that will not injure or fatigue the metal. Shearing and cutting shall be performed carefully and all portions of the work which will be exposed to view after completion shall be finished neatly. Blades shall be sharp and clearances adjusted to give smooth cuts. Manually guided cutting torches shall not be used. All holes in structural steel less than 13/16 of an inch thick may be punched to full size unless otherwise noted on the drawings. Holes shown on the drawings as drilled holes and all holes in structural 13/16 of an inch or more in thickness shall be drilled or subpunched and reamed. All holes shall be clean cut and without tornor ragged edges. All burrs resulting from reaming or drilling shall be removed with a tool making 1/16-inch bevel. All holes shall be cylindrical and perpendicular to the member. Where necessary to avoid distortion of the holes, holes close to the points of bends shall be made after bending. For punching to full size, the diameter of the punch shall be 1/16 of an inch smaller than the nominal diameter of the die, but shall be not more than 1/16 of an inch larger than the diameter of the bolt. For subpunching, the diameter of the punch shall be 3/16 of an inch smaller than the nominal diameter of the bolt and shall not be more than 3/32 of an inch larger than the diameter of the punch. City of Fort Collins Power & Light — 06.007 213-7 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 12/03 Section 00100 Page 9 Where holes are reamed or drilled, the diameter of the finished hole after galvanizing shall be not greater than the nominal diameter of the bolt after galvanizing plus 1/16 of an inch, unless construction tolerances require greater clearance. All holes shall be spaced accurately in accordance with the drawings and shall be located on the gagelines. The maximum allowable variation in hole spacing from that indicated on the drawings for all bolt holes shall be 1/32 of an inch. Except as otherwise indicated on the drawings or specified herein, shop connections shall be all welded and field connections shall be all bolted. Bolted connections shall be bearing type with all threads excluded from the shear planes of the connected parts. 213.1.7 Welding Except as otherwise specified, all welds, welding, and related operations for steel structures shall be in conformity with the applicable provisions of the AWS Structural Welding Code, AWS D1.1, as issued by the American Welding Society. Welding shall be performed using only those joint details which have a prequalified status when performed in accordance with the referenced AWS code. Accurate records of operator and procedure qualifications shall be maintained by the Contractor and shall be available to the Owner. All welds shall be continuous and shall develop the full strength of the least strength component unless otherwise indicated on the drawings. Components shall be thoroughly cleaned before welding and shall be accurately fitted and rigidly secured in position during welding to provide a sound, full strength weld without distortion. Weld surfaces shall be smooth and uniform and shall be thoroughly cleaned of all slag and flux before galvanizing. Low hydrogen electrodes shall be used. All testing and welding qualifications required by these specifications shall be performed by an independent testing laboratory retained by the Contractor and accepted by the Owner. All testing and welding qualification expenses shall be paid by the Contractor. 213.1.8 Identification All separate structural members and parts shall be plainly marked, as an aid in assembly, with the identifying mark on the member corresponding to the identical mark on the erection drawings. Marks shall be metal stamped into each member in painted on the members with nonpermanent paint in characters not less than one inch high. 213.1.9 Galvanizing Where indicated steel materials famished under this section shall be hot -dip galvanized after fabrication. After the shop work has been completed and accepted, all material shall be cleaned of rust, loose scale, dirt, oil, grease, and other foreign substances. Particular care shall be taken to clean slag City of Fort Collins Power & Light — 06.007 213-8 from welded areas. All plates and shapes shall be galvanized after fabrication, except that members of assemblies built up by welding may be galvanized before they are welded. All welds shall be coated and all galvanizing damaged by the welding operations shall be repaired as provided herein. Where members are of such lengths that they cannot be dipped in one operation, great care shall be exercised to prevent warping. Finished compression members shall not have lateral variations greater than 1/1000 of the axial length between the points which are to be supported laterally. All holes in material shall be free of excess spelter after galvanizing. All plates and shapes which have been warped by the galvanizing process shall be straightened by being rerolled or pressed. The material shall not be hammered or otherwise straightened in a manner that will injure the protective coating. If, in the opinion of the Owner, the material has been harmfully bent or warped in the process of fabrication or galvanizing, such defects shall be cause for rejection. The galvanizing coating shall cover all interior surfaces of hollow members as well as exterior surfaces. Channels, angles, and all other unsymmetrical sections shall be straightened after galvanizing as required to meet the specified tolerance requirements. A durable, high quality, relatively smooth coating is required. The Contractor's attention is directed to the requirements of ASTM A384, ASTM A385, and ASTM A386 in this regard. The Owner may at his option inspect the galvanizing in process. Grounds for rejection of members because of galvanizing defects shall be as listed in Table Il of the "Inspection Manual for Hot - dip Galvanized Products" published by the American Zinc Institute except that excessive general roughness, pimples, lumpiness, excessive discoloration, and runs shall be cause for rejection. The Owner will determine whether defects are excessive or not. Precautions shall be taken against embrittlement in accordance with the latest revision of ASTM specification A143, "Recommended Practice for Safeguarding Against Embrittlement of Hot - Galvanized Structural Steel Products and Procedure for Detecting Embrittlement " 2B.1.10 [This Section Not Used.] 2B.1.11 Bolting Bolted connections shall be securely wrench tightened. Wrench tightened is defined as 50 to 75 foot-pounds of torque on 5/8 inch bolts and 75 to 100 foot-pounds of torque on 3/4 inch bolts. Wherever clearances allow, bolts shall be inserted from the outside to place the nuts on the least visible side of each connection. Locknuts shall be finger tightened to contact the nut, then wrench tightened an additional one-half to one full turn. Nuts and bolts shall be handled and installed in a manner that will not damage the finish. The Contractor shall furnish bolt torques in the event high strength bolts are used. 2B.1.12 [This Section Not Used.] City of Fort Collins Power & Light — 06.007 213-9 2B.1.13 Structure Grounding Furnish ground tab with 9/16" hole, mounted one (1) foot above base. Ground clamp mounting holes shall be provided near the bottom of each structure leg and at approximately three (3) to five (5) foot intervals on the structure legs selected to support ground conductors leading to equipment ground connections. Provide means for grounding equipment, CCVTs, switches, bus supports, switch operator handles and operator platforms. 2B.1.14 [This Section Not Used.] City of Fort Collins Power & Light — 06.007 213-10 Section 2C — CONCRETE 2C.1 DESCRIPTION This Section covers all concrete, cast -in -place and drilled pier, and includes reinforcing steel forms, finishing, curing and other appurtenant work. The following list is intended to give a general definition of the concrete work to be done and shall not be construed as a complete listing. One spread footing and two drilled piers to support lightning masts. 2C.3 CODES AND STANDARDS Equipment furnished and work performed under these specifications shall be in accordance with the latest requirements of applicable ASTM, ACI, CASI, PCA, and ANSI standards. 2C.4 DRAWING AND INFORMATION REQUIRED The Contractor shall submit the drawings and information required in accordance with the requirements of ARTICLE 1 A.4. 2C.4.1 Concrete Materials and Proportions The source and quality of concrete materials and the concrete proportions for the Work shall be submitted to the Owner for review before the concrete work is started. This review will be for general acceptability only and continued compliance with all contract provisions will be required. 2C.4.2 Shop Drawings and Bar Lists Bar lists and drawings for the fabrication and placing of reinforcement shall be prepared, checked and submitted. Each bar list and placement drawing shall have noted thereon "ASTM A615 Grade 60 only" or a similar statement which identifies the grade of reinforcing indicated on that drawing. 2C.5 CONCRETE MATERIALS AND PLACEMENT 2C.5.1 General This Section covers the requirements for all concrete (drilled piers and cast -in -place), reinforcing steel, forms, finishing, curing, and other appurtenant work. City of Fort Collins Power & Light-06.007 2C-I The disposal of all unused excavated material shall be as required in Section 2A. 2C.5.2 Materials Where the use of the following materials is specified herein, such materials shall be in accordance with these requirements. Concrete Cement ASTM C150, Type I1, or I/II Fine aggregate Clean natural sand, ASTM C33 Coarse aggregate Crushed stone, washed gravel, or other acceptable inert granular material conforming to ASTM C33 Water Clean and free from deleterious substances Water stop 12 gauge ungalvanized steel not less than 8 inches wide or PUC ribbed or serrated 9 inches wide, with "0" bulb center Admixtures Plasticizer Grace "WRDA," Master Builders "Possolith Normal," Protex "PDA 25 XL Normal Set," Sika Chemical "Plastocrete 161," or acceptable equal Air entraining agent ASTM C260; Grace "Darex AEA," Master Builders "MB- VR," Protex "Air Entraining Solution," Sika Chemical "AER," or acceptable equal Plasticizing retarder Reinforcing steel Bars not otherwise noted Ties and stirrups Grace "Daratard," Master Builders "Pozzolith Retarder," Protex "PDA 25R Retarder," Sika Chemical "Plastocrete 161R," or acceptable ASTM A615 Grade 60 including Supplement S-1. Yield strength shall be determined by full size bar. ASTM A615, Grade 60 Anchor bolts 3/4 inch ASTM [A36] threaded bars, with and larger nuts conforming to ASTM [A563 Grade A] heavy hexagon; all galvanized after fabrication. City of Fort Collins Power & Light-06.007 2C-2 Forms Anchor bolts smaller than 3/4 inch ASTM [A307 Grade A] with hexagon heads and ASTM [A563 Grade A] hexagon nuts; all galvanized after fabrication. Prefabricated Simplex "Industrial Steel Frame Forms," Symons "Steel Ply," or Universal "Uniform" Plywood Product Standard PSI, waterproof, resin -bonded, exterior type Douglas fir; face adjacent to concrete Grade B or better Lumber Straight, uniform width and thickness, and free from knots, offsets, holes, dents, and other surface defects Chamfer strips Clear pine, surface against concrete planed Form coating Nox-Crete "Nox-Crete Form Coating," L & M "Debond," Protex "Pro -Cote," or Richmond "Rich Cote" Polyethylene film Insulation Expansion joint materials Filler Sealer Primer Epoxy bonding compound Membrane curing compound Fed Spec L-P-378, Type I; 6 mil Styrofoam SM, Fed Spec HH-I-52413, Type II, Class B, extruded polystyrene Performed, ASTM D 1752, Type I (sponge rubber) or closed cell plastic foam (PVC or polyethylene) Polysulfide rubber, two component, ANSI A116.1 and Fed Spec TT-S-227 gray color As recommended by sealant manufacturer Sika Chemical "Sikadur Hi -Mod" or acceptable equal Fed Spec TT-C-800A, Type II, Class 1; chlorinated rubber, min 18 percent solids; Grace "Dekote," ProSoCo "Kure & Seal," Protex "Triple Seal Series CCL-18," or T. K. Products "Tri-Kote TK-18" City of Fort Collins Power & Light-06.007 2C-3 2C.5.3 Limiting Requirements for Concrete Mix Each concrete mix shall be designed and concrete shall be controlled within the following limiting requirements. 2C.5.3.1 Strength The concrete mix classes to be supplied for the project are listed in Table 2C.5.3-1. The location of use for the various classes is as indicated on the Drawings and as indicated as follows. Class 1 Concrete - structural concrete for reinforced concrete structures. Class 2 Concrete - structural concrete for drilled piers. The minimum acceptable compressive strengths as determined by ASTM C39 shall be as shown in Table 2C.5.3-1. TABLE 2C.5.3-1 CONCRETE MIX REQUIREMENTS Class Minimum Minimum Entrained Maximum Maximum 28-Day Cement Air Content Slump W/C Strength Content (Percent) (In) Ratio K 1 4000 564 6% ± 1-1 /2% 4.0 0.48 2 4000 564 6%± 1-1/2% 6" to 8" 0.48 All concrete shall exceed the minimum strength and meet all requirements of ACI-318. The Engineer shall be the sole judge of the quality of the concrete and tests. 2C.5.3.2 Minimum Cement Factors The quantity of portland.cement, expressed in pounds per cubic yard, shall be not less than that indicated in Table 2C.5.3-1. Flyash may be substituted for cement but shall not exceed twenty percent (20%) of the total pozzolanic material. 2C.5.3.3 Water -Cement Ratio The water to cement ratio shall not exceed the values shown in Table 2C.5.3-1. City of Fort Collins Power & Light-06.007 2C-4 2C.5.3.4 Slump Concrete slump shall be kept as low as possible consistent with proper handling and thorough compaction. Unless otherwise authorized by the Owner, slump shall not exceed that indicated in Table 2C.5.3-1. 2C.5.3.5 Ratio of Fine to Total Aggregates The ratio of fine to total aggregates based on solid volumes (not weights) shall be: Concrete Coarse Aggregate Size Maximum Ratio Minimum Ratio 1 & 2 3/4 inch to No. 4 0.50 0.40 2C.5.3.6 Initial Set The initial set as determined by ASTM C403 shall not be attained until at least 5 hours after the water and cement are added to the aggregates. The quantity of retarding admixture shall be adjusted as necessary to compensate for variations in temperature and job conditions. 2C.5.3.7 Total Air Content The total volumetric air content of concrete after placement shall be 6%± 1-1/2% or as shown in Table 2C.5.3-1. 2C.5.3.8 Admixtures The admixture content, batching method, and time of introduction to the mix shall be in accordance with the manufacturer's recommendations for the compliance with these specifications. 2C.5.4 Batching and Mixing Batching and mixing shall be performed by an acceptable ready -mix concrete supplier. Personnel at the batching and mixing plant shall be qualified and experienced. 2C.5.4.1 Ready -Mixed Concrete Ready -mixed concrete shall conform to ASTM C94, except as otherwise specified herein. Truck mixers shall be revolving drum type and shall be equipped with a mixing water tank. Only the prescribed amount of mixing water shall be placed in the tank for any one batch, unless the tank is equipped with a device by which the amount of water added to each batch can be readily verified. City of Fort Collins Power & Light-06.007 2C-5 A delivery ticket shall be prepared for each load of ready -mixed concrete delivered. A copy of each ticket shall be handed to the Owner by the truck operator at the time of delivery. Tickets shall show the time the mix was batched, the mix identification, the number of yards delivered, the quantities of each material in the batch, the outdoor temperature in the shade, the time at which the cement was added, the amount of water that may be added at the placement site, and the numerical sequence of the delivery. When a truck mixer or agitator is used for transporting concrete, the concrete shall be delivered to the site of the work and discharge shall be completed within 1-1/2 hours, after the introduction of the mixing water to the cement and aggregates, or the introduction of the cement to the aggregates, when the air temperature is 90' F or less. Exceeding this time limit shall be cause for rejection. When the air temperature exceeds 90' F, concrete shall be placed in accordance with the requirements of Section 2C.5.5.4, within a time depending on air temperature and humidity as set forth by the guidelines of ACI 305 to prevent the temperature of the concrete from reaching 90' F. On very hot days, the time for placement may be reduced to 30 minutes. The Contractor shall schedule concrete pours for early morning or evening hours when hot days are anticipated. Concrete temperatures exceeding 90' F may be cause for rejection. 2C.5.5 Placement The handling, depositing, and compacting of concrete -shall conform to these specifications subject to adjustment by the Owner for weather or placement conditions. Concrete shall not be pumped through aluminum pipe or aluminum alloy pipe. Prepare slab subgrades in accordance with ACI 301. Moisten subgrade before placement. Do not cause water to pond, become muddy, or cause soft spots to appear. Cover with polyethylene film all gravel or crushed stone subgrades that do not contain at least twenty-five percent (25%) material passing a No. 4 sieve to protect concrete from loss of water. 2C.5.5.1 Bonding to Hardened Concrete The surface of hardened concrete upon which fresh concrete is to be placed shall be rough, clean and damp. Surface mortar shall be removed to expose the aggregate to a full amplitude of 1/4 in. The hardened surface shall be cleaned of all foreign substances (including curing compound), washed with clean water, and kept saturated during the 24 hour period preceding placement of fresh concrete or handled per the instructions as indicated by the bonding agent manufacturer. 2C.5.5.2 Conveyance and Distribution Concrete shall be conveyed to the point of final deposit by methods which will prevent the separation or loss of the ingredients. Concrete shall be deposited in its final position without moving it laterally in the forms for a distance in excess of 5 feet. City of Fort Collins Power & Light-06.007 2C-6 2C.5.5.3 Depositing Concrete Concrete shall be deposited in approximately horizontal layers of proper depth for effective compaction; however, the depth of a layer shall not exceed twenty inches (20"). Each layer of concrete shall be plastic when covered with the following layer, and the forms shall be filled at a rate of vertical rise of not less then two feet (2') per hour. Horizontal and vertical construction joints shall be provided as necessary and as accepted by the Engineer to comply with these requirements. Maximum height of concrete fall shall not exceed four feet (4'). Use a tremie for placing concrete in columns and walls to prevent free fall of more than four feet (4'). 2C.5.5.4 Compaction During and immediately after depositing, all concrete shall be thoroughly compacted, worked around reinforcements and embedments, and worked into the corners of the forms. All concrete shall be compacted by means of mechanical vibrating equipment; except concrete slabs six inches (6") or less in thickness may be either vibrated or tamped. Unless otherwise accepted by the Engineer, mechanical vibrators shall be spud -type immersion vibrators. The number and type of vibrators shall be subject to the acceptance of the Engineer. Provide at least one stand-by vibrator in operable condition at placement site prior to placing concrete. 2C.5.5.5 Hot Weather Concreting Except as modified herein, hot weather concreting shall comply with ACI 305. At air temperatures of 90' F or above, special procedures shall be adopted to keep the concrete as cool as possible during placement and curing. The temperature of the concrete when it is placed in the work shall not exceed 90' F. Whenever the air temperature exceeds 95' F, membrane cured slabs shall be kept wet to promote cooling of the concrete during the curing period. 2C.5.5.6 Cold Weather Concreting Except as modified herein, cold weather concreting shall comply with ACI 306. The temperature of concrete at the time of mixing shall not be less than that indicated in the following table for corresponding outdoor temperature (in shade) existing at the time of placement. Outdoor Temperature Concrete Temperature Below 30° F 700 F Between 30' F and 45' F 600 F Above 45' F 450 F City of Fort Collins Power & Light-06.007 2C-7 SECTION 00300 BID FORM When deposited, the temperature of heated concrete shall not be over more than 10' F higher than the above minimums. When freezing temperatures may be expected during the curing periods, suitable means shall be provided for maintaining the concrete at temperatures of not less than 50' F for 5 days or 700 F for 3 days after the concrete is placed. Concrete and adjacent form surfaces shall be kept moist at all times. Sudden cooling of concrete shall not be permitted. The use of calcium chloride will not be permitted. 2C.5.6 Reinforcement Reinforcements shall be accurately formed and placed in accordance with ACI 117, "Standard Tolerances for Concrete Construction and Materials.". Unless otherwise indicated on the drawings or specified herein, the details of fabrication shall conform to the latest version of ACI 318 and ACI 117. 2C.5.6.1 Accessories The Contractor shall provide all bar supports, ties, spacers, bolsters, inserts, screeds, and other concrete accessories required to maintain reinforcing in its proper position and permit proper placement of concrete. 2C.5.6.2 Concrete Cover Except.as otherwise indicated on the drawings, metal reinforcement for concrete shall have the concrete protective cover specified in Chapter 7 of ACI 318. 2C.5.6.3 Welding Welding of reinforcement for any purpose, and tack welding in particular, is expressly prohibited. Reinforcements upon which unauthorized welding has been done shall be presumed to be damaged and such reinforcing shall be removed and replaced at the Contractor's expense. Replacement materials shall conform to all applicable requirements of these specifications. Welded chairs and supports may be used provided they are clamped or wired to the reinforcement. 2C.5.6.4 Placement Reinforcements shall be accurately positioned on supports, spacers, hangers, or other reinforcements, and shall be secured in place with wire ties or suitable clips. Bare metal supports shall not be used in contact with forms for exposed surfaces. Pre -formed standees are City of Fort Collins Power & Light-06.007 2C-8 required for all slabs to support and properly space the top layer of steel and fabricated side form spacers are required for all walls. 2C.5.6.5 Splices Unless otherwise required by the specifications or drawings, splices shall conform to ACI 318 and shall be tension -lapped splices. Splices shall be Class B tension -lapped splices unless a different class is indicated on the drawings. Both compression and tension -lapped splices shall be designed for a steel yield stress and a concrete compressive strength as specified in Section 2C. 2C.5.7 Anchor Bolts Anchor bolts furnished under these specifications shall be as listed and detailed on the drawings. Sleeves and anchor plates shall also be provided where they are indicated on the drawings. Unless otherwise indicated on the drawings, fabrication details for all anchor bolts shall comply with ASTM A307. Anchor bolts, nuts, and washers shall be hot -dip galvanized after fabrication, threads being undercut to provide a tolerance equal to ANSI Class 2A. Anchor bolts longer than 3 feet shall have the top 18 inches hot -dip galvanized after fabrication, threads being undercut to provide a tolerance equal to ANSI Class 2A. Each bolt without a sleeve shall be furnished with two nuts and sufficient threads to permit a nut to be installed on each side of the concrete form or template. 2C.5.8 Forms Forms shall be designed to produce hardened concrete having the shape, lines, and dimensions indicated on the drawings. Forms shall be substantial and sufficiently tight to prevent leakage of mortar and shall be maintained in proper position and accurate alignment. Forms shall be thoroughly cleaned and oiled before concrete is placed and shall not be removed until the concrete has hardened sufficiently to support all loads without damage. Form dimensions and placement shall be within 1 /2 inch of the plan dimensions and locations indicated on the drawings. Where concrete is placed against dry or porous surfaces, such surfaces shall be covered with polyethylene film to protect the concrete from loss of water. Joints in the film shall be sealed with waterproof sealing tape. Unless otherwise accepted by the Owner, all concrete in contact with dry earth or granular fill shall be placed against polyethylene film. Vertical concrete surfaces above extended footings shall be formed. Form ties shall be of the permanently -embedded body type with removable ends that can be broken off at least'/ -inch inside the form face, and shall have sufficient strength, siffness, and rigidity to support and maintain the form in proper position and alignment without the use of auxiliary spreaders. The type of form ties used shall be acceptable to the Engineer. City of Fort Collins Power & Light-06.007 2C-9 Chamfer strips shall be placed in forms to bevel all salient edges and corners except where otherwise noted. Bevel dimensions shall be 3/4 inch by 3/4 inch unless otherwise indicated on the drawings. 2C.5.9 Embedments Materials that are to be embedded in the concrete shall be accurately positioned and securely anchored. Embedments shall be clean when they are installed. After installation, surfaces not in contact with concrete shall be cleaned of all concrete spatter and other foreign substances. 2C.5.10 Finishing Formed Surfaces All fins and other surface projections shall be removed from all formed surfaces when the forms are stripped except exterior surfaces that will be in contact with earth backfill. In addition, exterior surfaces which will be exposed above grade shall be cleaned and rubbed to produce a smooth, uniform surface free of marks, voids, surface glaze and discolorations. The removable ends of all form ties shall be removed and the recesses resulting from such removal shall be filled with mortar and rubbed smooth. 2C.5.11 Finishing Unformed Surfaces The unformed surfaces of concrete shall be screeded and given an initial float finish followed by additional floating and troweling where required. Unformed surfaces which are specified on the drawings to be steel trowel finished shall be finished to provide a flat profile within 1/8 inch deviation as measured from a 10 foot long straight edge. The deviation for other surfaces shall not exceed 1/4 inch in 10 feet. Surfaces designated on the drawings and the exposed top surfaces of equipment bases shall be steel trowel finished. Troweling shall be performed after the second floating when the surface has hardened sufficiently to prevent an excess of cement being drawn to the surface. Troweling shall produce a dense, smooth, uniform surface free from blemishes and trowel marks. 2C.5.12 Curing Concrete shall be protected from loss of moisture for at least 7 days by membrane curing compound. Membrane curing compound shall be applied at twice the rate recommended by the manufacturer. Concrete shall not be permitted to freeze for at least 7 days following placement. 2C.5.13 Repairing Defective Concrete Defects in formed concrete surfaces shall be repaired to the satisfaction of the Owner within 24 hours, and defective concrete shall be replaced within 48 hours after the adjacent forms have City of Fort Collins Power & Light-06.007 2C-10 been removed. All concrete which is porous, honeycombed, or otherwise defective to a depth in excess of one inch shall be cut out and removed. Cut surfaces shall be coated with epoxy bonding compound before the repair concrete is placed. Concrete repair work shall be performed in a manner that will not interfere with thorough curing of surrounding concrete. Mortar and concrete used in repair work shall be adequately cured. 2C.5.14 Construction Joints Construction joints shall be provided where indicated and detailed on the drawings. Construction joints designated on the drawings shall be provided with a metal water stop. Junctions between adjacent sections of water stop shall be lapped 5 inches and securely welded or bolted together. 2C.5.15 Expansion Joints Expansion joints shall be located and constructed as indicated on the drawings. Accessible edges of each expansion joint shall be sealed. Polysulfide rubber (Thiokol type) sealants shall not be used in contact with bituminous or asphaltic materials. Expansion joints designated on the drawings shall be provided with a flexible water stop. Flexible water stops shall be spliced in strict conformity with the manufacturer's recommendations. A sample 90 degree corner splice mitered at 45 degrees shall be prepared and submitted to the Owner for acceptance before any permanent splices are made. 2C.5.16 Tolerances for Substation Bases The concrete bases and their embedments for substation yard structures and equipment shall meet the following tolerance requirements in addition to those specified herein before. Concrete form dimensions and placement shall be within 1/2 inch of the plan dimensions and locations indicated on the drawings. The top of the forms shall be accurately set to the elevation required to produce finished surfaces within the specified tolerances. The elevation of all points on all float finished surfaces shall be within 1/4 inch of the elevation indicated on the drawings. The elevation of all points on all trowel finished surfaces shall be within 1/8 inch of the elevation indicated on the drawings. Anchor bolts and all other materials that are to be embedded in the concrete shall be accurately positioned and securely anchored. The center of each anchor bolt group or cluster shall be within 1/8 inch of the location indicated on the drawings. The center -to -center dimensions between the anchor bolts in a group or cluster shall be within 1/16 inch of the dimensions indicated on the drawings. City of Fort Collins Power & Light-06.007 2C-11 2C.6 DRILLED PIERS 2C.6.1 General This section covers the requirements for drilling of earth and placing of concrete for foundation piers. Pier installation shall follow the requirements of ACI 336.1, Reference Specifications for the Construction of Drilled Piers. 2C.6.2 Drilling Foundation piers shall be drilled with an auger in earth and with an auger with hardened teeth suitable for drilling rock or a core drill as required depending on hardness. Casings shall be used where the sides of the excavation are unstable and may be used at all locations. A pier excavation will be considered dry if the infiltration of ground water from a source at or near the bottom is at a rate of less than 1/2 inch rise per minute at the bottom of the pier. The total theoretical height of water in the bottom of the pier may not exceed 6 inches at the time sufficient concrete has been placed to balance the water head. Drilling equipment shall be designed to drill straight and clean holes. Casings, if used, shall be installed as the drilling proceeds or immediately after the auger is withdrawn as required to prevent sloughing and caving of the excavation walls. The Contractor may elect to advance the excavation and facilitate the removal of cuttings by utilizing a densified fluid. All loose material shall be removed from the bottom of the pier excavations. Casings shall be of steel construction and shall be of ample strength to withstand handling and installation stresses. Casings may be removed as the concrete is placed or left in place at the Contractor's option. During removal the casing shall be continually plumb and the concrete surface within the casing shall be continually observed for maintenance of concrete "head" sufficient to offset the casing's external water head. A minimum head of 4 to 5 feet of concrete shall be maintained above the bottom of the casing during casing extraction. Casings left in place shall not be exposed above grade. Each pier shall be accurately located, sized, and plumbed. The maximum variation of any pier from its designated location shall not be more than 2 inches at its top elevation. No pier shall be out of plumb more than one inch in 5 feet of height. Variation of pier location within specified limits shall not be cause for variation in anchor bolt or concrete cap location. Each pier excavation shall be made to the depth indicated on the drawings. 2C.6.3 Placing of Concrete Concrete work for foundation piers shall conform to the requirements of Section 2C.5 and to these additional requirements. Unless otherwise permitted by the Owner, concrete shall be placed in the pier holes the same day the holes are drilled. City of Fort Collins Power & Light-06.007 2C-12 All water and loose materials shall be removed from the holes and pier reinforcing shall be thoroughly cleaned before any concrete is placed. Pier holes shall be dry when concrete is placed unless otherwise acceptable to the Owner. Concrete shall be placed with a tremie or funnel, or pumped to prevent segregation and the top 6 feet shall be rodded or vibrated to provide a dense mass free of voids. During the filling of the holes, if water begins to accumulate on the top of the concrete, the placement shall be suspended and the water removed before placement resumes. If water continues to accumulate during the suspension of placement, the concrete placed shall be removed and the pier shall be installed by underwater methods. Should there be an accumulation of scum or laitance on the top of the concrete, it shall be removed and additional concrete shall be placed to bring the pier back to the proper elevation. Pumping methods shall conform to ACI 304, Chapter 9. The maximum loss of slump due to pumping shall be 2 inches. Aluminum or aluminum alloy pipes shall not be used to convey pumped concrete. After the concreting is started for each pier, it shall be completed in a continuous process. A sufficient quantity of concrete to fill the pier shall be in delivery trucks at the pier site when the first concrete is placed in each pier. If the concreting of any pier is suspended for more than 30 minutes before the pier is completed, laitance and water shall be removed from the joint surface and the joint surface shall be coated with epoxy bonding compound before concreting is resumed. In order to provide for an emergency stoppage, bonding compound shall be at the site before the concreting of piers is started. Piers shall be reinforced as indicated on the drawings and all reinforcements shall be installed and secured to prevent shifting during the placement of concrete. The upper portion of the piers shall be formed where indicated on the drawings. Each pier shall be cured for at least 7 days by continuous saturation with water or the use of membrane curing compound as specified in Section 2C.5.12. If casings are to be left in place, the void areas between the form and the excavation walls shall be filled with grout. The grout shall be placed and compacted in such a manner that the annular space is completely filled. Records shall be kept by the Contractor indicating the exact volume of each pier excavated and this volume shall then be compared to the volume of concrete actually placed in each pier. A lesser amount of concrete placed than calculated may indicate fault pier construction. In the event of such an occurrence, the Owner shall be notified, and immediate remedial action shall then be taken by the Contractor. City of Fort Collins Power & Light-06.007 2C-13 2C.6.4 Underwater Concrete Concrete shall not be deposited under water except with specific permission of the Owner. For concrete deposited under water the limiting requirements shall be adjusted to provide not more than 6 inches of slump and to increase the cement content by one sack per cubic yard. Any extra charges for these changes by the concrete supplier shall be borne by the Contractor. Underwater concrete shall be placed through 12 inch or larger tremies having a tremie seal at the lower end and a hopper at the upper end. Before the flow of concrete is started, water shall be kept out of the tremie by means of a suitable bottom closure. After the flow of concrete is started, the lower end of the tremie shall be kept below the surface of the deposited concrete. Agitation of the deposited concrete shall be avoided. When necessary to move laterally, the tremie shall be lifted free of the concrete and lowered vertically at the new location. The entire mass of concrete shall be placed as quickly as possible so that it will flow into place without the necessity of horizontal shifting below water. The water shall be quiescent when concrete is deposited therein. After placing, the ground water level in the area adjacent to the pier shall be kept static until the concrete has taken its initial set. 2C.7 GROUTING 2C.7.1 General This section covers materials and procedures for grouting equipment and structural base plates as required on the drawings. Grouting under these specifications shall include only the grouting of equipment and structural base plates installed under these specifications. Grouting of all other equipment and structural base plates will be done under separate specifications covering the equipment or base plate installation. All grouting shall be done with non -shrinking grout. Cold weather grouting shall be as specified for cold weather concreting in Section 2C.5.5.5. 2C.7.2 Materials Where the use of the following materials is specified herein, such materials shall be in accordance with these requirements: Water Clean and free from mud, oil, organic matter, and other deleterious substances City of Fort Collins Power & Light-06.007 2C-14 Plasticizer Grace "WRDA," Master Builders "Pozzolith Normal," Protex "PDA 25XL Normal Set," or Sika Chemical "Plastocrete 161" Nonshrinking grout Tested in accordance with CRD-C621 and ASTM C1107, Grade B. Metallic and nongas-liberating flowable fluid. Minimum strength of grout, 4,000 psi at 1 day, and 9,000 psi at 28 days. 2C.7.3 Grouting of Bases for Structures and Equipment Where noted on the drawings, equipment and structural base plates shall be firmly and solidly grouted in place by methods that will insure complete, uniform, and permanent filling of all space beneath the base without disturbing or displacing the alignment or level of the base in its correct position. Should the installation of any equipment be done under the supervision and direction of a manufacturer's erection superintendent, or other accredited supervisor provided by the manufacturer of the equipment, then the grouting procedure shall follow his direction. Otherwise, these specifications shall govern. 2C.7.3.1 Surface Preparation The surfaces of hardened concrete upon which grout will be placed shall be chipped to remove laitance and surface mortar and to expose the aggregate. The surface of the hardened concrete shall be cleaned of all loose materials and shall be saturated with water for not less than 2 hours immediately before the grout is placed. All excess water shall be removed. 2C.7.3.2 Alignment and Leveling Each base shall be set in place over its anchor bolts and shall be carefully aligned in proper position and then brought to accurate level. If permission is given by the Owner in the case of small bases or equipment bases, steel wedges may be used for leveling, but such wedges shall be of a type that cannot be easily or accidentally dislodged. Unless otherwise accepted, leveling shall have three-point control. The use of wood blocking or wood wedges to hold the base in position will not be permitted. 2C.7.3.3 This Section Not Used 2C.7.3.4 Placing of Grout After the base has been set, its alignment and level shall be checked and accepted before placing any grout. Grout may be placed by the "dry pack" method when the least dimension of the base being grouted is T-0" or less, the grout space is more than one inch, and the grout space is readily accessible, unless noted otherwise. Dry pack grout shall contain only enough water to produce a grout which can be tamped in place. Grout shall be tamped in place from one of the City of Fort Collins Power & Light-06.007 2C-15 longer sides of the base, working against a backing board rigidly wedged against the opposite side of the base. Tamping shall be done with the end of a board at least 1 by 4 inches in nominal size. The board shall be struck with a hammer or mallet as required to compact the grout into a dense mass, free from voids. After the initial set of the grout, all grout which extends beyond the edge of the base shall be cut off flush and removed. 2C.7.3.5 Finishing of Edges When the placing of the grout has been completed, it shall be allowed to stand undisturbed until set stiff. Then immediately the form or dam, if any, shall be taken off, and the portions of the grout which extend beyond the edges of the base shall be cut off flush and removed. The edges of the grout shall then be pointed with fresh one -to -two cement mortar pressed firmly to bond with the body of the grout, and smoothed with a tool to present a smooth vertical surface. All grouting shall be completed in a proper and workmanlike manner with the exposed edges of the foundation and the surfaces adjacent thereto left clean and free from cement and grout. 2C.7.4 Nonshrinking Grout Nonshrinking grout shall be furnished factory premixed so that only water is added at the jobsite. The grout shall be mixed in a mechanical mixer and no more water shall be used than recommended by the manufacturer to produce a flowable grout. Surface preparation and alignment and leveling shall be as specified herein before for portland cement grout. Nonshrinking grout shall be placed in strict accordance with the grout manufacturer's directions so that all grout space is completely filled without voids. Edges shall be finished as specified for portland cement grout. 2C.7.5 Curing All grout shall be protected against rapid loss of water by covering with wet rags and polyethylene. After edge finishing is completed, the grout shall be wet cured for at least 7 days when temperatures of 90' F or above may be expected during curing, special procedures shall be adopted by the Contractor to keep the grout as cool as possible. In cold weather, the requirements of Section 2C.5.5.5 shall be followed. 2C.8 TESTING An air content test shall be made from one of the first three batches mixed each day and from each batch of concrete from which concrete compression test cylinders are made. Air content shall be made in accordance with ASTM C231. Slump shall be determined in accordance with ASTM C143. Concrete compression test cylinders shall be taken as determined by the Owner. Each set of compression test cylinders shall be marked or tagged with the date and time of day the cylinders City of Fort Collins Power & Light-06.007 2C-16 were made, the location, the work where the concrete represented by the cylinders was placed, the delivery truck or batch number, the air content, and the slump. The cylinders shall be tested at 7 days and 28 days. The concrete test cylinders and all field control field testing shall be made by an independent testing laboratory retained and paid by the Owner. The Contractor shall cooperate with the testing laboratory representative. City of Fort Collins Power & Light-06.007 2C-17 SECTION 00300 BID FORM PROJECT: 5982 Substation Tower Installation City of Fort Collins PURCHASING DIVISION 215 NORTH MASON STREET, 2° FLOOR, FORT COLLINS June 27, 2006 - 2:00 P.M. (OUR CLOCK) 1: In compliance with your Invitation to Bid dated 6 27 06 and subject to all conditions thereof, the undersigned a or oration 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 r standard Bid bond in the sum of ***Five Percent of the Bid Amount*** — ------ ($ ***5% of Bid Amount ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the s ecified performance and ayment bonds is as follows: The.Cincinnatti Insurance Compa�iy 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. 7/96 Section 00300 Page 1 CONCRETE FOOTING CONCRETE PEDESTAL SEE NOTE 4 GENERAL NOTES: ANTENNA BY LIGHTNING MAST N.T.S. 42'0 PIER 1. EXISTING SUBCRADE FILL MATERIAL SHALL BE COMPLETELY REMOVED TO THE OWNER SEE NOTE 5 SEE NOTE 4 SANDY GRAVEL LAYER AND REPLACED WITH COMPACTED STRUCTURAL FILL A GEOTWHNICAL ENGINEER WILL INSPECT THE NATURAL SOBS AT THE BOTTOM OF THE EXCAVATION PRIOR TO SUBGRADE PREPARATION. PROVIDE ENGINEER 'q 0 o WITH 72 HOURS NOTICE WHEN THE AREA IS EXPECTED TO BE READY FOR LIGHTNING MAST I SUCH INSPECTION. N.T.S. C 2. CWJAFER ALL EXPOSED EDGES. LIGHTNING ROD WITH _ DAMPENING CHAIN 3. ANCHOR BOLT DIAMETER. PROJECTION AND EMBEDMENT LENGTH PER m o o MANUFACTURERS RECOMMENDATIONS. PROVIDE 42-INCHES MINIMUM ANCHOR ^' E4M^B IS DEPTH AND HEAVY HEX HEAD SOLT. LAND A 271/OLT PRWEMDE THREADS FULL LENGTH OF PROJECTION LEVELING I NUTS WITH WASHERS. FI NL A.S. DIAMETER MO LENGTH TO BE VERIFIED BY _ LIGHTNING MAST BASE PLATE ENGINEER WITH FINAL LIGHTNING MAST SUBMITTAL AND ANCHOR BOLT DETAIL AS REWIRED BY MFR. 4. DIMENSIONS ME BORED ON PRELIMINARY REACTIONS, (NOT SHOWN TO SCALE) BAsEPLATE DIMENSIONS, ENGINEER IFY FOUNDATION DIMENSIONS WITH FRNLRLIGHTNING MAST U9MFTTAL PRIOR TO LIGHTNING MAST BASE PLATE PLAN VIEW REBAR FABRICATION AND CONCRETE PLACEMENT. AND ANCHOR BOLT DETAIL i/2'=1'-0' AS REWIRED BY MFR. 5. OWNER WILL SUPPLY AND INSTALL TO THE TOP OF THE LIGHTNING MAST (NOT SHOWN TO SCALE) THE FOLLOWING AT A MINIMUM: 4'-g. ANTENNA -MANUFACTURER: ANOREW DECIBEL; MODEL/: D9589Y; PHONE / 1-800-255-1479. 9._6. ANTENNA MOUNT - MANUFACTURER: VAI.MONT; MODEL#: 81640 CHAIN MOUNT PLAN VIEW FOR HEX TOWERS, PHONE # 1-600-547-2151. 3/8--1-0- LIGHTNING MAST NOT SHOWN LARGE FLOOD LIGHTS - OUANTTTY 2. LOCATED NEAR THE TOP OF THE MAST; LIGHT MWUFACTURER IS NOT KNOWN AT THIS TIME ANCHOR DOLTS BY MFR LIGHTNING MAST MANUFACTURER IS TO OBTAIN THE NECESSARY ANTENNA 3/4CHAMFER SEE NOTE 3 INFORMATION AND USE A TYPICAL LARGE FLOOD LIGHT IN THE LIGHTNING MAST FINISHED GRADE. DESIGN REACTIONS e INSTALL AGGREGATE TO MATCH EXISTING: 3" CUSS 5 ROADBASE AND 6. DO NOT INSTALL LIGHTNING MASTS UNTIL CONCRETE FOUNDATIONS HAVE OBTAINED 26 DAY COMPRESSIVE STRENGTH. 3' ASTM C33 SIZE 57 LIGHTNING MAST NOT SHOWN ANCHOR BOLTS BY MFR 1S SEE NOTE 3 3 FINISHED GRADE. 3/4' CHAMFER o INSTALL AGGREGATE TO MATCH EXISTING; r CLASS 5 ROADBASE AND 3' ASTM C33 SIZE 57 3' D s C 3X4.1 (A36) LIGHTNING MAST 14 TIES O 12' WITH 1 1/2' 12-#7 SEE NOTE 6 CLEAR. PROVIDE 4 ADDITIONAL TIES 'o AT TOP OF COLUMN FOR 3' SPACING o 1 e m 14 TIES O 1 WITH 3 i.I i • I ROUGHEN JOINT SURFACE TO CLEAR. PROVIDE 4 ADDITIONAL TIES PROVIDE 1/4' AMPLITUDE MIN. #7 W/ 24' HOOK AT TOP OF PIER FOR 3' SPACING n I 9/16 0 CARD HOLE CTD FILL V-6' 2'-0' 3 COMPACTED STRUCTURAL 1 L np o SECTION C 17 ATLw i k SECTION A CONDUIT CLIP DETAIL N.T.S. e LIMITS OF EXCAVATION -0' SEE NOTE 1 rc U iv 42'0 PIER " 1 S 11 ANCHOR BOLTS BY MFR HAND HOLE, OFFSET FROM CONWIT CUP 12-07 EQUALLY SPACED o MIN LAP SPLICE 1'-4' STAGGER SPLICES O 12" BASE PLATE SEE NOTE 3 GROUT THK.= A.B. NUT FIT. + 1/2" i4 GROUT SHALL BE NON -SHRINK STANDARD SIZE CONDUIT •H AND FLOWABLE. CLIP (TYP 4) a r WITH 20' MIN 3/4' CMiAMFER SINGLE HOLE GROUND TAB SP CE,TIES STAGGER SPLICES 12-#7 (TYP) OFFSET FROM CONDUIT CLIP 2'-10" MAST SECTION B SECIIQN 2 70' LIGHTNING 1/Z'=1'-0' 1 -1 -o• NOT SHOWN N.T.S. FOUNDATION LINDEN SUBSTATION HARMONY SUBSTATION & TYPICAL ANCHOR BOLT DETAIL LIGHTNING MAST OVERLAND TRAIL SUBSTATION N.rs. FOUNDATION LIGHTNING MAST FOUNDATION NO. I DATE I DRAWN DU DIISIGNED DCO DATE 05-06 CHECM DNS SCATS AS SHOWN APPROVED DNS PROD. No. 06Q07 Smith Geotechnical/Engineering Consultants d Smith Fort Red Cedar Circle C� Gaotachnlcal Fort Collins, Colorado Bosza ENGINEERING CONSULTANTS (970) 490-2620 CITY OF FORT COLLINS SUBSTATION LIGHTNING TOWERS SHEETS SHEET LIGHTNING MAST AND 1 1 FOUNDATIONS GEOTECHNICAL INVESTIGATION FOR SUBSTATION LIGHTNING TOWERS FOR CITY OF FORT COLLINS UTILITIES 700 WOOD STREET P.O. BOX 580 FORT COLLINS, CO 80522 SMITH GEOTECHNICAL ENGINEERING, INC. 1225 RED CEDAR CIRCLE SUITE H FORT COLLINS, COLORADO 80524 9 (970)-490-2620 PROJECT NO.06.007 May 3, 2006 15cSmith Geotechnical ENGINEERING CONSULTANTS May 3, 2006 Project No. 06.007 Mr. Matthew Haag, Substation Engineer City of Fort Collins Utilities 700 Wood Street P.O. Box 580 Fort Collins, Colorado 80522 RE: Geotechnical Investigation for Substation Lightning Towers Project JDear Mr. Haag: Smith Geotechnical has conducted a subsurface exploration program for the referenced project. We are forwarding four (4) copies of our report presenting the results of our exploration and testing, and our engineering review with design and construction recommendations. The opinions expressed in this report are based upon our understanding of the proposed project and the data obtained from our subsurface exploration. I We have enjoyed the opportunity of working with you on this project. Please feel free to contact our office if you have any questions or require additional information. Respectfully, S GEOTECHNICAL Duane H. Smith, P.E. Enclosure I J 1225 Red Cedar Circle, Suite H • Fort Collins, CO 80524 • (970) 490-2620 • FAX (970) 490-2851 -1 J i J PERTINENT INFORMATION ABOUT YOUR GEOTECHNICAL INVESTIGATION REPORT Many construction problems are caused by site subsurface conditions. As troublesome as subsurface problems can be, their frequency and extent may be. lessened considerably. The following suggestions and observations are offered to help you reduce the geotechnically related delays, cost overruns, and other costly headaches that can occur during a construction project. A GEOTECHNICAL ENGINEERING REPORT IS BASED UPON A UNIQUE SET OF PROJECT SPECIFIC FACTORS. A geotechnical engineering report is based on a subsurface exploration plan designed to investigate a unique set of -project specific factors. These typically include: (1) the general nature of the structures involved, (2) the structures' sizes and configurations, (3) the locations and orientation of the structures on the site, (4) additional entities such as access roads, parking lots, and underground utilities, and (5) the level of additional risk which the client assumed by virtue of limitations imposed upon the exploratory program. To help avoid costly problems, consult a qualified geotechnical engineer to determine how any factors which change subsequent to the date of the report may affect its recommendations. Unless your consulting geotechnical engineer indicates otherwise, your geotechnical engineering report should not be used: • When the nature of the proposed structure is changed • When the size or configuration of the proposed structure is changed significantly • When the location or orientation of the proposed structure is modified MOST GEOTECHNICAL "FINDINGS" ARE PROFESSIONAL ESTIMATES. Site exploration identifies actual subsurface conditions only at those points where samples are taken at the time of sampling. Data derived through sampling and subsequent laboratory testing is extrapolated by geotechnical engineers who then render an opinion about overall subsurface conditions, their likely reaction to proposed construction activity, and appropriate foundation design. Even under optimal circumstances actual conditions may differ from those inferred to exist, because even the most qualified geotechnical engineer and the most extensive subsurface exploration program cannot reveal what is hidden by earth and rock. The actual interface between materials may be far more gradual or abrupt than a report indicates. Actual conditions in areas not sampled may differ from predictions. Nothing can be done to prevent the unanticipated, but steps can be taken to help minimize their impact. For this reason, most experienced owners retain their geotechnical consultants throughout the construction stage to identify variances, to conduct additional tests which may be needed, and to recommend solutions to problems encountered on site. SUBSURFACE CONDITIONS CAN CHANGE. Subsurface conditions may be modified by natural or man made forces. Because a geotechnical engineering report is based on conditions which existed at the time of the subsurface exploration. Construction decisions should not be based on a geotechnical engineering report whose adequacy may have been affected by natural or man made forces. J �i Speak with the geotechnical consultant to learn if additional tests are advisable before construction starts. Construction operations at or adjacent to the site, and natural events such as floods, earthquakes, or groundwater fluctuations will affect subsurface conditions and thus affect the adequacy of the geotechnical report. The geotechnical engineer should be consulted on any such events to determine if additional tests are necessary. GEOTECHNICAL SERVICES ARE PERFORMED FOR SPECIFIC PURPOSES AND PERSONS. Geotechnical engineers' reports are prepared to meet the specific needs of specific individuals. A report prepared for a consulting civil engineer may not be adequate for a construction contractor or even some other consulting civil engineer. Unless indicated otherwise, this report was prepared expressly for the client involved and expressly for purposes indicated by the client. Use by any other persons for any purpose, or by the client for a different purpose, may result in problems. No individual other than the client should apply this report for its intended purpose without first consulting with a qualified geotechnical engineer. No person should apply this reportfor any purpose other than that for which it was initially intended without first conferring with a geotechnical engineer. A GEOTECHNICAL ENGINEERING REPORT IS SUBJECT TO MISINTERPRETATION. Costly problems can occur when other design professionals develop their plans based on misinterpretations of a geotechnical engineering report. To help avoid these problems, a geotechnicaI engineer should be retained to work with other appropriate design professionals to explain relevant geotechnical findings and to review the adequacy of their plans and specifications relative to ,geotechnical issues. BORING LOGS SHOULD NOT BE SEPARATED FROM THE ENGINEERING REPORT. Final boring logs are developed by geotechnical engineers based on their interpretation of their field logs and laboratory evaluation of field samples. Only final boring logs customarily are included in geotechnical reports. These logs should not be reproduced for inclusion in architectural or other drawings because drafters may commit errors or omissions in the transfer process. Although photocopy reproduction eliminates this problem, it does nothing to minimize the possibility of contractors misinterpreting the logs during bid preparation. When this occurs, delays, disputes, and unanticipated costs may result. To minimise the likelihood of boring log misinterpretation, give contractors ready access to the complete geotechnical engineering report prepared for the project. Those who do not provide such access may proceed under the mistaken impression that simply disclaiming responsibility for the accuracy of subsurface information always insulates them from attendant liability. Providing the best available information to contractors helps to prevent costly construction problems which may occur. OTHER STEPS YOU CAN TAKE TO REDUCE RISK. Your consulting geotechnical engineer will be pleased to discuss other techniques which can be employed to minimize any risk. In addition, many engineering organizations have developed a variety of materials which may be beneficial. I TABLE OF CONTENTS A. INTRODUCTION........................................................................................................................ I A.1 PROJECT INFORMATION.................................................................................... I A.2 SCOPE OF SERVICE.............................................................................................. I A.3 SITE LOCATION AND DESCRIPTION................................................................ I A.4 REPORT FORMAT................................................................................................. I B. EXPLORATION RESULTS........................................................................................................ I B.1 SCOPE OF EXPLORATION..................................................................................2 B.2 SUBSURFACE EXPLORATION PROCEDURES................................................2 B.3 SUBSURFACE CONDITIONS...............................................................................2 BAGROUNDWATER DATA.......................................................................................4 C. ENGINEERING RECOMMENDATIONS..................................................................................4 C.1 PROJECT DATA.....................................................................................................4 C.2 DISCUSSION.........................................................................................................4 C.3 FOUNDATION RECOMMENDATIONS..............................................................4 C.3.1 Site Preparation...............................................................................................4 C.3.2 Foundation Recommendations........................................................................5 C.3.3 Frost and Foundation Depth Considerations...................................................5 C.3.4 Backfill and Fill Requirements.......................................................................5 D. OBSERVATION AND TESTING...............................................................................................6 E. STANDARD OF CARE..............................................................................................................6 APPENDIX A Boring Location Plan APPENDIX B Unified Soil Classification System Description of Terms Key to Boring Logs Boring Logs APPENDIX C Laboratory Test Results I A.1 PROJECT INFORMATION A. INTRODUCTION This report summarizes the subsurface investigations, laboratory testing, conclusions, and recommendations as -� prepared by SMITH GEOTECHNICAL for the proposed addition of lightning towers to the. A.2 SCOPE OF SERVICE The scope of service for this subsurface exploration is limited to: Advancement of three (3) borings, one at each of the three sites, for the purpose of gathering samples and data on soil, rock, and depth to groundwater: 2. Visual classification of samples obtained. 3. Laboratory testing of samples. 4. Engineering recommendations. A.3 SITE LOCATION AND DESCRIPTION The sites investigated are for the proposed addition of lightning towers to the existing Harmony, Overland Trail, and Linden Electrical Substations in Fort Collins, Colorado. The substations are located in commercial areas within the city limits of Fort Collins, and are in existing substations with existing electrical equipment in i place. The sites are generally flat with a layer of gravel across the site, with no trees or shrubbery on the sites. The sites are at an approximate elevation of 5,000 feet above sea level. A map is included in Appendix A 1 which shows the site locations. A.4 REPORT FORMAT The purpose of this report is to present field observations and visual classification of soils, summarize laboratory results, and provide engineering recommendations. Provided in Appendix A to this report are the Boring Location Plans showing boring locations with respect to existing and proposed features. Appendix B contains Boring Logs showing the type and depth of soil changes and water table locations along with soil classification information and definitions of terms and symbols. Appendix C contains laboratory test results. I B. EXPLORATION RESULTS BA SCOPE OF EXPLORATION The fieldwork, conducted on April 13'', 2006 consisted of inspecting and sampling one (1) boring per each of the three substations, numbered BH-1. The boring where advanced to depths ranging from twenty-five (25) feet to thirty (30) feet below grade. Borings for all three sites were advanced for the purpose of gathering subsurface data and soil samples. B.2 SUBSURFACE EXPLORATION PROCEDURES The borings were advanced with a Central Mine and Equipment (CME) 75 truck mounted drill rig with a 4" continuous flight auger. Samples were recovered from the boring for visual classification (ASTM D-2488) in the field and for future laboratory testing. Disturbed soil sampling was performed in accordance with ASTM D-1586, Standard Penetration Test (SPT). Using this procedure, a 2-inch outside diameter split -barrel sampler was driven into the soil by successive blows of a 140-pound weight falling 30 inches. After an initial set of 6 inches, the number of blows required to drive the sampler an additional 12 inches was recorded as the "penetration resistance" or "N-value". The N- value is an index of the relative density of cohesionless soils and the consistency of cohesive soils. i Samples were obtained using a California Sampler that consists of a 2-1/2-inch outside diameter barrel with 2- inch diameter internal brass liners. This sampler is driven into the soil in a similar manner as the split -barrel sampler by successive blows of a 140-pound weight falling 30 inches in accordance with ASTM D-1586. As the samples were obtained in the field, personnel from SMITH GEOTECHNICAL visually classified them. Representative portions of the samples were then returned to the laboratory for further examination and verification of field classification. Boring logs, indicating the depth and identification of the various strata, and water level information are included in the appendix. Charts illustrating the soil classification procedure, and descriptive terminology and symbols on the Boring Logs are also included in the appendix. B.3 SUBSURFACE CONDITIONS The subsurface conditions encountered in the borings have been used to infer the general soil conditions at the site. We assume the soil conditions between borings are fairly represented by the borings. During construction, if conditions are encountered other than those described below and as shown on the Borings Logs included in the appendix to this report, it is important that a geotechnical engineer be informed to evaluate the exposed conditions with respect to their effect on our recommendations. The following is a brief review of the various layers of soil encountered for the different project areas. All depths given are relative to the ground surface at the time of drilling. Please refer to the boring logs in Appendix B and the laboratory test results in Appendix C for a more complete description of soil conditions at each boring location. I j General Description of Subsurface Conditions HARMONY SUBSTATION: CLAY: Clay was found from below the gravel base layer to approximately nineteen (19) feet below grade at the Harmony Substation. The clay was generally tan to brown in color, moist, stiff, plastic, and has fine grained sand throughout. The soil has a low potential for swell with a swell pressure measured at approximately 1780 psf with 0.3% volume change. SAND: Sand was encountered below the overburden clay and extended to an approximate depth of twenty seven (27) feet below grade. The sand is tan in color, wet, medium to very dense, fine to coarse grained, well graded, and is mixed with clay CLAYSTONE: Claystone was encountered below the sand layer and extends to the extents of the boring at thirty (30) feet. The claystone is tan to mottled brown, moist, soft, severely weathered, plastic, and interbedded with fine grained sand. The claystone has a high swell potential with a swell pressure measured at approximately 15,232 psf with 3.3% volume change. OVERLAND TRAIL SUBSTATION: CLAY: Clay was found from below the gravel base layer to approximately seven (7) feet below grade at the Overland Trail Substation. The clay was generally brown in color, moist, stiff to very stiff, and plastic. The clay has low to moderate swell potential with a swell pressure measured at approximately 4,512 psf with 1.1% volume change. SAND: Sand was encountered below the overburden clay and extended to an approximate depth of twenty (20) feet below grade. The sand is tan in color, wet, loose to medium dense, fine to coarse grained, with sub angular gravel to 3/8", and is mixed with clay. CLAYSTONE: Claystone was encountered below the sand layer and extends to the extents of the boring at twenty five (25) feet. The claystone is brown, moist, soft, severely weathered, plastic, and interbedded with fine grained sand. The claystone has a high swell potential with a swell pressure measured at approximately 12,737 psf with 2.2% volume change. LINDEN SUBSTATION: FILL: Fill was found from below the gravel base layer to approximately nine (9) feet in depth below grade. The fill was highly organic material consisting predominantly of coal and hydrated lime slag. The fill was very soft with low penetration resistance and can not be used as support of any type of foundation. Sandy GRAVEL: Sandy gravel was encountered below the layer of fill and extends to a depth of approximately twenty (20) feet below grade. The gravel is brown in color, wet, dense to very dense, subangular, with cobbles and fine to coarse grained sand. SANDSTONE: Sandstone was encountered below the gravel layer and extends to the extents of the boring at twenty six and one half (26.5) feet. The sandstone is tan in color, moist, very soft, complete to severe weathering, and is fine to medium grained. I BA GROUNDWATER DATA Groundwater levels should be expected to fluctuate seasonally and yearly from the -� groundwater readings noted on the boring logs. The time of year that the borings were drilled and the history of precipitation prior to drilling should be known when using the groundwater readings from the boring logs to extrapolate water levels at other times. Groundwater was encountered in all three borings at the time of drilling with the depths as follows: Harmony was at 14.1 feet below grade, Linden was at 9.0 feet below grade, and Overland Trail was at 18.6 feet below grade. The water level measurements were taken only at the time of drilling and would be expected to fluctuate from the depths measured during drilling. C. ENGINEERING RECOMMENDATIONS CA PROJECT DATA The engineering recommendations made in this report are based on our understanding of the project as discussed in the following paragraphs. The recommendations are valid for a specific set of project conditions. If the characteristics of the project should change from those indicated in this section, it is important that we be informed so that we can determine whether the new conditions affect our recommendations. C.2 DISCUSSION The structures to be installed at the three substation sites consist of 70 foot high steel towers to be supported on a concrete foundation. Only one tower is to be installed at each site. One bore hole was advanced within or near the expected footprint of the structure. The recommendations of this report are based on the conditions encountered in the bore holes. The subsurface conditions encountered at the three electrical substation sites vary. Harmony Substation and Overland Trail Substation sites are similar with Linden Substation being very different. The near surface soils at Harmony and Overland Trail Substations are predominantly clay and are well suited for the installation of either drilled piers or spread footings. The Linden site, due to the fill encountered and the high groundwater, is not well suited for the installation of a drilled pier. Drilling would require the use of a temporary casing to stabilize the hole. The mud and muck that would result from drilling to bedrock below the water table would have to be pumped from the hole and removed from the site. Due to the conditions, a spread footing is recommended at Linden with the subgrade over excavated to a depth of approximately nine (9) feet below i grade and the soil replaced with structural fill. C.3 FOUNDATION RECOMMENDATIONS C.3.1 SITE PREPARATION All work areas should be stripped of any and all organic materials, topsoil, vegetation, or foreign material prior 4 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through 1 BID SCHEDULES BID SCHEDULE A - HARMONY SUBSTATION LIGHTNING MAST ITEM NO. DESCRIPTION EST. QTY UNIT UNIT PRICE TOTAL 1 Mobilization, Insurance, Bonds 1 LS $ 2,269 2,269 2 Drilled pier excavation 1 LS 1,180 1 180 3 Spoil 1 LS 590 590 4 Concrete pier foundation 1 LS 4.571 4,571 5 Lightning mast materials 1 LS 10,030 10.030 6 Lightning mast installation 1 LS 2,950 2 950- 7 Site restoration, Aggregate surface replacement, Final grading. 1 LS 11770 1,770 Subtotal Bid Schedule A 23.360 BID SCHEDULE B - OVERLAND TRAIL SUBSTATION LIGHTNING MAST ITEM NO. DESCRIPTION EST. QTY UNIT UNIT PRICE TOTAL 1 Mobilization, Insurance, Bonds 1 LS 21269 2 Drilled pier excavation 1 LS .2)269 1,180 1 180 3 Spoil 1 LS 590 590 4 Concrete pier foundation 1 LS 4,571 4,571 5 Lightning mast materials 1 LS 10 030 10,030 6 Lightning mast installation 1 LS 2 950 2 950 7 Site restoration, Aggregate surface replacement, Final grading. 1 LS 1 12770 1,770 Subtotal Bid Schedule B 23,360 BID SCHEDULE C - LINDEN SUBSTATION LIGHTNING MAST ITEM NO. DESCRIPTION EST.QTY UNIT UNIT PRICE TOTAL 1 Mobilization, Insurance, Bonds 1 LS $ 21269 $ 21269 2 Excavation 1 LS $ $ 1,180 3 Spoil 1 LS $ 1 590$ 590 4 Structural fill 1 LS $ 1,180 $ 1,180 5 Structure backfill 1 LS $ 2,950 $ 2 950 6 Concrete spread footing foundation 1 LS $ 51782 $ 51782 7 Lightning mast materials 1 LS $ $ 8 Lightning mast installation 1 LS $ 2 50 $ 2.950 9 1 Site restoration, Aggregate 1 LS $ 1 770 $ 1 770 7/96 Section 00300 Page 2 to any work being conducted. These materials should not be used as fill or backfill for any structures proposed for the site. Site excavations should be graded to direct water away from the excavations to minimize subgrade saturation. C.3.2 FOUNDATION RECOMMENDATIONS C.3.2.1 Harmony and Overland Trail Substation The foundation for the proposed towers at the Harmony Substation and Overland Trail Substation are recommended to be a 42-inch diameter drilled pier with a minimum pier length below grade of ten (10) feet. The piers have has been designed for a Lateral Load at the base of the tower of 3.5 kips, a base moment of 110 kip -feet, and a vertical load of 4.0 kips. C.3.2.2 Linden Substation The foundation for the Linden tower shall be a spread footing. The existing subgrade (fill) material shall be removed to a depth of approximately nine (9) feet below grade and replaced with compacted structural fill. The footings shall be designed for a maximum bearing pressure (dead plus live load) of 2,000 pounds per square foot The footings shall be designed in accordance with ACI 318-Building Code Requirements for Structural Concrete and shall be designed for all compression and tensile loads expected due to all dead, live, uplift loads, hydrostatic pressures and lateral loads from seismic and wind. - The structural fill shall be placed in 12-inch lifts and compacted to a minimum density of 98% of the maximum density in accordance with ASTM D698 at +2% of optimum moisture content. C.3.2.3 Pier Foundation Design The piers shall be designed for all compression and tensile loads expected due to all dead, live, uplift loads, hydrostatic pressures and lateral loads from seismic and wind loads in accordance with ACI 318 and the drilled SHAFT MANUAL, Volume I and II, U.S. Department of Transportation, Implementation Package 77-21 1 and ACI 336.1, Reference Specifications for the Construction of Drilled Piers. All piers shall have minimum reinforcement of 0.33% to resist the potential swell pressures and any additional reinforcement as necessary to resist all expected tensile forces. C.3.2.4 Seismic Design For seismic design of structures and footings at the site, the site should be considered as Site Class D in accordance with ASCE 7-05. C.3.3 FROST AND FOUNDATION DEPTH CONSIDERATIONS The foundation should be placed at least 30-inches below the final exterior grade to provide proper protection l from frost damage. j C.3.4 BACKFILL AND FILL REQUIREMENTS All backfill in areas that will not support external loads should be compacted to a minimum of 95% of the maximum dry density as determined by a Standard Proctor test (ASTM D698), at +2% of the optimum moisture content. The materials from the required excavations at Harmony and Overland trail Substations are suitable for use as backfill materials. The materials from the required excavation at Linden Substation are not suitable for use as backfill and must be spoiled offsite. Structural fill, placed beneath structures and in areas that will support roads or other structures, shall be compacted to 98% of the maximum dry density as determined by a Standard Proctor test (ASTM D698), at +2% of the optimum moisture content, unless noted otherwise. If the material has less than 12% fines, the fill shall be compacted to 75% relative density in accordance with ASTM D4253 and D4254. Only sand and gravel type materials shall be used as structural fill beneath structures. To assure adequate and uniform density is obtained, a geotechnical engineer should be retained to test all fills D. OBSERVATION AND TESTING Since a project of this nature requires many soil -related judgments and decisions, we recommend that an experienced geotechnical engineer be retained as part of the construction team. We strongly recommend that a geotechnical engineer visually inspect all footings prior to placing backfill or concrete. We also recommend that a limited number of compaction tests be performed to document the degree of compaction obtained in backfill and structural fill and recommend concrete placements be tested to ensure the quality and requirements for the concrete are met. E. STANDARD OF CARE i The recommendations contained in this report represent our professional opinions. The recommendations are based in part on information supplied by others. These opinions were arrived at in accordance with currently accepted engineering procedures at this time and location and based on the site conditions and type of structures proposed at the time. Other than this, no warranty, either expressed or implied, is intended. Prepared and submitted by: ENGINEERING, INC. f SIC Duane H • .6370 = . 6 APPENDIX A Boring Location Plan I No Text C DRAWN: MAE PROD. #:06.007 SCALE: APPVD: DS DATE: 5/3/06 NOT TO SCAL Fort Collins Power & Light Harmony C G�otrl_. ENGINEERING CONSULTANTS DRAWN: MAE PROD. #:06.007 SCALE: Fort Collins Power & Light APPVD: DS DATE: 5 3 06 NOT TO SCALE GeONSU'' / / Overland Trail ENGINEERING CONSULTANTS x X __-_. _ X _ __._ __ X. i -} I n 0 z C3 r � I by �Ic r d z ci I "Am i I o z I SWITCH GEAR BUILDING 700 C),7 f'1 Z I � j I _--F.__.._— -- __..X _...._-X--_.. j/ PROPERTY LINE DRAWN: Fort Collins Power & Light I Linden Et4GINEERING CONSULT A NANTS MAE PROD. #:06.007 SCALE: APPVD: DS DATE: 5 3 06 NOT TO SCALE APPENDIX B Unified Soil Classification Svstem Description of Terms [rev to Boring Logs Boring Logs USCS Classifications GROUP SYMBOL GRCUP NAME <OX Plu, No. Z00 <15% aloe No. 200 Lean day 15.Zm plat No. 2C0<—�%and �%Arerar1 Leen aay w,m //J PI>7 and Platt— � L\ \� % uM <% gnve \\y ,and l+Lean Cay wlm gravel an or'no" a sand �Y, gravel- `r <is% ravel—+ g SandV '.eon day -ln', >?CX plu, No. 200< >15% Sandy lean Cay wan gravel urra <% gnve, <LX and Gravatly lean day r Gravatly lean d.y w,m vra ' <7C%pla, No 203 oleo Na 200 Siiry tray 15-29% plat Na.200 % arM J% graval -.-SBry day wnh ,arw 4<PI<7 end ----C L-M L %and <: w Siiry day graves !narganrc F--- .lot% an or atwre \ "sand >Y. gravel <:5%gravel—+•SaMv wlm graval i 1, clay I >30% Plot No. 200<w >15% �a. gravel— $andY ,:try daV wnh gnve, % sand <% 'r.vni ravey0clay s.ntl G,avr,N alty aay wnn and <,C% P,m No. 200-::Z+e<15% plu, Nd- 200- lilt LL <5 Q a1<4 l, 15 29X plus No, '00� % vntl Zx gnval�5ilt w,dt and or Plop �,1 L vM <x gnve,+lilt \ wnn gravel harow"A".Dine JX um >X graval--+<75%gnvro—Sandy,dt >10%Plm No. 20C >15%'tare,—+SuwV'm v"n graven % and <X'r... 5% and Gravelly na >'S% um ' Gnvetly "It "I'mnr,d l —wendned •,1 Oryan,c( = <0JS1----►CL Sea figure lh dned <"a%pwu No.'00 < 15% aw, Na, 2Ga- Fat day 15-29% Oda No, 200 % sarM LX 1ay .e,tn von PI plop on or--aC H % urW <% gnrel+Far day w,m gravel - +bow "A" -line �s%and>%gnrN G15%q,."—'Sandy la, d.Y r >30X pW rNo.1W< >15%gravel—� Sandy fat day w rn'rave, \a / I. u no <% gravel Gravelly lax my �<15%and--1 rmrganm/ >15%una 'Gnwtly fat clay v„tn •and - \ <20x plu, No. 200 15% plat No. 200 Ela,nc silt }5-Z9X elm No. 290 -- %and Zx 9nvel—Eiaaac rah -'Inrand S.I. Pl Plop -M H � x ad n<X gnvah Elen,c silt w,m , grare / 'm <20%plus LL>_5 Ct A amine �s X sand ZY 9,.e.ic �<15X gr.,vr No. <'00< a">15%gnaai \ +S,noy'lame slit Sandy alamc„IL.'In gnve, \ urW <X gravel <15X rand- Gravelly eiavm III, , >IS%vrW GnretlY elai„e nit w,tn and LL- o,ndriad Orgam< <0.75--e-QH —'YSee figure lh � LL,dt dried -far Classifying rine-Grained Soil (50 °o or More Passes No. 200 Sieve) FIG. 1 FoW Chart GRCUP SYMBCL GRCUP NAME line, - G17a and IBC<7 G W vrM—.- W.Ilynded gravel g<5% - �<75% 215X vrM—� Wadoed grawnn vel '.. yn - - Gr<3 arvo/., 1>C->3— -GP <15% ureo — �115%,ario— Poody traded 9,.-I Poorly traded gray.l -M and flrv+-ML ar MH��G W'G M�<75% and— 15% arM W.11,exc d gnrN wim -it Wepynded gn.el w,m ,d, and sand +nd 1<C-<3 ( /� fin.,-CL, C4,� G W -G C <15rand—+weliynded � gray., w,m aay tar nlcv clay, GaAVE2 / for CL.MLI 115% sa.,d W.,lyr.ded gavel w,m day +M s+^a % 9nral >(\/te a-LN line < la, alry dey and ,end) %vM \,tram-ML or MH —GP-GM <15%and--+ Poorly gonad graval -In '-it Ou<d end(dr 1>CJ3 215% and —a Poody e. gravel wnn III,-- .I. and Ifr,or-GP-GC.--11<15%vnM-----.� Poorly graded a r,-i-In a,v Iar v- ... Iw CLMLI 1215x vM----� \ ^ri Pearly gonad gn-el wmn c„v a,w' nd tiN dw and , al line,-ML dr MH G M <15% and—+ S,Iry gravel >15% v„d Sliry gravel wi,n ,and >12%line, fir,.,-CL or CH GC <15%vrW—C."Y gnv., 1 15% and --a- C, v.Y gravel whh ,a nd fine,-CL-ML G C -G M <L% um — �LIS% Silrv. dayey'revel vrM -Silty, dayev g1...I ..ran and Dine, Cu25 and S W <15% Wellgrad.d ,and /<5"- �\ IIS% gravel—•- We,lynded ,an�.v1n gn•al C.,<6 and/or 1XJ3 S P -� -� <75X gravel- Poar,y grade' am 1 + 115% gravel—+- Pearly grade,' and w, n gravel Bros-ML.,MH-SW-SM<15%gravel Well -traded rand w,m,dl / sCu->6 and 1<Cc<7� LIS% S W C-�<15% Wellynded v^c wim ul, and Ynve, 1n1 ,pry c,ayY -S m-- CH. galw.dyn d veewnn c11r SANO for CL MU 215% gravel--+ W.,lynded nod -,In clay ,ad %vnd>��5-1 Ilnn� Idr dl rV cl+r aM gene,, MH - SP-SM. line,-ML or <15X gravel— add,r,y Gr edevr uM wnn ,ill `\ CuG6aMlol l>C_>3� >15%gnvel.—+ Poorly graded ,.M h offend 'I.-,l lion-C L, CH,—SP-SC <15x gr,.e(--+ I� Poorly w,y graded „nd n ,v Of avl r,d„ (or CL L) �215% ghee,— POdlly graded and von, c,ay and V...' Iar ulh cbv ,nd g,.. •d fine,-ML ar MH S<15x SIIY lard L15%q.... l—SAl rand w1h9 a-1 linen-CL or CH -SC <15% Clavev a^d 215% gravel— clay., and wi,h gnve, rne,-cL.HL--SC-S31A <15%gra-.1---,-saty. d.raY„nd 215% grr•el---r Silty, clayey ,ar 1 -,In ,.-I a„il, room. Tt,an 5n -% Ratainad ran No. 200 Sieve) Description of Terms Clayey Soils Sandy Soils ' e �I, Umco mnec Comp cs veu Co to stone i N Censs ency R is + Jen rt, i Strength '..psi C Very Loose - _ Soft Loose �] a a-fiMediStiff Soft -- 1COO-000 -�— 1u~ _� ble�ium Dee) Ise = - - i 1 1 b-30 Very Stiff 400u dOnC t, Jer Dense r . , Descriptions of Rock Hardness Very Hard - Cannot be scratcned with knife or pick point. Harf1 - Can be scratched with knde or pick only with difficulty. Hard )I';w of hemmer -egwmc detach h a d .,pac:mno. Moderately Hard - Can be scratched with Knife or pies. 'gouges cr ryes Ic `v i fun fe p .:;n be eet e +, c ty .: ow al cic; .:;. t. Hand specmen ctn be detached by a moderate bicv. Medium -Can 'ne grooved readdywrth knife or pick paint, Can ne r.s - ! 'o c:e s !�everai n 5 if, r„Cei :.;•.vs a pick point- Small thin pieces can be broken try Linger pressure. Soft - Can be gouged cr grooved readily with knife or oick point, f &n be excavated in chips to pieces , a] inc r s n ,i: e oy n,odemte blows of a pick point. Small thin pieces can be Broken by finger pressure. Very Soft - Can be carved with a knife- Can be excavated readily with pick point. 'feces an inch or more in thickness esn be broken by anger pressure. Can be scratched readily by fingernail Descriptionof Rock Weatherinq Fresh - Rock fresh, crystals bright, a few joints may show slignt staining. Very Slight - Rock generally fresh, joints stained. some joints may contain c:ay if open, crystals in broken `ace show ocght. Slight - Rock generally fresh, joints stained, discolciation extends intc rock uo to one incn. Open .oints contain clay Moderate - Significant portions of rock show disceieration and weaineurg effectsshows significant loss of strengm as acnpbueci with `resh roes. Moderately Severe - AO rock except quartz discolored or stained. Peck shows severe Toss of strength and can :re excavated v,dh pick coral. Severe - All rock except quartz discolored or stained. Rock fame dear and ovident, but reduced in strength 'o strong soil Some •ragments of strong rock usually left_ VerySevere- All rock except quartz discolored cr cained. Rcckfvb-ic disc^ mable, but mass ef`ectve.y educed[ ispithoriy fragments of strong rock remaining. Cori - Rock reduced to sell- flock fabne not dscc,n „ale or nly Ir. sma,l scorered Iccators Quoit - ekes or stringers. Description of Moisture Content Pry - No obvious moisture present in sample. Dam - Srnail amount of moisture can be observed in sample. Moist - Moisture present in sample, no free water present. Wet - Sampleis saturated, visible freewater present_ Description of Unified Soil Classification System Terms 'amok.s :.pnta rang less than 15% of a soil constituent will be describt d as naving a "trace" amount or silt -lcv sane. or ;rave I 3mpIPS ccntaining 15% to 29% of a soil ccnstituent will be desLn ed as'`wrtn i e. wlh silt, wrth clay. with sand, etc amples contcIr,1ng 30f, to 50% of a snit ocnsIrtuent will be descabed as. "sdry" "oLyey ''sandy',or "gravelly' Symbol Description Strata symbols Gravel Clay Sand Shale and Claystone r� Schist Sandstone J Msc.__Symbols T Water table at boring completion Soil Samplers J California Split Barrel Notes__ 1. These logs are subject to the limitations, conclusions, and recommendations in this report. 2. EOH = End Of Hole 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 surface replacement, Final grading. Subtotal Sid Schedule C 28,701 1 $289701 TOTAL PRICE (BID SCHEDULE A, B, AND C). **Seventy five thousand four himdred twenty one dollars** ($ 75,421 )- (Use Words) (Use Figures) 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: _Addison Construction Co. COMP Y �1 v' 06/27/06 Signature Lois A. Blaser Date Vice President Title A)I—A- License Number (If Applicable) ,r. -("Seal' r' if Bid 's by corpo tion) li Attest ✓; dr s 1 6 Horse Creek Road Cheyenne, WY 82009-9338 Telephone (307) 638-1538 State of Incorporation - Wyoming 7/96 Section 00300 Page ` CF—Smith BORING LOG _ Geotechnical ENGINEERING CONSULTANTS BORING NO. BH-'I PROJECT JOB NO. SHEET OF Fort Collins Substation Lightning Towers 06.007T 1 1 CLIENT FIELD ENGINEER City of Fort Collins Utilities Kent Flowers DRILLING COMPANY DRILL RIG High Plains Drillin CME-75 with 4'' CFA LOCATION ELEVATION DATE Harmony Substation Grade 04/13/06 DEPTH (Feet) LOG DESCRIPTION OF MATERIAL BLOWS/6 IN. INCREMENTS REC. REMARKS (PER FOOT) 0 GRAVEL: CLAY: brown, moist, stiff, plastic, with fine grained 5/10 4 - sand (15) CLAY: brown, moist, stiff, plastic, with fine grained 5/5 5 _ sand (10) j i CLAY: tan, moist, stiff, plastic, with fine grained sand, 4/5 6 10—— calcareous veins g) i CLAY: tan, moist, stiff, plastic, with fine grained sand 5/7 4 15 (12) //� 20 SAND: tan, wet, medium dense, fine to medium 9/19 g grained, with clay (28) SAND: tan, wet, very dense, fine to coarse grained, 19/23/32 25 — well graded, with clay (>50) 10 CLAYSTONE: tan to mottled brown, moist, soft, 50 for 5" 4 - Boring Backfilled With -- - "— 30 severe weathering, plastic, interbedded with fine >50 Auger Cuttings rained sand ECK 1, C Smith BORING LOG $ Lf Geotechnical ENGINEERING CONSULTANTS BORING NO. BH 1 — -- F PROJECT JOB NO. SHEET OF Fort Collins Substation Lightning Towers 06.007T 1 1 CLIENT FIELD ENGINEER City of Fort Collins Utilities Kent Flowers DRILLING COMPANY DRILL RIG High Plains Drilling CME-75 with 4'' CFA LOCATION ELEVATION DATE Overland Trail Substation Grade 04/13/06 DEPTH (Feet) LOG DESCRIPTION OF MATERIAL BLOWSI6 IN. INCREMENTS (PER FOOT) REC. REMARKS 0 - GRAVEL. CLAY: brown, moist, very stiff, plastic 8/8 (16) 8 CLAY: brown, moist, stiff, plastic 5/5 4 10 SAND: tan, wet, loose, fine to coarse grained, with subangular gravel to 3/8", with clay 3/4 (7) 2 15 SAND: tan, wet, medium dense, fine to coarse grained, with subangular gravel to 3/8", with clay 10/12 (22) 8 20 -_- - SAND: tan, wet, medium dense, fine to coarse rained, with subangular gravel to 3/8", with clay 8/11 19 8 -- 2j CLAYSTONE. brown, moist, soft, severe weathering, plastic, with fine grained sand 50 for 4" >50 8 Boring Backfilled With Auger Cuttings EOH: 30 t C Smith BORING LOG Geotechnical ENGINEERING CONSULTANTS BORING NO. BH 1 PROJECT JOB NO. SHEET OF Fort Collins Substation Lightning Towers 06.007T 1 1 CLIENT FIELD ENGINEER City of Fort Collins Utilities Kent Flowers DRILLING COMPANY DRILL RIG High Plains Drilling CME-75 with 4'' CFA LOCATION ELEVATION DATE Linden Substation Grade 04/13/06 DEPTH (Feet) LOG DESCRIPTION OF MATERIAL BLOWS/6 IN. INCREMENTS (PER FOOT) REC. REMARKS GRAVEL. -- j, — FILL: black, damp, very soft organic soil with coal and lime slag 4/ (11) 8 5 - _ ,_ - FILL: black, damp, very soft, organic soil with coal and lime slag 1 for 12" (1 ) 8 10 Sandy GRAVEL: brown, wet, dense, subangular gravel to 3/4" dia., with cobbles and fine to coarse grained 14/18/19 (37) 10 sand - 15 Sandy GRAVEL: brown, wet, very dense, subangular gravel to 3/4" dia., with cobbles and fine to coarse 20/40/40 (>50) 10 grained sand 20 I Sandy GRAVEL: brown, wet, very dense, subangular gravel to 3/4" dia., with cobbles and fine to coarse 50 for 5" >50 2 _ 1grained sand SANDSTONE: tan, moist, very soft, complete -_-__ — weathering, fine to medium grained sand - _ 25 = SANDSTONE: tan, moist, very soft, severe weathering, fine to medium grained sand E: SANDSTONsame 50 for 2" for 50 0) >50 Baring Backfilled With Auger cuttings -_- EOH: 30 APPENDIX C Laborator� l est RCSUIIS I o -- O L a Q o m � O n — m x O m 7 �7 ;n in m r_ Q N N N N tD UJ 0 Z N ) M m o (1 U-5 O LL 0 Ul _ F E N N J J d N O a_W p v N m N Q J W F- N N O o ❑ CO Q W i D N LL O } O d' m Q O 47- N f� .- � O 0 0 0 O of N M O c0 O- 1O O O O m C_ L N N � > N O � UI Oj, U) "i+ IQ 19 N IO f0 O (0 f0 N m m N T f0 10 O O O N O C O C C C` C " C: -0 C C O 0 0� O O O O O G O O O O O O O O N N O co E U U Um U .U)— 'NN m= U i ------------------- O N W �. N m O 0 O N O r.. N U N Q z Y vc� m m v m d m m v N n N N d m N 0 Cl.-- N O N N CONSOLIDATION TEST REPORT -15 I I -12 l -3 I I U a. 3 -=--- I II W— - A TER ADDED -_. i - ----- II — Ili III -- - - 6 - i I -. - . --- 12 ; � �2000 ��000 �I ( 7� ��'0 0� 1) 20 50 100 200 �00 1�000 10000 �0000 -J,i 0(. _ Applied Pressure - psf Natural Dry Dens (pcf LL PI Sp. Gr. Overburden (psf) Po (psf)(psf) cc Cr Swell Press. Swell % eo Sat. Moist. 2 1. 8 % 99.4 3010 1719 0.1 MATERIAL DESCRIPTION USCS AASHTO CLAY: brown, moist, stiff, plastic, with fine grained sand i 06.007T Client: City of Fort Collins Otilities Remarks: FP,,),recNo. Fort Collins Substation Lightning Towers 1311-1 Elev./Depth: 4 CONSOLIDATION TEST REPORT SMITH GEOTECHNICAL Figure I I j CONSOLIDATION TEST REPORT ,s I I I I 6 3 I I --- it—`_--- — -- —._--- Ili ADD D 1 WATER E " s - --- - - - -- --- ---- I 12 �5� I 15— 10 20 90 100 200 500 1000 2000 5000 10000 �0000 50000 10000 Applied Pressure - psf ral Dry Dens. LL PI Sp. Overburden Po t c C Swell Press. Swell e Sat. Moist (pcf) Gr. (Psf) (psf) (psf) --Nat 17.3 % 11 L4 2973 17`;0 0.3 MATERIAL DESCRIPTION USCS AASHTO CLAY: tan, moist, stiff. plastic. with fine grained sand Project No., 06.007T Client: City of Fort Collins Utilities Remarks: Project: Port Collins Substation Lightning Towers I Source: 1311-1 Elev./Depth: 14 CONSOLIDATION TEST REPORT SMITH GEOTECHNICAL Figure CONSOLIDATION TEST REPORT -12 -3------- - i --- - --- -—------..... - ----- --.._ c m WATER ADDED 3 — - - -- i 2 � 600 i 15 13 20 50 100 200 1000 2000 5000 10000 �0000 500JO 1000) Applied Pressure- psf Natural Dry Dens. LL PI Sp, Overburden Pc r c C Swell Press. Swell e ° Sat. Moist (pcf) Gr. (psf) (psf) (psf) % I5.1 0 117.3 5633 15232 33 MATERIAL DESCRIPTION USCS AASHTO CLAYS'I ONE: tan to mottled brown, moist, soft, severe weathering, plastic, interbedded with fine grained sand Project No. 06.0071' Client: City of Fort Collins Utilities Remarks: Project: Fort Collins Substation Lightning Towers Source: 1311-1 Elev./Depth: 29 CONSOLIDATION TEST REPORT SMITH GEOTECHNICAL Figure CONSOLIDATION TEST REPORT 15 I , I II -6 3 I --- i III 1 a WATER ADDED — --- 'I I I I j 12 — ---- j �1000 10 20 50 100 200 500 2000 5000 10000 20000 50000 10000 Applied Pressure - psf Natural Dry Dens. LL PI Sp. Overburden P° C ° C r Swell Press. Swell e ° Sat. Moist. (pcf) Gr. (psf) (psf) (psf) % 15.7 % 109.4 3276 4512 1.1 MATERIAL DESCRIPTION USCS AASHTO CLAY: brown, moist, stiff, plastic Project No. 06.007T Client: City of Fort Collins Utilities Remarks: Project: Fort Collins Substation Lightning Towers Source: 1314-1 Elev./Depth: 4 CONSOLIDATION TEST REPORT SMITH GEOTECHNICAL Figure CONSOLIDATION TEST REPORT - 12 -- - --- --- - --- --- --------- - --- — I ' c d I '.. 3 --- - WATER ADDED ._ - 6 - —- I - -- - 9 - — — - - - ---- - - 12 - I ; �1000 10 20 50 100 200 500 2000 5000 10000 20000 50000 100001 Applied Pressure - psf Natural Dry Dens. (Pcfl LL PI Sp. Gr. Overburden (psf PC (pso C c(psi CrSwell Press. Swell °10 e 0 Sat. _ Moist. PI 4.0 % 117.6 3343 12-37 MATERIAL DESCRIPTION USCS AASHTO CLAYSTONE: brown, moist, soft, severe weathering, plastic, with fine grained sand . 06.007T Client: City of Fort Collins Utilities Remarks: Fort Collins Substation Lightning Towers �I I [Pro,ject: H-I Elev./Depth: 24 CONSOLIDATION TEST REPORT SMITH GEOTECHNICAL Figure SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 7/96 Section 00410 Page 1 YO 80 70 LY W 60 Z_ LL Z 50 W U LY W 40 0- 30 20 10 n Particle Size Distribution Report GRAIN SIZE - mm %_COBBLES % GRAVEL _ % SAND °/ SILT % CLAY 0.0 37.1 39 6 rz z SIEVE SIZE PERCENT FINER SPEC.` PERCENT PASS? (X=NO) 1 in. 100.0 .75 in. 96.6 .5 in. 78.8 375 in. 73.6 #4 62.9 Y8 56.7 416 50.9 430 45.0 #50 36.7 4100 28.5 #200 23.3 I Soil Description SAND: tan, wet, medium dense, fine to coarse grained, with subangular gravel to 3/8", with clay Atterberg Limits PL= LL= P1= Coefficients D85= 14.7 D50= 3.64 DJ0= 1.00 D30= 0.173 D15= D10= Cu= C'= Classification USCS= AASHTO= Remarks ino specification provided) Sample No.: Source of Sample: Bii-1 Location: SMITH GEOTECHNICAL Date: 04/1_4i06 Elev./Depth: 14 Client: City of Fort Collins Utilities Project: Fort Collins Substation Lightning Towers Project No: 06.0071' Ficture 8t M Cr W 60 Z Z .50 W U W W 40 d 30 20 10 0 Particle Size Distribution Report 1 1_ . ., u 4 COBBLES % GRAVEL 0.0 53.9 SIEVE SIZE PERCENT FINER SPEC.' PERCENT PASS? (X=NO) 1 ia. 100.0 .75 in. 80.9 .5 in. 66.5 375 in. 60.7 #4 46.1 t?8 36, 1 16 27 5 -30 20.6 ?pi0 14.0 100 8.8 00 5.8 I I GRAIN SIZE - mm % SAND 40.3 % SILT I % CLAY Soil Description Sandy GRAVEL: brown, wet, very dense, subangular gravel to 3/4" dia., with cobbles and fine to coarse grained sand Atterberg Limits PL= LL= P1= Coefficients D85= 20.<1 DBO= 9.20 D50= 5.78 D30= 1.40 DE5= 0335 D10= 0.181 Cu= 50.69 Cc= 1.27 Classification USCS= AASHTO= Remarks (no specification provided) Sample No.: Source of Sample: BH-1 Location: Date: 04 2'f00 Elev./Depth: la Client: Cith of Fort Collins Utilities Project: Fort Collins Substation Lightning Towers Project No: 06.007T Figure 90 0 Cr w (30 Z z ,a w rr W 40 30 20 10 Particle Size Distribution Report % COBBLES % GRAVEL o.0 11.2 SIEVE SIZE PERCENT FINER SPEC.* PERCENT PASS? (X=NO) .5 in. 100.0 375 in. 97.7 #4 88.8 #8 73.0 #16 54.5 #30 40.8 #i0 30.5 #100 25.6 #200 22.7 i GRAIN SIZE - mm SAND % SILT CLAY 66.1 22.7 Soil Description SAND: tan, wet, very dense, fine to coarse -ruined, well evaded, with clay Atterberg Limits PL= LL= P1= Coefficients D85= 3.90 D60= 1.46 D50= D30= 0.286 D1 5= D1 0= CU= Cc= Classification USCS= AASHTO= Remarks (no speci fICIt l on provided) Sample No.: Source of Sample: Bli-I Date: 04;2 Location: Elev./Depth: 24 SMITHEl,,ej.nt: Cit}ofFort Collins Utilities ect: Fort Collins Substation Lightning Towcrs GEOTEC H N ICAL ect No: 06.007T Figure Particle Size Distribution Report ,0 FiC 50 40 30 20 10 0 500 100 10 1 0.1 0.01 U oO 1 GRAIN SIZE - mm COBBLES °/ GRAVEL % SAND %SILT 0.0 42.8 SIEVE SIZE PERCENT FINER SPEC.` PERCENT PASS? (X=NO) 1 in. 100.0 .75 in. 83.5 .5 in. ! 723 375 in. 68.7 k4 57.2 »8 418 1;16 31.5 `-'30 22.0 rc50 15.9 100 10., a200 6.9 i Soil Description Sandy GRAVEL: hrown, wet, dense, subancular gravel to ') I' dia., with cobbles and fine to coarse grained sand Atterbero Limits PL= LL= P1= Coefficients D85= 19.7 DB0= 5.52 DSO= D30= 1.07 D15= 0.271 D10= n 17 3 Cu= 38.58 Cc= 1.45 Classification USCS= AASHTO= (no spee,lia Lion provided) Sample No.: Source of Sample: BFI-1 Location: Remarks Date: 04 2 06 Elev./Depth: Client: City of Fort Collins Utilities Project: Fort Collins Substation Lightning Towers Project No: 06.007T No Text SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS,, thtt the undersigned as Principal, and _ The Cincinnati.lilsurahce �ompal� _ as Surety, are hereby ?geld and firmly bound unto the City of Fort Coil tnsi "Cg orado as OWNER, in the sum of $ ***Five 5% per cent amount x for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns, THE CONDITION of this obligation is such that whereas the Principal has submitted to the. City o! Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to entar into a Construction Agreement for the construction of Fort Collins Projecr„ 5982 Substation Lightning Tower Installation, NOW THEREFORE, (a) If said Bid shell be rejected, or (b) If said Bid shall be accepted and the. Principal shall execute and deliver a Contract„ in the form of Contract attached hereto (properly completed in accordance with said Kid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall i.n all other respects perform the Agreement croated by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said surety and its BOND shall he in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notico of any such oxtension. Surety Companies executing bonds must be authorined to transart business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 7thday of June , 20_Q.6 and such of rheas as are corporations have caused their corporate seals to be horeto affixed and these Presents to be signed by their proper, officers, the day and year first set forth above. PRINCIPAL 3URETi Name: Addison Construction Co. The Cincinnati Insurance company Addr�iss: 1526 Horse Creek Road Che enne WY 82009 By: Lw Title: Vice President AMST: 9 ql PO Box 145496 ncinna 45250 By. - Title: At rney in fact (SEAL) 7/96 Section 00410 Page 3 .Y t /�Y• THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Mark A. McCue; Gary Rosacker; Jay C. Huston and/or Deanne E. Gosda OfGrand Island, Nebraska its true and lawful Attorney(s)-in-Fact to sign, execute, seal, and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, asfollows: Any such obligations in the United States, up to Twenty Million and -No/100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in -Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in -Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary and Treasurer and the seal of the Company may be affixed by facsimile to any certificate of any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Senior Vice President or Vice President this 16th day of August, 2004. THE CINC AT INSURANCE COMPANY STATE OF OHIO ) ss: *A/ COUNTY OF BUTLER ) Thom s H. Kelly Vice President On this 16th day of August, 2004 before me came the above -named Senior Vice President or Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein; and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. JAMS M07 Notary Public, Stdo of ow r My GOMMISSion bpW 01-31-% - �A - I the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANC CO PANY, hereby certify that the above is the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of BN-1417(3/03) AHartkemeier Assistant Secretary 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: Addison Construction Co. 2. Permanent main office address: 1526 Horse Creek Rd., Cheyenne, WY 82009-9338 3. When organized: January 1, 1965 4. If a corporation, where incorporated: wyming 5. How many years have you been engaged in the contracting business under your present firm or trade name? Forty one years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7 General character of Work performed by your company: Construction of Electrical Substations 8. Have you ever failed to complete any Work awarded to you? NO If so, where and why? go Have your ever defaulted on a contract? NO If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 7/96 Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. Sep attached list 12. List your major equipment available for this contract. See attached list 13. Experience in construction Work similar in importance to this project: e oomtion construction 'ecitns which raoinclereaso expertise inc a e Lightning Tower Insqtallation project. 14. Background and experience of the principal members of your organization, including officers: See attached resumes for President Gary D. Bindert, Secretary Treasurer Tobv J. Krug and Superintendents Mike Kaiser and Keith Steele. 15. Credit available: $ See B ank Reference below 16. Bank reference: Rob Kilian 1st Interstate Bank, (401 W. 19th St.), P.O. Box 1710, Cheyenne, WY 82003 Phoneb33-WO 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? NJA If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? No If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time? NO IF yes, DETAIL 7/96 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL See attached copy of Certificate of Tiahility What company? 22. What are your company's bonding limitations? $20,000,000 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at Chey&firje, Wy this 27th day of June , 20Q6 Addison Constnicti cm Co - Name of Bid4ex By: Title: Lois A. Blaser, Vice President State of Wyoming County of Laramie Lois A. Blaser being duly sworn deposes and says that she is Vice President of Addison Construction Co and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 27th day of June 2006• Notary Public Linda L. Wille My commission expires March 14, 2009 RY PUTATE EK YOMIAR. 74, 2008 7/96 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. **NONE** SUBCONTRACTOR **NONE** 7/96 Section 00430 Page 1 ADDISON CONSTRUCTION COMPANY SUBSTATIONS -DISTRIBUTION H.V. AND E.H.V. 1526 Horse Creek Road Cheyenne, WY 82009-9338 (307)638-1538 (307)778-8513/FAX e-mail: addison(a rnillect.com CITY OF FORT COLLINS BID NUMBER 5982 SUBSTATION LIGHTNING TOWER INSTALLATION ATTACHMENTS Attachment 1: Projects Recently Completed Attachment 2: Major Equipment Available for Project Attachment 3: Resumes: Gary D. Bindert, President Toby J. Krug, Secretary Treasurer Michael M. Kaiser, Superintendent Keith E. Steele, Superintendent Attachment 4: Certificate of Liability of Fort Collins ADDENDUM No. 1 5982 Substation Lightning Tower Installation SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 5982 Substation Lightning Tower Installation OPENING DATE: 2:00 (Our Clock) June 27, 2006 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CHANGE: SECTION 00520 AGREEMENT 3.1 The Work shall be Substantially Complete within one hundred forty (140) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within one hundred forty seven (147) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. 1) Substantial Completion: Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the one hundred forty (140) calendar day period 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 the seven (7) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. Questions regarding this addendum should be directed to Opal F. Dick, CPPO, Senior Buyer (970) 221-6778. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2"" Floor " P.O. Box 580 " Fort Collins, CO 80522-0580 • (970) 221-6775 " Fax (970) 221-6707 www.keov.com ADDISON CONSTRUCTION COMPANY SUBSTATIONS -DISTRIBUTION H.V. AND E.H.V. 1526 Horse Creek Road Cheyenne, WY 82009-9338 (307)638-1538 (307)778-8513/FAX e-mail: addison&millect.com CITY OF FORT COLLINS BID NUMBER 5982 SUBSTATION LIGHTNING TOWER INSTALLATIONS RECENTLY COMPLETED PROJECTS PROJECT NAME APPROXIMATE AMOUNT DATE COMPLETE Winchester Substation $5,1941000 March-04 East Bismarck Substation $1,866,000 May-04 Wluterock Substation, Stage 01 $1,84000 November-04 Playas Substation $913,000 March-05 Silver Saddle Substation $1;021,000 April-05 Test Strack Substation, Stage 01 $1,728,000 Ma -05 Casa Grande Substation, Stage 03 $597,000 May-05 Ward Delivery Substation $298939000 November-05 Silver Saddle Switching Station $813,000 March-06 Addison Equipment Rental Rates Unit Year Description Hour Day Month 523 1984 JOHN DEERE LOADER BACKHOE 510B $74.00 $594.00 N/A 524 1999 FORD TRACTOR LOADER BACKHOE F555D $74.00 $594.00 N/A 525 1990 CASE BACKHOE 580K $74.00 $594.00 N/A 912 1995 ELECTRIC PIPE BENDER ET-E-W6TL $14.00 $106.00 N/A 572 2003 BOBCAT TRENCH COMPACTOR $20.00 $159.00 N/A 472 1994 INGERSOLL-RAND AIR COMPRESSOR $24.00 $191.00 N/A 473 1995 SULLIVAN AIR COMPRESSOR D210Q58 $22.00 $175.00 NIA 474 1990 GRIMMER SCHMIDT AIR COMPRESSOR 195 CFM DIE $25.00 $201.00 N/A 918 1989 GRIMMER SCHMIDT AIR COMPRESSOR $23.00 $186.001 N/A 919 1986 INGERSOLL-RAND AIR COMPRESSOR $23.00 $186.00 N/A 140 19971 LINK -BELT ROUGH TERRAIN CRANE $175.00 $1400.00 N/A 543 1980 P & H OMEGA 18T CRANE $106.00 $848.00 N/A 455 1982 NATIONAL656 CRANE W/FORD LN8000 (#131) $95.00 $763.00 N/A 456 1992 MANITEX 30T W/FORD LNTWW (#135) $138.00 $1102.00 N/A 133 2003 TEREX RS60100 CRANEW/FORD STERLING (#071) $130.00 $1102.00 N/A 142 2003 TEREX RS60100 CRANE W/FORD STERLING 7501 (#074) $138.00 $1102.00 NIA 462 1970 TEXOMA EARTH AUGER ON MACK MH613 (#003) $212.00 $1698.00 NIA 461 1983 TEXOMA 700-60 EARTH AUGER ON KENWORTH (#125) $265.00 $2120.00 N/A 463 20031 TEXOMA 65D EARTH AUGER ON STERLING ACTERRA (#073) $265.00 $2120.00 N/A 517 1996 BOBCAT EXCAVATOR 32D $24.00 $191.00 N/A 519 1996 BOBCAT EXCAVATOR M320 $37.00 $292.00 N/A 522 2003 BOBCAT MINI -EXCAVATOR 322 W/BUCKET $24.00 $191.00 N/A 528 2003 BOBCAT MINI -EXCAVATOR, 322 $24.00 $191.00 N/A 530 1979 LULL FORKLIFT W/LOADER 844 $52.00 $408.00 N/A 531 19841 LULL FORKLIFT844TT $58.00 $466.00 N/A 532 19W PETTIBONE FORKLIFT EXTENDO B-66 $45.00 $350.00 N/A 533 1985 LULL FORKLIFT 844TT34 $58.00 $466.00 N/A 535 1985 LULL FORKLIFT844 $58.00 $466.00 N/A 536 2D00 LULL FORKLIFT 1044C-54 $69.00 $551.00 N/A 537 2D03 JLG GRADALL FORKLIFT G943A $69.00 $551.00 N/A 190 19961 PJT GOOSENECK DUAL TANDEM TRAILER $27.00 $212.00 N/A 196 1995 24'FRONTIER GOOSENECK TRAILER $27.00 $212.00 N/A 197 1996 24 FRONTIER GOOSENECK TRAILER $27.00 $212.00 NIA 453 19M ELLIOT ECE50 HIGH REACH 46 ON FORD LN8000 (#120) $74.00 $594.00 N/A Monday, June 26, 2006 Page 1 of 3 Unit Year Description Hour Day Month 501 1997 NEW HOLLAND SKID LOADER LX865 $33.00 $260.00 NIA 504 1998 NEW HOLLAND SKID LOADER LX865 $37.00 $292.00 N/A 505 1992 NEW HOLLAND SKID LOADER L785 $27.00 $212.00 NIA 506 2003 BOBCAT SKID LOADER W 74" BUCKET 5250 $37.00 $292.00 N/A 507 2003 BOBCAT SKID STEER LOADER, S250 $37.00 $292.00 N/A 510 2000 BOBCAT LOADER 873H $37.00 $292.00 N/A 514 2003 BOBCAT SKIDSTEER LOADER S250 $37.00 $292.00 N/A 518 1998 MELROE BOBCAT 873 $37.00 $292.00 NIA 921 1998 BOBCAT LOADERITRENCHER LT204 $27.00 $212.00 N/A 143 2000 TEREX MANLIFT TB60 $80.00 $636.00 N/A 144 19801 SIMON MANLIFT MP60 $68.00 $466.00 N/A 145 1992 SIMON MANLIFT AT40C $69.00 $551.00 N/A 146 19M SIMON MANLIFTAT60C $69.00 $551.00 N/A 147 1997 SIMON MANLIFT AT60C $74.00 $594.00 N/A 148 1997 SIMON MANLIFT AT60C $74.00 $594.00 NIA 150 19961 GENIE MANLIFT S-80 W1W BOOM $106.00 $848.00 N/A 161 2002 GENIE MANLIFT S-40 60.00 640.00 N/A 162 2004 SKYJACK MANLFT 25-29 60.00 480.00 N/A 163 1997 TEREX MAN LIFT TB60 (Diesel) $60.00 $480.00 WA 164 1998 TEREX MANLIFT TB60 (Gas) $60.00 $480.00 N/A 010 2002 GMC ENVOY $7.50 $58.00 $1261.00 011 2003 FORD F350 SUPER DUTY $12.00 $90.00 $1950.00 021 2002 FORD F150 SUPER CAB $10.00 $74.00 $1611.00 002 2003 FORD F350 CREW CAB -FLAT BED $12.00 $90.00 $1950.00 017 ZOOS DODGE RAM 2500 $12.00 $90.00 $1950.00 020 2004 FORD F150 CREW CAB PICKUP $10.00 $74.00 $1611.00 014 20021 GMC SIERRA- ONE TON FLAT BED $12.00 $90.00 $1950.00 O04 2003 DODGE 3500 $12.00 $90.00 $1950.00 016 2001 FORD F350-ONE TON FLAT BED $12.00 $90.001 $1950.00 006 2001 FORD F150 SUPER CAB $11.00 $80.00 $1723.00 650 2001 DEUTSCH PIPE COMPRESSION UNIT 8 2 HEADS $47.00 $371.00 WA 910 19951 BROCK HYDRAULIC 100 TON PRESS $34.00 $265.00 N/A 911 1980 BROCK HYDRAULIC 100 TON PRESS $34.00 $265.00 NIA 176 1994 PULLER TENSIONER PT-2766-B-T $45.00 $350.00 N/A 053 1984 GMC VANDURA OIL VAN $90.00 $721.00 N/A 920 19M TANKER $34.00 $265.00 N/A 160 1 19831 FRUEHAUF TOOL VAN N/A N/A $3530.00 Afonday, June 26, 2006 Page 2 of 3 Unit Year Description Hour Day Month 159 1977 HOBBS 45' TRAILER N/A N/A MM.00 193 1984 KENT TRAILER TOOL VAN N/A N/A $3530.00 192 1993 FREUHAUF TRAILER STORAGE VAN N/A N/A $3530.00 156 1984 MATLOCK TOOL VAN N/A N/A $3783.00 184 1976 21' DITCH WITCH TRENCHER TRAILER $27.00 $212.00 N/A 191 2000 TRAVALONG GOOSENECK TRAILER $21.00 $159.00 N/A 196 1996 26 BUCK HIGH DECK TRAILER $27.00 $212.00 N/A 199 1999 53' JET C DROPDECK TRAILER $42.00 $339.00 N/A 200 1995 53' FONTAINE DROPDECK TRAILER $42.00 $339.00 N/A 202 19791 8 X 24 DESIGN SPACE OFFICE TRAILER $2.00 $17.00 $350.00 903 1967 23 DITCH WITCH TRENCHER TRAILER BWT14 $14.00 $106.00 N/A 905 19W WIRE TRAILER $20.00 $159.00 N/A 511 1981 DITCH WITCH TRENCHER 6510 $58.00 $466.00 N/A 512 1996 DITCH WITCH TRENCHER 3500 $48.00 $382.00 N/A 513 19981 DITCH WITCH TRENCHER 3500 $48.00 $382.00 N/A 515 1988 DITCH WITCH BASIC MODEL 4010 $58.00 $466.00 N/A 516 1993 DITCH WITCH TRENCHER 3500 $37.00 $292.00 N/A 060 1971 FORD F70D 2T DUMP TRUCK $53.00 $424.00 WA 115 2DD0 KENWORTH W900L SEMI -TRACTOR $69.00 $551.00 WA 117 1997 KENWORTH W90OL-SEMI TRACTOR $69.00 $551.00 N/A 119 1987 INTERNATIONAL -SEMI TRACTOR $69.00 $551.00 N/A 922 2D00 POLARIS RANGER 6X6 A99RF50AA $20.00 $159.00 N/A 923 2DD6 BOBCAT 2200 4-WHEELER $20.00 $159.00 N/A 924 2D06 BOBCAT 2200 4-WHEELER $20.00 $159.00 N/A 151 1981 TRAILMOBILE VAN $74.00 $594.00 N/A 158 1975 TRAILMOBILE 46 STORAGE VAN WA N/A $350.00 061 1999 STERLING WATER TRK, MODEL L7501 $14.00 $110.00 $2332.00 621 1996 HOBART WELDER P216G $16.00 $127.00 N/A 907 1999 MILLER WELDER 903567 $16.00 $127.00 N/A 908 19901 HOBART WELDER W/LEADS $16.00 $127.001 WA 909 1991 MILLER WELDER W/LEADS 20OLE $16.00 $127.00 N/A 914 1993 WELDER/PLASMA CUTTER PCX-50SS $21.00 $170.00 N/A 171 1981 MILLER WELDER TRAILER 55D (#405) $21.00 $159.00 N/A Monday, June 26, 2006 Page 3 of 3 RESUME OF GARY D. BINDERT, President Gary D. Bindert began working for Addison Construction Co. in May 1971 on Job #17, the F.L. Blair Substation, Addison Construction Co.'s first million dollar job. Mr. Bindert is a native of South Dakota, and Substation was being built about four (4) miles from his home in Gary, South Dakota. Mr. Bindert steadily progressed from laborer and carpenter status to superintendent after having worked in the business for only two years. The first job performed under his supervision was Job #28 for the City of Loveland, Colorado. This was a $340,000.00 labor contract for a new substation and a switching station. Listed below are some of the major jobs he has supervised: Job #41 Sioux City Substation, Stage 09 New 345kV Substation with Extensive 230, 161 and 69kV Modifications Sioux City, Iowa U. S. Bureau of Reclamation Job #45 Victory Hill Substation New 230/115kV Substation, Scottsbluff, Nebraska Nebraska Public Power District Job #50 Alpine Switching Station New 115kV Switching Station, Alpine, Wyoming Lower Valley Power & Light, Inc. Job #55 Stegall Substation New 345/230kV Substation, Stegall, Nebraska Basin Electric Power Cooperative This project was approximately 1 % years in duration. Job #62 Hayden Substation, Stage 03 230kV Addition to Existing Substation, Hayden, Colorado Western Area Power Administration This work was performed in an energized station. Resume of Gary D. Bindert Page 2 Job #65 Ault Substation, Stage 03 345/230kv Substation Modifications, Ault, Colorado Western Area Power Administration This work was also done in an energized station. Following Job #65, Ault Substation, Stage 03, Mr. Bindert moved into the Cheyenne office to accept a managerial position in the fall of 1981. His experience in the field, doing all voltages from 12.47kV to 345kV has been of tremendous help to him in his present position. His duties include estimating jobs, procurement of materials, making decisions regarding staffing of projects with both men and equipment, and regular visits to the projects in operation. Under his guidance, the company has enjoyed an excellent reputation and has been operated very efficiently. Additional information gladly will be furnished upon request. RESUME OF TOBY I KRUG Mr. Toby J. Krug has been employed by Addison Construction Co. since October of 1996. From 1977 through September 1996, Mr. Krug was a Civil Engineering Technician, Construction Division, Western Area Power Administration, Department of Energy, Loveland, Colorado, administering A/E and construction and supply contracts. Mr. Krug has extensive knowledge in contract administration, office engineering and field construction of high voltage transmission systems. He has proven ability to independently administer numerous concurrent contracts; anticipate and evaluate contract extra work items, provide punctual, accurate invoicing for fast turnaround of progress payments, and employ computerized tracking of required data submittals. RESUME OF MICHAEL M. KAISER, Superintendent Mr. Michael Kaiser is returning to Addison Construction Co. after working for Reiman Corp., of Cheyenne, Wyoming, from June of 1993 through February of 2002. During that time Mr. Kaiser supervised bridge and highway construction projects. Mr. Kaiser was employed by Addison Construction from June 1981 through May 1993. His first project with Addison was the Leeds Substation Project in Devil's Lake, North Dakota. Below is a list of the projects on which he worked. He worked in the capacity of laborer, form setter, operator, electrician, lineman and foreman through June 1986. Job #64 Archer Substation, Stage 05 Substation Addition, Cheyenne, Wyoming Western Area Power Administration Job #67 Leeds Substation, Stage 04 Substation Addition, Devil's Lake, North Dakota Western Area Power Administration Job #71 Poudre Substation, Stage 04 Substation Addition, Fort Collins, Colorado Western Area Power Administration Job #72 Teckla Substation New 230/69 kV Substation, Wright, Wyoming Tri-County Electric Association Job #75 Dawson County Substation, Stage 04 Subsstation Addition, Glendive, Montana Western Area Power Administration Job # 78 Yellowtail Dam Bypass Switchyard, Glendive, Montana Bureau of Reclamation Job #79 Lanes Creek Substation New Substation, Near Alpine Junction, Wyoming Lower Valley Power & Light, hic. Job #81 Thermopolis Substation, Stage 05 115 kV Addition, Thermopolis, Woming Western Area Power Administration Resume of Michael Kaiser Page 2 Job #83 Gila Substation, Stage 05A Substation Addition, Yuma, Arizona Western Area Power Administration Job #86 White Substation, Stage 01 New 345/115 kV Substation, Brookings, South Dakota Western Area Power Administration Job #88 Weleetka Substation Substation Modifications, Weleetka, Oklahoma Southwestern Power Administration Job #91 Rooks California Substation New Substation, Rangely, Colorado Moon Lake Electric Association Job #92 Wildhorse Substation 115/24.9 kV Substation, Oshkosh, Nebraska Wheat Belt Public Power District Job #112 Butterfield/ San Rafael Substations Two 230 kV Substations, Benson, Arizona Arizona Electric Power Cooperative Job #115 Springfield Main Bus 116 kV Substation, Springfield, Missouri Southwestern Power Administration In July 1986, Mr. Kaiser moved up to the position of supervisor. Following is a list of the projects he supervised for Addison Construction Co. through May 1993. Job #97 Clay Substation 161 kV Substation, Springfield, Missouri City Utilities of Springfield Job #101 Stegall Substation, Stage 04 230/115 kV Substation Addition, Stegall, Nebraska Western Area Power Administration Job #103 Warren Substation, Stage 01 115/13.8 Substation, Cheyenne, Wyoming Western Area Power Administration Resume of Michael Kaiser Page 3 Job #108 Oregon Basin Substation 230 kV Substation, Cody, Wyoming Pacific Power & Light Company Job #111 Russell Hunt Substation 69 kV Substation, Pryor, Oklahoma Grand River Dam Authority Job #120 Stockton Substation 161 kV Substation Addition, Stockton, Missouri KAMO Electric Cooperative, Inc. Job #130 Lost Hills Substation New Substation, Lost Hills, California Chevron Job #131 West/East/Harvard Substations New Substations, Loveland, Colorado Platte River Power Authority Job #134 Miracle Mile Substation New Substation, Alcova, Wyoming Western Area Power Administration Job #135 Waste Tech Services Substation New Substation, Kimball, Nebraska Rural Electric Company Job #146 Substations 1249 and 1281 New Substations, Omaha, Nebraska Omaha Public Power District Job #149 McGrew Substation, Stage 02 Substation Addition, McGrew, Nebraska Western Area Power Administration Job #150 Tupelo Line Bay Addtion Substation Addition, Tupelo, Oklahoma Southwestern Power Administration Job #152 Kennett Substation Transfer and Bus Tie Bay Addition Substation Addition, Kennett, Missouri Southwestern Power Administration SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 2 Resume of Michael Kaiser Page 4 Job #156 Norton Substation 161/69 kV Substation, Springfield, Missouri City Utilities of Springfield Following is a list of projects Mr. Kaiser has supervised for Addison Construction Co. since his return in 2002. Job #269 Cherokee Substation 230/115kV Auto Transformer Replacement, Denver, Colorado Xcel Energy Services Job #278 Terry Street Substation, Stage 01 Foundation Removal, Longmont, Colorado Platte River Power Authority Job #279 Midway Substation Breaker Foundation Replacement, Fountain, Colorado Western Area Power Administration Job #280 Rinn Valley Substation Expansion I I5kV Substation Addition, Firestone, Colorado United Power, Inc. Job #285 Lamar PSCo Switching Station New 230kV Switching Station, Lamar, CO Xcel Energy (Public Service of Colorado) Job #288 Boyd Substation Addition of I I5kV Breaker and Switch, Loveland, CO Platte River Power Authority Job #289 Teckla Substation 230kV Substation Addition, Wright, WY Powder River Energy Corporation Job 291 Whiterock Substation New 115kV Substation Western Area Power Administration, Loveland, CO Job #295A Dixon Creek Substation Metering Addition, Fort Collins, CO Platte River Power Authority Resume of Michael Kaiser Page 5 Job #295B Longmont Substation Metering Addition, Longmont, CO Platte River Power Authority Job #295C Loveland West Substation Metering Addition, Loveland, CO Platte River Power Authority Job #305 Wray Substation, Stage 02 Additions to I I5kV Substation, Wray, CO Western Area Power Administration Job #309 Silver Saddle Substation New 230kV Substation, Commerce City, CO United Power, Inc. Job #310 Terry Street, Longmont Northwest and Fordham Additions Additions to Existing 11kV Substations, Longmont, CO Platte River Power Authority Job #318 Silver Saddle Substation Construct 230kV Three -breaker -ring Switching Station, Commerce City, CO Xcel Energy Service, Inc. Mr. Michael Kaiser has an excellent safety record. He has proven his capability to handle all phases of electrical substation construction. Additional information will be gladly furnished upon request. RESUME OF KEITH E. STEELE, Superintendent Mr. Keith Steele has had extensive experience as a superintendent, laborer, operator, lineman, foreman, and truck driver on both new substations and additions to substations ranging from 69 kV to 345 W. PROFESSIONAL EXPERIENCE RICHARDS AND ASSOCIATES 1979-1982 Position Held: Laborer 1979 - Addition to Archer Substation, 345 kV, Cheyenne, WY 1980 - New 69 kV Substation, Oxford, Mississippi Position Held: Foreman 1980 - Addition and New 230 kV Substation, Brush, Colorado 1981 - New 69 kV Substation, Columbus, Mississippi Position Held: Operator 1981 - New 69 kV Substation, Monahans, Texas Position Held: Lineman 1982 - New 69 kV Substation, Sebastion, Florida CITY OF FORT MORGAN 1981 Position Held: Laborer 7200 and 12.4 Hot Line Work, Fort Morgan, Colorado SEAWARD CONSTRUCTION 1982-1983 Position Held: Lineman 1982 - New 115 kV Substation, Jacksonville, Florida 1983 - Two New 69 kV Substations, Kingsland, Georgia ADDISON CONSTRUCTION CO. 1983-1984 and 1987-PRESENT Resume of Keith Steele Page 2 Following are some of the projects Mr. Steele has worked on for Addison Construction Co.: Job # 78 Yellowtail Dam Bypass 230-115 kV Addition, Yellowtail, Montana Bureau of Reclamation Job # 79 Lanes Creek Substation New Substation, Soda Springs, Idaho Lower Valley Power & Light, Inc. Job # 81 Thermopolis Substation, Stage 05 115 kV Addition, Thermopolis, Wyoming Western Area Power Administration Job # 83 Gila Substation, Stage 05 115 kV Addition, Yuma, Arizona Western Area Power Administration Job #103 Warren Substation, Stage 01 New 115 kV Substation, Cheyenne, Wyoming Western Area Power Administration Job #104 Huron Foundation Replacement 115 kV Addition, Huron, South Dakota Western Area Power Administration Job #111 Russell Hunt Substation New 69 kV Substation, Pryor, Oklahoma Grand River Dam Authority Job #121 Talty and Rose Hill Stations New 69 kV Substation, Terrell, Texas Kaufman County Electric Coop Job #132 Oregon Basin Addition 69 kV Addition, Cody, Wyoming Pacific Power & Light Co. Job #133 Locust Grove and Todds Tavern Addition & New 115 kV Substation, Fredericksburg, Virginia Rappahannock Electric Coop Resume of Keith Steele Page 3 Job #136 Roseville Substation, Stage 02 230 kV Addition, Roseville, California Western Area Power Administration Job #141 Ripple Substation New 69 kV Substation, Wellington, Colorado Poudre Valley REA Job #146 Substations 1249 and 1281 Two new 161 kV Substations, Omaha, Nebraska Omaha Public Power District Job #147 James River Power Station 161 kV Addition, Springfield, Missouri City Utility of Springfield Job #150 Tupelo Line Bay Addition 69 kV Addition, Tupelo, Oklahoma Southwestern Power Administration Job #224 Mosca Substation New 69 kV Substation, Mosca, Colorado Public Service Company of Colorado Job #233 Elsie, Red Willow Creek & Blackwood Creek Substations 115 kV Substations, Perkins County, Nebraska Midwest Electric Cooperative Job #238 Sioux City No. 2 Substation Stage 03 345 kV Substation Addition, Sioux City, Iowa Western Area Power Administration Job #239 Morris and Patton Substations It 5/13.2 kV Substations, Scott City and Garden City, Kansas Wheatland Electric Cooperative, Inc. Job #251 Bivins/North Linden Substations 69/12.5kV Substation Additions, Linden, Texas Bowie -Cass Electric Cooperative, Inc. Job #256 Peetz Substation 115kV Addition, Peetz Colorado Xcel Energy Services (Public Service of Colorado) Resume of Keith Steele Page 4 Job #259 Grenora Substation Building Service Building and Control Wiring, Grenora, North Dakota Upper Missouri G & T Elecrtric Cooperative Job #263 Estancia Substation New 115kV Substation, Estancia, New Mexico Tri-State Generation & Transmission Association, Inc. Job #264 Teckla Substation Addition 69kV Addition, Wright, WY Powder River Energy Corporation Job #294 Winchester Substation New 345kV and 230kV Substations, Benson, Arizona Southwestern Transmission Cooperative, Inc. Job #314 Ward Delivery Substation Upgrade 230kV Substation, Bismarck, North Dakot Capital Electric Cooperative The following projects have been completed under Mr. Steele's supervision: Job #152 Kennett Substation Transformer and Bus Tie Bay Addition 161-69 kV Addition, Kennett, Missouri Southwestern Power Administration Job #158 Waste -Tech Substation, Phase I 34.5 kV Addition, Kimball, Nebraska Rural Electric Company Job #168 Akron Substation, Stage 02 115kV Addition, Akron, Colorado Western Area Power Administration Job #178 Fort Morgan North Substation & I I5kV Transmission Line, Fort Morgan, Colorado Morgan County Rural Electric Association Job #180 North Cody Substation, Stage 04 Addition to Existing Substation, Cody, Wyoming Western Area Power Administration Resume of Keith Steele Page 5 Job #181 Bridgeport Substation Modification to 12.47 kV Area, Bridgeport, Nebraska Western Area Power Administration Job #184 Stegall Substation Reactor Replacement, Scottsbluff, Nebraska Western Area Power Administration Job #187 Dallas Creek Substation 115/25 kV Substation, Ridgeway, Colorado San Miguel Power Association, Inc. Job # 201 Substation No. 5 34.5/12.47 kV Substation, Torrington, Wyoming Town of Torrington Job # 204 Ponnequin Substation 115 kV Substation, Weld County, Colorado Public Service Company of Colorado Job # 205 Black Canyon Switchyard Disconnect Switch Replacement, Gem County, Idaho Bureau of Reclamation Job # 212 115kV Capacitor Addition Projects Additions to Existing Substations, Larimer County, Colorado Platte River Power Authority Job # 213 Russellville and Elbert Substations 12.5kV/69kV Substations, Douglas and Elbert Counties, Colorado Mountain View Electric Association Job # 221 Harmony Substation 230 kV Additions, Fort Collins, Colorado Platte River Power Authority Job #258 Table Rock and Norfork Substations 69kV Disconnect Switch Replacements, Branson, Missouri, Norfork, Arkansas Southwestern Power Administration Job #270 Socorro Substation 115 kV Substation and Approach Spans, Socorro, New Mexico Tri-State Generation and Transmission Association, Inc. Resume of Keith Steele Page 6 Job #274 Hernandez Substation Modification 69 & 115 kV Breaker Additions, Espanola, New Mexico Tri-State Generation and Transmission Association, hic. Job #282 San Luis Valley Substation Foundations Concrete Foundations for Transformer Addition, Alamosa, Colorado Xcel Energy Services Job #292 Poplar Bluff, Carthage, and Springfield Substations Install Replacement Disconnect Switches, Poplar Bluff, Carthage and Springfield, Missouri Southwestern Power Administration Job #300 Foidel Creek Switching Station 230kV Switching Station, Steamboat Springs, Colorado Xcel Energy Services Job #305 Wray Substation, Stage 02 Install Switches, Recolosers, and disconnect Switches, Wray, Colorado Western Area Power Administration Job #308 Playas Substation Addition of 115/69kV Transformer, Playas, New Mexico Tri-State Generation and Transmission Association, hic. Job #312 Sam Rayburn Switching Station Replace cable at existing substation, Jasper, Texas Southwestern Power Administration Job #318 Silver Saddle Substation Construct 230kV Three -breaker -ring Switching Station, Commerce City, CO Xcel Energy Service, Inc. Mr. Steele is experienced in all phases of substation construction. Additional information will be gladly furnished upon request. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM DD WYYI 913.05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ryder -McCue 3 Huston ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR e"n W Koenig St ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. iSox 1228 Grand Island NE 68802 INSURERS AFFORDING COVERAGE NAIC # INSURED Addison Construction Co. INSURER A: CNA Insurance 1526 Hone Creek Road INSURER B: Cheyenne WY 82W9 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRDATE L1& DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE IMWBnrM POLICY EXPIRATION DATE IMMIDnIYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 OW 000 A 11 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Xa OCCUR C2079736848 10.1.05 10.1.06 DAMAGE TO RENTED s300,000 MED EXP (Any one $ 5 000 PERSONAL 6 ADV INJURY S i 000 000 GENERAL AGGREGATE S 2 I)M o00 I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO 2 WO 000 X POLICY[71 PRO- LOC AUTOMOBILE X X LIABILITY ANYAUTO C1111136111 10-1.05 I(M-06 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) f ALL OWNED AUTOS SCHEDULED AUTOS t I BODILY INJURY Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ �--� i GARAGE LIABILITY AUTO ONLY • EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S F--- ANY AUTO I 1 $ A �EXCCESSIUMBRELLA LIABILITY A OCCUR E j CLAIMS MADE �.._._ C2079736919 10.1.05 10.1.OB EACH OCCURRENCE f 5 000 OOO AGGREGATE S 5 000 000 _ f S DEDUCTIBLE kx S RETENTION f 10 000 A + WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE OFFICERIMEMBER EXCLUDED? =.=VUIZM below WC27936982 10.1.05 110.1.06 WC STATU' X OTH- E.L. EACH ACCIDENT 500 000 E.L. DISEASE - FJ1 EMPLOYE 115M,00 E.l. DISEASE - POLICY LIMIT -- f 500 000 j OTHER Installation Floater $5,000,000 4 Contractors Equipment C2079736848 10.1.05 10.1.06 Leased/Rented Equip $1501000 $2 500 deductible DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ISHOULD 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 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE 25 (2001/08) CH SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00020 INVITATION TO BID Date: May 23, 2006 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 2:00 P.M., our clock, on June'27, 2006,!for the Substation Tower Installation; BID NO. 5982. If delivered, they are to be delivered to 215 North Mason Street, 2°d Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 5982 Substation Lightning Tower Installation. 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 June 5, 2006. 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: https://secure2.fcgov.com/bso/login.jsp. 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. 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. 07/2001 Section 00020 Page 1 SECTION 00510 NOTICE OF AWARD Date: July 10, 2006 TO: Addison Construction Co. PROJECT: Bid 5982 Substation Lightning Tower Installation OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated June 27, 2006 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 5982 Substation Tower Installation: The Price of your Agreement is Seventy Five Thousand Four Hundred Twenty One Dollars ($75,421). 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 25, 2006. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER B. Ja s B. O'Neill, II, CPPO, FNIGP rector of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the loth day of July in the year of 2006 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins Addison Construction Co. (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the Bid 5982 Substation Lightning Tower Installation; the scope of the project will involve the purchase of three substation lightning towers and erecting them at three different substations within the city of Fort Collins. The work will include drilling, excavating, and construction of the pier foundation; construction and erection of the steel tower, and site restoration and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Smith Geotechnical, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within one hundred forty (140) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within one hundred forty seven (147) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. 9/12/01 Section 00520 Page 1 They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the one hundred forty (140) calendar day period 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 the seven (7) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Seventy Five Thousand Four Hundred Twenty One Dollars ($75,421) in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may 9/12/01 Section 00520 Page 2 determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR 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. 9/12/01 Section 00520 Page 3 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, consisting of sheet numbered as follows: Sheet 1 Lighting Mast and Foundations The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 9/12/O1 Section 00520 Page 4 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. 9/12/01 Section 00520 Page 5 OWNER: TY OF FORT COLLINS By: G V - JAMES 'NEILL II, CPPO, FNIGP DI -RECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attes Address for giving notices: =11 Fort Collins, CO 80522 CONTRACTOR: Adddiiison Construction Co. By: �I o, LC>1 S �\ . 16LNSE.R Title: V 1C E I�1�CS �DEt�1� S u L-N 1 "I moo G� (CORPORATE SEAL) t: ;i k)vu CT---� Address for giving notices: 15aCo H oRsE CRcelc RZ) C�E�(CNNE wc 82009 LICENSE NO.: 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: Bid 5982 Substation Lightning Tower Installation To: Addison Construction Co. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be , and , 20 , respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: Addison Construction Co. By: Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610' PERFORMANCE BOND Bond No.B8876354 KNOW ALL MEN BY THESE PRESENTS: that Addison Construction Co. "lrm> 1526 Horse Creek Road, Cheyenne WY 82009 (Address; (a Corporation), hereinafter referred to as the "Principal" and (Firm) The Cincinnati Insurance Company (Address) PO Box 145496, Cincinnati OH 45250 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 Cor or tion) reilif 'd rter RoueFuarH t�gle,W "oeyAge &pR6�J09ww�4Y60 f 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 10t" day of July 2006, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Bid 5982 Substation Lightning Tower Installation. 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 iife 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. r %'h Section 00610 Pac 1 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 By ju s B.siO'Neill, II, CPPO, FNIGP ha ng/Riskk Management Director 07/2001 Section 00020 Page 2 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 each one of which shall be deemed an original, this 1784y of 20 06• (Corporate Seal) IN PRESENCE OF: IN PRESENCE • �u et' S ea, i'. NOTE (Jul ycounterparts, , Principe Addison Co struction Co. a - Lois A. Blaser, Vice President (Title) 1526 Horse Creek Road, Cheyenne WY 82009 (Address) Other Partners By: By: Sure4POBo e Ci ati Insurance Company 6, Cincinnati- OBI +5M Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. '�;; ' U. Section 11'0610 Fage 2 SECTION 00615 PAYMENT BOND Bond No. B8876354 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Addison Construction Co. (Address) 1526 Horse Creek Road, Cheyenne WY 82009 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) The Cincinnati Insurance Company PO Box 145496, Cincinnati OH 45250 (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municip*�* Corporation) hereinafter referred to as "the OWNER", in the penal sum of Seventy ff�ivee,tthhoou%andQfour�hundredytwenty one 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 10" day of July, 2006, a coPy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Bid 5982 Substation Lightning Tower inst311aticn. 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 t, remain in full force and effect. ,1 --16 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, thisl7tbday of July 2006. — IN PRESENCE OF: Principal Addison Construction Co. By: a Lois A Blaser, Vice President (Title) 1526 Horse Creek Road, Cheyenne WY 82009 (Address) (Corporate Seal) IN PRESENCE OF: Other Partners IN PRESENCE OF: Surety The Ci nati Insurance Company ------ BY: �s By: _PO B _145496, Cincinnati OH 45250 (Address) Ln et a' �7eaI NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 3e:7tion 000,15 Page THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Mark A. McCue; Gary Rosacker; Jay C. Huston and/or Deanne E. Gosda of Grand Island, Nebraska its true and lawful Attorney(s)-in-Fact to sign, execute, seal, and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, asfollows: Any such obligations in the United States, up to Twenty Million and Rio/100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in -Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in -Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary and Treasurer and the seal of the Company may be affixed by facsimile to any certificate of any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Senior Vice President or Vice President this 16th day of August, 2004. THE CINC ATI INSURA CE COMPANY STATE OF OHIO ) ss: COUNTY OF BUTLER ) Thom s H. Kelly Vice President On this 16th day of August, 2004 before me came the above -named Senior Vice President or Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein; and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. JAMS METZ c__,�� Notary Public, Stage of ow f Y � �A My Commission EVkes 01-31-M I the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANC CO PANY, hereby certify that the above is the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. 4e this 17thday of July, 2006 00(4 BN•1417(3/03) ildvid Hartkemeier Assistant Secretary SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 ACORDM CERTIFICATE OF LIABILITY INSURANCE T6(MM/DDmrY) 7.1DATE PRODUCER RY der-Rosacker-McCue &Huston 509 W Koenig St PO Box 1228 Grand Island NE 68802 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Addison Construction Co. 1526 Horse Creek Road Cheyenne WY 82009 INSURERA: CNA Insurance INSURER B: INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDIM POLICY EXPIRATION DATE IMMfDDrfYi LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 110001000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [X] OCCUR C2079736848 10-1-05 10-1-06 DPREMISES (Ea occurence) AMAGE TO RENTED 000 0001000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X1 POLICY PRO F7 LOC X AUTOMOBILE X LIABILITY ANY AUTO C2079736977 10-1.05 10-1.06 COMBINED SINGLE LIMIT (Ea accident) $1'000'000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG _ $ ANY AUTO $ A EXCESSIUMBRELLA X LIABILITY OCCUR F1 CLAIMS MADE C2079736929 10.1.05 10.1-06 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 _ $ DEDUCTIBLE X $ RETENTION $ 10,000 WORKERS COMPENSATION AND WC STATU- X OTH- A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC27936882 10-1.05 10-1.06 E.L. EACH ACCIDENT s 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500 000 OTHER Installation Floater E5,000,000 A Contractors Equipment C2079736848 10.1-05 10.1-06 LeasedlRented Equip $150,000 $2,500 deductible DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Fort Collins is an additional insured. City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80522 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�(/��, (((��� (((��� <DG> 1V�J�iGi . 1 ACORD 25 (2001108) 0 ACORD CORPORATION 19RR SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: Bid 5982 Substation Lightning Tower Installation PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: Citv of Fort Collins CONTRACTOR: Addison Construction Co. CONTRACT DATE: July 10, 2006 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the substantially complete and will assume full possession of th specified area of the project at 12:01 a.m., on responsibility for heat, utilities, security, and insurance under Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO OWNER REMARKS: By: project as project or The the Contract AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Addison Construction Co. 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, Bid 5982 Substation Lightning Tower Installation. 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: Addison Construction Co. (CONTRACTOR) PROJECT: Bid 5982 Substation Lightning Tower Installation 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the 7/96 Section 00650 Page 1 project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: Notary Public 7/96 Section 00650 Page 2 SECTION 00100 INSTRUCTIONS TO BIDDERS SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Addison Construction Co. PROJECT: Bid 5982 Substation Lightning Tower Installation 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) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00650 Page 3 SECTION 00670 APPLICATION FOR EXEMPTION CERTI DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVERC060261 (303) 232-2616 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuantto Statute Section 39-26.114(1)(a)(XNX) 11 E 00 NOT WRITE IN THIS SPACE The exemption certificate for which you are applying mist be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works avtted and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation ofyour exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (Seereverseside). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. RegsVadoNAccout No. (to be assigned 6y DOW Period 89 0170a50 (999) $0.00 on 98 - j Scheduled .,an uay .ear I Estimated mMn uay sear caistm Oon start date: mplet,.n date. l dedare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. 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 exam ption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 890 has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF .FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS ....................................................... 1 1.1 Addenda...................................._......1 1.2 Agreement.................__..._.............,..1 1.3 Application for Payment, .... ...... 1A Asbestos....................._.....................1 1.5 Bid..............................._._................1 1.6 Bidding Documents ............. ................. 1. 1.7 Bidding Requirements. ...............1 L8 Bonds.---, ... .. ......1 1.9 Change Order....-.___........_................1 1.10 Contract Documents..._.......„..............I 1.11 Contract Price.,,._,_,.,....„_....._....._.__.1 1.12 Contract Times .................................... 1 1.13 CONTRACTOR..................................1 1.14 defective.. 1.15 Drawings..................................I.........1 1.16 Effective Date ofthe Agreement ............ 1 1.17 ENGINEER.........................................1 1.18 ENGINEERS Consultant ....................... 1 1.19 Field Order .......................................... 1 1.20 General Requirements ......................... 2 L21 Hazardous Waste.................................2 1.22.a Laws and Regulations; Laws or Regulations ...................................... 2 1.22.b Legal Holidays .................................... 2 1.23 Liens.................................................2 1.24 Milestone............................................2 1.25 Notice of Award .................................. 2 1.26 Notice to Proceed................................. 2 1.27 OWNER.....__...._........................._..2 1.28 Partial Utilization 2 1.29 PCBs.................................................2 1.30 Petroleum .................. _....................... 2 1.31 Project................................................2 1.32.a Radioactive Material 2 1.32.b Regular Working Hours .......... ..._.,_._.2 1.33 Resident Project Representative_..,,...,,,, 2 1.34 Samples ....... .......... _................ ... ......2 1,35 Shop Drawings. ......_... .... ......_.......2 1.36 Specifications.... ...._.......... 1.37 ............. Subcontractor....._..,_..,__ 1.38 .. ...............2 Substantial Completion .......................2 1,39 Supplementary Conditions ......,- ...... _,2 1.40 Supplier .................. 1.41 _......_..............__2 Underground Facilities ..._._._.......... 1.42 Unit Price Work................................... 3 1.43 Work. _ __......_.......... _.._3 1.44 Work Change Directive... ... __..... ,.... ,.,_3 L45 Written Amendment, ..... ...._3 Page Number 2. PRELIMINARY MATTERS ................................ 3 2.1 Delivery of Bonds.............:..............3 2.2 Copies of Documents ........................3 2.3 Commencement of Contract Times; Notice to Proceed...............3 2A Starting the Work ........................ 3 2.5-2.7 Before Starting Construction; CONTRACTORS Responsibility to Report, Preliminary Schediles; Delivery of Certificates of Insurance ................................... 3-4 2.8 Preconstruction Conference 4 2.9 Initially Acceptable Schedules ........... 4 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .................................. _......4 - 3.1-3.2 Intent ............................................. 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms. or Adjectives ..................................... 5 3.5 Amending Contract Docunents......... 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents .........................5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS ......................................... 5 4.1 Availability of Lands_............._,...5-6 4.2 Subsurface and Physical Conditions .................................... 6 4.2.1 Reports and Drawings ,,,,,,,,6 4.2.2 Lim ited Reliance by CONTRAC- TORAuthorized, Technical Data.............................................6 4.2.3 Notice of Differing Subsurface or Physical Conditions ...:........ .. . .. . 6 4.2.4 ENGINEER'S Review ........................ 6 4.2.5 Possible Contract Documents Change........................................6 4.2.6 Possible Price and Times Adjustments ......... . . . .............. 6-7 4.3 Physical Condtions--Underground Facilities ....................................... 7 4.3.1 Shown or Indicated...... ._ ,,,.....7 4.3.2 Not Shown or Indicated 7 4.4 Reference Points ................................ 7 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 7-8 ..................... 5. BONDS AND INSURANCE....._ ........ .................. 9 5.1-5.2 Performance, Payment and Other Bonds.., ...... ... ­ I ........ .................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance .................... 8 5.4 CONIRACTOR's Liability Insurance ......................... ................9 5.5 OWNER's Liability Insurance ..... ......_ 9 5.6 Property Insurance,.... I....................9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance..................10 5.8 Notice of Cancellation Provision 10 5.9 CONIRACTOR's Responsibility for Deductible Amounts ................ ... 10 5.10 Other Special Insurance„ ................... 10 5.11 Waiver of Rights..............................._11 5.12-5.13 Receipt and Application of Insurance Proceeds ...................... 10-11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace.... 5.15 Partial Utilization --Property Insurance., ........................ ............. 11 6. CONTRACTOR'S RESPONSIBILITIES I1 6.1-62 Supervision and Superintendence,,,..,. 11 6.3-6.5 Labor, Materials and Equipment,_ 11-12 6.6 Progress Schedule ........ ___..._......... __.12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation ............. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights .................. _... _ .13-14 6.12 Patent Fees and Royalties ............... ._14 6.13 Permits .... ............... 14 6.14 Laws and Regulations,......._ .............. l4 6.15 Taxes .................................. 14-15 6.16 Use ofPremises...... .............„.,_..._.._15 6.17 Site Cleanliness.,_ ............._.._......., 15 6.18 Safe Structural Loading .................... 15 6.19 Record Documents,_....... 15 6.20 SafetyandProtection...._......... 6.21 Safety Representative_ . ............... ....16 6.22 Hazard Communication Programs...,.. 16 6.23 Emergencies .................. ......... .... 16 6.24 Shop Drawings and Samples..............16 6.25 Submittal Proceedures, CON- TRACTOR s Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER__....16-17 6.27 Responsibility for Variations From Contract Documents ............ 17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ................................... 17 6.29 Continuing the Work......................17 6.30 CONTRACTOR's General Warranty and Guarantee ..... I ......... 17 6.31-6.33 Indemnification .......................... 17-18 6.34 Survival of Obligations... ................. 18 7. OTHER WORK ........................ _..................... _ 18 7.1-7.3 Related Work at Site ........................ 18 7.4 Coordination, ... .................... ... 18 8. OWNER'S RESPONSIBILITIES .......................... 18 8.1 Communications to CON- TRACTOR....... . .. . .................18 8.2 Replacement of ENGINEER .........,..18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests...............................18-19 8.5 Insurance.......................................19 8.6 Change Orders...............................19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services......................................19 8.9 Limitations on OWNER'S Responsibilities_ .............. . ...........19 8.10 Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material ..................... 19 8.11 Evidence of Financiil Arrangements........ I ..... _....... I .... J. 9 9. ENGINEER'S STATUS DURING CONSTRUCTION._...._...................................19 9.1 OWNER's Representative ............... 19 92 Visits to Site ..._.., . 19 9.3 Project Representative..._.. _,._,..19-21 9,4 Clarifications and Interpre- tations ............................ .... _.... 21 9.5 Authorized Variations in Vdrk 21 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title Page Number 9.6 Rejecting Defective Work ..................21 13.8-13.9 Uncovering Work at ENGI- 9.7-9. 9 Shop Drawings, Change Orders NEER'sRequest ........ ....._._..... 7-28 and Payments...................................21 13.10 OWNER May Stop the Work.........,28 9.10 Determinatims for Unit Prices 21-22 13,11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work .............. ...._... ....28 NEERasInitial Interpreter ..............22 13.12 Correction Period........,,,,,,......,__28 9.13 Limitations on ENGINEER'S 13.13 Acceptance of Defective Work ......28 Authority and Responsibilities..., 22-23 13.14 OWNER May Correct Defective Work ..................................... 28-29 CHANGES IN THE WORK ........................................ 23 10.1 OWNER's Ordered Change .... ............ 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjusnnent ..... ....... ...... ...... 3 COMPLETION ........................ ...........__.......,,29 10.3 Work Not Required by Contract 14.1 Schedule of Values ........................29 Documents .................... ....... ........... 3 14.2 Application for Progress 10.4 Change Orders ........................ ......... 23 Payment ............. ........... ..__.....,_29 10.5 Notification of Surety ................ ........23 14.3 CONTRACTOR'sWarranty of Title ........................................... 29 CHANGE OF CONTRACT PRICE ......................_.....23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments ...... ..........29-30 Adjustment; Value of 14.8-14.9 Substantial Completion ................ 30 the Work ........ ......... I ......... ........ 23 24 14.10 Partial Utilization .....:30-31 11.4 Cost of the Work ..............___....,,,24-25 14.11 Final Inspection ........,._...... .,..._..31 11.5 Exclusions to Cost of the Work__ .....25 14.12 Final Application for Payment_...,. _31 11.6 CONTRACTOR's Fee ........... . . ...... 25 14,13-14.14 Final Payment and Acceptance....._, 31 IL7 Cost Records........... _,.,..... 25-26 14.15 Waiver of Claims, ..... ....31-32 11.8 Cash Allowances...............................26 11.9 Unit Price Work ..................... ,,,,, ...... .26 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 CHANGE. OF CONTRACT TIMES _, ...... _. _. _. „........ _. 26 15.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment ..................._..26 15.2-15.4 OWNER May Terminate 32 12.2 Time of the Essence.. .... I ..... ..,.26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate _,... _..., _,. 32-33 Control 26-27 12.4 Delays Beyond OWNER'S and 16. DISPUTE RESOLUTION .......... ....... I ......... ...... 33 CONTRACTOR'S Control ................. 27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ......._........ _...._._..................._27 13.1 Notice of Defects 27 13.2 Access to the Work .............................. 27 13.3 Tests and Inspections, CONTRACTOR's Cooperation .... ...... 7 13.4 OWNER's Responsibilities, Independent Testing Laboratory_,,,, 27 13.5 CONTRACTOR's Responsibilities.... _... .............. .. .. ...27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval. . . .. .. . .... 27 17. MISCELLANEOUS ........................................... 33 17.1 Giving Notice„.._....,..„..__..__,___33 17.2 Computation of Times .................... 33 17.3 Notice of Claim .............................33 17A Cumulative Remedies ...................... 33 17.5 Professional Fees and Court Costs Included . .. ......... ......1-1- ... . 33 17.6 Applicable State Laws .... Intentionally left blank_ ............................... ....35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement.,. ... ...... ... . GC -AI 16.1-16.6 Arbitration ............................... GC -Al 16.7 Mediation.. ........__...,._ .GC -Al ry EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance ............. ..........................5.14 defective Work,.,,.,,__ .......... ....... 13.5, 13.13 final payment ........................ ............... 9,12, 14.15 insurance......................................................... 5.14 other Work, by CONTRACTOR .................._...._.7.3 Substitutes and "Or -Equal" Items .......... .........6.7.1 Work by OWNER ......... ...... 2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities.. ............................................ 4.1 site, related Work...............................................7.2 Work...........................................13.2, 13.14, 14.9 Acts or Omissions- , Acts and Omissions-- CONTRACTOR.........__......................6.9.1, 9.13.3 ENGINEER... .......... I ....... .................... 6.20, 9.13.3 OWNER................................................... 6.20, 8.9 Addenda --definition of (also see definition of Specifications) ,,,,,,-.(1.6, 1.10, 6.19), 1.1 Additional Property Insurances ................................. 5.7 Adjustments -- Contract Price or Contract Times... ....... ...... .......... L5, 3.5, 4.1, 4.3.2, 4.5.2. 4.5.3, 9.4, 9.5. 10.2-10.4 ........... 11, 12, 14.8, 15.1 progress schedule....... .................6.6 Agreement— definition of...................................................1.2 "All -Risk" Insurance, policy form._........ „................5.6.2 Allowances, Cash ....................... 1],g Amending Contract Documents„ ... . ........................ 3.5 Amendment, Written -- in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 .............. ...... 6.8.2, 6.19, 10.1, J0.4, IL2 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to_ ......... .......... ...9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of ..._............._......... 1.3 ................ ENGINEER'sResponsibility . ........ _................... 9.9 final payment ............ ._.... .13.4, 9.13.5, 14,12-14,15 in general ......... ................ 18, 2.9, 5.6.4, 9.10, 15 5 progress payment,..,.., _...,.... _....................14.1-14.7 review of............_..........._............_.._...:14.4-14.7 Arbitration.................................................... 16.1-16.6 Asbestos -- claims pursuant thereto,._ ........... .........4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .,_._.....4.5.2 definition of ................................ Article or Paragraph Number OWNER responsibility for ........ ......... _ . _....... 4.5.1, 8.10 possible price and times change ........................4.5.2 Authorized Variations in Work .._,.,_.. 3.6, 6.25, 6.27, 9.5 _ Availability of Lands....... .......... . .... .._....... 4.1, 8.4 Award, Notice of --defined......_.__. Before Starting Construction ...._ _ .._ ....2.5 2.8 Bid --definition of..,_.,_ ....... .......1.5 (1.1, 1.10, 2.3, 3.3, .....I .................. 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of...................................................1.6 (6.8.2) Bidding Requirements --definition of _.............. .._..... 1.7 (1.1, 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds, ................................. 10.5, 11A.5.9 Cost of the Work .............. _...........................I 1.5.4 definition of.......................................................).8 delivery of .......................... _............. ..........2.1, 5.1 final Application for Payment, ............ .... 14,12-14.14 general ...................................... 1.10, 5.1-5.3, 5.13, _...9.13, lo.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.,__.,, 5A11, 5.8, 5.15 Cash Allowances..................................................11.8 Certificate of Substantial Completion ,....,..1.38, 6.30.2.3, _............._............_......... _.._I4.8, 14.10 Certificates ofInspection .... _....... ._..... 9.13.4, 13.5, 14.12 Certificates of Insurance... ........ I ..2.7, 5.3, 5.4.11, 5.4.13, ..........I ............ 5.6.5, 5.8, 5,14, 9.13.4, 14,12 Change in Contract Price -- Cash Allowances ................ _.......... _... _........... 11.8 claim for price adjustment..._..._„ 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ...... 9.5, 9,11, 102, 10.5, 112, 139, ... .........._...... 13.13,1314,147,15.1,15.5 CONTRACTOR'sfee........ ,.._........._........,11.6 Cost of the Work general..... _...... _............. _................11 A-11.7 Exclusions to,..... _............ ................. _........ _, 11.5 Cost Records.....................................................11.7 in general.............1.19, 1.44, 9,11, 10.4.2, 104.3, 11 Lump Sum Pricing. ............ ._...___.. 11.3.2 Notification of Surety. ....... ,. 10.5 Scope of,.. _....._- ......... ..... 10.3-10.4 Testing and Inspection, Uncovering the Work ...... ....._ ...... _.. _........ 13.9 ETCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORTCOLLINS MODIFICATIONS (REV 9/99) Unit Price Work ...11.9 ........................................ Article or Paragraph Num her Value of Work..................................................11.3 Change in Contract Times -- Claim for times adjustment ........ 4.1, 4.2.6, 4.5, 5,15, ... 6.8.2, 9 4, 9.5, 9.11, 10.2, 10.5, 12.1, _.__...,__13.9, 13.13; 13.14, 14.7, 15.1, 15.5 Contractual time limits 12.2 Delays beyond CONTRACTOR's control..._..._.........._..._......__....... _.__....12.3 Delays beyond OWNEWs and CONTRACTOR's control............................12.4 Notification of surety, ............................. 10.5 Scope of change., ..................... .... ........... 103-10.4 Change Orders -- Acceptance ofDefective Work ..........................13.13 Amending Contract Documents . ...................... 3.5 Cash Allowances ............................................... 11.8 Change of Contract Price .. . ................................11 Change of Contract Times .................... ...._...__. 12 Changes in the Work.... ..................................... 1.10 CONTRACTOR's fee ........................................ 11.6 Cost of the Work 11.4-11.7 Cost Records__.._... _ ................... ........ ......... . _ 11.7 definition of....... __....._..._ ..................._._._....1.9 emergencies.................................................... 6.23 ENGINEERS responsibility. ,...... 9.8, 10A, 11.2, 12.1 execution of,.,.._,,,,,,,,,,,,,,, ........................ _,_10.4 .. Indemnifyction ........................6A2, 6.16, 6.31-6.33 Insurance, Bonds and .................... _.,.5.10, 5.13, 10.5 OWNER may terminate ......... ........15.2-15.4 OWNER's Responsibility...................__._...8.6, 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities--_, ...... ...... .......... 4.3.2 Record Documents,.,......_„ 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- ......... ._..... ... Notification of surety ......... ...... ._,_.,...__.-._...._..10.5 OWNER's and CONTRACTORS responsibilities, .... I ... I.. . ........... ............ 10A Right to an adjustment ........ __ ............. .............10.2 Scope of change ... ..................... ................ 0.3-10.4 Claims -- against CONTRACTOR .. ........ ...... . .. .... . ............6.16 against ENGINEER ....................._ .......-........632 against OWNER...............................................6.32 Change of Contract Price ......... ....... ......... .9.4, 11.2 Change of Contract Times ......... ..._ 9.4, 121 CONTRACTOR's........... _4, T1, 9-4, 9.5, 9.11, 10,2, .....................11.2, 11.9, 12.1, 13.9, 14.8, .......15.1, 15.5, 173 vi CONTRACTOR's Fee 11.6 ........................................ Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.11 6.16, 6.31 Cost of the Work.......................................11.4, 11.5 Decisions on Disputes......, .. _, _. . ... . .. ..........9.11, 9.12 Dispute Resolution .___ ................................. 16.1 Dispute Resolution Agreement ............ I ...... 16.1-16.6 ENGINEER as initial interpretor ....................... Lump Sum Pricing.........................................11.3.2 Notice of ............................................................. 17.3 OWNER's_........ 9.4, 9.5, 9.11, 10.2, 11.21 11.9 ....._„12.1,13.9,13.13,13.14,17.3 OW NER'sliability................ ........... ..-- ............... 5.5 OWNER may refuse to make payment_ ...............14.7 Professional Fees and Court Costs Included ..................................... .............. . 17.5 request for formal decision oil ............. ............. 9.11 Substitute Items.:.........._...............................6.7.1.2 Time Extension .................................................. 111 Time requirements....................................9.11, 12.1 Unit Price Work..............................„..,,,,,,,.._.11.9.3 Value of ............................... ........................... 1,1.3 Waiver of --on Final Payment ............. .... 14.14, 14.15 Work Change Directive ... . ...... ..... ...... ............... 10.2 written notice required- 11.2, 12.1 Clarifications and Interpretation$,,,,,,,,,,.. 3.6.3, 9.4, 9.11 CleanSite...........................................................6.17 Coles of Technical Society, Organization or Association ................................................... 3.3.3 Commencement of Contract Times,,2.3 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs.......................6.22 Completion -- Final Application for Payment .............. ........... 1.4.12 Final Inspection .... . .......... I .....14.11 Final Payment and Acceptance, .............. j 4.13-14.14 Partial Utilization ............................................. 14.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims.... _....... _... _.......................14.15 Computation of Times ............... I .............. 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ................................................... 6.8-6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconstructi on .......................... I ........................ 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report... . _...... ...... ........ 2.5, 3.3.2 Construction, before starting by CONTRACTOR............................................2.5-2.7 Construction Machinery, Equipment, etc, ............. ...6.4 Continuing the Work , ,.._.... 6.29, 10.4 Contract Documents -- Amending...._....................................... _...........3.5 Bonds...._...........,_.................................._....5.1 EJGDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will *be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 12/03 Section 00100 Page 1 Cash Allowances ........................ _......... _.........11.9 Article or Paragraph Number Change of Contract Price ............................_...... I Change of Contract Times,.._ ............ ................. 12 Changes in the Work..._...........................10.4-10.5 check and verify ............................................. 2.5 Clarifications and Interpretations ........................ 3.2, 3.6, 9.4, 9.11 definition of ....................................................... 1.10 ENGINEER as initial interpreter of....... _. ... . 9.11 ENGINEER as OWNER's representative.............9.1 general3 Insurance............ _................... _.......................5.3 Intent........................................................3.1-3.4 minor variations in the Work ................ _.......... 3.6 OWNER'S responsibility to furnish data..............8.3 OWNER's responsibility to make prompt payment .................. ._..., 8.3, 14.4, 14.13 precedence................................................3.1, 3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications of Technical Societies .................................. 3.3 Related Work.........._ ................._..............,.._ ...7.2 Reporting and Resolving Discrepancies .,... 15, 3.3 Reuseof .............. .......... ........ .......... .......... .... . 3.7 Supplem enting.................................................. 3.6 Term ination of ENGINEER's Employm ent,, ..... .,, 8.2 Unit Price Work ................................................. 1 L9 variations .............. ...... .............. I ....... .6, 6,23, 6,27 Visits to Site, ENGINEER's..............__....._.,,,_. 9.2 Contract Price -- adjustment of ............... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof ... .... ....... .......... ... ......... -. ...1..............I I Decision on Disputes ............... ................... ..... 9.11 definition of ....................................................... 1.11 Contract Times -- adjustment of ...... ........ .......... . 3.5, 4.1, 9.4, 10.3, 12 Change of ................................... .............. 12.1-12.4 Commencement of .............................................. 2.3 definition of ..............................:................... _.1 12 CONTRACTOR-- Acceptance of Insurance ................. _.................5,14 Communications ......................................6.2, 6.9.2 Continue Work 6.29, 10.4 coordination and scheduling............................0.9.2 definition of......................................_._.........1.13 Limited Reliance on Technical Data Authorized ............. _.....,.........._.,....,,4.2.2 May Stop Work or Terminate._... _....................1.5.5 provide site access to others ....................... 7.2, 13.2 Safety and Protection ...................4.3.1.2, 6.16, 6.18, ......... .._....6.21-6.21 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal......._............._............._.6.25 vii Stop Work requirements...,.._ . ....... ....._.... ..... ..4.5.2 CONPRACTOR'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 defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency._._ ..................._........._._.. 6.23 Defects in Work of Others. -,, ........ _.............. 7.3 Differing conditions ............... I ...... ...._,,,.,,4.2.3 Discrepancy in Documents........ 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated,,,.,,.... 4.3.2 Emergencies ......................... ............................ 6.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus ............ ............. 11.5.1, 11.6 General Warranty and Guarantee .......................6.30 Hazard Communication Programs ................. 6.22 Indemnification .......... ......... ..... ¢.12, 6.16, 6.31-6.33 Inspection of the Work...,,,,.,,.. .................. 7.3, 13.4 Labor, Materials and Equipment ................. 6.3-6.5 Laws and Regulations, Compliance by ....... _,.. 6.14.1 Liability Insurance .............................................. 5A Notice of Intent to Appeal ............. _...........9.10, 10.4 obligation to perform and complete theWork....................................................6.30 Patent Fees and Royalties, paid for by................6.12 Performance and Other Bonds_ ..... I..... .... ,, 5.1 Perm its, obtained and paid for by......................6.13 Progress Schedule,.....,_..................2.6, 2.8, 2.9, 6.6, .............................I..........6.29, 10.4, 15.2.1 Request for formal decisionon disputes .............. 9.11 Responsibilities -- Changes in the Work,,10.1 Concerning Subcontractors, Suppliers and Others......................................6.8-6.11 Continuing the Work .........................6.29, 10.4 CONTRACTOR'S expense .......................... 6.7.1 CONTRACTOR's General Warranty and Guarantee_ ....... .._......_........_.....,..6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal.................6.25 Coordination of Work ................................. 69.2 F,ln ergencies.......... ......................................623 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ............. 6.7.3 For Acts and Omissions of Others.. ........... ....... .... 1.16.9.1-6.9.2, 9.13 for deductible amounts,insurance.................5.9 general .......... _.....6, 7 .......... 2, 7.3, 8.9 Hazardous Communication Programs„_,,.. ... .22 Indemnification, 6.31-6,33 EICDC GENERAL CONDITIONS 1910-811990 EDI11ON) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment ........ _...... 6.3-6.5 CONTRACTORS --other,..,.,,. ... ,_................................ Laws and Regulations ........... .........-.1.6.14 Contractual Liability Insurance .. ......... .....5A.10 Liability Insurance ........................................ 5.4 Contractual Time Limits ................ ............... .......... .12.2 Article or Paragraph Number Notice of variation from Contract Docum ems ......................................... 6.27 Patent Fees and Royalties.. ,_........................6 12 Permits 6,13 Progress Schedule .............. _......................... 6.6 Record Documents.. _.., _ _ . ............ . ...... _ ., 6.19 related Work performed prior to ENGINEER s approval Of required subm ittals............................................. 6.28 safe structural loading.................................6 18 Safety and Protection .................... 6.20, 7.2, 13.2 Safety Representative......... I.........................6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples, .................. ...6.24 Shop Drawings and Samples Review by ENGINEER ............. _,.............-.......6.26 Site Cleanliness ........................................... 6.17 Submittal Procedures ................................ ... 6.25 Substitute Construction Methods and Procedures ..................................... 6.7,2 Substitutes and "Or -Equal" Items ...... ._. ...... 6.7,1 Superintendence ........................... I .... ..... ...... 6.2 Supervision.................................................. 6.1 Survival of Obligations, ... ........... ........... 6.34 Taxes........................................................ 6,15 Tests and Inspections..................................13.5 To Report ......................... _.. .................... . 2.5 Use of Premises .....................6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim. .......... 4, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, .1 ... I .... 11. 9, 12.1, 13. 9, 14. 8, 15.1, 15. 5, 17.3 Safety and Protection .................. 6.20-6.22, 7.2, 13.2 Safety Representative ............. .._ 6.21 Shop Drawings and Samples Submittals, ... 6.24-6.28 Special Consultants ........ ........... ._..11.4.4 Substitute Construction Methods and Procedures.. 6. 7 Substitutes and "Or -Equal" Items, Expense ...................._...... ......... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others., ..... ,, 6.8-6.11 Supervision and Superintendence., ....... 6.1, 62, 621 Taxes, Payment by_ .. ......... .......6.15 Use of Premises 6.16-6.18 Warranties and guarantees, 5, 6.30 Warranty of Title... .. .... ............ ... .14.3 Written Notice Required -- CONTRACTOR stop Work or terminate,.., ..15.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.23 Substantial Completion,.._....._ ......14.8 viii Article or Paragraph Number Coordination— CONTRACTOR's responsibility. ......... ...... 69.2 Copies of Documents ................... _ I . 2.2 Correction Period.. .......................... ........ Correction, Removal or Acceptance of Defective Work-- in general, ........ 10.4.1, 13.10-13.14 Acceptance of Defective Work...........................1.3.13 Correction or Removal of Defective Work...............................„6.30, 13.11 Correction Period.............................................13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections .................... ............. .„ 13.4 Recordsll.7 Cost of the Work -- Bonds and insurance, additional .. .................11.4.5.9 Cash Discounts ................................................ 11.4.2 CONTRACTOR'sFee._,,....... ., .. .............. 11.6 Employee Expenses. J 1.4.5.1 Exclusions to ........... .. ............ _......... ......... _......11.5 General 11.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages... .................................. 11 A,5.6 Materials and equipment.,,,. ...._.., . _.... AL4.2 Minor expenses...........................................11.4.5.8 Payroll costs on changes........ _ ... _.........._......11.4.1 performed by Subcontractors ................. ... .... ...11.4.3 Records l l.7 Rentals of construction equipment and machinery ................................ ....,,11.4.5.3- Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary facilities ........ ........ J 1.4.5.2 Special Consultants, CONTRACTORSs.. ,._.....11A.4 Supplemental ...................... _........................11.4.5 Taxes related to the Work ............................... 11.4.5.4 Tests and Inspection..,.,_._„.................__,__,......13.4 Trade Discounts................................„_,.........11.42 Utilities, fuel and sanitary facilities. ........ 11.4.5.7 Work after regular hours................_.....,,....._,11.4.1 Covering Work ....... ............ ....... Cumulative Remedies....................... ............... 17.4-17.5 Cutting, tittingandpatching._......_.._.._ _72 Data, to be furnished by OWNER ......... Day --definition of..._..........._..........._................17.2.2 Decisions on Disputes.....................................9.11, 9.12 defective --definition of., ... .....................................1.14 defective Work -- Acceptance of.... ......_... ......__.,.10A 1, 13,13 E](7DC GENERAL CONDITIONS 1910-8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Correction or Removal of,.,,,,,.,_...........10.4.1, 13.11 Correction Period ................ ........................33,12 in general.........................................13, 14.7, 14,11 Article or Paragraph Number Observation by ENGINEER ... ............... ...... _...... 9.2 OWNER May Stop Work ................................. 13,10 Prompt Notice of Defects,,.,.,..._....,,. .....13.1 Rejecting................. .........................................9.6 Uncovering the Work._,,,,,,,,_„ .......................... 13.8 Definitions...., ,,.._.._...._ .......................................... l Delays..._.................................4.1, 6.29, 12.3-12.4 Delivery of Bonds ..................................................... 2.1 Delivery of certificates of insurance, .......... ... ..... ... .... 2.7 Determinations for Unit Prices ,,,,,,,,,,, 9.10 Differing Subsurface or Physical Conditions-- Notice of..........................................I..............4.2.3 ENGINEER's Review ...................................... 4.2.4 Possible Contract Documents Change..............4.2.5 Possible Price and Times Adjustments..............4.2.6 Discrepancies -Reporting and Resolving„.... ......... _ _ ................. 2.5, 3.3.2, 6,14.2 Dispute Resolution_ Agreement _.........__............._._.............16.1-16.6 Arbitration ..... _...._...................._........._16.1-16.5 generall6 Mediation ............................. _.......... _........... _ 16.6 Dispute Resolution Agreement.. .._ _, _............. . _ 16.1-16.6 Disputes, Decisions by ENGINEER. ........ ....... „ 9.11-9.12 Docum ents-- Copiesof ........ ............................ ............. ........ 2.2 Record 6.19 Reuseof............................................................ 3.7 Drawings --definition of.. ..... I ............................... 15 Easements ................. ............................................ 4.1 Effective date of Agreement --definition of.... ..........1.16 Emergencies .............................. .............................. . 6.23 ENGINEER -- as initial interpreter on disputes .................9.11-9.12 definition of., ........ ._,.I................. Limitationson authority and responsibilities..... 9.13 Replacement of, ....... .......................................... 8.2 Resident Project Representative ..............._,.._...,.,9.3 ENGINEER s Consultant -- definition of ..................... 1 18 ENGINEER's-- authority and responsibility, limitations on ... 9.13 Authorized Variations in the Work ....................... 9.5 Change Orders, responsibility far ... ...9.7, 10, 11, 12 Clarifications and Interpretations ..............3.6.3, 9A Decisions on Disputes.,. _. _........ _ ...... 9.11-9.12 defective Work, notice of . 1.1.1 Evaluation of Substitute Items..,,,,,...,_._... _..6.7.3 Liability .................... _...... ......... ............. .32, 9.12 Notice Work is Acceptable.,,,,_......,, _..._..... .... 14. 13 Observations .._._...6.30.2, .................................. 9.2 OWNER'S Representative................................._.9.1 Payments to the CONTRACTOR, Responsibility for ............... ................. 9.9, 14 Recommendation of Payment ............ _..... 14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on .... ............. 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions, ....... .. .... ...... ..... .... 4.2.4 Shop Drawings and Samples, review responsibility . .......................................... 6.26 Status During Construction -- authorized variations in the Work 9.5 Clarifications and Interpretations....,.,, „.......9.4 Decisions on Disputes,,,,,,,,,,,,,_..,.,,,,, ...................... Determinations on Unit Price........................ 9.10 ENGINEER as Initial Interpreter ... ...... 9.11-9.12 ENGINEER'S Responsibilities ................9.1-9.12 Limitations on ENGINEER'S Authority and Responsibilities... ..... .....: .„_...... _... _. 9.13 OWNER's Representative.......... .................... 9.1 Project Representative.... _.. ............... ... . _,-....9.3 Rejecting Defective Work .........................__.9.6 Shop Drawings, Change Orders and Payments.......__....._.__...._...9.7-9.9 Visits to Site.._......_..._..._......__............._„_9.2 Unit Price determinations ............ ........... _....... 9.10 Visits to Site 9.2 Written consent required.. ......... _ _ . _ .... ......... 7.2, 9.1 Equipment, Labor, Materials and ,,,............ __..6.3-6.5 Equipment rental, Cost of the Work,,,,,,,,,,,,,,,,,, 11.4.5.3 Equivalent Materials and Equipment . ... ....... ........... .. 6.7 error or omissions .......................... 6.33 Evidence of Financial Arrangements.......................8.11 Explorations of physical conditions ........................4.2.1 Fee, CONTRACTOR's--Costs Plus ................._,,,,_,..11.6 Field Order -- definition of ...... ....... ......__......._..__.....,.,,1.19 issued by ENGINEER....,. ,, ,. _... _.. _ _.. , ....... 3.6.1, 9.5 Final Application for Payment ....................... _....... 14.12 Final Inspection _.................14.11 Final Payment -- and Acceptance.............................__...,14.13-14.14 Prior to, for cash allowances ................................ 11.8 General Provisions ... ._............ ,....__...............17.3-17A General Requirements -- definition of ..................._..........._........_.....1,20 principal references to,,,,......,. 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ........ ......................._. _.................1Z1 Guarantee of Work --by CONTRACTOR ...... 6.30, 14,12 Hazard Communication Programs...., .............. 6.22 Hazardous Waste -- definition of....._......__ .,, _..1.21 general .. _.. _ _. _..... 4.5 OWNER's responsibility for.......... _.................. 8.10 E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification ........................ ...... 0.12, 6.16, 6.31-633 Initially Acceptable Schedules . .. .. ......... . . _ _ _ .....I........2.9 Inspection-- Certificatesof....................... .....9.13.4, 13.5, 14,12 Final 14.11 ............................................................ Article or Paragraph Number Special, required byENGINEER ....................... 9.6 Tests and Approval ..... .... ....... 83, 13.3-13.4 Insurance -- Acceptance of, by OWNER... _.. _....... ........ _. 5.14 Additional, required by changes in the Work ............................................ 11.4.5.9 Before starting the Work .................................... 2.7 Bonds and --in general... .... ........ _ ...................... _5 Cancellation Provisions ....................................... 5.8 Certificates of .. ................2.7, 5, 5.3, 5.4.11, 5.4,13, .................. _. 5.6.5, 5.8, 5, N, 9.13.4, 14.12 completed operations,,, 5.4,13 CONTRACTOR's Liability.. ....._................... .._.. 5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability ......................................5.4.10 deductible amounts, CONTRACTOR's responsibility .................... ....... _... ....... ........ 5.9 Final Application for Payment ..... _.. .............._14.12 Licensed Insurers ... ....... _..._.__..,....... 5.3 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace .......................................... 5.14 other special insurances .............. ..... I ......... .I .... 5.10 OWNER as fiduciary for insureds ......... ...... 5.12-5.13 OWNER's Liability. ..........................................5.5 OWNER's Responsibility....................................8.5 Partial Utilization, Property Insurance...............5.15 Property....................................................5.6-5.10 Receipt and Application of Insurance Proceeds ............................................... 5.12-5.13 Special Insurance .......... .................................. 5.10 Waiver of Rights .............................................. 5.11 Intent of Contract Documents _,,,,,,3.1-3.4 Interpretations and Clarifications .................... 3.6.3, 9.4 Investigations of physical conditions._._.._ ..... ...........4.2 Labor, Materials and Equipment..._.,, _... .......... ....6.3-6.5 Lands -- and Easements, ..... .._..................._.................,..8A Availability of.............................................4.1, 8.4 Reports and Tests...............................................8.4 Laws and Regulations --Laws or Regulations-- Bonds........................................................5.1-5.2 Changes in the Work...._ ...... ............10.4 Contract Documents ..... _.............. .... _......... 3.1 CONTRACTOR's Responsibilities ... . . .... . .....6.14 Correction Period, defective Work .... . ... .. . ..... . .. 13.12 Cost of the Work, taxes ....... _....... :..............11.4.5.4 definition of.. __...... _ _.,.._.__..,1.22 genera16.14 Indemnification...,..... _... _., _...,.. _..,..., _.... 6.31-6.33 Insurance..............._.................,....................... 5.3 Precedence.. .................... ....... 1, 3.3.3 Reference to....................................................3.3.1 Safety and Protection ... ........ ................ _._6.20, 13.2 Subcontractors, Suppliers and Others. _..... .... 6.8-6.11 Article or Paragraph Number Tests and Inspections .... .............................. 113.5 Use of Premises.... 6.16 Visitsto Site.......................................................9.2 Liability Insurance-- CONTRACTOR's,. _........................ _........... _....5.4 OWNER's ............................................................ 5.5 Licensed Sureties and Insurers ... ......................... I .... 5-3 Liens -- Application for Progress Payrnent......................14.2 CONTRACTOR's Warranty of Title....................14.3 Final Application for Payment .... _....... .............14.12 definition of.,,,.,, ......1.23 Waiver of Claims „ , _..14.15 I.im itations on FNGINEFR's authority and responsibilities ....................... _....... _............... 9.13 Limited Reliance by CONTRACTOR Authcri ze d..................................................... 4.2. 2 Maintenance and Operating Manuals -- Final Application for Payment ........ _........... .... 1.4.12 Manuals (of others)-- Precedence....................................................3.3.3.1 Reference to in Contract Documents,,,,,,,,,,,,,,_. 3.3.1 Materials and equipment -- furnished by CONTRACTOR_ ................._......... 6.3 not incorporated in Work...................................14.2 Materials or equipment --equivalent ................ .. ...... 6.7 Mediation (Optional)..............................................16.7 Milestones --definition of... I ......... I ...... .......... Miscellaneous_ Computation of Times.,, _................... _........,_...17.2 Cumulative Remedies.......:............._..,,...-_.,..,_,.17.4 Giving Notice....................................................17.1 Notice of Claim ....... _.......................... _...........17.3 Professional Fees and Court Costs Included .... ..... 7.5 Multi -prime contracts........... _................ _.................7 Not Shown or Indicated. ...... ............. ..................... 4.3.2 Notice of-- AcceptabilityofProject ...,_...._.;..,....._,...._.,, .14.13 Award, definition of ...... ............... .......... .......... 1.25 Claim ..___.._....... .......................................... 17.3 Defects,13.1 Differing Subsurface or Physical Conditions.,.._. 4.2.3 Giving ..... .................... .... ......17.1 Tests and Inspections ... ...... ......... ............ _........ j3.3 Variation, Shop Drawing and Sample ................ 6.27 Notice to Proceed -- definition of.....................................................1.26 giving of...._ .............. ..........2.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety ................ .......... ........ ........... 10.5 Observations, by ENGINEER .................... ....... 6.30, 9.2 Occupancy of the Work........ _........ 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR...............6 9, 9.13 Open Peril policy form, Insurance., .......... .. ........5.6.2 Option to Replace_ _... ............ _.......... 5.14 Article or Paragraph Number "Or Equal' Items ............... ................ ......... ............. 6.7 Other work 7 Overtime Work --prohibition of„ .............................. 6.3 OWNER -- Acceptance ofdefech've Work ............ .............13.13 appoint an ENGINEER ................__..... 8.2 as fiduciary .................... ... ........... ............. 5,12-5.13 Availability of Lands, responsibility ....................4.1 definition of 1.27 data,furnish......................................................8.3 May Correct Defective Work ................ . ..........13.14 May refuse to make payment.............................14.7 May Stop the Work........................................13.10 May Suspend Work, Terminate, ..........................8.8, 13.10, 15.1-15.4 Payment, make prompt .... _....... ...... 8.3, 14.4, 14.13 performance of other work. ........ 7.1 permits and licenses, requirements..,..... , _ 6.13 purchased insurance requirements.._...._,,.. ..... OWNERS -- Acceptance of the Work ...... ................. .... _„6.30 2.5 Change Orders, obligation to execute,...,,,,,, 9.6, 10.4 Communications ................................................. 8.1 Coordination of the Work 7A Disputes, request for decision ........................... 9.11 Inspections, tests and approvals..... . .......... 8.7, 13.4 Liability Insurance............................................5.5 Notice of Defects ............................................... 13.1 Representative --During Construction, ENGINEERS Status...................................... 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................. 8.10 Change Orders..............................................8.6 Changes in the Work, ...... _..............10.1 communications ............................................8.1 CONTRACTORS responsibilities..... 8.9 evidence of financial arrangements........... 8.11 inspections, tests and approvals...,....,, insurance.., ....... I— _........ _........... .................. 8.5 lands and easements ...... ........ _....., _,,..._...,, _. 8A prompt payment by ........................................ 8.3 replacement of ENGINEER— _8.2 reports and tests ......................................... _8.4 stop or suspend Work .. ................ 8.8, 13.10, 15.1 terminate CONTRACTORS services......................._.................8.8, 15.2 separate representative at site. ........ .................. .9.3 testing, independent,...,.,..... use or occupancy of the Work ..................... written consent or approval required,,,......,. ............... 13.4 .....5,15, 6.30.2.4, 14.10 9.1, 6.3, 11.4 Xi EJCDC GENERAL CONDITIONS 1910-8 (11990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required .... ...................... TI, 9.4, 9,11, .......... .................. _..._.1L2, 11.9, 14.7, 15A PCBs-- definitionof-,....__...._. ..... ...........__.._1.29 general OWNER's responsibility for _......... ..................8.10 Partial Utilization_ definition of . ,,,,,.,_. .......... . _,...._L28 general6.30.2.4, 14.10 Property Insurance ........ .... .. _ ......... ... .....5.15 Patent Fees and Royalties... . .. ..... . ... ..... ........ „-_........6.12 Payment Bonds ................. ................ ............ ...... 5.1-5.2 Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title ............. . ...14.3 Final Application for Payment ..........................14.12 Final Inspection..............................................14.11 Final Payment and Acceptance ......... .... _ 14.13-14.14 general ..........,..................................... .. .....8.3, 14 Partial Utilization .................. Retainage..........................................................14.2 Review of Applications for Progress Payments. _.._.........................14.4-14.7 prompt payment..._......._.__.._ .._..... .... Schedule of Values ...:....................................... 14.1 Substantial Completion,,,,__..._._„.............14.8-14.9 Waiver of Claims .......................... _................ 14.15 when payments due ................................ 14A, 14.13 withholding payment_........., ................... ......14.7 Performance Bonds .......... ......................... ........5.1-5.2 Perm its ......................................................... _ _ 6.13 Petroleum -- definition of......................................................1.30 general.............................................................. 4.5 O WNER's responsibility for, ............ . .............. ... 8.1 C Physical Conditions -- Drawings of, in or relating to ......... ............... .2.1.2 ENGINEER's review ...................................... 4.2.4 existing structures .._...... ..__,_._....... _.___......... ... 4.2.2 general4.2.1.2............. _......... _..... . ....................... Notice of Differing Subsurface or,_ .......... ... ......4.2.3 Possible Contract Docum ents Change ............... 4.2.5 Possible Price and Times Adjustments.,..._ ... 4.2.6 Reports and Drawings..,._ ................. ................. Subsurface and,.. . . . . .......... 4,2 Subsurface Conditions.,. .... ....... ­­ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ............... ........ Underground Facilities-- general.....................................................4.3 Not Shown or Indicaed..............................4.3.2 Protection of. ,._._._ ..... ....... ...... ............4.3, 6.20 xii Article or Paragraph Number Shown or Indicated .................__......._._............. 4.3.1 Technical Data .............................................. 4.2.2 Preconstruction Conference..................... _..,.___,...._2.8 Preliminary Matters. _. ___.. ? Preliminary Schedules ............... _._........ ,....... _.......... 2.6 Premises, Use of_.........._........._..._._..........6.16-6.18 Price, Change of Contract .......... ....... ....... ........ _, _.. _.I Price, Contract --definition of,., 1.11 Progress Payment, Applications for....._..._ ................ 14.2 Progress Payment--retainage................................. . 14.2 Progress schedule, CONTRACTORS,,.._... 2 6, 2$ 2.9, ...__..___ ..._....6.6, 6,29, 10A, 15.2.1 Project --definition of1.31 Project Representative— ENGINEERS Status During Construction ,...........9.3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER.._ ...................... .......... 8.3 Property Insurance_ Additional............................ _.........................., 5.7 general5.6-5.10 Partial Utilization................................5.15, 14.10.2 receipt and application of proceeds .... ... 5.12-5.13 Protection, Safety and... .... ........._.6.20-6.21, 132 Punch list _............................._ ....._................14.11 Radioactive Material-- defintion of.. ............. 1.32 genera14.5 OWNER's responsibility for..............................13.10 Recommendation of Payment,_... ...... 144, 14.5, 14.13 Record Documents ....................................... 6.19, 14.12 Records, procedures for maintaining ..........................2.8 Reference Points.. _ _.. ,. 4.4 Reference to Standards and Specifications of Technical Societies _._............_ .............3.3 Regulations, Laws and(or)...................................... 6.14 Rejecting Defective Work..... ... .................................9.6 Related Work -- atSite . ........ .......... .................... .................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review, .. . .... ... . .. . .. „ _ 6,28 Remedies, cumulative., ......._ ..... .....................17.4, 17.5 Removal or Correction ofDefecfrve Work .............. .13.11 rental agreements, OWNER approval required .... 11A.5.3 replacement of ENGINEER, by OWNER... 8.2 Reporting and Resolving Discrepancies ......._.,__............ ..... 2.5, 3.32, 6,14.2 Reports -- and Drawings ................... .......... and Tests, OWNER'S responsibility .......... _., 8A Resident and Project Representative -- definition of ............................ ................... . 1.33 provision for, ... ...... .................................................93 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR$ ............ I ... 6.2 Responsibilities— CONTRACTOR's-in general, ......... ................. ENGINEER's-in general.......................................9 Limitations on ..................................... 9.13 ......... OWNER's-in general..............................................8 Retainage............................................................14.2 Reuse of Documents .................... _............... _.......... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................f.25 Review of Applications for Progress Payments .......... ................... :....... 14.4-14.7 Right to an adjustment"',,,,10.2 Rights of Way, ......................................... ........ .....4.1 Royalties, Patent Fees and_...................................6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection ................. ............... 4.3.2, 6.16, 6.18, ................... .........6.20-6.21, 7.2, 13.2 general ......................................... ..... ...... 6.20-6.23 Representative, CONTRACTOR's...... ............. _ 6.21 Samples -- definition of ........................................................ 1.34 general.................................................... 6.24-6.28 Review by CONTRACTOR ............ I.... I..............6.25 Review by ENGINEER ............................ 6.26, 6.27 related Work...,.,,..._. .................................. 6.28 submittal of ................................................... 6.24.2 submittal procedures .... ................ ..................... 6.25 Schedule of progress.,, .......................... 2.6, 2.8-2.9, 6.6, ....................I....................6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals...............2 ...............6, 2.8-2.9, 6.24-6.28 Schedule of Values.............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to... ............._......,.........................15.2.1 Adjusting...........................................................6.6 Change of Contract Times.,.,,...,,,,_ ...................10A Initially Acceptable......................................2.8, 2.9 Preliminary................................. ......................2.6 Scope of Changes ........ ............................... 10.3-10.4 Subsurface Conditions 4.2.1.1 Shop Drawings -- and Samples, general._..........................._6.24-6,28 Change Orders & Applications for Payments, and., ........ I ...... ........... definition of.... _............... ......... .1.35 ENGINEER's approval of.. . ......... ....... . ......... 3.6.2 ENGINEER s responsibility for review.. . .......................... ....... 9.7, 6.24-6.28 related Work....................................................6.28 review procedures.. . ....... ..................... 2 9, 6.24-6.28 xin Article or Paragraph Number submittal required ............................................... 6.24.1 Submittal Procedures ......................................... 6.25 use to approve substitutions...... _ .............. _.. 6.7.3 Shown or Indicated ................. _ ....... _ .....,. ,...... . 4.3.1 Site Access._.........._................................._...,7.2, 13.2 Site Cleanliness ........................................................ Site, Visits to -- by ENGINEER...........................................9.2, 13.2 by others .......... _....... ........ .. 13.2 "special causes of loss" policy form, insurance definition of....................................................1.36 Specifications-- de£nation of_ ...................... ............ ........ .... 1.36 of Technical Societies, reference to,.,_,,,,,.._„_„ �.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies., ......... - .......... - ............... 3.3 Starting Construction, Before..............................2.5-2.8 Starting the Work ..................................................... 2.4 Stop or Suspend Work-- by CONTRACTOR ............. ......... ................. 15.5 by OWNER ... ...... ............._..........._8.8, 13.10, 15.1 Storage of materials and equipment. . . . ...... .... .....4.1, 7.2 Structural Loading, Safety ................... .................. ..6.18 Subcontractor -- Concerning,........... _................................. definition of, ................................_..................1.37 delays.............................................................12.3 waiver of rights ................................................ 6.11 Subcontractors --in general ........................ ......... 6.8-6.11 Subcontracts --required provision......... 5.11, 6.11, 11.4.3 Submittals -- Applications for Payment.................................14.2 Maintenance and Operation Manuals.............14.12 Procedures.......................................................6.25 Progress Schedules.......................................2.6, 2.9 Samples ....................... ............ ........ ........6.24-6.28 Schedule of Values ...... .,......... ......... _....... 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions ........._......._......_......,.2.6, 2,8-2.9 Shop Drawings. ...... ....... 6.24-6.29 Substantial Completion -- certification of .,,,,....,.._...... .......6.30.2.3, 14.8-14.9 definition of 1.38 Substitute Construction Methods or Procedures ........ 6,7.2 Substitutes and "Or Equal" Item s..............................6.7 CONTRACTOR's Expense,,... ....... ..6.7.1.3 ENGINEER's Evaluation...,., . ......... . .........6.7.3 "Or -Equal.. ................ _.............. ........................... 6.7.1.1 Substitute Construction Methods WDC; GENERAL CONDITIONS 1910,8 (19%EDITIOn W1 CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures. _......._................................. 6.7.2 Substitute Items _......... ,._,._......... ........ ...... 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatngto ........................ 4.11.2 ENGINEER's Review, ......... I ............... ......_4.2.4 general............................................................. 4.2 Limited Reliance by CONTRACTOR Authorized......... _................ ................ ...4.22 Notice of Differing Subsurface or Physical Conditions ..........................................4.2.3 Physical Conditions... ........... I ........ ......... 4.2.1.2 Possible Contract Documents Change ............... 4.2.5 Possible Price andTimes Adjustments ............... 4.2.6 Reports and Drawings ..................................... 4.2.1 Subsurface and ................................. 4.2 Subsurface Conditions at the Site ..................... 4.2.1.1 Technical Data.................................................4.2.2 Supervision_ CONTRACTOR's responsibility... , _. ........ .......... 6.1 OIVNER shall not supervise................................8.9 ENGINEER shall not supervise, .......... .. .9.2, 9.132 Superintendence, ..................... . .. Superintendent, CONTRACTOR's resident . ........ .. .. .. 6.2 Supplemental costs._ ........................................... 11.4.5 Supplementary Conditions -- definition of......................................................1.39 principal references to.................1.10, 1.18, 2.2, 17, .................... 4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9. 10 Supplementing Contract Documents .............. .... _... _3.6 Supplier -- definition of .................._.......... ........................ 1.40 principal references to .... _....... 3.7, 6.5. 6.8-6.11, 6.20, ...6.24, 9.13, 14.12 Waiver of Rights...............................................6.11 Surety -- consent to final payment...._..._.._..........14.12, 14.14 ENGINEER has no duty to ........................... _....9.13 Notification of. .................................10.1, 10.5, 15.2 qualification of ...........................................5.1-5.3 Survival of Obligations,,......._. .. 6.34 Suspend Work OWNER MaY .......................13.10, 15.1 Suspension of Work and Termination-- ........................ 15 CONTRACTOR May Stop Work or T erm inate............ _........... .. _-..............15.5 Suspend Work OWNER May Su ... . ................... 15.1 OWNER May Terminate......... _........ _..... 15.2-15.4 Taxes --Payment by CONTRACTOR, , . _.... .. .. .. ...... _ 6.15 Technical Data -- Limited Reliance by CONTRACTOR„ . _ ..... , , ,. _ 4.2.2 Possible Price and Times Adjustments...............4.2.6 Reports of Differing Subsurface and Physical Conditions...................................4.2.3 xiv Temporary construction facilities 4.1 Article or Paragraph Number Termination— byCONTRACTOR..........................................15.5 by OWNER........................................8.8, 15.1-15.4 of ENGINEER's employment... ......... ......8.2 Suspension of Work-in general ...........................15 Terms and Adjectives.... ......... .............. _ 3.4 Tests and Inspections- - AccesstotheWork,by others ................. .....13.2 CONTRACTOR's responsibilities .......................13.5 cost of 13.4 covering Work prior to,.,_..................__.__13.6-13.7 Laws and Regulations (or), ......... ......... 13.5 Notice of Defects ............................. .. 13.1 OWNER May Stop Work .... ............................. 13.10 OWNER's independent testing ............. .............13.4 special, required by ENGINEER ......................... 9.6 timely notice required ............... 13.4 Uncovering the Work, at ENGINEER's request............................................... 13.8 -13.9 Times-- Adjusting...........................................................6.6 Change of Contract......._......................I.............12 Computation of..._...._.................._.............._17.2 Contract Tim es --definition of ........ .. . ................1.12 day.........................................................17.2.2 Milestones,,,,,,,,,,.. ..................................... . ......12 Requirements -- appeals................................................. 9.10, 16 clarifications, claims and disputes,_............_9.11, 11.2, 12 Commencement of Contract Times 2.3 Preconstruction Conference ............................. 2.8 schedules ........... ............................2.6, .. 2.9, 6.6 Starting the Work ........... ..... .........._ .............. 2.4 Title, Warranty of....................................................14.3 Uncovering Work, .......... ................_.,...,..,,,_.13.8-13.9 Underground Facilities, Physical Conditions -- definition of....................................................1.41 Not Shown or Indicated ................................... 4.3.2 protection of..............................................4.3, 6.20 Shown or Indicated..........................................4.3.1 Unit A ice Work-- claims.........................................................1,1.9.3 definition of ............. .................................... _. 1.42 generall l.9, 14.1, 14.5 Unit Prices -- general 11.3.1 Determination for ............................ ......._.,,,,..,9.10 Use of Premises ........... ...... ,,..._....... 6.16, 6.18, 6.30.2.4 Utility owners.., _ _ ._._...,............6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial.................. 1.28, 5.15 6.30.2.4, 14.10 Value of the Work..... .......... 113 Values, Schedule of ... .............. ..... .._..2.6, 2.8-29, 14.1 ESCDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized ............ ................ _.... 6,25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER ............................_,,,, 9.2 Waiver of Claims --on Final Payment,. „ .. ,_14.15 Waiver of Rights by insured parties ,..,. 5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ............................ _................. 6.30 Warranty of Title, CONTRACTOR'S ...__ .:....... ....14.3 Work_ Access to, ... .._........ . _ _.... _13.2 by others ................. ........................................ .. .. 7 .. Changes inthe......... .... ....................... ..............10 Continuing the..................................................6.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of .................................................. 7A Cost of the ........... ......................................11.4-11.5 definition of ............................... .....1.43 neglected by CONTRACTOR ..... ............... ,..... 13.14 other Work ..................................................... . 7 OWNER May Stop Work ......... ........ ............ ... 13.10 OWNER May Suspend Work . _... _. _, . _..., ........ 15.1 Related, Work at Site ................ ____......7.1-7.3 Starting the ............. ........... .................... . 2.4 ........ Stopping by CONTRACTOR. _.... _. _ . 15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor ... _....... 3.6 Work Change Directive -- claims pursuant to .......... .............. ................. I .... .10.2 definition of......................................................1.44 principal references to .....................3.5.3, 10.1-10.2 Written Amendment -- definition of ..................................................... 1.45 principal references to ..... _....... 1.10, 3.5, 5.10,15.12, ............... -........¢.6.2, 6.8.2, 6.19, 10.1, 10.4, .............................11.2, 12.1, 13.12.2, 14.7. 2 Written Clarifications and Interpretations...................................3.6.3, 9A, 9.11 Written Notice Required -- by CONTRACTOR _..............._....._ .7.], 9.10-9.11, _... ......... .................. _........ 10.4, 11.2, 12.1 by OWNER .................... 9.10-9.11, 104, 11.2, 13.14 Xv EJCDC GENERAL CONDITIONS 1910.8 (1990 EDII7ON w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ aTY OF FORT COLLINS MODIFICATIONS (REV 9/99) 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and 12/03 Section 00100 Page 2 GENERAL CONDITIONS ARTICLE 1--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bic —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorises an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement_ 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 191" (1990 E(itim) wi CITY OF FORT COLLINS MODIFICATIONS (REV 42000) same are more specifically identified in the Agreement, together with. all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER'S written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2 2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 1 1.9.1 in the case of Unit Price Work), 1.11 Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Wok to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER'' Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER'S independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements --Sections of Division 1 of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all goverrmnental bodies, agencies, authorities and courts having jurisdiction. 122.b. Legal Holidays --shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Nott'ce ofAward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER --The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petrokum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project --The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 112.a. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-8 (1990E(itim) w! CITY OF FORT COLLINS MODIFICATIONS (REV V2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours --Regular working hours are defined as 7 00am to 6700pm unless otherwise specifie3 in the General Requirements. 1.33. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples -Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drawings --All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having' a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended, or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1,40. Supplier —A manufacturer, fabricator, supplier, distributor, materiahnan or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41 Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to famish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1,42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be tarnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in pamgraph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Tunes, but is evidence that the patties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10,2. 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bone& 11. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed, 23, The Contract Times will commence to ran on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtiom wi CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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. In nA v,anll will the ('ontrAet Timms Starting the Work: 2A CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to tun, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report airy conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Enprneer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at . the site is started, CONTRACTOR and OkW shall each deliver to the other OWNER, with copies to ENGINEER certificates of insurance (and other evidence of insurance reasenala#f request requested by OWNER) which CONTRACTOR And OWNER fespeatively nFa is required to purchase and maintain in accordance with paragraphs 5.^, `4 ffi�.1. Preconstruetion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as appropriate de_ s oated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General EMirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR'S schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EJCDC GENERAL CONDITIONS 191" (1 990ENtiat) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of arty such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction; review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contact Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amen&ng and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2 a Change Order (pursuant to paragraph 10.4), or EJCDC GENERAL CONDITIONS I910-8 (1990 Edtilm) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 3.5:3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 627), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ojDocuments: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS AvailabilityojLandv: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upen-reasenablemTitten-request (iiif]tyTC,=D ..L..11 f. -:.-L !+ L of or f appliGable Laws and Regulatiam OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Rice or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2, L Reports and Drawings: Reference is made to the Supplementary Conditions for identification of. 4.2.1.L Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions. Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized, Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants writh respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 42.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 42.3 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 42.3.3. differs materially from that shown or EJCDC GENERAL CONDITIONS 19I0-8 (1990E(iliai) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 623), notify OWNER . and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review.- ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGMER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Ad#uslnrents: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract. Times by the submission of a bid or becoming bound under a negotiated contract, or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTORS making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles I 1 and 12. However, OWNER, ENGINEER and ENGINEERS Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions -Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Wok. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, pFZ'".11 immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Wok in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and ESCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w./ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph6.20. CONTRACTOR shall n� be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of. any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 1 l and 12. However, OWNER, ENGINEER arid ENGINEERS Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEERS judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary chatiges in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCHs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Wok and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds Shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond famished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.32. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. 01AWER shall ef any ethef addi!IE1n8�IfL9u rod) .high O;Wicn :_ F1CDC GENERAL CONDITIONS 1910-8 (1990 E(ifim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furrushed and as will provide protection fom claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts, 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR'S employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; ie rarer iadires '-related-te� entplPeF5011 by 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership; maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9 include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER'S Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; EJCDC GENERAL CONDITIONS I910-8 (199013(hum) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33, 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12, and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 0WAER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER'S option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: IL 1M 16W.I ...'r ll�FIRIIIfl�11 .. ., ., �.91 ' 56.2. be written _ Builder's nisi. n_n _,i.x „_ "A at least inelu e in a r,._ *,sieal 108.9 OF t...:u:__.. r_i_.....e_i. the following perils: rife FePlaeom en, Of e4er4y-findudmg-bu4�-t t lilnirwd r^ am.. elsa }a^-�; arehiteBa e n OfilfaHo0w-4oeRtien that -Was-agFeed-to -in-Writing-by (NATTER . to be..,. r� by EN6R, and 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in ------------- •{Iy�;,}�i!Ry��FyRQflrf7R�OS7lyARR� _ _ • •• 'Y`J 61 art)' � I Isr G d to l.' that EJCDC GENERAL CONDITIONS 1910-8 (1990 Editiat) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)