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HomeMy WebLinkAboutBID - 6084 OLD TOWN SQUARE IRRIGATION (2)ADDENDUM No 1 6084 Old Town Square Irrigation SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6084 Old Town Square Irrigation OPENING DATE February 7 2008 (Our Clock) 3 00 p m To all prospective bidders under the specifications and contract documents described above the following changes are hereby made REVISION • Attached are revised sheets for the irrigation plan revision (drawings 1-5) based on pre - bid questions • Irrigation plan changes 1 Notes added clarifying use of conduit sweeps 2 Removal of master valve from drawing and text 3 Instructions for concrete boring intervals in walls 4 Instructions for staple spacing on dripperline 5 Notes have been added specifying schedule 80 fittings • Other issues o Response to question about a substitution for sand in the trench bed (Trenching drawing attached) Respondents may also consider Section 2300 Earthwork Part 2 Products 2 1 Soil Materials F Bedding Course should be revised as follows F Bedding Course Naturally or artificially graded mixture of natural or crushed gravel crushed stone and natural or crushed sand ASTM D 2940 except with 100 percent passing a 3/8-inch sieve and 2 to 10 percent passing a No 100 sieve See revised trenching plan o Response to question concerning the lack of valve boxes in some areas of the Plaza • We do not want valve boxes in areas where there is heavy pedestrian traffic if we can help it The schedule 80 fittings will help with this • Prebid Attendees list attached 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 where renewal Is a way of life Administrative Services Purchasing Division 215 N Mason St 2n° Floor PO Box 580 Fort Collins CO 80522 970 221 6775 970 221 6707 fcgov com/purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Old Town Square Irrigation BID NO 6084 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS February 7, 2008 — 3 00 P M (OUR CLOCK) where renewal is a way of life determuaed pursuant to paragraphs 114 and 115 CONTRACTOR will establish and mamtain records thereof in accordance with generally aceept�� accountinl, Men= and submit in from acceptable to $[iGINEER an demnzed cost breakdown together with supporting data Cash Affawaacer 118 It its understood that CONTRACTOR has included in the Contract Price all allowances so reined in the Contract Documents and shall cause the Work co covered to be furmshed and pe Ibraied for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that 1181 the allowances include the cost to CONTRACTOR (less any applicable trade daunts) of materials and equipment required by the allowance to be debvered at the sacq and all applicable taxes and 1182 C.ONTRACTORs costs for unloadig 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 agotvances, and the Contract Pncc shall be correspondingly adjusted 119 Unit Pnce Work 11 9 1 Where the Contract Documents provide that all or part of the Wok m to be Unit Price Wok venally the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work tames the esumated quantity of each item as indicated in the Agreement The estimated quantities of items of Unit Price Wok mL not guaranteed and are solely for the purpose of companson of Bids and determining an initial Contract Price Determinations of the actual quantities and classi[cations of ]Unit Price Wok performed by CONTRACTOR will be made by ENUINfEER in accordance with paragraph 9 10 119 2 Each unit will be decrier! to include an amount consideredbyCONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item 119 3 OWNER ur CONTRACTOR may make a dawn for an adjustment in the Contract Price an accordance with Article 11 of 11931 the quantity of any item of Unit Price Work performed by CONTRACTOR dnffas materially and significantly from the estimated quantity of such item indicated in the Agreement 26 OCocoetaennAt,CONDMOa 19104 P9ao Edt m) VlaT OFFORTCOLLINBMODMCATIOMMEV42O N) and 11932 there a no concspondi g adjustment with respect to any other item of Work and 11933 of CONTRACTOR believes that CONTRACTOR a entitled to an increase in Contract Price as a result of havinugg matured additional expense or OWNER belKves that OWNER its endmled to a dxrease in Contract Price and the parties are unable to agree as to the amount of arty such increase or decrease 11934 CONTRACTOR acknowledam that the OWNER has the naht to add or delete items in the Bid or chi nes at OWNERS sole discretion without affixtimi the Contract Pita oC any remamm�g rem sit long; as the deletion or addmon does na exceed twenty five oeroent of the orngmal total Contract prior ARTICLE 13—CIiANGE OF CONTRACT TIMES 121 The Contract Timm (or Milestones) may only be changed by a Charge Order or a Wnaen Amendment Any clam for an adjustment of the Contract Tunes (or Milestones) shall be based on written notice delivered by the party making the clam to the other party and to ENGINEER promptly (btrt in no event later than durw days) after the occurrence of the event giving nse to the claim and stating the general nature of the clam Notice of the extent of the clam with supporting data shall b, delivered with= spry dotyys after such occurrence (unless ENGINEER allows addntarral time to ascertain more accurate data in support of the claim) and shall be accompamed by the claimants written statement that the adjustment claimed its the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occunence oCsaid event All clams for adjustment in the Contract Times (or Milestones) shall be detennurW by ENGINEER in accordance with paragraph 911 if OWNER and CONTRACTOR cannot otherwise agree No clamp for an adjustment in the Contract Tames (or Milestones) will be valid if no submitted in accordance with the requirements ofthis paragraph 12 1 122 All time limits stated in the Contract Documents we of the essence of the Agreement 123 Where CONTRACTOR is prevented from completing any pert of the Work wahn the Contract Times (or Miles[ares) due to delay beyond the control of CONTRACTOR, the Contract Tames (or Milestones) will be extended in a r amount equal to time lost doe to such delay if a claim is made therefor as provided in nd the control of CONMCTOR shall ho 121 t lot not be limited to acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work es contemplated by Article 7 farm floods, epdanics, abnormal weather conditions m acts of God Delays amnbumble to and widtin the control of a Subcontractor or Supplier shag be deemed to be delays within the Control of CONTRACTOR 124 Where CONTRACTOR is prevented from Completing any pan of the Work wndmn the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an wdenuon of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTORs sole and exchsive remedy for such delay In no event shall OWNER be liable to CONTRACTOR any Subcontractor any Supplier any alter person or organization, a to any surety for or employee or aaggme of any of them for damages ansng out of or resultng from (') delays caused by or within the Control of the CONTRACTOR or (it) delays beyond the control of both parties rrichidmg but not limited to Cues, floods, epidemas, abnormal weather conditions, acts of God or acts or neglca by utility owners or other Contractors performing other work as contemplated by Article 7 ARTICLE 13--TESTS AND INSPECTIONS, CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTII'F WORK 13 L Narice of Defects Prompt notice of all defective Work of which OWNER a ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corro tad or accepted as Provided in this Article 13 Access to Work 132 OWNER ENGINECR ENGINEERS Cansuhants other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at ressermble limes for their observation, mspecting and testing (ONTRACTOR shall provide them proper and safe cortdrbms for such access and advise them of CONTRACTORs site safety procedures and programs Co that they may comply therewith as applicable TeshandImpections 13 3 CONTRACTOR shall give ENGINEER tamely notice of readiness of the Work for all required inspections, tests a approvals, and shall sxwpcmte with uspogion and testing personnel to facddme required inspections or tests 134 OWNER shall employ and pay for the services of an independent testing labamay to perform all mspechons, tests, or approvals required by the Co coact Documents except 1341 for inspections, teats or approvals covered by paragraph 13 5 below 1342 that casts incurred in connection with tests or nspectons conducted pursuant to paragraph 13 9 EICDC GENERAL CONDITIONS 19104 (19" Edam) w/an OF FORT MLLIM MODIF7GnONs (REV 44a0o) below shall be paid as provided in said paragraph 119 ail 13 4 3 as otherwise specifically provided in the Contract Documents 135 If Laws a Regulations of &try public body having jurisdiction require any Work (a part theeol) specifically to be inspected tested a approved by an ee or dhc 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 fumush ENGINEER the required certific&tes of aspecaon, or approval CONTRACTOR shell also he responsible for arranging and obtaining and shall pay all cons in connectmn with any uspectias, tests a approvals required for O WNERs and ETIGINEERs accgt = of materials or equipment in be incorporated in the Work, a of mstenals, mac designs, or equpmen" submitted for approval pia to CONTRRAACTORS purchase thereof low incorporation in the Work 136 If any Work (or the work of others) that is in be inspected, tested or approved rs uwered by CONTRACTOR without written concurrence of ENGINEER it must, if requested by ENGINEER be uncovered for observation 137 Uncovering Work as provided in paragraph 13 6 shall be at CONTRACTORS expense unless CONTRACTOR has given ENCINEER rarely notice of CONTRACTORs intention to cove the same and ENGINEER has not acted with reasonable promptness in response to such notice Uncm enng Work 138 If any Wcrk is covered contrary m the written request of ENGINEER it must, if requested by ENGINEER. be uncovered for ENGWEERs observation and replaced at CONTRACTORS expense 139 If FNGNEER considers it necessary or advisable that covered Work be observed by ENGINEER or aspected or tested by others, CONTRACTOR at ENGINEER$ request, shall uncover expose or otherwise make available fa observation, inspection or testing as ENGINEER may require that portion of the Work in question, furnisltmg all necessary labor maternal and equipment, If it is found that such Work s defective CONTRACTOR shall pay all claims, costs, losses and damages caused by ansarg out of a resulting from such uncovering, exposure observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others) and OWNER shall be entitled to an appropriate decrease in the Contract Rice and, if the parties we unable to agree as to the amount thereof may make a claim therefor as provided in Article i I If, however such Work a not found to be defective CONTRACTOR shall be allowed an increase in the Contract Price or an =cmi on of the Contract Times (or Mlestom) or both directly attributable to such 27 unoovenrg, exposure, observation, inspection testing, replacement and reconstruetm and, if the parties are unable to agce As to the amwnt or extent thereof CONTRACTOR may make a claim therefor As provided in Artides 1 I and 12 OWNER blay Stop the Work 13 10 If the Work is defective Or CONTRACTOR fads to supply sufficient skilled workers or suitable materials or equipment, or fads to fanush a 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 head the cause for such Order has been eliminated however this right of OWNER to stop the Work shall not give eve to any duty on the part Of OWNER to ecerose thus right for the benefit of CONTRACTOR or arty surety or other pity Gorrechon a Reavrval ofDefecnve Work 1311 if required by ENGINEER, CONTRACTOR shall pronptly as duetted ether correct all dgfecave Work whether or not fabricated, installed or competed, or of the Wok has been rejected by ENGINFFR remove it horn the site and replace 9 with Work that is no defective CONTRACTOR shall pay all clauns costa lasses and damages caused by or resulting from such correction or removal (including but not lunged to all costs of repair or replacement of work of others) 13 12 Correction Period 13 121 If within one-N, two Years after the date of Substantial Completion or such longer period of time As may be prescribed by Laws or Regulations or the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents any Work is found to be defective CONTRACTOR shah promptly without cost to OWNER And in accordance with OWNERS written mstniomra (i) correct such defective Work or if it has been rejected by OWNER, remove it from the site and replace it with Work that is not ekfectrve and (tit) satisfactorily correct or remove and replace arty damage to other Work or the work of others resulting therefrom If CONTRACTOR does not promptly comply with the terms of such hratiuctiora, or in an emergency where delay would cause serious risk of loss or damage OWNER may have the defectirve, Work corrected or the rejected Wank removed and replaced and all claims, torts, loses and damages caused by or resulting from such removal and replacement (including but not Waited to all costs of repair or replacement of work of others) will be prod by CONTRACTOR 13 12 2 In special carestances where a particular item of equipment is placed in continuous service before Subsamml Completion of all the Work the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13 12 3 Where defective Work (ail damage to other 23 EX7DCOENERALC MTIOM 19104[(1990 EAmm) Wary OF FORT MLLINS MODIFICATION$ (REV 420m0) 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 me ye two Year after such cariectnon a removal and replacement has been samsfactonly completed Aceeptanee of Defective Work 1313 1f instead of requiring correction or removal and replacement of defective Work, OWNER (and pia to ENGINEERS recommendation of feral 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 determinationto a4eeepptt such defective Work (such costs to be approved by ENGMEER as to rcesso ablenew) If any such acceptance occurs prior to ENGINEERs recommendation of firel payment, a Change Order will be issued mcorporatmg the necessary misione, in the Contract Documents with respect to the Work and OWNER shall be em itled to an appropriate deeresse in the Contract Price and, if the parties are unable to agree As to the amount thereof OWNER may make a calm therefor as provided in Article 11 If the acceptance occurs after such recommendation An appropriate amount will be paid by CONTRACTOR to OWNER OWNER May Comer Defeease Work 1314 If CONTRACTOR fails within a reasonable nine after written nonce from ENGINEER to correct defective Work or to remove and replace rejected Work as required by FNGINEER in accordance with paragraph 13 11 or of CONTRACTOR fails to perform the Work in accordaic with the Contact Documents, ce it CONTRACTOR fails to comply with any other provision of the Contract Documents. OWNCR may after seven days' written notice to CONTRACTOR correct and remedy may such deficiency In exerchsag the rights and remedies under this paragraph OWNER shall proceed expeditiously In connection with such corrective and remedial action, OWNER may exckxk CONTRACTOR from all or part of the ate, 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 ate or for which OWNER has paid CONTRACTOR but which are stored elsewhere CONTRACTOR shall allow OWNER, OWNERs representatives. agents and era oyees. OWNERS other coranctors and ENG and ENGINEERS Consiilants access to the site to enable OWNER to exercise the rights and remedies under this paragraph NI claims, costs, fosses and damages mooned or sustained by OWNER in excraq such rights and remedies will be charged agaunt CONTRACTOR and a Charge 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 I Such claims costs, losses and damages will Include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTORS defechre Work CONTRACTOR shall not be allowed an extenam of the Contract Times (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 Values 141 The schedule of values established as prondcd 1n pamge 2 9 will serve as the bass for progress payments and wit I be Incorporated Into a form of Application for Payment acceptable to ENGINEER Progress payments on account of Unit Pnoe Work will be based on the number of units completed Applumhon for Progress Payment 14 2 At least twenty days before the date established for each progress payment (but not more often than once a month) CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the dam of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment is requested on the bays of materials and equipment not incorporated to the Work but delivered and suitably stored at the site or at another location agreed to in writing the Application far Payment shall also be accompanied by a bill of sale invoice a other documentation warnmi g that OWNER has received the materials and equipment free and clear of all Liens and evndet that flit mammals and equipment are covered by appropriate property insurance and other arrangements to protect OWNERS interest therein, all of which will he satisfactory to OWNER The amount of muuage with respect to progress payments will be as stipulated in the Agreement. M funds that an withheld by the OWNER shall not be subject to substtuum by the CONTRACTOR with securities or am a ends unvolvirst an escrow or custodlanshin Dy execution the application for Payment form the CONTRACTOR exaessly waives his neht to the bexfits of Colorado Rased Stamts3 $emon 24A1 101 er seP CONTRACTOR s Warranly of Tide 14 3 CONTRACTOR warrants and guarantees that title to all Word., materials and equipment covered by any Application for Payment, whether Incorporated in the Project a not will pass to OWNER no later than the time of payment free and clear of all Usti Renew of 4ppineanoasforPmgrmPaymeat 144 ENGINEER will, within ten days after receipt of each Application for Payment, ether indicant in wining a recanmendatson of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEERS reasons for refusing to recommend payment. In the latter case CONTRACTOR may make the necessary corrections; and resubmit the Application Ten days after non of the Application for Payment to OWNER wth ENGINEERS recommendahom the amount recommended will (subject to the provlvou 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 Application for Payment will constitute a representation by ENGINEER to OWNER baud on FNGfNEERs on -site observations of the mcuted Work m an experienced and qualified design profesaoral and on ENGINEERS review of the AApppphcatwn for Payment and the accompanying dam and schedules, that to the best of ENGIN15TRsknowledge nnformationandbellef 1441 the Work has progressed to the point mdlcamd, 1452 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 a upon Substantial Campletan, n the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classlficahors for Unit Price Work under paragraph o 10 and to any other qualifications stated in the recommetdauon) and 1453 the conditions precedent to CONTRACTORS berg entitled to such payment appear to have been fulfilled insofar as it s ENGINEERs responsibility to observe the Work However by recommending any such payment ENGINEER will not thereby be deemed to have represented that (I) exhaustive or continuous onalte inspections have been made to check the quality or the quantity of the Work beyond the responsubdnres specifically ass[gned to ENGINEER in the Contract Documents or (a) that there may not be other matters or Issues between the parties that might entitle CONTRACTOR to be pad additionally by OWNER or mtltk OWNER to withhold payment to CONTRACTOR 146 ENGINEERs recommendation of any payment including filial payment, shell not mean that ENGINEER is responsible for CONTRACTORS means, methods, techniques. sequences a procedures of eonstructmn or the safety precautions and programs incident thereto. a for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing a performance of Work, or for arty failure of CONTRACTOR to perform or fumsh Work in accordance with the Contract Documents 147 ENGINEhR may refuse to recommend the whole or any part of any payment if in INCrrNEERs opinion, it would be incorrect to make the representations to EICDCOEIJEAAI, CtlNDIT101.519104 (19" Eau.) 29 w/CITY OF FORT ODLUM MODIF1CATIOM (REV 4POW) OWNER refined to in paragraph 14 ) ENGINEER may also refuse to recommend my such payment, a because of subsequently discovered evidence or the results of subsequent tmpections or tests, mollify any such payment previously recommended, to such mteu as may be necessary in ENGINEERs Opuuon to protect OWNER Cron loss because 14 7 1 the Work is defective or completed Work has been damaged requiring correction or replacement 14 7 2 the Control Pnce has been reduced by Written Amendment a Change Order 1473 OWNER has been required in correct dfechve Work or complete Work in accordance with paragraph 13 14 or 1474 ENGINEER has actual knowledge of the Ocemrence of any of the events enumerated in paragraphs 15 2 1 through 15 2 4 undo ive OWNER may refuse to make payment of the full stncuurd recommended by ENGINEER because 1475 clams have been made agauut OWNER on account of CONTRACTORS performance or fumuslung 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 dwharge of such Liens, 1477 there are odw Gems entitling OWNER too set off against the amount recommended. a 1478 OWNER has actual knowledge of the Occurrence of any of the events enumerated in Paragraphs 14 71 through 14 7 3 a paragrapher Is 2 1 through 15 2 4 mclusve but OWNER must give CONTRACTOR immediate written nonce (with a copy to ENGINEER) swung the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment therein agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNERS setiefaction the reasons for such anion subman" COMPInaorn 14 8 When CONTRACTOR comiders the entire Work ready for is intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entne Work is wbstan ally complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in wring giving the reasorn therefor If ENGINEER EfCDCOaNERA CON non 191" 09"Ednm) 30 -1 O] OF FORT OOLU Na MOINFICADONa(REV 4nOW) considers the Work substantially complete ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Co ipletim which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed m corrected before final peymem. OWNER shall have seven days after receipt of the tentative ccnrficate during which to make written objection, to ENGINEER as to any provisions of the ceruficate or attached list I( after mreadermg such objections. ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submussm of the tentative certificate to OWNER notify CONTRACTOR in wining staling the reasons therefor If, after consideraum of OWNERs abjection, ENGINEER considers the Work substantially complete, ENGINEER will wmdm said fourteen days execute and deliver to OWNER and CONTRACTOR a definmwe catificam of Substantial Completion (with a revised tentative list of items to be completed m corrected) reflecung such changes from the tentative certificate as ENG].INEER believes justified after OOMdemtmn of any objeowns Eon OWNER At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a wntten recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to secunty, Operation. safety mmntenance heat, utilities, insurance and warranties and guarantees Unless OWNER and CONTRACTOR agree otherwise in writing and so mfonn ENGINEER in writing prior to ENGINEERs tasting the definitive certificate of Substantial Completion ENGINEEWs aforesaid recommendation will be bmdi g on OWNER and CONTRACTOR until fmal payment 149 OWNER shall have the tight to exclude CONTRACTOR from the Work after the dam of Substantal Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items On the tentative list Partial Ubbranon 1410 Use by OWNER at OWNERs option of any substantially completed part of the Work, which (t) has speclfeagy been identified in the Contract Documents, a (n)OWNER. ENGINEER and CONTRACTOR agree constitutes a separately fumfioning and usable pan of the Wok that can be used by OWNER for its attended ppuurippoossee re without significant interfence with Co TRACTORs performance of the remainder of the Work may be accomplished prior to Substanmal Complebon of all the Work subject to the following 14 10 1 OWNER at any time may request CONTRACTOR in writing to perms OWNER to use any such part of the Work which OWNER believes to be ready Ca is wended use and substantially coin kite If CONTRACTOR agrees that such part of the Work is subssntally complete, CONTRACTOR will ca* to OWNER and ENGINEER that such part of the Work is substanally complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work CONTRACTOR at any time may rho* OWNER and ENGINEER in writing that CONTRACTOR c hiders any such part of the Work ready for its intended use and substantially complete and request ENGINEER to care a cettt6wte of Substantial Completion for that part of the Work Wilun a reasonable time after either such request, OWNER CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing gwmg the reasons therefor If ENGINEER considers that part of the Work to be substantially complete the provmons of parigrephs 14 8 and 14 9 will apply with respect to certification of Subsamsal Completion of that pan of the Work and the demon of responsibility in respect thereof and scacss thereto 14 10 2 No occupancy or separate operation of part of the Work will be accomplsshed prior to compliance with the requirements of paragraph 5 15 in respect of property mmus nce Filial Impecnmi 1411 Upon written nonce from CONTRACTOR that the entire Work or an agreed portion thereof its complete ENGINEER will make a fatal inspection with OWNER and CONTRACTOR and wall ratify CONTRACTOR in writing of all particulate in which this inspection reveals that the Work is incomplete or defective CONTRACTOR shalt immediately take such measures as an necessary to complete such work or remedy such defieencu s 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, Bonk, certificates or other evidence of insurance required by paragraph 5 4 certificates of mspection marked up record documems (as provided in peragraph619) and other documeras, CONTRACTOR may make application fm find payment following the procedure forprogresspayments The finalApplication for payment shall be aeoompamed (except as previously delivered) by (i) all documentation called for in the Contract Documents, mcludirg but not limited to the evidence of insurance required by subparagraph 5413 (u)conscm of the surety if any to final paymem, and (u)complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens ansi g out of or filed in mrmecuon with the Work In lieu of such releases or warvers of Lure and as approved by OWNER - CONTRACTOR may fairish receipts or releases in full and affidavit of CONTRACTOR that () the releases and receipts include all labor service; material and equipmcm for which a Lim could be fled and (m)all payrolls, material and equipment bilk and other mdebtedness connected with the Work for which OWNER or OWNER property might many way be responsible have been pad or otherwise satisfied If any Subcontractor or Supplier fails to furnish such a release or receipt in full CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of heris and the consent of the surety m finalize navingi are to be submitted on formsecahform to the format of the OWNER S standard 1pims boundin gPropeal manual Final Payment and Acceptance 1413 If on the basis of ENGINEERS observation of the Work during construction and final inspection, and LNGINEERs review of the final Application for Psymmt and accompanying documentation as required by the Contract Decunenm, ENGINEER is satisfied that the Wink his been completed and CONTRACTORS other obhgtioes under the Contract Documents have been fulfilled, ENGINEER will within tin days after receipt of the find Applicahon for Payment indicate in writing ENGINEIsRs recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written not= to OWNER and CONTRACTOR that the Work a acceptable subject to the provisions of paragraph 1415 Otherwise IGINEER will return the Application to CONTRACTOR indicating in writing the reasons for refusing to recommend fuel payment in which case CONTRACTOR shall make the necessary corrective and resubmit the Application Thirty days after presentation to OWNER of the Application and accornpanyng documentation, in appropriate form and substance and with ENGINEERS recommendation and notice of acceptability the amount recommended b5 ENGINEER will become due and will be paid by OWNFR to CONTRACTOR subicc to wrasramh 1761, of thee. Sferm Cort0tow 1414 IL through no fault of CONTRACTOR fowl coinpletion of the Work is sigmficamly delayed and if ENGINEER so confirms. OWNER shalt upon receipt of CONTRACTORS final Application for Payment and recommendation of ENGINEER, aid without terminataig the Agreement make payment of the balance due for that portion of the Work fully completed and accepted If the remamug balance to be held by OWNER for Work not fully completed or corrected is less than the r tamage stipulated in the Agreement and if Bords have been famished 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 shell not constitute a waiver of claims Waiver of Claims, 1415 The making and acceptance of foal payment will constitute 14 15 1 a wawa of all claims by OWNER against CONTRACTOR except claims ansi g from unsettled Liens, from defective Work appears after EiCOCOENFRAL CONUMOM IYIOA (19" eatwi) 31 W CITY OF FORT WW MMODMCATIO (REV 4n") final inspection pursuant to paragraph 14 11 from failure to comply with the Contract Documents or the toms of airy special guarantees specified therein, or from CONTRACTORS commumg obligations under the Contract Documents and 14 15 2 A waiver of all claims by CONTRACTOR agamst OWNER other than those previously made in writing and still unsealed ARTICLE 15-SUSPENSION OF WORK AND TERP4INATION OWNER May Suspend Work 151 At any time and without cause OWNER may suspend the Work or my portion thereof for a period of nor more than natty, days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed CONTRACI OR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an oMemnm of the Contract Tines, or both, directly attributable to any such suspcuion if CONTRACTOR makes an approved clam therefor as provided in Articles 11 and 12 OWNER May Terminate 152 Upon the occurrence of any one or more of the following events 15 2 1 if CONTRACTOR persistently fads to perform the Work in accordance with the Contract Documents (including but nor limited to failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule esmblished under paragraph 29 as adjusted from time to time pursuant to paragraph 66) 1522 if CONTRACTOR disregards Laws or Regulations of any public body havugdunsdiction 15 2 3 if CONTRACTOR disregards the authority of ENGINEER, or 15 2 4 if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents OWNER may after giving CONTRACTOR (and the surety if any) seven days written notice and in the extent permitted by Laws and Regulathom, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTORS tools, applaricem construction equipment and mai.hiniery at the site and use the same to the full extent try could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion) incorporate in the Work all materials and equipment stored at the site or for winch OWNER has paid 32 £ L)Cot;NFAAI. CONDInom 191"(i990 Edaar) w/CITY OF FOaTCOLUh MODIFICATIONS (REV 4n") CONTRACTOR but winch are stored elsewhere and finch the Work as OWNER may deem expedhenl in such wse CONTRACTOR shall not be entitled to move any further payment mid the Work is fuushed If the unpaid balance of the Contract Price exceeds all cleans, casts, lasses and damages sustained by OWNER aramg out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance CONTRACTOR spay Afference to OWNER Such claws, costs, damages incurred by OWNER will be reviewed by ENGINEER as to then reasonableness and when so approved by ENGINEER mcorporated in a Change Order provided that when a xercisag any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed 153 Where CONTRACTORS services have been so terminated by OWNER, the termireuon will not affect any rights or remedies of OWNER against CONTRACTOR then eusiu g or which may thereafter accrue Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability 154 Upon seven day$ 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 my items) 1541 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of term ation including fair and reasonable sums fix 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 far and reasonable sums for overhead and profit on such expenses 1543 for all clams, costs, losses and damages Incurred in settlement of terminated convects with Subcontractors, Suppliers and others Arid 15 44 for reasonable expenses directly attributable in termmmhm CONTRACTOR shall our he paid on account of loss of anticipated profits or revenue or other economic lass ansinig out of or resulting from such tammation CONTRACTOR May Slap Work or Ternimate. 155 If throu$h no act or fault of CONTRACTOR, the Work is suspended for a period of more than winery days by OWNER or under an order of cowl or other public authority or INGINEER fails to act on any Application for Payment within thirty days after it a submitted or OWNER fails for thirty days to pay CONTRACTOR any suns finally deternwxd to be due than, CONTRACTOR may upon seven days written notice to OWNER and ENGINEER and provided OWNER or ENGINEER do not remedy such suspertvon or failure wlthan that time terminate the Agrepned and recover from OWNER payment on the same terms as provided in Pamgreph 15 4 In lieu of temanaong the Agreement and without pre)udice to any other right or remedy If ENGINEER has failed to act on an Application for Payment within thirty, days after it is submitted or OWNER has failed for thirty days to Pay CONTRACTOR any sum finally determined to be due CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work mail�a yment of all such amounts due CONTRACTOR, nndudu�ig aaerest thereon The provisions of this pram ph 155 are not mtenidcd to preclude CONTRACTOR from makug clamp under Articles I and 12 for an increase in Contact Price or Contract Tunes or otherwise for expenses or damage directly attributable to CONTRACTORs stopping Work as permitted by this paraigaph ARTICLF 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRAC fOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and pxmcedum if my shall be as set forth in Exhibit GCA, Dispute Rcsoluhot Agreement to be attached hereto and made a pan hereof If no such agreement on the method and procedure fa resolving such disputes has been reached and subject to the provisions of paragraphs 910 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 Nonce 171 Whenever any provision of the Contract Doamiems requires the giving of written notice it will be deemed to have been validly given if delivered in person to the mdrvidual or to a member of the firm or to an officer of the corporation for wham it is intended, or if delivered at or sent by registered or certified mail postage prepaid. to the last business address known to the giver of the notice 172 Lompatation of Time 17 2 1 When any period of time or referred to in the Contract Documents by day; it will be computed to exclude the first and include the last day oC such peiod If the last day of any such period falls m a Saturday or Sunday or on a day made a legal holiday by the law of the applicablelunsdretion, such day will be omitted from the computation ErCDCOEN&t CONDIMOM 19104(1990 Edam) w/ CITY OF FORT COLLD6 MODIFICATIOM (REV 4aM) 17 2 2 A calendar day of twenty four hours measured from midnight to the next midnight will constitute a day Notice of Claim 173 Should OWNER or CONTRACTOR ailber mlury a damage to person or property because of any error emiasmn or act of the other party or of any of the other paitys employees or agents or others for whose acts the other parry s legally liable, clam will be made in writing to the other party within a reasonable time of the first observance of such mlury, or damage The prmmos of this paragraph 17 3 shell not be construed as a substitute for or a waver of the provisions of any applicable statute of limitations or repose Ciamalaine Remedies 174 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the {aches hereto and, in particular but without hmmumn the warrimam gummitim and obligations imposed upon CONTRACTOR by pamgmphs612 616, 630 631 632 131 1312 13 14 14 3 and 15 2 and all of the rights and remedies available to OWNER and ENGINEER thereunder are in addition to and are rat to be construed in any way as a limitation of any rights and remedies available to any or all of them Much are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents and the provnsors of this paragraph will be as effective as if repeated specifically in the Contract Documents m connection with each particular duty obligation, right and remedy to which they apply Profearonmt Fees and Court Costa Included 175 Wherever reference is made to claims, costs losses and damages it shall Include in each case but not be limited to all fees and charm of engineers, architects, attorne)s and other professionals and all coat or arbitration or other dispute resolution costs, 176 The Taws of the San of Colorado enoly to this Am tint Referer5e two w9mina Colomdo statutes are as follows 17 6 2 If a clam is filed. Than old O x rat, ov1 1w law fCRS 3S 26-10'71 to withherg oevmenis o CONTRACTOR suRhcient [mvts to umae the layment of all cleans fa labs mamraLs team fore suslmanism proviuon& awender r other similes used a comimed by CONTRACTOR a his 33 6JCDCOENMt CONDMOM 19104(1990E64m) 34 w/ aTY OFFORTCOLLINS MODIFICATIOMMEVA2000) (Thus page left blank )mrnuonally ) RICDC GENERAL CONDITIONS 1910E (1990 E6t m) 35 * CITY OF FORT COLLINS MODIFICATIONS (RRV 4/1000) 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 003003 00400 Supplements to Bid Forms 004001 00410 Bid Bond 004101 004102 00420 Statements of Bidders Qualifications 004201 - 00420 3 00430 Schedule of Major Subcontractors 004301 CONTRACT DOCUMENTS 00500 Agreement Forms 00500 1 00510 Notice of Award 005100 00520 Agreement 00520 1 00520-6 00530 Notice to Proceed 00530-1 D0600 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 009001 00950 Contract Change Order 00950 1 - 00950-2 00960 Application for Payment 00960 1 - 00960-4 SPECIFICATIONS VCDCOENSX CONDITIOM 19104(19" E161iw) 36 V CITY OF FORT COLLINS MODIFICATIONS at W41000) 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 Comma between OWNER and CONTRACTOR is amended to include the following agreement of the parties 161 All clarets, disputes and other matters in gtusuon between OWNER and CONTRACTOR arising out of or relating to the Conner Documents or the breach thereof (except for clams which have been wawed by the making or acceptance of final payment as provided by paragraph 1415) will be decided by arbitration in accordanu with the Construction Industry Arbitration Rules of the American Arbitration Association then obtai mg, subject to the LoWatmns of the Article 16 This agreement an 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 order the prevailing law of any court havingjuradicum 161 No demand for arbitration of any claim dispute or other matter that is required to be referred to INGINEER initially for decision in accordance with pamgap h 9 1 I will be made urml the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty first day after the pastes have presented their evidence to ENGINEER of a wnmen decision has not been rendered by ENGINEER before that date No demand for arbitration of any such clams dispute or other mattes will be made later than thirty days after the date on which ENGINEER bas rendered a written decision in respect thereof in accordance with paragraph 9 11 and the failure to demand arbitration within sad thirty days' period will remit in ENGINEERS decision being final and binding upon OWNER and CONTRACTOR If ENGTNECR renders a decision after arbitration proceedings have been vu rated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the daemon u acceptable to the parties concerned No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9 10 will be made later than ten days after the party making such demand has delivered written notice of atenuon to appeal as provided in paragraph 9 10 163 Notice of the demand for arbitration will be filed in wring with the other party to the Agreement and with the American Arbitration Assowation and a copy will be sent to ENGINEER for informationurt yThe demand for arbitration will be made within the durtyday or ten-day Period specified in paragraph 16 2 as applicable and in all other cans within a misinable time after the clam dispute or other matter in question has ansen, and in no event shall any such demand be made alter the date when institution of legal or equitable proceedings based on suds clam dispute or other matter in question would be barred by the applicable statuteof imitations 164 Except as provided in paragraph 165 below no arbitration anang out of or relaug m the Contract Documents shall include by consolidation, joinder or in any other manna any other person or entity (including ENGINEER, ENGINEERS Consultant and the olEcas, directors, agents, employees or consultants of any of them) who s not a party to this contract rimless 16 4 1 the inclusion of such other person or entity its necessary of complete relief its 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 its c rnmon to those who are already parties to the arbitration and which will arise in such proceedings, and 16 4 3 the written coisent of the other peram or entity sought to be roduded and of OWNER and CONTRACTOR has been obtained for such inclusion winch consent shall make spaTfic reference to this paragraph but no such corsem shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such ensent 165 Notwithstanding paragraph 164 if a claim dispute or otla,r maw in question between OWNFR and CONTRACTOR involves the Work of a Subcontractor other OWNER or CONTRACTOR may join such 4ubcmtmetor as a party to the arbitration between OWNFR 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 Wort, of such Subcontractor Nothing in this paragraph 16 5 nu in the provision of such wboamract mnsentmg to joinder shall create any clam right or cause of acum in favor of Subcontractor and agausa 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 in any court having juriabetion thaeot and it will not be subject to modification or appeal 16 7 OWNER aid CONTRACTOR agree that they shall first submit any and all umettled clams, counterclaims. disputes and other matters in question between them arising out of or relating to the Contact Documents or the breach thereof ( disputes ) to medration by the American Arbitration Association under the Corsuircum Industry Mediation Rules of the American Arbitration Association prior to either of them mtiatmg 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 thuty and ten day tme limits within which to foe a demand for arbitration as provided in patagaphs 16 2 and 16 3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable tune lannts and shall remain suspended until ten days after the termination of the mediation The medmtor of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise Weed WCDCOENERAL CONDITIONS 191"(t99a E6nm) OC At .1 CITY OF FORT COLLIN9 MODIFICATIONS (REV "9) EJCDC GENERAL COMMONS 19104 (1990 E bh.) w/ CITY OF FORT COLLINSMODIFICATIONS (REV 9/94) OC Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below SC-5 4 8 Limits of Liability A Add the following language at the end of paragraph 5 4 8 The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows 5 4 1 and 5 4 2 Coverage A - Statutory Limits Coverage B - $100 000/$100 000/$500 000 5 4 3 and 5 4 5 Commercial General Liability policy will have limits of $1 000 000 combined single limits (CSL) This policy will include coverage for Explosion Collapse and Underground coverage unless waived by the Owner 5 4 6 The Comprehensive Automobile Liability Insurance policy will have limits of $1 000 000 combined single limits (CSL) 5 4 9 This policy will include completed operations coverage/product liability coverage with limits of $1 000 000 combined single limits (CSL) Rev 10/20/07 Section 00800 Page 1 SECTION 00900 ADDENDA MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment Rev 1020107 SECTION 00950 CHANGE ORDER NO PROJECT TITLE 6084 Old Town Square Irrigation CONTRACTOR PROJECT NUMBER DESCRIPTION 1 Reason for change 2 Description of Change 3 Change in Contract Cost 4 Change in Contract Time ORIGINAL CONTRACT COST $ 00 TOTAL APPROVED CHANGE ORDER 0 00 TOTAL PENDING CHANGE ORDER 0 00 TOTAL THIS CHANGE ORDER 0 00 TOTAL % OF THIS CHANGE ORDER TOTAL C 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 Purchasing Agent over $30 000 cc City Clerk Contractor Project File Architect Engineer Purchasing DATE Rev 10/20107 Section 00950 Page 1 NUMBER 1 2 3 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER City of Fort Collins PROJECT APPLICATION NUMBER APPLICATION DATE PERIOD BEGINNING ENGINEER CONTRACTOR PERIOD ENDING PROJECT NUMBER CHANGE ORDERS Application is made for Payment as shown below in connection with Contract DATE Net Change by Change Order AMOUNT r rr 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 Retamage 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 Project Manager Date By Payment of the above Amount Due This Application is approved by the OWNER Date Rev 10/20107 Section 00960 Page 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 Penods 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 APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty Amount Qty Amount Qty Amount Period Date Billed 000 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $000 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 1 $0 00 $0 00 $0 00 $0 00 TOTALS CHANGE ORDERS $0 00 $0 00 $0 00 $0 00 $0 00 PROJECT TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 Section 00960 Page 3 SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 2 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 CITY OF FORT COLLINS 10 January 2008 SECTION 01100 SUMMARY PART 1 GENERAL 1 1 RELATED DOCUMENTS OLD TOWN SQUARE IRRIGAITON A Drawings and general provisions of the Contract including General and Supplementary Conditions and other Division 1 Specification Sections apply to this Section 12 SUMMARY A This Section includes the following I Quality assurance 2 Work phases 3 Alternate bids B Related Sections include the following 1 Division 1 Section " Temporary Facilities and Controls 2 Division 2 Section "Earthwork 3 Division 2 Section Unit Pavers 4 Division 2 Section Imgation 13 QUALITY ASSURANCE A Contractor must have successfully completed execution of a minimum of five (5) contracts involving the installation of irrigation and piping work similar in size and scope to that required for this project B Contractor must have successfully completed execution of a mnimum of five (5) contracts involving the installation of unit pavers in sand setting bed similar in size and scope or engage a partnering company with such experience 14 WORK PHASES A The Work shall be conducted in two phases in the following order with each phase substantially complete before beginning the next phase 1 Phase One This phase shall be the largest section of Old Town Square Plaza It shall include all areas not outlined as Phase 2' on plan sheet LI 103 Work of this phase shall be substantially complete and ready for occupancy by May 2 2008 2 Phase Two The remaining Work includes all areas outlined as Phase 2 on plan sheet LI103 and shall be substantially complete and ready for occupancy by May 2 2008 also SUMMARY 01100 1 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGAITON B Before commencing Work of each phase submit a schedule showing the sequence commencement and completion dates and move out and in dates of Owner s personnel for all phases of the Work 15 ALTERNATE BIDS A Deletion of Phase 2 Work If Contractor considers it is unlikely that Phase 2 work can be completed by May 2 2008 an alternative bid may be submitted for only Phase 1 work to be completed by May 2 2008 B Two wire Control System A bid for a two wire control system may be submitted in substitution for the conventional multiple control wire system specified New control wire must be installed in any case A two wire system must be as sold by the following 1 Weathermattc SmartLme with two -wire module Toro TDC Underhill International Underhill 2 Wire (must be installed with a Hunter ICC Controller) Hunter ACC Decoder Controller C Upright steel pipe may be installed to carry negation tubing to pavilion canopy for hanging pot watering as a substitution for boring through pavilion footing 1 The pipe must be anchored with a footing sized to meet owner s requirement connected to the pavilion canopy and coated to meet exact specifications of Pavilion coating 2 Contractor must have previous experience with this type of construction or refer the work to a partnering company or subcontractor with experience of successful completion of such work END OF SECTION SUMMARY 01100 2 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1 I RELATED DOCUMENTS A Drawings and general provisions of the Contract including General and Supplementary Conditions and other Division 1 Specification Sections apply to this Section 12 SUMMARY A This Section includes requirements for temporary utilities support facilities and security and protection facilities B Related Sections include the following 1 Division 2 Section Earthwork 2 Division 2 Section Unit Pavers 3 Division 2 Section `Imgation' 13 DEFINITIONS A Permanent Enclosure As determined by Architect permanent or temporary roofing is complete insulated and weathertight exterior walls are insulated and weatherhght and all openings are closed with permanent construction or substantial temporary closures 14 QUALITY ASSURANCE A Electric Service Comply with NECA NEMA and UL standards and regulations for temporary electric service Install service to comply with NFPA 70 PART PRODUCTS 21 MATERIALS A Portable Chain Link Fencing Minimum 2 inch 9 gage galvanized steel chain link fabric fencing minimum 6 feet lugh with galvanized steel pipe posts minimum 2 3/8 inch OD line posts and 2 7/8 inch OD corner and pull posts with 1 5/8 inch OD top and bottom rails Provide galvanized steel bases for supporting posts B Wood Enclosure Fence Plywood 4 feet high framed with four 2 by 4 inch rails with preservative treated wood posts spaced not more than 8 feet apart TEMPORARY FACILITIES AND CONTROLS 01500 1 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 22 TEMPORARY FACILITIES A Field Offices General Prefabricated or mobile units with serviceable finishes temperature controls and foundations adequate for normal loading B Common Use Field Office Of sufficient size to accommodate needs of construction personnel Keep office clean and orderly Furnish and equip offices as follows 1 Drinking water and private toilet 2 Coffee machine and supplies 3 Heating and cooling equipment necessary to maintain a uniform indoor temperature of 68 to 72 deg F C Storage and Fabrication Sheds Provide sheds sized furnished and equipped to accommodate materials and equipment for construction operations 1 Store combustible materials apart from building 23 EQUIPMENT A Fire Extinguishers Portable UL rated with class and extinguishing agent as required by locations and classes of fire exposures B HVAC Equipment Unless Owner authorizes use of permanent HVAC system provide vented self contained liquid propane gas or fuel oil heaters with individual space thermostatic control 1 Use of gasoline burning space heaters open flame heaters or salamander type heating units is prohibited PART 3 EXECUTION 31 32 INSTALLATION GENERAL A Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work Relocate and modify facilities as required by progress of the Work Staging area may be located at north end of Plaza when ice rink is removed TEMPORARY UTILITY INSTALLATION A General Install temporary service or connect to existing service B Sanitary Facilities Provide temporary toilets wash facilities and drinking water for use of construction personnel Comply with authorities having jurisdiction for type number location operation and maintenance of fixtures and facilities C Heating Provide temporary heating required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity Select equipment that will not have a harmful effect on completed installations or elements being installed TEMPORARY FACILITIES AND CONTROLS 01500 2 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION D Ventilation and Humidity Control Provide temporary ventilation required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of high humidity Select equipment that will not have a harmful effect on completed installations or elements being installed Coordinate ventilation requirements to produce ambient condition required and minimize energy consumption E Electric Power Service Use of Owner's existing electric power service will be permitted as long as equipment is maintained in a condition acceptable to Owner F Lighting Provide temporary lighting with local switching that provides adequate illumination for construction operations observations inspections and traffic conditions Install lighted Project identification sign Provide superintendent with cellular telephone or portable two way radio for use when away from field office 33 SUPPORT FACILITIES INSTALLATION A General Comply with the following Maintain support facilities until near Substantial Completion Remove before Substantial Completion Personnel remaining after Substantial Completion will be permitted to use permanent facilities under conditions acceptable to Owner B Temporary Roads and Paved Areas Construct and maintain temporary roads and paved areas adequate for construction operations 1 Provide dust control treatment that is nonpolluting and nontrackmg Reapply treatment as required to minimize dust 2 Prepare subgrade and install subbase and base for temporary roads and paved areas according to Division 2 Section "Earthwork 3 Recondition base after temporary use including removing contaminated material regrading proofrolling compacting and testing C Traffic Controls Comply with requirements of authorities having jurisdiction Protect existing site improvements to remain including curbs pavement and utilities Maintain access for fire fighting equipment and access to fire hydrants D Parking Provide temporary parking areas for construction personnel E Dewatering Facilities and Drams Comply with requirements of authorities having jurisdiction Maintain Project site excavations and construction free of water F Project Identification and Temporary Signs Provide Project identification and other signs to inform public and individuals seeking entrance to Project Unauthorized signs are not permitted Provide temporary directional signs for construction personnel and visitors Maintain and touchup signs so they are legible at all times TEMPORARY FACILITIES AND CONTROLS 01500 3 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION G Waste Disposal Facilities Provide waste collection containers in sizes adequate to handle waste from construction operations Comply with requirements of authorities having jurisdiction Comply with Division 1 Section 'Execution Requirements" for progress cleaning requirements Lifts hoist and motorized vehicles are considered tools and equipment and not temporary facilities 34 SECURITY AND PROTECTION FACILITIES INSTALLATION Provide protective coverings barriers devices signs or other procedures to protect A Environmental Protection Provide protection operate temporary facilities and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air waterway and subsoil contamination or pollution or other undesirable effects B Temporary Erosion and Sedimentation Control Provide measures to prevent soil erosion and discharge of soil bearing water runoff and airborne dust to adjacent properties and walkways according to requirements of authorities having jurisdiction Inspect repair and maintain erosion and sedimentation control measures during construction until permanent vegetation has been established C Stormwater Control Comply with authorities having jurisdiction Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rams D Tree and Plant Protection Install temporary fencing located as indicated or outside the dnp line of trees to protect vegetation from damage from construction operations Protect tree root systems from damage flooding and erosion E Site Enclosure Fence Before each construction phase begins furnish and install site enclosure fence in a manner that will prevent people and ammals from easily entering site except by entrance gates 1 Extent of Fence As required to enclose Project site portion determined sufficient to accommodate construction operations F Security Enclosure and Lockup Install substantial temporary enclosure around partially completed areas of construction Provide lockable entrances to prevent unauthorized entrance vandalism theft and similar violations of security G Barricades Warning Signs and Lights Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades including warning signs and lighting H Temporary Walkway Erect structurally adequate, protective sturdy walkway for passage of individuals over excavated areas if they cannot be backfilled before pedestrians must enter Coordinate with entrance gates other facilities and obstructions TEMPORARY FACILITIES AND CONTROLS 01500 4 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Provide dry 'W plywood decking protective enclosure walls barricades warning signs lights safe and well drained walkways handrails if necessary and siunlar provisions for protection and safe passage If decking cannot be kept dry install rubber mats to ensure safe pedestrian access 3 5 OPERATION TERMINATION AND REMOVAL A Supervision Enforce strict discipline in use of temporary facilities To minimize waste and abuse limit availability of temporary facilities to essential and intended uses B Maintenance Maintain facilities in good operating condition until removal Maintain operation of temporary enclosures heating cooling humidity control ventilation and similar facilities on a 24 hour basis where required to achieve indicated results and to avoid possibility of damage C Operate Project identification sign lighting daily from dusk until dawn D Temporary Facility Changeover Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion E Termination and Removal Remove each temporary facility when need for its service has ended when it has been replaced by authorized use of a permanent facility or no later than Substantial Completion Complete or if necessary restore permanent construction that may have been delayed because of interference with temporary facility Repair damaged Work clean exposed surfaces and replace construction that cannot be satisfactorily repaired Materials and facilities that constitute temporary facilities are property of Contractor Owner reserves right to take possession of Project identification signs Remove temporary paving not intended for or acceptable for integration into permanent paving Where area is intended for landscape development remove soil and aggregate fill that do not comply with requirements for fill or subsoil Remove materials contaminated with road oil asphalt and other petrochemical compounds and other substances that might impair growth of plant materials or lawns Repair or replace street paving curbs and sidewalks at temporary entrances as required by authorities having jurisdiction At Substantial Completion clean and renovat END OF SECTION TEMPORARY FACILITIES AND CONTROLS e 01500 5 CITY OF FORT COLLINS 10 January 2008 SECTION 02300 EARTHWORK PART GENERAL 11 RELATED DOCUMENTS OLD TOWN SQUARE IRRIGATION A Drawings and general provisions of the Contract including General and Supplementary Conditions and Division 1 Specification Sections apply to this Section 12 SUMMARY A This Section includes the following 1 Preparing subgrades for concrete pavers 2 Subbase course for concrete pavers 3 Subsurface drainage backfill for walls and trenches 4 Excavating and backfillmg trenches for buried imgation piping and wiring B Related Sections include the following I Division 1 Section 'Temporary Facilities and Controls for temporary controls utilities and support facilities 2 Division 2 Section "Unit Pavers 3 Division 2 Section "Imgation " 13 DEFINITIONS A Backfill Soil matenal or controlled low strength material used to fill an excavation 1 Sub base Backfill Backfill placed under aggregate base 2 Sand Backfill Backfill placed around pipe and in paver senng bed B Aggregate Base Course placed between the sub base course and setting bed sand C Sand Setting Bed Course placed over the aggregate base and in a trench before laying pipe D Borrow Soil Satisfactory soil imported from off site for use as fill or backfill E Excavation Removal of matenal encountered above subgrade elevations and to lines and dimensions indicated 1 Authorized Additional Excavation Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by Architect Authorized additional excavation and replacement matenal will be paid for according to Contract provisions for changes in the Work 2 Unauthorized Excavation Excavation below subgrade elevations or beyond indicated Imes and dimensions without direction by Architect Unauthorized excavation as well as remedial work directed by Architect shall be without additional compensation EARTHWORK 02300 1 CITY OF FORT COLLINS 10 January 2008 14 15 16 F Fill Soil materials used to raise existing grades OLD TOWN SQUARE IRRIGATION G Structures Buildings footings foundations retaining walls slabs tanks curbs mechanical and electrical appurtenances or other man made stationary features constructed above or below the ground surface H Aggregate Sub Base Course Course placed between the sub base and paver sand setting bed I Sub base Undisturbed soil under aggregate sub base J Utilities On site underground pipes conduits ducts and cables as well as underground services within buildings SUBMITTALS A Product Data For the following 1 Each type of plastic warning tape 2 Geotextile 3 Controlled low strength material including design mixture B Material Test Reports From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated 1 Classification according to ASTM D 2487 of each borrow soil material proposed for fill and backfill 2 Laboratory compaction curve according to ASTM D 698 for each borrow soil material proposed for fill and backfill QUALITY ASSURANCE A Geotechnical Testing Agency Qualifications An independent testing agency qualified according to ASTM E 329 to conduct soil materials and rock definition testing as documented according to ASTM D 3740 and ASTM E 548 B Preexcavation Conference Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination " PROJECT CONDITIONS A Existing Utilities Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Owner and then only after arranging to provide temporary utility services according to requirements indicated Notify Owner not less than two days in advance of proposed utility interruptions Do not proceed with utility interruptions without Owner s written permission Contact utility locator service for area where Project is located before excavating EARTHWORK 02300 2 SECTION 00020 INVITATION TO BID Date January 16 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 7 2008 for the OLD TOWN SQUARE IRRIGATION BID NO 6084 If delivered, they are to be delivered to 215 North Mason Street 2nd Floor Fort Collins Colorado 80524 If mailed, the mailing address is P O Box 580 Fort Collins CO 80522-0580 At said place and time and promptly thereafter all Bids that have been duly received will be publicly opened and read aloud The Contract Documents provide for the construction of Bid 6084 Old Town Square Irrigation Replacement of irrigation system main line and lateral lines valves sprinkler irrigation components including sprinkler heads drip irrigation controller unit and reinstallation of decorative paver plaza surface 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 16 2008 A prebid conference and job walk with representatives of prospective Bidders will be held at 10 30 am on January 24, 2008, next to the Ice Rink in Old Town Square Fort Collins Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting Bids will be received as set forth in the Bidding Documents The Work is expected to be commenced within the time as required by Section 2 3 of General Conditions Substantial Completion of the Work is required as specified in the Agreement The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids The OWNER reserves the right to reject any and all Bids and to waive any informalities and irregularities therein Rev 10/20107 Section 00020 Page 1 CITY OF FORT COLLINS 10 January 2008 PART2 PRODUCTS 2 1 SOIL MATERIALS 22 23 OLD TOWN SQUARE IRRIGATION A General Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations B Satisfactory Soils ASTM D 2487 Soil Classification Groups GW GP GM SW SP and SM or a combination of these groups free of rock or gravel larger than 3 inches in any dimension debns waste frozen materials vegetation and other deletenous matter C Unsatisfactory Soils Soil Classification Groups GC SC CL ML OL CH MH OH and PT according to ASTM D 2487 or a combination of these groups 1 Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction D Sub Base Material Naturally or artificially graded mixture of natural or crushed gravel crushed stone and natural or crushed sand ASTM D 2940 with at least 90 percent passing a 1 1/2 inch sieve and not more than 12 percent passing a No 200 sieve E Engineered Aggregate Fill Naturally or artificially graded mixture of natural or crushed gravel crushed stone and natural or crushed sand ASTM D 2940 with at least 90 percent passing a 1 1/2 inch sieve and not more than 12 percent passing a No 200 sieve F Bedding Course Naturally or artificially graded mixture of natural or crushed gravel crushed stone and natural or crushed sand ASTM D 2940 except with 100 percent passing a 1 inch sieve and not more than 8 percent passing a No 200 sieve GEOTEXTILES A Separation Geotextile Woven geotextle fabnc manufactured for separation applications made from potyolefins or polyesters with elongation less than 50 percent complying with AASHTO M 288 and the following measured per test methods referenced in i Survivability Class 2 AASHTO M 288 2 Grab Tensile Strength 247 lbf ASTM D 4632 3 Sewn Seam Strength 222 lbf ASTM D 4632 4 Tear Strength 90 lbf ASTM D 4533 5 Puncture Strength 90 Ibf ASTM D 4833 6 Apparent Opening Size No 60 sieve maximum ASTM D 4751 7 Permittivity 0 02 per second minimum ASTM D 4491 8 UV Stability 50 percent after 500 hours' exposure ASTM D 4355 ACCESSORIES Warning Tape Acid and alkali resistant polyethylene film warning tape manufactured for marking and identifying underground utilities 6 inches wide and 4 mils thick continuously EARTHWORK 02300 3 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION inscribed with a description of the irrigation pipe or control wire installed 6 above irrigation pipe or wire conduit PART 3 EXECUTION 31 PREPARATION A Protect structures utilities sidewalks pavements and other facilities from damage caused by settlement lateral movement undernunmg washout and other hazards created by earthwork operations B Protect and maintain erosion and sedimentation controls 32 DEWATERING 33 34 A Prevent surface water and ground water from entering excavations from ponding on prepared subgrades and from flooding Project site and surrounding area B Protect subgrades from softening undenruning washout and damage by ram or water accumulation 1 Reroute surface water runoff away from excavated areas Do not allow water to accumulate in excavations Do not use excavated trenches as temporary drainage ditches 2 Install a dewatering system to keep subgrades dry and convey ground water away from excavations Maintain until dewatering is no longer required EXPLOSIVES Do not use explosives EXCAVATION GENERAL A Unclassified Excavation Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered Unclassified excavated materials may include rock soil materials and obstructions No changes in the Contract Sum or the Contract Time will be authorized for rock excavation or removal of obstructions 35 A 36 1 If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock replace with satisfactory soil materials EXCAVATION FOR WALKS AND PAVEMENTS Excavate surfaces under walks and pavements to indicated lines cross sections elevations and subgrades UNAUTHORIZED EXCAVATION EARTHWORK 02300 4 CITY OF FORT COLLINS 10 January 2008 MrA 38 OLD TOWN SQUARE IRRIGATION A Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom without altering top elevation Lean concrete fill with 28 day compressive strength of 2500 psi may be used when approved by Architect I Fill unauthorized excavations under other construction or utility pipe as directed by Architect STORAGE OF SOIL MATERIALS A Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing Place grade and shape stockpiles to dram surface water Cover to prevent windblown dust A B 39 A 0 3 10 A 1 Stockpile soil materials away from edge of excavations Do not store within drip line of remaining trees BACKFILL Place and compact backfill in excavations promptly but not before completing the following 1 Construction below finish grade including where applicable subdramage dampproofing waterproofing and perimeter insulation 2 Surveying locations of underground utilities for Record Documents 3 Removing trash and debris 4 Removing temporary shoring and bracing and sheeting Place backfill on subgrades free of mud frost snow or ice SOIL FILL Place and compact fill material in layers to required elevations as follows 1 Under planted areas use satisfactory soil material 2 Under walks and pavements use satisfactory soil material 3 Under steps and ramps use engineered fill 4 Under budding slabs use engineered fill Place soil fill on subgrades free of mud frost snow or ice SOIL MOISTURE CONTROL Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before compaction to within 2 percent of optimum moisture content Do not place backfill or fill soil material on surfaces that are muddy frozen or contain frost or ice EARTHWORK 02300 5 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Remove and replace or scarify and au dry otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight 11 COMPACTION OF SOIL BACKFILLS AND FILLS A Place backfill and fill soil materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment and not more than 4 niches in loose depth for material compacted by hand operated tampers B Place backfill and fill soil materials evenly on all sides of structures to required elevations and uniformly along the full length of each structure C Compact soil materials to not less than the following percentages of maximum dry unit weight according to ASTM D 698 Under structures building slabs steps and pavements scanfy and recompact top 12 inches of existing subgrade and each layer of backfill or fill soil material at 95 percent Under walkways scarify and recompact top 6 inches below subgrade and compact each layer of backfill or fill soil material at 95 percent Under lawn or unpaved areas scarify and recompact top 6 inches below subgrade and compact each layer of backfill or fill soil material at 85 percent 312 GRADING A General Uniformly grade areas to a smooth surface free of irregular surface changes Comply with compaction requirements and grade to cross sections lines and elevations indicated Provide a smooth transition between adjacent existing grades and new grades Cut out soft spots fill low spots and trim high spots to comply with required surface tolerances B Site Grading Slope grades to direct water away from buildings and to prevent ponding Finish subgrades to required elevations within the following tolerances Lawn or Unpaved Areas Plus or minus 1/2 inch Walks Plus or mmus 1/2 inch Pavements Plus or minus 1/2 inch C Grading inside Building Lines Finish subgrade to a tolerance of 1/2 inch when tested with a 10 foot straightedge 13 SUBBASE AND BASE COURSES A Place aggregate course on subgrades free of mud frost snow or ice B On prepared subgrade place aggregate course under pavements and walks as follows EARTHWORK 02300 6 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION 1 Install separation geotexthle on prepared subgrade according to manufacturer's written instructions overlapping sides and ends 2 Shape subbasecourse to required crown elevations and cross slope grades 3 Place subbasecourse 6 inches or less in compacted thickness in a single layer 4 Place subbasecourse that exceeds 6 inches in compacted thickness in layers of equal thickness with no compacted layer more than 6 inches thick or less than 3 inches thick 5 Compact subbasecourse at optimum moisture content to required grades lines cross sections and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 698 3 14 FIELD QUALITY CONTROL A Testing Agency Owner will engage a qualified independent geotechnical engineering testing agency to perform field quality control testing B Allow testing agency to inspect and test subgrades and each fill or backfill layer Proceed with subsequent earthwork only after test results for previously completed work comply with requirements C Footing Subgrade If footing subgrade is disturbed test will be performed to verify design bearing capacities D Testing agency will test compaction of soils in place according to ASTM D 1556 ASTM D 2167 ASTM D 2922 and ASTM D 2937 as applicable At a minimum tests will be performed at the following locations and frequencies Trench Backfill At each compacted initial and final backfill layer at least 1 test for each 150 feet or less of trench length but no fewer than 2 tests E When testing agency reports that subgrades fills or backfills have not achieved degree of compaction specified scarify and moisten or aerate or remove and replace soil to depth required recompact and retest until specified compaction is obtained 15 PROTECTION A Protecting Graded Areas Protect newly graded areas from traffic freezing and erosion Keep free of trash and debris B Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded rutted settled or where they lose compaction due to subsequent construction operations or weather conditions Scanty or remove and replace soil material to depth as directed by Architect reshape and recompact C Where settling occurs before Project correction period elapses remove finished surfacing backfill with additional soil material compact and reconstruct surfacing EARTHWORK 02300 7 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Restore appearance quality and condition of finished surfacing to match adjacent work and eliminate evidence of restoration to greatest extent possible 3 16 DISPOSAL OF SURPLUS AND WASTE MATERIALS A Disposal Remove surplus satisfactory soil and waste material including unsatisfactory soil trash and debris and legally dispose of it off Owner's property END OF SECTION EARTHWORK 02300 8 CITY OF FORT COLLINS 10 January 2008 SECTION 02780 UNIT PAVERS PART1 GENERAL 101 RELATED DOCUMENTS OLD TOWN SQUARE IRRIGATION A Drawings and general provisions of the Contract including General and Supplementary Conditions and Division 1 Specification Sections apply to this Section 102 SUMMARY A This Section includes the following 1 Concrete pavers set in sand setting bed 2 Edge restraints for unit pavers B Related Sections include the following Division 2 Section Earthwork" for compacted subgrade and subbase course if any under unit pavers 103 SUBMITTALS A Product Data For the following 1 Concrete pavers 2 Sand setting bed sieve analysis report 3 Sand Joint filler sieve analysis report B Samples for Initial Selection Manufacturer's color charts consisting of units or sections of units showing the full range of colors textures and patterns available for each type of unit paver indicated 1 Include similar Samples of material for Joints and accessories involving color selection C Samples for Verification Full size units of each type of unit paver indicated in sets for each color texture and pattern specified showing the full range of variations expected in these characteristics Include Samples of exposed edge restraints D Qualification Data For firms and persons specified in "Quality Assurance" Article to demonstrate their capabilities and experience Include lists of completed projects with project names and addresses square footage of unit pavers installed names and addresses of architects and owners and descriptions of subbase preparation UNIT PAVERS 02780 1 CITY OF FORT COLLINS 10 January 2008 104 QUALITY ASSURANCE OLD TOWN SQUARE IRRIGATION A Installer Qualifications An experienced installer who has completed unit paver installations similar in material design and extent to that indicated for this Project and whose work has resulted in construction with a nnmmum 5 year record of successful in service performance B Source Limitations Obtain each type of unit paver joint material and setting material from one source with resources to provide materials and products of consistent quality in appearance and physical properties C Mockups Before installing unit pavers build mockups for each form and pattern of unit pavers required to verify selections made under sample Submittals and to demonstrate aesthetic effects and qualities of materials and execution Build mockups to comply with the following requirements using materials indicated for the completed Work including same base construction special features for expansion joints and contiguous work as indicated Build mockups in a location indicated as permanent installation and of the size indicated as directed by Engineer Notify Engineer seven days in advance of dates and times when mockups will be constructed Demonstrate the proposed range of aesthetic effects and workmanship Obtain Engineer's approval of mockups before starting unit paver installation Approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion 1 05 DELIVERY STORAGE AND HANDLING A Protect unit pavers and aggregate during storage and construction against soiling or contamination from earth and other materials Cover pavers with plastic or use other packaging materials that will prevent rust marks from steel strapping PART2 PRODUCTS 201 MANUFACTURERS A Available Manufacturers Subject to compliance with requirements manufacturers offering products that may be incorporated into the Work include but are not limited to the following B Manufacturers Subject to compliance with requirements provide products by one of the following 1 Concrete Pavers a Hanover Engineermal Products Inc b Hastings Pavement Co Inc c Pavestone Inc d Wassau Tile Inc Terra Paving Div UNIT PAVERS 02780 2 CITY OF FORT COLLINS 10 January 2008 202 COLORS AND TEXTURES OLD TOWN SQUARE IRRIGATION A Colors and Textures As indicated by manufacturer's designations as follows I Pavestone Plaza 1 Stones in random Pattern Color to be a random mix of 50% of each Pavestone standard color Old Town Blend and Winter Blend 2 Pavestone Plaza 1 Stones running bond pattern Color to be a random mix of 50% of each Pavestone standard color Old Town Blend' and Winter Blend 203 UNIT PAVERS A Concrete Pavers Solid interlocking paving units ASTM C 936 made from normal weight aggregates in sizes and shapes indicated with mmmmum 28 day compressive strength of 5000 psi 204 AGGREGATE SETTING BED MATERIALS A Graded Aggregate for Subbase Sound crushed stone or gravel complying with ASTM D 448 for Size No 57 B Graded Aggregate for Base Sound crushed stone or gravel complying with ASTM D 448 for Size No 8 C Sand for Leveling Course and for Backfill around irrigation pipe and conduit Sound sharp washed natural sand or crushed stone complying with gradation requirements of ASTM C 33 for fine aggregate D Sand for Joints Fine sharp washed natural sand or crushed stone with 100 percent passing No 16 (1 18 mm) sieve and no more than 10 percent passing No 200 (0 075 mm) sieve PART 3 EXECUTION 301 EXAMINATION A Examine areas indicated to receive paving with Installer present for compliance with requirements for installation tolerances and other conditions affecting performance Proceed with installation only after unsatisfactory conditions have been corrected 302 PREPARATION A Compact subgrade surface to check for unstable areas and areas requiring additional compaction Proceed with unit paver installation only after deficient subgrades have been corrected and are ready to receive subbase for unit pavers 303 INSTALLATION GENERAL UNIT PAVERS 02780 3 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 A Do not use unit pavers with chips cracks voids discoloration and other defects that might be visible or cause staining in finished work B Mix pavers from several pallets or cubes as they are placed to produce uniform blend of colors and textures C Cut unit pavers with motor driven masonry saw equipment to provide clean sharp unchipped edges Cut units to provide pattern indicated and to fit adjoining work neatly Use full units without cutting where possible Hammer cutting is not acceptable 1 For concrete pavers a block splatter may be used D Joint Pattern As indicated E Tolerances Do not exceed 1/32 inch unit to unit offset from flush (lippage) nor 1/8 inch in 10 feet from level or indicated slope for finished surface of paving F Provide edge restraints as indicated Install edge restraints before placing unit pavers 1 Install Job built concrete edge restraints to comply with requirements in Division 3 Section Cast in Place Concrete' 304 AGGREGATE SETTING BED PAVER APPLICATIONS A Compact soil subgrade uniformly to at least 95 percent of ASTM D 1557 laboratory density B Place aggregate base in thickness indicated Compact by tamping with plate vibrator and screed to depth required to allow setting of pavers C Place leveling course and screed to a thickness of 1 to 1 1/4 inches taking care that moisture content remains constant and density is loose and constant until pavers are set and compacted Place leveling course such that installed unit pavers will set 1/8 to 1/4 inches above edge restraints D Treat leveling base with soil sterilizer to inhibit growth of grass and weeds E Set pavers with a minimum Joint width of 1/16 inch and a maximum of 1/8 inch being careful not to disturb leveling base If pavers have spacer bars place pavers hand tight against spacer bars Use string Imes to keep straight lines Fill gaps between units that exceed 3/8 inch with pieces cut to fit from full size unit pavers When installation is performed with mechanical equipment use only unit pavers with spacer bars on sides of each unit F Vibrate pavers into leveling course with a low amplitude plate vibrator capable of a 3500 to 5000 lbf compaction force at 80 to 90 Hz Perform at least three passes across paving with vibrator Vibrate under the following conditions After edge pavers are installed and there is a completed surface or before surface is exposed to rain UNIT PAVERS 02780 4 Bid security in the amount of not less than 5% 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 am s B O'Neill II CPPO FNIGP u hasing & Risk Management Director Rev1On0/07 Section 00020 Page 2 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Before ending each day's work fully compact installed concrete pavers to within 36 inches of the laying face Cover open layers with nonstaining plastic sheets overlapped 48 inches on each side of the laying face to protect it from ram G Spread dry sand and fill joints immediately after vibrating pavers into leveling course Vibrate pavers and add sand until Joints are completely filled then remove excess sand Leave a slight surplus of sand on the surface for joint filling H Do not allow traffic on installed pavers until sand has been vibrated into Joints Repeat Joint filling process 30 days later 305 REPAIR POINTING CLEANING AND PROTECTION A Remove and replace unit pavers that are loose chipped broken stained or otherwise damaged or that do not match adjoining units as intended Provide new units to match adjoining units and install in same manner as onginal units with same joint treatment and with no evidence of replacement END OF SECTION UNIT PAVERS 02780 5 No Text CITY OF FORT COLLINS 10 January 2008 SECTION 02810 IRRIGATION PART 1 GENERAL 101 SCOPE OLD TOWN SQUARE IRRIGATION Furnish all labor materials supplies equipment tools and transportation and perform all operations in connection with and reasonably incidental to the complete installation of the irrigation system and guarantee/waranty as shown on the drawings the installation details and as specified herein Items of work specifically included are A Procurement of all applicable licenses permits and fees B Marking of existing utility locations with chalk based paint for easy removal C Connection of inngathon mainline from existing irrigation tap D Installation of irrigation system E Connection of irrigation control system F Maintenance penod 102 RELATED WORK A Drawings and general provisions of the Contract including General and Supplementary Conditions and Division 1 Specification Sections apply to this Section 103 SUBMITTALS A Submit work schedule naming dates that each phase and task will be completed to ensure work completion by May 2 2008 B Materials List Include pipe fittings mainline components water emission components control system components Quantities of materials need not be included C Manufacturers Data Submit manufacturer's catalog cuts specifications and operating instructions for equipment shown on the materials list D Shop Drawings Submit shop drawings called for but not included in the installation details Shop products required for proper installation their relative locations and critical dimensions Note modifications to the installation detail E Controller Charts Submit controller charts for review IRRIGATION 02810 1 CITY OF FORT COLLINS 10 January 2008 104 RULES AND REGULATIONS OLD TOWN SQUARE IRRIGATION A Work and materials shall be in accordance with the latest edition of the National Electric Code the Uniform Plumbing Code as published by the Western Plumbing Officials Association and applicable laws and regulations of the governing authorities B When the contract documents call for materials or construction of a better quality or larger size than required by the above mentioned rules and regulations provide the quality and size required by the contract documents 105 TESTING A Notify the Owner s Representative three days in advance of testing B Pipelines jointed with rubber gaskets or threaded connections may be subjected to a pressure test at anytime after partial completion of backfill Pipelines jointed with solvent welded PVC joints shall be allowed to cure at least 24 hours before testing C Subsections of mainline pipe may be tested independently subject to the review of the Owner s Representative D Furnish clean clear water pumps labor fittings and equipment necessary to conduct tests or retests E Hydrostatic Pressure Test Backfill to prevent pipe from moving under pressure Expose couplings and fittings Subject mainline pipe to a hydrostatic pressure equal to 100 psi for two hours Leakage will be detected by visual inspection Upon detection of leaks replace defective pipe fitting joint valve or appurtenance as appropriate to eliminate leak Repeat the test until the pipe passes test (no leaks) The Owner's Representative must visually verify the test result and provide written approval F Coverage Test Activate each remote control valve in sequence The Owner's Representative will visually observe water application patterns Adjust or move system components to correct coverage deficiencies Repeat the test until the system passes test G Cement or caulking to seal leaks is prohibited 106 REVIEWS A Sprinkler Layout Review IRRIGATION 02810 2 CITY OF FORT COLLINS 10 January 2008 C 107 OLD TOWN SQUARE IRRIGATION i Notify Owner s Representative three days in advance of review Static pressure at water supply must be verified prior to review 2 Stake each sprinkler location remote control valve assembly gate valve and all other irrigation system assemblies (including mainline and lateral lines) Different sprinkler types shall be clearly marked Revise layout as directed by Owner's Representative Layout review may be repeated at discretion of Owner's Representative 3 All landscape edging tree locations and other known site features must be staked or clearly marked prior to sprinkler layout review 4 Where the irrigation system must be modified due to discrepancies between the irrigation plans and actual site conditions the layout shall be modified per the direction of the Owner's Representative Where modifications result in the addition or deletion of irrigation equipment the Contractor shall be paid or the Owner credited per irrigation unit cost schedule 5 Layout review shall occur prior to installation of irrigation system unless otherwise directed by Owner s Representative Review will occur at substantial completion of irrigation system Final review will be performed after completion of punch list items and the completion of record (as built) drawings GUARANTEE/WARRANTY AND REPLACEMENT The purpose of this guarantee/warranty is to insure that the Owner receives irrigation materials of prime quality installed and maintained in a thorough and careful manner A For a period of one year from the date of final acceptance guarantee/warranty irrigation materials equipment and workmanship against defects Fill and repair depressions Restore landscape or structural features damaged by the settlement of irrigation trenches or excavations Repair damage to the premises caused by a defective item Make repairs within three days of notification from the Owner's Representative B Contract documents govern replacements the same as new work Make replacements at no cost in contract price C Guarantee/warranty applies to originally installed materials and equipment and replacements made during the guarantee/warranty period IRRIGATION 02810 3 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 PART 2 MATERIALS 201 QUALITY A Materials used in the system shall be new and without flaws or defects of any type and shall be the best of their class and kind 202 SUBSTITUTIONS A Substitutions are not encouraged and as a general rule will not be allowed B Submit requests for substitutions prior to bidding Subsequent requests for substitutions will be considered only when a product becomes unavailable C Submit complete data showing compliance with the Contract Documents D In making a request for substitution the Contractor represents that he Has investigated the proposed substitution and found that it is of the same or better quality level capacity function or appearance than the specified product Will coordinate installation and make modifications to the work which may be required for complete installation Will bear all costs resultmg from necessary changes caused by the substitution E The Owner will determine acceptability of proposed substitution and will notify Contractor of acceptance or rejection F Pipe sizes referenced in the construction documents are minimum sizes and may be increased at the option of the Contractor 203 ALTERNATE CONTROL SYSTEM A Bid may be submitted for installation of Phase 1 only in 2008 B Bid may be submitted for installation of two wire control system as sold by Weathermatic Toro or Underhill International as an alternative to existing controller and conventional multiple control wiring system C Bid may be submitted for lmgation pipe access to pavilion area by altenative means 204 SLEEVING A Install separate sleeve beneath paved areas to route each run of irrigation pipe or wiring bundle as shown on drawings B Sleevmg material beneath pedestrian pavements shall be PVC Class 200 pipe with solvent welded Joints IRRIGATION 02810 4 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 C Sleeving beneath drives and streets shall be PVC Schedule 40 pipe with solvent welded Joints D Sleevmg diameter As indicated on the drawings and installation details but not less than twice the nominal size of pipe held within 205 PIPE AND FITTINGS A Mainline Pipe and Fittings Use rigid unplasficized polyvinyl chloride (PVC) 1120 1220 National Sanitation Foundation (NSF) approved pipe extruded from material meeting the requirements of Cell Classification 12454 A or 12454 B ASTM Standard D1784 with an integral belled end Use Schedule 40 conforming to the dimensions and tolerances established by ASTM Standard D1785 Use Schedule 40 Type I PVC solvent weld fittings conforming to ASTM Standards D2466 and DI784 Use pruner approved by the pipe manufacturer Solvent cement to conform to ASTM Standard D2564 B Lateral Pipe and Fittings Use rigid unplasttcized polyvinyl chloride (PVC) 1120 1220 National Sanitation Foundation (NSF) approved pipe extruded from material meeting the requirements of Cell Classification 12454 A or 12454 B ASTM Standard D1784 with an integral belled end suitable for solvent welding Use Class 200 SDR 21 rated at 200 psi conforming to the dimensions and tolerances established by ASTM Standard D2241 Fittings for PVC pipe shall be Schedule 40 Type I PVC solvent weld fittings ASTM Standards D2466 and D1784 Use primer approved by the pipe manufacturer Solvent cement to conform to ASTM Standard D2564 of a type approved by the pipe manufacturer C Specialized Pipe and Fittings Copper pipe Type "K' rigid conforming to ASTM Standard B88 Fittings shall be wrought copper or cast bronze soldered or threaded per the installation details Solder shall be 95% tin and 5% antimony Use a dielectric union wherever a copper based metal (copper brass bronze) is Joined to an iron based metal (iron galvanized steel stainless steel) Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 40 threaded fittings IRRIGATION 02810 5 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION 4 Joint sealant Use only Teflon type tape pipe joint sealant on plastic threads Use nonhardening nontoxic pipe Joint sealant formulated for use on water carrying pipes on metal threaded connections 206 MAINLINE COMPONENTS A Isolation Ball Valve Assembly as presented in the installation details B Quick Coupling Valve Assembly swing Joints as presented in the installation details C Remote Control Master Valve install as presented in the installation details D Winterization Assembly Install as presented in the installation details on backflow preventer at approximate location shown on plan Install quick coupler valve assembly for the purpose of winterization on PVC pipe near Old Town Square point of connection 207 SPRINKLER IRRIGATION COMPONENTS A Remote Control Valve (RCV) Assembly for Sprinkler and Drip Laterals as presented in the installation details B Sprinkler Assembly as presented in the drawings and installation details C Irrigation Controller Unit Attach control wire to existing controller as shown on plan Wire markers Prenumbered or labeled with indelible nonfadmg ink made of permanent nonfadmg material D Control Wire 1 Electric wire from the controller unit to each remote control valve shall be American Wire Gauge (AWG) No 14 solid copper Type OF cable UL approved for direct underground burial Common wire shall be AWG No 12 solid copper Type OF cable UL approved for underground burial 2 Color Wire color shall be continuous over its entire length Use white for common ground wire Make no underground splices in common wire except at valves Use easily distinguished colors for other control wires Spare control wires shall be of a color different from that of the active control wire Use different wire colors for the common control and spare for each controller NO EXCEPTIONS 3 Splices As presented in installation details 4 Encase wiring not located near PVC irrigation pipe in PVC Schedule 40 electrical conduit All wire under sidewalks and pavements shall be encased in a sleeve 208 DRIP IRRIGATION IRRIGATION 02810 6 CITY OF FORT COLLINS 10 January 2008 A As shown on plan and details 209 OTHER COMPONENTS OLD TOWN SQUARE IRRIGATION A Tools and Spare Parts Provide operating keys servicing tools test equipment other items and spare parts indicated in the General Notes of the drawings PART 3 EXECUTION 301 INSPECTIONS AND REVIEWS A Site Inspections 1 Verify site conditions and note irregularities affecting work of this section Report irregularities to the Owner's Representative prior to beginning work 2 Beginning work of this section implies acceptance of existing conditions B Imgation System Layout Review Imgation system layout review will occur after the layout has been completed Notify the Owner's Representative two days in advance of review Modifications will be identified by the Owner's Representative at this review C Verify locations of underground utilities and make markings with chalk based paints for easy removal 302 LAYOUT OF WORK A Stake out the irrigation system Items staked include sprinklers pipe control valves controller and isolation valves Any markings must be made with chalk based paint 3 03 EXCAVATION TRENCHING AND BACKFILLING A Excavate to permit the pipes to be laid at the intended elevations and to permit work space for installing connections and fittings B Minimum cover over all pipe and wire shall be as presented in the installation details C PVC lateral pipes may not be pulled into the soil utilizing a vibratory plow device Minimum burial depths per installation details D Backfill only after lines have been reviewed and tested E Excavated material is generally satisfactory for backfill Backfill shall be free from rubbish vegetable matter frozen materials and stones larger than two inches in maximum dimension IRRIGATION 02810 7 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Remove material not suitable for backfill Backfill placed next to pipe shall be free of sharp objects and rocks which may damage the pipe F Backfill unsleeved pipe in either of the following manners 1 Backfill and puddle the lower half of the trench Allow to dry 24 hours Backfill the remainder of the trench in 6 inch layers Compact to density of surrounding soil 2 Backfill the trench by depositing the backfill material equally on both sides of the pipe in 6 inch layers and compacting to the density of surrounding soil G Enclose pipe and wiring beneath roadways walks curbs etc in sleeves Minimum compaction of backfill for sleeves shall be 95% Standard Proctor Density ASTM D 698 78 Use of water for compaction around sleeves "puddling " will not be permitted H Dress backfilled areas to original grade Incorporate excess backfill into existing site grades I Where utilities interfere with irrigation trenching and pipe work contact the Owner's Representative for trench depth adjustments 304 IRRIGATION TAP AND WATER METER A Connect to tap and water meter as shown on irrigation plan 3 05 SLEEVING AND BORING A Install sleeving at a depth which permits the encased pipe or wiring to remain at the specified burial depth B Extend sleeve ends six inches beyond the edge of the paved surface Cover pipe ends and mark with stakes Mark concrete with a chiseled "X at sleeve end locations C Bore for sleeves under obstructions which cannot be removed Employ equipment and methods designed for horizontal boring 306 ASSEMBLING PIPE AND FITTINGS A General Keep pipe free from dirt and pipe scale Cut pipe ends square and debur Clean pipe ends Keep ends of assembled pipe capped Remove caps only when necessary to continue assembly B Mainline Pipe and Fittings Use only strap type friction wrenches for threaded plastic pipe PVC Solvent Weld Pipe IRRIGATION 02810 8 SECTION 00100 INSTRUCTIONS TO BIDDERS CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION a Use pruner and solvent cement Join pipe in a manner recommended by the manufacturer and in accordance with accepted industry practices b Cure for 30 minutes before handling and 24 hours before allowing water in pipe c Snake pipe from side to side within the trench d Snake pipe from side to side within the trench e Install thrust blocks as specified in the installation details C Lateral Pipe and Fittings Use only strap type friction wrenches for threaded plastic pipe PVC Solvent Weld Pipe a Use primer and solvent cement Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices b Cure for 30 minutes before handling and 24 hours before allowing water in pipe c Snake pipe from side to side within the trench D Specialized Pipe and Fittings Copper Pipe a Buff surfaces to be Joined to a bright finish Coat with solder flux b Solder so that a continuous bead shows around the Joint circumference Insert a dielectric union wherever a copper based metal (copper brass bronze) and an iron based metal (iron galvanized steel stainless steel) are Joined PVC Threaded Connections a Use only factory formed threads Field cut threads are not pemutted b Use only Teflon type tape c When connection is plastic to metal the plastic component shall have male threads and the metal component shall have female threads Make metal to metal threaded connections with Teflon type tape or pipe Joint compound applied to the male threads only 307 INSTALLATION OF MAINLINE COMPONENTS A Backflow Prevention Assembly Install where indicated on the drawings Install assembly so that its elevation orientation access and drainage conform to the manufacturer's recommendations and applicable health codes Include Strong Box enclosures B Isolation Bali Valve Assembly Install where indicated on the drawings IRRIGATION 02810 9 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 C Quick Coupling Valve Assembly Install where indicated on the drawings D Winterization Assembly Install where indicated on the drawings on backflow if possible 308 INSTALLATION OF SPRINKLER IRRIGATION COMPONENTS A Remote Control Valve (RCV) Assembly for Sprinkler Laterals Flush mainline before installation of RCV assembly Install where indicated on the drawings Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires Install connectors and sealant per the manufacturer's recommendations Adjust RCV to regulate the downstream operating pressure B Sprinkler Assembly 1 Flush lateral pipe before installing sprinkler assembly 2 Install per the installation details at locations shown on the drawings 3 Set sprinklers perpendicular to the finish grade 4 Supply appropriate nozzle or adjust are of coverage of each sprinkler for best performance 5 Adjust the radius of throw of each sprinkler for best performance 309 INSTALLATION OF DRIP COMPONENTS A Remote Control Valve (RCV) Assembly for Drip Laterals Flush mainline before installation of RCV assembly B Dripperline Install as shown drawings and details and as recommended by manufacturer Flush dnp laterals and dripperlme thoroughly before completion of each lateral At completion of lateral installation note and record pressure at flush/test valve 3 10 INSTALLATION OF CONTROL SYSTEM COMPONENTS A Irrigation Controller Unit 1 The location of the controller unit as depicted on the drawings is approximate 2 Lightning protection Provide on all remote control valve wiring as recommended by the manufacturer Provide other components such as ground rod grounding wire etc to manufacturer's recommendations 3 Install primary surge protection arrestors on incoming power lines 4 Install one valve output surge protection arrestor on each control wire and one for the common wire IRRIGATION 02810 10 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Attach wire markers to the ends of control wires inside the controller unit housing Label wires with the identification number (see drawings) of the remote control valve to which the control wire is connected Connect control wires to the corresponding controller terminal B Control Wire 1 Bundle control wires where two or more are in the same trench Bundle with pipe wrapping tape spaced at 10 foot intervals 2 Provide a 24 inch excess length of wire in an 8 inch diameter loop at each 90' change of direction at both ends of sleeves and at 100 foot intervals along continuous runs of wiring Do not he wiring loop Coil 24 inch length of wire within each remote control valve box 3 Install common ground wire and one control wire for each remote control valve Multiple valves on a single control wire are not permitted Install Four (4) spare control wires and one (1) spare common wire along the entire length of the mainline Provide a 24 inch length of wire from each end of the spare control wires coiled in the control enclosure and provide a 24 inch length of coiled wire for each spare control wine in a 6 inch round valve box at each distal end of the mainline pipe 4 If a control wire must be spliced make splice with 3M DBY type wire connectors installed per the manufacturer's instructions Locate splice in a valve box which contains an imgatron valve assembly or in a separate appropriately sized valve box Use same procedure for connection to valves as for in line splices 5 Unless noted on plans install wire parallel with and under PVC mainline pipe 6 Encase wire not installed with PVC mainline pipe in electrical conduit 3 10 INSTALLATION OF OTHER COMPONENTS A Tools and Spare Parts Prior to final acceptance supply to the Owner operating keys servicing tools test equipment spare parts indicated in the General Notes on the drawings and any other items indicated on the drawings B Other Materials Install other materials or equipment shown on the drawings or installation details to be part of the migatron system even though such items may not have been referenced in these specifications 3 11 PROJECT RECORD DRAWINGS A Prior to substantial completion obtain from the Owner's Representative copies of the appropriate Drawings in AutoCAD format Using AutoCAD duplicate information contained on the Record Drawings maintained on site Provide electronic AutoCAD format as built drawings on compact disc to the Owner Label each sheet Record Drawing' On the first sheet the Contractor or resident superintendent shall execute the following statement IRRIGATION 02810 11 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Having reviewed this document and all attachments I aff= that to the best of my knowledge the information presented here is true and accurate Signed Position B Record pipe and wrong network alterations Record work which is installed differently than shown on the construction drawings Record accurate reference dimensions measured from at least two permanent reference points of each negation system valve each backflow prevention device each controller or control unit each sleeve end and other irrigation components enclosed within a valve box 3 12 CONTROLLER CHARTS A Prior to final acceptance prepare a reduced copy of the as built plans with valve numbering clearly highlighted at the reduced scale The reduced plan shall be sized to fit flat within the controller laminated in plastic and placed in the controller 313 CLEANUP A Upon completion of work remove from the site all machinery tools excess materials and rubbish END OF SECTION IRRIGATION 02810 12 EOUPMENT SCHEDULE SPRINKLER SCHEDULE GENERAL IRRIGATION NOTES SYMBOL pESCRIPIION syE DESCWP p rixC rroliU E. 9tµG q M ��FP R wW M1RW E U MS ® lan R MECiP M uR0 w Wi W M[CI M k wlu K mT'� NC wA Q M S en MwR u2 sUR YEK w W. ysy w w R*X[ W w�'mM1° ® w5 w'F m R qrs RESEYR b ry w Pff� ED n _ — — _ vE wic xR w nc a .Wu x. 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R zMR ds wuf s.AwrPs ME rozn "" g nusx/ rc we Br K M n sr wR.cz fsswe °�E wL aIE/aW /uE DnE Ex<Esw �uw �an,E W4 w DRPLNE NOTES coWAass s Wa s o. u:f WI[ XN Wwf PMMtf CAP Un 0.w w rt4 YM 9/ Iw mvI w m KKMwu¢ wR.e R wM w 4 A 55 [q W C� NLN04MNiD°� �P RCS MS UWr CE � RW � yN WF eu w EM1 q q YuuL0500.N°(°f x BE NJ ECE O WIGRnf3 x[ [ EWttp M ED (flK iC4 S � °F w pMR eE M zw GY SM� q u4L[ wIp W .w CIX Y OG [ R4 R IM'1 w LM4 Cow u9 nY6f rc R H w SCA W M IX WP Ii9e' A' AB [ww[ cw dx 0.'L KKW K m9Cu tt KK b _ mW µ mKKY H M u/DuttN M Rn M MC P[ Dn ale Mua 4i VYYW uW! [ Rw Nt 44FA5 F[ Eww WftN w M Svc °IPLxENI °C CSLVa KNM1�q/L[ W Po550[MM 4°44 Y� ftixRYAwwrcM S°YHE WES H DR m �xd ECO t¢lM EW Erz ors. ss e< 41 4vE 6 # w.rc m wn uKK n< K rc ns mu W wx rc Ar.f B� wmw �a %� w � m4 w+ a-. w a / m r iroYw`.n zu Ran �� µW rc ow ro n a w azwovL rz �" !°R w 4 4 Nt IE¢W) pl Rwe W Mu w[ '191Rw uS SR tt R Y4M uN iUC. du w PPE SCHEIXILE MD,w w nm1 KR ^ KI If 1 ou pn ) KKY AC R Wu[M% Ht RBevt uwlP4ryg SPRINKLER M� NOTES fl 1 PI 1 p wrtC b WY�H M[4Z(xE AmAiv P e P Pf $ M (G ) 6wnn U M [ I[f0 Y(fXtl Pl[ IR EgEw' R fMdRMRWE w tlw M WR M L KK D fvc sc PK zW w. w. a un s=w:DE w w naps ow 3u'[ unw nD "a M� do u LWd 4rc WP ED Durz / ¢ `" aer. u. a Yrzw ¢oRM d weP re as ¢a ww w .rs o, rm v w w a w KK zoo rz we m an cw /z W+ wzK aw nwwae us wqu[ odic H wrt qaw.' uw N uuw Cw[t rvrs n wm wA'wY u¢ arE Ai uC a° iav f xL ttnw uE S M a SCHEDULE �n XF°0E °X •nf ss SLEVNG _ rzmm �«Ew.0 4 / n rc K vu mrs .ow w w m as w.+,�s oE" oP awA.LE so n Lx os°N o o�m / / M E R Pf Dn�W1✓S RNrrt GK s a a 3 R` SYSTEM OPERATION } IpxIAU BgfC / CHE 5 m E W CN wEE ¢11FA xM y u5 4L SP RC Oxry M' R M D mL Ox M 4L n[a0 DJM1110NT1 DflilOfEEM rEY Cp•61r WTE BF/1 AYIIp41Y JM llb YYMI • DOI _ OLD TOWN SQUARE D"q B61 IRRIGATION JAoT IRRIGATION NOT DM Nw- E�aypn WMa HP 4n MwXYi • q1 Taman dM� fal Cob. Crb M dE MH TIEE dvmWwn Pan.m w nD of mn LI100 Y w vrP w LDaa ....a. va. m•n •o. XE 0. w 0 �f M[ MRSMM WLx.WWM Pw4 Nr[ f w R �I Nlfd RANI wRu XHR W3S9[ YN M w vuL � 6 ova 1 Anm uc � ttQ� X wrs -- ��A c xc�rcwu w rm, / Avvv u xus m ry we use �cN \ \\ PONE \ � COflECTION \ \ \ \ DRIP f sPw <wcu b rn awror Rxsroww RaNrz w � fAiE FR �ONxlw L[MS � +4 Y[ SNfI tl! WWNIOIYN osnwFxExf Nunnwm Pn caeen oxre eFNu +oa xo. OLD TOWN SOUARE _ uurnle «` IRRIGATION � �oNn ¢�xwn wwrs NO 4u Ibv�F �u p JMIePY 3ppB v4b IRRIG -, � ry Fa�N Fvl CeF� CMW gp , aUYMB 1TE v LIM �m•F.-sea— no 0. i l Eap4w M1My %E WV K4 d e .Kwu Arc rc ww w KKLw W Ywn�e ♦ �u I v J�my f008 � Cdweb YGT EV 0.N le I Ir 1 a cater ore K.. Jn xo, worm ar ow — ua eu wo IRRIGATION PLAN 9C� , W�VMp TILM1 L1102 AQf 11W L IrAY AT a Wx.4w m4rzH 103 A 1 1 1 i 103 B i �COWMOWRI YEVfICPE£M MIMOMY di Ldwr E etln YYMd M FM IIwYw •pl Taw ems. Fdl fwb.FilnMiw Y pp pFE r.n ued. caww w o w w Y F/O IM t0Y wd� .[u MY t &U Mm m TM.s oevu rs wRwuW c RRw�ns E sw«Wn. F+rco wus oa rcac wa'W dw sw rc w o xwdc arzu wca ws c LD TOWN RIGATION J i ARY Y JM 19 AYWR er aec I RIIGP OR.aY1e10 TLf. U103 .ffr la 11 1 F_� a v V �w.w xw..�m F •• \ wwmsa �wmm¢R omr .nw �s n. en.ss wnw®w was m re Ci0 /'l &ICVilaw wEY91110M ABBBRY r�W8181 YILYE A188BRLY � 0 0 Aim Cam aw mfflIY 4gA1pN BNL VNYE ABBg�LY a M /cl �OP� SiMY 91Mf{91 �B®!lY +cwrw LAE- � H.".•�'•• wa r nua m" � aw I n a —" wLLwE A18EEEwLY M- Raw w YAILYE &V-E LY ry. aux cowm Mw ABEEIOLY B -a m- A Cq PaiOE OETNddo �,�x M � � � R a .. w � rLusx vuvE esvaar » ^, n eEnuYa Eor w�YEnp •umoorc ® OLD TOWN SQUARE w" IRRIGATION G0 o n wx www TIONm u �u RY wroe vey� a IGATION DETA L, �*w w.w e,.ve.. waw w rr nouxr w m i... awe. wart ca., ca..a vurwa m� ao�w: a aro... can ��1501 �V rux SECTION 00100 INSTRUCTIONS TO BIDDERS 1 0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No 1910-8 1990 ed ) have the meanings assigned to them in the General Conditions The term "Bidder" means one who submits a Bid to OWNER as distinct from a sub -bidder who submits a Bid to Bidder The terms "Successful Bidder" means the lowest qualified responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award The term "Bidding Documents" includes the Advertisement or Invitation to Bid Instructions to Bidders the Bid Form and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) 2 0 COPIES OF BIDDING DOCUMENTS 2 1 Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid No partial sets will be issued The Bidding Documents may be examined at the locations identified in the Invitation to Bid 2 2 Complete sets of Bidding Documents shall be used in preparing Bids neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents 2 3 The submitted Bid proposal shall include Sections 00300 00410 00420 and 00430 fully executed 2 4 OWNER and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use 3 0 QUALIFICATION OF BIDDERS 3 1 To demonstrate qualifications to perform the Work each Bidder must submit at the time of the Bid opening a written statement of qualifications including financial data a summary of previous experience previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract The Statement of Qualifications shall be prepared on the form provided in Section 00420 3 2 In accordance with Section a-160 of the Code of the City of Fort Rev 10/20107 Section 00100 Page 1 Collins in determining whether a bidder is responsible the following shall be considered (1) The ability capacity and skill of the bidder to perform the contract or provide the services required (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference (3) the character integrity reputation judgment experience and efficiency of the bidder (4) the quality of the bidder's performance of previous contracts or services (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service (7) the quality availability and adaptability of the materials and services to the particular use required (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract and (9) any other circumstances which will affect the bidder s performance of the contract 3 3 Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work 3 4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes licenses or other monies due to the City 4 0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4 1 It is the responsibility of each Bidder before submitting a Bid to (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with local conditions that may in any manner affect cost progress or performance of the Work (c) familiarize himself with federal state and local laws ordinances rules and regulations that may in any manner affect cost progress or performance of the Work (d) study and carefully correlate Bidder's observations with the Contract Documents and (e) notify Engineer of all conflicts errors or discrepancies in the Contract Documents 4 2 Reference is made to the Supplementary Conditions for identification of Subsurface and Physical Conditions SC-4 2 4 3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means methods techniques sequences or procedures of construction as may be indicated in or required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work Rev 10/20/07 Section 00100 Page 2 5 0 INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda Questions received less than seven days prior to the date for opening of the Bids may not be answered Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect 5 2 All questions concerning the scope of this project should be directed to the Engineer Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division 5 3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer 5 4 Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents 6 0 BID SECURITY 6 1 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds 6 2 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security whereupon Bid Security will be returned If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening whereupon Bid Security furnished by such Bidders will be returned Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening 7 0 CONTRACT TIME The number of days within which or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement 8 0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Rev 10120/07 Section 00100 Page 3 9 0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract if awarded will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement" The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements 10 0 SUBCONTRACTORS SUPPLIERS AND OTHERS 10 1 Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work Refer to Section 00430 contained within these Documents 10 2 If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor either may before the Notice of Award is given request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price If the apparent successful Bidder declines to make any substitution OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors Subcontractors suppliers other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions 10 3 CONTRACTOR shall not be required to employ any subcontractor supplier or other persons or organizations against whom he has reasonable objection The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work 11 0 BID FORM 11 1 A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder A separate unbound copy is enclosed for submission with the Bid 11 2 Bid Forms must be complete in ink or typed All lump sum prices on the form must be stated in words and numerals in case of conflict words will take precedence Unit prices shall govern over extensions of sums Rev 10/20/07 Section 00100 Page 4 9 � Yx�dw O uK CE yi a1Vw w nNw A Rak wm w AIM /�^E dt YUTR OV I u x: d z wrMss rw - 7— Arc w s¢ d 64 eV H nSY a n Q 2S diWt WH SYYB M M � R u� wrc saw did � sse vHw`'` 0 a m.ma n wR u: n12 dw.o O n d W W W W H wRU u r swu w+Es +ma M no a uw i dE ad wr o. w _ # w`"uW'� cs a.ua'vwxIXw uHwx.M PIPE SCHEDULE (MP n M m PI R t PI 1 Ppe� P, S M m m f (GPM) SLEEVNG SCHEDLILEd / aFE dmIX MFL / • m a.a a•-. SPRINKLER SCHEDULE SvuBO 0[SC0.P1 MME WZ [ G S PE. e o mE em [s w.Rwn [3 ¢U _ rcrzrodsdw tt ��mare W DRIPLNE NOTES IX% NP: N!R W 4R( M M w sv C aOwR m uwVY. a[ u!W d IW 'S 0.w W wMS !WPfW OM S4 R M [ [ .b: u9W W rwara d o w w u m uH w sun w°"i oEmm� s s ow. re ar dw awursnn E wrcwh m.W m lA on wrn w u an M m stt[ m5 Ywa w n u ah M' µN OP W9V M R M0.¢ 9M B[ w eu G rvw M 4'AR l9[ d � wa ttus mRH 9n'G H pR Wv.'4 �x M uuu PM mM IX LvnK WrvU.LLNR S SYSTEM OPERATION VJN RY3 GENERAL IRRIGATION NOTES SPRNKLER NOTES E 5 W C.W w E IL xt ea b cs Y OK w�K 4 vml N R ( µ FEES �rt 1 [K 0 E COVE eC YS OS W nCJ w � w aF IX .a mn rs .a w *r ow a w VE BEL JM W CqAeN B 4d1 L11O0 11 3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation shall be shown below the corporate name 11 4 Bids by partnerships must be executed in the partnership name and signed by a partner his title must appear under his signature and the official address of the partnership must be shown below the signature 11 5 Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant The full name of each person or company interested in the Bid shall be listed on the Bid Form 11 6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form) 11 7 No alterations in Bids or in the printed forms therefore by erasures interpolations or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder if initialed OWNER may require the Bidder to identify any alteration so initialed 11 8 The address and telephone number for communications regarding the Bid shall be shown 12 0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules 13 0 SUBMISSION OF BIDS 13 1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title Bid No and name and address of the Bidder and accompanied by the Bid Security Bid Form Bid Bond Statement of Bidders Qualifications and Schedule of Subcontractors as required in Section 00430 If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it 13 2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid or any extension thereof made by addendum Bids received after the time and date for receipt of Bids will be returned unopened Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids 13 3 Oral telephonic telegraphic or facsimile Bids are invalid and Rev 10/20/07 Section 00100 Page 5 will not receive consideration 13 4 No Bidder may submit more than one Bid Multiple Bids under different names will not be accepted from one firm or association 14 0 MODIFICATION AND WITHDRAWAL OF BIDS 14 1 Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids 14 2 Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids 14 3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders 15 0 OPENINGS OF BIDS Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids 16 0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for forty-five (45) days after the day of the Bid Opening but OWNER may in his sole discretion release any Bid and return the Bid Security prior to that date 17 0 AWARD OF CONTRACT 17 1 OWNER reserves the right to reject any and all Bids to waive any and all informalities not involving price time or changes in the Work to negotiate contract terms with the Successful Bidder and the right to disregard all nonconforming nonresponsive unbalanced or conditional Bids Also OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum 17 2 In evaluating Bids OWNER will consider the qualifications of the Bidders whether or not the Bids comply with the prescribed requirements and such alternates unit prices and other data as may be requested in the Bid Form or prior to the Notice of Award Rev 10/20/07 Section 00100 Page 6 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 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 Rev 10120/07 Section 00100 Page 7 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 BID FORM SECTION 00300 BID FORM PROJECT 6084 Old Town Square Irrigation Plac 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 10120/07 Section 00300 Page 1 8 BID SCHEDULE (Base Bid) Lump Sum for Two Work Phases Phase I - Dollars ($ ) In words Phase II - Dollars ($ ) In words TOTAL - Dollars ($ ) In words ALTERNATE BIDS Deletion of Phase II Dollars ($ ) In words Two -wire Control System Dollars ($ ) In words Upright Steel Pipe Dollars ($ ) In words 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 BY Signature Date Printed Name Title Email License Number (If Applicable) (Seal- if Bid is by corporation) Attest Address Check One Telephone Individual Doing Business in Company Name Corporation Fax Partnership Rev 10/20107 Section 00300 Page 2 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Band 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 Rev 10/20107 Section 00410 Page 1 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 6084 Old Town Square Irrigation 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 10120107 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) By Title SURETY (SEAL) Rev 10120/07 Section 00410 Page 3 No Text SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive This statement must be notarized If necessary questions may be answered on separate attached sheets The Bidder may submit any additional information he desires 1 Name of Bidder 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? 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 e Have you ever failed to complete any Work awarded to youP If so where and whys 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 10/20107 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 stateP What class license and numbersP 19 Do you anticipate subcontracting Work under this Contract? 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 Name of Bidder By Title State of County this day of 20 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 SECTION 00510 NOTICE OF AWARD Date TO PROJECT 6084 Old Town Square Irrigation OWNER CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated 20 for the above pro3ect has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6084 Old Town Square Irrigation Replacement of irrigation system main line and lateral lines valves sprinkler irrigation components including sprinkler heads drip irrigation controller unit and reinstallation of decorative paver plaza surface 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 By City of Fort Collins OWNER James B O Neill II CPPO FNIGP Director of Purchasing & Risk Management Section 00510 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 6084 Old Town Square Irrigation including replacement of irrigation system main line and lateral lines valves sprinkler irrigation components including sprinkler heads drip irrigation controller unit and reinstallation of decorative paver plaza surface ARTICLE 2 ENGINEER The Project has been designed by EDAW but the Downtown Development Authority 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 on April 25 2008 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 on May 2 2008 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 April 25 2008 the date for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial Completion Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after May 2 2008 the date for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance ARTICLE 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows ($ ) $ 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 50%- completed as determined by ENGINEER when the retainage equals 5% of the Contract Price and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER OWNER on recommendation of ENGINEER may determine that as long as the character and progress of the Work remain satisfactory to them there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed 90%- of materials and equipment not incorporated in the Work (but delivered suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14 2 of the General Conditions) may be included in the application for payment 5 1 2 Upon Substantial Completion payment will be made in an amount Section 00520 Page 2 sufficient to increase total payments to CONTRACTOR to 95%- of the Contract Price less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions or as provided by law 5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in accordance with paragraph 14 13 of the General Conditions OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 13 ARTICLE 6 CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents Work site locality and with all local conditions and Laws and Regulations that in any manner may affect cost progress performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4 2 of the General Conditions 6 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations investigations explorations tests reports and studies (in addition to or to supplement those referred to in paragraph 6 2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost progress performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price within the Contract Times and in accordance with the other terms and conditions of the Contract Documents including specifically the provisions of paragraph 4 2 of the General Conditions and no additional examinations investigations explorations tests reports studies or similar information or data are or will be required by CONTRACTOR for such purposes 6 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities No additional examinations investigations explorations tests reports studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Times and in accordance with the other terms and conditions of the Contract Documents including specifically the provision of paragraph 4 3 of the General Conditions 6 5 CONTRACTOR has correlated the results of all such observations examinations investigations tests reports and data with the terms and Section 00520 Page 3 conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions Supplementary Conditions those items included in the definition of Contract Documents in Article 1 10 of the General Conditions and such other items as are referenced in this Article 7 all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference and include but are not limited to the following 7 2 1Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7 2 4 Consent of Surety 7 2 5 Application for Exemption Certificate 7 2 6 Application for Payment 7 3 Drawings consisting of a cover sheet and sheets numbered as follows COVER EQUIPMENT, SPRINKLER PIPE SLEEVING SCHEDULE L101 IRRIGATION PLAN L102 IRRIGATION PLAN L103 IRRIGATION PLAN L501 IRRIGATION DETAILS 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 Section 00520 Page 4 u 0 r/ r r/ // uu v a Ma.M LD TOWN SQUARE RIGATION zAMUAMv zone YE RAM eew 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 Address for giving notices P O Box 580 Fort Collins CO 80522 Approved as to Form Assistant City Attorney By Title Date (CORPORATE SEAL) Attest Address for giving notices LICENSE NO Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work 6084 Old Town Square Irrigation 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 By Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR By 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 6084 Old Town Square Irrigation 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 10rz0107 Section 00610 Page 1 PROVIDED FURTHER that the said Surety for value received hereby stipulates and agrees that no change extension of time alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change extension of time alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED FURTHER that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied PROVIDED FURTHER that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF this instrument is executed in three (3) counterparts each one of which shall be deemed an original this day of 20 IN PRESENCE OF Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF Other Partners IN PRESENCE OF (Surety Seal) By By Surety By By (Address) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR as Partnership all partners should execute Bond Rev 1020107 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 6084 Old Town Square Irrigation 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 10120107 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 (Corporate Seal) IN PRESENCE OF IN PRESENCE OF (Surety Seal) By (Title) (Address) Other Partners Surety By By (Address) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership all partners should execute Bond Rev 10/20/07 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 6084 Old Town Square Irrigation PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins Colorado INCLUDE OWNER City of Fort Collins CONTRACTOR CONTRACT DATE The Work performed under this contract has been inspected by authorized representatives of the OWNER CONTRACTOR and the ENGINEER and the project (or specified part of the project as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated By CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the substantially complete and will assume full possession of th specified area of the project at 12 01 a m on responsibility for heat utilities security and insurance under Documents shall be as set forth under "Remarks" below CITY OF FORT COLLINS COLORADO By OWNER REMARKS project as project or The the Contract AUTHORIZED REPRESENTATIVE Rev 10/20ro7 Section 00635 Page 1 DATE I o e s sre vu. OLD TOWN SQUARE IRRIGATION q JMN�HV RppB alp 01� E�wl wcm � � Ewe m aa�. crbw vw afo m Cat�a ClA W 1 %O I4 [OM ^ pw ea E R 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 6084 Old Town Square Irrigation 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 PROJECT 6084 Old Town Square Irrigation (CONTRACTOR) 1 The CONTRACTOR acknowledges having received payment except retainage from the OWNER for all work labor skill and material furnished delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction design improvement alteration addition or repair of the above described project 2 In consideration of such payment and other good and valuable consideration the receipt and adequacy of which are hereby acknowledged the CONTRACTOR voluntarily waives all rights claims and liens including but not limited to mechanic's liens Miller Act claims (40 U S C A 270 a and b) stop notices equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have claim or assert for all and any work labor skill or materials furnished delivered or performed for the construction design improvement alteration addition or repair of the above described project against the OWNER or its officers agents employees or assigns against any fund of or in the possession or control of the OWNER against the project or against all land and the buildings on and appurtenances to the land improved by the project 3 The CONTRACTOR affirms that all work labor and materials furnished delivered or performed to or for the construction design improvement alteration addition or repair of the project were furnished delivered or performed by the CONTRACTOR or its agents employees and servants or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers agents employees or assigns arising out of the project 4 The CONTRACTOR agrees to defend and hold harmless the OWNER the lender i.f 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 fees incurred as a result of such claims Rev 10/20/07 Section 00650 Page 1 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 ATTEST Secretary day of CONTRACTOR By Title STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this 20_ by Witness my hand and official seal My Commission Expires Notary Public day of 20 Rev 10120107 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins Colorado (hereinafter referred to as the "OWNER ) CONTRACTOR PROJECT 6084 Old Town Square Irrigation 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 DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232 2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26114(1)(a)(XIX) E DO NOT WRITE IN THIS SPA E C The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below This exemption does not Include or apply to the purchase or rental of equipment supplies and materials which are purchased rented or consumed by the contractor and which do not become part of the structure highway road street or other public works owned and used by the exempt organization Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law A separate certificate is required for each contract Subcontractors will not be Issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime contractor to Issue certificates to each of the subcontractors (See reverse side) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED RegistraboNAcocunt No (to be assigned by DOR) Period � f ggT__ttM 1 �1t b� �i-Fr•`t''^�TA'>�C i kI #) '�'Y4��o- i Trade name/DBA Owner partner or corporate name Mailing address (City State Zip) Contact Person E Mail address Federal Employer's Identification Number Bid amount for your contract Fax Number ( ) Business telephone number Colorado withholding tax account number r r 'RR Y Name of exempt organization (as shown on contract) Exempt organization s number 98 - Address of exempt organization (City State Zip) Principal contact at exempt organization Principal contact s telephone number Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date completion date it 'uYry i �r ,{�`yyi.��}�g"p,�{ws,.; 5N 'fl �Z>lj}^3Y-h % '>N1 i 0. f✓N„Y'b`YP tu�r R b ( N 1 declare under penalty of perjury in the second degree that the statements made In this apphcatjon are true and complete to the best of my knowledge Signature of owner partner or corporate officer Title of corporate officer Dale DO NOT 1 WRITE BELOW ttnS LINE 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 Contractor's Exemption Certificate on exempt protects 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 subcontractor's name and address and signing it The original Certificate should always be retained by the prime contractor Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit Once an 89# has been assigned to you please use the next five numbers following it for any applications submitted for future 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 CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contras Documents Committee EJCDC No 19104 (1990 Edition) as a base Changes to that document are shown by underlining text that has been added and strilung through text that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) !gmm PREmo m A99BMLY� gm vxw ASABMLY 0 0 1 +wrv.rue mynm. ,— — � va mn v \\ a GABi NaRlx e® Rrx H .d �• ma I a...,• .•.• LOx xAx ERP YN.YE A8AB6Y 0L10Y RON GF VALVE ASABBY J 1 va a<Y ` oiw �L x AAIA®xx rtrn a M � ^^. !v, Ol1Llt CpRA1G VALVE AABEYIY d L- M van A9S6RLY �OpWR1pWX_ 1N v.e �Lvarty My axaxux �Y REV cwe„ _ oAre aw Jnw m RP axsm\rs I /�/eaG� r s PI MII501 L 01 OLD TOWN SQUARE ® IRRIGATION rot V JA ARY R008 c Ms�v APB iu1 CaiM ErYM .� W iL aAx TABLE OF CONTENTS OF GENFRAI CONDITIONS Article or Paragraph Number & file a M71Ue 9 I I Addenda 12 Agreement 1 3 Application for Payment 14 Asbestos 15 Bid 16 Bidding Documents 1 7 Bidding Requirements 18 Bonds 19 Change Order 110 Contact Documents I 1 I Contract Price 1 12 Comma Times 113 CONTRACTOR 1 14 defective 115 Drawings 1 16 Effective Date of the Agreement 117 ENGINEER 1 18 ENGINEERS Consultant 1 19 Field Order 1, General Requirements 1 21 Hazardous Waste 122 a I am and Regulations Laws or Regulations 1 22 b Legal Holidays 123 Liens 124 Milestone 1 25 Notice of Award 1 26 Notice to Proceed 127 OWNER 118 Partial Utilization 129 PCBs 130 Petroleum 131 Project 1 32 a Radioactive Material 1 32 b Regular Working Hours 1 33 Resident Project Representative 134 Samples 135 Shop Drawings 136 Specificauens 137 Subcontractor 1 38 Substantial Completion 139 Supplementary Conditions 140 Supplier 1 41 Underground Facilities 142 Unit Price Work 143 Work 144 Work Change Directive 145 Written Amendment Page Article or Paragraph Number Number &Title Page Number 1 2 PREMIWARY MATTERS 3 1 21 Delivery of Bonds 3 1 22 Copies of Documents 3 1 21 Commencement of Contract 1 Times Notice to Proceed 3 1 24 Slartmg the Work 3 1 25 27 Before Staining Construction 1 CONTRACTOR s Responsibility 1 to Report Preliminary Schedues I Delivery of Certificates of 1 Insurance 34 1 28 Preconstruction Confacncq 4 1 29 Initially Acceptable Schedules 4 1 1 3 CONTRACT DOCUMENTS INTENT 1 AMENDING REUSE 4 1 31 32 Intent 4 1 33 Reference to Standards and Spoor I ficalions of Technical Societies 1 Reporting and Resolving Dis- t crepancies 4 5 2 34 Intent of Certain Terms or Adjectives 5 2 35 Amending Contract Docunents 5 2 36 Supplementing Contract 2 Documents 5 2 37 Reuse of Documents $ 2 2 4 AVAILABILITY OF LANDS 2 SUBSURFACE AND PHYSICAL CONDITIONS 2 REFERENCE POINTS 5 2 41 Availability of Lands 56 2 42 Subsurface and Physical 2 Conditions 6 2 42 1 Reports and Drawings 6 2 4 2 2 Lim tied Reliance by CONTRAC I TOR Authorized Technical 2 Data 6 2 423 Notice of Differing Subsurface 2 or Physical Conditions 6 2 424 ENGINEER s Review 6 425 Possible Contract Documents Change 6 2 426 Possible Price and Times 2 3 Adjustments 6 7 3 43 Physical Conditions Underground 3 Facilities 7 3 43 1 Shown or Indicated 7 3 4 3 2 Not Shown or Indicated 7 44 Reference Points 7 EICDC GENERAL CDMITIOM 1910 a (199a minors) w/ aTv OF FORT COLUM MODIFICATIONS MEV 9/99) Article or Paragraph page Article or Paragraph Page Number 9c Title Number Number & Title Number 45 Asbestos, PCBs Petroleum 625 Submittal Proceedures CON Hazardous Waste or TRACTOR s Review Prior Radioactive Material 78 to Shop Drawing or Sample Submittal 16 5 BONDS AND INSURANCE 8 626 Shop Drawing & Sample Submit 51 52 Performance, Payment and Other Isla Review by ENGINEER 16-17 Bends 8 627 Responsibnhty for Variations 53 Licensed Sureties and Insurers From Contract Documents 17 Certificates of Insurance 8 628 Related Wok Performed Prior S 4 CONTRACTORS Liability to FNGINEER a Review and Insurance 9 Approval of Required 5 5 OWNERS Liability Insurance 9 Submittals 17 56 Property Insurance 9-10 629 Continuing the Work 17 57 Boiler and Machinery or Addi 630 CONTRACTORs General tional Property Insurance In Warranty and Guarantee 17 58 Notice of Cancellation Prmston 10 631633 Indemnification 17 is 59 CONTRACTOR s Responsibility 634 Survival of Obligations 18 for Deductible Amounts 10 510 Other Special Insurance 10 7 OTHER WORK 18 S 11 Waiver of lights 11 71 73 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 Insu 8 OWNER S RESPONSIBILITIES J8 ance Option to Replace I 8 1 Communications to CON 5 15 Partial Utilization Property TRACTOR 18 Insurance 11 82 Replacement of ENGINEER 18 83 Furnish Data andPay, Promptly 6 CONTRACTORS RESPONSIBILITIES 11 When Due 18 6 1 6 2 Supervision and Supenntend=4 11 84 Lands and Easements Reports 6 3.6 5 Labor Materials and Fgwpment 11 12 and Tests 18 19 66 Progress Schedule 12 85 Insurance 19 67 Substitutes, and Or Equal Items 86 Change Orders 19 CONTRACTORS Expense 87 Inspections Tests and Substitute Construction Approvals IQ M,thods or Procedures 88 Stop or Suspend Work FNGINEERs Evaluation 12 13 Terminate CONTRACTORS 6 M 11 Concerning Subcontractors Services 19 Suppliers and Others 89 Limitations on OWNERS Waiver of Rights 13 14 Responsibilities 19 612 Patent Fees and Royalties 14 810 Asbestos, PCBs Petroleum 613 Permits 14 Hazardous Waste a 614 I a" and Regulations 14 Radioactive Material 19 6 I S Taxes 14 15 8 11 Evidence of Faianeal 616 Use of Premises Is Arrangements 19 617 Site Cleanliness 15 618 Safe Structural Loading 15 9 ENGINEERS STATUS DURING 619 Record Documents 15 CONSTRUCTION 19 620 Safety and Protection 1516 91 OWNERS Representative 19 621 Safety Representative 16 92 Visits to Site 19 622 Hazard Communication Programs 16 93 Project Representative 1921 623 Emergencies 16 94 Clarifications and lnterpre- 6 24 Shop Drawings and Samples 16 tations 21 95 Authorized Variations in V&k 21 rJCOC OEN[RAL CONDITIONS 1910 8 OM EDITION) w/ CITY OF FORT COLLINS MODIRCATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number &Title Number Number &Title Number 96 Rejecting Defective Work 21 138 139 Uncovering Work at ENGI 9799 Shop Drawings Change Orders NEERs Request 1729 and Payments 21 1310 OWNER May Stop the Work 28 910 Determinations for Unit Prices 21 22 1311 Correction or Removal of 911 912 Decisions on Disputes ENGI Defective Work 28 NEER as Initial Interpreter 22 1312 Correction Period 28 913 Limitations on ENGINEERS 1313 Acceptance ofDefectve Work 28 Authority and Responsibiliticg 22 23 1314 OWNER May Correct Defechte Work 28 29 CHANGES 1N THE WORK 23 101 OWNER a Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND 102 Claim fa Adjustment 23 COMPLETION 29 103 Work Not Required by Contract 141 Schedule of Values 29 Documents 23 142 Applicatmn fa Progress 104 Change Orders 23 Payment 29 105 Notification of Surety 23 143 CONTRACTORs Warranty of Title 29 CHANGE OF CONTRACT PRICE 23 144 147 Review of Applications for 11 1 113 Contract Price Claim for Progress Payments 2930 Adjustment Value of 148 149 Substantial Conpleuon 30 the Work 23 24 1410 Partial Utilization 30.31 114 Cat of the Work 24-25 1411 Final Inspection 31 Hi Fxclusions to Cost of the Work $5 14 12 Final Application for Payment 31 11 6 CONTRACTORS Fee 25 1413 1414 Final Payment and Acceptance 31 117 Cost Records 2526 14 15 Waiver of Clams 31 32 118 Cash Allowances 26 119 Unit Price Work 26 IS SUSPENSION OF WORK AND TERMINATION 32 CHANGE OF CONTRACT TIMES 26 15 1 OWNER May Suspend Work 32 121 Claim for Adjustment 26 152154 OWNER May Terminate 32 122 Time of the Essencq 26 15 S CONTRACTOR May Stop 123 Delays Beyond CONTRACTORS Work or Tcrm hate 3233 Control 2627 124 Delays Beyond OWNERS and 16 DISPUTF RESOLUTION 33 CONTRACTORs Control 27 17 MISCELLANEOUS 33 TESTS AND INSPECTIONS CORRECTION 171 Giving Name 33 REMOVAL OR ACCEPTANCE OF 172 Computation of Times 33 DEFEC77VE WORT. 27 173 Notice of Claim 33 131 Notice of Defects 27 174 Cumulative Remedies 33 132 Access to the Work 27 175 Professional Fees and Court 1,3 Tests and Inspections Costs Included 33 CONTRACTORS Cooperation 27 176 Applicable State Laws 33-34 134 OWNERS Responsibilities Intentionally left blank 35 Independent Testing Laboratory 27 135 CONTRACTORS EXHIBIT GC A (Optional) Responsibilities 27 Dispute Resolution Agreement GC Al 13 6-13 7 Covering Work Prior to Inspec 161 166 Arbitration CC At tion Testing or Approval 27 167 Mediation GC Al E1COCGENERALC MvrjON5i9io 9(199a®ITION) w/ CITY OF FORT COLUNS MODMCATIONS (REV 9199) 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 1041 135 1313 final payment 9 I Z 14 15 insurance 5 14 other Work by CONTRACTOR 73 Substitutes and Or Equal Items ¢ 7 1 Work by OWNER 25 630 634 Access to the Lands OWNER and CONTRACTOR responsibilities 41 site related Work 72 Work 132 1314 149 A,ts or Omissions Acts and Omissions CONTRACTOR 69 1 9 13 3 ENGINEER 620 9 133 OWNER 620 89 Addenda defnitionof(alsosee definition of Specifications) (1 6 1 10 6 19) 1 1 Additional Property insurances 57 Adjustments - Contract Price or Contract Timm 15354143 Z 452 453 94 95 102104 11 12 148 15 1 progress schedule 66 Agreement definition of 12 All Risk Insurance policy form 562 Allowances Cash 118 Amending Contract Documents 3 i Unendment Written in general 1 10 145 3 5 5 10 � 12 6 6 2 6811619 101 104 112 121 13122 1472 Appeal, OWNER a CONTRACTOR intent to 9 l0 9 11 10 4 16 2 16 5 Application for Payment definition of 13 FNGNEER s Responsibility 99 final payment 9 13 4 913 5 14 12 14 15 in general 2 8 2 9 5 6 4 9 10 15 5 progress payment 141 147 review of 14 4-14 7 Arbitration 161 166 Asbestos - claims pursuant thereto 4 5 2 453 CONTRACTOR authorized to stop Work 4 5 2 definition of 14 Article or Paragraph Number OWNER responsibility for 451 810 pmsible price and times change 452 Authorized Variations in Work 36 625 627 95 Availability of Lands 41 84 Award, Notice of -defined 1 25 Before Starting Consti tction 2 y 2 8 Bid definition of 1 5 (1 1 110 2, 33 4264 613 1143 1191) Bidding Documents -definition Of 16(682) Bidding Requirements- definition Of 17(11 426-) Bonds acceptance of 5 14 additional bonds 105 11419 Cost of the Work 11 54 definition of 8 delivery of z ] 5 I final Application for Payment 1412 1414 general 110 5 1 5 3 5 13 913 105 1476 Performance Payment and Other 5 1 52 Bonds and Insurance in general 5 Builder's risk all risk policy form 562 ( aneellation Provisions Insurance 14 11 58 3 15 Cash Allowances Us 8 Certificate of Substantial Completion 138 63023 148 1410 Certificates of Inspection 9 13 4 13 5 14 12 Certificates of Insurance 27 53 5411 54 13 565 58 514 9 13 4 1412 Change in Contract Price Cash Allowances 118 claim for price adjustment 41 426 45 515 682 94 95 911 102 105 112 139 1313 1314 147 151 155 CONTRACTORs fee 116 Cost of the Work general 114 117 Exclusions to 11 5 Cost Records 117 in general 119 144 911 1042 1043 11 Lump Sum Pricing 1132 Notification of Surety 105 Scope of 103 104 Testing and Inspection Uncovering the Work 139 EJ OENMM CONDITIONS 1910 E(199n EDITIOM w/ CITY OF FORT COLLM MODIFICATIONS (REV 91" Unit Prim Work 119 CONTRACTORS Fee 116 Article or Paragraph Article or Paragraph Number Number Value of Work Change in Contract Times Claim for times adjustment 41 426 682 94 95 911 102 139 1313 1314 147 Contractual time Limits Delays beyond CONTRACTORs control Delays beyond OWNERS and CONTRACTORS control Notification of surety Scope of change Change Orders Acceptance ofDefective Work Amending Contract Document* Cash Allowances Change of Contract Prone Change of Contract Times Changes in the Work CONTRACTORsfee Cost of the Work Cost Records definition of emergencies ENGINEERS responsibility 98 104 execution of Indemni6ctmorl 612 616 Insurance, Bands and 5 10 OWNERmay termmate OWNERS Responsibility Physical Conditions Subsurface and Underground Facilities Record Documents Scope of Change Subshtutcs Unit Price Work value of Work, covered b5 Changes can the Work Notification of suretv OWNER s and CONTRACTORs responsibilities Right to an adjustment Scope of change 113 45 515 105 121 151 155 122 123 124 105 103 104 13 13 35 118 11 12 10 116 114 11 7 117 19 023 112 121 j04 631 633 513 105 152154 $0 104 42 432 619 103104 673 682 119 113 JO 105 104 102 103104 Chums — against CONTRACTOR 616 against ENGINEER 632 against OWNER 632 Change of Contract Price 94 112 Change of Coact Tunes 94 121 CONTRACTORs 4 71 94 95 911 102 112, 119 121 139 148 151 155 173 CONTRACTORS Imbiliry Cost of the Work Decisions on Disputes Dispute Resolution Dispute Resolution Agreement ENGINEER as moral mterpretor Lump Sum Pricing Nonce of 54 612 61 11 911 16 OWNERs 94 95 911 102 11 121 139 1313 1314 OWNERS liability OWNER may refuse to make payment Professional Fees and Court Costs Included request for formal decision o0 Substitute Items Time Extension Time requirements Unit Price Work Value of Waiver of onFinal Paymcnl Work Change Direcuve written notice required Clarifications and Interpretations Clean Site Codes of Technical Society Organization or Association Canmmeem ent of Contract Times Communications general Hazard Communication Programs Completion — Final Application for Payment Final Inspection Final Payment and Acceptance Partial Utilization, Substantial Completion Waiver of Claims Computation of Times Concerning Subcontractors Suppliers and Others Conferences initially acceptable schedules precor struchorl Conflict, Error Ambiguity Discrepancy CONTRACTOR to Report Construction before starting by CONTRACTOR Construction Machinery Equipment etc Continuing the Work Contract Documents — Amending Bonds 6 631 4 115 912 J6 1 1 166 911 1132 173 2 119 173 55 147 175 911 6712 121 911 121 1193 )13 1414 14 b 102 911 II 2, 121 363 94 911 617 333 23 62 692 8 1 022 14 12 1411 14 13 14 14 1410 138 148 149 14 15 17211722 68611 29 28 25 332 2527 64 629 104 35 51 E1CDC OENLRAL CONDFJ10M i910 a (199n E01nOM w/ Cf1Y OF FORT COLUM MODIFICATIOM (REV w99) ( ash Allowances 118 Stop Work regmrements 4 5 2 CONTRACTORS — Article or Paragraph Number Change of Contract Prio4 11 Change of Contract Times 12 Changes in the Work 10 4-10 5 check and verify 25 Clarifications and Interpretations 32 36 94 911 definition of 1 10 ENGINEER as initial interpreter of 911 ENGINEER as OWNPR s representative 91 generat3 Insurance 53 Intent j 1 34 minor variations in the Work 36 OWNERS responsibility to furnish data 8 3 OWNER s responsibility to make promptpayment 83 144 1413 precedence 3 1 3 3 3 Record Documents 619 Reference to Standards and Specifications of Technical Societies 33 Related Work 72 Reporting and Resolving Discrepancies 25 33 Reuse of 37 Supplementing 36 Tarnmation ofENGINEERs Employment 82 Unit Price Work J 1 9 varmtons 36 623 627 b isits in Site ENGINEER s 92 Contract Price - adjustment of 35 4 1 94 103 112 113 Change of 1 I Decision on Disputes 911 definition of 1 I1 Contract Timm adlusinent of 35 41 94 103 12 Change of 121 124 Commencement of 23 definition of 1 12 CONTRACTOR - Acceptance of Insurance 5 14 Communications 62 692 Continue Work 629 104 coordination and scheduling 092 definition of 113 Limited Reliance on Technical Data Authonzed 4 2 2 May Stop Work or Terminate 155 provide site access to others 72 132 Safely and Protection 4 3 1 2 616 618 621623 72 132 Shop Drawing and Sample Review Prior to Submittal 625 NI Article or Paragraph Number Compensation 11 1 112 Continuing Obligation 14 15 Defective Work 96 13 10-1314 Duty to correct defective Weak 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 25 332 6 14 2 Underground Facilities not indicated 432 Emergencies 623 Equipment and Machinery Rental Cost of the Work 11453 Fee Cost Plus 114 5 6 11 5 1 11 6 General Warranty and(ruarantee 630 Hazard Communication Programs 022 Indemnification 15IZ 616 631633 Inspection of the Work 73 134 Labor Materials and Equipment 0365 Laws and Regulations, Compliance by 6141 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 612 Pertormance and Other Bonds 5 1 Permits obtained and paid for by 613 Progress Schedule � 6 28 29 66 629 104 1521 Request for formal decruonon disputes 911 Responsibilities Changes; in the Weak 101 Concerning Subcontractors, Suppliers and Others 6 8-611 Continuing the Work 629 104 CONTRACTORs expense 6 7 1 CONTRACTOR s General Warranty and Guarantee 630 CONTRACTOR a review prior to Shop Drawing or Sample submittal 625 Coordination of Work 692 Emergencies 623 ENGINEERS evaluation, Substitutes or Or Equal Items 6 7 3 For Acts and Omissions of Others 691 692 913 for deductible amounts insurance 59 general o 72,73 89 Hazardous Communication Programs 6 22 Indemnification 631633 EWOC GENERAL CONERTIONS 1910 a uM EDITION) -1 CITY OF FORT COLLINS MODIFICATIONS (MV 91W) Labor Materials and Equipment 6 3-6 5 CONTRACTORS --other 7 Laws and Regulations 614 Contractual Liability Insurance 5410 Liability Insurance 5 4 Contractual Tune Limits 122 Article or Paragraph Number Notice of variation from Contract Documents 627 Patent Fees and Royalties 612 Perm its 613 Progress Schedule 66 Record Documents 619 related Work performed prior to ENGINEER s approval of requued submittals 628 safe structural loading 6118 Safety and Protection 620 72 132 Safety Representative 621 Scheduling the Work 692 Shop Drawings and Samples 624 Shop Drawings and Samples Review by ENGINEER 626 Site Cleanliness 617 Submittal Procedures 625 Substitute Construction Methods and Procedures 672 Substitutes and Or Equal Items 6 7 1 Superintendence 62 Supervision 61 Survival of Obligations 634 Taxes 6 1 � Tests and Inspections 13 5 To Report 5 Use of Premises 6 16-6 18 6 30 2 4 Review Prior to Shop Drawing or Sample Submittal 625 Right to adjustment for changes in the Work 102 right to claim 4 7 1 9 4 9 5 9 11 10 211 2 119 121 139 148 151 155 173 Safety and Protection 6 20 6 22 7 2 13 2 Safety Representative 621 Shop Drawings and Samples Submmals 6 24-6 28 Special Consultants 1144 Substitute Construction Methods and Procedures 6 7 Substitutes and Or Equal Items Expense 6 7 1 672 Subcontractors, Suppliers and Others 68 6 11 Supervision and Superintendence 61 62 621 Taxes, Payment by 615 Use of Premises 6 1" 18 Warranties and guarantees 65 630 Warranty of Title 143 Written Notice Required CONTRACTOR stop Work or witurate 15 5 Reports of Differing Subsurface and Physical Conditions 423 Substantial Completion 148 vlu Article or Paragraph Number Coordination CONTRACTORS responsibility 692 Copies of Documents 22 Correction Period 13 12 Correction Removal or Acceptance of Defective Work in general 10 41 13 10 13 14 Acceptance of Defechve Work 13 13 Correction ar Removal of Defechve Wort. 630 13 It Correction Period 13 12 OWNhR May Correct Defechve Work 1314 OWNER May Stop Work 1310 Cost of Tests and Inspections 134 Records 11 7 Cost of the Work Bonds and insurance additional 11459 Cash Discounts 3142 CONTRACTOR s Fee 116 Employee Expenses 11 4 5 1 Exclusions to 115 General 4-11 5 Horn a office and overhead expenses 115 Losses and damages 11456 Materials and equipment 1142 Minor expenses 11458 Payroll costs on changes 11 4 1 performed by Subcontractors 1143 Recordst 1 7 Rentals of construction equipment andmachmery 11453 Royalty payments, permits and license fees 114 55 Site office and temporary facilities 11452 Special Consultants, CONTRACTOR s 1144 Supplemental 1145 Taxes related to the Work 11454 Tests and Inspection 134 Trade Discounts 1142 Utilities fuel and sanitaryf2mlitin 11 4 5 7 Work after regular hours 11 4 1 Covering Work 13 6-13 7 Cumulative Remedies 174175 Cutting fitting and patching, 72 Data, to be furnished by OWNER, 83 Day—definWon of 1722 Decisions on Disputes 911 912 defective definition of 1 14 defecuve Work Acceptance of 1041 13 13 E C GENERAL CONDITION51910 a(IM EDITION) w/ CITY OF FORTCOLUNS MODIFICATIONS (REV 91") Correction or Removal of Correction Period in general 1041 1311 OWNERs Representative 1312 Payments to the CONTRACTOR, 13 147 1411 Responsibility for Recommendation of Payment Article or Paragraph Number Observation by ENGINEER 92 OWNER May Stop Work 1310 Prompt Notice of Defects 131 Rejecting 96 Uncovering the Work 138 Definiums 1 Delays 41 629 123 124 Delivery of Bonds 2 I Delivery of certificates of insurance 2 7 Determinations for Unit Prices 910 Differing Subsurface or Physical Conditions Notice of 423 ENGINEERS Review 4 2 4 Possible Contract Documents Change 4 2 5 Possible Price end Times Adjustments 426 Dtscrepanetes-Reporting and Resolving 25 e 3 2 6 142 Dispute Resolution — Agreement 161 166 Arbitration 161 165 generall6 Mediation 166 Dispute Resolution Agreement 161 1(56 Disputes Decisions by ENGINEER 911 912 Documents Copies of 22 Record 619 Reuse of 37 Drawings definition of 1 15 Easements 41 Effective date of Agreement definition of 1 16 Emergencies 623 ENGINEER as final interpreter on disputes 911912 definition of 1 17 Limitations m authority and responsibilities 913 Replacement of 8 2 Resident Project Representative 93 ENGINEER s Consultant defmmonof 1 18 ENGINEERS authority and responsibility limitations on 913 Authorized Variations in the Work 95 Change Orders, responsibility for 97 10 11 12 Clarifications and Interpretations 163 94 Decisions on Disputes 9 11 912 defective Work notice of 131 Evaluation of Substitute Items k 7 3 Liability 032 912 Notice Work is Acceptable 14 13 Observations 6302,92 91 99 14 144 1413 Article or Paragraph Number Responsibilities Limitations on 911 913 Review of Reports an Differing Subsurface and Physical Conditions 4 2 4 Shop Drawings and Samples, review responsibility 626 Status During Construction authorized variations in the Work 9 5 Clarifications and Interpretations 94 Decisions on Dispute; 9 It 912 Determinations on Unit Price 9 IO ENGINEER as Initial Interpreter 911 912 ENGTNEERs Responsibilities 91912 Limitations on ENGINEFR s 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 910 Visits to Site 92 Written consent required 7 Z 9 1 Equipment Labor Materials and 6 3-6 1 Pgmpment rental Cot of the Work 11 4 5 3 Equivalent Matertals and Equipment 07 error or omissions 633 Evidence of Financial Arrangements $ 11 Fxplorations of physical conditions 4 2 1 Fee, CONTRACTOR s Costs Plus 116 Field Order definition of 1 19 issued by ENGINEER 3 6 1 95 Final Application for Payment 1412 Final Inspection 1411 Final Payment and Acceptance 1413 1414 Prior to for cash alloviinces 118 General Provisions 173 174 General Requirements — definition of 120 principal references to 26 64 6 &6 7 624 Giving Notice 171 Guarantee of Work —by CONTRACTOR 6 3u 14 12 Hazard Communication Programs 622 Hazardous Waste - definition of 121 general 45 OWNERs responsibility for 8 10 E)CM GENERAL CONDITIONS I910 a (IW EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification 6 12, 6 16 6 31 6 33 Insurance 53 Initially Acceptable Schedules 29 Precedence 11 3 3 3 Inspection Reference to 3 3 1 Certificates of 9 13 4 13 5 14 12 Safety and Protection 620 132 I'mal 1411 Subcontractors Suppliers and Others 6 8-6 11 Article or Paragraph Article or Paragraph Number Number Special required byENGMER 96 Tests and Inspections 135 Tests and Approval 87 133 134 Use of Premises 616 Insurance— V9slts to Site 92 Acceptance of by OWNER 514 Liability Insurance Additional regwred by changes CONTRACTORs 54 in the Work 11459 OWNERS 55 Before starting the Work 27 Licensed Sureties and Insurers 53 Bonds and in general 5 Liens - Cancellation Provisions 58 Application for Progress Payment 142 Certificates of 2 7 5 5 3 5 4 11 5 4 13 CONTRACTORs Warranty of Title 143 5 6 5 5 8 5 14 9 13 4 14 12 Final Application for Payment 1412 completed operations 5413 definition of 1 23 CONTRACTORs Liability S4 Waiver of Clams 1415 CONTRACTORs objection to coverage 5 14 Limitations m ENGINEER s authority and Contractual Liability 5410 responsibilities 913 deductible mounts CONTRACTORs Limited Reliance by CONTRACTOR responsibility 9 Authorized 422 Final Applicalon for Payment 1412 Maintenance and Operating Manuals Licensed Insurers S 3 Final Application for Payment 1412 Notice requirements material changes 58 105 Manuals (of others) Option to Replace 514 Precedence 3 3 3 1 other special insurance; 510 Reference to in Contract Documents 3 3 1 OWNER as fiduciary for msuredl 5 125 13 Materials and equipment— OWNERs Liability 55 furnished by CONTRACT OR 63 OWNERS Responsibility 85 not incorporated in Work 142 Partial Utilization Property Insurance 5 15 Materials or equipment egwvalent 07 Property 56 5 10 Mediation (Optional) 167 Receipt and Application of Insurance Milestones- definition of 124 Proceeds 512 5 13 bhscellaneous- Special Insurance 510 Computation of Times 172 Waiver of Rights 511 Cumulative Remedies 174 Intent of Contract Documents 3 1 3 4 (rrvmg Notice 171 Interpretations and Clarifications 363 94 Notice of Claim 173 Investigations of physical condition; 42 Professional Fees and Court Costs Included 175 Labor Materials and Equipment 065 Multi prime contracts 7 1 ands Not Shown or Indicated 4 3 2 and Easements 84 Notice of Availability of 41 84 Acceptability of Project 1413 Reports and Tests 8 4 Award. defimtuon of 125 Laws and Regulations• Laws or Regulations Clam 373 Bonds 5 1 5 2 Defects 13 1 Changes in the Work 104 Differing Subsurface or Physical Conditions 423 Contract Documents 3 1 Giving 171 CONTRACTORS Responsibilities 614 Correclton Period, defective Work 13 12 Tests and Inspections 133 Cost of the Work taxes 1145 4 Varmhoq Shop Drawuig and Sample 027 definition of 122 Notice to Proceed— genera1614 definition of 126 Indemnification 631633 giving of 23 x EICOC OENERA COMIT1074S 1910 a (19911 EDiriOM w/ CITY OF FORT COWNS MODMCA710NS (REV 9199) Nonftcation to Surety 10 5 Observations, by ENGINEER 630 92 Occupancy of the Work 5 15 6 30 2 4 14 10 Omissions a acts by CONTRACTOR 69 913 Open Pml policy fain 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 ofdefecnte Work 1313 appoml an ENGINEER 82 as fiduciary 5 125 13 Availability of Lands responsibility 41 definition of 127 data furnish 83 May CorrecLDefecnve Work 1314 May refuse to make payment 147 May Stop the Work 1310 May Suspend Work Terminate $ 8 13 10 15 1 154 Payment make prompt 83 144 1413 performance of other work 71 permits and licenses requirements 613 purchased msaance requirements 5 6-5 10 OWNERs- Acceptance of the Work Change Orders obligation to execme 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 responsibmlitics evidence of financial arrangements inspections tests and approval* insurance lands and easements prompt payment by replacement of ENGINEER reports and tests stop or suspend Work 8 8 terminate CONTRACTOR 63025 86 104 81 74 911 87 134 SS 131 13 10 91 910 86 101 81 89 811 87 85 84 83 82 84 151 services 8 8 15 2 separate representative at site 93 testing independent use a occupancy of the Work written consent or approval required 134 515 63024 141U 91 63 114 FJc.'OC OENFv Ai CONDITIONS 1910 S (1990 EDUMON) w( CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 11 TRENCHING SCALL NTS CONCRETE EDGE UNIT PAVERS W/ SAND SWEPT JOINTS AGGREGATE BASE SUBBASE SAND SETTING BED SCHED 40 MAINLINE IN SCHED 40 SLEEVE IN HEAVY TRAFFIC AREA GEOTEXTILE FABRIC UNDER SAND SETTING BED SAND LAYER 2 MINIMUM AROUND PIPE SCHED 40 MAIN LINE IN SAND BED CONTROL WIRE IN SCHED 40 CONDUIT OT-OTS-Trenching dwg Article or Paragraph Number written nonce required 71 94 911 112 119 147 154 PCBs definition of 129 general 45 OWNERS responsibility for $ 10 Partial Utihzation— deEnition of J 28 general 30 2 4 14 10 Property Insurance 5 15 Patent Fees and Royalties 612 Payment Bonds 5 1 5 2 Payments Reconimendationof 144147 1413 Payments to CONTRACTOR and Completim— Application for ProgressPayments 142 CONTRACTOR s Warranty of Title 143 Final Application for Payment 1412 Final Inspection 14 I I Final Payment and Acceptance 14 13 1414 general $ 3 14 Partial Utilizatton 1410 Retamage 142 Review of Applications for Progresspayments 144-147 prompt payment $ 3 Schedule of Values 141 Substantial Completion 14 8 149 Waiver of Claims 1413 when payments due 144 14 13 withholding payment 147 Performance Bonds S 15 2 Permits 613 Petroleum definition of J 30 general 4 5 OWNER s responsibility for 810 Physical Conditions Drawings of in a relating to 4 1 1 2 ENGINEER renew 424 existing structures 4 2 2 general 4 2 1 2 Notice of fallermg Subsurface or 423 Possible Contract Documents Change 425 Possible Price and Times Adjustments 426 Reports and Drawings 4 2 1 Subsurface and 42 Subsurface Conditions 4 2 1 1 Technical Data Limited Reliance by CONTRACTOR Authorized 4 2 2 Underground Facilities — general 43 Not Shown or Indicted 4 3 2 Protection of 43 620 Article or Paragraph Number Shown or Indicated 43 1 Technical Data 422 Preconstruction Conferenog 28 Preliminary Matters ^ Preliminary Schedule* 26 Premises, Use of 6 1" 18 Price Change of Contract 1 I Price Contract. definition of 1 11 Progress Payment Applications for 14 2 Progress Payment retainage 142 Progress schedule, CONTRACTORS 26 28 29 66 629 104 1521 Project —definition of 131 Project Representative ENGINEER s Status During Construction 93 Project Representative Resident -definition of 133 prompt payment by OWNER 83 Property Insurance Additional 57 generals 6-5 10 Partial Utilization 515 14102 receipt and application of proceeds 5 125 13 Protection Safety and 0 20-6 21 1322 Punch Iist 1411 Radioactive Material defintion of 132 generaM 5 OWNERS responsibility for $ 10 R�commendanon of Payment 144 145 1413 Record Documents 619 14 12 Records procedures for maintaining 28 Reference Points 44 Reference to Standards and Specifications of Technical Societies 33 Regulations Laws and (or) 614 Rejecting Defective Work 96 Related Work at Site 71 73 Performed prior to Shop Drawings and Samples submittals review 628 Remedies cumulative 174 175 Removal or Correction ofDefectiva Work 1311 rental agreements OWNER approral required 11453 replacement of ENGINEER, by OWNER 8 2 Reporting and Resolving Discrepancies 25 3 3 2 6 142 Reports and Drawings 42 1 and Tests, OWNER s responsibility 84 Resident and Project Representative definition of 133 provision for 93 xu EICDC GENERAL CONDITIONS 1910 a (IM MiriON) W CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTORS 62 Responstbihties- CONTRACTOR sic general 6 ENGINEER s in gencial 9 Limitations on 913 OWNERS in general 8 Retamage 14 2 Reuse of Docum ems 37 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal 6225 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 618 Safety and Protection 4 3 2 616 6 18 6 �0-6 21 7 2 13 2 general 0 M 6 23 Representative CONTRACTORs ¢21 Samples definition of 134 general 624628 Review by CONTRACTOR 625 Review by ENGINEER 026 6.7 related Work 028 submittal of 6 24 2 submittal procedures 625 Schedule of progress 26 2 8 2 0 66 629 104 1521 Schedule of Shop Drawing and Sample Submittals z 6 2 8 2 9 6 24-6 28 Schedule of Values 26 2929 141 Schedules — Adherence to 1521 Adjusting 66 Change of Contract Time; 104 Initially Acceptable 28 29 Preliminary 16 Scope of Changes 103 104 Subsurface Conditions 4 2 1 1 Shop Drawings — and Samples general 6 24.6 28 Change Orders 8c Applications for Payments, and 9799 de£mnion of 135 ENGWEERs approval of 362 ENGINEER s responsibility for review 97 6 24-6 28 related Work 628 review procedures 28 6 24.6 28 xLi Article or Paragraph Number submittal required Submittal Procedures use to approve substitutions Shown or Indicated Site Access Site Cleanliness Site Visits to — by ENGINEER by others special causes of loss policy form Insurance definition of Speciflcations— defineum of of Technical Societies reference t9 precedence Standards and Specifications of Technical Societies Starting Construction Before Starting the Work Stop or Suspend Work 6 24 1 625 673 431 72 132 617 92 132 132 562 136 136 331 333 33 '528 24 by CONTRACTOR 155 by OWNER 88 1310 151 Storage of materials and equipment 41 72 Structural Loading Safety 618 Subcontracto Concerning, 68611 definition of 1 37 delays 123 waiver of rights 611 Subcontractors in general 68611 Subcontracts- required provisions 5 11 6 11 1143 Subm ittals— Applications for Payment 142 Maintenance and Operation Manuals 14 12 Procedures 625 Progress Schcdule4 26 29 Samples 624628 Schedule of Values 26 14 1 Schedule of Shop Drawmgs and Samples Subm Issnons 26 28 29 Shop Drawings 6 24-6 28 Substantial Completion — certification of 6 30 2 3 14 8 14 9 definition of 1 38 Substitute Construction Methods or Procedures 672 Substitutesand Or Equal Items 67 CONTRACTOR s Expense 6 7 1 3 ENGfNEERs Evaluation 6 7 3 Or Equal 6 7 1 1 Substitute Construction Methods FJCDC OENFRAL CONDITIONS 191a S (199a EDITION) v( CITY OF FORT COLLINS MODIFICATIONS MEV 91" rem porary construction facilities 41 Article or Paragraph Article or Paragraph Number Number a Procedures 6 7 2 Term matron Substitute items 67 12 by CONTRACTOR 155 Subsurface and Physical Condiuons by OWNER 98 15 1 154 Drawings of in or relatng to 42 12 of ENGINEER s employment 8 2 ENGINEERS Review 424 Suspension of Work in general 15 general 42 Terms and Adjective 34 Limited Reliance by CONTRACTOR Tests and Inspections - Authorized 422 Access to the Work, by others 132 Notice of Ddlering Subsurface or CONTRACTOR s responsib9rttes 13 5 Physical Conditions 423 cost of 13 4 Physical Conditions 42 12 covering Work prior to 13 6-13 7 Possible Contract Documents Change 425 Laws and Regulations (or) 13 5 Possible Price andTmees Adjustments 4 2 6 Notice of Defects 13 1 Reports and Drawings 4 2 1 OWNER May Stop Work 13 10 Subsurface and 4 2 OWNERS independent testing J3 4 Subsurface Conditions at the Site 4 2 1 1 special required by ENGINEER 96 Technical Data 4 2 2 timely notice required 13 4 Supervision Uncovering the Work, at ENGINEERS CONTRACTOR s responsibility 61 request 13 8 139 OWNER shall not supervise 89 Times - ENGINEER shall not supervise 9 Z 9 13 2 Adjasting 4 6 Superintendence 6 2 Change of Contract 12 Superintendent CONTRACTOR s resident 62 Computation of 17 2 Supplemental costs 11 45 Contract Times defmmon of 1 12 Supplemen" Conditions day 1711 definition of 139 Milestones J2 principal references to J 10 1 18 2 2 2 7 Requirements 42 43 51 53 54 5659 appeals 910 16 5 11 6 8 6 13 7 4 8 11 93 9 10 clarifications Supplementing Contract Documents 3 6 claims and disputes 911 112 12 Supplier Commencement of Contract Times 23 definition of 140 Reconstruction Conference IS principal references to 37 6� 6 8-6116 20 schedules 2 6 29 6 6 624 913 14 12 Starting the Work 24 Waiver of Rights 611 Title Warranty of 143 Surety— Uncovering Work 138 139 consent to final payment 14 12 14 14 Underground Facilities physical Conduams— ENGINEER has no duty to 913 definition of 141 Notification of 10 1 105 152 Not Shown a Indicated 4 3 2 qualification of 51 53 protection of 43 620 Survival of Obligations 634 Shown or Indicated 4 3 t Suspend Work, OWNER May 13 10 151 Unit Price Work — Suspension of Work and Termination— I5 claims 11 9 3 CONTRACTOR May Stop Work definition of 142 or Term mate 15 5 generall 19 14 1 14 5 OWNER May Suspend Week 151 Unit Prices— OWNERMay Termmatc 152154 generall131 Tares—Paymerit by CONTRACTOR 615 Determination for 910 Technical Data Use of Remises 6 16 6 18 6 30 2 4 Limited Reliance by CONTRACTOR 422 Utility owners G 13 6 20 7 1 7 3 13 2 Possible Price and Times Adjustments 426 Utilization Partial 128 515 63024 1410 Reports of Differing Subsurface and Value of the Work 113 Physical Conditions 423 Values Schedule of 26 2 8 2 9 141 my EJCDC OENF.RAI. CONDIIION81910 8 (1990 Ernr10NJ .1 CITY OF FORT COLUNS MODIFICATIONS WV 9199) Variations in Work Minor Authorized 625 627 95 Article or Paragraph Number Visits to Site by ENGINEER, 92 Waiver of Clams --on Final Payment; 1415 Waiver of Rights by Insured parties 5 I 1 611 Warranty and Guarantee. General by CONTRACTOR 030 Warranty of Title CONTRACTORS 143 Work Access to 132 by others 7 Changes in the 10 Contmumg the 629 CONTRACTOR May Stop Work or Term irate 151 Coordination of 74 Cost of the 114 115 defmition of 143 neglected by CONTRACTOR 13 14 other Work 7 OWNER May Stop Work 1310 OWNER May Suspend Work 13 10 151 Related Work at Site 7 1 7 3 Starting the 24 Stopping by CONTRACTOR 155 Stopping by OWNER 15 115 4 L ariation and deviation authorized minor 36 Work Change Directive clauns pursuant to 10 2 definition of 144 pruicipal references to 3 5 3 101 102 Written Amendment definition of 145 principal references to 1 10 3 5 5 10 15 12 662 682 619 101 104 112 121 13 12 2 1472 Written Clarifications and Interpretations 363 94 911 Written Notice Required — by CONTRACTOR 71 9109 11 104 112 121 by OWNER 9 10-9 11 104 112 1314 >n' EX70C OENERAL COMMON51910 5 (199a EDITION wl CITY OF FORT COLUM MODIFICATIONS MV 9/W) (This page left blank intentionally) ' EJCDC GENERAL COMNnONS 1910 s (199n EDInON) -]CITY OF PORT COLLINS MODIFICATIONS (REV 91") GENERAL CONDITIONS ARTICLE I —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which an apphable to both the singular and plural thereof 1 I Addenda—Wrmen or graphic immaments issued prior to the opening of Bids which clarify correct or change the Bidding Requirements or the Contract Documents 12 Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Cowed Documents are attached to the Agreement and made a part thereof as provided therein 13 AppIscaaon for Pawaint—fie form accepted by ENG which is to be used by CONTRACTOR in requesting progress or final payments and which is in be acermpamed by such supporting documentation as is required by the Contract Documents, 14 Asbestos —Any material that contains more than one peroent asbestos and is friable a a releasng asbestos fibers into the au above curer action levels established by the United States Occupational Safety and Health Admimsratim 15 Bid —The offer or proposal of the l ddcr submitted on the prescribed form setting forth the prices for the Work to be performed. 16 Bidding Documents —The advertisement or nwntatim to Bid uatnictiona to bidders, the Bid form ad the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) 1 7 Bidding Requirements- The advernsoment or invitation to Bid instructions to bidders, and the Bid form 18 Bonds —Performance and Payment bands and other mstruaents of security 19 Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition dclehm or revaim in the Work or an adjustment in the Contend Rice or the Contract Tines, issued on or after the Effective Date of the Agreement 1 10 Contact Docnmmtls—The Agreement. Addenda (which pertain to the Contract Documents) CONTRACTORS Bid (mcludig documentation aarmpanyi g 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 Back, these General Cmdntiota, the Supplementary Conditions, the Specifications and the Dmwnngs as the EJCDCOENERAL CONDiT1OM 19104 (1990 Ednm) w/ CITY OF FORT COUINS MODIFICATIONS (RE/ 4aMo same are more specifically identified in the Agreement together with all Written Amendments, Change Orders, Work Change Duechvm Field Orders and ENGINEERS written aterpretatiota and cknfiations issued pursuant to paragraphs 3 5 3 6 1 and 3 6 3 on or after the Effective Date of the Agreement. Slop 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 Documems. I It Continoct Pnce—The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the (.ontmet Documents as stated in the Agreauem (subject to the provisions of paragraph 11 9 1 in the ase oflJmt Price Work) 112 Contract Times —The numbers of days or the dates stated in the Agreement (1) to achieve Substantial Completion, and (it) to complete the Work so that it is ready for final payment as evidenced by ENGINEERs wrium recommendation of final payment in accordance with paragraph 14 13 113 CONTRACTOR The person, form or corporation with whom OWNER has entered man the Agreement 114 &fectme—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 aspect oii, 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 with paragraph 14 8 or 1410) 115 Drawings- The drawings which show the scope extent and character of the Work to be furnished and performed by CONTRACTOR and Much have been prepared a approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defined 116 Ef(ecnve Date of die Agmenient—The date indicated in the Agreement on which it becomes effective but if no such date its indicated it memo the date m which the Agreerent is signed and delivered by the last of the two parties to sign and deliver 117 ENGINEER —The person, firm a corporation named as such in the Agroement 1I8 ENGINEERS Coimstant A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEERS mdependem professsnal associate or cmaultant with respect to the Project and who is identified as such in the Supplementary Conditions 119 Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9 5 but which does rim[ involve a change in CmhactPnoe or the Contract Times 120 Geneml Raqurremenu-Sections of Division I of the Specifications 121 Hazanlow Waste -The tam Ha dcus Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended Ginn Lane to time 1 22.a lane and Regulahonr law or Regulahons-Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all govemmemal babes, agencies, authantim and wurts bavmglunsdmtmn. 122 b Legal Hobdaysshall be those holidays observed by the City of Fort Collins 123 liens -Liras, charges, security uaerests or encumbrances upon real property or personal property 124 Mrkstone A prmopal event spemfied in the Contract Documents relating to an mteanedmte completion date or time pnor to Substantial Completion of all the Work 1 25 Mabee of Awanf-A wneten mnee by OWNER to the apparent successful bidder stating that upon compbance by the apparent successful bidder with the conditions precedent cnumemted therein, within the time specified, OWNER will sign and deliver the Agreement 126 Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a mpv to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start in perform CONTRACTORS obligations under the Contract Documents 127 OWNER -The public body a authonty, corporation. aswaahoi, firm or person with whom CONTRACTOR has entered into th, Agreement and for whom the Work its to be provided 128 Partial Uhlaahon-Use by OWNER of a substantially completed )art of the Work for the purpose for which it is intended (or a related pwpwl prior to Substantial Completion of all the Work 1 29 PCBs -Polychlorinated biphenyls 130 Petrokum petroleum including crude al or any fraction thereof winch is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14 7 pocods per square inch absolute) such as oil, petroleum fuel otk oil sludge oil refuse, gasoline kerosene and al mixed with other iron Hazardous Wastes and crude ols 131 Project -The total coiatntction of winch the Work to be provided order the Contract Docurnents may be the whole, or a pan as indicated elsewhere in the Contract Documents. 132 a Radoachw Materral-Sauce, special nuclear a bypradna material as defined by the Atomic Energy Act of WCDCOPNERAL CONIXTIOM 191"(199VEddim) wf aT V OFF0KT WLLIM MODIRC T101et atEV 4110M) 1954 (42 USC Section 2011 et seq) as amended from time to time 132 b Revular W orkinr Hours -Regular working hours are defined as 7.00am to 6 Wan unless othom specified m the Geneml Requirements 133 Resrdertt Project Representative -The authorized reiresematn a 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 potion of the Work and winch establish the standards by which such potion of the Work will be judged, 135 Shop Drawmgs-All drawings, diagrams illustrations, schedules and other data or information which are ss�6m11y prepared or assembled by or for CONTRACTOR and suhnitted by CONTRACTOR to illustrate some potion of the Work 136 Speeficatrons-Those portions of the Contract Documcros consisting of wnaen technical desenpuors of materials, equipment, construction systems, standards and workmanship as applied to the Wok and certain admmetr inve details applicable thereto 137 Subcontractor --An individual firm or corporation having a direct contract with CONTRACTOR or with arty other Subcontractor for the performance of a part of the Work at the site 138 Su�smnhal Completion -The Work (or a specified part thereoQ has progressed to the point where in the opmton of ENGINEER as evidenced by ENGINEERs definitive certificate of 9ubstaraml Completion, it its sufficiently complete in accordance with the Contract Documents so that the Work (or specified part) can be utilized for the purposes for winch it its intended or if no such certificate is needed, when the Walt a cangkte and ready for final payment as evidenced by ENGINEERs written recommendation of final payment in accordance with paragraph 14 13 The terms substantially complete and substantially completed as applied to a6 or part of the Work refer to Substantial Completion thereof 139 Supplementary Cardihons-The part of the Contract Documents which amends or supplements these General Conditions 140 Suppher--A manufacturer fibncata supplier distributor materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to tttrmsh materials or egwpment to be incorporated in the Work by CONTRACTOR or any Subcontractor 141 Usadergrowd Facilities -All ppebnes, cordons ducts, cables, wires, manholes, vaults, tanks tunnels a other such facilities or attachments, and arty encasements containing such facdmes which have been installed underground to furnish any of the following services or materials electricity gases, steam lapud petroleum products, telephone or other communications, cable televivat, sewage and drainage removal, traffic or other control systems or water 142 Unit Price Work —Work to be paid far on the basis of unit prices 143 Wort —The entire completed construction or the venous separately identifiable yyaaAAss thereof required to be fimmshed under the Contract 75acmnents. Wok includes and is the result of performing or fumislmrg labor and hurushing and moorporenmg materials and equipment into the construction. and Performing or f tmislmg services and furmshig document; all as required by the Contract Documents 144 Work Change Dimcnve—A written directive to CONTRACTOR, issued m or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordenrig an addition, deletion ce immm m the Work or responding to dsffermg or unforeseen physical conditions under which the Work is to be performed as provided in pamgmph42 a 43 or to snagendes miler paragmph623 A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parries expect that the change directed or documented by a Work Charge Directive will be incorporated in a subsequently issued Change Order following negotiators by the parties as to its effect, if any in the Contract Price or Contract Tunes as provided in paragraph 10 2 145 ffntten A=nmhnm--A written amendment of the Contract Documents, signed b) OWNER and CONTRACTOR on or after the Eftedrve Dam of the Agreement and normally dealmg with the mnnengmcenng a nontechnical rather than strictly construcum-related aspects of the Contract Documents ARTICLE 2—PRELU BINARY MATTERS Dehsery ofBondr 21 When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also dealer to OWNER such Bonds as CONTRACTOR may be required to fttrmsh in accordance with paragraph 5 1 Capies ofDocamenrs 22 OWNER shall futmsh to CONTRACTOR up to ten copies (unless otherwise spealled in the Supplementary Cmditrors) of the Contract Documents as are reasonably necesiany for the cxccutim of the Work Addiuenal copies will be furmslicd, upon request, at the cost of repmducum Canmencemem ofContritd Titan Nance to Proceed 23 The Contract Tonnes will commen,c to rim on the thirtieth day after the Effective Date of the Agreement, ce EJCDC�G ?C)IMONS 19104(1990EdUm) w/aTY OF FORT MLLINS MODMR TIONS(REV 4aM) of a Notice to Proceed is given. on the day indicated in the Notice to Proceed A Notice to Proceed may be given at any tune within thirty days after the Effective Date of the Agreement. In re - eat Snrhng the Work 24 CONTRACTOR shall start to perfam the Work on the date when the Contract Tories commence to run. but no Work shall be done at the site prior o the date on which the Contract Tunes commerce to run Before Sorting Constrndwn 25 Before undcrtakmg cash part of the: Work CONTRACTOR shall carefully study and compare the Contract Documents and check and verify penincit figures shown thereon and all applicable field measaemenat CONTRACTOR shall promptly repot in writing to ENGINUR any conflict, error ambgutty a discrepancy which CONTRACTOR may dnsmva and shall obtam a written interpretation or clarification from ENGINEER before proceedmg with any Work affected thereby howma CONTRACTOR shah not be [table to OWNER or ENGINEER for f tlure to report any conflict, error ambiguity a discrepancy m the Contract Dominants, unless CONTRACTOR knew or reasombly should have krown thereof 26 Within ten days after the Effective Date of the Agerniem (unless otherwise specified in the General Requirements) CONTRACTOR shall submit to ENGINEER for review 261 a preliminary progress schedule indicating the tunes (numbers of days or dates) for startmg and completing the various stages of the Work, including any Milestones specified in the Contract Documents 262 a preliminary schedule of Shop Dmwtng and Sample submittals wfuch will list each required submimal and the times for submntmg, reviewing and processing such subminal, 26.2 1 In no rase will a schedule be acceptable whadi allows less than 21 calendar days fa each review by kimmiter 263 A preliminary schedule of values for all of the Work which wdl include quantities and pries of items eggregatmg the Contract Price mid will subdivide the Work into component pans in sufftcimt detml to serve as the basis for progress payments during construction Such pnces will include an appropriate amount of overhead and profit applicable to each item of Work 27 Before any Work at the site s started, CONTRACTOR and-9W#E!F shall aeeh deliver to the ekka' OWt&I2 with copies to ENGINEER. certificates of insurance (and other evidence of insurance rawsgsd W OWNLR) which CONTRACT espeeswety-toe n required to purchase and maintain in accordance with paragraphs 5 4-5 6 and 5� I'monaradion Conference. 28 Within twenty days after the Contract Tunes dart to run but before arty Work at the into is signed, a confaerce attended by CONTRACTOR, ENGINEER and Others as appropriate will be held to establish a working urclerstandmg among the parties as to the Work and to it== the schedules referred to in pamgmph26 procedures for handluig Shop Drawings and other submittals processug Apphealwra fcr Payment and mantami g required records Irrftlally Accepmble Sehedidiix 29 Unless otherwise faovided in the Contract Dammems AppH�Etm- F Flips E before any work m the snte begins a oonferonuce attended by CONTRACTOR, ENG[NFFR and others as aplxepriete dMgElaad by OWNER will be held toreview oracceptabilityto ENGINEER as provided below the schedules submitted in accordance with paragraph 26 and DmvOn 1 General ReouyGptegl4_ CONTRACTOR shall have an additional ten days to make mrremoia and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR unml the schedules are submitted to and acceptable to ENGINEER as provided below The Progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Totes, but such acceptance will neither impose on ENGINEER rest ;lit sly Cor the scheduling or progress of the Work norinterfere irwith or relieve CONTRACTOR from CONTRACTORS full responsibility therefor CONTRACTORs schedule of Shop Drawing and Sample su entsaons will be acceptable to ENGINEER as providing a workable arrangement far reviewing and processing the required submittals CONTRACTORS schedule of values will be acceptable to ENGINEER as to fan and substance ARTICLE 3—CONTRACT DOCUMENTS INTENT AMENDING REUSE Intent 31 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning g the Work The Contract Documents we complementary what m called for by one a as boding w if called for by all The Cmbsct Documents will be construed in accordance with the law of the place of the Project 32 It its the must of the Contract Documenms to WDC OENMA COMMONS 1 a10S(IM EdWm) w/ CITY OF FORT OXU NS MODIFICATIONS 04nOOa) describe a functionally complete Project (a part thereof) to be constructed in accordance with the Contract Documents Any Work, materials or reasonably be mkire from the Contract Documents pment that or a from prevailing custom or trade usage as being required to Produce the intended result will be fumahed and palbrrned whether or not specifically called for When words or phrases which have a welt -known technical or corulruction industry or trade meaning we used to describe Work materials or equipment. suds words or phases shall be interpreted in accordance with that meaning Clarifications and uterpretationu of the Contract Documents shall be issued by FNGINEER as provided in paragraph 9 4 33 Reference to Skwdw* and Speerfrcanasr of Technical Socrdisak Repw6ng and Rea Mng Ihurepanaea 331 Refcrence to standards, specifications; manuals Or codes of any technical society organvatwn or assocabm, or to the Laws or Regulations of am governmemal authority whether such reference be specific or by implication, shall mean the latest standard specnfiamon, manual code or I aws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement of there were no, Bids) except as may be otherwise specifically stated in the Contract Documents, 332 IS during the perfotmince of the Work CONTRACTOR discovers any congict, error ambiguity or dcacrepancy within the Contract Documents or between the Contact Documents and any provision of arty 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 Suppler referred to in paragraph 6 5 CONTRACTOR shall report it to ENGINEER in sating at Once and, CONTRACTOR stall not proceed with the Work affected thereby (eccep t 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 pmagmph 3 5 or 36 provided, however that CONTRACTOR shall not be liable to OWNER or ENGINEER for fadure to reps any such cordhct, error ambiguity or discrepancy unless CONTRACTOR knew a reasonably should have known thereof 333 Except as otherwise specrfrwlly stated in the Contract Documents or as may be provided by amendment Or supplement thereto issued by me of the methods udicated in pamgraph35 or 36 the provaims of the Contract Documents shall take Precedence in resolving any conflict, error ambiguity or discrepancy between the provisions of the Contract Documents and 3 3 3 1 the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by refererwo in the Commct Documents) or 3 3 3 2 the provistons of arty such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Domunelts would result in violation of such Law or Regulation) No provision of any such standard, specification, mamial, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR m ENGINEER. or any of their subcontractors, consultant., agents or employees from those set forth in the Contract Documents, nor shall it he effective to assign to OWNER ENGINEER or any of ENGINEER s Consithams, agents or employees any duty or authority to supervise or direct the furnishing a performance of the Work or any duty or authmty to undertake responsnbdity incotuustem with the provisions of paragraph 9 13 or any other provision of the Contract Documents 34 Whenever inthe ContractDocuments the terms as ordered as directed as required as allowed as approved a tams of like effect or import are used, or the adjectives reasonable suitable acceptable proper" or satisfaaay or adjectives of like effect or import are used to describe a requirement direction review or judgment of ENGINEER as to the Work, it its 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 mfmnatim in the Contract Documents and conformance with the design concept of the completed Project as a functionaig whole as shown or indicated in the Contract Documents (unless there IS a specific statement indicating odnawise) The use of any such tern or adjective shall not be effective to assign to ENGINEER any duty a mthonty to supervise or direct the fumshing m performance of the Work or any duty or authonty, to undertake responsibility contrary to the provisions of paragraph 9 13 or any other provision of the Contact Documents. Amen dng and SuppteJnentmg Cona act Documents 35 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the tams and conditions thereof in one or more of the following ways 3 5 1 a formal Wntun AmaidmmL 352 a Change Order (pursuant to paragraph 10 4), or EJCDC 06T4HtAL CONDIMONS 191"(IM Edam) w! ClY OF FORTCOUIMS MODIFICATIONS(REV 4r 000) 3 5 3 a Work Change Directive (pursuant to paragraph 101) 36 In addition the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be eummwA in one or more of the following ways 3 6 1 A Field Order (pursuant to paragraph 9 5) 362 ENGINEER's approval of a Shop Drawmg or Sample (pursuant to paragraphs 6 26 and 6 271 or 363 ENGINEERS written interpretation or clarification (pursuant m paragraph 9 4) Recce of Documents, 37 CONTRACTOR and any Subcontractor or Supplier a other person or organization performing or fmrushmg any of the Work under a detect or irduect contract with OWNER (i) shall not have or acquire am title to or ownend:rights many of the Drawings, Specifications or oer documents (or copies of any thereof) prepared by or bearing the seal of FNGINEER or ENGINEERs Consultant, and ( i shall not reuse any of such Drawing, Specifications a documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINFER and specific written verification or adaptation by ENGINEER ARTICLE 4—AVAH,ABDdTY OF LANDS SUBSURFACE AND PHYSICAL CONDITIONS REFERENCE POINTS 4wilability oflm,& 41 OWNER shall furnish ins mdicoted in the Contract Documents, the lands upon which the Work is to be performed rights -of way and easements for access thereto and such other lands which are designated for the useofCONTPACTORi-.._..._�_.._— OWNER shall identify any ccumbmrras a restrictions not of general appincahm but specifically related in use of lands so furnished with which CONTRACTOR will have to comply at 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 Camas Documents If CONTRACTOR and OWNER are unable to we on entitlement to or the amount or extent of any adjustments in the Contract Price a the Contract Tunes as a result of any delay in OWNERs funushailt these land&, rights-of way or easements. CONTRACT R may make a clam therefor as provided in Articles 11 and 12 ATTENDANCE RECORD PREBID CONFERENCE Project 6084 Old Town Square Irrigation Time 1L 0 30 amDate January 24 2008 ocabon Old Town Ice Rink PRINT NAME RINT FIRM NAME ADDRESS ELEPHONE FAX #E-MAIL ADDRESS vl ,�cT�U �s�G' ie/7j ? �ZJ 5 }i Yo2.r>� Ly3n q-70-S02 y7o ✓J ID�� ? �y � 3 Fop .�+"J.LOS�Y. �' } � �osa9 CI7D- Zll 7- �-7 �G/licZiirO i�i� f,l ,�� !`✓� f; J a 910- W),3 L -73 lc ��.-�--•/-� ��r /y„ ,',/-� �,%� c> '//� ,� /,..-lam �-��/iC�,�- �« tV c- U cqt a CONTRACTOR stall provide for all additional lands and acres thereto that may be required for temporary construction facilities or storage of materials and equipment 42 Suburface and Physted Condnans 42 1 Reports and Drawings Reference is made to the Supplementary Conditions for identification of 4 ^_ 1 1 Subsurface Conabhors; Those reports of explorahoris and tests of subaaface conditions at or co�tguous to the site that have been utilized by ENGINEER in preparing the Contract Documems and 4 2 12 Phyncal Condtions Those drawings of physical conditions in a relating to emstmg surface a subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents 4 22 Limited Reliance by CONTRACTOR Aurhon ed. 7ecMucal Data CONTRACTOR may rely upon the general accuracy of the technical data contained in such repots and drawmgs, but such retorts and drawings are not Contract Documents Such teduucal data is identified in the Supplementary Conditions. Except for such nharwe on such technical data CONTRACTOR may not rely upon or make my claim against OWNER ENGINEER or may of FNGINEERs Consultants with respect to 4221 the completeness of such reports and drawmgs for CONTRACTORs purptsm, including g but not limited to any aspects of the means methods techniques, sequences and procedures of construction to be employed by CONTRACTOR and safely precautions and programs incident thereto or 4222 other data, interpretations, opinions and information contained in such reports a shown or indicated in such drawings, or 4223 any CONTRACTOR unapretatim of or conclusion drawn from arty technical data or mmiiyy such data interpretatmus, opinions or alfortnBhoR 423 Notice of DrBenng Suubsurface or Phjscal Condhhons If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is urrco rered Or revealed either 4231 a 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 a accurate or 4232 is of such a name as to require a charge in the Comas Documents, or 4213 duffers materially from that shown or WCDCOENOM CONDMOM 19104 (199a Edam) W OTY OF FORTCOLLIM MODMCATIOM O EV 42000) udieated in the Contract Documents, or 4234 m of an un in d nature and differs materally from conditions ordinarily encountered and generally recagnuad as inherent in work of the character provided for in the Contract Documents, then CONTRACTOR shag psremplh immediately after becoming aware thereof and befae fuitha disturbing condition affected thereby or performing arty week in connection therewith (except in an emergency as pemiitted by )aragraph623) notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further dva rb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of wnnen order to do so 424 P_NGTNEERs Resew ENGINMER will promptly review the pertment conditions, determine the necessity of OWNERS obtaining additional exploration or tests vnth respect thereto and advise OWNER in writing (vnth a copy to CONTRACTOR) of ENGINEERs findings and conclusions 4 2 5 Posnble Contract Docu mencr (mange if ENGfEER concludes that a charge in the Contract Uavments is required as a result of a combuon that meets one or more of the categories in paragraph 4 2 3 a Work Change Direehve or a Change Order Sall be issued as provided in Article 10 to reflect and document the consequences of such charge 4 2 6 Possible Price and Tunes A4usbnenis An equable adjustinent in the Contract Price or in th Contract Tunes, or both, will be allowed to the exunt that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTORS cost of a time required for performance of the Work, subject however to the foilowrrg 4261 such condition must meet any one or more of the categories described in paragraphs 4 2 3 1 through s 4 2 3 4 inclusive 4262 a change in the Contract Documents pursuant to paragraph 425 will not be an automatic authorization[ of nor a condmon precedent to entitlement to any such adjustment 4263 with respect to Work that is paid for on a Unit Price Bass, any adjustment in Contract Pace will he subject to the provisions of paragraphs 910 and 119 and 4264 CONTRACTORshall not be entitled to any adjustment in the Contract Price a Times if 42641 CONTRACTOR knew of the existence of such codhhans at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contmer Times by the submission of a bid or becoming bound under a negotiated contact, or 42642 the existence of such condition could reasonably have been discovered or revealed w a result of any ccamuratict. investigation, exploration, test or study of the site and congruous areas required by the Bidding Requacrneras or Contract Documents to be cmifiuted by or for CONTRACTOR prior to CONTRACTORS making such fund commitment or 42643 CONTRACTOR failed o give the written notice "thin the time and as reyuaed by paragraph 4 2 3 If OWNER and CONTRACTOR are unable to agree on errand ment to or as to the amount or length of any such equitable adjustment in the Contract Price or Contact Times a clan may be made therefor as provided in Articles 11 and 12 However OWNER, ENGINEER and ENGINEERs Consultants shall nor be liable in ( ONTRACTOR fa any claims, coats, losses or damages sustained by CONTRACTOR on or in connection with env, other project or anticipated project 4.3 Physical Condtftm —Undengroand Facilities 43 1 Shom or Ind'cared The mtormation 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 Punished in OWNER Or ENGINFER by the owners of such Underground Facilities or b) others Unless it is otherwis, expressly provided in the Supplementary Conditions 43 It OWNER and ENG24EER shall not be responsible for the accuracy or completeness of any such information or data and 4 3 1 2 The cast of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for (n) reviewing and checking all such information and data, (u) locating all Underground Facilities shown or indicated in the Contact Docunents,60 coorduation of the Work with the owners of such Underground Facilities during constriction, mud (w) the safety and protection of all such Underground Facilities as provided in pmagmph620 and repah[mg any damap c thereto resulting from the Work 4 3 2 Nor Shoan or Irrlreated If an Underground Facility is uncovered or revealed at or cont iguau to the an site which was not showor indicated m the Contract Documents, CONTRACTOR shall 1y i nmediately after becomvy, aware thereof sod"before Rather disturbing conditions affected thereby or performing arry Work in connection therewith (except in an emergenry, as required by paragraph623) identify the owner of such Underground Facility and EJCDCOENHRAL C10NDITIOM 19104 (19ac Edam) w! QTY OF FOKTCOLLIM MODffICATIOM dtEy 42(oe) give written [puce to that owner and to OWNER and ENGINEER. INGTNEER will promptly review the Undergrwrrd Facility and determine the extent, if any to which a change is required in the Contract Documents to reflect and dacument the caisequences of the eossence of the Underground Facility If ENGINEER concludes that a drmige in the Contract Documents is reyuaect, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and coo mad such corsuquerces During such time CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 620 CONTRACTOR shall maybe allowed an increase in the Contract Pia or an extension of the Contract Times, m both, to the extent that they arc attributable to the exsslasce of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did nor know of and could not reasonably have been expectecl to be aware of or - to have anticipated If OWNER and CONTRACTOR me unable to agree on candescent to a the amount or length of any such adjustment in Contract Pia or Contract Trines, CONTRACTOR may make a clan 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 nncvnad m sustained by CONTRACTOR on or in connection, with any other project a anticipated project Reference PaiNs 44 OWNER shall provide engmeenng surveys to establish reference points for construction which in ENGINEERS judgment are necessary to enable CONTRACTOR to proceed with the Work CONTRACTOR shall be responsible for laying out the Work shall protect and preserve the established reference Pores and shall make no changes or relcoatiore without the Prim wntten approval of OWNER CONTRACTOR shall report to ENGINEER wherever any reference point its last m destroyed or requires relocation because of necessary changes in grades or locabons, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel 4.5. Asbestox PCBs Peftleats; Aai4vdoas Waste or Radreachne Marmot 4 5 1 OWNER shall be mspuishble for any Asbestos, PCBs, Petroleum Hazardous Waste or Radiaxnve Materiel uncovered or revealed at the ate which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or at Kit OWNER thershall tic bein er ponsible foh die rork such materials brought to the site by CONTRACTOR Jubcontractors, Suppliers err anyone else for whom CONTRACTOR ta responsible ARTICLE S-BONDS MID INSURANCE Peformanee, Payment and Other Ban& 5 1 CONTRACTOR shall Roush Performance and Psymad Bonds. each in an amount at least equal to the Contrem Price as security fa the faithful performance and payment of all CONTRACTORs Vixens ens under the Contract Documents These Bonds s}m� remain in effect at least until one year after the date when rmel payment becomes due except as provided otherwise by Laws or Regulations or by the Contact vocuments CONTRACTOR shall also fianish such other Bonds as arc required by the Supphenertary Condition All Bonds shall be in the fain prescribed by the Comract Documents Mas provided otherwise by Laws a Regulations and she executed by such suram as am named in the current list of Companies Holm ('.erh&ates of Authority as Acceptable Sureties on Federal Bolds d as Acceptable Remaining Compares" as published in Cnrcular570 (amended) by the Audit Staff. of Government Financial Operations, U S Treasury Department vl Banda signed by an agent must be accompanied by a certified copy of such agents authority to act 52 If the cus ma Bond furnished by CONIRA(OR ideclared banlaupt orecom insolvent or its right to do busmess is terminated many state where any per: of the Pryeo is located or it ceases to meet the requirements of paragraph 5 1 CONTRACTOR shall within ten days themiter substitute another Bond and surety both of winch must be acceptable to OWNER &3 Licensed Surertes and Insares Camfuaoles of Insurance 5 3 1 All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or Insurance companies that are duly licensed or authorized in the jurisdiction in which the. Project is located to Issue Bonds a insurance rance policies for the Innis and coverages so required Such m surety and inu ice oaapanus 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 oopws to each additional insured red identified in the Supplementary Cmdlhmis, certificates of insurance (and other evidence of usurance requested by OWNER or any other additional insured) which CONTRACTOR is requaed to purchase and mamtam in accordance with paragraph 54 OWNER -shall WOCOENfRALCONOIlaOtea 19104 (1990E40m) w/ C17T OF FORT CULL] NS MO➢IF W10Na atry 42ow) C0A7R4CT0R a LurbihtyIii&mmce. 54 CONTRACTOR mail purchase end maintain such habnhty and other insurance as a appropriate for the Work being performed and furnished and as will provide protection friar clams set forth below which may arise out of or result from CONTRACTORS perfamerce and fianrshrrg of the Work and CONTRACTORS other obligations under the Contract Documents. wheeler it its to be performed or tarnished by CONTRACTOR any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform or famish any of tie Wok Or by anyone for whose acts any of them may be liable 5 4 1 claans undcr workers comperuation dnsabtlity benefits and other samlar enployce benefit acts 542 clams for damages because of bodily injury cccupaucml sudusm or disease a death of CONTRACTOR s employees, 543 clans for damages because of bodily injury sickness or disease or death of any person other than CONTRACTORs employces; 344- clavasfored-by-austemaq 9UYFF(esaR 545 claims fa damages, other than to th, Work itself. because of uyury to or destruction of tangible property wherever located, including loss of use resulting therefrom and 5 4 6 clans for damages because of bodily injury or death of any person or property damage "using out of the ownership maintenance or use of any motor velucle The policies of mstuance so replied by this paragraph 5 4 to be purchased and main meti d shall 5 4 7 with respect to msmance required by paragraphs 543 through 146 inclusive end 549 include as additional usureds (subject to any custoatary, exclusion in respect of professional liability2 ) OWNER. ENGINIF ENGINEERS Consulimnis and any other persons or entities identified in the Supplementary Condwas, all of whom shall be listed as additional insureds• and include coverage fa the respective officers and employees of all such additional insureds 5 4 8 uwludle the specific coverages and be written fa not less than the hums of labday provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater 5 4 9 include completed operations amrance, EICOCOEFa•8AL CONDITION 1910-8 0990EdUm) * QTY OF FOnTOOLUN MODIFICATIONS (REV 4It000) 5410 include contractual habdnty insurance covering CONTRACTORS indemnity obligations under paragraphs 612 6 16 aril 6 31 though 6 33 5 4 11 contain a provision a erdcesemer that the coverage afforded will not be cancelled, materially changed a renewal refused until at least days price written notice has beengiven to 01NR and CONTRACTOR and to each other additional insured identified in the Supplementary Condmos to wham a certificate of insurance has been issued (and the oeruficetes of insurance fmmshed by the CONTRACTOR pursuant to paragraph 5.3 2 will so provide) 5412 remain in effect at least until foal payment and at all tunes thereafter when CONTRACTOR may g, be correcturemorma g replacing defective Wok 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 first payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condmons to wham a certficate of instance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at brel payment mid one year thereafter) OWVER s Liabibly Insurance. 55 In addition to insurance required to la, provided by CONTRACTOR under paragraph 54 OWNER, at OWNER'S option, may purchase and maintain at OWNERS expense OWNERS own Lability ut5 ince as will protect OWNER against alarms which may anse firm operations under the Contract Documents Property Inintrunce S6 -- C-aahuots;-F1iN#&R-Mali-puohase-aadl-mewteat It ilea de�suble-eMAY be PFW!dgd in 4M Ragaletlens)-�Istslaaxencer}ueA- o-s-�m.mea- err n the e min.___ penis sFA dandod mplawmam of but se rarable undeF4ffraatprw �■r��e::�rrY - - axe;sa�w' , - 0 OWNERS prop-pt. 91. �ae�.er-,yew �j-eu�atsa:.a,d EJCDCGENERAL CONOInOM 191"(LM ES4m) �N -10TY OF FOP T OOLLIM MODIFICATIONS(REV42000) n ReonlitandApphaantw offnr ,acePrveredr 512 Any insured loss under the policies of msunence required by paragraphs 5 6 and 57 will be adjusted with OWNER and made payable to OWNER as fiducmry for the insureds, as them interests may appear subject to the requirements of any applicable mortgage clause and of paragraph 513 OWNER shall deposit in a separate secoum any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach If no other speeal agreement is reached the damaged Work shall be repaired or replaced, the moneys so rccived applied on account thereof and the Wool: and the cost thereof covered by an appropriate Change Order or Witten Amendment S 13 OWNER as fiducamy shall have power to adjust and settle any leas with the insurers mdess one of the parties in interest shall object in writing within fifteen days after the occutrenoe of loss to OWNERs exercise of this power If such objection be made, OWNER as fidumiary shall make settlement with the insurers in accordance with such agreement as the parties in interest may «ache If no such agreement among the parties in interest Is Torched, OWNER as fiduciary, shall adjust and settle the loss with the usurers anemok nnmmn Acceptance of Bondi sad lnmrrmiee Option to Replace. 514 If OWNER has any objecumi m the coverage afforded by or other provisions of the - insurance required to be puaclasetl and maintained by the use —posy CONTRACTOR in accordance with Article 5 on the basis Partial Unharho Projwty fnsatttace 5 15 If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EXI)c OENUAL CONDITIONS 191e4 (IM Eau.) w/ QTY OF FORT OOLLI NS MODE CATIONS (REV 4/2(I0U) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 1410 provided that no such use or occupancy shall commence before de assurers providing the property insurance have acknowledged notice thereof and in writing eRected my daripes in coverage necessitated thereby The insurers providing the property insurance shell casein by endorsement on the policy or policim but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy ARTICLE 6-CONTRACTOR S RESPONSIBILITIES Supervision andSupenntasdence 61 CONTRACTOR shall supervise, inspect and direct the Work canpetently and efficiently &-voting such attention thereto and applying such skills and expertise m may b, necessary to perform the Work in accordance with the Contract Documents ( ONTRACTOR shall be solely responable fcrthemeans, methods, techniques, sequences and procedures of construction. bin CONTRACTOR shall nor be responsible for the negligence of others in the design or specification of a specific meare, method technique que sequetice a procedure of construction which is shown or indicated in and expressly required by the Contract Docmmettts CONTRACTOR shall be responsible to see that the completed Work canphes accurately with the Contract Documents 62 CONTRACTOR shall keep on the Work at all times during is progress a competent resident superintendent, who shall not be replaced wrther t written notice to OWNER and ENGINEER except under actraordmary cacumsgnices The superintendent will be CONTRACTORS representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the supeimtendent shall be as binding m iTgivento CONTRACTOR Labor bfa/njalsand Equipment 63 CONTRACTOR shall provide competent suitably qualified personnel to survey lay out and construct the Work as required by the Contract Documents CONTRACTOR shell at all times maintain good discipline and order at the site Except as otherwise requued four 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 ale shall be performed during regular wo&cmg hours and CONTRACTOR will not permit overture work or the performance of Work on Saturday Sunday or any legal holiday without OWNERS written consent grven after prior written notice to ENGINEER CONTRACTOR staL submit it requests to the ENGINEER no less than 48 hourrs in advance of any Work to be performed m Saturday. Sunday, Holidays or outside the Rtxular Workmj; Hours 64 Unless otherwise specified in the General Requirements CONTRACTOR shall famish and assume full responsibility for all materials, equipment, labor transportation, construction equipment and macfunery tools, appliances fuel power light heat, telephone water sammry f icnhties, temporary faciluies and all other faeilaues and incidentals necessary for the fumnslmg, performance testing. start up and completion of the Work 641, Puiclasm¢ Ratndiona CONTRACTOR must oomoly with the CINs oumhastne restrictions A cow of the resolutions are available for review in the offices of the Aachasmg and Risk Management Division or the City Clerks office 642 Cement Restrictions City of Fort Collins Resolution 91 121 reatimm that suooliers and producers of cement a prpdhcts cormemlrg cerncnt to comfy that the cement was not made in oernenl kilns that bum hazardous waste as a fuel 65 All materials and equipment shall be of good quality and new except as otherwise provided in the pact Documents All warranties and guarantees specifically called for by the Spectficancrs shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of matenais and equipment All materials and eguipinent shall be applied. installed, conneclal, erected used, cleaned and conditioned in accordance with msiructioir of the applicable Supplier except as otherwise provided in the Commit Documents Progress SrheWe 66 CONTRACTOR stall adore to the progress schedule established in accordance with paragraph 2 9 as it may be adjusted from time to time as provided below 661 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent mdicaled in paragraph 2 9) proposed adjustments in the progress schedele that will not charge the Commit Times (or Milestones) Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provsmis of the General Requirements applicable thereto 662 Proposed adjustments in the progress schedule that will change the Contact Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 121 Such adjishnents may only be made by a Change Order or Written Amendment in accordance with Article 12 6,7 Subshfaresand OrEqual Rains: 6 7 1 Whenever an aem of material or equipment is specified or described in the Conrad Documents by using the name of a proprietary item or the name of a pamcula Supplier the specification a desaipton s intended to establish to type, fiuichon and quality, required Unless the Twificanon or description EJMCOEN&M CONIXnOM 19104 (IMEdam) 12 w/CITY OFFORT COLUM MODIRCAMONa(REV 4Raaa) contains or is followed by words reading that no like equivalent a or equal nem or no subsltWtion is permitted, other items of material a equipment or material a equipment of other Suppliers may be accepted by ENGINEER under the following crCinnsrarnces 6711 Vr Equal" If in ENGINEERS sole discretion an item of material or equipment proposed by CONTRACTOR is fimctionaty equal to drat named and sufficiently sunilar so that no charge in related Work will be req=4 it may be considered by ENGINEER as an or -equal item in which case review and approval of the proposed item may in ENGINEERs sole discretion, be accomplished without compliance with some a all of the requaemerds for acceptarrce of proposed substitute items 67[2 Subshaireltems IfutENGINEERssole chscrmon an item of mamnal or equipment proposed by CONTRACTOR does not qualify as an original item under subparagraph 6 7 1 1 it will be considered a proposed substitute item CONTRACTOR shall submit suffcrem information as provided below to allow ENG)NEER to dewmme that the item of manrml or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor The procedure for review by the ENGINEER will include the following as "'amented in the , General Requirements and as NGMFR may decide is appropriate under the arcumsmrces Requests for review of proposed substitute items of material a equipment will not 19 accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furmsh a use a substitute item of material m equipment. CONTRACTOR shall font make wntten application to ENGINEER for acceptance thereof, cemlymg that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be sunder in substance to that specified and be suited to the same use as that specified The application will state the extern[ of any to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACI`ORs aduevement of Subslannal Completion on time whether or not acceptance of the substitute for use in the Work will require a charge inany of the Contract Documents (or in the provisions of any other dried contract with OWNER for work on the Project) to adapt the design in the proposed substitute and whether or not incorporation a use of the substrate in connection with the Work is subject to payment of any lcense fee a myalty All variations of the proposed substitute from that speer6ed will be i cd m the apphcation and available mamterns ncc, repair and replacement service will be indicated. The application will also contain an itemized ca nate of all coos or credits that will result daedly a indirectly from acceptance of such substitute, including costs of redesign and claims of otter contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the Prosad suLmtiluk ENGINEER may regiae C0 RACTOR to furnish additional data about the proposed substitute 6 7 13 CONTRACTOR s Expanse All data to be provided by CONTRACTOR in support of any proposed orequal or substrate item will be at CONTRACTORS expense. 672 Substitute Corntiuehm Merhads or Procedures If a sjxccnfic means method technique, sequence or procedure of construction a shown a indicated in and expressly required by the Contract Documents, CONTRACTOR may fumush or hmhn a substitute meats, method technique sequence a procedure of construction acceptable to ENGINEER CONTRACTOR shall submit su87ctent urRamatim to allow ENGINEER, in ENGINEERs sole discretion to determine that the substitute proposed a equivalent to that expressly called for by the Contract Documents The procedure for review by ENGINEER will be similar to that provided in subparagraph 6 7 12 673 Engineer's Evaluation ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant w paragraphs 6 7 12 and 6 7 2 ENGINEER will be the sole judge of acceptability No a 1 or substitute will be ordered, Installed or utdrzed wNout ENCINEERs prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing OWNER may require CONTRACTOR to fumsh at CONTRACTORS expense a special performance guarantee or other surety with respect to any or -equal a substitute ENGINEER will record time required by ENGINEER and ENGINEERS Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6 7 12 and 6 7 2 and in making charges in the Contract Documents (a m the provisions of any other deed contact with OWNII2 for work on the Project) occasioned thereby Whither or net ENGINEER accepts a substitute Item so proposed a submitted by CONTRACTOR CONTRACTOR shall rembume OWNER fa the charges of ENGINEER and ENGINEERs Consultants for evaluating each such proposed substitute item 6.8 Concerning Subcorehaders, Supplien and Nhen 6 8 I CONTRACTOR shall not employ any Subcontractor Supplier or o8ter person m orgaramtion (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6 8 2) whether initially or as a substitute against wham OWNER a ENGINEER may have reasonable objection CONTRACTOR shall not be required to employ any Subcontractor SSti��ppher or other person or orgammuon to furnish a per ohm any of the Work against wham CONTRACTOR has reasonsbhe objection 6.9, CONTRACTOR shall Rafrxm not less than 20 Percent of the Work with Its own Cones (that is without subcontnctula). The 20 ttrcenr rcrnulMent shall be understood to refer to the Work the value of winch totals not less than 20 percent of the Contract Pnce 682 Bnddine Documents requite the idennry of certain Subcommctom Suppliers or other persons or organimbos (including three who are to furnish the principal items of materials or equipment) to be submitted to OWNER in advance a, date prior to the Effective Date of the Agreement Cor accentamet by OWNER and ENGINEER —an" OWNER's or ENGINEERS acceptance (ender in writing a by failing to make written object= thereto by the date indicated for aaeptrmcc or objection in the bidding dommeras or the Contract Documents) of L'IVVIINMA INO acceptance dry VwNCK or ENGINEER of any such Subcontractor Supplier or other person a orgemmuon shall corstaute a waiver of any right of OWNFR or ENGINEER to reject defective Work 691 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and orn coons of the Subcontractors, Suppliers and other persons and organimtions pe mining a fumislung any of the Work under a dues or indeed contract with CONTRACTOR just as CONTRACTOR is responsible fa CONTRACTORs own acts and rmisnons Nothing in the Contract Documents shall creak for the benefit of any such Subcontractor Suppha a other person or agammtan any contractual relationship between OWNER or ENGINEER. and any such Subcontractor Supplier or other person or orgimireton, nor shall it creak any obligation m the part of OWNER a ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor Supplier or other person or arganuation except as may otherwise be required by Laws end Regulations G famish o anv stlbcantracta. su n or o manumtim evidence of amounts paid o CONTRACTOR in accordance with CONTRACTORS Avohcatimsfa Payment ER CGEWERAL COIJDITIONE 19104(19a0 Eau.) 13 w/(3TY OF FOKT�LIM MODIFICATIOM(REV 411000) 692 CONTRACTOR shall be solely respomble fa scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and ajgmaations performing or flarmslurg any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and orgativathorn performing or furrusFmg arty of the Work to commutate with the ENGNEER thrwgh CONTRACTOR 610 The divimas and sccuons of the Spectfa tiom and the dentificmwrn of any Dmwirgs shall not control CONTRACTOR in 'Lung the Work among Subcontractors or Suppliers or delineating the Work to be performed by any spectfic trade 611 All Work peformed for CONTRACTOR by a Subcontractor or Suppher will be pursuant to an appropnate agreement between CONTRACTOR and the Subcontractor a Supplier which specifically buds the Subcontractor or Supplier to the applicable terns and conditions of the Contract Documents fa the bemfd of OWNER and ENGINEER Patent Fees and Ro3+akres 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 mention, design proom product or device which s the subject of patent nghs a copyrights held by others If a particular invention. desgn process, product or device s specified in the Contact Documents fa use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights a copyrights calling for the payment of any license fee or royalty to others, the exstence of such rights shall be dscloeed by OWNER in the Contract Docanents To the Cullen extent permitted by Laws and Regulation.& 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 clams, toss, dosses and damages wising out of or resulting from any mftnugement of patent rights or c iglus indent 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 Documaus I)COF.AW-at, CONDITIOM 191" U MEdaw) 14 Efw/CITY OF FMTCOLUNS MODIFICATIONS ttEV 4n000) Permus 613 Unless otherwtu provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay For all coratructan permits and licenses OWNER shall assist CONTRACTOR, when necessary in obtaining such Permits and licenses CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are apphwble at the toot of opewig of Bids, or if there are no Bids, on the Ellecuve Date of the Agreement CONTRACTOR andl pay all charges of utility owners fa connections to the Work, and OWNER shall pay all charges of such utility owners fir capital costs related thereto such as plant investment fees 6..14, LawsandRepdaaons 6141 CONTRACTOR shall give all notices and amplyy with all Laws amp Regulations apphcablc to Cuiushug mud 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 I aws or Regulations 6 14 2 If CONTRACTOR performs my Work knowug or hay, g reason to know that a s contrary to Laws or RegThos, CONTRACTOR shall bear all clmms, costs, losses and damages caused by arcing out of or resulting therefrom however it shall not be CONTRACTORs prunary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONE RACTORs obligations under paragraph 3 3 2 Taxes 615 CONTRACTOR shall pay all sales, consumer use and other smiler taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project wluch me applicable during the performance of the Work 6151 OWNER is exemit fton Colorado State and local sales and use taxes on materials to be permanently incanomted vuo the protect Said taxes shall rat be tncluded m the Contract Price CONTRACTOR must apply for. and receive. a Cerihficere of Exemition from the —�orado Derimimcnt of Revenue for constructionr 1{ to be physically incorporated into the project This Ccnt6wtion of Exemptrun trovtdes that the CONTRACTOR shall nehihes ear include in his Bid. Sales and Use Taxes on those but -hqldum and wrstructuon matenals. ohvsically aaauorated into die protect Address Colorado Department of Revenue State Camsl Am 1375 Sherman Street Denver. Colorado, 80261 Sales and Use Taxes for the State of Colorado Remanal Transportation District (RTD) and certain Colorado counties are eogected by the Store of Colorado and are included m the Cerhfiwtion oC Exemotim All erohwble Saks and Use faxes finrduduhg State colleted taxes}, on airy items other than comtructon and build= materials physically mom oraled into the maet we to be paid by CONTRACTOR and are to be included an appropriate bid items Use offiemises. 616 CONTRACTOR shall confine constriction equipment, the storage of materials and equipment and the operations of workers to the site and lard and areas identified an and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, ngha of way permits and easements, and shall not unreasonably encumber the premises with construction equipment or other matmals or equipment CONTRACTOR shall assome 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 claim be made by any such owner a aecujant because of the performance of the Work CONTRACTOR shag promptly settle with such other party by negotiation or otherwise resolve the elm by arbitration or other dispute resolution proceeding or at law CONTRACTOR shall to the fullest e tent permitted by Laws and Regulations, uidemmfy and hold harmless OWNER. ENGINEER. ENGINEERS Consultant and anyone duecty or mdrectly employed by any of them from and against all cleans, costs, losses and damages ansing out of a rembig from any clam or action, legal a equitable, brought by any such owner or occupant api st OWNER ENGINEER a any other party indemnified hereunder to the extent caused by or based upon CONTR4CTORs performance of the Work 617 During the progress of the Work CONTRACTOR shag keep the pre inn s Gee from accmnulauons of waste materials. rubbish and other debts resulting from the Work At the compilation of the Work CONTRACTOR shall remove all waste materials, rubbish and debris Gap and about the premses as well as all tools, appha=s, construction equipment and machinery and surplus materials CONTRACTOR shill leave the site clean and ready for occupancy by OWNER at Substanual Cnrnplebon of the Work CONTRACTOR shall restore to original condmon all property not designated for alteration by the Contract Documents, 618 CONTRACTOR shell not lead nor permit arty pan of any structure to be Iwded in airy murmur that will endanger the structure nor slat CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that wall endanger a Record Documents EJCDCOENE] CONDIMONS 1910E(1990 Edum) w/ alTY OF FORT MLLIM MODHICATIOM (MN 4Rapo) 619 CONTRACTOR shall mairam m a safe placeat the site ore record copy of all Drawings, Speci iwuons, Addenda, Written Amendments, Change Orders, Work Change Dreeuves, Fuld Orders and written interpretations aril clanfiwhons (issued pursuant to peragmph94) 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 Dmwmp will be available to ENGINEER for reference Upon completion of the Work and prior to release of final payment, these record documents. Samples and Slop Drawings will be delivered to ENGINEER for OWNER Safety and Protecdwr 620 CONTRACTOR stall be responsible for mnm m& maummime and supervising all safety precautions and programs an 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 6201 all persons onthe Work site orwho may be affected by the Work 6 20 2 all the Work and materials and equipment to be incorporated therein, whether in storage on or olT the site and 6 20 3 other property at the ste or adjacent thereto including trees, shrubs, lawns, walks, pavements, roadways, structures, malates and Underground Nachlities not designated for removal. relocation or nplacemem in the course of construction CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safely of persons or property or to protect them fran damage, injury or loss and shell erect and maintain all necessary safeguards for such safety and protection CONTRACTOR shall nobly owners of adjacent property and of Underrg[cund Facilities and utility owners when prosecmmn of the Work may affect them and shall cooperate with them in the protection, removal relocation and replacement of thew property All damage injury or loss to any property referred to an paragraphs 6 20 2 or 6 20 3 caused directly or indirectly in whole or an park by CONTRACTOR, any Subcontractor Supplier or any other person or osgmttration darectly or indirectly employed by any of then to perform or furnish any of the Work or myow for whose acts an of them may be hable shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the ads or omnsaors of OWNER or ENGINEER or INGINEERs Consultant a anyone employed by any of them or anyone for whose ads any of them may be liable and not attributable, directly or indirectly in whole or an part, to the fault or negligence of CONTRACTOR or any Subcontractor Supplier or other person a organization directly a uduecdv employed by any of them) CONTRACTORs duties and responsibilities for the safety and protecuort of the Work shall continue until such time as all the Work is completed and EJGCNEFR has issued a 15 ATTENDANCE RECORD PRESID CONFERENCE Project 6084 Old Town Square Irrigation Time 10 30 amDate January 24 2008 I_neatlnn Old Tnwn lea Rink PRINT NAME PRINT ADDRESS TELEPHONE FAX # E-MAIL ADDRESS FIRM NAME D fl JE�JJ Ctr4, b4 � 7C.�b (1h�c. L,,-, c J iL Mqf RdWa4- VC-- II)Dq 19 614 - "I Sy god 1 �0 rbbv valf�% Go iY�jUl�lG� Cry 'kr� t L03 � . 4 L �V�hh -� cuccsv�. /�y' 4 Nk L 7 t notice to OWNER and CONTRACTOR in accordance with paragraph 14 13 that the Work a acceptable (except as otherwise expressly provided in oomixuon with Substanual Completion) 6.21 Safety Rgwesenbrm e CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and rasponabilities shall be the prevertam of accidents and the mammatvg and supervising of safety precouttons and programs. Hamrd Commrrmcanan Programs 622 CONTRACTOR shall be responsible for uaordmatug any exchange of material safety data sheets or other hazard canuma catim information required to be made available to or exchanged between or among employers at the site in accordance with laws or Regulations Finergenaes 623 In emergencies affecting the safety or protection of persons or the Wok or property at the sot, or adjacent thereto CONTRACTOR, without special instruction or audionzmon from OWNER or FNGINFER, a obligated to act to prevent threatened damage mlury or loss CONTRACTOR shall give ENGINEER prompt written no= if CONTRACTOR believes that my Significant changes in the Work or variations Goon the Contract Doctiments have been caused thereby If ENGINEER determines that a change in the Contract Documents is required because of the actiontaken 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 DrawwgsandSamplex 6241 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 spectfied in the General Requaemena The data shown on the Shop Drawings will be complete with respect to quantmes, 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 Whited 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 derailied clearly as to materal, Supplier pertinent data such as catalog numbers and the um for which intended and otherwise as ENGINEER may require to arable ENGINEER to review the submittal for the limited 6XDCGENFRN. CONDInOM 19104t (1"o Eon m) 16 W CITY OF FORT COLLI M MODIFICATIONS UUsV 42()M) purposes required by paragaph626 The numbers of each Sample to be submitted will be as specified in the Specifications 6.2R Sabmmtal Prace6ves 6 25 1 Before submitting each Shop Drawing or Sampan le CONTRACTOR shall have determined d verified 62511 all field measurements, quantities, dmensions, speaCied perCoimarce criteriamsafation reyuvements, materials, camlog numbers and sunilar adormaUon xnih respect therein 6 251 2 all materials with respect to intended use fabrication, shipprig handling sinrage assembly and instal treat paaamig to the perfmnance of the Wotk, and 62513 all information relative to CONTRACTORs sole roTorcibibues in respect of means, methods, techniques, sequences and procedures of corainiction and safety precautions and programs incident thereto CONTRACTOR shall also hav, 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 bath submittal will bear a stamp or specific carmen indication that CONTRACTOR has satisfied CONTRACTORs obligations under the Contract Dmmmena with respect to CONTRACTORs review and approval of that submittal 6 25 3 At the time of each submission, CONTRACTOR shall give ENGINEER specific wham notice of such variations, if any that the Shop Drawing or Sample submitted may have from the regoremems of the Contract Documents, such notice to be in a written communication separate from the subnittal and, in addinot shag cause a speafic rotation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 626 ENGINEER will review and approve Shop Dmwugs and Samples at accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by pawgaph 2 9 ENGINEERS review and approval will be only to determine tithe items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEERS review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular mean,;, method, technique sequeriee in procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions a 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 raisin the required number of connected copies of Shop Drawings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attemron in writing to rerisiots other than the correchore called fee by ENGINEER on previous submittals. 627 ENGINEERS review and approval of 8hap Drawings or Samples shall notreheve CONTRACTOR from responsibility for any venation from the TeWrements of the Contract Documents unless CONTRACTOR has in writing called ENGINEERS attention to each such vanatiat at the time of submission as required by paragraph 6253 and ENGINEER has given written approval of each such vananon by a specific written notation thereof incorporated in or accompanying the Slap Drawing or Sample approval time will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6 25 1 628 Where a Shop Thawing a Sample its required by the ( ontraa Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph29 any related Work performed pna to EN(rINEERs renew and approval of the pertme nt suhmnml will be at the sole expense and responsibility of CONTRA(TOR Confining the Werh 629 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of any disputes or dnsogreemems, except as permitted by paragraph 15 5 or as OWNER and CONTRACTOR may otherwise agree in writing 630. CONTRACTORS Generut Warranty and Gtwreiatee 6 30 1 CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINITRs Consultants that all Work will be in accordance with the Conrad Documents and will not be defective CONTRACTORS warranty and guarantee hereunder excludes defects or damage caused by 63011 abuse, modification or improper maintenance a operation by persons other than CONTRACTOR Subcontractors or Supphers, or 63012 normal wear and tear under normal usage 6302 CONTRACTORS obhgation to perform and complete the Work in accordance with the Contract Documents shall be absolute None of the following will consntute an acceptance of Work that is not in LKI)C OEI4ERAL CO1,CD[M ON31910-8 (1990 Edam) w/ QTY OF FORT OOL11Na MODIFICATIONS (REV 42000) accordance with the Contract Documents or a release of CONTRACTORs obligation to perform the Work in accordance with the Contract Documents 63021 observatiorsby ENGINEER. 63022 recommendation of any progress or final payment by ENGINEER 63023 the tamince 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 pan thereof by OWNER 63025 any acceptance by OWNER or any fidure to do so 63026 any review and approval of a Shop [hawing 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 Indemarfemhon 631 To the fullest edem permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER ENGEdEERs Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and agaust all clamis, costs, losses and damages (mcludug but not limited to all fees and charges of ergueers, arclutects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by ansug out of or resulting from the performance of the Work provided that any such clan cost, loss or damage (i) is atmbutable to boddy injury sickness disease or death or to injury to or destruction of tangible pr elly (other than the Work itself) including the loss of use resulting therefran and (it) a caused in whole or in part by any negligent act or omsaon of CONTRACTOR any Subcontractor any Suppler any person m oigma;tabort directly or indirectly employed by any of them to perform or fumsh my of the Work or anyone fin 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 indemmfied hereunder or whether labrhty is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity 632 In arty and all clamps age= OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or =ploy= by my employee (or the survivor or personal rcjresentative of such employee) of CONTRACTOR any Subcontractor any Supplier any person or orgammbon directly or indirectly employed by 17 any of them to part= or funsh any of the Work or anyone for wit= acts any of them may be liable the indemnification obbption under paragraph631 shall not be limited in any way by any limitation on the amount or type of damages, canpervartmn or benefits payable by or fa CONTRACTOR or my such Subcontractor Supplier or Other person or orpruration under worker' compensation acts, disability berofit acts or other employee benefit acts 633 The mdemnification obligations of CONTRACTOR ender pamgaph 631 shall not extend to the liability of ENGINEER and ENGINEER a Consultants, officers, directors, employees or appnis caused by the professorial negligence, errors or moamons of any of them SIV14=1 ofObkgaftMS. 634 All representations, indemnifications, warranties and guarantees made tit required by or given in acaxdarim with the Contract Documents, as well m all wrtmumg obligations indicated in the Contrail Documents, will Survive final payment, mmplenon and acceptance of the Work and wimmrationorcompletion of the Agreement ARTICLF 7—OTHER WORK Retested Wok at Sire. 71 OWNER may perform other work related to the project at the sit by OWNERS own faces, or let other direct contracts therefor which shall contain General Conditions simdar to then, or hav, other work performed by utility owners, If the fact that such other wok is to be performed was not noted in the Contract Documents, then (i) written notice thereof will be given to CONTRACTOR prior to smrUM are Such other work and (u) CONTRACTOR may make a clams therefor as provided in Articles 1 I end 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree air to the amount or extent thereof 72 CONTRACTOR shag afford each other contractor who is a parry to such a dues contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNERS employees) proper and safe =am to the site and a reasonable opportunity fa the introduction and storage of materials and equipment and the execution of such other work and shall prouerly con ect and coordinate the Work with theirs nlea otherwise provided in the Contract Docimrrns. CONTRACTOR shah do all cutting, fitting and patching of the Work that may be required to make its Several pans cone together properly and integrate with Such other work CONTRACTOR Shell not cndmtger arty work of others by cuum& escavatmg or otherwise altering them work and will only cut Or alto them work with the written consent of ENGINEER and the others whose work will be affected The dunes and responsibilities of CONTRACTOR under thus paragraph we for the benefit of Such today owners and other contractor; to the extent that there are comparable is rMDCOENFRAL CONDinom 191" oq9 BMrm) w!CITY OF FORT ] Nor MODIFICATION« OLEV 4n()M) provisions for the benefit of CONTRACTOR in aid direct contracts between OWNER and such utility owners and other contractors 73 If the proper execution or results of any pan of CONTRACTORS Work depends upon work performed by others under this Article 7 CONTRACTOR shall inspect such other work and pprromptly report to ENGINEER m wntmg arty delay; defectsordefici rerwres in such other wok that render it uavadable a 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 ateValton with CONTRACTORS Work except for latent a norapparent defects and defoencies in such other work (,00rdnanon 74 If OWNER contracts with others fa the performance of other work on the Project at the site the following will be set forth in Supplementary Conditions 741 the person, firm or corporation who wdl have authority and respomrMhty for coordination of the aWvnies among the various prime contractors will be Identified, 742 the specific matters to be covered by such authority and responsibday will be itemtaed and 743 the extent of Such authority and resporimbmhmeswill be provided Unless otherwise provided in the Supplememary Conditions, OWNER shall have Sole authorty and responsibility in respect of Such coorduatnon ARTICLE 9—OWNER S 8 l Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER 82 In case of termuation of the employment of ENGINEER, OWNER shah appoint an engineer agamm whose status under the Contract Documents shall be that of the former ENGINEER 85 OWNER shall fummsh the data required of OWNER under the Comae Docuicns promptly and shall make payments to CONTRACTOR promptly when they we due as provided in paragraphs 14 4 and 14 13 84 OWNERS duties in respect of prwrdmg lands and easements end providing engmcermg surveys to establish reference points we set faith m paregra 4 1 and 44 Paagraph42 refers to OWNERS identifying and making available to CONTRACIOR copies of reports of explorstiona and bests of subsurface ccrdmons at the site and drawings of physical conditions in existing structures at or contiguous to the site then have been utilized by ENGINEER in preparing the Contract Documents 86 OWNER a obligated to execute Change Orders as indicated in paragraph 10 4 87 OWNER s responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13 4 88 In connection with OWNERs nght to stop Work or suspend Work see paragraphs 1310 and 151 Paragraph 152 desk with OWNERS right to tamaate services of CONTRACTOR under certain eaeumamoce 89 The OWNER shall not supervise direct or have control or authority over nor be responsible fa CONTRACTORS means, methods, techniques, sequences or procedures of construction or the safety precautions and programs mordent thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of the Work OWNER will not be responsible for CONTRACTORS failun, to perfalm or fimsh the Work in accordance with the Contract Documents ARTICLE 9—ENGINEERS STATUS DURINC CONSTRUCTION OWNER s Representative 91 ENGINEER will be OWNERS representative chug to cmatricin Pend The duties and resporsrhhties and the Imitations of amhonty of ENGINEER as OWNERS representative dunng construction are tit forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER I'Mis to Sue o 2 ENGINEER will make visits to the site at utervah a Pr ate to the various stages of construction as ENGINEER deems nxessary in order to observe as an experienced and qualified design pmfemuraal the progresq hr rlErygtAy CQNDITlOM 29104 UM Ednm) wl CITY OF FORTC1 UIM MMMICAMM (REV CROW) thin has been made and the quality of the various aspects of CONTRACTORS executed Work Baal on eirfamatuon obtained during such visas and observations, ENGINEER will endeavor for the benefit of OWNER to dettimm in general if the Work a proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or commumis on. site inspections to check the quality a 4uanhry 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 Docaments On the basis of such visits and on, sue observations, ENGINEER wall keep OWNER informed of the progress of the Weak and wilt endeavor to guard OWNER against defective Work ENGWEERs visits and otrste obe attom are subject to all the hunrattas on ENGINEERs authority and respnssdxility set forth in paragraph 913 and particularly but without hmtation, during a as a remit of FNGINEERs onsitc visits or observations of CONTRAGTORs Work ENGINEER wdl not supervise, direct, control a have authority over or be responsuble for CONTRACTOR& means, methods techniques, sequences or procedures of construction, or the safety precautions and programs mordent thereto or fir any failure of CONTRACTOR to oonQl with Laws and Regulations applicable to the ng or performance of Ute Work Prgett Represeveakve 93 If OWNER and ENGINEER agree bNGTNEER will furiush a Resident project Representative to asiust ENGINEER in providing more continuous observation of the Work The respormMhnes and authority and limitations thereon of any such Resident Project Representatime and assistants will be as provided m paragraphs 93 and 913 mad - -ink Genditias of then General Conditions If OWNER as another representative or agent to represent O at the site who s not ENGINEERs Consultant agent or employee, the resporisabihties and authority and limitations; therein of such other person will be as Provided m narnaanh 9 3 931 The Reoresentahves d-1— — matters rieramuat to the smite work will m g 111 be with the ENGINEER aW CONTRACTOR But, the Reoregenatrve will keen the OWNER moterly advised about such matters The Reoresenahves dealtma wan mhwurtracto s will ails be ihrputh a Wgh the full kmwldaeatd ar roval of the XMICITI —011 9 3 2 Duua and Respormb litres Reasenatrve veil 9321 Schedukg Review the nro••ss 19 e. and other schedules Preoared by the CONTRACTOR and consul - month the ENGINEER cotn:ernma acoernabdtty 93.2.2 Conferences and Martina Attend meeurla with the CONTRACTOR such as preconslruchon conferences. Progress me e= and otter lob w*retxss and mepare and arculate copies of mmutes of meetings 9323 Ltalson 93231 Serve as ENGMERS halson wdh CONTRACTOR wakens crtrxtrety throtlzh CONTRACTOR'S supmntendem to asset the CONTRACTOR m undernandm¢ the Contract Documents 9 r2la1 ilmmpc firm OWNER obformanolt when remured. for Prover execution of the Work 932.3.3 Advise the ENUMER and CONTRACTOR of the commencement of airy Work regomnp Shop Dh a awmg or =;!Illple �Inatm`m if the aben -ion has not been aptroved 6v the ENGINEER 9 3 2 4.Reviev of Work- ftcMg 4 DdeMy-e 6Vak, mpectwc and Tests 93241 Conduct or•site observabcros of m determlmnQ the Work Is aoceedmgin accordance with the Contract Documems 9 3 2 4 3 Accomranv vIs tma insveclom reMMmmg VUbILc or other agencies havMP tunsdtcUon over Rmect, -record the results oC txse a�soechora and report to the INGINEER 9325 _—kme�etaylon_ of Contract DoamiWAS Report to ENGINEER when elarlficallons and ode etatm of the Contract Documents are needed and trmssmit to CONT ACTOR ro.,fioa ion end mL• oC the Contract. Ibcmoents as ssalesl by the U 1N aal 9326 Mcdifiwtlons Gonsder and evaluate CONTRACTORS so¢ashons for EJCOCOENFAAt CON0nOM 19104t UME6am) 20 w/CITYOFrORTWUINSMMMCAnONSttEV4nO W) modification m Dmwmas or boectficattons and reoorl These recommera6Uorrs to INGINEER Accurately transvllt to CONTRACTOR declstons Issued by tie ENGINEER 9 3 2 7 Records. 9;s_8_ Rswm 93.2_.8,I Fl�m+sh INGINEER p1e jQdrF reports as removed- of the progress of the ork d andof the CONTRACTORS comohence wdh the orovess schedule and schedule of shop Dmwma and sale submltmks 9.3 212 Capin aath INGINEER m advance of whedulme maim tests MSPWIorts or slant of Imoortam obases of the Work 93283 Draft d Change Orders and Wor D¢ecuve Chartres ohtam¢Ig backup material from the CONTRACTOR anal recmnmend to ENGINEER e Ordem Work D¢ccuve Chatters end fie d ceders 93284 Re rmmeduuel to ENGINEER an OWNER to ccn¢ratoe of my accidem -- 9329 Payment Reauesta Review aoohcauons for era wath CONTRACTOR for eomphance mot_ the estabhshed procedure for their submwion and forward with recommendation m ENGINEER notlna oerticulerly the relationship of the enl essled m ft schedule of val work completed and mateuls aides anent dehvered at the ate but not mcomorated m the Work 9 3 2 10 Complgt 932101 Before INGINEER issues a Certificate of Substantial Canpletion submit m C�RACTOR a list of observed tans recummit correction or comnletmn 932102 Conduct final marection in the company of the ENGINEER OWNER and CONTRACTOR and prepare a final lot of toms to be carecfed or completed. 932103 Observe that all items ai the final list have been corrected or mmpleted and make raunrin tios to ENGINEER concerning acceptance 933 Lumtation of Authority The Representative shall not 9331 Audtorae any devatoin from the Contract Ihomnens err accept any substnutc materials or enumment unk&s authorized by the ENGINEER 9332 Exceed limitations of FNGINEERS �T77is�ilF7dTilifi. saj �L�)iyy_o i� i a .:c r t-u -, • u 9 3 3 4. Advise ore or issue direction relative to. or assume control over any aspect of the means, metloda, techrumies. sequences_ a pypcedures Cor conswction unless such a WKii_eally called fa m the Contact Iocuments 9335 Advise on or issue directions reyrfd_g a assume control[ safety precautions aid programs Rcomixtions with the Work 9336 Aece9 Shop DrawmP or sample Submittals k; 811yotle other than the CONTRACTOR 9337 Authorize OWNER to occupy the Work m whole or in part 9338 Participele in specialized field or lebaatory tests or utmechos conducted by others sixes MN authorized by the L`l,ft *V"l Clienfmarrons and Intapremhous 94 ENGINEER will issue with reasonable prompmess such written clenfications or interpretations of the BJMCG� CONDIMOM 19104(1990 EdU ) w/mlY OF FOETOOUINS MOOtFI rl()M MN 4/2eap) requirements of the Contract Document (m the form of Drawings a otherwise) as ENGINEER may determine necessary whtdt shall be cormsknt with die intent of and reasonably mferable from the Contract Documents Duch written clanficauots anal interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification a mtmpretation justifies an adjustment in the Contract Price a the Contract Tames and the parties are unable to agree to the amount or extent thereo(d array OWNER a CONTRACTOR may make a written clam, therefor as provided in Article I I or Article 12 Aurhonzed l anahons ru Work 95 ENGINEER may authonm minor variations in the Work from the requirements of the Contract Documents which do not involve an adlustinem in the Contract Price a the Contract Tunes and we compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents These maybe accomplished by a Field Order and will be bulling on OWNER and also on CONTRACTOR who shall perform the Work involved promptly If OWNER orCONTRACTOR believes that a Field Orderjustifies an adjustment to the Contract Proc or the Contract Times and the parties are unable to agree as to the amomt m e#eon thereof OWNER a CONTRACTOR may make a written clan therefor as provided in Article I I or 12 Rejecting Defective Work 96 ENGINFFR will have authority to dtvpprove a reject Work which ENGINEER behevea to fie defective or that ENGINEER believes will not produce a completed Prgea that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a furicuma g whole as indicated by the Cori razt Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 139 whether a not the Work is Fabricated installed or completed Shop Drawings Change OrdersandPajiuesin 97 In connection with ENGINEERS authority as to Shop Drawings and Samples, we paragraphs 6 24 through 6 28 anlusive 98 In connection with ENGINEER& authority as to Change Orders, see ANcles 10 11 end 12 99 In connection with ENGINEERS authority as to Applications for Payment we Article 14 Deternumadousfor Unit Plrom 9 10 ENGINEER will determine the actual quantifies and classifications of Umt Price Week performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEERs preliminary dekrmirations on such matters before rendering a written decision thereon (tan recommendation of an Application for Payment or otherwise) ENGINEERS written decision thereon will be foal 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 nonce of mtewon m a al front ENGWEERs decisionand (n) an appeal from ENGINEERS decision rs taken within the tune Worts and in =ads= with the procedures set forth In Exhibit GC A. Dispute Resolution Agreement entered no between OWNER will CONTRACTOR pursuant to Article 16 or (n) if no such Dispute Resolution Agreement has been entered into, a formal prooredmg its instituted by the appealing party in a forum of competent jurisdiction to oxercue such rights or remedles as the appealing party may have with respect to ENGINEER decision, unless oherwue ap�ee� in writing by OWNER and CONTRACTOR Such appeal will not be subject to the prose iacs of paragraph 9 11 Deaconsm Digxotu 911 ENGINEER will be the mural Interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Cimm% disputes and other mattes relating to the aceeptabdity, of the Wok or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims order Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initial to ENGINEER inwriting with a request for a formal decunon in accordance with this paragraph Written notice of each such claim dispute or other matter will be delivered by the claimant to INGWEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rue thereto, and written supporting dam will be submitted to ENGINEER and the other party union sixty days after the start of such occurrence or event unless 124GINEER. allows an additional period of time for the submission of additional or more aoaurate data in support of such claim dispute or other matter The opposing party shall submit any response to ENGINEER and the clamant within thirty days after receipt of the claimants last submittal (unless ENGINEER allows additioal time) ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party s submittal, of any in accordance with this paragraph ENGINEERS written decision on such claun dispute or other matter will be liral and boding upon OWNER and CONTRACTOR unless (1) an appeal from ENGINEERS decision is taken within the true limits and in accordance with the Wures set forth n EXHIBIT GC A. Dispute tionAgreanent entered into between OWNER and CONTRACTOR pursuant to Article 16 or (n) of no such Dispute Resolution Agreement has been entered into a written notice of microm to appeal from ENGINEERS written decision its delivered by OWNER or CONTRACTOR to the other and to ENGINEER wihin dirty days after the date of such decision and a formal praceedmg n mmanded by the appealing party or a forum of competent jurisdiction to exercise such rights or remedies as the appealing parry may have with respect to such cairn dispute or other matter in accordance with applicable Laws and Regulations within softy, days of the date of such HJCDCOh'IaRAL CONp]70+'319IeF n9901i6n m) 22 wlQTY OFFORT GULW Na MODIFICA710Na IXEV JRaOa) decunom unless othetwtae agreed in writing by OWNER and CONTRACTOR 9 l2 When f vich<aung as interpreter and judge under peregrephs 910 and 911 ENGINEER will not show ={artIcy to OWNER or CONTRACTOR and will not be baba in cmnecum with any interpretation or decision rendered in good faith in such capacity The rendering of a decision by ENGINEER pursuant to paragraphs 9 to or 911 with respect to my such clam dispute or other matter (except any which have been waived by the making or acceptance of rust payment as provided in paragraph 1415) will be a condition a predem to any exarcua by OWNER or CONTRACTOR of such rights or remedies as either may othermse have under the Contract Documents or by Laws or Regulations to respect of any such clan dispute or other matter-pupstam"9A.Aide46 913 Lrrratmies err LWINEERa 4arhonty and Rerponal5thnea 9131 Neither ENGINEERS authority or resporenbdltyty under this Article 9 or wrier any other provision oft6e Contract Documents nor any decision made by ENGINEER in good faith either to exercnw m no exercise such authority or responsibility or the undertaking, exorcise or performance of any authority or responsibility, by ENGINEER shall create, impose or give nse to arty duty owed by ENGINEER to CONTRACTOR arty Subcontractor any Supplier any other person or orgommuon, or to any surety for or employee or ages of any of then 9132 ENGINEER will nor supervise direct, control or have authority over or be responsible for CONTRACTORS meanm methods, techniqum 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 furmshug or performance of the Work ENGINEER will not be responsible for CONTRACTORS failure to perform a funush the Work in accordance with the Contract Documents 9 13 3 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of arty Subcontractor any Supplier or of any other person a organuution performing or furnishing any of the Work 9134 ENGINEERs rev" of the final Application for Payment and accnnparrynng documentation and all manaar ce and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 1412 will only be to determine generally that them content complies with the rccpmements of and in the caw of certificates of inspections. tests and approvals that the results cein&ed indicate eomplimix: with the Contract Documents 9 13 5 The limitation upon authority and resWitublhty set forth in this paragraph 913 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 surely OWNER may at arry time or from time to tune, order additions deletions or revisions in the Work Such sddmots, deletions or revisions; will be suthon mil by a Written Amendment, a Charge Order or a Work Charge Directive Upon receipt of any such document, CONTRACTOR shall promptly proceed with die Work involved which will be performed under the applicable conditions of the Contact Documents (except as otherwise specifically provided) 102 If OWNER and CONTRACTOR arc unable to agree as to the extern, if any of an adjustment in the Contract Price or an adiustment of the Contract Tunes that should be allowed ss a result of a Wok Charge Directive a claim may be made therefor as provided in Article 11 or Article 12 103 CONTRACTOR shall riot be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to arty Work performed that is not required by the Contract Documents as amended, modified and suppl,mented as provided in paragraphs 3 5 and 3 6 except in the case of an emergercv as provided in paragraph 6 23 or in the case of uncovering Work as provided in paragraph 13 9 104 OWNER and CONTRACTOR shall xecule appropriate Change Orders recommended by ENGINEER (car Written Amendments) covering 1041 changes in the Work which are (r) ordered by OWNER pursuant to paragraph 10 1 (u)mquaed because of acceptance of defective Work under paragraph 1313 a correcting defectaa Work under paragraph 13 14 or IQ agreed to by the parties 1042 changes in the Conrad Price or Contract Times which are agreed to by the parhes and 1043 changes in the Contract Price a Contract Tunes which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9 11 provided that in heu 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 shell carry on the Work and ere to the progress schedule w provided in paragraph 6 29 10 5 If notice of any change affecting the general scope of the Work a the provisions of the Contract Documents (including. but not limited to. Contract Pn,e or Contract Tunes) is required by the provisions of any Bond to be given to a surety the giver of any such nonce will be CONTRACTORS responubdrty and the amount of each applicable Baud will be adjusted accordingly ARTICLE 11—CHANGE OF CONTRACT PRICE III The Contract Price camanutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work All dunes, responsibilities and obligations ass d to or undertaken by CONTRACTOR sha0 be at CONTRACTOR s expense without change in the Contract Price 112 The Contract Price may only be changed by a Change Order or by a Written Amendment Arty clan for an adjustment in the Contract Price shall be baud on written noire delivered by the parry making the clan to the other parry and to ENGINEER promptly (but in no event later than thirty days) after the we of the occurrence or event giving rise to the clam and statug the general nature of the cairn Notice of the amount of the darn with supporting data shall be delivered within sixty days after the start of such ocurresim or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the cairn) and shell be accompanied by claimants written statement that the adjrssunent claimed covers all known amounts to which the claimant is entitled as a result of surd occurrence or evmL All clams for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph9ll rf OWNER and CONTRACTOR cannot otherwix agree on the amount involved No clan for an adjustment in the Contract Pnce will be valid if not su6rrrided an accordance with this paragraph 112 113 The value of any Work covered by a Change Omer or of am claim for an adijustmed in the Contract Price will be determined as follows 11 3 1 whae the Work involved u covered by taut pnas contained in the Contract Documems, by application of such unit prices to the quainitus of the gems involved (subject to the provisions of EICDC OliNERAL CONDITIOM 1910�8 (1990 Hat m) 23 w/CITY OF FORT COLLINS MOD6a CATIONS (REV 4/2M) paragraphs 119 1 through 119 3 mclusive) 1132 where the Work involved is not covered by unit prices caimmed in the Contract Documents, by a mutually agreed payment base, mcludmg lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 116 2) 113 3 where the Work involved a net covered by unit prices contaued in the Contract Documents and agreement to a lump sum is not reached under paragraph 113 2 on the basis of the Cost of the Work (detemsmed as provided in paragraphs 114 and I1 5) plus a CONTRACTORS fee for overhead and profit (determined as provided in paragraph 11 6) Cost ofthe Work 114 The term Cost of the Work means the sum of all costs necessarily incurred and pad by CONTRACTOR in the proper performance of the Work Except as otherwise may be agreed to in wring by OWNER, such costs shall be in amounts no higher than those prevailing in the lomlity of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 115 1141 Payroll taus for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job clarifications agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation superintendents, foremen and other personnel employed fidl time at the site Payroll costs for employees not employed full -tune on the Work shall be apportioned on the basis of them Lane spent on the Work Payroll costs shell but net be lunged tern salanes and wages plus foe cost of fruige benefits which shall include social security contributions, unemployment, excise and payroll taxes, wodere compensation; hcdth maFreWement benefiisrbaneeek 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 114 2 Coal of all materials and equipment furnished and incorporated in the Work meludmg costs of uanspormtnm and storage thereof and Suppliers field services timed incomecuon therewith All cash disemints shall accrue to CONTRACTOR unless OWNER deposits (cods 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 safe of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 1143 Payments made by CONTRACTOR to the Subcontractors for Work performed or fti ished by Subcontractors If requmnd by OWNER 24 VJ CGENERALC MMOM 19104(IME6om) wf QTY OF FORT MLU Mi MMIFICA"noNS (REV 4 a0M) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER, which bids, if any will be accepted If any subcontract provides that the Subcontractor is to be paid on the bast of Cost of the Work pplus 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 fce as provin paragraphs 11 4 115 116 and 11ided T All subcontracts shall be subject to the other provisions of the Contract Documents msofar as applicable 1144 Costs of special consultants (including but net limited to engineers, arcmlmts, testing laboratories, suiveyors, attorneys and accouitetds) employed for services specifically related to the W 1145 Supplemental costs including the following 11451 The proportion of necessary transportation. novel and subsistence expenses of CONDRACTORs employees incurred in discharge of duties connected with the Work 11452 Cask including manspwtalion and maintenance of all matermts, supplies equipment, machinery appliances, office and temporary facilities at the site and hand tools not owned by the workers, which arc consumed in the performance of the Work and cost less market value of such items used but not cormrmed which remain the property of CONTRACTOR 11453 Rentals of all c nsbucu m equipment and machinery and the parts thereof whether rooted from CONTRACTOR a others in accordance with remal agreements approved by OWNER with the advice of ENGINEER and the casts of transportation loading unloading installation dismauthrg and removal thereof- ll in accordance with terms of said rental agreements The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary lox the Work 11454 Saks, consumer use or snmllar 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 CONTRACTOR any Subcontractor or anyone directly or indirectly emplq ed by any of them or for whose acts any o[ than cosy be hable and royalty payments and fors for parrots and hcenses. 11456 Losses and damages (and related expenses) caused by damage to the Work, not comparsated by insurance or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except loses and damages within the deductible amounts cf perty isuramec established by OWNER m aaordence with paragraph 59), provided they have resulted from causes other than the redtaence of CONTRACTOR, arty Su cta m anyone directly or mdieetly employed any of them or for whose acts any of them may liable Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and en\Tcrues shall be included in the Cost of the Work for the purpose of detammmg CONTRACTORS fee IC however any such loss Or damage requires reconstruction and CONTRACTOR is placed in charge thereof CONTRACTOR shall be paid fa sevlces a fee proportionate to that scared in paragraph 116 2 11457 The cost of uthum fuel and sanitary facdmes at die site 11458 Mmor expenses such m 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 msumme required because of changes in the Wok 115 The tens Cost of the Work shall not include any of the following 1151 payroll costs and other compenssnon of CONTRACTORS officersexecutives, principals (of partnership and sole proprmeaxxhnps) general managers, engineers, ardutects. esrumators, attorneys, auditors, aosountarns, purchasing and contracting agents, expediters, timekeepers, clerks end other personnel employed by CONTRACTOR whether at the site or in CONTRACTORs principal a a branch office Car general adintmstration of the Work and not spectfically included in the agreed upon schedule of 10 classifications referred to in paragraph 11 4 1 or specifically covered byy paragraph 114 4—all of which are to be considered administrative costs covered by the CONTRACfORs fee 1152 Expenses of CONTRACTORS principal and branch offices other than CONTRACTORs office at the site 1153 Any part of CONTRACTORIs capital expenses, including interest on CONTRACTORS capital employed fer the Work aid charges against CONTRACTOR for delinquent payments 115 4 Cost of premiums for all Bonds and fa all insurance whether or not CONTRACTOR a required by the Contract Documents topurchase and maintain the same (except fa the cast of premiums covered by subparagraph 114 5 9 above) 1155 Casts due to the negligence of CONTRACTOR any Subcontractor a anyone directly or indirectly employed by any of than m for whose acts any of them may be liable including but not limited to the correction of defective Work diTosal of matmals or equipment wrongly supplied am making good any damage to property I1I l 566 Other overhead a general expense casts of any kid and the costs of any item not specifically and expressly included in paragraph It 4 116 The CONTRACTORS fee allowed to CONTRACTOR fa overhead and profit shall be determined as follows 116 1 a mutually acceptable fixed leer or 11 62 if a fixed fee is not agreed upon, then a fee based on the followmg percentages of the vanous portions of the Cost of the Work 116 21 for costs recurred under paragraphs 1141 and 1142 the CONTRACTOR s fce shall be fifteen percent 11622 for costs tncurred under paragraph 114 3 the CONTRACTORs fee shall be Svc percent 11623 where ore or ram tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11 4 1 114 2, 114 3 and 1162 is that the Subcontractor who actually performs or furnishes the Work at whatever ter will be paid a fee of fifteen percent of the ecets incurred by such Subcontractor under paragraphs 11 4 1 and 1142 and that any hi her Subcontractor and CONTRACTOR w11I each be paid a foe€-five-pereoMof-the-nmeunt-pad to to be negotiated tit good faith wtthglgQWN�but trot to exceed five percent of the amount paid to the next lower I& aulnontraaa 11624 no fee shall be payable on the basis of cons Itemized under paragaphs 114 4 114 5 and I1 5 11625 the amount of credit to be allowed by CONTRACTOR to OWNER for any clan¢e which results m a net decrease m cost well be the amount of the actual act decrease in cast plus a deduction in CONTRACTORS fee by an amount equal to five percent of such net decrease and 11626 when both addnttoru and credits are involved in arty ore �t,bar the adjustment m CONTRACTORS fee shelf be computed on the basis of the riot charge in accadace with paragraphs l l 621 through 11625 inclusive 117 Whenever the cost of arty Work is to be E0CDCOENMA1, CO1m1TTOM 19104 (1990E3am) 25 w/ QTY OF FORT COLLIMMODIFICATIONS (REV 442M)