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HomeMy WebLinkAboutBID - 6082 HORSETOOTH ZIEGLER ROUNDABOUT AND ZIEGLER ROAD IMPROVEMENTSfcgov com/purchasmg ADDENDUM No 1 6082 Horsetooth Ziegler Roundabout and Ziegler Road Improvements SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6082 Horsetooth Ziegler Roundabout and Ziegler Road Improvements OPENING DATE 3 00 P M (Our Clock) February 25 2008 To all prospective bidders under the specifications and contract documents described above the following changes are hereby made CHANGE Plan Sheet Revisions Plan sheet No 19 is revised to include the paving of Mr & Mrs Bill Warrens driveway This additional work will include pulverizing the existing asphalt in place shaping and compacting the pulverize asphalt and a 2 asphalt overlay (HBP Grading S PG 64-22) of the existing driveway within the limits shown on the revised plan sheet 2 Plan sheet No 9 is revised to delineate the pay areas for the Alternate Bike Ramps with 6 Curbheads Contract Document Revisions and Clarifications Revised Bid Schedule — The project bid schedule is revised to reflect the addition of the driveway and paving as outlined in item no 1 under Plan Sheet Revisions above Paving quantities in the bid schedule were revised to reflect minor revisions in each of these items Traffic control for the project will be provided by the Owner The Contractor shall be responsible for coordinating with appropriate City Streets Dept staff to ensure that all necessary closures detours signage and traffic control measures are in place for all phases of work in the Contract Any reference to payment to the Contractor for Traffic Control or Traffic Control Devices in the specifications or contract documents shall be inapplicable on this project No separate payment shall be made to the Contractor for Traffic Control or Traffic Control Devices where renewal Is a way of life Rev 10/20/07 Section 00020 Page 2 ENGINEER noting particularly the relatiooslun of the payment requested to the schedule of values work completed and materials and equipment delivered at the site but not incorporated in the Wink 93210 Completion 932101 Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items requiring correction or completion 932102 Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR and prepere a final list of items to be corrected or completed 932103 Observe that all items on the final lust have been corrected or completed and make recommendations to ENGINEER concerning acceptance 933 Lunttation of Authontv The Representative shall nut 9 3 3 1 Authorize any deviations from the Contract Documents Pr accept anv substitute Materials or egutpni unless authonzed bs the ENGINEER 9332 Exceed limitations of ENGINEERS 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 an asoet of the meanm% 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 oter safety precautions and Programs in connections with the Work 93 3 6 Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR 9 3 3 7 Authorize OWNER to occupy the Work m whole or inpart 9 3 3 8 Participate in specialized field or laboratory tests or inspections conducted by others except as specifically by the ENGINEER Clar!fications and Interpretations 94 ENGINEER will issue with reasonable promptness such wntten clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910 a (1990 Emnm) w/ CITY OF FORT COLLINS MODIFICATIONS (RE `42000) requirements of the Contract Documents (in the forth of Drawings or otherwise) as ENGINEER may determine necessary which shall be consistent with the intent of and reasonably Inferable from the C.omract Documents Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clanfication or interpretation justifies an adjustment in the Contract Price or the Contract Tunes and the parties are unable to agree to the amount or extent thereof if any OWNER or CONTRACTOR may make a written slain therefor as provided in Article 11 or Article 12 Authorized 1 anahons in Work 95 ENGINEER may authorize mmor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the ContraU Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly If OWNER or CONTRACTOR believes that a Field Orderjustifies an adjustment in the Contract Rice 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. 96 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective or that ENGINEER believes will net 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 97 In connection with ENGINEERS authority as to Shop Drawings and Samples, we paragraphs 6 24 through 6 28 inclusive 98 In connection with ENGENEERs authority as to Change Orders, see Articles 10 1 l and 12 99 In connection with ENGINEERS authority as to Applications for Payment we Article 14 Determinations for Una Prices 910 ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEERS preliminary determu nations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise) ENGINEERS written decision thereon will be fnid 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 ENGINEERS decision is taken within the time limits and in accordance with the procedures set forth in Exlmbit GC A Dispute Resolution Agreement entered into between OWNER and CONTRACTOR pursuant to Article 16 or (u) if no such Dispute Resolution Agreement has been entered into a formal proceeding is instituted by the appealing party in a forum of competentjunsdictnon to exercise such rights or remedies as the appealing party may have with respect to ENGINEERS 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 911 ENGINEER will be the wtial interpreter of the requirements of the Contract Documents and judge of the acceptabilityof 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 pertammg to the performance and furnishing of the Wok and clams under Articles I 1 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 charm dispute o other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than they 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 penod of time for the submission of additional or more accurate data in support of such claim dispute or other matter The opposing Fart shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimants last submittal (unless ENGINEER allows additional time) ENGINEER will render a formal decision in writing within they days after receipt of the opposing party s submittal if any in accordance with thus paragraph ENGINEERS written decision on such claim dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless (I) an appeal from ENGINEERS decision Is taken within the time hunts and in accordance with the procedures set forth in EXHTBIT GC A. Dispute Resolution Agreement entered into between OWNER and CONTRACTOR pursuant to Article 16 or (11) 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 thaty days after the date of such decision and a formal proceeding its 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 CJCDC GENERAL CONDITIONS 1910 8 (1990 Emnoro w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 912 When functioning as interpreter and judge under Paragraphs 910 and 911 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 910 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 conduhon 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 clan dispute or other matterTuFunm4&,kaj,46 913 Limitations on ENGINEER v 4uthonty and ResponuMnes 9 13 1 Neither ENGINEERS authonty or responsibility under this Article 9 or under am, 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 CONTRACTORS 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 CONTRACTORS failure to perform or furnish the Work in accordance with the Contrai,t Documents 9 13 3 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor any Supplier orofany otherperson or wgannzation performing or furnishing any of the Work 9 13 4 ENGINEERS 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 requued to be delivered by paragraph 1412 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 ENGINEERS Consultants, Resident Project Representative and assistants ARTICLE 10—CHANGES IN THE WORK 101 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 on the Work Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order or a Work Change Directive Upon receipt of any such document CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) 102 If OWNER and CONTRACTOR are unable to agree as to the extent, if any of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive a claim may be made therefor as provided in Article 11 or Article 12 103 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3 5 and 3 6 except in the case of an emergency as provided in paragraph 6 23 or in the case of uncovering Work Ts provided in paragraph 13 9 104 OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering 1041 changes in the Work which are (I) ordered by OWNER pursuant to paragraph 10 1 (it) required because of acceptance of defective Work under Paragraph 13 13 or correcting defective Work under Paragraph 13 14 or (tit) agreed to by the parties 1042 changes in the Contract Price or Contract Times which are agreed to by the parties and 1043 changes in the C.om MLt 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 ran) on the Work and adhere to the progress schedule as provided in paragraph 629 105 If notice of an} change affecting the general scope of the Work or the provisions of the Contract Documents F,ICDC GENERAL CONDITIONS 19)oS (I gw Edama) w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 42000) (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 responstbility and the amount of each applicable Bond will be adjusted accordingly ARTICLE 11—CHANGE OF CONTRACT PRICE 111 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 CONTRACTORS expense without change in the Contract Price 112 The Contract Price may only be changed by a Change Order or by a Written Amendment Any clans for an adjustment in the Contract Price shall be based on written notice delivered by the party making the clan 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 clams and stating the general nature of the clam 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 clann) and shall be accompanied by claimants written statement that the adjustment claimed covers all known amounts to which the claunant its 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 paragraph9ll it 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 112 113 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) 113 2 where the Work Involved is not covered by unit prices contamed in the Contract Documents by a mutually agreed paymerit basis including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11 62) 113 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 1 14 and 11 5) plus a CONTRACTORS fee for overhead and profit (determined as provided in paragraph 11 6) Cost offce Work 114 The tern Cost of the Work means the sum of all costs necessarily mcarred 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 l I � 11 41 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 supenntendents, foremen and other personnel employed full time at the site Payroll costs for employees not employed full time on the W ork shall be apportioned on the basis of their time spent on the Work Payroll costs shall aiel,d,- bar nit be limited to salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes workers compensation, health and fetffemm benefits—berwses- 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 42 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 thev may be obtained 1143 Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors If required by OWNER, 24 EICDCGENERAL CONDITIONS 1910-8(1990 EaInm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) CONTRACTOR shall obtain wmpeti[rve 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, of any will be accepted If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTORS Cost of the Work and fee as provided in paragraphs 114 115 116 and 117 All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable 11 44 Costs of special consultants (including but not limited to engineers architects testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work 11 4 S Supplemental costs including the following 11451 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTORS employees incurred in discharge of duties connected with the Work 11452 Cost including transportation and maintenance of all matertals, 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 cast less market value of such items used but not comwned which remain the property of CONTRACTOR 11453 Rentals of all construction equipment and machinery and the pans 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, dlsmanthng and removal thereof all in WLordance 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 11454 Sales consumer use or similar taxes related to the Work and for which CONTRACTOR is liable Imposed by Laws and Regulations 11455 Deposits lost for causes other than negligence of CONFRACTOR, any Subcontractor or anyone directly or mdirectly employed by any of them or for whose acts any of them may be liable and royalty payments and fees for permits and licenses 11456 Losses and damages (and related expenses) caused by damage to the Work not compensated by insurance or otherwise sustained by CONTRACTOR in connection with the performance and furrushing 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 Subcommctor or anyone duectly 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 CONTRACTORS 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 116 2 11457 The cost of utilities, fuel and sanitary facilities at the site 11458 V mor expenses such as telegrams long distance telephone calls, telephone service at the site expressage and similar petty cash items in connection with the Work 11459 Cost of premiums for additional Bonds and insurance required because of changes in the Work 11 5 The term Cost of the Work shall not include any of the following 1151 Payroll costs and other compensation of CONTRACTORS officers, executives, principals (of Partnership and sole proprietorships) general managers, engineers, architects estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters tunekeepers clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTORS principal or a branch office for general ache mstration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph l l 4 1 or specifically covered by paragraph 114 4—all of which are to be considered administrative costs covered by the CONTRACTORsfee 11 52 Expenses of CONTRACTORS principal and branch offices other than CONTRACTORS office at the site 1153 Anv part of CONTRACTORS capital expenses, including interest on CONTRACTORS capital emploved for the Work and charges against CONTRACTOR for delinquent payments 115 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 114 5 9 above) EJCDC GENERA[. CONDITIONS 191" (1990 EtLn®) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 11 5 5 Costs due to the negligence of CONTRACTOR arty 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 defecime Work disposal of materials or equipment wrongly supplied and making good any damage to property I1 � 66 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 114 116 The CONTRACTORS fee allowed to CONTRACTOR for overhead and profit shall be determined as follows 116 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 1 l 6 2 1 for costs mourned under paragraphs 114 1 and 1142 the CONTRACTORS fee shall be fifteen percent 11622 for costs mcurred under Paragraph 114 3 the CONTRACTORS fee shall be five percent 11623 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 114 1 11 4 2 11 4 3 and 1162 n that the Subcontractor who actually performs or furrushes 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 her Subcontractor and CONTRACTOR will each be paid a fee of fiv- percent of the armamt paid to 'R`+�,' ���c>�,am;.o>- to be negotiated m spoil froth with the OWNER but not to exceed fi,e percent of the amount paid to the next lower her Subcomractor 11624 no fee shall be payable on the basis of costs itemized under paragraphs 114 4 114 5 and It 1162) the amount of credit to be allowed by CONTRACTOR to OWNER for my change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTORS fee by an amount equal to five percent of such net decrease and 11626 when both additions and credits are involved many one change the adjustment in CONTRACTORS fee shall be computed on the basis of the net change in accordance with paragraphs 116 2 1 through 116 2 5 inclusive 117 Whenever the cost of any Work is to be 15 determined pursuant to paragraphs 114 and 11 S 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 agreesthat 1181 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 1182 CONTRACTORS costs for unloading and handling on the site labor installation costs, overhead profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be comespondmgh adjusted 11 9 Unit Price Work 1 191 Where the Contract Documents provide that all or part of the Work its to be Unit Price Work, uu[ially the Contract Pnce will be deemed to include for all Lint Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work tines 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 metal 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 CONTRACTORS overhead and profit for each separately identified item 1193 OWNER or CONTRACTOR may make a clan for an adjustment in the Contract Price in accordance with Article 11 if 11931 the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement 26 E1CDC GENERAL CONDITIONS 1910 a (1990 Edlim) w/ CITY OF FORT COLLI NS MODIFICATIONS (REV 4/ 000) and 11932 there is no corresponding adjustment with respect to any other item of Work and 11933 if CONTRACTOR beheves that CONTRACTOR is entitled to an increase in Contract Price as a result of hating 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 11934 CONTRACTOR acknowleckies that the OWNER has the right to add or delete items in the Bid Or change quantities at OWNERS sole discretion without affecting the ( ontract Price of am remaining item so long as the deletion a addmon does not exceed twenty five percent of the onpmal total Contract Price ARTICLE 12 CHANGE OF CONTRACT TIMES 121 The Contract Times (or lvhlestones) may only be changed by a Change Order or a Written Amendment Any clams 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 Nonce of the extent of the clam with supporting data shall be delivered within sixty days after such occurrence (unless FN(,INEER allows additional time to ascertain more accurate data in support of the clams) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event All claims for adjustment m the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraphglt if OWNER and CONTRACTOR cannot otherwise agree No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12 1 122 All time limits stated in the Contract Dmuments are of the essence of the Agreement 123 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 man amount equal to time lost due to such delav it 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? fires, floods, epidemics, abnormal weather conditions or acts of God Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 124 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTORS 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 (t) delays caused by or within the control of the CONTRACTOR or (it) 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 i,ontmetors perform aig other work as contemplated by Article 7 ARTICLE 13 TESTS AND INSPECTIONS CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 131 NotieeofDefects 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 tlus Article 13 Access to Work 13 2 OWNER, ENGINEER, ENGEJEERs Consultants other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at "RsOnso.e time for their observation, mspecnng and testing CONTRACTOR shall provide them proper and safe condmons for such access and advise them of CONTRACTORS site safety procedures and programs so that they may comply therewith as applicable Tests and Inspections 133 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 134 OWNER shall employ and Fay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except 1341 for inspections, tests or approvals cot Bred by paragraph 13 5 below 1342 that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 9 EICDC GENERAL CONDITIONS 1910-3 (1990 Ecb,M) w/ CITY OF FORT COLLPIS MODIFICATIONS (REV 4/1000) below shall be paid as provided in said paragraph 13 9 and 1343 as otherwise specifically provided in the Contract Documents 135 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to he inspected tested or approved by an employee or other representative of such public body CONTRACTOR shall assume full responsibility for arranging and Obtaining such inspections tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with MY inspections, tests or approvals required for OWNERS and ENGINEERS acceptance of materials or equipment to be imorporated in the Work or of materials, mis designs, or equipment submitted for approval prior to CONTRACTORS purchase thereof for incorporation in the Work 136 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 117 Uncovering Work as provided in paragraph 13 6 shall be at CONTRACTORS expense unless CONTRACTOR has given ENGINEER timely nonce of CONTRACTORS intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such nonce Uncovering Work 138 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER be uncovered for ENGINEERS observation and replaced at CONTRACTORS expense 139 If ENGINEER considers A necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others CONTRACTOR, at ENGINEERS request, shall uncover expose or otherwise make available for observation inspection or testing as ENGINEER may require that portion of the Work in question, fumuhmg all necessary labor material and equipment If it is found that such Work is defective CONTRACTOR shall pay all clans, 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 Prue and, if the parties are unable to agree as to the amount thereof may make a claim therefor as provided m Article I I 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, direcdy attributable to such '7 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 1310 If the Work is defective or CONTRACTOR falls to supply sufficient skilled workers or suitable materials or equipment or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents OWNER may order CONTRACTOR to stop the Work or any portion thereof until the cause for such order has been eliminated however this tight of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party Correction or Remoiml ofDefechve Work. 13 11 If required by ENGINEER CONTRACTOR shall Promptly m directa 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 shuns, 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 Penod 13 12 1 If within one-year two vears 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 anv Work is found to be defechve CONTRACTOR shall promptly without cost to OWNER and in accordance with OWNERS written instructions (1) correct such defective W ork, or if it has been rejected by OWNER remove it from the site and replace it with Work that is not defective and (it) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom If CONTRACTOR does not promptly comply with the terms of such instructiom 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 replaces( 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 senme before Substantial Completion of all the Work the correction period for that item may start to run trom an earlier date if so provided in the Specifications or by Written Amendment 13 123 Where defective Work (and damage to other og EJCDCGENERRAL CONDMONS 191 a 8(L990 EtLmm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4120M) 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 oae-year two years after such correction or removal and replacement has been satisfactorily completed 4eceplance of Defective Work 13 13 If instead of requiring correction or removal and replacement of defective Work OWNER (and, prior to hNGINEERs 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 OWNERS evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) If arty such acceptance occurs prior to ENGINEERS recommendation of final payment a Change Order ndl be issued incorporating the necessary revisions m 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 clam therefor as provided in Article 11 If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER OWNER Nay Correct Defective Work 13 14 If CONTRACTOR tads 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 fads 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 conectne and remedial action, OWNER may exclude CONTRACTOR from all or Hurt of the site take possession of all or part of the Work and suspend CONTRACTORS services related thereto take possession of CONTRACTORS 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 Hurd CONTRACTOR but which are stored elsewhere CONTRACTOR shall allow OWNER, OWNERS representatives agents and employees OWNERS other contractors and ENGINEER and ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All clans 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 clams 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 CONTRACTORS defective Work CONTRACTOR shall not be allowed an extension of the Contract Tunes (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNERS rights and remedies hereunder ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Ialues 141 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 142 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 accompamed by such supporting documentation as is required by the Contract Documents If pavment 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 OWNERS 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 subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow m custodianshrp By executuig the application for payment form the CONTRACTOR expressly waives his right to the beriefils of Colomdo Revised StatutesSection 24 91 101 et Sep CONTRACTOR s Warranty of Title 143 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 ofApphenhons for Progress Payment 144 ENGINEER will, within ten days after receipt of each Application for Payment either indicate in writing a EJCDC GENERAL CONDITIONS 1910-8 (1990 EAtim) w CITY OFFORTCOLLINSMODIFICAnONSOR V42000) recommendation of payment and present the Application in 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 ENGINEERS 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 145 ENGINEERs recommendation of any payment requested in an Apphmtion for Payment will constitute a representation by ENGINEER to OWNER Eased on ENGINEERS on site observations of the executed Work as an experienced and qualified design professional and on ENGINEERS review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEERS knowledge information and belief 145 t the Work has progressed to the point Indicated 14 5 2 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole Prior to or upon Substantial Completion to the results of any subsequent tests called for in the Contract Documents, to a final determination of quanuties and classifications for Unit Price Work under Paragraph 9 10 and to any other qualifications stated mtherecommendahon) and 14 5 3 the conditions precedent to CONTRACTORS 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 W exhaustive or continuous on site mspections 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 (u) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 146 ENGINEERS recommendation of any pavment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTORs 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 famish Work in accordance with the Contract Documents 147 ENGINEER may refuse to recommend the whole or any part of any payment if in ENGINEERS opinion, it would be Incorrect to make the representations to 29 OWNER referred to in paragraph 14 5 ENGINEER may also refuse to recommend any such payment or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGINEERS opinion to protect OWNER from loss because 1471 the Work is defective or completed Work has been damaged requirmg correction or replacement, 1472 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 1474 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 147) clamis have been made against OWNER can account of CONTRACTORS performance or furnishing of the Work 1476 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, 1477 there are other items entitling OWNER to a set off against the amount recommended, or 1478 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 meant so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNERS satisfaction the reasons for such action Substantial Completion 148 When CONTRACTOR considers the emue W ork ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items speafically fisted 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 It ENGINEER 30 EJCDCGENEItALCONDITIONS 1910-8(/990Ebt,m) 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 OWNERS 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 (ONTRACTOR 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 ( ONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEERS issuing the definitive certificate of Substantial Completion ENGINEERS aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 149 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Uhhlghon 1410 Use by OWNER at OWNERS option of any substantially completed part of the Work, which (i) has specifically been identified in the Contract Documents or ([)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 CONTRACTORS performance of the remainder of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following 14 10 1 OWNER at any time may request CONTRACTOR in wntmg to permit OWNER to use any such Fart of the Work which OWNER believes to be ready for its intended use and substantially complete If CONTRACTOR agrees that such Fart 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 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 CONTRAC FOR 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 w,bng giving the reasons therefor If ENGINEER considers that Fart 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 14 102 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 1411 Upon written notice from CONTRACTOR that the enure 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 N complete such work or remedy such defictenmes Final Application for Payment 1412 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 tnspectioq marked up record documents (as provided in paragmph619) and other documents CONTRACTOR may make application for final payment following the procedure for progress payments The final Application for Payment shall be accompanied (except as previously delivered) by (i)all documentation called for in the Contract Documents, including but not limited to the evidence of msurance required by subparagraph 5 4 13 (u) consent of the surety If any to final payment and (tit) 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 filed, and (it) all payrolls material and equipment bills, and other indebtedness cormected with the Work for which OWNER or OWNERS Property might many way be responsible have been paid or otherwise satisfied It any Subcontractor or Supplier fails E1CDC GENERAL CONDITIONS 19104 (1990 Editiml w CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full CONTRACTOR may fur nish a Bond or other collateral satisfactory to OWNER to indemnify OWNER agamst any Lien Releases or waivers of liens and the consent of the surely to fmaltze pament are to be submitted on forms conformm io the format of the OWNERS standard forms bound in the Project manual Final Payment and Acceptance 14 13 If on the basis of ENGTNEERs observation of the Work during construction and final inspection, and ENGINEERS 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 CONTRACTORS 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 ENGINEERS 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 Appllcatlon to CONTRACTOR indicating in writing the reasons for refusing to recommend final payment in which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thine days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEERS recommendation and notice of acceptability the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 1762 of these General Conditions 1414 If; through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms OWNER shall upon receipt of CONTRACTORS 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 remmage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5 1 the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final Payment, except that it shall not constitute a waiver of claims Wmver ofClmms 1415 The making and acceptance of final payment will constitute 1415 1 a waiver of all claims by OWNER against CONTRACTOR, except clams ansmg 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 CONTRACTORS continuing obligations under the Contract Documents and 14 15 2 A waiver of all clams by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE 15-SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work 151 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 Tunes, or both, directly attributable to any such suspension if CONTRACTOR makes an approved clam therefor as provided in Articles l l and 12 OWNER May Termynate 152 Upon the occurrence of any one or more of the following es ents 1',2 1 if CONTRACTOR persistently finis 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 paragraph29 as adjusted from unle to time pursuant to paragraph 6 6) U 2 2 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction, I � 2 3 if CONTRACTOR disregards the authority of ENGINEER, or 1524 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 termma[e the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the W ork and of all CONTRACTORS toots, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without lability 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 EICDC GENERAL CONDITIONS 1910-8(19908anm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4120001 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 clams costs, losses and damages sustained by OWNER arumg out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such clamps, costs, losses and damages exceed such unpaid balance CONTRACTOR shall pay the difference to OWNER Such clamps, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to they reasonableness and when so approved by ENGINEER incorporated in a Charge Order provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price toy the Work performed 153 Where CONTRACTORS services have been so terminated by OWNER the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter a crue Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability 154 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) 1 S 4 1 for completed and acceptable W ork exa,uted 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 fay and reasonable sums for overhead and profit on such expenses U 4 3 for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others and h 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 ansing out of or resulting from such termination CONTRACTOR May Stop Work or Ternunate 15 > I( 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 fads to act on any Application for Payment within thirty days after it is submitted or OWNER fads for thirty, days to pay CONTRACTOR any sum finally determined to be due than 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 faded to act on an Application for Payment within thirty days after it is submitted, a OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 155 are not intended to preclude CONTRACTOR from making eta" under Articles I l and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage duecdy attributable to CONTRACTORS 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 anse under this Agreement such dispute resolution method and procedure if any shall be as set forth in Exhibits CA, 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 912 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 Giwng Nohce 171 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 marl, postage prepaid, to the last business address known to the giver of the notice 172 Computation of Time 17 2 1 When any penod of time Is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction such day will be omitted from the computation E]CD(' GENERAL CONDITIONS t910-8 (1990 EAn®) w! CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 17 2 2 A calendar day of twenty four hours measured from midnight to the next midnight will constitute a day Nonce of Claus 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 partys 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 d 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 lim rmtions or repose Cumulative Remedies 174 The duties and obligations apposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and in particular but without limitation the warranties guarantees and obligations unposed upon CONTRACTOR by paragmphs612 616 630 631 632 131 1312 1314 14 3 and 15 2 and all of the rights and remedies available to OWNER and ENGINEER thereunder are in addition to and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents and the provisions of this paragraph will be as effective as if repeated specifically n the Contract Documents inoormectlon with each particular duty obligation right and remedy to which they apply Professional Fees and Court Costs Included 175 Whenever reference is made to claims, costs losses and damages it shall include in each case but not be limited to all fees and oharges of engmeers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs 176 The laws of the Slate of Colorado apply to this A¢reemen[ Reference to two pertinent Colorado statutes aze as follows 1762 If a claim is filed OWNER is required by law (CRS 35 26 1071 to withhold from all payments to CONTRACTOR sufficient funds to Insure the payment of all clans for labor materials team hue sustenance, provisions, provender, or other suDDheS used or consumed by CONTRACTOR or his 33 34 EJCDC GENERAL CONDITIONS 19104(1990EdNm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 62000) (This page left blank tntenthonally ) EIDDC GENERAL CONDMONS 1910-8 (1990 Emnan) 35 wi CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 36 EICDCOENERA CONDITIONS 19109(19WEdM.) w/ CITY OF FORT COUINS 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 slid CONTRACTOR is amended to include the following agreement of the parties 161 All clamis, 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 havrg jurisdiction 162 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 clan 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 ENGINEERS decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been mutated, 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 nonce of intention to appeal as provided in paragraph 9 10 163 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 clam dispute or other matter in question would be barred by the applicable statute of lunitauons EJCDC GENERAL CONDITIONS 1910 8 (1990 Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 164 Except as provided in paragraph 165 below no arbitrabon arcing 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, ENGINEERS Consultant and the officers, directors agents, employees or consultants of any of them) who a not a party to this contract unless 16 4 1 the inclusion of such other person or entity Is necessary if complete relief is to be afforded among those who are already parties to the arbitration and 1642 such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings and 1643 the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such mclusim which consent shall make specific reference to this paragraph but no such consent shall constitute consent to arbitration of any dispute not specifically dewnbed in such consent or to arbitration with any party not specifically identified in such consent 165 Notwithstanding paragraph 16 4 if a claim dispute or other matter in quesuon 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 166 The award rendered by the arbitrators will be final judgment may be entered upon it many court having jurisdiction thereof, and it will not be subject to modification or appeal 167 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 161 through 166 unless delay in initiating arbitration would irrevocably prejudice one of the parties The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16 2 and 16 3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed GC Al EJCDC GENERAL CONDITIONS 1910 8 (1990 EAtim) 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 Subgrade Investigation Horsetooth and Ziegler Roads Roundabout Fort Collins, Colorado CTL Thompson, Project FC04210-135 November 13 2007 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 Revco/20/07 Section 00800 Page 1 SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 2 5 4 1 and 5 4 2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5 4 3 and 5 4 5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL) This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner 5 4 6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL) 5 4 9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) Rev 10/20/07 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO PROJECT TITLE CONTRACTOR PROJECT NUMBER DESCRIPTION 1 Reason for change 2 Description of Change 3 Change in Contract Cost 4 Change in Contract Time uhiUiNAL 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 0 - 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 DATE Title APPROVED BY DATE Title APPROVED BY DATE Purchasing Agent over $30,000 cc City Clerk Contractor Project File Architect Engineer Purchasing Rev 10/20/07 Section 00950 Page 1 NUMBER 1 2 3 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 Retamage AMOUNT DUE THIS APPLICATION CERTIFICATION The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14 3 of the General Conditions of the Contract The above Amount Due This Application is requested by the CONTRACTOR Date By Payment of the above Amount Due This Application is recommended by the ENGINEER Date By Payment of the above Amount Due This Application has been reviewed by the OWNER S Protect Manager Date By Payment of the above Amount Due This Application is approved by the OWNER Jeczion UUybU rage 1 $0 00 $0 00 $0 00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty Amount Qty Amount Qty Amount Period To Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $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 Section 00960 Page 2 CHANGE ORDERS Bid Item Unit Number Description Quantity Units Price Amount APPLICATION FOR PAYMENT Work Work Work Completed Completed Completed This Previous To Month Periods Date Qty Amount Qty Amount Qty Amount Stored Materials This Period PAGE 3 OF 4 Total Earned Percent To Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS CHANGE ORDERS $0 00 $0 00 $0 00 $0 00 $0 00 PROJECT TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 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 Section 00960 Page 4 Horsetooth Road & 7eegler Road Roundabout Date January 2008 HORSETOOTH ROAD AND ZIEGLER ROAD ROUNDABOUT CONSTRUCTION The Engineers Joint Contract Documents Committee General Conditions govern the construction of this contract The following General Requirements supplement these General Conditions PROJECT GENERAL REQUIREMENTS TABLE OF CONTENTS SECTION PAGE 01010 SUMMARY OF WORK General Reqs 2 3 01040 COORDINATION General Reqs 4 5 01310 CONSTRUCTION SCHEDULES General Reqs 6 7 01330 SURVEY DATA — (Contractor Supplied) General Reqs 8 01340 SHOP DRAWINGS General Reqs 9 11 01410 TESTING General Reqs 12 13 01510 TEMPORARY UTILIITIES General Reqs 14 01560 TEMPORARY CONTROL General Reqs 15 16 01570 TREE PROTECTION General Reqs 17 18 01580 TRAFFIC REGULATION — (Contractor Supplied) General Reqs 19 20 01700 CONTRACT CLOSEOUT General Reqs 21 01711 SITE CLEANUP General Reqs 22 01720 PROJECT RECORD DOCUMENTS General Reqs 23 General Reqs 1 Horsetooth Road & Ziegler Road Roundabout SECTION 01010 SUMMARY OF WORK 11 DESCRIPTION OF WORK A The Work shall consist of the construction of the outlined improvements BID NO Date January 2008 Horsetooth Road Improvements to Horsetooth Road consist of removal of existing asphalt surfacing and concrete curb & gutter various utility adjustments necessary excavation and embankment placement installation of new asphalt surface curb & gutter median cover crosswalks and various appurtenances associated with the roadway construction Ziegler Road Improvements to Ziegler Road consist of removal of existing asphalt surfacing concrete curb & gutter existing trees existing fence various utility adjustments necessary excavation and embankment placement installation of concrete curb & gutter new asphalt surfacing construction of new asphalt driveways and concrete driveway approaches and various appurtenances associated with the roadway construction Roundabout Construction Improvements related to the roundabout construction consist of construction of concrete curb & gutter concrete pavement colored concrete truck apron median covers and various appurtenances associated with the roundabout construction B Protection and Restoration 1 The Contractor shall replace to equal or better conditions all items removed and replaced or damaged during construction 2 The Contractor shall restore all areas disturbed to match surrounding surface conditions 3 The Owner s Field Representative must approve the condition of all replaced and/or restored areas prior to final payment 12 NOTICES TO PRIVATE OWNERS AND AUTHORITIES The following items shall be coordinated between the Contractor and the Owners Field Representative A Notify private owners of adjacent properties utilities irrigation canals and affected governmental agencies when prosecution of the Work may affect them B Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services C Contact utilities at least 48 hours prior to excavating near underground utilities D Contact all agencies at least 72 hours prior to start of construction Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation E Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractors convenience General Reqs 2 Horsetooth Road & Ziegler Road Roundabout UTILITIES Water Storm Sewer Sanitary Sewer Electric Gas/Electric Telephone Traffic Operations Cable Television PRPA City of Fort Collins Fort Collins Loveland Water District City of Fort Collins Colorado City of Fort Collins City of Fort Collins Xcel Energies Qwest Communications City of Ft Collins Colorado Comcast Cable PRPA *Utility Locates Colorado Utility Notification Center AGENCIES Occupational Safety & Health Administration (OSHA) Date January 2008 221 6700 2263104 221 6700 221 6700 221 6700 2257847 3776411 221 6630 4847166 229 5222 1 800 922 1987 8443061 Poudre Fire Authority Non Emergency 221 6581 Emergency 911 City of Fort Collins Police Department Non Emergency 221 6550 Emergency 911 Lanmer County ShenfPs Department Non Emergency 221 7177 Emergency 911 Postmaster US Postal Service Bill Adams 2254111 Ambulance Poudre Valley Hospital Non Emergency 484 1227 Emergency 911 Transportation Transfort 2216620 Traffic Engineering 221 6630 END OF SECTION General Reqs 3 SECTION 00020 INVITATION TO BID Date January 30, 2008 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3 00 P M , our clock, on February 25, 2008, for the Horsetooth-Ziegler Roundabout and Ziegler Road Improvements BID NO 6082 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 6082 Horsetooth- Ziegler Roundabout and Ziegler Road Improvements Horsetooth Road Improvements to Horsetooth Road consist of removal of existing asphalt surfacing and concrete curb & gutter, various utility adjustments, necessary excavation and embankment placement, installation of new asphalt surface, curb & gutter, median cover, crosswalks, and various appurtenances associated with the roadway construction Ziegler Road Improvements to Ziegler Road consist of removal of existing asphalt surfacing, concrete curb & gutter, existing trees, existing fence, various utility adjustments, necessary excavation and embankment placement, installation of concrete curb & gutter, new asphalt surfacing, construction of new asphalt driveways and concrete driveway approaches, and various appurtenances associated with the roadway construction Roundabout Construction Improvements related to the roundabout construction consist of construction of concrete curb & gutter, concrete pavement, colored concrete truck apron, median covers, and various appurtenances associated with the roundabout construction All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St , 2nd floor, Fort Collins, Colorado 80524 Contract Documents will be available January 30, 2008 A prebid conference and job walk with representatives of prospective Bidders will be held at 1 30 P M , on February 14, 2008, at 281 N College Conference Room 1A, Fort Collins Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting Rev 10/20/07 Section 00020 Page 1 Horsetooth Road & Ziegler Road Roundabout SECTION 01040 COORDINATION 1 1 GENERAL CONTRACTOR RESPONSIBILITIES Date January 2008 A Coordinate operations under contract in a manner which will facilitate progress of the Work The Contractor shall also coordinate with the Utility Companies and City Traffic Department whose Work is separate from the General Contractor s contract B Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities agencies or public safety C Coordinate operations under contract with utility work to allow for efficient completion of the Work D Coordinate all operations with the adjoining property owners business owners and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times E Keep traffic areas and temporary residential accesses free of excavated material construction equipment pipe and other material and equipment F Keep fire hydrants and utility control valves free from obstruction and available for use at all times G Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives H Provide and maintain temporary approaches or crossings at streets and residences 12 SCHEDULE AND MILESTONES The Contractor shall submit a detailed project schedule showing milestones and the critical path for The Horsetooth Road and Ziegler Road Roundabout This schedule shall be agreed to by both the Owner and Contractor The Contractor shall provide a current schedule at each week s project coordination meeting showing the critical path for the project and any obstacles that will prevent the project from meeting the required completion date Significant Milestone July 1, 2008 The following improvements must be completed prior to July 1 2008 A The roundabout and the improvements along Ziegler Road and Horsetooth Roads shall be fully open for use by the public Items that must be complete before these items are open to the public include final concrete curb & gutter in place concrete and asphalt surfaces complete in place (all lifts) sidewalks and pedestrian ramps median covers crosswalks and pedestrian refuge islands complete in place signage and stnpmg complete in place all utility adjustments in the roadway complete in place and any other necessary items inside the roadway necessary to make the roundabout usable by the public The progress schedule shall be monitored closely during construction and may be updated by written agreement of the parties as changes occur in the project progress If the milestones are not met the Owner may utilize the remedies provided in paragraph 15 6 of the Supplementary Conditions as well as any other remedy provided by the Contract Documents or provided by law or equity The Owner may also assess liquidated damages as outlined in Article 3 Section 3 2 of the Agreement General Reqs 4 Horsetooth Road & Ziegler Road Roundabout 13 CONFERENCES Date January 2008 A A Pre construction Conference will be held prior to the start of construction I The Contractor shall participate in the conference accompanied by all major Subcontractors 2 The Contractor shall designate/introduce Superintendent and major Subcontractors supervisors and key personnel assigned to project 3 The Contractor shall submit in writing proposed daily construction hours to Engineer for approval 4 The Contractor shall designate all access roads and staging and areas in witting to the Engineer for approval 5 The Engineer shall invite all utility and irrigation companies involved 6 The Utilities will be asked to designate their coordination person provide utility plans and their anticipated schedules 7 The Engineer shall introduce the Project Representatives B Additional project coordination conferences will be held prior to start of construction for coordination of the Work refining project schedules and utility coordination C The Engineer may hold coordination conferences to be attended by all parties involved when the Contractor's operations affect or are affected by the work of others 1 Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer 14 PROGRESS MEETINGS A The Contractor and Owner shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Owner or required by the progress of the Work B Attendance shall include 1 Contractor Superintendent and other key personnel 2 Owner s Representatives 3 Engineer and Project Manager 4 Others as may be requested by Contractor Engineer or Owner C Minimum agenda shall include 1 Review of work progress since last meeting 2 Identification and discussion of problems affecting progress 3 Review of any pending change orders 4 Revision of Construction Schedule as appropriate 5 Review Milestone Schedule 6 Discuss the work scheduled for the next two weeks 7 Discuss the surveying needed for the next week D The Engineer or a Project Representative shall preside at meetings and record and distribute minutes to the participants E The Engineer or Engineers Field Representative and Contractor shall agree to weekly quantities at the progress meetings The weekly quantity sheets shall be signed by both parties These quantity sheets when signed shall be final and shall be the basis for the monthly progress estimates This process ensures accurate monthly project pay estimates General Reqs 5 Horsetooth Road & Ziegler Road Roundabout END OF SECTION SECTION 01310 CONSTRUCTION SCHEDULES 11 GENERAL Date January 2008 A The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre construction conference This schedule will show how the contractor intends to meet the milestones set forth 1 No work is to begin at the site until Owners acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials 12 FORMAT AND SUBMISSIONS A Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress B Submit two copies of each schedule to Owner for review 1 Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others 13 CONTENT A Construction Progress Schedule 1 Show the complete work sequence of construction by activity and location 2 Show changes to traffic control 3 Show project milestones B Equipment Materials and Submittals schedule 1 Show delivery status of critical and major items of equipment and materials 2 Include a critical path schedule for Shop Drawings tests and other submittal requirements for equipment and materials reference Section 01340 14 PROGRESS REVISIONS A Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen or when requested by Owner or Engineer and with each application for progress payment B Show changes occurring since previous submission 1 Actual progress of each item to date 2 Revised projections of progress and completion C Provide a narrative report as needed to define 1 Anticipated problems recommended actions and their effects on the schedule 2 The effect of changes on schedules of others 15 OWNER'S RESPONSIBILITY A Owners review is only for the purpose of checking conformity with the Contract Documents and assisting General Reqs 6 Horsetooth Road & Ziegler Road Roundabout Date January 2008 the Contractor in coordinating the Work with the needs of the Project B It is not to be construed as relieving Contractor from any responsibility to determine the means methods techniques sequences and procedures of construction as provided in the General Conditions END OF SECTION General Reqs - 7 Horsetooth Road & Ziegler Road Roundabout SECTION 01330 SURVEY DATA 11 SURVEY REQUIREMENTS Date January 2008 A The Owner will not provide the construction surveying for the Project The Contractor shall provide all survey staking necessary to construct the Project in conformance with the Drawings B The Owner will make the projects CAD drawings available to the Contractor upon request C The Contractor shall provide as constructed information to the Owner in an AutoCAD compatible format prior to final completion being issued END OF SECTION General Retls 8 Horsetooth Road & Ziegler Road Roundabout SECTION 01340 SHOP DRAWINGS 11 GENERAL Date January 2008 A Submit Shop Drawings Samples and other submittals as required by individual specification sections i The Engineer will not accept Shop Drawings or other submittals from anyone but the Contractor B Schedule Reference Section 01310 Construction Schedules Submittals received by the Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to the Engineer before the time required by the schedule C Any need for more than one resubmission or any other delay in obtaining the Engineers review of submittals will not entitle the Contractor to an extension of the Contract Time unless delay of the Work is directly caused by failure of the Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the subnittals or for any other reason which prevents the Engineers timely review Failure of Contractor to coordinate submittals that must be reviewed together will not entitle the Contractor to an extension of Contract Time or an increase in Contract Price D Resubmit a corrected submittal if errors are discovered during manufacture or fabrication E Do not use materials or equipment for which Shop Drawings or samples are required until such submittals stamped by the Contractor and properly marked by the Engineer are at the site and available to workmen F Only use Shop Drawings which bear Engineers mark "NO EXCEPTION TAKEN" in the performance of the Work Review status designations listed on Engineer's submittal review stamp are defined as follows 1 NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms to the design concept complies with the information given in the Contract Documents and is acceptable for incorporation in the Work Contractor is to proceed with fabrication or procurement of the items and with related work Copies of the submittal are to be transmitted for final distribution 2 REVISE AS NOTED Signifies material or equipment represented by the submittal conforms to the design concept complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations Contractor is to proceed with the Work in accordance with Engineers notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal 3 REJECTED Signifies material or equipment represented by the submittal does not conform to the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work Contractor is to submit submittals responsive to the Contract Documents 4 FOR REFERENCE ONLY Signifies submittals which are for supplementary information only pamphlets general information sheets catalog cuts standard sheets bulletins and similar data all of which are useful to Engineer or Owner in design operation or maintenance But these submittals do not constitute a basis for determining that items General Reqs - 9 Horsetooth Road & 7regier Road Roundabout Date January 2008 represented thereby conform to the design concept or comply with the information given in the Contract Document The Engineer reviews such submittals for general information but not for substance 12 SUBMITTAL REGISTER A The Contractor shall complete the Submittal Register and submit with the Final Construction Schedule submittal The Contractor must resubmit an updated Submittal Register with each application for progress payment A format of the Submittal Register is provided below Contractor should reproduce this format (or an approved alternate) for this register B Instructions for Completing the Submittal Register Column 1 References specification section and paragraph in which submittal is requested This will be done for each item of equipment or material Column 2 Describe types of submittal required 1 e shop drawing certificate etc Column 3 List the material or item for which submittal is required Column 4 Contractor shall provide the date that he intends to make each submittal Column 5 Contractor shall provide that date by which each submittal must be approved to accomplish timely incorporation into the project Column 6 Contractor shall provide the marling date of the antral submittal made to the Owner Column 7 Contractor shall record the review action of the Owner to the last submittal for the item equipment or material Column 8 Contractor shall record the mailing date of subsequent submittal for each item equipment and material until submittal is accepted by Owner Column 9 Contractor may record remarks as necessary to coordinate with other submittal or provide necessary information 13 SHOP DRAWINGS A Include the following information as required to define each item proposed to be furnished 1 Detailed installation drawings showing foundation details and clearances required for construction 2 Relation to adjacent or critical features of the Work or materials 3 Field dimensions clearly identified as such 4 Applicable standards such as ASTM or Federal Specification numbers 5 Drawings catalogs or parts thereof manufacturers specifications and data instructions performance characteristics and capacities and other information specified or necessary a For Engineer to determine that the materials and equipment conform to the design concept and comply with the intent of the Contract Documents b For the proper erection installation and maintenance of the materials and equipment which Engineer will review for general information but not for substance c For Engineer to determine what supports anchorages structural details connections and services are required for materials and equipment and the effect on contiguous or related structures materials and equipment 6 Complete dimensions clearances required design criteria materials of construction and the like to enable Engineer to review the information effectively B Manufacturers standard drawings schematics and diagrams 1 Delete information not applicable to the Work 2 Supplement standard information to provide information specifically applicable to the Work C Format General Reqs 10 Horwtooth Road & Ziegler Road Roundabout Date January 2008 Present in a clear and thorough manner Minimum sheet size 8 1/2 x I Clearly mark each copy to identify pertinent products and models Individually annotate standard drawings which are furnished cross out items that do not apply describe exactly which parts of the drawing apply to the equipment being famished Individually annotate catalog sheets to identify applicable items Reproduction or copies of portions of Contract Documents a Not acceptable as complete fabrication or erection drawings b Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings Clearly identify the following a Date of submission b Project title and number c Names of Contractor Supplier and Manufacturer d Specification section number specification article number for which items apply intended use of item in the work, and equipment designation e Identify details by reference to sheet detail schedule or room numbers shown in the Contract Documents f Deviations from Contract Documents g Revisions on resubmittals h Contractors stamp initialed or signed certifying the review of submittal venfication of products field measurements and field construction criteria and coordination of the information within the submittal with requirements of the Work and the Contract Documents 14 SUBMISSION REQUIREMENTS A Make submittals promptly in accordance with approved schedule and in such sequence as to cause no delay in the Work or in the work of any other contractor B Minimum number required 1 Shop Drawings a Three (3) copies minimum 15 RESUBMISSION REQUIREMENTS two (2) copies which will be retained by Engineer A Make corrections or changes required by Engineer and resubmit until accepted B In writing call Engineers attention to deviations that the submittal may have from the Contract Documents C In writing call specific attention to revisions other than those called for by Engineer on previous submissions D Shop Drawings 1 Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts END OF SECTION General Reqs 11 Horsetooth Road & Ziegler Road Roundabout Date January 2008 SECTION 01410 TESTING 11 GENERAL A Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples Do not use any materials or equipment represented by samples until tests if required have been made and the materials or equipment are found to be acceptable Any product which becomes unfit for use after approval hereof shall not be incorporated into the work B All materials or equipment proposed to be used may be tested at any time during their preparation or use Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing Products may be sampled either prior to shipment or after being received at the site of the work C Tests shall be made by an accredited testing laboratory selected by the Owner Except as otherwise provided sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM) D Where additional or specified information concerning testing methods sample sizes etc is required such information is included under the applicable sections of the Specifications Any modification of or elaboration on these test procedures (which may be included for specific materials under their respective sections in the Specifications) shall take precedence over these procedures 12 OWNER'S RESPONSIBILITIES A Owner shall be responsible for and shall pay all costs in connection with testing for the following 1 Soil tests except those called for under Submittals thereof 2 Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner 3 Concrete tests except those called for under Submittals thereof 4 Asphalt tests except those called for under Submittals thereof 13 CONTRACTOR'S RESPONSIBILITIES A In addition to those inspections and tests called for in the General Conditions the Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following 1 All performance and field testing specifically called for by the specifications 2 All re testing for Work or materials found defective or unsatisfactory including tests covered under section 1 2 above 3 All minimum call out charges or stand by time charges from the tester due to the Contractors failure to pave pour or fill on schedule for any reason except by action of the Engineer B Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing 14 CONTRACTOR'S QUALITY CONTROL SYSTEM A General The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors to ensure conformance to the functional performance of this project This control shall be established for all construction except where the Contract General Reqs 12 Horsetooth Road & Ziegler Road Roundabout Date January 2008 Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner The Contractors control system shall specifically include all testing required by the various sections of these Specifications B Superintendence The Contractor SHALL employ a full time Superintendent to monitor and coordinate all facets of the Work Superintendent shall be on site when any work is in progress including weekend work The Superintendent shall have adequate experience to perform the duties of Superintendent C Quality Control Contractors quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule D Records Maintain correct records on an appropriate form for all inspections and tests performed instructions received from the Engineer and actions taken as a result of those instructions These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test nature of defects causes for rejection etc ) proposed or directed remedial action and corrective action taken Document inspections and tests as required by each section of the Specifications Provide copies to the Engineer weekly END OF SECTION SECTION 01510 TEMPORARY UTILITIES 11 UTILITIES A Furnish all utilities necessary for construction B The Contractor will be responsible for furnishing water in reasonable amounts for execution of the General Reqs 13 The Contract Documents and Construction Drawings may be examined online at 1 City of Fort Collins BuySpeed https //secure2 fcgov com/b30/login asp 2 Mercury-LDO Reprographics www mercury-ldo com Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be viewed and purchased at 1 Mercury LDO Reprograhics • FORT COLLINS 422 S Link Lane, Ft Collins, CO 80524 Ph 970-484-1201, Fax 970-221-0404 • ENGLEWOOD 9632 E Arapahoe, Englewood, CO 80112 Ph 303-790-7169, Fax 303-792-2936 • DENVER 860 Bryant Street, Denver, CO 80204 Ph 303-893-8701, Fax 303-893-0617 • COLORADO SPRINGS 11 E Las Vegas, Colorado Springs, CO 80903 Ph 719-231-8121, Fax 719-633-5710 • LODO 1660 Wynkoop Ste 130, Denver, CO 80202 Ph 303-785-2520, Fax 303-785-2522 • BOULDER 2575 Pearl St Unit C , Boulder, CO 80302 Ph 303-539-1350, Fax 303-539-1356 2 Builders Exchange, 223 South Link Lane, Fort Collins, Colorado Rev 10/20/07 Section 00020 Page 2 Horsetooth Road & Ziegler Road Roundabout Date January 2008 work The Contractor shall coordinate and schedule with the Owners Field Representative for the City of Fort Collins to select the appropriate fire hydrant and set the hydrant meter C Make arrangements with Owner as to the amount of water required and time when water will be needed 1 Owner will fix the place time rate and duration of each withdrawal from the distribution system 2 Unnecessary waste of water will not be tolerated D Furnish necessary water trucks pipes hoses nozzles and tools and perform all necessary labor 1 Only Owner shall operate existing valves and hydrants 12 SANITARY FACILITIES A Contractor shall famish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project Furnish a mimmum of two portable toilets at the trailers (if office traders are required) and a minimum of one at each project work site or as required to accommodate the number of personnel working on site B Contractor shall properly maintain sanitary facilities of reasonable capacity throughout construction periods C Contractor to enforce the use of such sanitary facilities by all personnel at the site D Place facilities out of public view using the greatest practical extent END OF SECTION SECTION 01560 TEMPORARY CONTROLS 1 1 NOISE CONTROL A Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas B Construction machinery and vehicles shall be equipped with practical sound muffling devices and operated in a manner to cause the least noise consistent with efficient performance of the Work General Reqs 14 Horsetooth Road & Ziegler Road Roundabout Date January 2008 C Cease operation of all machinery and vehicles between the hours of 7 00 p in and 7 00 a in Due to the aggressive schedule that this project entails exceptions will be made The City of Fort Collins will require written requests for exception to be submitted to the Project Engineer 3 days prior to work 12 DUST CONTROL A Dusty materials in piles or in transit shall be covered when necessary to prevent blowing B Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant Chemical dust suppressant shall not be injurious to existing or future vegetation C Dust control within the lime deposit area shall conform to the projects health and safety plan At a mimmum the lime area shall be covered as soon as possible after compaction has been obtained to minimize surface drying and dust Dust control for this area may involve multiple watering and/or continuous watering to maintain a moist surface 13 POLLUTION CONTROL A Prevent the pollution of drams and watercourses by sanitary wastes concrete sediment debris and other substances resulting from construction activities 1 Retain all spent oils hydraulic fluids and other petroleum fluids in containers for disposal off the site 2 Prevent sediment debris or other substances from entering sanitary sewers storm drains and culverts 14 EROSION CONTROL A Take such measures as are necessary to prevent erosion of soil that might result from construction activities Measures in general will include 1 Control of runoff 2 Trapping of sediment 3 Minimizing area and duration of soil exposure 4 Temporary materials such as hay bales sandbags plastic sheets riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities B Preserve natural vegetation to greatest extent possible C Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion D Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual and Plan E Comply with all necessary State of Colorado requirements as they pertain to the NPDES Phase II requirements The Contractor shall provide the Owner with a copy of the stormwater management plan (SWMP) and Discharge Permit from the State of Colorado The Contractor shall provide the Owner with copies of all SWMP inspection reports, incident reports, and all other necessary paperwork required by the State of Colorado as part of the SWMP 15 SECURITY A Contractor is responsible for protection of the site and all Work materials equipment and existing facilities General Reqs 15 Horwtooth Road & Ziegler Road Roundabout thereon against vandalism Date January 2008 B No claim will be made against the Owner by reason of any act of an employee or trespasser and the Contractor shall make good all damage resulting from his failure to provide security measures as specified C Security measures will be instituted to protect owners of existing facilities during normal operation but will also include such additional security fencing barricades lighting watchman services or other measures as Contractor feels is required to protect the site END OF SECTION SECTION 01570 TREE PROTECTION A Tree Barriers All trees which will be preserved but are within the limits of construction must be protected from all damage associated with construction A sturdy physical bamer (fluorescent orange in color) must be fixed in place around each tree for the duration of construction This bamer will be placed no closer than six (6) feet from the trunk or one half of the drip line whichever is greater The bamer itself must be fixed so it cannot be moved easily but the material can be flexible such as orange safety fence attached to metal T posts driven into the ground but must act as an effective deterrent to deliberate or accidental damage of each tree The Project Engineer or Manager must approve actual materials and location of bamer The movement or storage of equipment material debris or fill within these required protective barriers is completely prohibited In situations where the construction will come closer to a tree than six (6) feet the orange bamer must still be erected However additional padding must be placed around the trunk of each tree starting at ground level and proceeding up the trunk to a height of six or seven feet Padding should be a minimum eight (8) inches thick and made of a material strong enough to protect the bark from accidental impacts with hand tools or power equipment General Reqs 16 Hometooth Road & Ziegler Road Roundabout Date January 2008 B Accidental Poisoning During the construction the Contractor shall not cause or permit the cleaning of equipment or material within the root zone of any tree The Contractor shall not store or dispose of waste material including but not limited to paints solvents asphalt concrete mortar or any other material harmful to the life of a tree within the root zone of each tree or group of trees C Root Pruning Specifications When the cutting of tree roots is necessary each final cut must be made as cleanly as possible for all roots over three (3) inches in diameter using the following method 1 The line of excavation will be drawn out and appropriate excavation equipment used to clear the area at least six inches in front of the actual finished excavation line Roots can then be cut using tools such as axes stump grinders or trenchers 2 Each root over three (3) inches in diameter will then be cut cleanly back to the excavation line using stump grinder operated by an experienced licensed arbonst A sharp hand or bow saw is acceptable for roots under three (3) niches in diameter Axes and trenchers do not cut roots cleanly and will not be used for final root cuts D Contractor shall coordinate with the Owners' Field Representative prior to and during the ]trprotection erection and root pruning activities Owners' Field Representative, at tus/her opinwill contact the City Forester and/or City Arborist for advice and approval of the tree protecmeasures taken by the Contractor and also the City's advice and approval during the root pru activities E No damaging attachments, wires, signs, permits or other objects may be fastened by any means to any tree preserved on this project F Violation of Specifications and Penalties for Damaging Trees Any violation of these specifications will lead to penalties based on the type of violation and/or the resulting damages and may be grounds for the termination of this contract The penalties will be assessed based on the amount of damage done and the total value of that tree or group of trees prior to the damage The minimum penalty will be $100 00 Penalties for any damage will be based on the total value of the tree as determined by the City Forestry Division staff and the seventy of the damage as a proportion of the total value of that tree This could include up to the full value of the tree As an example there are two American Elm trees to be preserved on another project They are valued at $7 960 and $6 667 for the south and north trees respectively The south tree is approximately 100 inches in circumference therefore each inch is worth one hundredth of the value or $79 60 per inch Similarly the north tree is 91 inches in circumference making each inch worth $73 26 To extend this to penalties paid if one inch of the bark on the south tree is scuffed the penalty would be $100 (the minimum allowed) if two inches are damaged the penalty would be $159 20 and so on up to 50% of the circumference of the trunk If 50% or more is damaged the full value of the tree will be assessed as a penalty (This example serves to illustrate how damages will be assessed) General Reqs - 17 Horsetooth Road & Ziegler Road Roundabout Date January 2008 This method of assessing penalties will be applicable to all trees not marked for removal on the project, accidental poisoning and improper pruning END OF SECTION General Reqs - 18 Horsetooth Road & Ziegler Road Roundabout SECTION 01580 TRAFFIC REGULATION 11 TRAFFIC CONTROL Date January 2008 A The traffic control for this project shall be the responsibility of the Contractor Traffic control is defined as the manpower and devices necessary to channelize vehicular and pedestrian traffic through the project A full time Traffic Control Supervisor will be required on the project during all construction operations B The Contractor and/or Traffic Control Contractor must submit traffic control plans and coordinate all traffic control with the Citys Traffic Control Coordinator The traffic control plans must be submitted and approved 72 hours prior to starting construction and before making each modification C Conformance City of Fort Collins Work Area Traffic Control Handbook Manual of Uniform Traffic Control Devices (U S Dept of Transportation) or applicable statutory requirements of authority having jurisdiction D The traffic access/control plan limitations for handling traffic for these projects are described below Construction of the roundabout is expected to occur in two phases These phases are described as follows and are shown in detail on sheet 34 of the Drawings Phase 1 shall consist of the construction of the northern half of the west all of the north all of the east and the eastern half of the south legs of the intersection This phase will require the construction of a detour on the southwest comer of the intersection to accommodate two way traffic from northbound Ziegler Road to westbound Horsetooth Road and eastbound Horsetooth Road to southbound Ziegler Road This phase of the intersection would also require at least one lane closure on the east side of Ziegler Road from Charlie Lane to Horsetooth Road to allow for construction of the additional travel and bike lanes and sidewalk for northbound Ziegler Road During this phase of work at the intersection of Horsetooth and Ziegler Roads southbound Ziegler Road from the north side of Horsetooth Road and westbound Horsetooth Road from the east side of Ziegler Road will be closed to all non construction traffic Phase 2 shall consist of the construction of the southern half of the west leg and western half of the southern leg of the intersection This phase will require the northeastern '/ of the intersection described in Phase 1 to be complete serviceable and ready for traffic before this section of the intersection is closed for construction This phase will require closure of Horsetooth Road west of Ziegler Road in the eastbound direction and closure of Ziegler Road south of the intersection in the southbound direction Any modifications to the traffic control plan must be approved by the City s Traffic Control Coordinator and the Engineer E Vehicle bike and pedestrian access to all side streets and private drives shall be maintained at all times The Contractor will develop an access control plan in coordination with adjacent property owners and submit it in conjunction with the traffic control plan to the Engineer for approval prior to the start of any Work Pedestrian traffic shall be maintained at all times utilizing temporary sidewalks when necessary F The Contractor must work with the adjacent residents to provide and maintain sufficient access for them during the duration of the project It will be the Contractors responsibility to coordinate and communicate with the residents during construction General Reqs 19 Horsetooth Road & Ziegler Road Roundabout Date January 2008 G The Contractor must maintain at their cost access to all businesses during their business hours It will be the Contractors responsibility to coordinate and communicate with the businesses during construction H The Contractor shall keep all traffic areas free of excavated material construction equipment pipe and other materials and equipment I The Contractor shall keep fire hydrants and utility control valves free from obstruction and available for use at all times J The Contractor shall provide and maintain at their cost temporary driveway approaches on driveways open to traffic at all times to insure that the approaches are smooth compacted and will not prohibit or inhibit the use of the driveway The driveway approaches must be maintained seven days a week In the case of bad weather the Contractor must repair the driveways immediately following the storm and must work to maintain access during the storm 12 WORK AREA SAFETY A The Contractor shall maintain a safe work area and protect area residents motorists bicyclists pedestrians and children from work area hazards B The Contractor shall provide all work area safety control devices such as barricades and safety fence around all excavations and drop offs C Work area safety control devices will not be paid for separately Cost for this equipment should be included in the lump sum cost for the work items which will require work area safety control devices 13 PARKING A Provide suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project so as to avoid interference with public traffic Owners operations or construction activities END OF SECTION General Reqs 20 Horwtooth Road & Ziegler Road Roundabout SECTION 01700 CONTRACT CLOSEOUT 1 1 SUBSTANTIAL COMPLETION Date January 2008 A Substantial Completion shall be defined as the roundabout and the improvements along Ziegler Road and Horsetooth Roads being fully open for use by the public Items that must be complete before these items are open to the public include final concrete curb & gutter in place concrete and asphalt surfaces complete in place (all lilts) median covers sidewalks crosswalks and pedestrian refuge islands complete in place signage and striping complete in place all utility adjustments in the roadway complete in place and any other necessary items inside the roadway necessary to make the roundabout usable by the public B Substantial Completion dates or times are outlined in Section 00520 Agreement 12 FINAL COMPLETION A Final Completion shall be defined as the completion of all Work including cleanup Project Record Documents delivered to the Owner all punch list items completed and final processing of all change orders The Work must be ready for final payment and acceptance B Final Completion will be subject to the terns outlined in Section 00520 Agreement END OF SECTION SECTION 01711 General Reqs 21 Horwtooth Road & Ziegler Road Roundabout SITE CLEANUP 11 GENERAL A Execute cleanup during progress of the Work and at completion of the Work B Adequate cleanup will be a condition for recommendation of progress payments 12 DESCRIPTION A Store volatile wastes in covered metal containers and dispose off site Date January 2008 B Provide on site covered containers for the collection of waste materials debris and rubbish C Neatly store construction materials such as concrete forms when not in use D Broom clean adjacent paved surfaces and rake other adjacent surfaces E The streets adjacent to the construction area shall be cleaned of debris generated by the project by the Contractor at the earliest opportunity but in no case shall the street be left uncleaned after the completion of the days work It shall be the Contractors responsibility to provide the necessary equipment and materials to satisfactorily clean the roadway at no additional cost to the project The Citys Street Department will sweep the street at an approximate hourly rate of $70 00 for a mimmum of 2 hours The Contractor must sign a Contract with the City Street Department prior to requesting street sweeping If the streets are not cleaned by the Contractor within 24 hours after having been given notice from the Project Engineer, the Project Engineer will have the Streets Department sweep the streets at the rates listed above and will back charge the Contractor for expenses incurred 13 DISPOSAL A Wastes shall not be buned or burned on the site or disposed of into storm drains sanitary sewers streams or waterways B Remove waste materials clearing materials demolition materials unsuitable excavated materials debris and rubbish from the site at least weekly and dispose of at disposal areas famished by Contractor away from the site END OF SECTION General Reqs 22 Horsetooth Road & Ziegler Road Roundabout SECTION 01720 PROJECT RECORD DOCUMENTS 11 GENERAL A Maintain at the site one record copy of 1 Documents and samples called for in General Conditions 6 19 2 Field Test Records 3 Certificates of compliance 12 MAINTENANCE OF DOCUMENTS AND SAMPLES Date January 2008 A File documents and samples in accordance with the specifications section numbers B Maintain documents and samples in a clean dry legible condition and in good order Do not use record documents for construction purposes 13 RECORDING A Label each document 'PROJECT RECORD in neat large printed letters B Record information concurrently with construction progress 1 Do not cover Work until required information is recorded C Marking of Project Records 1 Legible and with a dark pen or pencil 2 Ink shall not be water based or subject to easy smearing D Mark Drawmgs to record actual construction 1 Field dimensions elevations and details 2 Changes made by a Modification 3 Details not on original Drawings 4 Horizontal and vertical locations of underground utilities and appurtenances referenced to a minimum of three permanent surface improvements 5 Depths of various elements in relation to project datum 6 Location of utilities and appurtenances concealed in the construction referenced to visible and accessible features of the structure 14 SUBMISSION A Accompany submittal with transmittal letter in duplicate containing 1 Date 2 Project title and number 3 Contractors names address and telephone number 4 Index containing title and number of each Record Document 5 Signature of Contractor or his authorized representative END OF SECTION General Reqs 23 1 2 3 2 Construction Document Ordering Instructions (Download a complete PlanWell 4 0 Ordering Guide from www planwell com) GO TO www mercury-ldo com SELECT Denver Links Plan Well lam Inl 99 U /1�l PlanWell P weir of a EVVD 1 EVVD s _ SELECT Public ovm= ar .aO^asre,- Planroom GO" O1 of Mercury/LDU Colorado 0 Hn PlanWell Digital Document Management h Dlitribaeon m e pion o m �Wae Naa PntlP 11 mI �— i for atla.g m9 0.ue .1 al IP'a'9�3woN I I NO LOginfMauina � ll�no rmtatlu, o bld r a at ,mdr aasy NW a mem[wryet sga Is ow I AumMzetl Access Oruy SELECT the desired Pro3ect Number" from the list Rev 10/20/07 Section 00020 Page 3 Horsetooth Road and Ziegler Road Roundabout Date January 20D8 Horsetooth Road and Ziegler Road Roundabout The Colorado Division of Highways 'Standard Specifications for Road and Bridge Construction (2005) except as revised herein is hereby adopted as a minimum standard of compliance for this project The City of Fort Collins Stove Drainage Construction Standards City of Fort Collins Water Utilities Standard Construction Specifications Lanmer County Urban Area Street Standards the Fort Collins — Loveland Water District and South Fort Collins Sanitation District Standards and City of Fort Collins Work Area Traffic Control Handbook shall also serve as minimum standards of compliance for this project They are not included in the contract documents but may be obtained at the appropriate City Departments It shall be the Contractor's responsibility to purchase and familiarize themselves with all of the City Department Specifications These project specifications City Department specifications and CDOT standard specifications are considered minimum standards for compliance on this project In those instances where the CDOT Standard Specifications conflict with the City specifications listed above the City specifications shall govern In those instances where the CDOT Standard Specifications conflict with any of the provisions of the preceding Sections 00001 through 01750 General Requirements the preceding sections shall govern PROJECT CONSTRUCTION SPECIFICATIONS INDEX OF REVISIONS SECTION PAGE 201 CLEARING AND GRUBBING Technical Specs 3 202 REMOVALS Technical Specs 4 5 203 EXCAVATION AND EMBANKMENT Technical Specs 6-8 208 EROSION CONTROL Technical Specs 9 210 RESET STRUCTURES Technical Specs 10 12 304 AGGREGATE BASE COURSE Technical Specs 13 306 RECONDITIONING Technical Specs 14 401 PLANT MIX PAVEMENTS GENERAL Technical Specs 15 20 403 HOT BITUMINOUS PAVEMENT Technical Specs 21 24 412 PORTLAND CEMENT CONCRETE PAVEMENT Technical Specs 25 26 506 RIPRAP Technical Specs 27 28 603 CULVERTS AND SEWERS Technical Specs 29 604 MANHOLES INLETS AND METER VAULTS Technical Specs 30 607 FENCES Technical Specs 31 608 SIDEWALKS AND DECORATIVE CROSSWALKS Technical Specs 32 33 609 CURB AND GUTTER Technical Specs 34 Technical Specs 1 Horsetooth Road and Ziegler Road Roundabout Date January 2008 610 MEDIAN COVER Technical Specs 35 619 WATER LINES Technical Specs 36 630 TRAFFIC CONTROL DEVICES (Contractor Supphed) Technical Specs 37-40 Technical Specs 2 Horsetooth Road and Ziegler Road Roundabout REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows Subsection 20101 is revised to include the following Date January 2008 This work shall consist of clearing grubbing removing and disposing of vegetation and debris within the limits of the right of way easement areas borrow pits and other areas shown in the Contract or required by the work Vegetation and objects designated to remain shall be preserved free from injury or defacement The Owner will designate all trees shrubs plants and other objects to remain Every object that is designated to remain and is damaged shall be repaired or replaced as directed at the Contractors expense Clearing and grubbing shall extend to the toe of the fill or the top of cut slopes unless otherwise designated and shall include all trees 8 inches in diameter and smaller All surface objects trees stumps roots fencing and other protruding obstructions not designated to remain shall be cleared and grubbed including mowing as required Undisturbed stumps roots and nonperishable solid objects located 2 feet or more below subgrade or embankment slope may remain in place In areas to be rounded at the tops of back slopes stumps shall be removed to at least 2 feet below the surface of the final slope All cleared material or debris shall be disposed of outside of the project limits Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 201 01 Clearing and Grubbing — (LS) The above prices and payments shall include full compensation for famishing all labor materials tools equipment and incidentals and for doing all work involved in the clearing and grubbing as specified in these specifications and as directed by the Engineer END OF SECTION REVISION OF SECTION 202 REMOVALS Technical Specs - 3 Honetooth Road and Ziegler Road Roundabout Date January 2008 Section 202 of the Standard Specifications is hereby revised for this project as follows Subsection 202 01 is revised to include the following The Contractor shall remove and dispose of all concrete sidewalk curb and gutter crosspans driveways mlets irrigation structures pipe structures asphalt fence trees retammg walls and any other obstructions that are designated for removal by the Engineer All such removals will be measured in the field and quantities agreed to by the Contractor and the Engineer Subsection 202 02 is revised to include the followm Remove Pipe (RCP, CMP, PVC) The Contractor shall remove all (clay tile concrete PVC ductile corrugated metal steel) pipes according to the construction drawings or as directed by the Engineer All trenches will be backfilled to City of Fort Collins specifications to 95% compaction All areas must be graded according to Engineers direction and all pipe removed is to be the property of the Contractor Remove Concrete Curb & Gutter — The Contractor shall remove and dispose of all existing concrete curb & gutter that is designated for removal in the Drawings Remove Concrete Sidewalk — The Contractor shall remove and dispose of all existing concrete sidewalk that is designated for removal in the Drawings Remove Asphalt Pavement (Full Depth — 4" - 8") — The Contractor shall remove and dispose of existing asphalt Pavement to subgrade in the areas indicated in the Drawings Once the pavement is removed the Contractor shall compact the existing subgrade to 95% compaction based on a modified proctor moisture density curve Remove Type R Inlet — The Contractor shall remove and dispose of existing Type R Inlets that are designated for removal in the drawings Where pipes entering and exiting the Type R Inlet are to remain in place after the inlet is removed the existing pipe(s) shall be sawcut outside of the inlet so that minimal damage occurs to the existing pipe during removal of the inlet Remove Wire Fence —The Contractor shall remove and dispose of all existing barbed wire fence in the locations shown on the drawings All posts shall be removed and the holes shall be filled to the elevation of the surrounding terrain Remove Asphalt Drive — The Contractor shall remove and dispose of existing asphalt drives within the hunts shown in the Drawings Once the asphalt material has been removed the Contractor shall compact the existing subgrade to 95% compaction based on a modified proctor moisture density curve Remove Gravel Drive — The Contractor shall remove and dispose of existing gravel drives within the limits shown in the Drawings Once the gravel has been removed the Contractor shall compact the existing subgrade to 95% compaction based on a modified proctor moisture density curve Subsection 202 12 is revised to include the following The Contractor and the Engineer shall field measure and agree upon the quantity to be removed before the work commences Should the Contractor fail to request the Engineer to measure any work the Contractor shall not be compensated for materials that were not measured by the Engineer Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 202 01 Remove Curb and Gutter — (I,F) 202 02 Remove Concrete Sidewalk — (SF) 202 03 Remove Asphalt — Full Depth (4 — 8 ) — (SY) Techmca► Specs 4 Horsetooth Road and Ziegler Road Roundabout Date January 2008 202 04 Remove Type R Inlet — (EA) 202 05 Remove Wire Fence — (LF) 202 06 Remove Pipe — (LF) 202 07 Remove Asphalt Drive — (SY) 202 08 Remove Gravel Drive —(SY) The above prices and payments shall include full compensation for furinshmg all labor materials tools equipment and incidentals and for doing all work involved in removals and rotomillmg including excavation backfill haul and disposal as specified in these specifications and as directed by the Engineer All saw cutting involved in removing the necessary items in order to complete the Work shall be considered mcidental to the Work and will not be paid for separately END OF SECTION Technical Specs 5 Horsetooth Road and kegler Road Roundabout Date January 2008 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised as follows Subsection 203 01 is revised to include the following Unclassified Excavation This shall consist of excavation of all materials on the site to final grades excluding the bid items listed in Section 202 Excavation of unsuitable material will only be paid for if it is found to be unsuitable in its ongmal state This item shall be measured from the plans and cross sections and will be paid for by the cubic yard This item shall be paid according to plan quantity Embankment (Complete in Place) All excavated material except the material being hauled and disposed shall be placed as embankment and compacted to final grades as specified in Section 203 07 The use of scrapers will not be permitted to compact the material A disk with 4 wheel drive tractor 815 CAT or equal will be required to do this work The embankment quantity was not adjusted to allow for shrinkage during compaction This item will be measured from the plans and cross sections and will be paid for by the cubic yard This item will be paid according to plan quantity Haul and Dispose of Excess Material — This item shall consist of hauling offsite and disposing of any excess material generated during excavation for the roadway and roundabout construction Excess material generated phases ofthe Work other than roadway and roundabout construction such as utility installation shall be disposed of as part of the item of work and shall not be considered as payment under this item This item will be paid according to plan quantity Muck Excavation (Complete in Place) This shall include excavation of unsuitable material supplying and placing Class 1 or 2 Structural Backfill Pit Run or an approved fill recompacting material to finish grade and haul and disposal of unsuitable material Muck excavation of material from ram or weather damage will not be paid for and is entirely the Contractors responsibility This item shall be measured in the field and will be paid for by the cubic yard The proposed material shall meet the following mmimum requirements LL Maximum 30 PI Maximum 6 R Value Minimum 78 The minimum strength coefficient of the Aggregate Base Coarse shall be 0 11 After specified compaction has been obtained, the sub grade under the curb, gutter, sidewalk, and pavement shall be proof rolled with a heavily loaded rubber tired roller, fully loaded water truck, or approved equal Those areas which produce a rut depth of over one half (1/2) inch or which crack the sub grade after pumping and rebounding shall be ripped scarified wetted or dried if necessary and re compacted to the requirements for density and moisture at the Contractor s expense Where unsuitable material is encountered the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade with approved material The completed sub grade shall be proof rolled again after placement of approved material This will be paid for at the contract unit price for Muck Excavation The Contractor shall refer to the plans for re grading information This work shall include all excavation embankment and grading required to prepare these sites for landscaping Splashblock/Hardscape Shaping (Complete in Place) — The areas in the medians beneath the exposed aggregate concrete shall be backfilled with suitable onsite material approved by the Engineer These areas shall be backfilled in lifts not to exceed six inches (6 ) and compacted with a plate compactor or as directed by the Engineer This item will not be paid for as Embankment This item will be measured in the field and will be paid for by the square foot Flowable Fill Over Utilities — shall be a Portland Cement Concrete Mix The cement shall conform to the Standard Specifications for Portland Cement ASTM C 150 85 Type I/II The minimum 24 hour strength shall be 10 psi and the Technical Specs 6 Horsetooth Road and Ziegler Road Roundabout Date January 2008 maximum 28 day strength 60 psi The maximum aggregate size shall be one inch (1 ) The minimum slump shall be six inches (6 ) and the maximum eight inches (8 ) The non shrink backfill shall be consolidated with a mechanical vibrator Payment of using flow fill will be paid for by the cubic yard This item will only be paid for when used as directed by the Engineer Potholing — The Contractor shall be responsible for locating electrical gas fiber optic cable telephone traffic signal conduit and other existing utility Imes and shall be performed every 100 lineal feet or as deemed necessary by the Contractor All related work including excavation backfillmg shoring labor and number of hours will not be measured and paid for separately but shall be included in the work Repair of damaged existing utility lines caused by the Contractor will be at the Contractor s expense Potholing will be paid as a lump sum item These items will not be paid separately under items in section 202 210 603 or 604 Embankment and sub grade material shall be compacted to 95% of maximum density at +/ 2% optimum moisture Maximum density shall be determined by ASTM D 698 This will apply under the roadway curb and gutter sidewalk, and driveways Topsoil shall be compacted to 85% of maximum density at/or near optimum moisture Excavation and Embankment will only be paid when a significant change in grade is required as determined by the Engineer Minor cuts and fills shall be considered incidental to the work, and shall not be paid separately under this section Subsection 203 04 is revised to include the following The excavations and embankments shall be finished to smooth and uniform surfaces conforming to the typical sections specified Variation from the sub grade plan elevations specified shall not be more than 0 08 feet Subsection 203 13 is revised to include the following Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 203 01 Unclassified Excavation — (CY) 203 02 Embankment — (CY) 203 03 Haul and Dispose of Excess Material — (CY) 203 04 Muck Excavation — (CY) 203 05 6 Screened Imported Topsoil in Parkway Areas — (CY) 203 06 Roundabout Center Island Fill — 60/40 Mix — (CY) 20307 Splashblock/Hardscape Shaping — (SF) 203 08 Flowable Fill Over Utilities — (CY) 203 09 Potholing — (EA) The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in Unclassified Excavation Embankment Haul & Dispose Topsoil (stripping stockpiling placing) Muck Excavation Borrow ABC and Median Hardscape Shaping including without limitation haul stockpiling placing of material watering or drying soil compaction proof rolling finish gradmg and disposal of unusable materials as shown on the plans and as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs 7 Horsetooth Road and Ziegler Road Roundabout REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows Subsection 208 05 is revised to include the following Date January 2008 All Erosion Control Devices Materials and Techniques required to prevent damage to the storm water facilities as outlined in the City of Fort Collins Standards will be considered incidental to the work and shall be included in the price No measurement for payment shall be made for maintenance of Erosion Control devices This item will be paid for as a lump sum price to the Contractor This item shall include procurement of all necessary stormwater discharge pemuts maintenance of erosion control devices proper documentation for the Stormwater Management Plan as required by CDPHE and all other applicable agencies Subsection 208 07 is revised to include the following The accepted quantities will be paid for at the contract unit price Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 208 01 Erosion Control — (LS) The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in installing and maintaining erosion control complete in place as specified in these specifications and as directed by the Engineer END OF SECTION REVISION OF SECTION 210 Technical Specs 8 Horsetooth Road and Ziegler Road Roundabout RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised as follows Subsection 210 10 is revised to include the following Date January 2008 Work contained in this Subsection shall meet the requirements of the current City of Fort Collins and Fort Collins - Loveland Water District Utilities Standard Construction Specifications or other applicable water utility agency standard construction specifications Copies of the specifications can be obtained at The Fort Collins Loveland Water Distinct at 5150 Snead Dr Fort Collins Colorado The Contractor shall cooperate and coordinate with the City Water Utilities Department Fort Collins Loveland Water District, or other applicable water utility when shutting off water to minimize downtime to customers The Contractor shall also coordinate work involving the relocation of fire hydrants water meters curb stops and water valves and lowering water and sewer service lines and water lines The Contractor shall supply all materials required to complete the work that is not supplied by the City or other applicable water utility and these materials shall be included in the costs of each item This shall include but not be limited to new copper line and fittings new stop boxes meter pits excavation backfill and compaction New copper fittings stop boxes and meter pits will be required at each location All structures located in bituminous pavements to be surfaced shall be adjusted prior to or during paving operations All structures located within a concrete pavement shall be adjusted prior to pouring the concrete pavement section The Contractor shall perform all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work The adjustments shall be made as noted below All structures shall be adjusted to be '/, (+/ ) ys below the pavement surface The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes, valve boxes, or other structures during the construction process In the event that a structure was not properly adjusted (i a too high or too low) or the structure was covered and not adjusted after the paving operation written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within 5 working days In the event that the structure is not adjusted within said time frame the Engineer shall have the right to engage a third party to complete the work and to withhold the cost of such work from payments due the Contractor If a structure is adjusted prior to an overlay operation the Contractor shall place bituminous base material around the structure as directed by the Engineer to insure that it will not be a hazard to vehicular traffic This will be paid for under the bid item for Asphalt Patching Adjust Manhole Ring/Cover — Manholes located within existing asphalt pavement shall be adjusted by removing an area of pavement with a minimum diameter one foot (1 ) larger than the structure (centered on the structure) This shall be done by cutting vertical edges adjusting the manhole by grouting concrete rings and/or utilizing metal shims to raise the structure to the proper grade then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement NOTE All manholes shall be raised through the top hft When the manhole adjustment is complete the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions Any manhole cover which is unstable or noisy under traffic shall be replaced This item will be paid under Adjust Manhole Ring/Cover — (EA) Modify Manhole Manholes located within existing asphalt pavement or sub grade shall be adjusted by removing an area of pavement or sub grade with a minimum diameter two foot (2 ) larger than the structure (centered on the structure) All OSHA shoring is the responsibility of the Contractor This shall be done by cutting vertical edges in the Technical Specs 9 Horsetooth Road and Ziegler Road Roundabout Date January 2008 pavement of required and excavating below the ground surface to the required barrel seam needed to start the adjustment The cone section shall be removed and additional sections added or removed to obtain the plan finished elevation All manhole sections shall be cleaned and an approved gasket material applied prior to reassembly This work shall be done in accordance with the City of Fort Collins Standard Construction Specification and/or the South Fort Collins Sanitation District Specifications for Sewer Mains The excavation shall be backfilled with on site material and shall be mechanically compacted or Flowable Fill used if directed by the Engineer This item will be paid under Modify Manhole — (EA) Flowable Fill will be paid under Section 608 Adjust Valve Box— Valve boxes located within asphalt pavement shall be adjusted by removing the existing pavement around the valve box adjusting the valve by turning it to the proper grade trmmung the existing asphalt by cutting vertical edges then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement If a valve box cannot be turned up or can be turned up but not sufficiently to achieve the proper grade or if the top section of the valve box is in poor condition the Contractor shall excavate around the top section of the valve box and remove and replace the top section with a longer section supplied by the Contractor The excavation shall then be back filled with Non Shrink flowfill to the top of sub grade and then material of the same grade and quality as the adjacent pavement shall be placed The Contractor shall exercise reasonable care while attempting to adjust the valve boxes If in the opinion of the Engineer the Contractor is negligent and breaks the valve box the valve box shall be replaced at the Contractor s expense This item will be paid under Adjust Valve Box — (EA) Relocate Fire Hydrant — The Contractor shall be responsible for remove and relocating the existing fire hydrant at the location shown on the Drawings This item shall include any pipe couplings thrust blocking joint restraints labor and other materials and appurtenances necessary to relocate the fire hydrant to the location shown on the Drawings Relocate Meter Pit — The Contractor shall be responsible for removing and relocating existing meter pits where shown in the Drawings This item shall include removal of the existing meter pit resetting of the meter pit extension of the copper service line when necessary any necessary couplings all excavation and any other materials labor or other appurtenances necessary to relocate the meter pit as shown in the Drawings Remove and Reset Mailbox — The Contractor shall be responsible for removing and resetting existing mail boxes at the locations shown in the Drawings This item shall include all necessary excavation labor and materials necessary to remove and reset existing mail boxes at the locations shown in the Drawings This item shall also include filling of holes from where the existing marl boxes were removed Remove and Reset Split Rail Fence — The Contractor shall be responsible for removing and resetting existing split rail fence at the locations shown in the Drawings This item shall include all necessary excavation labor and materials necessary to remove and reset the existing split rail fence at the locations shown on the Drawings This item shall also include filling of holes from where the existing fence posts were removed Remove& Replace Brick Fence Corner Post — The Contractor shall be responsible for removing and replacing existing brick comer fence posts at the location shown in the Drawings This item shall include all necessary labor materials excavation and other items necessary to remove and replace existing brick comer fence posts at the locations shown in the Drawings Subsection 210 13 is revised to include the following Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 21001 Adjust Manhole Rmg/Cover— (EA) 210 02 Modify Manhole — (EA) Technical Specs 10 5 CLICK Most Current Set" to View the list of documents available for the project Order items by clicking the cart mun Stxt Order to, 11 1 7 m emst[ urrent set $� �93issue set Sy I �RensiOn 1 �J LOQl Revson2 p Path GNlostCrr nt Set As fl t1200Q5 1444DOMountain ®91 S7 Issue Set 7/29/2002 Architectural 24X36 LBW ®a2 So Issue Set 7/29/2002 Architectural 24X36 LBW ®o,,A3 W Revision 2/10/ 004 Archit aural 24X36 LBW a 4 V1 Issue Set 7/29/2002 Architectural 24X36 LBW ®A 5 W Revision 1 11/12/2003 Architectural 24X36 LBW 6 CLICK Sheet No to view) 7 CLICK to add a specific document to your Shopp 8 CLICK Start My Order to place the order for printing 9 REGISTER -or- LOGIN 10 SELECT Process -Media, Output Size and Binding options 11 ENTER Job Number and PO information then click Next 12 REVIEW Recipient information 13 ENTER Quantities 14 CLICK the down arrow to populate order 15 SELECT Delivery options and Due time 16 ENTER Your phone number in the special instructions box 17 CLICK Next 18 REVIEW order 19 CLICK SUBMIT Planwell contact 970-691-2201 ng Cart Rev 10/20/07 Section 00020 Page 4 Horsetooth Road and Ziegler Road Roundabout Date January 2008 21003 Adjust Valve Box — (EA) 21004 Relocate Fire Hydrant— (EA) 210 05 Relocate Meter Pit — (EA) 21006 Remove and Reset Mailbox — (EA) 21007 Remove and Replace Split Rail Fence — (LF) 210 08 Remove & Replace Brick Fence Corner Post — (EA) The above pries and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the Work involved in adjusting structures complete in place including non shrink backfill concrete metal shims bituminous materials haul and disposal excavation bedding material backfill and compaction as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs 11 Honetooth Road and Ziegler Road Roundabout REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is revised as follows Date January 2008 Subsection 304 01 is revised to include the following This work shall consist of placing 10 of Aggregate Base Course (Class 5 or 6) over previously prepared pavement sub grade approved by the Engineer Aggregate Base Course will be used under the asphalt pavement section and shall meet the requirements of Subsection 703 03 The proposed material shall meet the following minimum requirements LL Maximum 30 PI Maximum 6 R Value Minimum 78 The minimum strength coefficient of the Class 5 or 6 Aggregate Base Course shall be 0 11 Subsection 304 06 is revised to include the following Aggregate Base Course shall be compacted to at least 95% of maximum density at or near optimum moisture as determined by ASTM D698 Subsection 304 07 is revised to include the following Aggregate Base Course will be measured by the ton at proper moisture Quantity will be adjusted accordingly if the moisture content is too high Haul and water necessary to bring mixture to optimum moisture will not be measured or paid for separately but shall be included in the price for Aggregate Base Course Load tickets shall be consecutively numbered for each day Sod sterilization shall be applied under all new asphalt Paving and shall be considered incidental to the work Sterilization shall not be Paid for separately under this item Subsection 304 08 is revised to include the following The accepted quantities of Aggregate Base Course will be paid for at the contract unit price per ton Payment will be made under Pay Item and Pay Unit The pay umt is denoted by ( ) 304 01 Aggregate Base Course — (Class 5 or 6) — 6 Depth — (TON) The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in Aggregate Base Course including haul sterilization and water The work will be complete in place as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs 12 Horsetooth Road and Ziegler Road Roundabout Date January 2008 REVISION OF SECTION 306 RECONDITIONING Section 306 of the Standard Specifications is hereby revised for this project as follows Subsection 306 02 is revised to include the following The top 8 of the sub grade including fill areas (curb gutter and sidewalk areas) shall be reconditioned by scarifying and re compacting The sub grade shall be thoroughly mixed and dried or moistened to full depth and compacted as specified in Section 203 07 The reconditioned surface shall not vary above or below the Imes and grades as staked by more than 0 04 foot under asphalt or concrete pavement or 0 08 foot under aggregate base course The surface shall be tested prior to application of any base course or pavement All defective work shall be corrected as directed by the Engineer The surface shall be protected and maintained until base course or pavement has been placed If the Contractor chooses to use road base as a fine grading material or a material to mitigate over excavated or ram damaged areas this shall be entirely the Contractor's cost and shall be considered incidental to the Work The Contractor shall be paid for reconditioning if reconditioning has been attempted and muck excavation in the event that unsuitable material is encountered and removed at the direction of the Engineer It shall be at the Engineer s discretion to determine if the Contractor has made a sufficient effort to control the moisture in the sub grade material and made a reasonable effort to recondition the sub grade Soil sterilization shall be applied under all new asphalt paving and shall be considered incidental to the work Sterilization shall not be paid for separately under this item This item (Recondittonmg) will not be necessary or paid for m flvash stabilized areas Subsection 306 04 is revised to include the following The accepted quantities of Reconditioning will be paid for at the contract unit price per square yard Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 306 01 Sidewalk Preparation — (SY) 306 02 Sidewalk Reconditioning (8 ) (SY) The above prices and payments shall include full compensation for fiuwshing all labor materials tools equipment and incidentals and for doing all work involved in Reconditioning complete in place including compaction wetting or drying and finish grading as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs -13 Hometooth Road and Ziegler Road Roundabout Date January 2008 REVISION OF SECTION 401 & 703 PLANT MIX PAVEMENTS — GENERAL & AGGREGATES Section 401 and 703 of the Standard Specifications is hereby revised as follows Subsection 40102 is hereby revised to include the following Requests made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer A lob mix formula shall be determined by the Contractor and submitted to the Engineer for approval a minimum of one week prior to the beginning of construction for each proposed change The Contractor shall provide the Engineer with an asphalt mix design report from an independent testing laboratory acceptable to the Engineer The report shall state the Mix properties optimum oil content lob mix formula and recommended mixing and placing temperatures The costs for all lob mix formulas shall be the responsibility of the Contractor If the Contractor uses more than three (3) lob mix formulas for a type of plant mix pavement used the City may charge the Contractor for testing and evaluation of the mix designs including the costs for calibration of a Nuclear Asphalt Oven For Superpave Mixes, delete Table 401 2 and replace with the following TABLE 401 2 Grading Test Procedure Minimum Test Sampling Frequency Result All Gradmgs CP L 5109 Method B 80 One per 10 000 metric tons (10 000 tons) or fraction thereof minimum In subsection 40102, delete the second, third, and fourth paragraphs and replace with the following 1 A proposed plant mix pavement mix design prepared in accordance with Colorado Procedure 52(CP52 99) including a proposed lob mix gradation for each mixture required by the Contract which shall be fully within the Master Range Table Tables 703 3A B and C before the tolerances shown in Table 401 1 are applied The weight of lime shall be included in the total weight of the material passing the 75 mm (No 200) sieve The restricted zone boundaries shown for all gradings in Tables 703 3A 703 3B and 703 3C are to be used as guidelines in mix design development However the lob mix gradation is not required to pass above or below the restricted zone boundaries 2 The name of the refinery supplying the asphalt cement and the source of the anti stripping additive 3 A sufficient quantity of each aggregate for the Department to perform the tests specified in section 2 2 1 of CP52 In subsection 40102 delete Table 401 1, including the footnotes, and replace with the following ABLE 401 1Bitumen Content f0 3°10 Asphalt Recycling Agent t0 2°�° emperature of Mixture When Discharged from Mixer t 10°C Hot Bituminous Pavement Item 403 the 9 5 man (3/e2) and larger sieves f6% the the 4 75 min (No 4) and 2 36 min (No 8) sieves f5% the 600 mm (#30) sieve f4% the 75 min (#200) Steve t2% 'When 100% passing is designated there shall be no tolerance When 90 100% passing is designated 90% shall be the minimum no tolerance shall be used Technical Specs 14 Horsetooth Road and Ziegler Road Roundabout Date January 2008 Delete Subsection 40107 and replace with the following Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water snow and ice The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401 3 and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted Table 401 3 Placement Temperature Limitations in °C Compacted Layer Minimum Surface and Air Thickness in Temperature °C (°F) nun (inches) Top Layers Below Layer Top Layer <38 (1'h) 15 (60) 10 (50) 38 (IV2) <75 (3) 10 (50) 5 (40) 75 3) or more 7 (45) 2 (35) Note Air temperature is taken in the shade Surface is defined as the existing base on which the new pavement is to be placed If the temperature falls below the minimum air or surface temperatures paving shall stop The Contractor shall schedule the work so that no planed or recycled surface is left without resurfacing for more than 10 calendar days during the period specified in Table 401 3A below The Contractor shall immediately place a temporary hot bituminous pavement layer on any surface that has been planed or recycled and can not be resurfaced in accordance with the above temperature requirements within 10 calendar days after being planed or recycled The mmunum thickness of the temporary hot bituminous pavement layer shall be 50 mm (2 inches) The Contractor shall perform the quality control required to assure adequate quality of the hot bituminous pavement used in the temporary layer All applicable pavement markings shall be applied to the temporary layer surface The Contractor shall maintain the temporary layer for the entire period that it is open to traffic Distress which affects the ride safety or serviceability of the temporary layer shall be Immediately corrected to the satisfaction of the Engineer The temporary hot bitummous pavement layer shall be removed when work resumes Table No 401 3A Periods Requiring Overlay of Treated Surfaces Location by Elevation Period During Which Planed or Recycled Surfaces Must be Overlaid within Ten Days All areas below and including 2100 in 7000 feet October 1 to March 1 All areas above 2100 in (7000 feet) up to and including2600 in8500 feet) September 5 to April 1 All areas above 2600 in (8500 feet) August 20 to May 15 In Subsection 401 15, delete the third and fourth paragraphs (including table) and replace with the following Technical Specs - 15 Horsetooth Road and Ziegler Road Roundabout Date January 2008 The minimum temperature of the mixture when discharged from the mixer and when delivered for use shall be as shown in the following table Asphalt Grade Minimum Mix Discharge Temperature °C °F)* Minimum Delivered Mix Temperature °C °F)** PG 58 28 135 (275) 113 (235) PG 58 22 138 (280) 113 (235) PG 64 22 143 (290) 113 (235) AC 20 Rubberized 160 (320) 138 (280) PG 76 28 160 (320) 138 (280) PG 70 28 149 (300) 138 (280) PG 64 28 149 (300) 138 (280) PG 58 34 149 (300) 138 (280) The maximum mix discharge temperature shall not exceed the minimum discharge temperature by more than 17°C (30°F) ** Delivered mix temperature shall be measured behind the paver screed Hot mix asphalt mixture shall be produced at the lowest temperature within the specified temperature range that produces a workable mix and provides for uniform coating of aggregates (95% minurtum in accordance with AASHTO T 195) and that allows the required compaction to be achieved Subsection 401 16 is hereby revised to include the following The mixture shall be laid upon an approved surface spread and struck off to provide for drainage to the side(s) of the roadway with a minimum cross slope of two percent (2%) or as directed by the Engineer In subsection 401 17, first paragraph, delete the last two (2) sentence and replace with the following When the mixture contains unmodified asphalt cement (PG 58 28 PG 58 22 or PG 64 22) or modified (PG 58 34) and the surface temperature falls below 85°C (185 OF) no further compaction effort will be permitted unless approved If the mixture contains modified asphalt cement (AC 20R PG 76 28 PG 70 28 or PG 64 28) and the surface temperature falls below 110°C (230 OF) no further compaction effort will be permitted unless approved Subsection 401 17 is hereby revised to include the following All pneumatic tire rubbers shall be equipped with rubber skirts In subsection 703 04 delete Table 703-3 and replace with Tables 703-3A, B, and C as follows Technical Specs - 16 Horsetooth Road and Ziegler Road Roundabout Date January 2008 TABLE 703 3A Master Range Table for Hot Bituminous Pavement (Grading S) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 375inm(1'/2 ) 25 0 nun (1) 100 19 0 min ('/,) 90 100 125min (Y2 ) 95min 08) 4 75 min (#4) 2 36 min (#8) 23 49 346 346 1 18 min (#16) 223 283 600 min (#30) " 167 207 300 min (#50) 137 137 150 inm (#100) 75 min(#200) 2 8 ' These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix TABLE 703-3B Master Range Table for Hot Bituminous Pavement (Grading SX) Sieve Percent by Weight Size Passing Square Mesh Restricted Zone Boundary (Guideline) Sieves Technical Specs 17 Horsetooth Road and Ziegler Road Roundabout Date January 2008 Mimmum Maximum 37 5 mm (1'/2 ) 250min (I ) 190nun ('/,) 100 12 5 min ('/2 ) 90 100 95min (3/s) 4 75 min (#4) 2 36 mm (#8) 28 58 39 1 39 1 1 18 nun (#16) 256 31 6 600 mm (#30) * 19 1 23 1 300 nun (#50) 155 155 150 mm (#100) 75 min (#200) 2 10 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix TABLE 703 3C Master Range Table for Hot Bituminous Pavement (Grading SG) Sieve Percent by Weight Size Passing Square Mesh Restricted Zone Boundary (Guideline) Sieves Technical Specs 18 Horsetooth Road and 7regler Road Roundabout Date January 2008 Mmimum Maximum 375nun (IV2 100 25 0 mm (1) 90 100 190turn ('/, ) 125min ('/z ) 9 5 min (3/s) 4 75 min (#4) * 395 395 2 36 min (#8) 19 45 268 308 1 18 min (#16) 18 1 24 1 600 min (#30) * 136 176 300 min (#50) 114 114 150 min (#100) 75 min (#200) 1 7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix END OF SECTION Techmcal Specs 19 Horsetooth Road and hegler Road Roundabout Date January 2008 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications is hereby revised as follows Subsection 403 01 is revised to include the following Hot Bituminous Pavement — This shall consist of constructing one or more courses of HBP Grading S & SG over existing pavement or subgrade surfaces previously prepared by the contractor or City of Fort Collins Crews Subsection 403 02 is revised to include the following Laboratory Mix Design — Grading S & SG The mix designs shall be prepared by an independent laboratory acceptable to the Engineer and shall be submitted by the Contractor to the Engineer for approval a minimum on one (1) month prior to the beginning of paving for this project The criteria for the mix design is as follows HBP Grading S & SG SEE TABLE 403-1 NEXT PAGE FOR DESIGN CRITERIA A request made in writing by the Contractor for changes in the lob mix formula will be considered by the Engineer The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HBP This plan shall be submitted to the Engineer and approved prior to beginning the paving operations When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume The Contractor will not be allowed to clean the paver hoper during paving operations Reclaimed materials will not be allowed in Hot Bituminous Pavement A maximum of 20% reclaimed material will be allowed for HBP Grading SG The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year shall be completed to the full thickness required by the plans The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement Vertical drop offs will not be allowed at the end ofanv dav's navtne Paper Annis will be required to a taper eaualine 3 nines the amount of drop Pawng jornta shall beat the lane lines or in the center of the lane In no case shall the paving toints be in the wheel path The contractor shall submit a longitudinallornt and pavement marking plan 3 days prior to paving Technical Specs 20 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 re]ect any and all Bids, and to waive any informalities and irregularities therein Bid security in the amount of not less than 5s 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 Jame B O'Neill, II, CPPO, FNIGP Pur asing & Risk Management Director Rev 10/20/07 Section 00020 Page 5 Horsetooth Road and Ziegler Road Roundabout Date January 2008 ASPHALT 2 Grading S 100 (PG 64 28) 2 75" Grading 5-100 (PG 64 22) 2' Grading S 100 (PG 64-22) 5" Grading SG-100 (PG 58 28) 6" Aggregate Base Coarse (Class 5 or 6) The design mix for Grading S and SG shall conform to the following TABLE 403 1 erty Test Method Grading S Grading SG mgSX N/A th s Project oids percent at itial) rN(maximum) CPL 5115 > 11 0 > 11 0 > 11 0 sign) 30 50 30 50 30 50 >20 >20 >20 Compaction (Revolutions) N (initial) (a) CPL 5115 8 8 (a) • (design)(b) 100 100 (b) N (maximum) (a) 174 174 a) Stability minimum (a) for information) CPL 5106 42 42 a ( ) Aggregate Retained on the 4 75 min (No 4) Sieve with at least two Mechanically Induced Fractured CP 45 60 60 60 Faces % minimum Accelerated Moisture Susceptibility Tensile Strength Ratio (Lottman) CPL 5109 9 80 80 80 Method mimmum Minimum Dry Split Tensile CPL 5109 StrengthkPa (psi) Method B 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement Top Layer PG 64 28 PG 58 28 PG 64 28 Grade of Asphalt Cement Layers Below Top PG 64 28 PG 58 28 PG 64 22 innummum Voidsthe aggregate CP 48 140 120 (a) ids Filled with Asphalt (VFA) % (a) AIMS 2 65 75 65 75 (a) (a) Current CDOT Design Criteria (b) Residential 50 Collector 75 Arterial 100 Note AIMS 2 = Asphalt Institute Manual Series 2 Note The current version of CPL 5115 is available from the Region Materials Engineer Note Mixes with gradations having less than 40% passing the 4 75 mm (No 4) sieve shall be approached Technical Specs 21 Horsetooth Road and Ziegler Road Roundabout Date January 2008 with caution because of constructability, problems Subsection 403 03 is revised to include the following Regardless of the delivery temperature the mixture shall not be placed for use on the roadway at a temperature lower than 225 F Emulsified Asphalt for tack coat shall be Grade CSS lh The tack coat shall consist of a 1 1 dilution (one (1) part emulsified asphalt to one (1) part water) The application rate for tack coat shall be approximately 0 1 gallons per square yard The existing pavement shall be broomed and cleaned to be free of dirt water vegetation and other deleterious matter immediately prior to commencing the paving operation Edges of the area to be patched shall be sawcut vertically and perpendicular or parallel to the roadway as directed by the Engineer Tack coat shall be placed against clean vertical edges on all sides of the area to be patched Hot Bituminous Pavement Grading S shall be placed in equal lifts not exceeding three (3) inches The muumum lift thickness for Grading S shall be (1 %2) inch HBP Grading SG shall be placed in equal lifts not exceeding four (4) inches and the minunum lift thickness shall be three (3) inches Overlaying layers of Hot Bituminous Pavement shall not be placed until the lower layer has cooled sufficiently to provide a stable material which will support the equipment without rutting shoving or moving in any manner Tack coat shall be placed between all lifts NOTE Any leveling courses placed shall be Paid for at the contract unit once for Hot Bituminous Pavement Subsection 403 04 shall include the following Hot Bituminous Pavement Grading S and SG will be measured by the ton and paid for at the Contract Unit Price for Asphalt Patching and Hot Bituminous Pavement Pavement cutting excavation subgrade preparation haul and disposal bituminous materials aggregate asphalt cement asphalt recycling agent additives hydrated lime and all other work necessary to complete each hot bituminous pavement item will not be paid for separately but shall be included in the unit price bid Load slips shall be consecutively numbered for each day and shall include batch time Subsection 403 05 is revised to include the following Payment will be made under Pay Item and Pay Unit The pay um[ is denoted by ( ) 403 01 Hot Bituminous Pavement — Grading S — (2 Depth) — (PG 64-28) — (TON) 403 02 Hot Bituminous Pavement — Grading S — (2 75 Depth) — (PG 64-22) — (TON) 403 03 Hot Bituminous Pavement — Grading S — (2 Depth) — (PG 64 22) — (TON) 403 04 Hot Bituminous Pavement — Grading SG — (5 Depth) — (PG 58 28) — (TON) 403 05 HBP — Grading SG — Asphalt Patching — (PG 58 28) — (TON) The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the work involved in Hot Bituminous Pavement and Asphalt Patching including pavement cutting excavation subgrade preparation haul and disposal compaction rolling surface preparation and bituminous Technical Specs 22 Horsetooth Road and Ziegler Road Roundabout Date January 2008 materials complete in place as shown on these plans as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs 23 Hometooth Road and 7regler Road Roundabout Date January 2008 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT Section 412 of the Standard Specifications is hereby revised as follows Subsection 412 03 is revised to include the following Concrete pavement for the main lanes and the truck apron shall conform to Class P concrete as specified in Subsections 601 02 and 60103 Class P concrete shall have a minimum 28 day field compressive strength of 4200 psi The Contractor shall submit a concrete mix design for Class P showing and establishing the proportions of all the ingredients The Contractor shall be responsible for all subsequent adjustments necessary to produce the specified concrete mix The Contractor shall submit a new mix design based on the Class P requirements when a change occurs in the type of cement or sources of fly ash or aggregate The contractor may delete Class F fly ash and also substitute Size 67 aggregate in heu of the larger aggregate blend for the Class "P" concrete only upon the approval of the mix design submitted to the Engineer The Contractor shall also submit a mix design for Class E High Early Concrete This mix shall have a minimum 24 hour field compressive strength of 3000 psi and a mmimum 28 day field compressive strength of 4200 psi This item shall be paid for by the cubic yard of concrete used It shall include supplying placing curing and texturing the high early concrete Payment for the cost of using high early concrete will be paid for by the cubic yard for the incremental increase in cost and will be paid only when the Engineer requires use of high early concrete No concrete shall be placed until the applicable mix design and maturity relationship has been submitted reviewed and approved by the Engineer Review and approval of the mix designs by the Engineer wall not constitute acceptance of the concrete Acceptance shall be based solely on the work conforming to the specifications and on satisfactory test results of the concrete placed on this project Subsection 412 12 is revised to include the following Immediately following the burlap drag finish the surface shall be given an astroturf drag finish Materials used for final finish shall be of such texture and weight to produce a uniform texture similar to a broom type finish Drags shall be full width of the new pavement and maintained in acceptable condition as specified for astroturf drag finish Subsection 412 13 is revised to include the following The Contractor shall saw joints early enough to control or limit random cracking but not too early as to create chipping along the sawed joint Saw cutting will not be allowed between the hours of 9 00 p in and 6 00 a in unless approved by the Engineer Saw cutting joints shall be included in this work and will not be paid for 11 LL1 wuuacwi ptupuscs variauuns nom L LJu i tvt standards it is requested that the Contractor shall oreoare a avement oint and doweling layout for approval by the Engineer Subsection 412 17 is revised to include the following The concrete pavement smoothness shall meet the requirements of Category 4 Class I as shown in Table 412 1 for the Profilograph test Subsection 412 18 is revised to include the following Technical Specs 24 Honetooth Road and Ziegler Road Roundabout Date January 2008 Silicone joint sealant material Concrete joints shall be sealed with an approved silicone joint sealant material A copy of the manufacturer s recommendations pertaining to the application of the sealant shall be submitted to the Engineer for approval prior to the beginning of work and these recommendations shall be adhered to by the Contractor with such exceptions as this specification may require The sealant material shall be applied into the joint using equipment and techniques recommended by the joint sealant manufacturer The Engineer may elect to check for bonding or adherence to the sides of the joint If the sealant does not bond to the joint the Contractor shall remove the joint sealant material and clean and reseal these joints in accordance with the criteria outlined Backer rod Shall be a round heat resistant material meeting the requirements set forth by the joint sealant manufacturer The Contractor shall submit the proposed matenal to the Engineer for review and approval prior to use The backer rod shall be placed in such a manner that the grade for the proper depth of the sealant material is maintained The depth of the sealant shall be a maximum of/< inch The Contractor shall thoroughly clean the joint and adjacent pavement surface for a width of not less than one inch (1 ) on each side of the joint of all scale dirt dust residue or any foreign material that will prevent bonding of the loin[ sealant This operation is to be accomplished by immediately flushing the joints with water after sawing The joints shall be sandblasted after they have dned lust prior to sealing After sandblasting the joint shall be cleaned using compressed air with a minimum pressure of 100 psi The sandblasting and air cleaning shall be performed on the same day as the backer rod placement and joint sealant application Sealant shall not commence for a minimum of 24 hours after sawing or a weather event without approval of the Engineer Enhanced Concrete Crosswalk —10" — Tile Red w/Stamped Border — Concrete crosswalks shall be Class P concrete as specified in Section 412 of these specifications The concrete shall be integrally colored with the required lbs of Davis Color per sack of cement The Contractor shall submit a new mix design based on the Class P requirements when a change occurs in the type of cement flyash or aggregate size The Color of the crosswalks will be Davis Color Tile Red The texture will be Brickform Texture Mats FM 3500 Cal Weave 24 x24 The surface of the concrete crosswalk shall be sealed and protected from drying by applying Davis W 1000 Clear Cure and Seal or approved equal The unit price bid per square yard of concrete crosswalk shall include the entire Contractors costs The price bid shall include saw cutting furnishing and installing dowel bars and keyways as required supplying forming placing finishing and edging the concrete surface curing/sealing materials joint matenals/sealers texturing equipment as determined and all other related and necessary materials work and equipment required to construct the concrete crosswalks in accordance with the Specifications Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 412 01 Concrete Pavement — 8 5 — (SY) 412 02 Concrete Truck Apron — 8 5 — Tile Red — (SY) 412 03 Enhanced Concrete Crosswalk— 8 5 —Tile Red w/Stamped Border—(SY) The above prices and payment shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the work involved in placing concrete pavement complete in place including haul concrete materials finishing the surface saw cutting the joints curing placing dowels and sealing joints as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs 25 Horsetooth Road and Ziegler Road Roundabout Date January 2008 REVISION OF SECTION 506 RIPRAP Section 506 of the Standard Specifications is hereby revised as follows Subsection 506 01 is revised to include the following This work consists of the construction of nprap sections with nprap Type II bedding and covered with topsoil in accordance with these specifications and in conformity with the Imes and grades shown on the plans or established grades Subsection 506 02 is revised to include the following Color of buried nprap shall be approved by the Engineer Exposed nprap shall be gray to blue gray in color or as approved by the Engineer Rock used for nprap shall be hard durable angular in shape and free from cracks over burden shale and organic matter Thin slab type stones rounded stones and flalong rock shall not be used Removed concrete shall not be used for riprap without specific written approval by the Engineer Service records of the proposed material will be considered by the Engineer in determining the acceptability of the rock Neither breadth nor thickness of a single stone shall be less than one third (1/3) its length Bedding material shall conform to the specification for Type II Filter material as per the City of Fort Collins Storm Drainage Design Criteria and Construction Standards (Table 12 3) or CDOT Class A filter material (Section 703 09) Subsection 506 03 is revised to include the following Wherever possible, the excavation for the riprap sections shall be undisturbed material, or where this is not possible, the underlying materials shall be compacted to 95% of maximum density as determined by ASTM D 698 The bottom of the excavation shall have a uniform slope, be reasonably smooth, free from mounds and windrows and free of debris prior to placing the filter material Bedding material shall be placed on top of the sub grade material prior to nprap installation at all locations of nprap sections shown on the plans The layer shall be shaped to provide the minimum thickness of bedding material as shown on the details of the plans Riprap material shall be placed immediately after the bedding material is placed and in a manner to provide a well graded mass of stone with minimum voids Riprap maybe machine placed with sufficient handwork to minimize disturbance of the bedding material layer This material shall be placed to the required thickness and grade shown on the details of the plans Topsoil material shall be used to backfill and bury the entire nprap bed area and compacted to insure thorough settling of the topsoil within the rock voids The top three inches (3 ) of the topsoil shall be loosely placed This material shall be placed to the required thickness as shown on the details of the plans The contractor shall utilize, when appropriate, existing topsoil on site Subsection 506 04 is revised to include the following Riprap sections specified in the plans will be paid for at the contract unit price per EA The unit price bid shall include all costs associated with installation of the bedding material nprap and topsoil including excavating for the placement of these materials all materials delivery stockpiling and handling of the nprap Subsection 506 05 is revised to include the following Technical Specs 26 Honetooth Road and Ziegler Road Roundabout Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 506 01 15 x6 x18 Type L Boned Rip Rap w/ Bedding and 6 Topsoil — (EA) 50602 10 x6 x18 Type L Buned Rip Rap w/ Beddmg and 6 Topsoil — (EA) 50603 5 x5 xl8 Type L Buned Rip Rap w/ Beddmg and 6 Topsoil — (EA) 506 04 Cobble in Tree Wells incl Weed Barrier Underlayment — (TON) Date January 2008 The above prices and payment shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the work involved in excavating placing nprap bedding and topsoil complete in place including haul and stockpile of materials handling of the nprap and finish grading of the surface as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs - 27 Horsetooth Road and Ziegler Road Roundabout Date January 2008 REVISION OF SECTION 508 TIMBER TREE WELLS Section 508 of the Standard Specifications is hereby revised as follows Subsection 508 01 is revised to include the following This work consists of the construction of timber tree wells around existing ash trees along the east side of Ziegler Road north of Charlie Lane These tree wells shall be constructed to the heights and depths at the locations shown on the plans Subsection 508 10 is revised to include the following Method of measurement shall be by the square foot face of tree well constructed Quantities shall be measured in the field prior to payment being made Subsection 508 11 is revised to include the following The accepted quantities measured as described in subsection 508 10 listed above shall be paid for at the contract unit price bid for each of the pay items listed below 508 01 Timber Tree Well (SF) The above prices and payment shall include full compensation for furmslung all labor materials tools equipment and incidentals and for doing all the work involved in excavating for the foundation placing the timber tree wells any necessary backfill all cleanup complete and constructed to the elevations and as specified in these specifications END OF SECTION Technical Specs 28 Horsetooth Road and Ziegler Road Roundabout Date January 2008 REVISION OF SECTION 603 CULVERTS AND SEWERS Section 603 of the Standard Specifications is hereby revised as follows Subsection 603 01 is revised to include the following This work shall consist of the installation of reinforced concrete pipe pipe encasement pipe connections and joint encasement in accordance with the plans specifications and the City of Fort Collins Storm Drainage Design Criteria and Construction Standards It shall be the Contractors responsibility to purchase and familiarize themselves with these specifications The Contractor shall include in the Work all the necessary items to complete the Work including but not limited to excavation bedding backfill and compaction The accepted quantities will be paid for at the contract unit price Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 603 01 15 RCP Class III — (LF) 603 02 18 RCP Class III — (LF) 603 03 15 RCP FES Class III — (EA) 603 04 18 RCP FES Class III — (EA) 603 05 4 Median Underdram Pipe — (Perforated) (LF) 603 06 4 Median Underdram Clean out — (EA) 603 07 4 Median Underdrain Connection to Existing Storm Sewer— (EA) The above prices and payments shall include full compensation for famishing all labor materials tools equipment and incidentals and for doing all Work involved in installing pipe and encasing joints complete in place as shown on the plans as specified in these specifications and as directed by the Engineer Concrete and/or Asphalt patching will be paid for separately under the appropriate item Where anew storm sewer joins an existing sewer that is to remain a concrete collar to join the new pipe to the existing pipe shall be included in the installed cost END OF SECTION Technical Specs 29 Horsetooth Road and 7regier Road Roundabout Date January 2008 REVISION OF SECTION 604 MANHOLES, INLETS, AND METER VAULTS Section 604 of the Standard Specifications is hereby revised as follows Fort Collins Loveland Water District Specifications can be obtained at 5150 Snead Drive Fort Collins Colorado A mandatory pre construction will be required before the contractor starts any work on the district system Subsection 604 01 is revised to include the following This work shall consist of the construction of manholes CDOT Type R inlets type 13 combination inlets and providing and maintaining erosion control in accordance with the plans specifications and the City of Fort Collins Storm Drainage Design Criteria and Construction Standards It shall be the Contractors responsibility to purchase and familiarize themselves with these specifications The Contractor shall include the cost of excavation backfill compaction and installation and maintenance of erosion control into each item listed in this section The Contractor shall clean all sediment caught in the storm sewer system due to this project The frequency of the cleaning shall be at the direction of the Engineer The Contractor will not be allowed to flush the pipes with water All erosion control devices materials and techniques required to prevent damage to the storm water facilities as outlined in the City of Fort Collins Standards will be considered incidental to the work and shall be included in the price No measurement for payment shall be made for maintenance of Erosion Control devices Subsection 604 02 is revised to include the following Proportioning shall conform to the requirements for Class B concrete as described in Section 601 Subsection 604 08 is revised to include the following The accepted quantities will be paid for at the contract unit price Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 604 01 Double Type 13 Inlet — (EA) The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in constructing inlets constructing manholes and installing and maintaining erosion control complete in place as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs 30 SECTION 00100 INSTRUCTIONS TO BIDDERS Honetooth Road and Ziegler Road Roundabout REVISION OF SECTION 607 FENCES Date January 2008 Section 607 of the Standard Specifications is hereby revised as follows Subsection 607 01 is revised to include the following Smooth Wire Fence (4 Strand Wire T Post) — Follow Section 710 from Colorado Highway Specifications for installation of new fence This item consists of installing new fence and will be paid for by the linear foot Any existing fence that is removed is paid for under Remove Fence (Various Types) Subsection 607 04 is revised to include the following The accepted quantities will be paid for at the contract unit price Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 607 01 4 Wire Smooth Wire Fence — (LF) The above prices and payments shall include full compensation for famishing all labor materials tools equipment and incidentals and for doing all work listed above complete in place as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs 31 Horsetooth Road and Ziegler Road Roundabout Date January 2008 REVISION OF SECTION 608 SIDEWALKS AND DECORATIVE CROSSWALKS Section 608 of the Standard Specifications is hereby revised for this project as follows Subsection 608 01 is revised to include the following This work shall consist of the construction of concrete sidewalks (6 ) pedestrian access ramps exposed aggregate median splashblock driveways crosspans and drive approaches in accordance with the plans and specifications Required saw cutting will be incidental to the work and will not be measured or paid for separately The use of aggregate base material for fine grading or over excavated areas will not be paid for separately Subsection 608 02 is revised to include the following Proportioning shall conform to the requirements for Class D concrete as described in Section 601 The Contractor shall also submit a mix design for high Early Concrete This mix shall have a minimum 24 hour compressive strength of 3000 psi and a mimmum 28 day compressive strength of 3500 psi It shall include supplying placing curing and texturing the high early concrete The price shall apply to all Sections including Section 412 608 and 610 Payment for extra cost of using high early concrete will be paid for by the cubic yard for the incremental increase in costs and will be paid only when the Engineer requires use of high early Subsection 608 04 is revised to include the following Truncated Dome Panels Pedestrian Access Warning Cast Iron Plates — East Jordan Iron Works Model 7005 71 Detectable warnings on new curb ramps shall be truncated domes of the dimensions shown in the plans Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes and when installed shall be capable of producing the pattern of domes as shown in the plans Pavers shall meet the requirements of ASTM C 902 or ASTM C 936 It is the Contractors responsibility to adequately protect their work from damage by weather (including cold heat ram wind) vandalism or other causes until such time as it is accepted by the City If traffic control devices are used to protect the work they will not be paid for separately but shall be included in the work Subsection 608 05 is revised to include the following All items included in this section shall be measured by the square foot Access ramp area shall be measured from back of walk to point of curb return to point of curb return Subsection 608 06 is revised to include the following The accepted quantities will be paid for at the contract unit price Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 608 01 Concrete Sidewalk 6 — (SF) 608 02 Concrete Access Ramp w/ Truncated Domes — (SF) 608 03 Pedestrian Refuge Island Ramp w/ Truncated Domes — (SF) 608 04 Concrete Driveway Approach w/ Aprons 6 — (SF) The above prices and payments shall include full compensation for fumishmg all labor materials tools equipment Techmcal Specs - 32 Horsetooth Road and Ziegler Road Roundabout Date January 2008 and incidentals and for doing all work involved in constructing concrete sidewalks miscellaneous flatwork, access ramps drive approaches and driveways complete in place including haul concrete materials finishing the surface saw cutting joints curing placing dowels and sealing joints as shown on the plans protection from staining existing concrete from washing the exposed aggregate cutting the plastic used to separate the different colors as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs - 33 Horsetooth Road and 7regler Road Roundabout Date January 2008 REVISION OF SECTION 609 CURB AND GUTTER Section 609 of the Standard Specifications is hereby revised as follows Subsection 609 01 is revised to include the following This work shall consist of the construction of cast in place vertical 6 inflow curb and gutter 6 outfall curb and gutter (1 It pan) and 4 mountable curb and gutter (1 ft pan) in accordance with the details and these specifications The unit price bid per linear foot of curb and gutter no sidewalk includes construction of new curb and gutter sections complete and in place measured along the flow line Removal of curb and gutter is not included in this section but will be measured and paid separately as described in Section 202 It is the Contractor's resnonsibdity accented by the City If traffic control devices are used to protect the work they shall not be paid for separately but shall be included in the work Subsection 609 02 is revised to include the following Proportioning shall conform to the requirements for Class D concrete as described in Section 601 Subsection 609 07 is revised to include the following The accepted quantity of curb and gutter will be paid for at the contract unit price per linear foot Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 609 01 Vertical Curb & Gutter 30 (LF) 609 02 Vertical Curb & Gutter— 18 Outfall & Infall (LF) 609 03 4 Mountable Curb w/ 1 Gutter— (LF) The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in constructing vertical curb and gutter variable height curb and gutter concrete median curb complete in place including haul concrete materials finishing the surface saw cutting joints curing placing dowels and sealing joints as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs 34 Horsetooth Road and Ziegler Road Roundabout MEDIAN COVER MATERIAL Subsection 610 01 is revised to include the following Date January 2008 This work shall consist of the construction and installation of exposed aggregate median cover material and 4 thick splashblock in the areas designated on the drawings The unit price bid per square foot of median cover and splash block shall include construction of the new median cover and splashblock materials Subgrade preparation for each of these items is not included in this work and shall be paid for separately under a different item of work Traffic control for the installation of each of these items shall not be included in this item and shall be paid for separately under a different item of work Subsection 610 02 is revised to include the following Exposed Aggregate Concrete The Exposed Aggregate Concrete shall be Class EA concrete integrally colored with 1 %2 lbs of Davis Color No 5237 San Diego Buff per sack of cement The surface of the Exposed Aggregate Concrete shall be sealed and protected from drying by applying Davis W 1000 Clear Cure and Seal or approved equal San Diego Buff shall be used for all exposed aggregate concrete in the median Splashblock Splashblock concrete shall be class D concrete integrally colored with 1 V2 Ibs of Davis Color No 5237 SanDiego Buff per sack of cement The concrete shall be stamped according to the latest version of the Larimer County Urban Area Street Standards Subsecton 610 05 shall be revised to include the following The accepted quantities of exposed median aggregate cover and splashblock shall be paid for at the contract unit price bid per square foot for each of the items listed below Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 61001 Exposed Aggregate Median Cover— San Diego Buff (4 ) — (SF) 61002 4 Splashblock — San Diego Buff — (SF) The above prices and payments shall include full compensation for famishing all labor materials tools equipment incidentals and work involved in constructing the exposed aggregate median cover and Splashblock Also included in the price of the work shall be all necessary saw cutting doweling finishing washing of the exposed aggregate surface curing compounds and all other items necessary to provide a complete and serviceable product to the Owner END OF SECTION Technical Specs 35 Horsetooth Road and Ziegler Road Roundabout Date January 2008 REVISION OF SECTION 619 WATER LINES Section 619 of the Standard Specifications is hereby revised as follows Subsection 619 01 is revised to include the following This item shall include the installation of an irrigation meter pit and appurtenances for the roundabout center island irrigation system This work shall meet the requirements of the most current City of Fort Collins Utilities Standards It shall be the Contractors responsibility to purchase and familiarize themselves with these specifications They can be obtained at 700 North Wood Street Fort Collins CO 80521 All work associated with installing the irrigation meter and service that is NOT itemized in the bid tab shall be considered incidental to the work and will not be paid for separately This includes but is not limited to excavating and backfilling for the new service meter pit copper service line material any necessary couplings meter setter approved meter tracer wire corporation stop and valve box and any other items necessary to provide a fully complete and serviceable irrigation meter and service line for the roundabout center island Subsection 619 02 is revised to include the following % Water Service for Imgation — Backflow preventer meter pit and pressure reducing assembly All materials shall be per the most current City of Fort Collins details for service lines curb stops and meter pits 4 PVC Sleeve Under Sidewalk for Imgation Lines — All 4 PVC sleeves shall be PVC C 900 DR 18 pipe Subsection 619 03 is revised to include the following The contractor will be required to install the irrigation tap and meter pit to City of Fort Collins standards Subsection 619 05 is revised as follows Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 619 01 '/ Water Service for Irrigation — Backflow preventer meter pit and pressure reducing assembly — (CIP) (LS) 619 02 4 PVC Sleeve Under Sidewalk for Imgation Lines — (LF) The above prices and payment shall include full compensation for tarnishing all labor materials tools equipment and incidentals and for doing all the work involved in installing ductile iron water pipe and valves connecting to existing water lines according to the Fort Collins Loveland Water District Standards complete in place as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION Technical Specs 36 Horsetooth Road and 7segier Road Roundabout Date January 2008 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows Subsection 630 01 shall be revised as follows This work shall consist of furnishing installing moving maintaining and removing temporary traffic signs advance warning arrows panels barricades channeling devices and delmeators as required by the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) the City of Fort Collins Work Area Traffic Control Handbook June 1989 with Revisions dated May 29 1991 and the City of Fort Collins 'Design Criteria and Standards for Streets Subsection 14 'Barricades Warning Signs Signal Lights July 1986 This work includes use of the above devices to channelize or direct traffic away from the work zone but does not include work zone protection It is the Contractors responsibility to protect his work zone and to protect Pedestrians and Bicyclists from potential hazards arising from lus work until such time as the work has been completed and can be opened to traffic Traffic Control Devices shall be measured and paid for under this section based upon a lump sum pay item In the event of a conflict between the MUTCD criteria and the City s criteria the City's criteria shall govern Traffic control devices shall be placed and/or stored in the City right of way in such a manner that minimizes the hazards to pedestrians bicyclists and vehicles Proper placement and storage of traffic control devices will be subject to the Engineer s discretion Traffic control devices shall be removed from the site immediately upon completion of the Work but not before the concrete has cured sufficiently to allow vehicular traffic to use it Message Boards —Will be placed to the plan designed by the City of Fort Collins This item will be paid for per day (Day) Traffic Control — The scope for the traffic control has been described under Section 01580 Traffic Regulation This item will be paid for as a lump sum (LS) Subsection 630 02 shall include the following All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i a crossed out information information written in long hand style etc ) Additionally any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties such as residents affected by any information the sign may present Subsection 630 05, the second paragraph shall include the following The reflective material shall be AP 1000 Polyester (Reflexite Corporation) 3M Type III or Transparent (Reflexite Corporation) Vinyl material is not acceptable unless its brightness is equivalent to or greater than the types named as approved by the Engineer Subsection 630 08 shall be revised as follows Technical Specs 37 Horsetooth Road and Ziegler Road Roundabout Tra c control on this Eto ect is the responsibility of the Contractor Date January 2008 For this project a Traffic Control Plan shall be prepared The Traffic Control Plan shall be submitted for approval to the Traffic Division by 12 00 noon, two working days prior to the commencement of work (Note Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 9 00 a in ) Facsimiles of plans shall not be allowed No phase of the construction shall start until the Traffic Control Plan has been approved Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work as well as the Contractors forfeiture of payment for all work and materials at that location with no adjustment in the contract time The Traffic Control Plan shall include as a minimum the following (1) A detailed diagram which shows the location of all sign placements including advance construction signs (if not previously approved) fines doubled for speeding signs and speed limit signs method length and time duration for lane closures and location of flag persons (2) A tabulation of all traffic control devices shown on the detailed diagram including but not limited to construction signs vertical panel vertical panel with light Type I Type II and Type III barricades cones drum channeling devices advance warning flashing or sequencing arrow panel Certain traffic control devices may be used for more than one operation or phase However all devices required for any particular phase must be detailed and tabulated for each phase (3) Number of flaggers to be used (4) Parking Restrictions to be in affect Approval of the proposed method of handling traffic is intended to indicate minimum devices needed to control traffic Such approval does not relieve the Contractor of liability specifically assigned to him under this contract Parking Restrictions shall be clearly shown on the Traffic Control Plan including the location and quantity of NO PARKING signs the date to be placed and the date to be removed Failure to have an approved Traffic Control Plan including the Parking Restriction information listed above shall constitute cause for the City to stop work as well as the Contractors forfeiture of payment for all work and materials at that location with no adjustment in the contract time Subsection 630 09 shall be revised as follows Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS) The TCS(s) shall possess a valid Driver's License a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractors Association (CCA) certification as a Traffic Control Supervisor (Proof of certification shall be presented to the City Traffic Control Manager and when requested by a City representative for each TCS utilized on this project ) This Project will require a full time Traffic Control Supervisor (TCS) The TCS shall have a minimum of one-year experience as a certified TCS The TCS shall be on site at all times during the construction Qualifications shall be submitted to the Engineer for approval a minimum of Technical Specs 38 Horsetooth Road and Ziegler Road Roundabout one week prior to commencement of the work Date January 2008 The TCS shall be equipped with a cellular phone The cost of this phone shall be incidental to the work The TCS cellular phone number will be made available to the Engineer, Inspector, and the General Contractor It is the intent of the specifications that the TCS be the same person throughout the project If the TCS is to be replaced dunng the project, the Engineer shall be given a mimmum of one (1) weeks notice and qualifications shall be submitted for approval of the TCS replacement Payment for the TCS shall be included in the lump sum pay item The TCS s duties shall include but not be limited to (1) Preparing revising and submitting Traffic Control Plans as required (2) Direct supervision of project flaggers (3) Coordinating all traffic control related operations including those of the Subcontractors City Streets Department and suppliers (4) Coordinating project activities with appropriate police and fire control agencies Transfort school districts and other affected agencies and parties prior to construction (5) Maintaining a protect traffic control diary which shall become part p the City s project records (6) Inspecting traffic control devices on every calendar day for the duration of the project (7) Insuring that traffic control devices are functioning as required (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience safety and orderly movement of traffic (9) Flagging (10) Setting up and maintaining traffic control devices (11) Attending weekly progress meetings as requested by the Engineer and/or Contractor (12) Shall perform a minimum of Five (5) complete site checks per day during day light hours including weekends and/or as requested by the City of Fort Collins representatives Traffic control management shall be maintained on a 24-hour per day basis The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins Work Area Traffic Control Handbook" and Part VI of the MUTCD pertaining to traffic controls for street and highway construction available at all times Subsection 630 13 shall be revised as follows Technical Specs - 39 Horsetooth Road and Ziegler Road Roundabout Date January 2008 The Contractor shall supply and pay all costs associated with the traffic control for tlus project Traffic Control devices as per the provided traffic control plans are minimum requirements additional devices signage may be required after initial set up is completed This applies to all phases of this project The accepted quantities will be paid for at the contract unit price for each of the pay items listed below Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 630 01 Traffic Control —(LS) Flaggers and all incidental equipment will not be measured and paid for separately but shall be included in the Work The flaggers shall be provided with electronic communication devices when required These devices will not be measured and paid for separately but shall be included in the Work The cost of batteries electricity and/or fuel for all lighting or warning devices shall not be paid for separately but shall be considered subsidiary to the item and shall be included in the Work Sandbags will not be measured and paid for separately but shall be included in the Work The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD if approved however no additional payment will be made for the IaYger signs The City shall not be responsible for any losses or damage due to theft or vandalism SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE Cross street traffic shall be maintained at all times unless authorized by the Engineer in writing NOTE Full closures on arterials and collectors including those listed above will be allowed under extreme circumstances and only upon approval by the Engineer and City Traffic Division Plans shall be approved a minimum of one week prior to the commencement of work and/or the time required to adequately notify the public through the media NOTE The General Specifications provides additional details on allowed closures along Harmony Road and Ziegler Road SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE Full closures on all residential streets shall be allowed as shown on the traffic control plans only if approved by the City Traffic Division END OF SECTION Technical Specs 40 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 Rev 10/20/07 Section 00100 Page 1 ]]li 1 N C • ■ ! • • A T ! ■ SUBGRADE INVESTIGATION HORSETOOTH AND ZIEGLER ROADS ROUNDABOUT FORT COLLINS, COLORADO Prepared for CITY OF FORT COLLINS Engineering Department 281 North College Avenue P 0 Box 580 Fort Collins, Colorado 80522-0580 Attention Mr Chris Parton Project No FC04210-136 November 13, 2007 351 Linden Street I Suite 140 1 Fort Collins Colorado 80524 Telephone 970 206 9455 Fax 970 206 9441 la TABLE OF CONTENTS SCOPE 1 SITE AND PROJECT DESCRIPTION 1 FIELD AND LABORATORY INVESTIGATION 2 SUBSURFACE CONDITIONS 2 SUBGRADE PREPARATION 3 SOLUBLE SULFATES q LIMITATIONS 5 FIGURE 1 - LOCATIONS OF EXPLORATORY BORINGS FIGURE 2 - SUMMARY LOGS OF EXPLORATORY BORINGS APPENDIX A - LABORATORY TEST RESULTS CITY OF FORT COLLINS- ENGINEERING DEPARTMENT SUBGRADE INVESTIGATION NORSETOOTN AND LEGLER ROADS ROUNDABOUT CTLITPROIECTNO FC MO-133 T SCOPE This report presents the results of our subgrade investigation for the widening of a portion of Ziegler Road and a new roundabout at the Intersection of Horsetooth and Ziegler Roads in Fort Collins, Colorado (Figure 1) We believe our report is in general conformance with Chapter 5 of the Latimer County Urban Areas Street Standards" dated January 2, 2001 (repealed and reenacted April 1, 2007) as adopted by the City of Fort Collins The City requires submittal of this Subgrade Investigation that addresses the type and pavement support characteristics of the subgrade sods present at the site After the City has reviewed the subgrade investigation, design traffic data will be provided by the City and the design portion of the Investigation Including pavement section recommendations will be completed Our report includes a description of the subgrade sods encountered in our exploratory borings and laboratory test results Alternative pavement sections, construction and materials guidelines based upon laboratory test results, City of Fort Collins design criteria Latimer County Urban Area Street Standards, the Colorado Department of Transportation (COOT) 2007 "Pavement Design Manual," American Association of State Highway and Transportation Officials (AASHTO)1993 "Guide for the Design of Pavement Structures". will be appended to this report after traffic data is provided by the City of Fort Collins SITE AND PROJECT DESCRIPTION The site consists of the intersection of Horsetooth and Ziegler Roads and the east side of Ziegler Road from Charlie Lane to Horsetooth Road in east Fort Collins, Colorado Ziegler Road Is paved full -width with curb and gutters south of Charlie Lane The east side (northbound lane) of Ziegler Road narrows north of Charlie Lane with no curb and gutter Horsetooth Road Is paved the full -width with curb and gutter The alignment of Ziegler Road has a gradual slope to the north Land -use of the area Is generally residential and rural -residential CITY OF FORT COLLINS - ENGINEERING DEPARTMENT SUSGRADE INVESTIGATION HORSETOOTH AND 21EGLER ROADS ROUNDABOUT CTL I T PROJECT NO FC04210-135 Ir FIELD AND LABORATORY INVESTIGATION Our field investigation consisted of seven borings drilled to a depth of 10 feet Borings were drilled at approximate 450-foot spacing along the east side of Ziegler Road, outside of paved areas in accessible areas The approximate locations of our borings are shown on Figure 1 The borings were drilled on October 24, 2007 with 4- inch diameter solid stem augers and a truck -mounted drill Bulk samples were obtained from the upper 4 feet of the borings and California samples were obtained from selected intervals within the borings The number of blows from a 140-pound hammer falling 30 Inches, required to drive the California sampler, were recorded and are presented on our summary logs of the borings presented on Figure 2 Laboratory testing was performed in general accordance with AASHTO and ASTM methods to determine index properties of the soils sampled and subgrade support values for those soil types influencing the pavement design To evaluate potential heave, swell -consolidation testing was performed on three samples of the subgrade soils under a pressure of 150 psf Two samples were tested for water- soluble sulfate content Results of laboratory tests are presented in Appendix A and summarized in Table A-1 Hveem stabilometer testing (R-Value) will be performed on a composite sample of representative bulk samples of the subgrade after the City has reviewed this subgrade investigation and provided design traffic data for use in our pavement design The results of Hveem stabilometer tests will be Included In our subgrade investigation and pavement design report to follow SUBSURFACE CONDITIONS The subgrade material encountered beneath the surface generally consisted of sandy to very sandy clays with slight amounts to traces of gravel Roadbase materials were encountered in the upper levels of TH-1 and TH-4 Sandy, clay fill materials were encountered In the upper levels of TH-2 No ground water was observed in the borings Cm' OF FORT COLLINS - ENGINEERING DEPARTMENT SUBGRADE INVESTIGATION 2 HORSETOOTI AND LEGLER ROADS ROUNDABOUT CTL I T PROJECT NO FC04210-135 Ir Samples of the sandy clay tested in the laboratory contained between 22 and 37 percent clay and slit -sized particles (passing the No 200 sieve), had liquid limits between 50 and 60, and plasticity indices between 22 and 26 The samples classified as A-6 in accordance with the AASHTO classification method with group indices ranging from 7 to 12 Four samples of the sandy clay tested for swell potential swelled from 0 4 to 15 percent when wetted under application of a 150-psf pressure Based on the results of laboratory testing and City of Fort Collins requirements, we believe that swell mitigation will not be required SUBGRADE PREPARATION Our laboratory tests indicate that most of the shallow subgrade sods have moisture contents that are near the plastic limits This suggests that unprepared subgrade sods may yield under equipment during paving We believe most of the subgrade soils will require stabilization in order to establish a firm subgrade before paving However, the possibility exists that conventional moisture treatment and compaction may result in firm subgrade Therefore, we will provide recommendations in our pavement design report for conventional moisture treatment and compaction and alternative stabilization methods To prepare the subgrade for paving with conventional moisture treatment and compaction, subgrade soils should be scarified a minimum of 18 Inches deep, moisture conditioned to between 1 percent below and 2 percent above optimum moisture content and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698) Scarification and recompaction of the upper 18 Inches of subgrade soils should occur as close to the time of pavement construction as possible The final subgrade surface must be protected from excessive drying or wetting until such time as the pavement section is constructed CITY OF FORT COLLINS - ENGINEERING DEPARTMENT SUBGRADE INVESTIGATION 3 HORSETOOTH AND ZIEGLER ROADS ROUNDABOUT CTL I T PROJECT NO FC04210.135 Soil stabilization by chemical treatment can Increase the stability of the subgrade, add strength and stiffness to the subgrade, and Improve the engineering properties of the soils Design and construction guidelines for chemical or other stabilization methods will also be provided In the design report Maintaining moisture contents near optimum will be critical to avoid excessive deflections, rutting and pumping of the subgrade during subgrade preparation of streets If moisture and density cannot be sufficiently controlled during subgrade preparation and stabilization is required, chemical stabilization, stabilization by removal and replacement, or stabilization using geotextiles and Imported granular materials may be used For Isolated or small areas requiring stabilization, removal and replacement or "crowding coarse aggregate Into the subgrade maybe effective If large areas require stabilization, chemical treatment of the sods may be a more effective alternative SOLUBLE SULFATES A water-soluble sulfate concentration of 0 010 percent was measured in two samples of the near -surface subgrade soil The purpose of the tests was to determine the risk of exposure to sulfate attack where portland cement concrete Is used and to assess the risk of increased swelling due to reaction to chemical stabilization The result Indicates Class 0 (formerly "negligible' ) exposure to sulfate attack on concrete (e g curb and gutter or pavements) according to the American Concrete Institute (ACI) ACI has no special recommendations for concrete with negligible exposure to sulfate attack Sulfate concentrations above 0 5 percent can cause an adverse reaction between the sulfates and the stabilizing agent, resulting In heaving of the subgrade if lime or fly ash stabilization is performed Based on the results found, we believe there is a low risk of Increased swelling due to sulfate reaction to chemical stabilizing agents at this site CITY OF FORT COLLINS - ENGINEERING DEPARTMENT SUBGRADE INVESTIGATION 4 NORSEfOOTN AND ZIEGLER ROAD$ ROUNDABOUT CTLiTPROJECTNO FCOMO-135 IF LIMITATIONS The subgrade Investigation, conclusions, and recommendations included In this report are based upon our field observations, laboratory testing, and design criteria required by the City of Fort Collins and the AASHTO design guide The report will be amended to Include Hveem stabdometer tests and pavement section design recommendations following review and approval by the City of Fort Collins We believe the geotechmcal services for this project were performed in a manner consistent with that level of care and skill ordinarily used by members of the profession in the locality of the project No warranty, express or Implied, Is made If we can be of further service in discussing the contents of this report, or in the analyses of the proposed pavement systems from a geotechmcal point of view, please call Ego v av s�„ CTL I THOMPSON, INC r yf— 3 a AI G LomaaW Finley CPG nm9�tio �� Senior Geologist F/F� SOS s5 01 Reviewed by0 RE G UADq �s R B "Chip" L Geotechnical CRY OF FORT COLLINS - ENGINEERING DEPARTMENT SUBGRADE INVESTIGATION 5 HORSETOOTH AND ZIEGLER ROADS ROUNDABOUT CTL I T PROJECT NO FC00210.135 APPROX SCALE i=2W 0 E HORSETOOTH RD j TH-4 0 Q O w J w W N 9M E HORSETOOTH RD SITE R E HARMONY RD VICINITY MAP (FORT COLLINS AREA) NOT TO SCALE INDICATES APPROXIMATE LOCATION OF EXPLORATORY BORING Locations of Exploratory Borings CT' OF FORT COLONS HORSETOOTH AND LEOLER ROADS ROUNDABOUT CTLI T PROJECT NO FOX21MW FIGURE 1 TH 1 TH 2 TH 3 TH-4 IF a� 0�8/12 ol 10/12 25/12 15/12 5/12 8/12 8/12 7112 5op 5 i ru 4 w 17/12 8/12 17/12 17/12 W x 10 10 x a IL w w � — G 15 15 0 20 LEGEND SIMI L. ()I ROADBASE Li ® FILL SANDY CLAY STIFF AND CLAYEY SAND DENSE SLIGHTLY GRAVELLY BROWN CLAY SANDY TO VERY SANDY SLIGHTLY GRAVELLY MOIST STIFF BROWN REDDISH 1 BROWN (CL) DRIVE SAMPLE THE SYMBOL 8/12 INDICATES 8 BLOWS OF A 140-POUND HAMMER FALLING 30 INCHES WERE REQUIRED TO DRIVE A 2 5 INCH O D SAMPLER 12 INCHES BULK SAMPLE FROM AUGER CUTTINGS NOTES 1 THE BORINGS WERE DRILLED ON OCTOBER 24 2007 USING 4-INCH DIAMETER CONTINUOUS FLIGHT AUGERS AND A TRUCK MOUNTED DRILL RIG 2 THESE LOGS ARE SUBJECT TO THE EXPLANATIONS LIMITATIONS AND CONCLUSIONS IN THIS REPORT SUMMARY LOGS OF EXPLORATORY BORINGS 17 HOR ETOOTHANDZIEGlERROADSROUNGASOM FIGURE 2 CRITPROJECTNO FCD4216JW ■I o APPENDIX A LABORATORY TEST RESULTS CRY OF FORT COLLWS - ENGINEERING DEPARTMENT SUBGRADE INVESTIGATION NORSETOOTN AND 23EGLER ROADS ROUNDABOUT C1L I T PROJECT NO FC04210-135 4 Construction surveying is to be provided by the Contractor Section 00520 is revised as follows Section 3 1 The Work shall be Substantially Complete within One Hundred Five (105) 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 fifteen (15) calendar days after the date of substantial completion Section 3 2 Liquidated Damages 1) Liquidated Damages One Thousand Seven Hundred Seventy Eight Dollars ($1 778) that expires after the One Hundred Five (105) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial Completion Six Hundred Dollars ($600) for each calendar day or fraction thereof that expires after the fifteen (15) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance A quantity was added in the bid schedule for Alternate Bike Ramps with 6 Curbheads The applicable areas for this pay item are delineated on the revised surfacing plan as Concrete G Section 608 of the technical specifications was revised to describe measurement and pay The revised specification for this item is included with this addendum Please contact John D Stephen CPPO CPPB Senior Buyer at (970) 221-6777 with any questions regarding this addendum RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED 3 2 In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract 3 3 Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work 3 4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City 4 0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4 1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents 4 2 Reference is made to the Supplementary Conditions for identification of Subsurface and Physical Conditions SC-4 2 4 3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and Rev 10/20/07 Section 00100 Page 2 3 2 1 EXPANSION UNDER CONSTANT PRESSURE DUE TO WETTING of 10 APPLIED PRESSURE KSF Sample of CLAY SANDY (CL) From TH 1 AT 2 FEET 3 2 1 z O o as a d x 1 a' z O 2 w a 3 O U EXPANSION UNDER CONSTANT PRESSURE DUE TO WETTING 01 10 APPLIED PRESSURE KSF Sample of CLAY SANDY(CL) From TH 2 AT 2 FEET CITY OF FORT COLLINS ENGINEERING DEPARTMENT HORSETOOTH & ZIEGLER ROADS ROUNDABOUT PROJECT NO FC04210 135 'A 10 100 DRY UNIT WEIGHT= 106 PCF MOISTURE CONTENT= 181 % 10 too DRYUNITWEIGHT= 105 PCF MOISTURE CONTENT= 207 % Swell Consolidation Test Results FIGURE A 1 3 2 1 Z 0 0 N Z IL + w 0 Z 2 0 H 1n W 1C 3 a 0 0 qu EXPANSION UNDER CONSTANT PRESSURE DUE TO WETTING 01 10 APPLIED PRESSURE KSF Sample of CLAY SANDY (CL) _ From TH 3 AT 2 FEET 3 2 1 0 o y Z a CL K + W e 0 2 9 UJ S a 3 0 U i IF 10 too DRY UNIT WEIGHT= 107 PCF MOISTURE CONTENT= 9 9 % EXPANSION UNDER CONSTANT PRESSURE DUE TO WETTING _ 01 10 APPLIED PRESSURE KSF Sample of CLAY SANDY (CL) From TH-4 AT 4 FEET CITY OF FORT COLLINS ENGINEERING DEPARTMENT HORSETOOTH & ZIEGLER ROADS ROUNDABOUT PROJECT NO FC04210-135 i 10 100 DRY UNIT WEIGHT= 117 PCF _ MOISTURE CONTENT= 11 9 Swell Consolidation Test Results FIGURE A 2 Li es--aaeeaa���_ tea-__ �ss�oeaaaa_-� �Mal = Sample of CLAY SANDY (CL) From TH 1 AT 0 5 TO 4 FEET GRAVEL 0 % SAND 40 % SILT & CLAY 60 % LIQUID LIMIT 46 PLASTICITY INDEX 26 Will , Sample of CLAY SANDY (CL) _ From TH 2 AT 0 5 TO 4 FEET CITY OF FORT COLLINS ENGINEERING DEPARTMENT HORSETOOTH & ZIEGLER ROADS ROUNDABOUT PROJECT NO FO04210 135 GRAVEL 0 % SAND 41 % SILT & CLAY 59 % LIQUID LIMIT 36 PLASTICITY INDEX 22 Gradation Test Results FIGURE A 3 HYDROMETER ANALYSIS I SIEVE ANALYSIS 25 HR ] HR TIME READINGS US STANDARD SERIES CLEAR SQUARE OPENINGS 45 MN 18 MIN W MIN 19 MIN 4 MIN 1 MIN 200 IN W 40 W 1S 10 8 4 318 34 1% 3 55 r 90 -- _—�--+-+ — — �r y10 W y 20 70 _ _ 30 a y W M __ -+ 1r- 6 _ 50 W ~]0 SO 10 W 001 0002 OX ON 019 037 074 149 297 0425W 119 202M 476 952 191 W1 7a2 121 2WW 52 DIAMETER OF PARTICLE IN MILLIMETERS CLAY (PLASTIC) TO SILT (NON -PLASTIC) SANDS GRAVEL FINE MEDIUM COARSE FINE I COARSE COBBLES Sample Of CLAY SANDY (CL) From TH 4 AT 4 FEET GRAVEL 6 % SAND 44 % SILT & CLAY 50 % LIQUID LIMIT 35 PLASTICITY INDEX 22 HYDROMETER ANALYSIS I SIEVE ANALYSIS 25 HR ] HR TIME READINGS U S. STANDARD SERIES CLEAR SQUARE OPENINGS 146MN 15MIN WMIN 19MIN 4MN IMIN '200 100 50 44) W 18 10 8 4 318 34 1% 3 58 S0 BO_ t — - 20 270 W 150 6 - - - - - - - - - - -_ 20 W 90 0 100 W1 0002 005 009 019 037 074 149 2" SOO 119 20238 478 952 191 3S1 752 127 200 042 52 DIAMETER OF PARTICLE IN MILLIMETERS CLAY (PLASTIC) TO SILT (NON PLASTIC) GRAVEL FINE lCOARSE1 FINE I COARSE COBBLES Sample of From CRY OF FORT COLLINS ENGINEERING DEPARTMENT HORSETOOTH 6 ZIEGLER ROADS ROUNDABOUT PROJECT NO FC04210135 GRAVEL 0/ SAND /0 SILT & CLAY % LIQUID LIMIT PLASTICITY INDEX Gradation Test Results FIGURE A 4 TABLE A4 SUMMARY OF LABORATORY TEST RESULTS BORING DEPTH SAMPLE MOISTURE DRY PASSING ATTERBERG LIMITS CLASSIFICATION SWELL R WATER SOLUBLE SOIL TYPE LIQUID PLASTICITY AASHTO USC NO (feet) TYPE CONTENT DENSITY NO 200 LIMIT INDEX (GROUP INDEX) 160 PSF VALUE SULFATES % PCF SIEVE % % o� TH 1 0 5 to 4 BULK 18 7 595 40 26 A 12 CL 0 010 CLAY SANDY CL TH 1 TH 1 2 C 18 1 106 3 CL 0 9 CLAY SANDY JCQ TH 1 4 9 C C 174 88 9 CL CLAY SANDY Cl TH 2 0 5 to 4 BULK 18 2 166 1087 586 36 22 CL CLAY SANDY CL TH 2 2 C 20 7 104 6 A 10 CL CLAY SANDY CL TH 2 4 C 215 979 CL 0 4 CLAY SANDY CL TH 2 9 C 194 962 CL CLAY SANDY CL TH 3 2 C 9 8 107 0 CL CLAY SANDY CL TH 3 4 C CL 13 0 010 CLAY SANDY CL TH 3 9 C 14 a 238 967 CL CLAY SANDY CL TH 4 2 C 167 CL CLAY SANDY Cl TH 4 4 C 11 9 1166 503 35 22 A 7 CL CL is CLAY SANDY CL CLAY SANDY CL TH4 9 C 198 987 CLI ICLAY SANDY CL CTLIT PROJECT NO FC04210-135 Page 1 of 1 furnishing of the Work 5 0 INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda Questions received less than seven days prior to the date for opening of the Bids may not be answered Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect 5 2 All questions concerning the scope of this project should be directed to the Engineer Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division 5 3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer 5 4 Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents 6 0 BID SECURITY 6 1 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds 6 2 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening 7 0 CONTRACT TIME The number of substantially (the Contract days within which, or the date by which the Work is to be complete and also completed and ready for Final Payment Times) are set forth in the Agreement Rev 10/20/07 Section 00100 Page 3 8 0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement 9 0 SUBSTITUTE ('OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal' items Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement" The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements 10 0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10 1 Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work Refer to Section 00430 contained within these Documents 10 2 If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions 10 3 CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work 11 0 BID FORM 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 Rev 10/20/07 Section 00100 Page 4 on the form must be stated in words and numerals in case of conflict, words will take precedence Unit prices shall govern over extensions of sums 11 3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation shall be shown below the corporate name 11 4 Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature 11 5 Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant The full name of each person or company interested in the Bid shall be listed on the Bid Form 11 6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form) 11 7 No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder if initialed, OWNER may require the Bidder to identify any alteration so initialed 11 8 The address and telephone number for communications regarding the Bid shall be shown 12 0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules 13 0 SUBMISSION OF BIDS 13 1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No , and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430 If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation BID ENCLOSED on the face of it 13 2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum Bids received after the time and Rev 10/20/07 Section 00100 Page 5 date for receipt of Bids will be returned unopened Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids 13 3 Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration 13 4 No Bidder may submit more than one Bid Multiple Bids under different names will not be accepted from one firm or association 14 0 MODIFICATION AND WITHDRAWAL OF BIDS 14 1 Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids 14 2 Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids 14 3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders 15 0 OPENINGS OF BIDS Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids 16 0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date 17 0 AWARD OF CONTRACT 17 1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to 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 Rev 10/20/07 Section 00100 Page 6 and the correct sum thereof will be resolved in favor of the correct sum 17 2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award 17 3 OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award 17 4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time 17 5 If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER Award shall be made on the evaluated lowest base bid excluding alternates The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules Only one contract will be awarded 17 6 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening 18 0 CONTRACT SECURITY The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security 19 0 SIGNING OF AGREEMENT When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents Rev 10/20/07 Section 00100 Page 7 to OWNER with the required Bonds Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification 20 0 TAXES OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work Said taxes shall not be included in the Contract Price Reference is made to the General and Supplementary Conditions 21 0 RETAINAGE Provisions concerning retainage are set forth in the Agreement 22 0 PURCHASING RESTRICTIONS Purchasing restrictions The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office A Cement Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 23 0 COLLUSIVE OR SHAM BIDS Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid 24 0 BID RESULTS For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening END OF SECTION Rev 10/20/07 Section 00100 Page 8 SECTION 00300 04-110 i] UT] SECTION 00300 BID FORM PROJECT 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements Place Date 1 In compliance with your Invitation to Bid dated 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules 2 The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned 3 Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders 4 The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows 5 All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list 6 Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents 7 The undersigned Bidder hereby acknowledges receipt of Addenda No through Rev 10/20/07 Section 00300 Page 1 BID SCHEDULE (Base Bid) Item No Item Descri tion Quantity Unit Unit Price Total Cost ,y 201-01 Clearing and Grubbing 1 LS 202-01 Remove Curb and Gutter 850 LF 202-02 Remove Concrete Sidewalk 2700 SF 202-03 Remove Asphalt - Full Depth 4 -8 3950 SY 202-04 Remove Type R Inlet 1 EA 202-05 Remove Wire Fence 80 LF 202-06 Remove Pie 55 LF 202-07 Remove Asphalt Drive 130 SY 202-08 Remove Gravel Drive 180 SY 203-01 Unclassified Excavation 3500 CY 203-02 Embankment 2800 CY 203-03 Haul and Dispose of Excess Material 700 CY 203-04 Muck Excavation 100 CY 203-05 6 Screened Imported Topsoil in Parkway Areas 225 CY 203-06 Roundabout Center Island Fill - 60/40 Mix 250 CY 203-07 S lashblock/Hardsca a Shaping 2050 SF 203-08 Flowable Fill Over Utilities 100 CY 203-09 Potholinq 50 EA 208-01 Erosion Control 1 LS 210-01 Adjust Manhole Ring/Cover 5 EA 210-02 Modify Manhole 5 EA 210-03 -Adjust Valve Box 5 EA 210-04 Relocate Fire Hydrant 1 EA 210-05 Relocate Meter Pit 2 EA 210-06 Remove and Reset Mailbox 2 EA 210-07 Remove & Replace Split Rail Fence 515 LF 210-08 Remove & Replace Brick Fence Corner Posts 1 EA 304-01 Aqq Base Course - Class 5 or 6 - 6" Depth 1300 TON 306-01 Sidewalk Preparation 1511 SY 306-02 Sidewalk Reconditioning - 8 100 SY 403-01 HBP - Grading S - 2 Depth PG 64-28 324 TON 403-02 HBP - Grading S - 2 75 Depth PG 64-22 135 TON 403-03 HBP - Grading S 2 Depth PG 64-22 324 TON 403-04 HBP - Grading SG - 5 Depth 58-28 1080 TON 403-05 HBP Grading SG Asphalt Patching 58-28 10 TON 412-01 Concrete Pavement - 8 5" 2600 SY 412-02 Concrete Truck Apron - 8 5 - Tile Red 330 SY 412-03 Enhanced Cross Walk - 8 5 - Tile Red w/ Stamped Border 200 SY 506-01 15 x6 x18" Type ' L Buried Rip -Rap w/Bedding and 6 Topsoil 1 EA Rev 10/20/07 Section 00300 Page 2 BID SCHEDULE ADDENDUM No 1 6082 Horsetooth Ziegler Roundabout and Ziegler Road Improvements Item No Item Description Q,uantity Unit Unit Price Total Cost 201-01 Cleann and Grubbm 1 LS 20201 Remove Curb and Gutter 850 LF 20202 Remove Concrete Sidewalk 2700 SF 20203 Remove Asphalt Full Depth (4 8) 3950 SY 20204 Remove Type R Inlet 1 EA 202-05 Remove Wire Fence 80 LF 202-06 Remove Pie 55 LF 202-07 Mill Asphalt Drive & Leave in Place - Driveway for Warren Property 1210 SY 202-08 Remove Gravel Drive 180 SY 20301 Unclassified Excavation 3500 CY 20302 Embankment 2800 CY 20303 Haul and Dispose of Excess Material 700 CY 20304 Muck Excavation 100 CY 20305 6 Screened Imported Topsoil in Parkway Areas 225 CY 20306 Roundabout Center Island Fill - 60/40 Mix 250 CY 203-07 S lashblock/Hardsca a Shaping 2050 SF 203-08 Flowable Fill Over Utilities 100 CY 20309 Potholing 50 EA 20801 Erosion Control 1 LS 210-01 Adjust Manhole Ring/Cover 5 EA 506-02 10 x6'x18 Type "L' Buried Rip -Rap w/Bedding and 6' Topsoil 2 EA 506-03 5 x5'x18 Type "L Buried Rip -Rap w/Beddin and 6" Topsoil 1 EA 506-04 Cobble in Tree Wells incl Weed Barrier Underla ment 20 TON 508-01 Timber Tree Well 500 SF 603-01 15 RCP Class III 33 LF 603-02 18 RCP Class 111 55 LF 603-03 15 RCP FES Class III 2 EA 603-04 18 RCP FES Class III 2 EA 603-05 4 Median Underdrain Pie Perforated 70 LF 603-06 4 Median Underdrain Clean Out 1 EA 603-07 4 Median Underdrain Connection to Existing Storm Sewer 1 EA 604-01 Double Type 13 Inlet 1 EA 607-01 4-Wire Smooth Wire Fence 305 LF 608-01 Concrete Sidewalk - 6' 13600 SF 608-02 Concrete Access Ram w/ Truncated Domes 925 SF 608-03 Pedestrian Refuge Island Ram w/ Truncated Domes 570 SF 608-04 Concrete Driveway Approach w/A rons - 6 552 SF 609-01 Vertical Curb and Gutter 30" 2400 LF 609-02 Vertical Curb and Gutter - 18 Outfall and Infall 1750 LF 609-03 4 Mountable Curb w/ 1 Gutter 260 LF 610-01 Exposed Aggregate Median Cover - San Diego Buff 4 4300 SF 610-02 4 S lashblock San Diego Buff 2050 SF 61901 3/4' Water Service for Irrigation - Backflow Preventer Meter Pit Pressure Reducing Assembly CIP 1 LS 619-02 4 PVC Sleeve Under Sidewalk for Irrigation Lines 100 LF - Bonds & Insurance 1 LS 625-01 Construction Surveying 1 LS 626-01 1 Mobilization 1 LS 630-01 1 Traffic Control 1 LS Total DOLLARS PUTAL IN WORDS Rev 10/20/07 Section 00300 Page 3 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 CONTRACTOR BUSINESS NAME 0d Signature Printed Name License Number (If Applicable) (Seal - if Bid is by corporation) Attest Address Telephone Email Check One Individual Doing Business in Company Name Corporation Partnership Date Title Rev 10/20/07 Section 00300 Page 4 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Rev 10/20/07 Section 00410 Page 1 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ 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 of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid and said Surety does hereby waive notice of any such extension Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER Rev 10/20/07 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above PRINCIPAL Name Address By Title ATTEST By (SEAL) 0 Title SURETY (SEAL) Rev 10/20/07 Section 00410 Page 3 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive This statement must be notarized If necessary, questions may be answered on separate attached sheets The Bidder may submit any additional information he desires 1 Name of Bidder 2 Permanent main office address 3 When organized 4 If a corporation, where incorporated 5 How many years have you been engaged in the contracting business under your present firm or trade name's 6 Contracts on hand (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion ) 7 General character of Work performed by your company 8 Have you ever failed to complete any Work awarded to your If so, where and why? 9 Have your ever defaulted on a contract> If so, where and why? 10 Are you debarred by any government agency? If yes list agency name Rev 10/20/07 Section 00420 Page 1 11 List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction 12 List your major equipment available for this contract 13 Experience in construction Work similar in importance to this project 14 Background and experience of the principal members of your organization, including officers 15 Credit available $ 16 Bank reference 17 Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER') 18 Are you licensed as a General CONTRACTOR? If yes, in what city, county and states What class, license and numbers? 19 Do you anticipate subcontracting Work under this Contract's If yes, what percent of total contract and to whom> 20 Are any lawsuits pending against you or your firm at this time' IF yes, DETAIL Rev 10/20/07 Section 00420 Page 2 21 What are the limits of your public liability> DETAIL What company'? 22 What are your company's bonding limitations> 23 The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications Dated at this day of , 20 Name of Bidder By Title State of County of being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct Subscribed and sworn to before me this day of , 20 Notary Public My commission expires Rev 10/20/07 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10- of the contract ITEM SUBCONTRACTOR Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed BID SCHEDULE ADDENDUM No 1 6082 Horsetooth Ziegler Roundabout and Ziegler Road Improvements 21002 Modify Manhole 5 EA 21003 Adjust Valve Box 5 EA 21004 Relocate Fire Hydrant 1 EA 210-05 Relocate Meter Pit 2 EA 210-06 Remove and Reset Mailbox 2 EA Remove & Replace Split Rail 21007 Fence 515 LF Remove & Replace Brick Fence 21008 Corner Posts 1 EA Agg Base Course (Class 5 or 6) 30401 6 Depth 1460 TON 306-01 Sidewalk Preparation SY 306-02 Sidewalk Reconditioning 8 E151 SY HBP Grading S 2 Depth (PG 40301 64 28) 380 TON HBP Grading S - 2 75 Depth (PG 40302 64 22 TON HBP Grading S 2 Depth (PG H380 403-03 64 22 TON HBP Grading SG 5 Depth (58- 403-04 28) 1220 TON HBP - Grading SG Asphalt 403-05 Patching 58 28 50 TON HBP - Grading S 2 Depth (PG 64-22) Driveway for Warren 40306 Property 130 TON 412-01 Concrete Pavement - 8 5 2560 SY Concrete Truck Apron - 8 5 Tile 412-02 Red 330 SY Enhanced Cross Walk - 8 5 Tile 41203 Red w/ Stamped Border 200 SY 15x6x18 Type L Buried Rip -Rap 50601 w/Beddin and 6 Topsoil 1 EA 10x6x18 Type L Buned Rip -Rap 506-02 w/Beddm and 6' Topsoil 2 EA SECTION 00510 NOTICE OF AWARD Date TO PROJECT 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements OWNER CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated , 20 for the above project has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements The Price of your Agreement is Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by 20 1 You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents Each of the Contract Documents must bear your signature on the cover of the page 2 You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5 1) and Supplementary Conditions Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached 0 City of Fort Collins OWNER James B O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management Section 00310 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements and is generally described in Section 01010 ARTICLE 2 ENGINEER The Project has been designed by Interwest Consulting Group, 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 Twenty (120) 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 Fifty (150) calendar days after the date when the Contract Times commence to run 3 2 Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter Section 00520 Page 1 1) Substantial Completion One Thousand Dollars ($1,000) for each calendar day or fraction thereof that expires after the One Hundred Twenty (120) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the Thirty (30) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance ARTICLE 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions Applications for Payment will be processed by ENGINEER as provided in the General Conditions 5 1 PROGRESS PAYMENTS OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as 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 5V completed as determined by ENGINEER, when the retainage equals 5s of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed 90= of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14 2 of the General Conditions) may be included in the application Section 00520 Page 2 for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95s of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions or as provided by law 5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in accordance with paragraph 14 13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 13 ARTICLE 6 CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4 2 of the General Conditions 6 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6 2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4 2 of the General Conditions and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes 6 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of Section 00520 Page 3 paragraph 4 3 of the General Conditions 6 5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of Contract Documents in Article 1 10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following 7 2 1 Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7 2 4 Consent of Surety 7 2 5 Application for Exemption Certificate 7 2 6Application for Payment 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows SHEET DFSCRTPTTnN 1 Cover Sheet 2 General Notes 3 Typical Sections 4 Right of Way Map 5 Horizontal Control Plan 6-7 Demolition Plan 8 Erosion Control Plan 9 Surfacing Plan 10-12 Flowline Plan and Profile 13-17 Splitter Island Details 18 Concrete Joint Plan 19-20 Grading Plan 21-22 Signing & Striping Plan 23-28 Cross Sections 29-33 Details X Landscape and Irrigation Plan Section 00520 Page 4 The Contract Drawings shall be stamped "Final for Construction' and dated Any revisions made shall be clearly identified and dated 7 4 Addenda Numbers to , inclusive 7 5 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3 5 and 3 6 of the General Conditions 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 Section 00520 Page 5 OWNER CITY OF FORT COLLINS CONTRACTOR By JAMES B O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date Attest City Clerk LVA Title Date Attest (CORPORATE SEAL) Address for giving notices Address for giving notices P 0 Box 580 Fort Collins, CO 80522 LICENSE NO Approved as to Form Assistant City Attorney Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements To This notice is to advise you That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER That the OWNER has approved the said Contract Documents Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be 20 and , 20, respectively City of Fort Collins OWNER M Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR :N Title Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No KNOW ALL MEN BY THESE PRESENTS that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the Principal' and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins 300 Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the 'OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the _ day of 20 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void otherwise to remain in full force and effect Rev 10/20/07 Section 00610 Page 1 BID SCHEDULE ADDENDUM No 1 6082 Horsetooth Ziegler Roundabout and Ziegler Road Improvements 50603 5 x5 x18 Type L Buned Rip -Rap w/Bedding and 6 Topsoil 1 EA 50604 Cobble in Tree Wells incl Weed Barrier Underla ment 20 TON 50801 Timber Tree Well 500 SF 603-01 15 RCP Class III 33 LF 603-02 18 RCP Class III 55 LF 603-03 15 RCP FES Class III 2 EA 603-04 18 RCP FES Class III 2 EA 60305 4 Median Underdram Pipe Perforated 70 LF 60306 4 Median Underdrain Clean Out 1 EA 60307 4 Median Underdram Connection to Existing Storm Sewer 1 EA 60401 Double Type 13 Inlet 1 EA 607-01 4 Wire Smooth Wire Fence 305 LF 608-01 Concrete Sidewalk - 6 13600 SF 608-02 Concrete Access Ramp w/ Truncated Domes 925 SF 608-03 Pedestrian Refuge Island Ramp w/ Truncated Domes 570 SF 608-04 Concrete Driveway Approach w/A rons 6 552 SF 608-05 Alternate Bike Ramp w/ 6 Curb Heads 590 SF 609-01 Vertical Curb and Gutter - 30 2400 LF 609 02 Vertical Curb and Gutter 18 Outfall and Infall 1750 LF 609-03 4 Mountable Curb w/ 1 Gutter 260 LF 610-01 Exposed Aggregate Median Cover San Diego Buff 4 4300 SF PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of 20 IN PRESENCE OF (Corporate Seal) IN PRESENCE OF IN PRESENCE OF (Surety Seal) Principal (Title) (Address) Other Partners By By Surety By By (Address) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR xs Partnership, all partners should execute Bond Rev 10/20/07 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No KNOW ALL MEN BY THESE PRESENTS that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the Principal and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the _ day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void otherwise to remain in full force and effect Rev 10/20/07 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of 20 IN PRESENCE OF Principal LVA (Title) (Address) (Corporate Seal) IN PRESENCE OF Other Partners IN PRESENCE OF Surety By By (Address) (Surety Seal) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond Rev1onoio7 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance Rev 10/20/07 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER City of Fort Collins CONTRACTOR CONTRACT DATE The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated 'M1 CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12 01 a m , on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below CITY OF FORT COLLINS, COLORADO By OWNER AUTHORIZED REPRESENTATIVE REMARKS DATE Rev 10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO Gentlemen 20 You are hereby notified that on the _ day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements 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 , 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date 20 Sincerely, OWNER City of Fort Collins By Title ATTEST Title Rev 10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM (CONTRACTOR) PROJECT 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements 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 project for all loss, damage and costs, including reasonable attorneys Rev 10/20/07 Section 00650 Page 1 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 -39 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 Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR PROJECT 6082 Horsetooth-Ziegler Roundabout and Ziegler Road Improvements CONTRACT DATE In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact Rev 10/20/07 Section 00660 Page 1 SECTION 00670 Section 00670 Page 1 BID SCHEDULE ADDENDUM No 1 6082 Horsetooth Ziegler Roundabout and Ziegler Road Improvements - San Die o Buff Water Service for Irrigation - kflow Preventer Meter Pit ssure Reducing Assembly CIP $jjlashblock VC Sleeve Under Sidewalk for ation Lines ds & Insurance ITota, struction Surve m ilization TOTAL IN WORDS ON DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232 2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26 114(1)(a)(XIX) UV NV i VVMI I t IN I Nib JYAGt The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project descnbed below This exemption does not Include or apply to the purchase or rental of equipment supplies and matenals which are purchased rented or consumed by the contractor and which do not become part of the structure highway road street or other public works owned and used by the exempt organization Any unauthonzed use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law A separate certificate is required for each contract Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime contractor to issue certificates to each of the subcontractors (See reverse side) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED Registrabon/Account No (to be assigned by DOR) Pencil 89 - 0170-750 (999) $0 00 CONTRACTOR INFORMIMA' M Trade name/DBA owner partner or corporate name Madmg address (City State Zlp) Contact Person E Mail address Federal Employers Identification Number BQId amount for your contract Fax Number ( ) Business telephone number Colorado mthholding tax account number EKEWgt #WORNWT Name of exempt organization (as shown on contract) Exempt organizations number 98 - Address of exempt organization (City State Zip) Principal contact at exempt organization Pnncipal contact s telephone number Physical location of project site (give actual address when applicable and Clhes and/or County (ies) where project is located) Scheduled Month Day Year construction start date Estimated Month Day Year completion date I declare under penalty of perjury /n the second degree that the statements made In this application are true and complete to the best of my knowledge Signature of owner partner or corporate officer T T Title of corporate officer Date "v IN I vy lio n Dr,LV W 1 Y11J LINF Section 00670 Page 2 Special Notice Contractors who have completed this application in the past please note the following changes in procedure The Department will no longer issue individual Certificates of exemption to subcontractors Only prime contractors will receive a Contractors Exemption Certificate on exempt projects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the protect and complete it by filling in the subcontractors 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 contractors place of business for a minimum of three years and be available for inspection in the event of an audit Once an 89# has been assigned to you please use the next five numbers following it for any applications submitted for future protects 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 succeeding 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 3 Section 00670 Page 4 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 str king through text that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 1 DEFINITIONS 1 2 PRELIMINARY MATTERS 3 1 1 Addenda 1 2 1 Delivery of Bonds 3 1 2 Agreement 1 22 Copies of Documents 3 1 3 Application for Payment 1 23 Commencement of Contract 14 Asbestos 1 Times Notice to Proceed 3 1 5 Bid 1 24 Starting the Work 3 1 6 Bidding Documents 1 25 27 Before Starting Construction 1 7 Bidding Requirements I CONTRACTOR s Responsibility 1 8 Bonds 1 to Report Preliminary Schediles 19 Change Order 1 Delivery of Certificates of 110 Contract Documents 1 Insurance 34 1 11 Contract Price 1 28 Prei,onstruction Conference 4 1 12 Contract Times 1 29 Initially Acceptable Schedules 4 113 CONTRACTOR I 1 14 defective 1 3 CONTRACT DOCUMENTS INTENT 1 15 Drawings I AMENDING REUSE 4 1 to Effective Date of the Agreement 1 3 1 32 Intent 4 1 17 ENGINEER 1 33 Reference to Standards and Speci 1 18 ENGINEERS Consultant l fications of Technical Societies 1 19 Field Order 1 Reporting and Resolving Dis 1 20 General Requirements 2 crepancies 45 1 21 Hazardous Waste _ 34 Intent of Certain Term s or 1 22 a Laws and Regulations Laws or Adjectives 5 Regulations 2 35 Amending Contract Docun ents 5 122 b Legal Holidays 2 36 Supplementing Contract 123 Liens 2 Documents 5 1 24 Milestone 2 3 7 Reuse of Documents S 1 25 Notice of Award 2 t 26 Notice to Proceed 2 4 AVAILABILITY OF LANDS 127 OWNER 2 SUBSURFACE AND PHYSICAL CONDITIONS 1 28 Partial Utilization 2 REFERENCE POINTS 5 129 PCBs 2 41 Availability of Lands 5 6 1 30 Petroleum 2 42 Subsurface and Physical 131 Project 2 Conditions 6 1 32 a Radioactive Material 2 42 1 Reports and Drawings 6 1 32 b Regular Working Hours 2 42 2 Limited Reliance by CONTRAC 1 33 Resident Project Representative 2 TORAuthorized Technical 134 Samples 2 Data 6 1 35 Shop Drawings 2 42 3 Notice of Differing Subsurface 136 Specifications 2 or Physical Conditions 6 137 Subcontractor 2 424 ENGINEERS Review 6 1 38 Substantial Completion 2 42 5 Possible Contract Documents 1 39 Supplementary Conditions 2 Change 6 1 40 Supplier 2 426 Possible Price and Times 1 41 Underground Facilities 2 3 Adjustments 6 7 142 Unit Price Work 3 43 Physical Conditions Underground 143 Work 3 Facilities 7 1 44 Work Change Directive 3 43 1 Shown or Indicated 7 1 45 Written Amendment 3 43 2 Not Shown or Indicated 7 44 Reference Points 7 EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4 ) Asbestos, PCBs Petroleum 625 Submittal Proceedures CON Hazardous Waste or TRACTOR s Review Prior Radioactive Material 7 8 to Shop Drawing or Sample Submittal 16 5 BONDS AND INSURANCE 8 626 Shop Drawing S Sample Submit 5 1 5 2 Performance Payment and Other talc Review by ENGINEER 16 17 Bonds 8 627 Responsibility for Variations 53 Licensed Sureties and Insurers From Contract Documents 17 Certificates of Insurance 8 628 Related Work Performed Prior 54 CONTRACTORS Liability to ENGINEERS Review and Insurance 9 Approval of Required 55 OWNER s Liabi ltty Insurance 9 Submittals 17 56 Property Insurance 9 10 629 Continuing the Work 17 57 Boiler and Machinery or Addi 6 30 CONTRACTORS General tional Property Insurance 10 Warranty and Guarantee 17 5 8 Notice of Cancellation Provision 10 631 633 Indemnification 17 18 59 CONTRACTOR s Responsibility 634 Survival of Obligations 18 for Deductible Amounts 10 510 Other Special Insurance 10 7 OTHER WORK 18 5 11 Waiver of Rights 11 7 1 7 3 Related Work at Site 18 5 12 5 13 Receipt and Application of 74 Coordination 18 Insurance Proceeds 10 11 5 14 Acceptance of Bonds and Insm 8 OWNER S RESPONSIBILITIES 18 ante Option to Replace I 8 l Communications to CON 5 15 Partial Utilization Property TRACTOR 18 Insurance 11 82 Replacement of ENGINEER 18 81 Furnish Data andPay Promptly i CONTRACTORS RESPONSIBILITIES 11 When Due 18 6 1 6 2 Supervision and Superintendence 11 84 Lands and Easements Reports 63 6 5 Labor Materials and Equipment 11 12 and Tests 18 19 66 Progress Schedule 12 8 5 Insurance 19 67 Substitutes and Or Equal Items 86 Change Orciers 19 CONTRACTORS Expense 87 Inspections Tests and Substitute Construction Approvals 19 Methods or Procedures 8 8 Stop or Suspend Work ENGINEER s Evaluation 1213 Terminate C,ONTRACTORs 68 6 11 Concerning Subcontractors Services 19 Suppliers and Others 8 9 Limitations on OWNERS Waiver of Rights 13 14 Responsibilities 19 6 12 Patent Fees and Royalties 14 8 10 Asbestos PCBs Petroleum 6 13 Permits 14 Hazardous Waste or 6 14 Laws and Regulations 14 Radioactive Material 19 6 15 Taxes 14 15 8 11 Evidence of Fuiancal 616 Use of Premises 15 Arrangements 19 6 17 Site Cleanliness 15 6 18 Safe Structural Loading 15 9 ENGINEERS STATUS DURING 619 Record Documents 15 CONSTRUCTION 19 620 Safety and Protection 1516 91 OWNER s Representative 19 6 21 Safety Representative 16 9 2 Visits to Site 19 622 Hazard Communication Programs 16 93 Project Representative 1921 6 23 Emergencies 16 9 4 C,larifications and Interpre 624 Shop Drawings and Samples 16 rations 21 95 Authorized Variations in Vdrk 2l ER.DC GENERAL CONDITIONS 1910 8 (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 96 Rejecting Defective Work 21 13 8 13 9 Uncovering Work at EN(I 9799 Shop Drawings Change Orders NEER s Request 2728 and Payments 21 1310 OWNER May Stop the Work 28 9 IO Determmatims for Unit Pni.es 21 22 13 11 Correction or Removal of 911 9 12 Decisions on Disputes ENGI Defective Work 28 NEER as Initial Interpreter 22 13 12 Correction Period 28 9 13 Limitations on EN(NEER s 13 13 Acceptance ofDefective Work 28 Authority and Responsibilities 2223 1314 OWNER May Correct Defective Work 28 29 CHANGES N THE WORK 23 101 OWNERS Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND 102 Claim for Adjustment 23 COMPLETION 29 103 Work Not Required by Contract 141 Schedule of Values 29 Documents 23 142 Application for Progress 104 Change Orders 23 Payment 29 10 5 Notification of Surety 23 143 CONTRACTORs Warranty of fitte 29 CHANGE OF CONTRACT PRICE 23 144 14 7 Review of Applications for 11 1 113 ( ontract Price Claim for Progress Payments 2930 Adjustment Value of 148 149 Substantial Completion 30 the Work 23 24 1410 Partial Utilization 30 31 11 4 Cost of the Work 24 25 1411 Final Inspection 31 11 5 Exclusions to Cost of the Work 25 14 12 Final Application for Payment 31 11 6 CONTRACTORs Fee 25 1413 14 14 Final Payment and Acceptance 31 11 7 Cost Records 25 �6 141, W atver 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 26 151 OWNER May Suspend Work 32 121 Claim for Adjustor ant 26 152154 OWNER May Terminate 32 12 2 Time of the Essence 26 1� 5 CONTRACTOR May Stop 123 Delays Beyond CONTRACTORs W ork or Terminate 3233 Control 26 27 12 4 Delays Beyond OWNERS and 16 DISPUTE RESOLUTION 33 CONTRACTORS Control 27 17 MISCELLANEOUS 33 TESTS AND INSPECTIONS CORRECTION 171 (rvmg Notice 33 REMOVAL OR ACCEPTANCE OF 172 Computation of Times 33 DFFECTIIR WORK 27 173 Notice of Claim 33 13 1 Notice of Defects 27 174 Cumulative Remedies 33 13 2 Access to the Work 27 17 5 Professional Fees and Court 13 3 Tests and Inspections Costs Included 33 CONTRACTORS Cooperation 27 176 Applicable State Laws 33 34 13 4 OWNERS Responsibilities Intentionally left blank 35 Independent Testing Laboratory 27 13 5 CONTRACTORs EXHIBIT GC A (Optional) Responsibilities 27 Dispute Resolution Agreement GC At 13 6 13 7 Covering Work Prior to Inspec 16 1 16 6 Arbitration GC Al tion Testing or Approval 27 167 Mediation GC Al EJCDC GENERAL CONDITIONS 1910 S (1990 EDMOM w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of Bonds and Insurance 5 14 defective Work 10 4 1 13 5 13 13 final payment 912, 1415 insurance 5 14 other Work, by CONTRACTOR 73 Substitutes and Or Equal Items 6 7 1 Work by OWNER 2 5 6 30 634 Access to the Lands OWNER and CONTRACTOR responsibilities 41 site related Work 72 Work 132 13 14 14 9 Acts or Omissions Acts and Omissions CONTRACTOR 69 1 9 133 ENGINEER 620 9 133 OWNER 620 89 Addenda definition of (also see definition of Specifications) (1 6 1 10 6 19) 1 1 Additional Property Insurances 57 Adjustments Contract Price or Contract Times 15 35 41 432 452 453 94 95 102104 11 12 148 151 progress schedule 66 Agreement definition of 12 All Risk insurance policy form 562 Allowances Cash 11 8 Amending Contract Documents 3 5 Amendment Written in genet at 1 10 145 3 5 5 10 5 12 6 6 2 682 619 101 104 112 121 13122 1472 Appeal OWNER or CONTRACTOR intent to 910 911 104 162 165 Application for Payment definition of 1 3 ENGINEERS Responsibility 99 final payment 9 13 4 9 13 5 14 12 14 b in general 28 29 5 6 4 9 10 155 progress payment 141 147 review of 144 147 Arbitration 161 166 Asbestos claims pursuant thereto 4 52 4 5 3 CONTRACTOR authorized to stop Work 45 2 definition of 14 Article or Paragraph Number OWNER responsibility for 45 t 8 10 passible price and times change 4 5 2 Authorized Variations in Work 3 6 6 25 6 27 4 5 Availability of Lands 41 84 award Notice of defined 1 25 Before Starting Construction 2 5 28 Bid definition of 15 (1 1 1 10 2 3 3 3 4264 613 1143 1191) Bidding Documents definition of 16(682) Bidding Requirements definition of 1 7 (1 1 4 2 6 2) Bonds acceptance of 5 14 additional bonds 105 11459 Cost of the Work 1154 definition of 1 8 delivery of 21 5 1 final Application for Payment 1412 1414 general l 10 51 5 3 5 13 913 105 1476 Performance Payment and Other 5 1 52 Bonds and Insurance in general 5 Builders risk all risk policy form 5 6 2 Cancellation Provisions Insurance 54 11 58 5 15 ( ash Allowances 11 8 Certificate of Substantial Completion 139 63023 148 1410 Certificates of Inspection 013 4 13 5 14 12 Certificates of Insurance 2 7� 3 5 411 54 13 565 58 514 9 13 4 1412 Change in Contract Price Cash Allowances it 8 clam for price adjustment 4 1 4 2 6 4 5 S 15 6 8 2 9 4 95 911 102 105 11 2 139 1313 1314 147 151 15 :1 CONTRACTORS fee 116 Cost of the Work general 11 4 It 7 Exclusions to it 5 Cost Records 11 7 ingeneral 119 144 911 to42 1043 11 Lump Sum Pricing 11 3 2 Notification of Surety 105 Scope of 103 104 Testing and Inspection Uncovering the Work 139 EICDC GENERAL CONDITIONS 1910 8 0990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Wort. Article or Paragraph Number Value of Work Change in Contract Times Claim for tunes adjustment 41 426 45 682 94 95 911 102 105 13 9 13 13 13 14 14 7 15 1 Contractual time tun its Delays beyond CONTRACTORS control Delays beyond OWNERS and CONTRACTORS control Notification of surety Scope of change Change Orders Acceptance ofDefecnve Work Amending Contract Documents Cash Allowances Change of Contract Price Change of Contract Times Changes in the Work CONTRACTORS fee Cost of the Work Cost Records definition of emergencies FNGINEER s responsibility 98 execution of Indemnifiction 612 Insurance Bonds and OWNER may terminate OWNERS Responsibility Physical Conditions Subsurface and Underground Facilities Record Docum e its Scope of Change Substitutes Unit Price Work value of Work covered by Changes in the Work Notification of surety OWNER s and CONTRACTORS responsibilities Right to an adjustment Scope of change Claims against CONTRACTOR against ENGINEER against OWNER Change of Contract Price Change of Contract Times CONTRACTORS 4 71 94 95 911 112 119 121 139 151 155 CONTRACTORS Fee 116 Article or Paragraph Number 113 CONTRACTORS lability 54 6 12 Cost of the Work 5 15 Decisions on Disputes 121 Dispute Resolution 155 Dispute Resolution Agreement 122 ENGINEER as initial rntetpretor Lump Sum Pricing 123 Nonce of 124 105 103104 13 13 35 11 8 12 10 116 114 11 7 11 7 19 023 104 112 121 104 616 631633 5 10 5 13 105 15 2 154 86 104 42 432 619 103104 673 682 119 113 10 105 104 102 103104 94 94 616 632 632 112 121 102 148 173 616 631 114 115 911 912 161 161 166 OWNERS 94 95 911 102 11 121 139 1313 1314 OWNER s liability OWNER may refuse to make payment Professional Fees and Court Costs Included request for formal decision on Substitute Items Time Extension Time requirements Unit Price Work Value of 911 1132 173 2 11 9 173 55 147 175 911 6712 121 911 121 1193 113 Waiver of on Final Payment 14 14 14 U Work Change Directive 102 written notice required 911 11 2 12 1 Clarifications and Interpretations 3 6 3 94 9 11 Clean Site o 17 Codes of Technical Society Organization or Association 3 3 3 Commencement of Contract Times 2 3 Communications general 62 o92 81 Hazard Communication Programs 622 Completion Final Application for Payment 1412 Final Inspection 1411 Final Payment and Acceptance 14 13 1414 Partial Utilization 1410 Substantial Completion 1 38 148 141) Waiver of Claims 14 15 Computation of Tim es 17 2 l 17 2 2 Concerning Subcontractors Suppliers and Others 6 8 6 11 Conferences initially acceptable schedules 29 preconstruction 28 Conflict Error Ambiguity Discrepancy CONTRACTOR to Report 25 3 3 2 Construction before starting by CONTRACTOR 2527 Construction Machinery Equipment etc 64 Continuing the Wort. 629 104 Contract Documents Amending 35 Bonds 5 l EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV W99) CITY OF FORT COLLINS COLORADO HORSETOOTH/ZIEGLER ROUNDABOUT 119 EE6 ENGINRING DIVISION GRADING PLAN Cash Allowances 11 8 Stop Work requirements 452 CONTRACTORS — Article or Paragraph Number Change of Contract Price I I Change of Contract Times 12 Changes in the Work 104 105 check and verify 25 Clarifications and Interpretations 32 36 94 9 11 definition of 1 10 ENGINEER as initial interpreter of 911 ENGINEER as OWNER s representative 91 genera13 Insurance 3 Intent 3 1 34 minor variations in the Work 36 OWNERS responsibility to furnish data 83 OWNER s responsibility to make prompt payment 93 144 14 13 precedence 1 33 3 Record Documents 619 Reference to Standards and Specifications of Technical Societies 3 3 Related "ork 7 2 Reporting and Resolving Discrepancies 2 5 3 3 Reuse of 3 7 Supplementing 3 6 Termination of ENGINEERs Employment 8 2 Unit Price Work 11 9 variations 36 623 627 Visits to Site ENGINEERS 92 Contract Rice adjustment of 35 4 1 9 4 10 3 11 2 113 Change of 11 Decision on Disputes 911 definition of 1 11 Contract Times adjustm ent of 35 4 1 94 103 12 Change of 12 1 124 Commencement of 23 definition of 1 12 CONTRACTOR Acceptance of Insurance 5 14 Communications 62 6 9 2 Continue Work 629 104 coordination and scheduling 692 definition of 1 13 Limited Reliance on Technical Data Authorized 4 22 May Stop Work or Term mate I5 5 provide site access to others 72 132 Safety and Protection 43 12 6 16 6 18 621 623 72 132 Shop Drawing and Sample Review Prior to Submittal 625 vu Article or Paragraph Number Compensation It 1 112 Continuing Obligation 14 15 Defective Work 96 13 10-13 14 Duty to correct defective Work 13 11 Duty to Report Changes in the Work caused by Emergency 623 Defects in Work of Others 73 Differing conditions 423 Discrepancy in Documents 2 5 332 6 142 Underground Facilities not indicated 432 Emergencies 623 Equipment and Machinery Rental Cost of the Work 11 4 5 3 Fee Cost Plus 11 4 5 6 115 1 11 6 General Warranty and Guarantee 630 Hazard Communication Programs 622 Indemnification 6 12 6 16 631 633 Inspection of the Work 73 134 Labor Materials and Equipment 63 65 Laws and Regulations Compliance by 6 14 1 Liability Insurance 54 Notice of Intent to Appeal 910 104 obligation to perform and complete the Work 630 Patent Fees and Royalties paid for by 6 12 Performance and Other Bonds 5 1 Permits obtained and paid for by 6 13 Progress Schedule 26 28 29 66 629 104 1521 Request for formal decisionon disputes 911 Responsibilities Changes in the Work 10 1 Concerning Subcontractors Suppliers and Others 68611 ( ontmutng the Work 629 104 CONTRACTORS expense 6 7 1 CONTRACTOR s General Warranty and Guarantee 630 CONTRACTOR s review prior to Shop Drawing or Sample submittal 625 Coordination of Work 692 Finergencies 623 ENGINEERsevaluation Substitutes or Or Equal Items 673 For Acts and Omissions of Others 691 602 913 for deductible amounts insurance 59 general 6 72 73 89 Hazardous Communication Programs 6 22 Indemnification 631 633 E1CDC oENERAL CONDITIONS 1910 a (1990 EDIDON) w/ CITY OF FORT COLLINS MODIFIC ATIONS (REV 9/99) Labor Materials and Equipment 6 3 6 5 CONTRACTORS other 7 Laws and Regulations 614 Contractual Liability Insurance 54 10 Liability Insurance 54 Contractual Time Limits 122 Article or Paragraph Article or Paragraph Numher Number Notice of variation from Contract Coordination Documents 627 CONTRACTORS responsibility 692 Patent Fees and Royalties 612 Copies of Documents 2 2 Permits 6 13 Correction Period 13 12 Progress Schedule 66 Correction Removal or Acceptance Record Documents 619 of Defective Work related Work performed prior to in general 1041 13 10 13 14 ENGINEERS approval of required Acceptance ofDefecnve Work 13 13 submittals 628 Correction or Removal of safe structural loading 6 18 Defective Work 630 13 11 Safety and Protection 620 72 132 Correction Period 13 12 Safety Representative 621 OWNER May Correct Defective Work 1314 Scheduling the Work 692 OWNER May Stop Work 1310 Shop Drawings and Samples 624 Cost Shop Drawings and Samples Review of Tests and Inspections 134 by ENGINEER 626 Records 117 Site Cleanliness 6 17 Cost of the Work Submittal Procedures 6 25 Bonds and insurance additional 11459 Substitute Construction Methods Cash Discounts 114 2 and Procedures 6 72 CONTRACTORs Fee 116 Substitutes and Or Equal Items 67 1 Employee Expenses 11 4 5 1 Superintendence 62 ExLlusions to 115 Supervision 61 General 114115 Survival of Obligations 634 Home office and overhead expenses 115 Taxes 6 15 Losses and damages 1 l 4 5 6 Tests and Inspections 135 Materials and equipment 1142 To Report 2 � Minor expenses 11 4 5 8 Use of Premises 6 16 6 18 6 30 2 4 Payroll costs on changes 11 41 Review Prior to Shop Drawing or performed by Subcontractors 11 43 Sample Submittal 625 Records 117 Right to adjustment for changes in the Work 102 Rentals of construction equipment right to claim 4 7 1 9 4 9 5 9 11 10 2 11 2 and machinery 11 4 5 3 119 12 1 13 9 14 8 15 1 15 5 173 Royalty payments permits and Safety and Protection 6 20 6 22 7 2 13 , license fees 11 4 5 5 Safety Representative 621 Site office and temporary facilities 11 4 � 2 Shop Drawings and Samples Submittals 624 629 Special Consultants CONTRACTOR s 1144 Special Consultants 1144 Supplemental 11 45 Substitute Construction Methods and Procedures 6 7 Taxes related to the Work 11454 Substitutes ind Or Equal Items Tests and Inspection 134 Fxpense 67 1 672 Trade Discounts 1142 Subcontractors Suppliers and Others 6 8 6 1 I Utilities fuel and sanitary fauhttes 11457 Supervision and Superintendence 61 62 621 Work after regular hours 11 4 1 Taxes Payment by 6 15 Covering Work 13 6 13 7 Use of Premises 616618 Cumulative Remedies 174175 Warranties and guarantees 65 630 Cutting fitting and patching 7 2 Warranty of Title 143 Data to be furnished by OWNER 8 3 W ntten Notice Required Day definition of 17 2 2 CONTRACTOR stop Work or term mate U 5 Decisions on Disputes 911 912 Reports of Differmg Subsurface defective definition of 1 14 and Physical Conditions 4 2 3 defective Work Substantial Completion 148 Acceptance of 104 1 13 13 EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITICM w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of Correction Period in general Observation by ENGINEER OWNER May Stop Work Prompt Notice of Defects Rejecting Uncovering the Work 1041 13 It 1312 13 147 1411 Article or Paragraph Number Definitions Delays 4 1 629 123 Delivery of Bonds Delivery of certificates of insurance Determinations for Unit Prices Differing Subsurface or Physical Conditions Notice of FNGINEERs Review Possible Contract Documents Change Possible Price and Times Adjustments Discrepancies Reporting and Resolving 25 Dispute Resolution Agreement Arbitration genera116 Mediation Dispute Resolution Agreement Disputes Decisions by ENGINEER Docum ents Copies of Record 6 19 Reuse of Drawings definition of Easements Effective date of Agreement definition of Emergencies ENGINEER 92 13 10 13 1 96 138 1 124 21 27 9 IO 423 424 425 426 332 6142 16 1 166 161 165 166 161 166 911912 22 37 1 15 41 1 16 623 as initial interpreter on disputes 9 11 v 12 definition of 1 17 Limitations on authority and responsibilities 9 13 Replacement of 82 Resident Project Representative 93 ENGINEER s Consultant definition of 1 18 ENGINEERS authoritv and responsibility limitations on 9 13 Authorized Variations in the Work 95 Change Orders responsibility for 97 10 11 12 Clarifications and Interpretations 3 6 3 94 Decisions on Disputes 911 912 defective Work notice of 13 1 Evaluation of Substitute Items 673 Liability 632 912 Notice Work is Acceptable 14 13 Observations 6 30 2 92 OWNERS Representative 91 Payments to the CONI RACTOR, Responsibility for 99 14 Recommendation of Payment 144 14 13 Article or Paragraph Number Responsibilities Limitations on 9 11 013 Review of Reports on Differing Subsurface and Physical Conditions 424 Shop Drawings and Samples review responsibility 626 Status During Construction authorized variations in the Work 95 Clarifications and Interpretations 94 Decisions on Disputes 9 11 9 12 Determinations on Unit Price 910 ENGINEER as Initial Interpreter 9 11 9 12 ENGINEERS Responsibilities 9 1 9 12 Limitations on ENGINEERS Authority and Responsibilities 913 OWNER s Representative 91 Project Representative 93 Rejecting Defective Work 96 Shop Drawings Change Orders and Payments 9 7 9 9 Visits to Site 92 Unit Price determinations 9 l0 Visits to Site 92 Written consent required 72 9 1 Equipment Labor Materials and 63 65 Equipment rental Cost of the Work 114 53 Equivalent Materials and Equipment 67 error or omissions 633 Evidence of Financial Arrangements 8 11 Explorations of physical conditions 4 2 1 Fee CONTRACTORS Costs Plus 116 Field Order definition of 1 19 issued by ENGINEER 36 1 95 Final Application for Payment 14 12 Final Inspection 1411 Final Payment and Acceptance 14 13 14 14 Prior to for cash allot nces 11 8 General Prot isions 173 174 General Requirements definition of 1 20 principal references to 26 64 6667 624 Gn ing Notice 171 Guarantee of Work by CONTRACTOR 630 1412 Hazard Communication Programs 622 Hazardous Waste definition of 1 21 general 45 OWNERS responsibility for 8 t0 FJCDC GENERAL CONDITIONS 1910 s (1990 i D1,10M -/ CITY OF FORT COLONS MODIFICATIONS (REV 9 99) Indemnification 612, 616 631 633 Insurance 53 Initially Acceptable Schedules 29 Precedence 3 1 3 3 3 Inspection Reference to 331 certificates of 9 13 4 13 5 14 12 Safety and Protection 620 132 Final 1411 Subcontractors Suppliers and Others 68611 Article or Paragraph Article or Paragraph Number Number Special required by ENGINEER 9 6 felts and Inspections 135 Tests and Approval 87 13 3 134 Use of Premises 6 16 Insurance Visits to Site 9 2 Acceptance of by OWNER 5 14 Liability Insurance Additional required by changes CONTRACTORS 54 in the Work 11 4 5 9 OWNERS 55 Before starting the Work 27 Licensed Sureties and Insurers 53 Bonds and in general 5 Liens Cancellation Provisions 5 8 Application for Progress Payment 142 Certificates of 2 7 5 5 3 5 4 11 5 4 13 CONTRACTOR s Warranty of Title 143 5 6 5 5 8 5 14 9 13 4 14 12 Final Application for Payment 14 12 completed operations 54 13 definition of 1 23 CONTRACTORS Liability 54 Waiver of Claims 14 15 CONTRACTORS objection to coverage 5 14 Lunitations on ENGINEERS authority and Contractual Liability 54 10 responsibilities 913 deductible amounts CONTRACTORS Limited Reliance by CONTRACTOR responsibility 5 9 Authorized 4 2 2 Final Application for Payment 14 12 Mamtenance and Operating Manuals Licensed Insurers 53 Final Application for Payment 1412 Notice requirements material changes 58 105 Manuals (of others) Option to Replace 5 14 Precedence 3 3 8 1 other special insurances 5 10 Reference to in Contract Documents 33 1 OWNER as fiduciary for insureds 5 12 5 13 Materials and equipment OWNERS Liability 5 5 furnished by CONTRACTOR o 3 OWNER s Responsibility 83 not incorporated in Work 142 Partial Utilization Property Insurance 5 15 Materials or equipment equivalent 67 Property 56 5 10 Mediation (Optional) 167 Receipt and Application of Insurance Milestones definition of 1 24 Proceeds 5 12 5 13 Miscellaneous Special Insurance 5 10 Computation of Times 172 Waiver of Rights 511 Cumulative Remedies 174 Intent of Contract Documents 3 1 3 4 C ivuig Notice 171 Interpretations and Clarifications 3 6 3 9 4 Notice of Claim 173 Investigations of physical conditions 4 2 Professional Fees and Court Costs Included 175 Labor Materials and Equipment 6 3 6 Multi prime contracts 7 Lands Not Shown or Indicated 4 3 2 and Easements 8 4 Notice of Ao, adabdity of 4 1 8 4 Acceptability of Project 1413 Reports and Tests 8 4 Award definition of 1 25 Laws and Regulations Laws or Regulations Claim 173 Bonds 5 1 5 2 Defects 13 1 Changes in the Work 10 4 Differing Subsurface or Physical Conditions 423 Contract Documents 31 Giving 171 CONTRACTOR s Responsibilities 614 Correction Period, defective Work 13 12 Tests and Inspections 133 Cost of the Work taxes 11 4 5 4 Variation, Shop Drawing and Sample 627 definition of ] 22 Notice to Proceed general6 14 definition of 1 26 Indemnification 6 31 6 33 giving of 2 3 x E1CDC GENERAL CONDITIONS 1910 3 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 919fa Notification to Surety 105 Observations by ENGINEER 630 92 Occupancy of the Work 5 15 6 30 2 4 14 10 Omissions or acts by CONTRACTOR 69 913 Open Peril policy form Insurance 562 Option to Replace 5 14 Article or Paragraph Number Or Equal Items 67 Other work 7 Overtime Work prohibition of 63 OWNER Acceptance of defective Work 13 13 appoint an ENGINEER 82 as fiduciary 5 12 5 13 Availability of Lands responsibility 41 definition of 127 data furnish 83 May Correct Defective Work 1314 May refuse to make payment 147 May Stop the Work 13 10 May Suspend Work Terminate 88 13 10 15 1 154 Payment make prompt 83 144 14 13 performance of other work 7 1 permits and licenses requirements 613 purchased insurance requirements 56 5 10 OWNERs- Acceptanceof the Work Change Orders obligation to execute Communications Coordination of the Work Disputes request for decision Inspections tests and approvals Liability Insurance Notice of Defects Representative During Construction ENGINEERS Status Responsibilities Asbestos PCBs, Petroleum Hazardous Waste or Radioactive Material Change Orders Changes in the Work communications CONTRACTOR s responsibilities evidence of financial arrangements inspections tests and approvals 6302 5 86 104 81 74 911 87 134 55 131 insurance lands and easements prompt payment by replacement of ENGINEER reports and tests stop or suspend Work 88 13 10 term mate CONTRACTOR s 91 8 10 86 101 8l 89 8 11 87 85 84 83 82 84 151 services 88 152 separate representative at site 93 testing independent use or occupancy of the l4 oik written consent or approval required 134 515 63024 1410 91 63 114 ErCDC GENERAL CONDITIONS 1910 80990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (RE% 9199) Article or Paragraph Number written notice required 71 94 911 It 119 147 154 PCBs definition of 129 general 45 OWNERS responsibility for 810 Partial Utilization definition of 128 general 6 30 2 4 14 10 Property Insurance 5 15 Patent Fees and Royalties 6 12 Payment Bonds 5 1 D 2 Payments Recommendation of 144 147 14 13 Payments to CONTRACTOR and Completion Application for ProgressPayments 142 (,ONTRACTORs Warranty of Title 143 Final Application for Payment 14 12 Final Inspection 14 11 Final Payment and Acceptance 1413 14 14 general 83 14 Partial Utilization 1410 Retamage 142 Review of Applications for Progress Payments 144147 prompt payment 83 Schedule of Values 141 Substantial Completion 148149 Waiver of Claims 14 15 when payments due 144 14 13 withholding payment 147 Performance Bonds 5 1 5 2 Penn its 613 Petroleum definition of 130 general 45 OWNERS responsibility for 8 10 Physical Conditions Drawings of in or relating to 4 2 1 2 ENGINEER s review 424 existing structures 422 general 2 1 2 Notice of Differing Subsurface or 4 2 3 Possible Contract Documents Change 4 2 5 Possible Price and Times Adjustments 426 Reports and Drawings 42 1 Subsurface and 42 Subsurface Conditions 42 11 Technical Data Limited Reliance by CONTRACTOR Authorized 422 Underground Facilities general 43 Not Shown or Indicaed 432 Protection of 43 620 xu Article or Paragraph Number Shown or Indicated 4 3 1 Technical Data 4 2 2 Preconstrucnon Conference 2 8 Preliminary Matters 2 Preliminary Schedules 26 Prem uses Use of 6 16 6 18 Price Change of Contract I I Price Contract definition of I I I Progress Pavement, Applications for 142 Progress Payment retainage 142 Progress schedule CONTRACTORS 26 28 29 66 629 104 1521 Project definition of 1 31 Project Representative ENGINEERS Status During Construction 93 Project Representative Resident definition of 133 prompt payment by OWNER 8 3 Property Insurance Additional 57 general5 6 5 10 Partial Utilization G 15 14 102 receipt and application of proceeds 5 12 5 13 Protection Safety and 620621 132 Punch list 14 11 Radioactive Material defmtion of 1 32 general4 5 OWNERS responsibility for 810 Recommendation of Payment 144 14 5 1413 Record Documents 6 19 14 12 Records procedures for maintaining 28 Reference Points 44 Reference to Standards and Specifications of Technical Societies 3 3 Regulations Laws and (or) 614 Rejecting Defective Work 96 Related Work at Site 7 1 7 3 Performed prior to Shop Drawings and Samples submittals review 628 Remedies cumulative 174 175 Removal or Correction ofDefechve Work 13 11 rental agreements OWNER approval required 11 45 3 replacement of ENGINEER, by OWNER 92 Reporting and Resolving Discrepancies 15 3 3 2 6 142 Reports and Drawings 4 2 1 and Tests OWNERS responsibility 84 Resident and Project Representative definigon of 1 33 provision for 93 EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV W99) Article or Paragraph Number Resident Superintendent CONTRACTORS 62 Responsibilities CONTRACTORS in general 6 ENGINEER s in general 9 Limitations on 913 OWNERS in general 8 Retamage 142 Reuse of Docum ents 3 7 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal 625 Review of Applications for Progress Payments 144 147 Right to an adjustment 102 Rights of Way 41 Royalties Patent Fees and 612 Safe Structural Loading 6 18 Safety and Protection 4 3 2 6 16 6 18 620621 72 132 general 6 20 6 23 Representative CONTRACTORS 621 Samples definition of 134 general 624 628 Review by CONTRACTOR 625 Review by ENGINEER 626 627 related Work 628 submittal of 6 24 2 submittal procedures 625 Schedule of progress 26 28 29 66 629 104 1521 Schedule of Shop Drawing and Sample Submittals 2 6 2 8 2 9 6 24 6 28 Schedule of Values 26 28 29 14 1 Schedules Adherence to 152 1 Adjusting 66 Change of Contract Times 104 Initially Acceptable 28 29 Preliminary 26 Scope of Changes 103 104 Subsurface Conditions 4 2 1 1 Shop Drawings and Samples general 624 629 Change Orders & Applications for Payments and 9 7 9 9 definition of 1 35 ENGINEER s approval of 3 6 2 ENGINEER s responsibility for review 97 624 628 related Work 628 review procedures 2 8 624628 Article or Paragraph Number submittal required Submittal Procedures use to approve substitutions Shown or Indicated Site Access Site Cleanliness Site ),Isits to by ENGINEER by others special causes of loss policy form insurance definition of Specifications defination of of Technical Societies reference to precedence Standards and Specifications of Technical Societies Starting Construction Before Starting the Work Stop or Suspend Work by CONTRACTOR by OWNER 88 Storage of materials and equipment Structural Loading Safety Subcontractor 624 1 6 2) 673 431 72 132 617 92 132 132 562 136 1 36 331 333 33 2528 24 155 13 10 Is 1 41 72 618 Concerning 68 6 11 definition of 1 37 delays 123 waiver of rights 6 11 Subcontractors in general 68 611 Subcontracts required provisions 5 11 6 11 1143 Submittals Applications for Payment 142 Maintenance and Operation Manuals 14 12 Procedures 6 25 Progress Schedules 26 29 Samples 624628 Schedule of � alues 26 14 1 Schedule of Shop Drawings and Samples Submissions 26 2829 Shop Drawings 624628 Substantial Completion certification of 63023 148149 definition of 1 38 Substitute Construction Methods or Procedures 6 72 Substitutes and Or Equal Items 6 7 CONTRACTORS Expense 67 13 ENGINEER s Evaluation 6 73 Or Equal 6 7 1 1 Substitute Construction Methods EICDC GENERAL CONDITIONS t910 S 11990 EDITION] -1 CITY OF FORT COLLINS MODIFICATIONS (REV 9199) temporary construction facilities 41 Article or Paragraph Article or Paragraph Number Number or Procedures Substitute Items Subsurface and Physical Conditions Drawings of in or relatng to ENGINEERS Review general Limited Reliance by CONTRACTOR Authorized Notice of Differing Subsurface or Physical Conditions Physical Conditions Possible Contract Documents Change Possible Price andTiines Adjustments Reports and Drawings Subsurface and Subsurface Conditions at the Site Technical Data Supervision CONTRACTOR s responsibility OWNER shall not supervise ENGINEER shall not supervise Superintendence Superintendent CONTRACTOR s resident Supplemental costs Supplementary Conditions definition of 672 Termmation 6712 by CONTRACTOR by OWNER 8 8 151 4212 424 42 422 423 4212 42� 426 421 42 4211 422 61 89 92 9132 62 62 1145 principal references to 1 10 1 18 42 43 51 53 54 511 68 613 74 811 Supplementing Contract Documents Supplier definition of principal references to 3 7 Waiver of Rights Surety 1 39 22 27 56 �9 93 910 36 140 65 68611 620 624 913 1412 6 11 consent to final payment 1412 14 14 ENGINEER has no duty to 913 Notification of 10 1 105 152 qualification of 5 1 5 3 Survival of Obligations 634 Suspend Work OWNER May 1310 151 Suspension of Wort. and Termination 15 CONTRACTOR May Stop Work or f erm mate 155 OWNER May Suspend Work 15 1 OWNER May Terminate 152154 Taxes- Payment by CONTRACTOR 615 technical Data Limited Reliance by CONTRACTOR 4 2 2 Possible Price and Times Adjustments 426 Reports of Differing Subsurface and Physical Conditions 4 2 3 x1v of ENGINEER s employment Suspension of Work in general Terms and Adjectives Tests and Inspections Access to the Work, by others CONTRACTORS responsibilities cost of 13 4 covering Work prior to Laws and Regulations (or) Notice of Defects OWNER May Stop Work OWNER s independent testing special required by ENGINEER timely notice required Uncovering the Work, at ENGINEERS request Times Adjusting Change of Contract Computation of Contract Times definition of day Milestones Requirements appeals clarifications 155 154 82 15 34 132 13 5 136 13 7 135 131 13 10 134 96 134 138139 66 12 172 1 12 1722 12 amp claims and disputes 911 11 Commencement of Contract Times Preconstruction Conterence schedules Starting the Work Title Warranty of Uncovering Work Underground Facilities Physical Conditions definition of Not Shown it Indicated protection of Shown or Indicated Unit Price Work claims definition of general 11 9 14 1 14 5 Unit Prices generall 13 1 26 29 2 12 23 28 66 24 143 139139 141 432 43 620 431 1193 142 Determination for 910 Use of Premises 616 618 63024 Utility owners 6136207173132 Utilization Partial 1 28 5 15 6 30 2 4 14 10 Value of the Work 11 3 Values Schedule of � 6 2 8 2 9 141 E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work Minor Authorized 625 627 95 Article or Paragraph Number Visits to Site by ENGINEER 92 Waiver of Claims on Final Payment 14 15 Waiver of Rights by insured parties 5 11 6 11 Warranty and Guarantee General by CONTRACTOR 630 Warranty of Title CONTRACTORS 143 Work Access to 132 by others 7 Changes in the 10 Continuing the 629 CONTRACTOR May Stop Work or Terminate 155 Coordination of 74 Cost of the 114 11 5 definition of 143 neglected by CONTRACTOR 1314 other Work 7 OWNER May Stop Work 1310 OWNER May Suspend Work 1310 U 1 Related Work at Site 7 1 7 3 Starting the 2 4 Stopping by CONTRACTOR 155 Stopping by OWNER 151 154 Variation and deviation authorized minor 36 Work Change Directive clams pursuant to 102 definition of 1 44 principal references to 35 3 10 1 102 Written Amendment definition of 145 principal references to 1 10 3 5 5 10 15 12 662 682 619 101 104 112 121 13122 1472 Written Clarifications and Interpretations 3 6 3 94 911 Written Notice Required by CONTRACTOR 71 9 10 9 11 104 112 12 1 by OWNER 910911 104 It 1314 Kv EICDC UENERAL CONDITIONS 1910 8 0990 ED11ION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9199) (This page left blank intentionally) zh EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) No Text GENERAL CONDITIONS ARTICLE I DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terns have the meanings mdicated which are applicable to both the singular and plural thereof 11 Addnda Written a graphic instruments issued prior to the opening of Bids which clarify correct or change the Biddtrg Requirements or the Contract Documents 12 4greement—The written contract between OWNER and CONTRACTOR covering the Work to be performed other Contract Documents are attached to the Agreement and made a part thereof as provided therein 13 Application for Payment The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents 14 Asbestos Any material that contains more than one percent asbestos and Is triable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration 1 5 Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed 16 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) 17 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 Omer —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an additim deletion or revision in the Work or an adjustment in the Contract Price or the Contract I Imes, issued on or after the Effective Date of the Agreement 110 Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents) CONTRACTORs 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 EICDC GENERAL CONDITIONS 1910-8 (1990 Eddim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 40000) same are more specifically identified in the Agreement together with all Written Amendments Change Orders, Work Change Directives, Field Orders and ENGINEERS mitten 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 111 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 119 1 in the case of Unit Price Work) t 12 Contract Times —The numbers of days or the dates stated in the Agreement (I) to achieve Substantial Completion, and (it) to complete the Work so that it is ready for final payment as evidenced by ENGINEERS written recommendation of final payment in accordance with paragraph 14 13 1 13 CONTRACTOR The person, firth or corporation with whom OWNER has entered into the Agreement 1 14 dkfectrve—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 ENGINEERS recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance aith paragraph 14 8 or 14 10) I I� Drawings The drawings which show the scope extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defined 116 Efechve Date of Hie 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 117 ENGLVEER—The person, firm or corporation named as such in the Agreement 1 18 ENGINEER s Consultant A person, firm or corporation having a contract with ENGINEER to formal, services as ENGINEERS independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 119 Field Order —A written order issued ENGINEER which orders minor changes in the Work accordance with paragraph 9 5 but which does not involve a charge in the Contract Price or the Contract Times 120 General Requirements —Sections of Division I of the Specifications 121 Hazardous Waste—Thetenn Hazardous Waste shalt have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time 122 a Laws and Regulations Laws or Regulations Any and all applicable laws, rules, regulations, ordinances codes and orders of any and all governmental bodies agencies, authorities and courts havuigjunsdnction 122 b Legal Holidays shall be those holidays observed by the Gity of Fort Collins 123 Liens Liens charges security interests or encumbrances upon real property or personal property 124 Wilesione A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work 125 Notice ofRward A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified OWNER will sign and deliver the Agreement 1 26 Nonce to Proceed- A written notice given by OWNER to CONTRACTOR (with a cope to ENGINEER) tisring the date on which the Contract Times will commence to run and on wfuch CONTRA( TOR shall start to perform CONTRACTORS obligations under the Contract Documents 127 OWNER —The public body or authority corporation, association, funs or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128 Partial Uhlization—Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) pnor to Substantial Completion of all the Work 129 PCBs—Polychlonmted bipheny, is 130 Petroleum petroleum including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14 7 pounds per square inch absolute) such as oil petroleum fuel oil, oil sludge oil refuse gasoline kerosene and oil mixed with other non Hazardous Wastes and crude oils 1 31 Project —The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents 132 a Radioactive Uatenal—Source special nuclear or byproduct material as defined by the Atomic Energy Act of EICDC GENERAL CONDITIONS 191" (1990 Ed tim) w/ CITY OF PORT COLLINS MODIFICATIONS (REV 40000) 1954 (42 USC Section 2011 et seq) as amended from time to Lime 1 32 b Rerular Worlatte Hours- Regular working hours are defined as 7 OOam to 6 00pm unless otherwise specified in the General Requirements 133 Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof 134 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 drawing% diagrams dlushations, 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 136 Specicahons—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 138 Substantial Completion The Work (or a specified part thereof) has progressed to the point where in the opinion of ENGINEER as evidenced ENGINEERS definitive certificate of Substantial Completion, it is sufficiently complete in accordance with the Contract Documents so that the Work (or specified Fart) can be mthzed for the purposes for which it v; intended or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEERS written recommendation of final payment in accordance with pzragmph 14 13 The terms substantially complete and substantially completed as applied to all or part of the Work refer to Substantial Completion thereof 139 Supplementary Conduhons—The part of the Contract Documents which amends or supplements these Geneml Conditions 140 Suppher—A manufacturer fabricator supplier distributor materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to f nush materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor 141 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 furmsh any of the following services or materials electricity gases, steam llgtud petroleum Products, telephone or other communications, cable television sewage and drainage removal, traffic or other control systems or water 1 4,. Unit Price Work —Work to be paid for on the basis of unit prices 143 Work The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents Work includes and is the result of performing or furnishing labor and furmslung and incorporating materials and equipment into the construction and performing or fumislvng services and fttnushing documents all as required by the Contract Documents 144 Work Change Dhrechve—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 paragraph42 or 43 or to emergencies under paragraph623 A Work Change Directive will not change the Contract Price or the Contract Times, but is etidence that the parties expect that the change duetted 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 Tunes as provided in paragraph 10 2 1 45 Wntren 4membneni 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 nonengineenng or nontechnical rather than strictly construction related aspects of the Contract Documents ARTICLE 2—PRELIMINARY MATTERS Delivery of Bondy 21 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furmsh in accordance with paragraph 5 1 Copies ofDoeuments 22 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary far the execution of the Work Additional copies Will be furnished, upon request at the cost, of reproduction Commene mem of Contract Times Notice to Proceed 23 The Contract Times will commence to nut on the thmneth day after the Effective Date of the Agreement, or EICDC GENERAL CONDITIONS 19104 (1990 Edd,au w CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) of a Nonce to Proceed is given, on the day indicated in the Nonce to Proceed A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement In no aeenarene. to isiii law "I a[ l Starting the Work 24 CONTRACTOR shall start to perform the Work on the date when the Contract Tunes commence to run, but no Work shall be done at the site prior to the date on which the Contract Tunes commence to run Before Starting Conshuehon 25 Before undertaking each part of the Work CONTRACTOR shall carefiilly study and compare the Contract Documents and check and verity 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 mterpretation or clarification from ENGINEER before prmeedmg with any Work affected thereby however CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 26 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements) CONTRACTOR shall submit to ENGINEER for review 261 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 tunes for submittug reviewing and processing such submittal 2621 In no case will a schedule be acceptable which allows less than 71 calendar Con for each review by Enaineer 263 A prelimmary 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 appropnate amount of overhead and profit applicable to each item of Work 27 Before any Work at the site is started CONTRACTOR and-GAW shall each deliver to the either OWNER, wi.,.,th copies to each-nddtHenal—irrwred Ident] ,I in .he c.te... �a ENGINEER, certificates of insurance (and other evidence of insurance reeseaaby--regxest requested by OWNER) which CONTRACTOR ^-a ^'ir..rvn -^ [,,; '= is required to purchase and maintain in accordance with paragraphs 5 4 5 6 mid 5-7 P),eeonstruetion Conference 28 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 26 Procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records Initially Acceptable Schedules 29 Unless otherwise provided in the (.ontmet Documents at least _ days befe before any work at the site be¢vus, a conference attended by CONTRACTOR, ENGINEER and others as apprepnafe desimated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2 6 and Division 1 General Requirements CONTRACTOR shall have an additronal ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR unul 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 Bork to completion within any specified Milestones and the C on tract Tames, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR lbom CONTRACTORS full responsibility therefor CONTRACTORS schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTORS schedule of values will be acceptable to FNGINEER as to form and substance ARTICLE 3 CONTRACT DOCUMENTS INTENT AMENDING REUSE Intent 31 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 32 It is the intent of the Contract Documents to EJCDC GENERAL CONDITIONS 191" (1990 Ed,.) w CITY OF FORT COLLINS MODIFICATIONS (REV 42000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents Any Work materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to Produce the intended result will be furnished and perforated whether or not specifically called for When words or phrases which have a well known technical or construction industry or trade meaning are used to describe Work materials or equipment, such words or phrases shall be interpreted in accordance with that meaning Clanfrcanons and interpretations of the Contract Documents shall be issued by ENGINEER as prop ided in paragraph 9 4 33 Reference to Standards and Specifications of Technical Socteties Reporting and Resolving Discrepancies 33 1 Reference to standards speoifications 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 ineffect at the time of opening of Bids (or on the Etf xtive 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 refetred to m paragraph 6 s CONTRACTOR shall report it to ENGINEER in writing at once and, CONTRACTOR shall not proceed with the "ork affected thereby (except in an emergency as authorized by paragraph 623) 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 36 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 I the provisions of any such standard, specification, manual, code or instruction (whether or not specifically mcorporated by reference in the Contract Documents) or 3 3 3 2 the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the Provisions of the Contract Documents would result in violation of such Law or Regulation) No provision of any such standard specification, manual code or instruction shall be effective to change the duties and responsibilities of OWNER CONTRACTOR or ENGINEER, or any of their subcontractors, consultants agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER ENGINEER or any of ENGINEERS Consultants, agents or employees any duty or authority to supervise or direct the famishing of 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 34 Whenever in the Contract Documents the terms as ordered as directed as required as allowed as approNed a terms of like effect or airport are used, or the adjectives reasonable suitable acceptable proper or satisfactory or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work it is intended that such requirement direction, review or judgment will be solely to evaluate in general the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise) The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility contrary to the prof isiom of paragraph 9 13 or any other provision of the Contract Documents Amending and Supplementing Contract Documents 35 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 51 a formal Written Amendment, 3 5 2 a Change Order (pursuant to paragraph 104) or EJCDC GENERAL CONDITIONS 1910E (1990 ENna) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 3 5 3 a Work Change Directive (pursuant to paragraph 10 1) 36 In addition, the requirements of the Contract Documents may be supplemented and mmor variations and deviations in the Work may be authorized, in one or more of the following ways 36 1 A Field Order (pursuant to paragraph 9 5), 362 ENGINEER s approval of a Shop Drawing or Sample (pursuant to paragraphs 6 26 and 6 27) or 363 FNGINEERs written interpretation or clarification (pursuant to paragraph 9 4) Reuse ofDoeuments 37 CONTRACTOR and any Subcontractor or Supplier or other person or orgamzation performing or finushing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights many of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEERs Consultant and (it) shall not reuse any of such Drawings Specifications other documents or copies on eMensions 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 4vadabihty of Lands 41 OWNER shall furiush, as indicated in the Contract Documents, the lands upon which the Work is to be performed, nghtsof way and easements for access thereto and such other lands which are designated for the use of CONTRACTOR OWNER *All _ _ OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so punished with which CONTRACTOR will have to comply in performing the Work Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price a the Contract Times as a result of any delay in OWNERS furnishing these lands, rights -of way or easements CONTRACTOR may make a claim therefor as provided in Articles I 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 42 Subsurface and Physical Conditions 42 1 Reports and Dramngs Reference is made to the Supplementary Conditions for identification of 4 2 1 1 Subsurface ConaMons Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been uultzed by ENGINEER in preparing the Contract Documents and 4 2 12 Physical Confitions Those drawings of physical conditions in or relating to ewsung surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have be.,n utdlzed by ENGINEER in preparing the Contract Documents 422 Limited Reliance by CONTRACTOR Authon ed 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 an the Supplementary Conditions Except for such reliance on such technical data CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGINEER s Consultants with respect to 422 1 the completeness of such reports and drawings for C.ONTRACTORs 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 mcidentthereto or 4 2 2 2 other data interpretations, opinions and information contained in such reports or shown or indicated in such drawings or 4223 any CONTRACTOR interpretation of or conclusion drawn from any technical data or any such data interpretations opimons or information 4 2 3 Notice of Differing Subsurface or Physical Con[bhons If CONTRACTOR beheles that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either 4 2 3 1 is of such a nature as to establish that any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2 1 and 4 2 2 is materially maccurate or 4232 is of such a nature as to require a change ur the Contract Documents, or 4233 differs materially from that shown or EJCDCGENERAI CONDITIONSI9103(19,,Rnn.) W CI rY OF FORT COLLINS MODIFICATIONS (REV 42000) indicated in the Contract Documems, or 4234 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 preaipOf 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 paragraph623) notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so 424 ENGINEERS 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 witting (with a copy to CONTRACTOR) of ENGINEERS findings and conclusions 425 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 426 Possible Price and Times 14ustments, 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 CONTRACTORS 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 4262 a change in the Contract Documents pursuant in paragraph 4 2 5 will not be an automatic authorization of nor a condition precedent to entitlement to anv such adjustment 4263 with respect to Work that is paid for on a L rat Price Basts, any adjustment in Contract Price will be subject to the provisions of paragraphs 9 10 and 119 and 4264 CONTRACTOR shall not be entitled to any adjustment in the Contract Rice or rime, if 42641 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 42642 the existence of such condition could reasonably have been discovered or revealed as a result of any exammation, 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 CONrRACTORs making such final commitment or 42643 CONTRACTOR faded to give the written notice within the time and as required by paragraph 4 2 3 If OWNER and CONTRACTOR are unable ro agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times a clam may be made therefor as provided in Articles 1 I and 12 However OWNER, ENGINEER and ENGINEERS Consultants shall not be liable to CONTRACTOR for any clams costs losses or damages sustained by CONTRACTOR on or in connection with anv other project or anticipated project 4.3 Physical Conrhhons—Underground Faakties 43 1 Shown or In hcated 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 43 12 The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for (1) reviewing and checking all such information and data (it) locating all Underground Facilities shown or indicated in the Contract Documents,(ui) coordination of the Work with the owners of such Underground Facilities during construction, and (tv) the safety and Protection of all such Underground Facilities as provided in paragraph 620 and repairing anv damage thereto resulting from the W ork 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, pfemptly Immediate[ y after becoming aware thereof and before further disturbing conditions affected thereby or perform mg anv W crk in connection therewith (except in an emergency as required by paragraph623) identify the owner of such Underground Facility and E1C'DC GENERAL CONDITIONS 1910-8 (1990 Edtmm) w/CITY OF FORT COLLINS MODIFICATIONS flE 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 a1 the Contract Documents to reflect and document the consequences of the existence of the Underground Facility It ENGINEER concludes that a change in the Contract Documents is required a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences During such time CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 620 CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Tunes, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 However OWNER ENGINEER and ENGNEERs Consultants shall not be liable to CONTRACTOR for any clamps, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project Reference Pointy 44 OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEERS judgment are necessary to enable ( ONTRACTOR to proceed with the Work CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel 45 Asbestos PCBs Petroleum Hazardous Waste or Radioactive Material 4 � 1 OWNER shall be responsible for any Asbestos PCBs, Petroleum Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications m identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR Subcontractors Suppliers or anvone else for whom CONTRACTOR is responsible ARTICLE 5- BONDS AND INSURANCE Performance Payment and OlherBonds 51 CONTRACTOR shall furiush Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the farthful performance and payment of all CONTRACTORS 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 Authonty as Acceptable Sureties on Federal Bonds and as Acceptable Reuisuring Companies as published in Circular 570 (amended) by the Audit Staff Bureau of Government Financial Opemtioris, US Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agents authority to act 52 If the surety on any Bond banished by CONTRACTOR is declared a bankrupt or beLMMM insolvent or its right to do business is terminated many 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 53 Licensed Sureties and Insurers Certificates of Insurance 53 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 duty 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 insrmce companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions 5 3 2 CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5 4 Old -shall nnr o n, C _d_t •_ a__ Ah -Spies to age additl I a ._...�._ .�__.__.__.. ...... s�.:vid in ad by Y and 5 7 hereof EJCDC GENERAL CONDITIONS 1910-8 (1990 Edium) w/ CITY OF FORT COLLINS MODIR CATIONS (REV 42000) CONTRACTOR s Liabibty Insurance 54 CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide Protection from clans set forth below which may arise out of or result from CONTRACTORS performance and furnishing of the Work and CONTRACTORS 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 funsh any of the Work or by anyone for whose acts any of them may be liable 5 4 1 clams under workers compensation, disability benefits and other similar employee benefit acts 542 clans for damages because of bodily injury occupational sickness or disease or death of CONTRACTORS employees 543 clans for damages because of bodily injury sickness or disease or death of any person other than CONTRACTORS employees 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 clams for damages because of bodily mpur} 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 1 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 ENGINEERS 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 addrtonal insureds 5 48 include the specitic 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 ErCDC GENERAL CONDITIONS 1910 8 (19W ENnam) w/ CITV OF FORT COLLINS MODIFICATIONS (RED 42000) 5410 include contractual liability insurance covering CONTRACTORS indemnity obligations under paragmphs 6 12 6 16 and 6 31 through 6 33 5411 ewmain 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) 5 412 remain in effect at least until final payment and at all tunes thereafter when CONTRACTOR may be connecting removing or replacing defective Work in accordance with paragraph 13 12 and 5 4 13 with respect to completed operations insurance and any insurance coverage written on a claims made basis remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final Payment and one year thereafter) OWNER v Liabibry Insurance 55 In addition to insurance required to be provided by CONTRACTOR under paragraph 5 4 OWNER at OWNERS option, may purchase and maintain at OWNERS expense OWNERS own liability insurance m will protect OWNER against clans which may arise from operations under the Contract Documents Property Insurance ��. j �pp.-11 • � ice, yi��!!_!.._.. ^ • LbN�l1>•i1i��L9r11.11f. f. > 9 OWNER shall not be responsible for purchasing and mamtammg any property insurance to protect the interests of CONTRACTOR Subcontractors or others t nak of .�.... .. _� .Ae... c,.A by GONTRW"' purcha;a and mairitim it At A Y __ _ _ ,b,*AI Q)Am to ASP —Order —nt ID EJCDCOENEkAL CONDITIONS 1910-8(1990 EdUM) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Horsetooth Ziegler Roundabout and Ziegler Road Improvements BID NO 6082 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS February 25, 2008 — 3 00 P M (OUR CLOCK) where renewal is a way of life ci. n_.nrccn r Receipt andApplicanon oflnsarance Proceeds 5 12 Any Insured loss under the policies of insurance required by pamgniphs 5 6 and 5 7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as then interests may appear subject to the requirements of arry applicable mortgage clause and of Paragraph 5 13 OWNER shall deposit in a separate account arty money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement its 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 > 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 OWNERS 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 manners � .v _e,,. ed _ _ m as ,ta,„�-g.+e--moo .o.--e. ia Acceptance of Bands and Insurance Option to Replace 514 If OWNER has any objection to the coverage afforded by or other provisions of the Beads -a insurance required to be purchased and maintained by the Cher —may CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents the OWNER will notify CONTRACTOR in writing within ten fifteen days after reseept delivery of the certificates (eEG;W-efAerewdenca regees R tq OWNER as requited by paragraph 2 7 fAh. 9.6h Raid,tional Party does Fty- ..ha ,.. a Peh sInterests at Contract -Friee-sarordmglY Partial Ulth anon —Property Insurance 5 15 If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial FJCDC GENERAL CONDITIONS 1910b (1990 Edit,.) w/ CITY OF PORT COLLINS MODIFICATIONS (REV a2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14 10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby The insurers Providing the property insurance shall consent by endorsement on the policy or policies but the property Insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy ARTICLE 6—CONTRACTOR S RESPONSIBILITIES Superveson and Supertntendenee 61 CONTRACTOR shall supernso inspect and direct the Work competently and efficiently devotmg 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 neghgence of others in the design or specification of a specific means, method technique sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents CONTRACTOR shall be responsible to see that the completed Work i.omphes accurately with the Contract Documents 62 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 CONTRACTORS representative at the site and shall have authority to act on behalf of CONTRACTOR All commumcations to the superm[endent shall be as binding as if given to CONTRACTOR Labor MatenalsandEquipment 63 CONTRACTOR shall provide competent suitably qualified personnel to survey lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all times maintain good 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 ate 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 th the ENGINEER no less than 48 hours in advance of —Work to be performed on Saturday Sunday, Holidays or outside the Reeulaz WorKim Hours 11 64 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and contains or is followed by words reading that no like assume full responsibility for all materials, equipment, labor equivalent or or equal item or no substitution is permitted, other items of material orequipment or transportation, construction equipment and machinery tools, appliances, fuel, power light heat telephone water material or equipment of other Suppliers be sanitary facilities, temporary facilities and all other accepted by ENGINEER under the following circumstances facilities and incidentals necessary for the furnishing performance testing start up and completion of the Work 6 7 I 1 'Or Equal If in ENGINEERs sole 641 Yurchasuie Restrictions CONTRACTOR discretion an Rem of material or equipment Proposed by CONTRACTOR is functionally must comply with the Citvs punhasi restnetions A n8 equal to that named and sufficiently similar so that copy of me resolutions are available for review in the offices of the no change in related Work will be required, R may —chasine and Risk Mana exent Division or the City Clerks be considered by ENGINEER as an or -"al office item in which case review and approval of the 642 Cement Restrictions City of F rt Collins discrproposed item may in ENGINEERS sole e accomplishedce tion �orc Resolution 9l 121 requires that suppliers and producers of cement or products with some all thew requirementsithout for containing cement to certify that me cement was not made in cement kilns that bum acceptance of proposed substitute items hazardouswasteasafuel 6 7 1 2 Substitute hems If m ENGINEERs sole discretion an item of material or equipment 65 All materials and equipment shall be of good proposed by CONTRACTOR does not qualify as an cr�qual item under subparagraph 6 7 1 1 R quality and new except as otherwise provided in the Contract Documents All Will be considered a proposed substitute item warranties and guarantees specifically, called for by the Specifications shall expressly CONTRACTOR shall submit sufficient information as below run to the benefit of OWNER If required by ENGINEER, provided to allow ENGINEER to determine that the item of material CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind or equipment proposed is essentially equivalent to and quality of materials and equipment All materials and that named and an acceptable substitute therefor The procedure for renew by the ENGINEER wdl equipment shall be applied, installed, connected erected used, cleaned and include the following as supplemented in the conditioned in accordance with instructions of the applicable Supplier except as otherwise General Requirements and as ENGINEER may decide is appropriate under the circumstances provided in the Contract Documents Requests for review of proposed substitute items Progress Schedule Imaterial or egmpmeat will not be accepted by ENGINEER from anyone other than 66 CONTRACTOR shall adhere to the progress CONTRACTOR If CONTRACTOR uishe to furnish or use a substitute item of material or schedule established in accordance with paragraph 2 9 as it equipment, CONTRACTOR shall first make may be adjusted from time to time as provided below written application to ENGINEER for acceptance 6 6 1 CONTRACTOR shall submit to ENGINEER thereof certifying that the proposed substitute will perform adequately the functions and aclueve the for acceptance (to the extent indicated in paragraph 2 9) proposed adjustments in the results called for by the general design be similar progress schedule that will not change the Contract Times (or in substance to that speeL ied and be suited to the same use as that specified The application will Milestones) Such adjustments will conform generally to the progress schedule then in effect and additionally state the extent, if any to which the evaluation will comply with any provisions of the General and acceptance of the proposed substitute will prejudice CONTRACTORS achievement of Requirements applicable thereto Substantial Completion on me whether or not 6 6 2 Proposed adjustments in the progress schedule acceptance of the substitute for use in the Work will require a change in any of the Contract that will change the Contract Times (or Milestones) Documents (or in the provisions of any other shall be submitted in accordance with the requirements of 121 Such direct contract with OWNER for work on the paragraph adjustments may only be made by a Change Order or Written Amendment Project) to adapt the design to the proposed in accordance with Article 12 substitute and whether or not incorporation or use of the substitute in connection with the Work is 67 Subsirufes and Or Equal Items subject to payment of any license fee or royalty All variations of the proposed substitute from that 6 7 1 Whenever an item of material or equipment m specified will be identified in the application and available maintenance repair and replacement specified or described in the Contract Documents by using the name of a propnetary item or the sen me will be indicated The application will name of a particular Supplier the specification or description is also contain an itemized estimate of all costs or credits that will result directly or indirectly from intended to establish the type function and quality required Unless the specification deseption acceptance of such substitute including costs of or redesign and clarets of other contractors affected E1CDC GENERAL CONDITIONS I910 & (1990 Emmm) 12 w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000) by the resulting change, all of which will be CONTRACTOR shall perform not less than 20 considered by ENGINEER in evaluating the percent of the Work with its own force (that i proposed substitute ENGINEER may require CONTRACTOR to furnish additionaldata about without subcontract tnot The 20 percent requirement shall be understood to refer to the Work the value of the proposed substitute wtueh totals not less than 20 percent of the Contract 6 7 13 CONTRACTOR s Expense All data to be Rice provided by CONTRACTOR it support of any 6 8 2 if rin v - Bidding proposed or -equal or substitute item will be at Documents require the identity of certain CONTRACTOR s expense Subcontractors, Suppliers or other persons or 672 Substitute Construction Methods or organizations (including those who are to fumish the principal items of materials or equipment) to be Procedures If a specific means method technique submitted to OWNER :�. cam. a,-;, �? 4`.ca sequence or procedure of constriction is shown or date prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER,—eIq" Documents, CONTRACTOR may furnish or utilize a T*iq`RAPTnn has _.b_ dlist thereof� substitute means, method, technique sequence or A procedure of construction acceptable to ENGINEER OWNERS or ENGINEERS acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER in ENGINEERS sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of 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 2 673 En ginger's Evaluation ENGINEER will be ng mill --t-•�-* the C-- -- allowed a reasonable time witlnn which to evaluate will b each proposal or submittal made pursuant to .1 bsuba.,is and an Paragraphs 6 7 12 and 6 7 2 ENGINEER will be the will sole judge of acceptability No or constitute a condition of the Contract requiring the utilized h wit without substitute will be ordered uiaccept use of the named s raractors suppliers or other ENGINEERS prior acceptance which will n e is [sons or orgammum on the Work unless prior evidenced a Change nher a Change Order or ed approved written approval is obtained from OWNER and Shop Drawing OWNER may require y ENGINEER No acceptance by OWNER or CONTRACTOR CONTRACTOR to Curush at CONTRACTORS ENGINEER of any such Subcontractor Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surety with respect to any orequat or substitute of any tight of OWNER or ENGINEER to reject ENGINEER will record tune required by defective Work ENGINEER and ENGINEERS Consultants in evaluating substitutes proposed or submitted by 69 CONTRACTOR pursuant to paragraphs 6 7 12 and 672 and in making changes in the Contract 6 9 1 CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby Whether or not ENGINEER and organizations performing or furnishing any of the accepts a substitute Item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR, CONTRACTOR shalt reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and responsible for CONTRACTORS own acts and ENGINEERS Consultants for evaluating each Such omissions Nothing in the Contract Documents shall proposed substitute item create for the benefit of any such Subcontractor 6.8 Concerning Subcontractors Suppliers and Supplier or other person or organization any contractual relationship between OWNER or Others ENGINEER and arty such Subcontractor Supplier o 681 CONTRACTOR shall not employ any other person or organization nor shall it create any obligation on the Fart of OWNER or ENGINEER to Subcontractor Supplier or other person or organization pay or to we to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor Supplier or other person or ENGINEER as indicated in paragraph 6 8 2) whether organization except as may otherwise be required by Initially or as a substitute against whom OWNER or Lawsand Regulations OWNER or ENGINEER may ENGINEER may have reasonable objection furnish [o am subcontractor suppher or other person CONTRACTOR shall not be required to employ any or organization evidence of amounts to Subcontractor Supplier or other person or organization paid CONIRACTOR in accordance with to famish or perform any of the 1A ork against whom CONTRACTORS Aophcations for Pavment CONTRACTOR has reasonable objection E1CDC GENERAL CONDITIONS 1910-8 0990 E btiml 13 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 692 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and orgamZations 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 farrushing any of the Work to communicate with the ENGINEER through CONTRACTOR 610 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Supphem or delineating the Work to be performed by any speufic trade 611 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 Whenever aity such agFeeme,; is w4h A or OF ed as CONTD A/ TlIO and the SubeentmeasE or L upplief m,a Patent Fees and Ropalhes 612 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 It a particular invention design, process product or device is speufied 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 tee a 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, ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them Gom and against all claims, costs, losses and damages arising out of or resultmg 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 EICDC GENERAL CONDITIONS 1910 a (1990 E bt,.) w1 CITY OF FORT COLLIM MODIFICATIONS (REV 40000) Penntis 613 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 foes 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 Fey 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 6.1Q Laws andRegulahons 6 14 1 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishng and performance of the Work Except where otherwise expressly required by applicable Laws and Regulations neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTORS compliance with am, Laws or Regulations 6142 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 ansing 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 CONTRACTORS obligations under paragraph 3 3 2 Taxes 615 CONTRACTOR shall pay all sales, consamer use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work 6 15 1 OWNER is exempt from Colorado State and local sales and use taxes on materials to be cernanently incorporated into the protect Said taxes shall not be included in the Contract Price Address C,olomdo Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado. 80261 Sales and Use Taxes for the State of Colorado R"e lonal Transportation Distnct (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 buildme materials physically incorporated into the project are to be card by CONTRACTOR and are to be included m appropriate bid items Use of Premises 616 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site anti 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 a of any adjacent land or areas, resulting from the performance of the Work Should any clan 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, ENGINEERS Consultant and anyone directly or indirectly employed by any of them from and against all claims costs, losses and damages ansing 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 mdemmfied hereunder to the extent caused by or based upon CONTRACTOR s performance of the W ork 617 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 618 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure nor shall CONTRACTOR subject any put of the Work or adjacent property to stresses or pressures that will endanger it Record Documents EJCDC GENERAL CONDITIONS 19I0-8 (1990 ENtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 619 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 620 CONTRACTOR shall be responsible for mitiating, maintaimng 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 6202 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 banish 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 Specificanons or to the acts or omissions of OWNER or ENGINEER or ENGINEERS Consultant or anyone employed by any of them or any one 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) 621 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 622 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 623 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 DrawingsandSamples 6 241 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 (icneral 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 identitied 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 I6 EICDC GENERAL CONDITIONS 1910E(1990 Emnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4@000) purposes required by paragraph 626 The numbers of each Sample to be submitted will be as specified in the Specifications 625. Submittal Procedures 6 25 1 Before submitting each Shop Drawing or Sample CONTRACTOR shall have determined and verified 62511 all field measurements, quantities, dmiensions, specified performance criteria mstallahon requirements, materials, catalog numbers and similar information with respect thereto 6 25 12 all materials with respect to intended use fabrication shipping handling storage assembly and installation pertaining to the performance of the Work, and 62513 all information relative to CONTRACTORS 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 CONTRACTORS obligations order the Contract Documents with respect to CONTRACTORS review and approval of that submittal 6 25 3 At the time of each submission CONTRACTOR shall give ENGINEER specific written nonce of such variations if any that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such nonce to be in a written commumcation separate from the submittal and, in addition, shall pose a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such varemon 626 ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER w required by paragmph 2 9 ENGINEERs review and approval will be only to determine if the items covered by the submittals will after installation or incorporation in the Work conform to the information given in the Contract Documents and be compatible with the design concept of the completed ProjeU as a functioning whole as indicated by the Contract Documents ENGINEERS 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 modem 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 revision other than the corrections piled for by ENGINEER on previous submittals 627 ENGINEERS review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEERS attention to each such variation at the time of submission as required by paragraph 6 25 3 and ENGINEER has given written approval of each such vanauon 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 1 628 Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing end Sample Submissions accepted by ENGINEER as required by paragraph 29 any related Work performed Prior to ENGINEERS 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 a disagreements except as permitted by paragraph 15 s or as OWNER .and CONTRACTOR may otherwise agree in writing 6.30 CONFR4CTOR s General Warranty and Guarantee 6 30 1 CONTRACTOR warrants and guarantees to OWNER ENGINEER and ENGINEERS Consultants that all Work will be in accordance with the Contract Documents mid will not be ikfechve CONTRACTORS warranty and guarantee hereunder excludes defects or damage caused by 63011 abuse modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Supphers or 6301 2 normal wear and tear under normal usage 6302 CONTRACTORS 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 ETCDC GENERAL CONDITIONS 1910-8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) accordance with the Contract Documents a a release of CONTRACTORS obligation to perform the Work in accordance with the Contract Documents 63021 observations by ENGINEER 63022 recommendation of any progress or final payment by ENGINEER 63023 the Issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents 63024 use or occupancy of the Work or any part thereof by OWNER 63025 any acceptance by OWNER or any failure to do so 63026 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 63027 any inspection test or approval by others or 63028 any correction of defective Work by OWNER Indemnification 631 To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEERS Consultants and the officers directors, employees, agents and other consultants of each and any of them from and against all clans, costs, losses and damages (including but not limited to all fees and charges of engmeers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by ansi g out of or resulting from the performance of the Work provided that any such clam cost loss or damage (1) is attributable to boddy 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 (11) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor any Supplier any person or organimbon directly or indirectly employed by any of them to perform or banish 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 mdemmfied party by Laws and Regulations regardless of the negligence of any such person or entity 632 In any and all claims against OWNER or ENGINEER or any of then 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 orgammUm directly or mdvectly 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 631 shall not he 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 633 The indemnification obligations of CONTRACTOR under paragraph 631 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 Sarnval ofObbgait"s 634 All representations indemnifications, warranties and guarantees made R required by or given in accordance with the Contract Documents, as well as all commuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the W ork and texntrnation or completion of the Agreement ARTICLE 7 OTHER WORK Related Work at Site 71 OWNER may perform other work related to the Project at the site by OWNERS 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 I& 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 (u) CONTRACTOR may make a clam 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 am ount or extent thereof 72 CONTRACTOR shall af&ird each other contractor who is a party to such a direct contract and each utility owner (and OWNER, it OWNER is performing the additional work with OWNERs employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work CONTRACTOR shall not endanger any work of others by cutting excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 18 E]CDC GENERAL CONDITIONS 1910-8(1990 Ethtim) w/ C1 TY OF FORT COLLINS MODIFICATIONS (REV 4R000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors 73 If the proper execution or results of any Fart of CONTRACTORS 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 CONTRACTORS Work CONTRACTORS failure so to report will constitute an acceptance of such other work as fit and Proper for integration with CONTRACTORS Work except for latent or norapparent defects and deficiencies in such other work Coorrbnation 74 If OWNER contracts with others for the performance of other work on the Project at the site the following w ill be set forth in Supplementary (ondmtons 74 1 the person firm or corporaron who will have authority and responsibility for coordination of the activities among the vanous prime contractors will be identified 742 the specific matters to be covered by such authority and responsibility will be itemized and 743 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 81 Except as otherwise provided in these General Conditions OWNER shall issue all comm ucauons to CONTRACTOR through ENGINEER 82 In case of termination of the employment of ENGINEER OWNER shall appoint an engmeer agawsE whose status under the Contract Documents shall be that of the former ENGINEER 83 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 inparagraphs 14 4 and 14 13 84 OWNER duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4 1 and 44 Paragraph 42 refers to OWNERS identifying arid 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 r.... i .._,, 96 OWNER is obligated to execute Change Orders as indicated in paragraph 10 4 87 OWNERs responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13 4 88 In connection with OWNERS right to stop Work or suspend Work, see paragraphs 13 10 and 15 1 Paragraph 152 deals with OWNERS right to terminate services of CONTRACTOR under certain circumstances 89 The OWNER shall not supervise direct or have control or authority over net be responsible for CONTRACTORS means, methods, techniques. sequences or procedures of construction or the safely 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 CONTRACTORS failure to perform or furnish the Work in accordance with the Contract Documents ARTICLE 9—ENGINEER S STATUS DURING CONSTRUCTION OWATR s Representative 91 ENGINEER will be OWNERS representative during the construction period The duties and responsibilities and the limitations of authority of ENGINEER as OWNERS representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER t NIS to Site 92 ENGINEER will make visits to the site at mtervals appropriate to the various stages of construction as ENGINEER deems necessary, in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910 9 (1990 E(Iftim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) that has been made and the quality of the vanous aspects of CONTRACTORs executed Work Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine in general if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on site inspections to check the quality or quantity of the Work ENGINEERS efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents On the basis of such visits and on site observations, ENGINEER will keep OWNER informed of the progress of the Work and a ill endeavor to guard OWNER against defective Work ENGINEER, visits and on site observations are subject to all the limitations on ENGINEERS authority and responsibility set forth in paragraph 9 13 and particularly but without limitation, during or as a result of ENGINEERS on site visits or observations of CONTRACTORS Work ENGINEER will not supervise direct control or have authority over or be responsible for CONTRACTORS means, methods techniques sequences or procedures of construction, or the safetv precautions and programs incident thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furmshmg or performance of the Work Prged Representative 93 If OWNER and ENGINEER agree ENGINEER will furnish a Resident Project Representative to assist ENC WEER in providing more continuous observation of the Wok The responsibilities and nuthonty and lunitations thereon of any such Resident Project Representative and assistants will be as provided in pemgraphs 9 3 and 913 And in the Fenditiens of these General Conditions If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERS Consultant, agent or employee the responsibilities and authority and limitations thereon of such other person will be as provided in the Sup- naragranh 9 3 931 The Representatives dealings in matters pertaimne to the on site work will in general be with Me ENGINEER and CONTRACTOR But. the Representative will keep the OWNER properly advised about such matters The Reoresentatives dealmgs with subcontractors will only be through or wlth the full knowledge and approval of the CONTRACTOR 932 Duties and Responsibilities Representative will 9321 Schedules Review the progress ID Schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability 9 3 2 2 Conferences and Meetm¢ Attend meetingg with the CONTRACTOR such as preconstruction conferences prowess meetings and other job conferences and Prepare and circulate copies of minutes of meetings 9323 Liaison 93231 Serve as ENGINEERS liaison with CONTRACTOR working tamclpally through CONTRACTORS superintendent to assist the CONTRACTOR in understanding the Contract Documents 93232 Assist in obtaining,fromOWNER additional details or infortnatiop when required for proper execution of the Work 9 3 2 3 3 Advise the ENGINEER and CONTRACTOR of the commencement of an Work revig a Shop Draw= 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 observances of the Work in progress to assist the ENGINEER in detemmmng that the Work is proceeding in accordance with the Contract Documents 9 3 2 4 3 Accompany visiting inspectors representing public or other agencies havyin IPShcCU Aver the Protect record the results of these inspections and report to the ENGINEER 9325 Interpretation of Contract Documents Report 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 9326 Modifications Consider and evaluate CONTRACTORS suggestions for 20 EJCDC GENERAL COM71ONS 1910-8 (1990 Edaim) W CITY OF FORT COLLINS MODIFICATIONS (REV 42000) modification in Drawings or Spe ifications and report these recommendations to ENGINEER Accurately transmit to CONTRACTOR decisions issued be the ENGINEER 9 3 2 7 Records 9 3 2 8 Reports 9 3 2 8 1 Finnish ENGINEER periodic reports. as required of the progress of the Work and of the CONTRACTORS compliance with the progress schedule and schedule of shop Drawing and sample submittals 93282 Consult with ENGINEER in advance of scheduling major tests mspections or start of important phases of the Work 9 3 2 8 3 Draft Proposed Change Orders and Work Directive Changes obtari+ backup material trom the CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes and field orders 9 3 2 8 4 Report immediately to ENGINEER and OWNER the occurrenceof any accident 9329 Payment Requests Review application for paymem with CONTRACTOR for compliance vnth the established procedure for their submission and forward with recommendation to