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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - CONTRACT - BID - 6046 CONCRETE MAINTENANCE PROJECTSPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONCRETE MAINTENANCE PROJECT RENEWAL OF BID NO 6046 City of Fort Collins MARCH 2O08 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 4Consent of Surety 7 2 5 Application for Exemption Certificate 7 2 6Application for Payment 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows N/A The Contract Drawings shall be stamped "Final for Construction" and dated Any revisions made shall be clearly identified and dated 7 4 Addenda Numbers 1 to 1, inclusive 7 5 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3 5 and 3 6 of the General Conditions 7 6 There are no Contract Documents other than those listed or incorporated by reference in this Article 7 The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3 5 and 3 6 of the General Conditions ARTICLE 8 MISCELLANEOUS 8 1 Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions 8 2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document 8 3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, 7/96 Section 00300 Page 5 SECTION 01310 SCHEDULES 11 GENERAL A The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre construction conference This schedule will show how the contractor intends to meet the milestones set forth 1 No work is to begin at the site until Owners acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials 12 FORMAT AND SUBMISSIONS A Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress B Submit two copies of each schedule to Owner for review I Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others C The schedule must show how the street landscaping and various utility work will be coordinated 13 CONTENT A Construction Progress Schedule 1 Show the complete work sequence of construction by activity and location 2 Show changes to traffic control 3 Show project milestones B Report of delivery of equipment and materials Show delivery status of critical and major items of equipment and materials Include a schedule which includes the critical path for Shop Drawings tests and other submittal requirements for equipment and materials reference Section 01340 14 PROGRESS REVISIONS A Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen when requested by Owner or Engineer and with each application for progress payment B Show changes occurring since previous submission 1 Actual progress of each item to date 2 Revised projections of progress and completion C Provide a narrative report as needed to define 1 Anticipated problems recommended actions and their effects on the schedule 2 The effect of changes on schedules of others General Requirements Page 5 of 17 15 OWNERS RESPONSIBILITY A Owners review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project B It is not to be construed as relieving Contractor from any responsibility to determine the means methods techniques sequences and procedures of construction as provided in the General Conditions END OF SECTION General Requirements Page 6 of 17 SECTION 01330 SURVEY DATA 11 SURVEY REQUIREMENTS A The Owner will provide the construction surveying for the street and landscaping improvements City Survey Crews will perform the surveying required B The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needme survevme C If the requested surveying cannot be accomplished in the time frame requested by the Contractor the survey personnel shall notify the Contractor with the date on which the requested work will be completed D Should a sudden change in the Contractor s operations or schedule require the survey personnel to work overtime the Contractor shall pay the additional overtime expense E The Contractor shall protect all survey monuments and construction stakes If it is unavoidable to remove a survey monument or construction stakes the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated The Contractor will be responsible for the cost of re staking construction stakes and for the cost of re establishing a destroyed monument F The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines drainage ways pavements inlets walls and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner END OF SECTION Genen it Requirements Page 7 of 17 SECTION 01340 SHOP DRAWINGS 11 GENERAL A Submit Shop Drawings Samples and other submittals as required by individual specification sections 1 Engineer will not accept Shop Drawings or other submittals from anyone but Contractor B Schedule Reference Section 01310 Construction Schedules Submittals received by Engmeerpnor to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule C Any need for more than one re submission or any other delay in obtaining Engineer s review of submittals will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled subauttal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineers timely review Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price D Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication E Do not use materials or equipment for which Shop Drawings or samples are required until such submittals stamped by Contractor and properly marked by Engineer are at the site and available to workmen F Do not use Shop Drawings which do not bear Engineer s mark NO EXCEPTION TAKEN in the performance of the Work Review status designations listed on Engineers submittal review stamp are defined as follows I NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept complies with the information given in the Contract Documents and is acceptable for incorporation in the Work Contractor is to proceed with fabrication or procurement of the items and with related work Copies of the submittal are to be transmitted for final distribution 2 REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineers notations Contractor is to proceed with the Work in accordance with Engineers notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal 3 REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work Contractor is to submit submittals responsive to the Contract Documents General Requirements Page 8 of 17 4 FOR REFERENCE ONLY Signifies submittals which are for supplementary information only pamphlets general information sheets catalog cuts standard sheets bulletins and similar data all of which are useful to Engineer or Owner in design operation or maintenance but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents Engineer reviews such submittals for general information but not for substance 1 2 SHOP DRAWINGS A Include the following information as required to define each item proposed to be furnished Detailed installation drawings showing foundation details and clearances required for construction Relation to adjacent or critical features of the Work or materials Field dimensions clearly identified as such Applicable standards such as ASTM or Federal Specification numbers Drawings catalogs or parts thereof manufacturers specifications and data instructions performance characteristics and capacities and other information specified or necessary a For Engineer to determine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents b For the proper erection installation and maintenance of the materials and equipment which Engineer will review for general information but not for substance c For Engineer to determine what supports anchorages structural details connections and services are required for materials and equipment and the effect on contiguous or related structures materials and equipment Complete dimensions clearances required design criteria materials of construction and the like to enable Engineer to review the information effectively B Manufacturers standard drawings schematics and diagrams 1 Delete information not applicable to the Work 2 Supplement standard information to provide information specifically applicable to the Work C Format Present in a clear and thorough manner Minimum sheet size 8 Y: x 11 Clearly mark each copy to identify pertinent products and models Individually annotate standard drawings which are furnished cross out items that do not apply describe exactly which parts of the drawing apply to the equipment being furnished Individually annotate catalog sheets to identify applicable items Reproduction or copies of portions of Contract Documents a Not acceptable as complete fabrication or erection drawings b Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings Clearly identify the following a Date of submission b Project title and number c Names of Contractor Supplier and Manufacturer d Specification section number specification article number for which items apply intended use of item in the work and equipment designation e Identify details by reference to sheet detail schedule or room numbers shown in the Contract Documents f Deviations from Contract Documents R Revisions on re submittals General Requirements Page 9 of l7 It Contractors stamp initialed or signed certifying to review of submittal verification of products field measurements and field construction criteria and coordination of the information within the submittal with requirements of the Work and the Contract Documents 13 SUBMISSION REQUIREMENTS A Make submittals promptly In accordance with approved schedule and to such sequence as to cause no delay in the Work or in the work of any other contractor B Minimum number required 1 Shop Drawings a Three (3) copies nummum two (2) copies which will be retained by Engineer 1 4 RE SUBMISSION REQUIREMENTS A Make corrections or changes required by Engineer and resubmit until accepted B In writing call Engineers attention to deviations that the submittal may have from the Contract Documents C In writing call specific attention to revisions other than those called for by Engineer on previous submissions D Shop Drawings 1 Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wmrmg and piping layouts END OF SECTION General Requirements Page 10 of 17 SECTION 01410 TESTING 11 GENERAL A Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples Do not use any materials or equipment represented by samples until tests if required have been made and the materials or equipment are found to be acceptable Any product which becomes unfit for use after approval hereof shall not be incorporated into the work B All materials or equipment proposed to be used may be tested at any time during their preparation or use Fumish the required samples without charge and give sufficient notice of the placing of orders to permit the testing Products may be sampled either prior to shipment or after being received at the site of the work C Tests shall be made by an accredited testing laboratory selected by the Owner Except as otherwise provided sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM) D Where additional or specified information concerning testing methods sample sizes etc is required such information is included under the applicable sections of the Specifications Any modification of or elaboration on these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures 1 2 OWNER S RESPONSIBILITIES A Owner shall be responsible for and shall pay all costs in connection with testing for the following 1 Soil tests except those called for under Submittals thereof 2 Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner 3 Concrete test except those called for under Submittals thereof 13 CONTRACTOR S RESPONSIBILITIES A In addition to those inspections and tests called for in the General Conditions Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following 1 All performance and field testing specifically called for by the specifications 2 All retesting for Work or materials found defective or unsatisfactory including tests covered under 12 above 3 All minimum call out charges or stand by time charges from the tester due to the Contractors failure to pave pour or fill on schedule for any reason except by action of the Engmeer B Contractor shall notify the Project Engineer 48 hours prior to perfomnng an operation that would require testing 14 CONTRACTOR S QUALITY CONTROL SYSTEM A General The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work including that of his subcontractors to ensure conformance to the functional performance of this project This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner The Contractor's control system shall specifically include all testing required by the various sections of these Specifications General Requirements Page I 1 of 17 B Superintendence The Contractor shall employ a full time Superintendent to monitor and coordinate all facets ofthe Work The Superintendent shall have adequate expenence to perform the duties of Superintendent C Contractors quality control system is the means by which he assures himselfthat his construction complies with the requirements of the Contract Documents Controls shall be adequate to coverall construction operations and should be keyed to the proposed construction schedule D Records Maintain correct records on an appropriate form for all inspections and tests performed instructions received from the Engineer and actions taken as a result ofthose instructions These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test nature of defects causes for rejection etc ) proposed or directed remedial action and corrective action taken Document inspections and tests as required by each section of the Specifications Provide copies to Engineer weekly END OF SECTION General Requirements Page 12 of 17 SECTION 01510 TEMPORARY UTILITIES 11 UTILITIES A Furnish all utilities necessary for construction B Make arrangements with Owner as to the amount of water required and time when water will be needed 1 Meters may be obtained through the Water Utility Meter Shop at 221 6759 2 Unnecessary waste of water will not be tolerated C Famish necessary water trucks pipes hoses nozzles and tools and perform all necessary labor 12 SANITARY FACILITIES A Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or famishing services on the Project B Properly maintain sanitary facilities of reasonable capacity throughout construction periods C Enforce the use of such sanitary facilities by all personnel at the site D Obscure from public view to the greatest practical extent END OF SECTION General Requirements Page 13 of 17 SECTION 01560 TEMPORARY CONTROLS 1 1 NOISE CONTROL A Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas B Construction machinery and vehicles shall be equipped with practical sound muffling devices and operated in a manner to cause the least noise consistent with efficient performance of the Work C Cease operation of all machinery and vehicles between the hours of 6 00 p in and 7 00 a m. 12 DUST CONTROL A Dusty materials in piles or in transit shall be covered when necessary to prevent blowing B Earth and road surfaces subject to dusting due to contraction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant 1 Chemical dust suppressant shall not be injurious to existing or future vegetation 1 3 POLLUTION CONTROL A Prevent the pollution of drams and water courses by samtary wastes concrete sediment debris and other substances resulting from construction activities 1 Retain all spent oils hydraulic fluids and other petroleum fluids in containers for disposal off the site 2 Prevent sediment debris or other substances from entering sanitary sewers storm drains and culverts 14 EROSION CONTROL A Take such measures as are necessary to prevent erosion of sod that might result from construction activities 1 Measures in general will include a Control of runoff b Trapping of sediment c Minimizing area and duration of soil exposure d Temporary materials such as hay bales sand bags plastic sheets nprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities B Preserve natural vegetation to greatest extent possible C Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion D Comply with the City of Fort Collin Storm Drainage Erosion Control Manual General Requirements Page 14 of 17 Agreement and obligations contained in the Contract Document 7/96 Section 00300 Page 6 1 5 TRAFFIC CONTROL A Maintain traffic control in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) the City of Fort Collins Work Area Traffic Control Handbook and the current Lanmer County Urban Area Street Standards In the event of a conflict between the MUTCD criteria and the City s criteria the City s criteria shall govem 1 6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements both new and old from heavy loads These pavements may include but are not limited to recently constructed pavements recently overlaid pavements and/or pavements whose condition would be significantly damaged by heavy loads END OF SECTION General Requirements Page 15 of 17 SECTION 01700 CONTRACT CLOSEOUT 1 1 CLEANING AND RESTORATION A Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun This will include providing labor equipment and materials for cleaning repairing and replacing facilities damaged or soiled during construction The Engineer will be the judge of the degree of restoration required 12 PROJECT RECORD DOCUMENTS A Maintain on the job site and make available to the Engineer upon request one current marked up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings Further these drawings should reflect all underground obstacles encountered B These record drawings along with any survey records photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance END OF SECTION General Requirements Page 16 of 17 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1 1 DEFECTIVE WORK A Owner will not pay for defective work and will not pay for repair or additional work required to brig the project to a point of acceptance 1 2 BID PRICE A The Total Bid Price covers all Work required by the Contract Documents All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work B Prices shall include all costs in connection with the proper and successful completion of the Work including furnishing all materials equipment and tools and performing all labor and supervision to fully complete the Work C Unit prices shall govern over extensions of sums D Unit prices shall not be subject to re negotiation 1 3 ESTIMATED QUANTITIES A All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work The basis of payment shall be the actual amount of materials furnished and Work done B Contractor agrees that he will make no claim for damages anticipated profits or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor END OF SECTION General Requirements Page 17 of 17 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Division of Transportation Standard Specifications for Road and Bridge Construction 2005 and the current Lanmer County Urban Area Street Standards (hereafter referred to as the Standard Specifications ) are made a part of this Contract by this reference except as revised herein and are hereby adopted as the minimum Standard Specifications of Compliance for this project In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections the preceding Sections shall govern INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress 201 Clearing and Grubbing 202 Removal of Structures and Obstructions 203 Excavation and Embankment 212 Seeding Fertilizer and Sodding 304 Aggregate Base Course 403 Hot Mix Asphalt Patching 604 Inlets and Culverts 608 & 609 Sidewalks Curb and Gutter Drive Approaches Aprons Crosspans and Concrete Pavement 630 Construction Zone Traffic Control REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows Subsection 104 04 shall include the following It shall be the Contractor s responsibility to clear parking from the streets when such parking will interfere with the work Prior to work that requires the street(s) to be closed to parking and/or traffic the street(s) shall be posted for NO PARKING The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work and the day date and times that the message on the sign is in effect (For example if a street is to be patched on Wednesday July 2 the street shall be posted no later than Tuesday July 1 by 7 00 am with a sign that reads similar to NO PARKING WEDNESDAY JULY 2 7 00 A M TO 6 00 P M PATCHING) See sample NO PARKING sign NO PARKING signs shall remain in place until the street is opened to traffic and all clean up operations completed All information on the NO PARKING signs with the exception of the date shall be in block letters permanently affixed to the sign Any information added to a sign such as dates shall be clearly legible and written in block style letters The NO PARKING signs shall be in effect for one or two days only Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract The Contractor will not be paid for traffic control costs incurred during Contractor caused delays At or near the end of each work day a representative of the Contractor the Traffic Control Supervisor and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including NO PARKING signs Any necessary adjustments shall be made The Contractor shall also review at this time with the Engineer the proposed means of handling parking and traffic control for upcoming work It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work At the above referenced meeting the quantity of traffic control devices used that day shall be agreed upon by the Contractor and the Engineer The Contractor shall utilize forms approved by the Engineer for the tabulation of Traffic Control Devices utilized The Contractor shall maintain pedestrian and vehicular access to all businesses within the project at all times Pedestrian access must be clearly delineated and buffered from construction activities at all times and may include construction and installation of temporary ramps and wooden walkways as necessary Any changes in the traffic control including additional signs barricades and/or flaggers needed in the field shall be immediately implemented as directed by the Engineer The cost for traffic control is covered in Revision of Section 630 Construction Zone Traffic Control found herein Proiwt Specifications Page 2 of 30 NO PARKING Wea July 7 7:OOAM-6:00PM PATCHING Project Specifications Page 3 of 30 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows COOPERATION WITH UTILITIES Subsection 105 10 shall include the following Concrete construction and/or reconstruction operations at intersections may involve the destruction and replacement of traffic signal loop detectors The existing traffic signal loop detectors shall be removed by the contractor at no additional cost New loop detectors maybe installed at other intersections where they do not now exist New and replacement loop detectors will be installed by the City Traffic Division The Contractor shall cooperate with the schedule of this work to insure the timely installation of new loop detectors Also the Contractor shall coordinate with the City Traffic Division to insure that any cleanup required after the installation of the loop detectors will be completed before concrete placement operations begin COOPERATION BETWEEN CONTRACTORS Subsection 105 11 shall include the following City Utilities Streets Parks Traffic and utility contractors may perform work related to the project within or near the limits of this project The Contractor shall conduct the work without interfering or hindering the progress or completion of the work being performed by other contractors The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts and ensure timely completion of all the work INSPECTION AND TESTING OF WORK Subsection 105 15 shall include the following The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection measuring for pay quantities and sampling The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection measuring for pay quantities or sampling Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate MAINTENANCE DURING CONSTRUCTION Subsection 105 18 shall include the following The roadway area including curb gutter and sidewalk adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity but in no case shall the area be left uncleaned after the completion of the day s work It shall be the Contractors responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area Project Specifications Page 4 of 30 REVISION OF SECTION 105 CONTROL OF WORK The Contractor shall utilize a combination of pick up brooms side brooms and/or other equipment as needed to clean the streets All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work The Contractor shall maintain the streets during the construction process as prescribed above If a street requires additional sweeping by City forces the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner s cost to provide said service All cost of maintaining the work during construction and before the project is accepted will not be paid for separately but shall be included in the work Project Specifications Page 5 of 30 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows Subsection 107 12 shall include the following The fact that any underground facility sprinkler systems utility services etc is not shown on the plans details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract It shall be the Contractor's responsibility pursuant thereto to ascertain the location of such underground improvements which may he subject to such damage by reason of his operations Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer If the area to be repaired is five (5) inches or less in width the Contractor shall clean the area of all debris (i e concrete road base etc ) to a minimum depth of four (4) inches prepare all edges to be clean and vertical and place (see below) and compact topsoil The topsoil shall be compacted utilizing a hand operated roller or other method approved by the Engineer For concrete repair locations the placement of topsoil (backfill) shall be completed within two (2) working days of the placement of the concrete The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil refuse stumps roots rocks brush weeds heavy clay hard clods toxic substances or other material which would be detrimental to the proper development of vegetative growth The material to be utilized shall be approved by the Engineer prior to placement The topsoil shall be in a relatively dry state and placed during dry weather The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage The existing levels profiles and contours shall be maintained If any portion of the area to be repaired is greater than five (5) inches in width the Contractor shall clean and prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot place sod over the entire area water once and notify the property owner in writing of the nature of the work that has taken place and that the sod will be watered only once If the area to be repaired is only damaged on the surface the Contractor shall remove the damaged areas of sod to a depth that will allow new sod to be placed place new sod water once and notify the property owner in writing of the nature of the work that has taken place and the fact that the sod will be watered only once The minimum overall width of the area to be sodded shall be one (1) foot For concrete repair locations the placement of sod shall be completed by the end of the first working day of the week following the placement of the concrete Sprinkler systems Sprinkler systems designated for relocation shall be capped off at the limits of construction and protected from damage by the contractor Sprinkler heads shall be salvaged and stockpiled on each property for use when reconstructing the sprinkler systems Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be replaced at the Contractor s expense within three (3) working days from the date of damage In areas where the Engineer directs new work or the reconstruction areas require grade adjustment, the placement of topsoil sod and sprinkler relocation will be provided by the City under separate contract Project Specifications Page 6 of 30 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his expense unless a written waiver is obtained from the property owner and submitted to the Engineer Re sodded lawns shall be watered once by the Contractor All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns All restoration of landscaping and lawns damaged by construction operations other than concrete repair shall take place within three (3) working days from the date of damage In areas where the Engineer directs new work or the reconstruction areas require grade adjustment the placement of topsoil sod and sprinkler relocation will be provided by the City under separate contract All labor materials tools equipment incidentals and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done and shall not be measured and paid for separately Project Specifications Page 7 of 30 OWNER CITY OF F RT LCOLNSByD ATTEBERRY,ER By \-�) `''' -t -_T JAMES 'NEILL II, CPPO, FNIGP D CIO OF PURCHASING AND RISK MANAGEMENT Date Attes Address for giving notices P 0 Box 580 Fort Collins, CO 80522 7/96 CONTRACTOR Vogel Concrete Inc By Title (CORPORATE SEAL) :est Address for giving notices ��/.. CO 8os-as' LICENSE NO Section 00300 Page 7 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows SCHEDULE Subsection 108 03 shall include the following A schedule ofwork must accompany any bid and shall include number of working days per area to complete all unit work items covered by the contract Vicinity maps of each area are included in Section 03500 Project Maps The schedule should take any priorities into consideration The schedule should also include projected start and end dates Individual street quantities are described in Section 02500 Quantity Estimates Prior to award mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above LIMITATION OF OPERATIONS Subsection 108 04 shall include the following The work shall be completed within the following calendar months JAN FEB MAR APR MAY JUN JUL AUG SEPT OCTLL DEC DETERMINATION AND EXTENSION OF TIME Subsection 108 07 shall include the following Work hours shall be 7 00 a in to 6 00 p in Monday through Friday or as approved by the Engineer All Work is to be completed in one hundred twenty (120) consecutive working days FAILURE TO COMPLETE WORK ON TIME Subsection 108 08 shall include the following Failure to meet the agreed upon milestones or fully complete the project in one hundred twenty (120) working days shall result in damages assessed against the Contractor At the City s option liquidated damages in the amount of $1000 00 per day may be retained from any monies due the Contractor or the City may retain an additional contractor(s) to complete the work or portion thereof and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages Project Specificanons Page 8 of 30 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised as follows CONSTRUCTION REQUIREMENTS Subsection 201 02 shall be amended to include the following When any tree roots are encountered during construction operations the Contractor shall notify the Engineer prior to any root removals The Engineer and the City Forester s representative shall then make a determination regarding removal Tree roots shall be removed with a sharpened sanitized saw cut orthogonally to its longitudinal axis as closely as practical to leave the freshly cut root surface in a clean and smooth condition Axes or other blunt objects shall not be used to cut tree roots Where it is anticipated that tree roots may be encountered great care shall be taken by the Contractor to prevent any damage to the roots with tools or equipment BASIS OF PAYMENT Subsection 20104 shall be amended to include the following All costs for removing tree roots shall be considered a subsidiary obligation of the Contractor in connection with the various items ofthe Work and no measurement or payment shall be made separately for the removal of tree roots Project Specifications Page 9 of 30 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised as follows DESCRIPTION Subsection 202 01 is revised to include the following This work consists of sawing and cutting to facilitate controlled breaking and removal of concrete and asphalt to a neat line CONSTRUCTION REQUIREMENTS Subsection 202 02 is revised to include the following Sawing of concrete shall be done to a true line with a vertical face unless otherwise specified The depth of a saw cut in concrete shall be 4 inches or less as directed by the Engineer Residue from sawing shall be removed by the Contractor at the earliest opportunity The Contractor shall prevent tracking of residue onto the roadway or walkway and shall prevent discharge into the storm drainage system METHOD OF MEASUREMENT Subsection 202 11 is revised to include the following Sawing shall be measured by the lineal foot This item shall only be used where the Engineer directs sawing not already being paid under another item Sawcuttmg related to the items described in Revision of Section 608, Sidewalks, Curb & Gutter, Drive Approaches, Aprons, Crosspans, and Concrete Pavement shall be considered a subsidiary obligation of the Contractor and shall not be measured or paid for separately BASIS OF PAYMENT Subsection 202 12 is revised to include the following Payment will be made under Pay Item Unit 202 01 Sawcuttmg 5 4 LF 20202 Sawcuttmg —Additional Inch Depth LF/Inch The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in Sawcuttmg as specified in these specifications as shown on the plans and as directed by the Engineer Project Specifications Page 10 of 30 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised as follows DESCRIPTION Subsection 203 01 is revised to include the following This work shall consist of removing and disposing of the existing pavement base or other material preparing the subgrade for the subsequent course and placing borrow in accordance with the specifications and in reasonably close conformity with the lines grades and typical cross sections shown on the plans or as designated by the Engineer All excavation will be classified General Excavation as hereafter described The Contractor shall dispose of all excavated material CONSTRUCTION REQUIREMENTS Subsection 203 05 is revised to include the following General Excavation shall consist of the excavation of all materials of whatever character required for the work not being removed under some other item The Contractor shall be responsible for the protection of the subgrade base course until subsequent courses have been placed The excavation will be accomplished in the following manner General Excavation The areas to be removed will be marked on the surface by the Engineer with paint A straight vertical cut shall be made through the pavement if necessary to provide a square or rectangular opening such that each edge will be parallel or at right angles to the direction of traffic Wheel cutting shall not be allowed If in the opinion of the Engineer the subgrade material is unsuitable it shall be removed to the limns and depths designated Where excavation to the finished grade section (including General Excavation and Patching) results in a subgrade of unsuitable soil the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade section with approved material (asphalt or borrow) After the material has been removed to the depth specified by the Engineer the Contractor shall prepare the subgrade by compacting with a sheepsfoot roller rubber tired roller and/or other compaction equipment as approved by the Engineer The subgrade preparation shall not be measured and paid for separately but shall be included in the contract unit price for General Excavation Borrow Borrow shall be placed as directed by the Engineer The minimum amount of borrow shall be one load (approximately ten (10) ton) The cost for compaction shall be included in the Contract Unit Price for Borrow Borrow material shall meet the grading requirement for Class 1 (Pit Run) or Class 5 (Road Base) Aggregate Base Course (The Class 1 Aggregate Base Course need not be crushed and can be of the pit run variety provided it falls within the gradation requirements as shown in the Standard Specifications ) The material required for a specific location shall be directed by the Engineer Project Specifications Page I of 30 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Borrow will be paid by the ton at the proper moisture Haul and water necessary to bring mixture to optimum moisture content will not be measured or paid for separately but shall be included in the contract unit price for Borrow Load slips shall be consecutively numbered for each day and submitted to the Engineer daily METHOD OF MEASUREMENT Subsection 203 13 shall include the following The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further work continues Should the Contractor fad to request the Engineer to measure any work and perform other work that would prevent the Engineer from measuring pay quantities the Contractor shall not be compensated for materials not measured by the Engineer The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard Subgrade preparation haul and disposal will not be measured and paid for separately The accepted quantities of Borrow will be paid for at the contract unit price per ton Compaction and haul will not be measured and paid for separately BASIS OF PAYMENT Subsection 203 14 shall include the following Payment will be made under Pay Item Unit 20301 Excavation — General CY 203 02 Borrow Ton The above prices and payments shall include full compensation for furnishing all labor materials tools equipment, and incidentals and for doing all the work involved in Excavation and Borrow including haul stockpiling placing material watering or drying soil compaction proof rolling finish grading and disposal of unusable materials as shown on the plans as specified in these specifications and as directed by the Engineer Project Specifications Page 12 of30 REVISION OF SECTION 212 SEEDING FERTILIZER AND SODDING Section 212 of the Standard Specifications is hereby revised as follows DESCRIPTION Subsection 212 01 is revised to include the following This work shall consist of sod preparation and furnishing and placing topsoil and blue grass sod in accordance with these specifications accepted horticulture practice and in reasonably close conformity with the locations and details shown on the plans or as designated This work shall not include locations of concrete repair in which grade changes and additional work does not occur See Protection and Restoration of Property found herein MATERIALS Subsection 212 02 is revised to include the following Tonsod Topsoil shall conform to the requirements of Protection and Restoration of Property found herein Sod Bluegrass sod shall be nursery grown 99% Kentucky Blue Grass and 99% weed free Other sod type maybe used only if approved in writing by the Engineer The 1 % allowable weeds shall not include any undesirable perennial or annual grasses or plants Soil thickness of sod cuts shall not be less than 3/4 inch nor more than one inch Sod shall be cut in uniform strips with minimum dimensions of 12 inches in width and 48 inches in length The Contractor shall submit a sample of the sod he proposes to furnish Said sample shall serve as a standard Any sod furnished whether in place or not that is not up to the standard of the sample may be rejected Sod that has been cut for more than 24 hours shall not be used Each load of sod shall be accompanied by a certificate from the grower stating the type of sod and the date and time of cutting CONSTRUCTION REQUIREMENTS Subsection 212 05 is revised to include the following Sodding Soil Preparation The area shall be cleaned with a minimum depth of four (4) inches (where topsoil does not exist) and a minimum width of one (1) foot all irregularities in the ground surface shall be removed and all edges clean and vertical Sticks stones debris and other similar material more than %i inch in diameter shall be removed Any objectionable depressions or other variances from a smooth grade shall be corrected Topsoil Placement Topsoil shall be placed and compacted with a minimum depth of four (4) inches The amount of compaction required shall be as directed by the Engineer Sod Placement The minimum width for sod shall be one (1) foot The area to be sodded shall be smooth The sod shall be laid by staggering joints with all edges touching On any slopes the sod shall run approximately parallel to the slope contours The Contractor shall water the sod once and notify the property owner in writing of the nature of the work that has taken place and that the sod will only be watered once Sod placement/replacement required due to Contractor negligence shall follow the requirements of this section but will not be measured and paid for under the terms of this contract Protect Specifications Page 13 of 30 REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING BASIS OF PAYMENT Subsection 212 08 is revised to include the following No measurement for payment shall be made for re sodding lawn damaged by the Contractor adjacent to new concrete when the grade of the existing lawn reasonably matches the grade of the new concrete Re sodding in this instance shall be considered incidental to the work being performed Payment will be made under Pay Item 212 01 Sod Unit Square Foot 212 02 LandscapeQrrigation Labor Hour The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in the placement of Seeding Fertilizer and Sodding complete in place including removal haul disposal and water as shown on the plans as specified in these specifications and as directed by the Engineer Project Specifications Page 14 of30 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised as follows MATERIALS Subsection 304 02 is revised to include the following Aggregate Base Course shall meet the grading requirements for Class 5 Recycled asphalt or recycled concrete may be substituted for Aggregate Base Course at any time as directed by the Engineer METHOD OF MEASUREMENT Subsection 304 07 is revised to include the following Aggregate Base Course will be measured by the ton at the proper moisture Haul and water necessary to bring mixture to optimum moisture content will not be measured and paid for separately but shall be included in the contract unit price for Aggregate Base Course Aggregate Base Course will be paid at a fixed 75% of the total amount used The remaining 25% is intended to cover incidentals such as temporary patching wash pits form board reinforcement and storm water protection Failure to protect open excavations or any other use not directly related to the Work shall not be measured or paid for separately but shall be included in the Work Borrow that is placed as a result of excavation of unsuitable subgrade will be paid for at the unit price for Borrow under Revision of Section 203 Excavation and Embankment Load slips shall be consecutively numbered for each day and submitted to the Engineer daily The accepted quantities for Aggregate Base Course will be paid for at the contract unit price per ton BASIS OF PAYMENT Subsection 304 08 is revised to include the following Payment will be made under Pay Item 304 01 Aggregate Base Course Unit Ton The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in the placement of Aggregate Base Course complete in place including haul and water as shown on the plans as specified in these specifications and as directed by the Engineer Protect Specifications Page 15 of 30 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT PATCHING Section 403 of the Standard Specifications is hereby revised as follows DESCRIPTION Subsection 403 01 is revised to include the following This work consists of the placement of hot mix asphalt as a temporary repair to provide vehicle or pedestrian access until such time as the permanent repair can be made CONSTRUCTION REQUIREMENTS Subsection 403 03 is revised to include the following In all concrete repair locations the Contractor shall remove no more than six (6) inches of asphalt pavement The pavement areas shall be temporarily patched with a minimum of two (2) inches of hot mix asphalt up to a maximum depth of six (6) inches These locations shall be paid under the Contract Unit Price for Temporary Patching METHOD OF MEASUREMENT Subsection 403 04 is revised to include the following The accepted quantities for Temporary Patching will be measured and paid for at the contract unit price per ton Pavement cutting excavation subgrade preparation haul disposal and bituminous materials will not be measured or paid for separately but shall be included in the contract price for Temporary Patching Load slips shall be consecutively numbered for each day and shall include the batch time BASIS OF PAYMENT Subsection 403 05 is revised to include the following Payment will be made under Pay Item 403 01 Temporary Patching Unit Ton The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the work involved in Temporary Patching including pavement cutting excavation haul disposal surface preparation and bituminous materials complete in place asshown on these plans as specified in these specifications and as directed by the Engineer Prgect Specifications Page 16 of30 REVISION OF SECTION 604 INLETS AND CULVERTS Section 604 of the Standard Specifications is hereby revised as follows DESCRIPTION Subsection 604 01 is revised to include the following This work shall consist of the installation of or removal and replacement of inlets inlet decks and sidewalk culverts in accordance with these specifications and in reasonably close conformity with the lines and grades shown on the plans or established by the Engineer CONSTRUCTION REQUIREMENTS Subsection 604 04 is revised to include the following The existing frames grates, bonnets and angle iron faces shall be salvaged and reused in the reconstruction of the inlet deck or replacement of the inlet Salvable material shall remain the property of the City of Fort Collins and shall be stockpiled by the Contractor at specified locations within the project limits The Contractor shall safeguard salvable materials and shall be responsible for the expense of repairing or replacing damaged or missing material until it is incorporated into the work or is loaded onto City equipment by the Contractor If the frame grate bonnet or angle iron face cannot be salvaged the City will provide the replacement material for all inlet types In the event the City cannot provide material for the Modified Type 13 Curb Inlets the Contractor shall supply new material This item shall include the frame grate and adjustable curb bonnet for a Modified Type 13 Curb Inlet and will be paid as Modified Type 13 Curb Inlet Materials Only This item will be paid in addition to the Remove & Replace or Reconstruct Deck inlet items All reinforcing steel encountered during removal shall be replaced with new steel of the grade and size as shown on the detail found herein The "Metal Sidewalk Culvert with 5/8' Plate item shall include a new frame and plate The existing frame and plate shall be salvaged to the maximum extent feasible Salvable material shall remain the property of the City of Fort Collins When concrete is to be removed and replaced around an existing grate without disturbing the deck or box this shall not constitute Reconstruct Inlet Deck These locations shall be measured and paid for separately under the items described in Revision of Sections 608 and 609 Sidewalks Curb and Gutter Drive Approaches Aprons and Crosspans found herein Expansion joint material shall be installed every 500 in long runs and between new structure slabs and existing concrete slabs where called for and around fire hydrants poles inlets sidewalk culverts mid block ramps radius points at intersections and other fixed objects i e ends of sidewalk slabs and curbs Expansion joint material must be set vertical and installed in accordance with the COOT M&S Standards for Concrete Pavement Joints The joint shall be edged with a suitable edging tool and sealed in accordance with COOT Section 412 18 Expansion and caulking shall be paid as Expansion and Caulking by the lineal foot Project Specifications Page 17 of30 SECTION 00530 NOTICE TO PROCEED Description of Work 2008 Renewal 6046 Concrete Maintenance Project To Vogel Concrete Inc 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 1 20 The dates for Substantial Completion and Final Acceptance shall be and , 20, respectively City of Fort Collins OWNER By Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR Vogel Concrete Inc By Title 7/96 Section 00300 Page 8 REVISION OF SECTION 604 INLETS AND CULVERTS METHOD OF MEASUREMENT Subsection 604 06 Is revised to include the following Reconstruct Deck shall include the deck reconstruction of existing inlets including two three and a half foot (3 5 ) transitions measured from Inside face of box on each side Inlets with openings greater than those defined on the detail shall be paid for as Reconstruct Deck per each plus Reconstruct Deck Additional Foot Opening per lineal foot BASIS OF PAYMENT Subsection 604 07 is revised to include the following Payment will be made under Pay Item Unit 60401 Type R Inlet — Remove & Replace (4 Opening) Each 60402 Type R Inlet — Reconstruct Deck (4 Opening) Each 60403 Type R Inlet — Reconstruct Deck Additional Foot Opening Lineal Foot 60404 Catch Basin Remove & Replace Each 60405 Catch Basin Reconstruct Deck Each 60406 Catch Basin Reconstruct Deck Additional Foot Opening Lineal Foot 60407 Modified Type 13 Curb Inlet Remove & Replace Each 60408 Modified Type 13 Curb Inlet Reconstruct Deck Each 60409 Modified Type 13 Curb Inlet Materials Only Each 604 10 Concrete Sidewalk Culvert Remove & Replace Each 604 11 Metal Sidewalk Culvert with 5/8 Plate Remove & Replace Each 604 12 Additional Square Foot 5/8 Plate Square Foot The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in Inlets including demolition disposal reinforcement and replacement complete in place as specified in these specifications as shown on the plans and as directed by the Engineer Protect Specifications Page 18 of 30 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES APRONS, CROSSPANS, AND CONCRETE PAVEMENT Sections 608 and 609 of the Standard Specifications are to be deleted and replaced with the Larimer County Urban Area Street Standards October 2002 except as noted herein DESCRIPTION This work consists of the construction of concrete sidewalks curb and gutter drive approaches aprons crosspans curb ramps and concrete pavement in accordance with these specifications and in conformity with the lines and grades shown on the plans or established MATERIALS The mix designs for all types of concrete to be utilized shall be determined by the Contractor and submitted to the Engineer and approved a minimum of one week prior to the beginning of construction Cement used shall conform to the Standard Specification for Portland Cement ASTM C 150 85 AASHTO M85 Type I Type I/I1 or Type III The air content shall be four (4) to seven (7) percent High Early concrete shall be used for concrete repair locations High Early concrete shall have a specified compressive strength of4000 psi and a minimum 48 hour compressive strength of3000 psi The concrete shall have a maximum water/cement ratio of 0 45 The type of concrete used for a particular location shall be approved by the Engineer See also Section 2 05 Rigid Pavement Design and Section 4 2 4 Concrete Streets of the City of Fort Collins Design Criteria and Standards for Streets Water Reducing Agents shall conform to ASTM C 494 82 Accelerating Agents shall conform to ASTM C 494 82 Calcium Chloride shall not be utilized as an accelerating agent The Contractor shall furnish a load slip containing the information required by AASHTO M 157 Section 13 Subsection 13 1 and 13 2 with each batch of concrete In addition the type of concrete (mix code) shall be shown on each load slip Concrete delivered without a load slip containing complete information as specified will be subject to rejection Curing materials shall be white pigmented liquid linseed oil based or paraffin based curing compound and shall conform to ASTM Specification C 309 81 Type 11 Class B The application rate for curing compound shall be 150 sq ft /gal for all concrete The curing compound shall be applied immediately upon completion of the finishing CONSTRUCTION REQUIREMENTS The Remove Concrete item shall include removal and disposal or salvage of existing asphalt concrete or flagstone as directed by the Engineer Care shall betaken during removal of fillets to protect the existing concrete from damage Any damage to the existing concrete shall be repaired or replaced at the Contractors expense Monolithic hybrids of curb gutter sidewalk and highback vertical curb and gutter will be replaced using the same configuration as it was originally installed unless a flaw in its engineering should become apparent In these cases the design may be modified by the Engineer Project Specifications Page 19 of30 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES APRONS CROSSPANS AND CONCRETE PAVEMENT The finished exposed surface and edging of the concrete will match as closely as possible the surface treatment of the surrounding existing concrete In locations where concrete pavement is replaced the new pavement shall have a minimum thickness of 8 Existing pavement shall be saw cut to obtain a straight and neat edge for paving and shall be deep enough to cut through the entire pavement thickness All Joints shall be sealed with an asphalt filler compound, or approved equal in accordance with the detail for `Concrete Pavement Joints" contained herein The cost for Joint sealing shall be included in the contract unit price for "Concrete Pavement The top of the new pavement shall be even with the existing concrete pavement The concrete shall be consolidated with a mechanical vibrator All construction Joints shall be doweled except for expansionjoints Joints along existing curb and gutter and contraction Joints in accordance with the detail for Concrete Pavement Joints contained herein In addition dowels shall be 16 smooth 45 bars The dowels shall be placed in drilled holes 12 OC Dowels shall fit snugly into 8 deep drilled holes or shall be epoxy grouted In locations where concrete pavement is being replaced the construction Joint (s) shall be constructed in accordance with the detail for Concrete Pavement Joints contained herein This item will not be measured or paid for separately under the terms of this contract The maximum spacing for transverse Joints in crosspans and concrete pavement shall be ten (10) feet All construction Joints for crosspans and/or aprons adjacent to new or existing concrete shall be constructed in accordance with the detail for Concrete Construction Joints contained herein This item will not be measured or paid for separately under the terms of this contract Restoration of landscape shall be in accordance with Revision of Section 107 Protection and Restoration of Property and Landscape found herein The time frame for restoration shall be within two (2) working days from the time the concrete was placed for backfill with topsoil and by no later than the end of the first working day of the following week for sod replacement The Contractor shall be responsible for the protection of the subgrade/base course until the concrete is placed The Contractor shall protect the concrete against moisture loss rapid temperature change rain flowing water mechanical injury pedestrian and vehicular traffic and Contractor's equipment for a minimum of 36 hours after the placement of curing compound for 48 hour high early concrete Concrete blankets shall be used when the temperature is expected to fall to 32 F or below within 36 hours after placement of curing compound for 48 hour high early concrete Asphalt patching against fresh concrete shall not be permitted during the time frames for protection of concrete stated above The debris immediately adjacent to a concrete repair location shall be completely cleaned up on the work day following the placement of the concrete If required the concrete shall be protected as stated above Any damage caused during the cleanup process shall be the Contractors responsibility The Contractor shall utilize forms approved by the Engineer for the tabulation of concrete quantities Protect Specifications Page 20 of 30 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB At GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS AND CONCRETE PAVEMENT Concrete washout/truck washout shall be contained in such a manner that no visual evidence of cement or aggregate spoils remains on the site In addition direct washout to curb and gutter flow lines or inlet structures is prohibited Washout maybe accomplished by use of a designated spoils/base pile as described in Section 208 of the Standard Specifications or at an identified off site location Methods shall be submitted for approval by the Engineer Flagstone sidewalk brick pavers and trolley roadbed bricks shall be salvaged to the maximum extent feasible All flagstones pavers and bricks shall become the property of the City of Fort Collins Flagstones shall be hauled by the contractor and delivered to the City s site located at 1500 Hoffman Mill Road This item will not be measured or paid for separately but shall be considered incidental to the related remove and replace item In areas where the Engineer directs the re setting of flagstone the existing flagstone shall be salvaged and reset on compacted base The elevation of the flagstone shall match as closely as possible the surface treatment of the surrounding existing area METHOD OF MEASUREMENT Sawcutting related to the items in this section shall be considered a subsidiary obligation of the Contractor, and shall not be measured or paid for separately Pedestrian Access Ramp shall be measured by the square foot and shall include the area between the back of the curb and both points of curvature if on the radius or the top of transition if mid block Pedestrian Access Ramp — Highback Curb shall be measured by the square foot The length shall be measured from the back of the curb to the top of the transition at the back of the ramp and the width shall be measured at the midpoint All pedestrian access ramps shall be placed in accordance with the details contained herein The ramp items shall include all labor materials (except truncated domes) equipment and incidentals including removal saw cutting haul and disposal and for doing all the work involved in removal and replacement of pedestrian access ramps Truncated dome panels shall be placed on all pedestrian access ramps Truncated Dome Panel will be paid in addition to the ramp item This item shall include all labor materials and surface preparation to supply and place the panels at pedestrian access ramps Truncated dome panels shall be red pre fabricated concrete or cast iron and shall meet all ADA requirements The type of truncated dome panels to be used shall be submitted to the Engineer for approval prior to installation Dome panels shall be placed at the same time as the initial ramp placement All panels shall be epoxied on the non exposed surfaces prior to being set in wet concrete Expansionjoint material shall be installed every 500 in long runs and between new structure slabs and existing concrete slabs where called for and around fire hydrants poles inlets sidewalk under drains mid block ramps radius points at intersections and other fixed objects i e ends of sidewalk slabs and curbs Expansion Joint material must be set vertical and installed in accordance with the CDOT M&S Standards for Concrete Pavement Joints The joint shall be edged with a suitable edging tool and sealed in accordance with CDOT Section 412 18 This item will be paid as Expansion and Caulking by the lineal foot Reset Flagstone shall be measured by the square foot of reset area Project Specifications Page 21 of30 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES APRONS CROSSPANS AND CONCRETE PAVEMENT BASIS OF PAYMENT Payment will be made under Pay Item Unit 60801 Remove Concrete SF 60802 Remove and Haul Fillets EACH 60803 Apron 8 Remove & Replace SF 60804 Crosspan 8 Remove & Replace SF 60805 Driveover Curb Gutter and 6 Sidewalk Remove & Replace LF 60806 Drrveover Curb and Gutter No Sidewalk Remove & Replace LF 60807 Vertical Curb Gutter and 6 Sidewalk Remove & Replace LF 60808 Vertical Curb and Gutter No Sidewalk Remove & Replace LF 60809 Vertical Outfall Curb and Gutter Remove & Replace LF 608 10 Barrier Curb 12 — Remove & Replace LF 608 11 Hollywood Curb Gutter and 6 Sidewalk LF Remove & Replace 608 12 Hollywood Curb and Gutter No Sidewalk LF Remove & Replace 608 13 Htghback Curb and Gutter No Sidewalk LF Remove & Replace 608 14 Pedestrian Access Ramp Remove & Replace SF 608 15 Pedestrian Access Ramp Htghback Curb Remove and Replace SF 608 16 Truncated Dome Panel SF 608 17 Flatwork 4 Remove & Replace SF 608 18 Flatwork 6 Remove & Replace SF 608 19 Replace Flatwork — 1 Additional Depth SF Project Specifications Page 22 of 30 REVISION OF SECTIONS 608 AND 609 SIDEWALKS CURB & GUTTER, DRIVE APPROACHES APRONS, CROSSPANS, AND CONCRETE PAVEMENT 608 20 Colored Concrete (4 ) San Diego Buff— Up Charge SF 608 21 4 Valley Pan (6 ) — Remove & Replace SF 608 22 Concrete Pavement 8 Remove & Replace SF 60823 Alley Approach 8 Remove & Replace SF 608 24 Expansion & Caulking LF 608 25 Splashblock 4 SF 608 26 Exposed Aggregate 4 — Up Charge SF 608 27 Reset Flagstone SF The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the work involved in Sidewalks Curb & Gutter Drive Approaches Aprons Crosspans and Concrete Pavement complete in place including removal sawcutting haul and disposal as shown on the plans as specified in these specifications and as directed by the Engineer Project Specifications Page 23 of 30 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows DESCRIPTION Subsection 630 01 shall be revised as follows This work shall consist of furnishing installing moving maintaining and removing temporary traffic signs advance warning arrows panels barricades channelizing devices and delineators as required by the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) the City of Fort Collins Work Area Traffic Control Handbook and the current Latimer County Urban Area Street Standards In the event of a conflict between the MUTCD criteria and the City s criteria the City s criteria shall govern When a device is not in use the Contractor shall remove it from the project for the period it is not needed Devices temporarily not in use shall as a minimum be removed from the area Moving will include devices removed from the project and later returned to use Payment shall be made for the maximum number of each type of traffic control device being used at one given time per day Traffic control devices shall be placed and/or stored in the City right of way in such a manner that minimizes the hazards to pedestrians bicyclists and vehicles Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s) MATERIALS Subsection 630 02 shall include the following All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i a crossed out information information written in long hand style etc ) Additionally any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties such as residents affected by any information the sign may present CONSTRUCTION REQUIREMENTS Subsection 630 09 shall be revised as follows TRAFFIC CONTROL PLAN Traffic control through the construction areas is the responsibility of the Contractor For all locations a Traffic Control Plan shall be prepared The Traffic Control Plans shall be on City supplied forms The Traffic Control Plans shall be submitted for approval to the Engineer by 8 00 a in two working days prior to the commencement of work (Note Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8 00 a in ) Full road closure plans shall be submitted no later than Friday mornings by 8 00 a in for projects starting the following week All plans shall be delivered to City Project Specifications Page N o1730 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Engineering 281 North College Avenue Facsimiles of plans shall not be allowed No phase of the construction shall start until the Traffic Control Plan has been approved Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work as well as the Contractors forfeiture of payment for all work and materials at that location with no adjustment in the contract time All costs associated with Traffic Control Plan review will not be measured or paid for separately but shall be considered incidental to the Work The Traffic Control Plan shall include as a minimum the following (1) A detailed diagram which shows the location of all sign placements including advance construction signs (if not previously approved) and speed limit signs method length and time duration for lane closures and location of flag persons (2) A tabulation of all traffic control devices shown on the detailed diagram including but not limited to construction signs vertical panel vertical panel with light Type I Type II and Type III barricades cones drum channehzing devices advance warning flashing or sequencing arrow panel Certain traffic control devices may be used for more than one operation or phase However all devices required for any particular phase must be detailed and tabulated for each phase (3) Number of flaggers to be used (4) Parking Restrictions to be in affect Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to be made Such approval does not relieve the Contractor of liability specifically assigned to him under this contract Parking Restriction Plans shall be submitted and approved which show the location and quantity of NO PARKING signs the date to be placed and the date to be removed The plans shall be prepared on City supplied forms The Parking Restriction Plans shall be submitted to the Engineer by 8 00 a in two working days prior to the commencement of work (Note Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8 00 a in ) All plans shall be delivered to City Engineering 281 North College Avenue Facsimiles of plans shall not be allowed No phase of the construction shall start until the Parking Restriction Plan has been approved Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work as well as the Contractors forfeiture of payment for all work and materials at that location with no adjustment in the contract time The cost for preparing and submitting the traffic control plan shall be included in the contract unit price for Traffic Control Supervisor Subsection 630 10 shall be revised as follows TRAFFIC CONTROL MANAGEMENT Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS) The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractors Association (CCA) certification as a Traffic Control Supervisor (Proof of certification shall be presented to the City Traffic Control Manager and when requested by a City representative for each TCS utilized on this project ) One TCS shall be designated as the Head TCS The Head TCS shall have a minimum of one year experience as a certified TCS Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work The Head TCS shall be on site at all times during the construction when Protect Specifications Page 25 of 30 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES payment is made under the contract unit price for Traffic Control Supervisor per day When the TCS is being paid under the TCS per hour item time spent on site may be modified by the City Representative as needed based on the size and complexity of the project location of work duration of the project traffic factors weather and roadway characteristics The TCS shall be equipped with a cellular phone The cost of this phone shall be incidental to the day or hour pay unit for TCS It is the intent of the specifications that the Head TCS be the same throughout the project IftheHeadTCSisto be replaced during the project the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement The Head TCS will be paid for under the TCS item The TCS s duties shall include but not be limited to (1) Preparing revising and submitting Traffic Control Plans as required (Review fees will not be measured or paid for separately but shall be considered incidental to the Work ) (2) Direct supervision of project flaggers (3) Coordinating all traffic control related operations including those of the Subcontractors and suppliers (4) Coordinating project activities with appropriate police and fire control agencies Transfort school districts and other affected agencies and parties prior to construction Typed hand delivered notification to all businesses and residents at least 24 hours prior to construction (The notification of residents and businesses may be accomplished by a representative of the TCS ) (5) Maintaining a project traffic control diary which shall become part of the City s project records (6) Inspecting traffic control devices on every calendar day for the duration of the project (7) Insuring that traffic control devices are functioning as required (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience safety and orderly movement of traffic (9) Flagging (10) Setting up traffic control devices Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed any special instructions to the residents (i a limns on lawn watering during concrete pouring etc ) the dates and times of the work and the parking and access restrictions that will apply as well as thorough information placed on NO PARKING signs Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work Letters shall be submitted with the Traffic Control Plans for approval Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work (Note The time frame criteria for distributing letters are the same as for posting NO PARKING signs) The cost for preparing and distributing the letters shall be included in the cost for TCS Project Specifications Page 26 of 30 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Traffic control management shall be maintained on a 24 hour per day basis The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day on call at all times and available upon the Engineer's request at other than normal working hours All costs associated with on call service excluding actual hours worked shall be included in the contract unit price for Traffic Control Supervisor The TCS s will be paid only for days the Contractor works and as directed by the Engineer On weekends and other days the Contractor is not working the TCS will not be paid Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in the unit prices for the equipment Time spent setting up equipment, modifying equipment, maintaining equipment, and picking up equipment shall be included in the unit prices for the equipment All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins Work Area Traffic Control Handbook and Part VI of the MUTCD pertaining to traffic controls for street and highway construction available at all times METHOD OF MEASUREMENT Subsection 630 14 shall be revised as follows Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below Construction Traffic Signs Size A Signs 0 01 to 9 00 Square Feet Size B Signs 9 01 to 16 00 Square Feet NO PARKING Sign with Stand will be measured and paid for separately and not included in the item for Size A Signs NO PARKING Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade The sign material and stand shall be approved by the Engineer The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for NO PARKING Sign with Stand The cost for "NO PARKING" Sign with Stand shall include delivery rental, setup, modification, maintenance, and pickup NO PARKING signs must remain in place until the street is open to traffic The `NO PARKING signs shall be in effect for one or two days only Traffic channelizing devices consisting of vertical panel cones or drum channehzing devices will be measured by the unit Bamcade warning lights shall be measured and paid for separately if approved by the Engineer Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit The number of Traffic Control Supervisors shall be approved by the Engineer prior to each days work The quantity to be measured for Traffic Control Supervisor will be the number of authorized days performed by the Traffic Control Supervisor or his approved representative An authorized day shall be any day or portion of a day authorized by the Engineer that construction operation would require a Traffic Control Supervisor On Call and project inspections on all other days will not be measured and paid for separately but shall be included in the work The cost for setting up equipment modifying equipment maintaining equipment and picking up equipment (not including NO PARKING Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor Project Specifications Page 27 of 30 SECTION 00510 NOTICE OF AWARD Date March 26, 2008 TO Vogel Concrete, Inc PROJECT Renewal, 6046 Concrete Maintenance Project OWNER CITY OF FORT COLLINS (hereinafter referred to as the OWNER") You are hereby notified that your Bid dated March 26, 2008 for the above project has been considered You are the apparent successful Bidder and have been awarded an Agreement for Renewal, 6046 Concrete Maintenance Project The Price of your Agreement is $1,383,689 52 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 April 10, 2008 1 You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents Each of the Contract Documents must bear your signature on the cover of the page 2 You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5 1) and Supplementary Conditions Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached City of Fort Collins OWNER By zotnqo m s B O'Neill, II, CPPO, FNIGP D ector of Purchasing & Risk Management Section 00510 Page 1 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES If a TCS(s) is used for an authorized day but not for the entire day the TCS shall be paid at the Contract Unit Price for Traffic Control Supervisor at the per hour rate The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized Hours of flagging in excess of those authorized shall beat the Contractors expense Flagger breaks shall be included in the Contract Unit Price for Flagging The method for covering flagger breaks shall be approved by the Engineer Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized in writing by the Engineer Flagger stand by time will not be paid for under the terms of this contract In locations where traffic control is set up and the work is not performed due to Contractor caused delays the traffic control shall not be paid for under the terms of this contract The costs for advance warning NO PARKING signs for periods in excess of24 hours prior to the advancement of work including those instances when said signs have been changed or otherwise updated to reflect current schedules will not be paid for under the terms of this contract unless authorized by the Engineer in writing In addition the Owner shall deduct from compensation due the Contractor $10 00 for each traffic control device per day for said conditions including NO PARKING signs and any signs which are not removed from the site immediately upon completion of the work BASIS OF PAYMENT Subsection 630 15 shall be revised as follows The cost for Traffic Control Devices not including NO PARKING Sign with Stand shall include delivery rental and pickup The cost for setting up equipment modifying equipment and maintaining equipment will be paid for under the Contract Unit Price for TCS as described above The cost for NO PARKING Sign with Stand shall include delivery rental setup modification maintenance and pickup Payment shall be full compensation for furnishing erecting maintaining moving removing and disposing of construction traffic control devices necessary to complete the work All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate unit cost for Size A or Size B sign This item shall apply to new signs only Once manufactured they may be used throughout the project Upon completion of the work the Specialty Signs shall be returned to the Contractor The accepted quantities will be paid for at the contract unit price for each of the pay items listed below Pay Item Unit 630 01 NO PARKING Sign with Stand Per Day Per Each 630 02 Vertical Panel without Light Per Day Per Each 630 03 Channelizmg Drum without Light Per Day Per Each Project Specifications Page 28 of30 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES 63004 Type I/II Barricade without Light Per Day Per Each 63005 Type III Barricade without Light Per Day Per Each 63006 Size A Sign with Stand Per Day Per Each 63007 Size B Sign with Stand Per Day Per Each 63008 Size A Specialty Sign Cost of Manufacturing Each 63009 Size B Specialty Sign Cost of Manufacturing Each 630 10 Cone with Reflective Strip Per Day Per Each 630 11 Safety Fence Per Day Per Roll 630 12 Light Per Day Per Each 630 13 Advance Warning Flashing or Sequencing Arrow Panel Per Unit Per Day 630 14 Variable Message Board Per Day Per Each 630 15 Traffic Control Supervisor Per Day 630 16 Traffic Control Supervisor Per Hour 630 17 Flagging Per Each Per Hour Flagger hand signs will not be measured and paid for separately but shall be included in the work The flaggers shall be provided with electronic communication devices when required These devices will not be measured and paid for separately but shall be included in the work The cost of batteries electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item Sand bags will not be measured and paid for separately but shall be included in the work The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD if approved however payment will be made for the typical panel size The City shall not be responsible for any losses or damage due to theft or vandalism Project Specifications Page 29 of 30 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING NOTE FULL CLOSURES ON ARTERIALS AND COLLECTORS INCLUDING THOSE LISTED ABOVE WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS Project Specifications Page30of3O SECTION 02500 QUANTITY ESTIMATE This work shall consist of removal and/or installation of concrete curbs gutters sidewalks crosspans aprons drive approaches and pedestrian access ramps and placement of temporary asphalt 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14 IN 17 IN - Z) „ (117 FT) �41 \ (142 FT m \ mvl FLOW LINE 1 6 IN 1 L_ �D 18 IN (1 5 FT) 6!N 2 FT 6 IN WERE WALK ADJOINS A CURB IT SHALL BE 6 IN CONSTRUCTED 1/4 INCH ABOVE THE CURB 4 1/2 IN SLOPE SIDEWALK TO CURB — 1 1/2 IN 1/4 IN TO 1/2 IN PER FT 21� N 21N R 61N i 1 1/2 1N R 4 11 e � e �_D [ 4 FT MIN p D t 12 IN a � VERTICAL 6 IN CURB GUTTER AND SIDEWALK 3 FT 9 IN (3 75 FT) 4 IN I D D c e c c e a a IN aDr ILL n 81N I� (1 5 FT) V DRIVE —OVER CURB GUTTER AND SIDEWALK EDGED SURFACE 3/4 IN MIN 1/8 IN R 443 FT 1 18 FT 58 FT 2 67 FT ylp 09 FT D'—�j (.1/8 IN 1 30 FT it FT 4 IN D I e p I DUMMY JOINT D FOR WALKS D 61N 0 e � D COMBINATION CURB GUTTER AND SIDEWALK HOLLYWOOD (OBSOLETE — FOR REPLACEMENT ONLY) CURB, GUTTER AND SIDEWALK DETAILS CITY OF FORT COLLINS STORM WATER APPROVED DETAIL aWDrF.Lc.IIw UTILITIES CONSTRUCTION DETAILS DATE (i/is/oo D-6 DRAWN BY NBJ 1 6 1 1 /2 4 1 /2 1 1 /2 R 1 1/2 TO 2 R N OUT FALL CURB & GUTTER (FORT COLLINS ONLY) 6 6 4 1 /8 TO 1 /4 R 1 /8 TO 1 /4 R 1 1 /2 I11/2R 1R 1 ±1/4 J 1±1/4 1 1 /2 3 1 ASPHALT OR * 6 w/concrete pavement CONCRETE PAVEMENT 8 w/asphalt BARRIER CURB (KEY WAY OR EPDXY) MOUNTABLE CURB (KEY WAY OR EPDXY) (SECTION B) (SECTION M) 6 6 6 77 - - 1 1/4 Q FL a:m oFL -T7 O ROADWAY PAVEMENT 8" BARRIER CURB 6" MOUNTABLE CURB (CDOT TYPE 2 SECTION B M-609-1 CURB W/8 REVEAL) Notes a ) Bottom of curb shall be poured to a depth no less than on the compacted subgrade of the pavement b ) Raised center medians shall be 8 barrier curb or 6 epoxy curb only MEDIAN (ISLAND CURBS) LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO 2 DRAWING URBANSTREET STANDARDS DRAWINGSDATE 04/01/07 703 9 , \N ay Una X = Curb Transition Length Y = Parkway Width in Type I Approach W = Driveway Width (See Drawing 707) t = Concrete Thickness - minimum 6 Type I = With Detached Sidewalk i Type II = With Attached Sidewalk Refer to Chapter 25 for minimum removal dimensions PERSPECTIVE W = Width Ramp if necessary /� Right of Way line A B Detached 1 12 a Sidewalk max I I W W W W N 6 ( 't' 1 12 max o TYPE I x=2 min v N L l Driveway Width Varies Attached Sidewalk 1 12 max Back of curb w EXPANSION J 1 72 max) m INT tE 4 1 24 9 N • �' T c WALK SECTION B—B o I TYPE II NOTE a N T S 2 a WALK y 1 Concrete driveway must be provided to the property line O 1 48 SLOPE m 1/4 PER FT T ,1 12 max Expansion joint if drive WALK SECTION A —A continues as concrete t \ NITS STANDARD DRIVEWAY APPROACH (TYPES I & II) LARIMER COUNTY CONSTRUCTION REVISION NO 2 DRAWING URBAN AREA DRAWINGS STREET STANDARDS DATE 04/01/07 706 0 O c w m O O m Y Ci°Z a 0 U Q C .ti > 5 �a+ W 0W Q Ate\ I� _ O Q W (O > V Ico Q � O M 0 LO W z I ) N LLc U (xew) ( xew) c0 �l O O M 0 ID N co �I a _ 3 3 W � � W ca Oa } 0 3 a co �o m N M M M �s Z IW - 0 0 a� O = c • • z T O J T o _ a o E o N E j N N rn E v u z O c ¢ N 3 V C E J m N N m 06 yW N Em Q boo Q m m E '6 z N 0 2 06 O O Q C 0) mm E6 CAE c)�> N « y a)U m� -0mE Y C �O Q 01 O1a 00 a W �°y0a ==� 3 a cr N 3 U (J 0 2 Z rN c+>a(o co STANDARD DRIVEWAY APPROACH (HIGH VOLUME DRIVE TYPES III & B LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO 2 DRAWING STREET STANDARDS DRAWINGSDATE 04/01/07 707 a 00 r o o � v H Z Q O � I U m i 00 O N J J Z_ V O U IO + �0 J C ^ Q 00 p O £ 3 Z N N I 0 O v p V) c p N cr U w cr w = +r 1 3 0 ¢ a d = o x o =u'0 3 3 3 wa I zw �z w K O o > _z a o Z zW + Jo O W o z0� 00 I o^ 3� Q 00 Q U �N Ot- 00 J �O JZ 0 II FQ OU d # zcrz O O J LLJCr z O� w U \ JOD U J OU I' N m J O \ OJ O Q W @jU U W w 7p w Q O II Ua J o o Q �N mz O V m Q Z Z a m0 O O Z^ WO '� 0 DO_ W~ w ZO Z O M z ° 1— U w V) w V) Z �C� W WO Y 1= N Vl 3 ZLu aN LLJ (ao �o� �w O'00 L F �Q )-� n Zww ¢x >a 0 O roams z N W 2 � � = N 00 x O X N N W v N G� O N 5 W W O OF a = a M v a a= 3Nc o ao � 03 2 O W H a JJ p ` � W U � V O N N O dNN Q O J 5 � c� STREET INTERSECTION CROSSPAN IARIMER COUNTY CONSTRUCTION REVISION NO 2 DRAWING URBAN AREA DRAWINGS STREET STANDARDS DATE 04/01/07 708 z 0 L Q Q V X (Varies See Plans Xmax=2 0) — L—� 1 1/4 I See 11038 I 6 SECTION B—B Notes 1 Length of steel plate vanes 2 Chase and cover plate run from Right of Way line to flow line unless approved by the Engineer With curb walk cover plate extends from property line to top of walk face PLAN VIEW L= 1 1/4 x 1 1/4 x 1/4 a 3 #4 Bar Welded at 12 on —� SECTION C—C center Nelson Standard Anchor or equivalent (typical both sides) e 5/8 Rolled Steel Tread Plate 1 /2 x 1 Flat Head Mach — Screw Brass or Electro galv finish 12 on center (typical both sides) Angle iron to be drilled and threaded to receive screw Concrete to be drilled to allow screw to extend into the concrete (typical both sides) COMBINATION CURB GUTTER AND SIDEWALK \//\\j/�\\\\///\\//�\\i\\\j��\// / n 6 VERTICAL CURB GUTTER AND SIDEWALK SECTION A —A (2 VIEWS) STANDARD DETAILS FOR DRAINAGE UNDER SIDEWALK LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO 1 DRAWING URBANSTREET STANDARDS DRAWINGSDATE 04/01/07 1 709 A 6 IN STEEL DECK RING WITH �21 LE HEAVY DENVER COVER BY MAIN. STEEL OR APPROVED EGUAL WITH I FT % IT I b 6 IN. �I IN THICK S (TYP BOTH SIDES) BOTH SIDES) 6 IN SEE DETAIL A ` ELOV LINE rauT.DES) 1 ET OPENING 11 FT R 85 PLUSH . WITH CURB PACE A PLAN VIEW NTS 1 112 IN R b 2 IN 11 IN MA /MIN \\ �21 B IN 1 10 IN EMBEDMENT IN LONG 6 IN L.iB5 BAR 1 1/2 IN PIPE SPACER AND 1 1/1 IN LOCK NUT ^1 1/4 IN DIA X 21 IN GALV STEEL ROD THREADED 3 1/2 IN AT TOP I/1 IN 3 IN % 3 IN. X 3/8 IN. PLATE 2 FT 1 FT 6 IN S>�URB FACE g [K CURE OF ASNSpELMBLY DETAIL MAN WGS B 12 IN OC IA SLOPE FOR DRAINAGE 6 IN I SECTION A —A I ,ME FOR 1 SECTION B—B E%TEND CHANNEL OUTSIDE CURB FACE ASSEMBLY DETAIL WALL EDGE OF WALL GENERAL NOTES gpF S 2 FLOOR OoOF ��I�NLL�ETTE SMALL SEE D 7B FOR C BE SHAPED WITH EMENT 5 MATCH SIDE WALK INLET D 6 BE SLOPE TO 3 D TO Dt�1�ENCONNECT10NS0 FORM INVERT 6 EXPOSED STEEL SHALL BE GALVANIZED IN RA O 3 MANHOLE RUNGS SHALL BE REOUIRED FOR ACCORDANCE WITH AASIITO M III INLET HEIGHT 1 FT AND GREATER 1 SIDEVALR_SNALL HE 6 IN THICK FOR 3 FT DETAIL A CURB INLET-4 FT OPENING FOR VERT CURB & GUTTER CITY OF FORT COLLINS STORMWATER APPROVED DETAIL UTILITIES CONSTRUCTION DETAILS DATE 11/ie/os D-7A au w FM CeODM DRAWN BY NBJ 4 FT 6 IN B L 2 FT A /401 8 IN OC--- I-..� 601 sol\ r lww%& 1�fi7/ ••O�• �IIR, 2 FT . rT c — SECTI❑N A -A NTS 408� 3 FT 5 FT 3 FT 11 FT 1 FT 2 FT 5 FT A 1402 / B4 ANCHORS PLAN VIEW NTS TABLE I BAR LIST FOR CURB INLET MARK DIA IN OE SPACING TYPE NO RED D LENGHT 401 8 IN 11 4 3 FT 10 IN 402 12 IN 111 a 7 FT 10 IN 403 12 IN IV 6 7 FT 4 IN 409 /2 IN 12 IN 17 14 x 4 12 IN • 3 FT 2 IN 406 1 1 12 IN 11 q 4 7 g FT 0 IN 408 12 IN VII 4 3 Fr 4 IN 501 1 5/8 IN 9 IN II 2 9 FT 0 IN 502 5/8 IN 9 IN 5/8 IN 9 IN 9 504 5/8 IN 6 IN 4 601 3/4 IN -8 t1l4 d503 BC85 - - 5 ANCHOR 1/2 IN 24 IN1 F TYPE II STMIW 405 TYPE III v ix TYPE IV Wu v 8 IN q��' TYPE 'ITTVARIBLE WITH HIGHT REFER TO TABLE 2 I KNI �I II Ix TYPE VII Ix L� 12 IN 70 LAP GENERAL NOTES BAR BENDING DIAGRAM (DIMENSION ARE OUT TO OUT OF BAR) I QUANTITIES INCLUD VOLUMES OCCUPIED BY PIPES STRUCTURAL STEEL REINFORCEMENT AROUND PIPES ARE NOT INCLUDED 2 KEY JOINTS WHERE VALSS CONNECT TO TOP SLAB AND BASE 3 REINFORCEMENT IN WALLS AND BASE SHALL BE 3 IN FROM THE SIDES EXPOSED TO EARTH REINFORCEMENT IN TOP SLAB SHALL BE 1 1/2 IN CLEAR SECTION B-B NTS FT I FT TABLE 2 OIIGNTTIFc ".DID. rc v'Tu .�11— H LENGHT .CY LB 402 405 404 406 CONE STEEL 3 FT 6 IN 10 6 3 FT 2 IN 2 FT 1 IN 10 6 4 FT 0 IN 12 8 3 FT 8 IN 2 FT 7 IN 12 8 4 FT 6 IN 12 8 4 FT 2 IN 3 FT 1 IN 12 8 5 FT 0 IN 14 10 4 FT 8 IN 3 FT 7 IN 14 10 5 FT 6 IN ]4 111 5 FT 2 I 4 FT 1 IN 14 10 6 FT 0 IN 16 12 5 FT 8 IN 4 FT ] IN 16 12 6 FT 6 IN 16 12 6 FT 2 IN 5 FT I IN 16 12 7 FT 0 IN IB 14 6 FT 8 IN 5 FT ] IFL IS 14 7 FT 6 IN IB 14 7 FT 2 IN. 6 FT 1 IN IB 14 8 FT 6 IN 20 16 7 FT 8 IN 6 FT ] IN 20 16 8 FT 6 IN 20 16 8 FT 2 IN 7 FT I IN 20 16 9 FT 0 IN 22 IB 8 FT 8 IN 7 FT 7 IN 22 18 9 FT 6 IN 22 22 9 FT 2 IN FT 1 IN 22 22 10 FT 0 1 24 24 9 FT 8 MI: FT 7 IN 24 24 CURB INLET-4 FT OPENING FOR VERT CURB & GUTTER (REINFORCEMENT) CITY OF FORT COLLINS STORMWATER APPROVED DETAIL UTILITIES CONSTRUCTION DETAILS DATE 11/21/02 p_7B city of FaNU DRAWN BY NBJ SECTION 00610 PERFORMANCE BOND Bond No KA3609 KNOW ALL MEN BY THESE PRESENTS that (Firm) Vogel Concrete, Inc (Address) 6330 S College Ave , Fort Collins, CO 80525 , (a Corporation), hereinafter referred to as the "Principal" and (Firm) Contractors Bonding and Insurance Company (Address) P O Box 9271, Seattle, WA 98109-0271 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 $ 1,383,689 52 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 25TH day of March 2008 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6046 Concrete Maintenance Project NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void, otherwise to remain in full force and effect 7/96 Section 00610 Page 1 A /6 IN STEEL DECK RING CWITH OVER r 24 LE HEAVY DENVER CQUAL BY I\ 6 IN SR DR APPRDECK RING EQUALrT b THICK SIDEWALL YP S I BOTH SIDES)S) 6 IN 6 IN —+I FZ i� \ \�- - SEE DETAIL A \ _� WARPED CURB 6 A FT OPENING LOW LINE GUTTER (TYP BOTH SIDES) L11 FT A PLAN VIEW 8 [85 FLUSH NTS WITH CURB FACE 144 am 8 1 1/2 IN. R IB IN LONG 1/4 IN. 1 IN. LEG 2 1N T 2 IN AI MpN. % MIN 6 IN I /21 NS BAR 1 1/2 IN PIPE SPACER AND 1 1/4 IN LOCK NUT 8 N 4N 1 1/4 IN DIA X 24 IN. GALV STEEL ROD THREADED 3 I/2 IN AT TOP 1/K IN 10 IN EMBEDMENT 3 IN % 3 IN % 3/8 IN PLATE 2 FT % FT �I _ J 6 IN SE�URB FACE g C �CURA OF ASSpELNBLY DETAIL RUjM 12 B IN OC 1/ SLOPE FOR / DRAINAGE CURB FACE ASSEMBLY D TAI GENERAL NOTES 1 SEE D 8B FOR REINFORCEMENT 5. TOP SLAB ?F SHALL BE SLOPE TO MATCH S DE 2 FLOOR OF CCI N CET SMALL fCNN INVERT WITH T8 dld4"GONNEC TION$ INKET E 6 EEL BE IN 3 MANHOLE RUNGS SHALL BE REQUIRED FOR pCCORDgNCESED VITHMALL Ap$HTD M IIIGALVANIZED INLET HEIGHT A FT AND GREATER p SIDEWALK SHALL BE 6 IN. THICK FOR 3 FT ON EITHER SIDE OF INLET �N 6 IN SECTION A —A IR SECTION B-B EXTEND CHANNEL 6 IN TO OUTSIDE WALL EDGE OF WALL 3 IN RAD � I IN DETAIL "A CURB INLET-4 FT OPENING DRIVE —OVER CURB & GUTTER APPROVED CITY OF FORT COLLINS STORMWATER DATE 11 Cdtlu UTILITIES CONSTRUCTION DETAILS YZ'�02 DETAIL D-8A [Il�d Ywt DRAWN BY NBJ 6 IN z_ H I B v � 1 M L 17 IN T 14 FT A f A -..*.J PLAN VIEW NTS TABLE 1 BAR LIST FOR CNRR INI FT NARK DIA DC TYPE NO. LENGHT IN SPADING RED D 412 8 W II 4 3 FT 10 IN 104 I + 12 N III • 7 FT 10 IN FT 4 IN 407 I/2� BA IE N 0 14 09 410 1i�z INN FT2 IN. iQRi i 412 II 1 93 FT % IIN 12 W VII 3 501 5/8 IN 9 D4 a 2 9 FT 0 IN 502 5/8 IN 9 IN 0 t 4 FT 6 IN 503 5/B IN 9 IN 11 1 9 FT 0 IN 504 S/B IN 6 IN VIII 2 4 FT 8 IN 601 3/4 IN - 1 B FT 10 IN BESS t SFT ON ANLIIOR 12 1N 24 IN. - 2 1 FT 6 IN n Ll= I oNT TYPE Stral< TYPE III 11 20 IN u 34 IN�� TYPE IV U20 IN 9 IN U VARIBLE VITH Ii11347 REFER TO TABLE Z TYPE VII I N Bent o IN TYLoW 12 IN[M LAP BAR BENDING DIAGRAM GENERAL NOTES (DIMENSIONS ARE OUT TO OUT OF BAR) 1 QUANTITIES INCLUDE VOLUMES OCCUPIED BY PIPES STRUCTURAL STEEL AND REINFORCEMENT AROUND PIPES ARE NOT INCLUDED 2 KEY JOINTS WHERE WALLS CONNECT TO TOP SLAB AND BASE 3 REINFORCEMENT IN WALLS AND BASE SHALL BE 3 IN FROM THE SIDES EXPOSED TO EARTH REINFORCEMENT IN TOP SLAB SHALL BE 1 1/2 IN CLEAR NSECTION A —A SECTION B—B TABLE 2 MANTITIES VARIAW F WTN NEICYT H o F1EOb LENGNT 4Nf 403 1 4"406 CONC STEEL 3 FT ON 10 6 3 FT 2 IN 2 FT 1 IN 25 21D 4 FT 0 IN 12 8 3 FT 8 W 2 FT 7 IN 16 230 4 FT 5 IN 12 0 4 FT 2 IN 3 FT 1 IN 2B 278 5 FT 0 IN 14 10 44y FT 8Z IN 3 FT ] IN 19 238 8 6 IN 1g 1] IN R 4 FT 1 IN 3.1 11 282 5 8 W 4 R ] IN 5 FT 5 IN 16 12 6 FT 2 W S FT 1 IN 3.4 288 7 FT 0 IN 18 f4 8 FT 8 IN 5 FT 7 IN 35 306 N 4 8 FT 6 IN20 16 8 FT 2 IN 7 FT 1 IN 4 D 310 D FT 0 IN22 18 8 FT 8 IN 7 FT 7 IN. 4l 360 D FT B W 22 18 D FT 2 IN 8 FT 1 IN 43 US 10 FT 0 IN 24 20 9 FT 8 IN B FT 7 IN 44 386 C� INLET-4 FT OPNG FOR DRIVE -OVER CURB & GUTTER (REINFORCEMENT) CITY OF FORT COLLINS STORMWATER APPROVED DETAIL UTILITIES CONSTRUCTION DETAILS DATE 11/25/02 p_88 City ofred CMIim DRAWN BY NBJ A-7 EXTEND WALK 1 FT BEYOND NORMAL BACK OF WALK 3 FT ` 6 IN 604 BARS AT 11 IN OC 31 1 FT C '�" C I L 6IN THICK 5 KS BARS AT SI➢EVALK 9 IN DC (TYP) 8C B 5 WITH 1 1/2 IN DIA HOLE IN CENTER - EXTEND CHANNEL TO 4 FT OUTSIDE EDGE OF WALL 1 FT 6IN 2 113 BARS AT WALL fiYPl 6 IN, OC B B L BACK OF CURB 6777IN''' / O \ SEE DETAIL A J yAN B IN R D j N FLDVLINE 04 BARS AT 2 FT GARTER CURB 6 L 12 IN ac GUTTER (iYP) I —I DETAIL A T 6 111. A FT OPENINGfT N 11 FT 2 FAN. _ 5 FT 6IN SEE DETAIL A � B /4 BARS 1 6IN DETAIL B 6 IN /5 BARS B 1/2 IN BC85 RUSH Ix �E-^ 6I WITH CURB FACE 11/2 IN R 8 41NAR Tµ 1LONG A4 BARS /4 IN 1 IN LEG I /4 BARS-12 IN OC 2 IN T BOTHWAYS —2 I SECTION A —A [NJ 41 6 IN 6 IN 2tl = ASBAR ` 3 Fi 6IN I FT 0 IN 3 FT a VARPEO GUTTER 6IN DEPRESSED GUTTER WARPED GUTTER I 1 /2 IN PIPE SPACER AND 1 1/4 IN LOCK NUT STOP DF CURB 2 IN B IN > T 4 IN I- STEEL ROD THREADED 31N _____ _________ -- 3 1/2 IN AT TOP ----- I NORMAL n ROW LINE TERED FLOW LINE 6 IN .IN SECTION R-R 3 IN PLATE 3 IN X 3/8 IN 1 (REINFORCEMENT NOT SHOWN) 6 IN DETAIL B 11 FT O IN t Fr GENERAL NOTES / 4 BARS 5 BARS 1 SIDEWALK SHALL BE 6 IN THICK FOR 3 FT ON 6 IN EITHER SIDE OF CULVERT T— 2 TOP SLAB OF CULVERT SHALL BE SLOPE TO I ADD 1 / 4 BARS ADD 1 If 4 BARS MATCH SIDEWALK SEE D-6 t+ 1/2 IN 3 EXPOSED STEEL SHALL BE GALVANIZED IN ACCORDANCE WITH AASHTO M-Ill 4 KEY JOINTS WHERE WALLS CONNECT TO TOP SLAB AND BASE 4 BARS-12 IN OC 5 REINFORCEMENT IN WALLS AND BASE SHALL 90THWAYS BE 3 IN FROM THE SIDE EXPOSED TO EARTH SECTION C- C REINFORCEMENT IN TOP SLAB SHALL BE 1 1/2 IN CLEAR CONCRETE SIDEWALK CULVERT FOR VERT CURB GUTTER AND SIDEWALK CITY OF FORT COLLINS STORMWATER APPROVED DETAIL DATE 12/19/00 UTILITIES 4U d Pat Catlin CONSTRUCTION DETAILS D -12 DRAWN BY NBJ 0 3 PT I FT N C 1r1NTHICK L 4 FT 6 IN ILL 1 1 r / 1 IN t 11 IN 4 IN 04 BARS Al N 12 I N c EXTEND WALK 1 FT BEYOND NORMAL BACK OF WALK 6#4 BARS AT It IN OC 31 3 FT 6 IN 4 FT OPENING 11_FT A-- 1 DETAIL "B" 8C 8 5 FLUSH WITH CURB FACE 2 IN 1 2 IN q 1 6 IN / 8 IN 4 IN 3 IN X 3 IN X 3/8 IN PLATE 1 1/2 IN R 1/4 IN-1 IN LEG II 5 #5 BARS AT p.,.� 9 IN OC 1 11 2 45 BARS AT 41 6 IN DC BACK OF CURB #4 BAR 18 IN LONG II SEE DETAIL A 8C85 WITH 1 1/2 IN DIA HOLE IN CENTER - EXTEND CHANNEL TO OI ITCPIF Ff1CF I F ., I DETAIL "A" RAID 3 FT 6 IN _ 2 FT 0 IN _ 5 FT 6 IN SEE DETAIL B d4 BARS I 6 IN 6 IN NS BARS 8 1IN 1 17 SLOPE 1 6 IN #4 BARS A4 BARS-12 IN 0 C BOTHWAYS SECTION A —A 6 IN 3 FT 6 IN - 4 FT 0 IN 3 FT 6 IN p 5 BAR WARPED GUTTER DEPRESSED GUTTER _ _ WARPED _ GUTTER TOP OF CURB 1 1/2 IN PIPE SPACER AND 1 1/41N LOCK NUT 1 1/4 IN CIA X 24 IN GALV 1 1 IN STEEL ROD - THREADED 3 1/2 IN AT TOP NORMAL FLOW LINE - ALTERED LOW LINE 3rN _ 6IN SECTION B—B (REINFORCEMENT NOT SHOWN) r _ 61N _ DETAIL "B" GENERAL NOTES, 1 SIDEWALK SHALL BE 6 IN THICK FOR 3 FT ON EITHER SIDE OF CULVERT 2 TOP SLAB OF CULVERT SHALL BE SLOPE TO MATCH SIDEWALK SEE 0-6 3 EXPOSED STEEL SHALL BE GALVANIZED IN ACCORDANCE WITH AASHTO M-Ill 4 KEY JOINTS WHERE WALLS CONNECT TO TOP SLAB AND BASE 5 REINFORCEMENT IN WALLS AND BASE SHALL BE 3 IN FROM THE SIDE EXPOSED TO EARTH REINFORCEMENT IN TOP SLAB SHALL BE 11 FT 0 IN 1 FT 1 K 4 BARS H 5 BARS 6 IN 1 ADD 1# 4 BARS ADD 1 p 4 BARS 14 1/2 IN I - , 1 k 4 BARS-12 IN GO BOTHWAYS SECTI❑N C—C CONCRETE CULVERT FOR DRIVE -OVER CURB, GUTTER AND WALK clry of FORT COLLINS STORMAPPROVEDWATER DETAIL �rtrai. UTILITIES CONSTRUCTION DETAILS DATE 12/20/00D-13 DRAWN BY NBJ Ei A 0 C� B �� L� O �� —NO 12 GRATE AND FRAME BY MaCLEAR OR APPROVED EQUAL A PLAN VIEW 35 3/4 IN F 23 3/4 IN I \ ,z—a 12 IN MIN IN CR OF INLET GRATES 2 IN CIR L F l �I /4 BAR` 2 \ —_ / J /m O 12 IN 1U41 CTRS (TYP) w UPN QCUND CONCRETE_/r /0 _�I0'12 IN MA%STEPIF� BRACING 6 IN TYPICAL WALLS AND FLOOR PIPE 00 3 IN OR OF yam} q 2 IN OR L F CI U O 12 1N CT CTRS (TYP ) 1 /4 O 12 IN CTRS SECTION A —A SECTION B—B GENERAL NOTES 1 AREA INLETS MAY BE USED FOR DRAINAGEWAY OTHER THAN STREETS (EXAMPLE PARKING LOTS MEDIANDS SUMP BASINS) AREA INLET CITY OF FORT COLLINS STORMWATER APPROVED DETAIL UTILITIES CONSTRUCTION DETAILS D av a roN DMnr ATE 12/8/00 D - 9 A DRAWN BY N8J h z/< <> 8/S 6f th LC 31vH9 0 6f —Jf— i 1 �I v dal u c- ei u q °E 0 o t in x N r td N ' LL x N L � � Q L e a ' LL F CN N N 7- YG Q I`P S Cn 1 o ST � E� JGJ[ u zb,a3 L G x2 ? GdLL■ 7 NjILJi ^Y N Lo P1 I P ooaaaa � ti ooaaoa NLLJ i �. 000�oa �� 8 L GV • ,& Q U 7^ P1 a L z o _ C f d N C V w O z Y J W V) fd _J Q w � W W � CO zN11, 0 U Qcr mw 00 = p UO J Z L Q > Vm -1c; `O OZLIJ � z O Z LL LL, Alley ROW FYP ) Walk Parkway Truncated Dome Warning Detection ROW (fYP ) Walk Parkway Border Drive Over or Vertical Curb & Gutter 0X10 Construction JojCurb SIGHT Curb AREA 0 Curb T505concrete 1 12 Walk Truncated Domeyyarnmg Detection Parkway \ 0 3 Curb FED 6 Curb STREET ALLEY W/ SIDE DRAINAGE Drainage may Cross the Walk up to a aximum of 0 5 cfs for the Design 2 Year Storm Alley FE \ i \ '+ Concrete Alley Drainage Inlet or Other Drainage Collection System shall be designed for 2 year storm minimum 10X10 10X10 SIGHT AREA / \\ \ SIGHT 1 AREA 1 24 o 8 minimum thick I 0 r concrete I 1 _24 Walk 0 Curb ^� 0 Curb parkway Warnng Detection See Tables 8 1 & 8 2 For Radii STREET Requirements ALLEY W/ CENTER DRAINAGE Drainage may Not Cross the Walk unless The Water is Sheet Flow and does not interfere with Pedestrian use of walk ALLEY INTERSECTIONS LACOUNTY URBAN CONSTRUCTION REVISION NO 2 DRAWING URBAN AREA DRAWINGS STREET STANDARDS DATE 04/01/07 803 Depress ring 1 /4 to 5/8 below adjacent finished street grade Final asphalt lift overlay or grade adjustment Existing base course Support with Steel Shims and pack with High Strength Grout Slope up to match finished pavement NOTE 1 Grout shall be a mixture of 100 Ibs Grout mix 26 Ibs water (3 12 Gal) and 100 Ibs of sand conforming to ASTM C 35 2 Manholes shall not be located in crosspans gutters or wheel path 3 Shim and grout to make ring and cover flush with the finished Pavement surface STANDARD MANHOLE COVER Straight cut around ring Concrete grade ring to match slope or finished grade Shim / Grout Grade ring _ Manhole LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO URBANSTREET STANDARDS DRAWINGS DATE 08/07/00 DRAWING 1201 Driveway A Detached Sidewala Stlewalk A ;Aftachedtlewalk TC 6 0MnFL LIP 8 Commercial 6 Residential 12 Expansion Joint Material 12 Expansion I Joint Material LDETACHED ATTACHED 6 SIDEWALK DRIVEWAY SIDEWALK SECTION A -A All Sidewalk Thickness Shall Be 6 minimum NOTE 1 Sidewalk grade shall remain consistent across driveway 2 For driveway design requirements see CONST DWG 706 6 707 3 This detail applies to Residential & Commercial dnveways STANDARD SIDEWALK LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO 1 DRAWING URBAN DRAWINGS STREET STANDARDS DATE 04/01/07 1601 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, this28 day of March 2008 — IN PRESENCE OF (Corporate Seal) IN PRESENCE OF IN PRESENCE OF (Surety Seal) NOTE Principal Vogel Cote, Inc c .L� (Title) 6330 S College Avenue Fort Collins CO 80525 (Address) Other Partners By By Surety Contractors Bonding and Insurance Company By _ (/`�Z A torney-in- act By P O Box 9271, Seattle WA 98109 ¢Z 'IOING' , (Address) ='�t0 GORPO9O���G / y: m �r z � �n u , Date of Bond must not be prior to date of Agreement % �97 If CONTRACTOR is Partnership, all partners should execute Bobs/dY& I 9 y1hG T ON`� 7/96 Section 00610 Page 2 d d 8 b NOTE Construct sidewalk with pints at 10 intervals and aligned with sconng on curb d ATTACHED SIDEWALK DETAIL /- Landscaping Slope Minumum i/R Maximum 3 /R Slope sidewalk DETACHED SIDEWALK DETAIL a R 1 /8 1 /4 SLAB THICKNASS d /44 t d 4 WEAKENED PLANE JOINT 2 min ° �12 Expansion / I Joint matenat Y d INSTALL IN LOCATIONS SPECtIED ° IN CHAPTER 22 EXPANSION JOINT SIDEWALK DETAIL LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO 2 URBANSTREET STANDARDS DRAWINGSDATE 04/01/07 G DRAWING 1602 o 2 (Radius vanes) � \ o Curb to retain Transition o ground behind the \back of walk m , Truncated Dome walk if needed (typ) Warning Detection Wood float �P finish thru z ° ramp °y" ro F �2 Walk Broom finish Curb a \`0 0ya. Gutter 0 `�xn� tr � Curb (optional) CORNER LOCATION Only if needed Wood float finish thru ramp Transition back of walk (typ112 ) Wall k Broom finish ll pe Broom finish Curb (max) max) Gutter _ A 6 5 6 Truncated Dome z (min) (min) Warning Detection 5 MID -BLOCK LOCATION Y at the corners of the LL truncated dome warning ° 2 0 6 Y � truncatetl dome warning detection 1 25** AL Slope (max) o ° l SECTION A -A ° NOTES 1 6 Thickness applies to entire ramp area 2 1 25 Unless a landing behind ramp (then ramp can be 1 12 with 1 20 on the truncated dome warning ) 3 See CONST DWG 1606(a) and 1607 for Fort Collins 4 See CONST DWG 1614, 1615 and 1616 for Loveland ACCESS RAMP DETAILS LARIMER COUNTY CONSTRUCTION REVISION NO 1 DRAWING URBAN AREA DRAWINGS STREET STANDARDS DATE 04/01/07 1603 ARTERIAL 0 E ROW Line 9f ARTERIAL / COLLECTOR J 2 Q u W R=6 � m Q ys � 9 P ,�o J Q ROW Line 10 6 H 10 5 (min) W Q 6 15 ARTERIAL / ARTERIAL ARTERIAL / COLLECTOR For Corner Radius > 35' DETACHED WALK / INTERSECTION DETAIL LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO DRAWING URBAN DRAWINGS STREET STANDARDS DATE 08/07/00 1604 Note Use of this detail requires special approval in Fort Collins by the Local Entity Engineer DETACHED WALK / INTERSECTION DETAIL LARIMER COUNTY CONSTRUCTION REVISION NO 2 URBAN AREA DRAWINGS STREET STANDARDS DATE 04/01/07 DRAWING 1605 I5 TRANSITION A 05 TYP\ /15 7RMS17ION / )o0o0o0 0 4 1000000 0 t° 0°000 o CURB o^ ^o^o^ floree Opbon LL W LL W GU LL Truncated Dome Wo nmg Oeleet an +FLARE OPTION, o o c A IV/ 0 o°c Do o° 7rumale0 Dome e MIN I 30 0c Wonmg Detect an t It Max 0 o ( 0 6 CURB DO o ooc 0 CURB — o0c )o 00c ono' t_ CURB OPTION n 2 CURB ts6 or as spec f" t 25 slope (moz) R i 12 SLOPE MAX ROMLINE STANDARD CRAP CONCRETE � LIP Of GUTTER 6~ RAMP NTH PARTIALLY COLORED CONCRETE PLAN VIEW SECTION A -A NTS NTS, NOTES 1 NO JOINTS ARE ALLOWED IN THE FLOWLINE SIX INCH WIDE CURB OR DUMMY JOINT MAY BE TOOLED NO CLOSER THAN 6 INCHES FROM FLOW LINE AS SHOWN 2 MINIMUM CONCRETE THICKNESS IS 6 INCHES 3 JOINT PATTERN TO BE ACCORDING TO INTERSECTION GUTTER DETAIL OR AS DETERMINED BY THE LOCAL ENTITY 4 WOOD FLOAT FINISH IS REQUIRED OVER THE SLOPED SURFACE CF RAMP AND FLARES 5 A 6 INCH WIDE CURB MAY BE POURED AT THE BACK OF THE RAMP AS SHOWN IF REQUIRED IF CURB IS USED IT SHALL MATCH THE CURB AND GUTTER STYLE OF ADJACENT CURB AND GUTTER 6 MINIMUM RAMP WIDTH SHALL BE FOUR FEET OR THE SAME AS THE WIDEST ADJACENT SIDEWALK WHICHEVER IS GREATER UP TO A MAXIMUM WIDTH OF 8 FEET 7 THE RAMP LANDING MAYBE POURED MONOLITHIC WITH THE ADJACENT TRANSITIONS PROVIDED THAT AN APPROVED SHAKE ON PIGMENT BE USED TO COLOR THE LANDING AREA 8 T= THICKNESS (AS SPECIFIED ON PLANS OR LOCAL ENTITY ENGINEER) PEDESTRIAN RAMP DETAIL (For New Const & Alterations LAURBAN AREA COUNTY CONSTRUCTION REVISION NO DRAWINGS 1 DRAWING URBAN STREET STANDARDS DATE 04/01/07 1606 FORT COLLINS ONLY d N MIewpis OUGj N Q 2 6 y a a a na m'o coo a � o o< >o LL N � Y VJ 0 0 x u — ^ d � L o 3 U a _ a 0 _ U 3 �Iz a`oa `$PEE as c i ns 06 a E c c _ m c M o L c ao a n H a c m a+o NY c MO J Yo w n e ? �oQ 2I� N H RESIDENTIAL LOCAL STREET ACCESS RAMPS LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO DRAWING URBAN DRAWINGS STREET STANDARDS 1 DATE 04/01/07 16 0 6(a', FORT COLLINS ONLY E E e e 0 —=' oE(v' �E c� "' �" + o y42 Aj C O AVariesD m N +N +E + �, + u, + a 2e o NNNNN — LE (( �w m ( c LL c m y � v E — °' o f E w f a m o m ^:g 2 o m n t aNpn L =�=�dH��_aaaoo a iJ�C o a a H <n c F o` o O O v p t00 0 ow ✓ o CLO Van s O Ot Z E a 0 r N 2 E <a m lL LJ N C N U a� Q o ' C (/J N E ay a E E 0o �d c ea a 4iµ. mou gevp 1 O ( 1 ti m to U c )oo Q Vanes r� O ob Q 62 o 0 q r irjp Bgino )o( r ? o p c� ¢ LLo� COO. TRUNCATED DOME WARNING FOR ACCESS RAMPS LAURBAN AREA COUNTY DRAWINGS CONSTRUCTION REVISION NO DRAWING URBAN STREET STANDARDS DATE 04/01/07 1607 4 Min Flat Rest Area 4 Min 12 M f f�x Show street surface SECTION A -A Minimum area of nose island 50 ft' Truncated Dome Warning Detection (Hp ) A Min 4 A a aoo 6 Stop Bar at Min traffic signals Sidewalk width shall conform to width requirements for the street classification NOTES I No storm water shall drain through pedestrian refuge 2 Pedestrian refuge area shall be in line with cross walks 3 Crosswalk to line up with ramp & Refuge Area MEDIAN ISLANDS & PEDESTRIAN REFUGE AREA LARIMER COUNTY CONSTRUCTION REVISION NO 2 DRAWING URBAN AREA DRAWINGS STREET STANDARDS DATE 04/01/07 1608 4 0 (Min Width) Sidewalk Addition e a NOTES Faicfinn Avio�ni�l4 ADDITION TO EXISTING SIDEWALK 1 New walk additions shall be placed to the same line and grade as the existing walk 2 Match transverse tooled joints to existing tooled joints TOOL JOINT FOR WALKS NOTES 1 Joint shall be cut 1 /4 thickness of initial concrete tool joint for walks SIDEWALK WIDENING DETAILS LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO DRAWING URBANSTREET STANDARDS DRAWINGS DATE 08/07/00 2501 §e U s A N � a 8 a ±* z FE � Ea s� e � y r. 4 �Q V u Z,NF II I�j W � QO 0 W 03 • ya SECTION 00615 PAYMENT BOND Bond No KA3609 KNOW ALL MEN BY THESE PRESENTS that (Firm) Vogel Concrete, Inc (Address) 6330 S College Ave , Fort Collins, CO 80525 (a Corporation), hereinafter referred to as the "Principal" and (Firm) Contractors Bonding and Insurance Company (Address) P 0 Box 9271, Seattle, WA 98109-0271 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 $ 1,383,689 52 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 25TH day of March 2008 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6046 Concrete Maintenance Project NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect 7/96 Section 00615 Page 1 / 25 d) l' S Y is „z 0 z {. z a ^ M IT Q N £� a € S c g_ n rTl 7 ^ �+ V g�� O u z w H r r V"n N y ~ a ob r V � I�qq S � _o P O O # oah m C. p z oo�frn o v.oa LLppl� K � O o u • * 3 io c g PzP ��r N c E S E Vg�Y Y o ih W �J agog R No Text | \ / / � \} \ ®y /!! »R ; in SECTION 03500 PROJECT MAPS In order of priority Dakota Ridge Larkborough Wood West Wildwood Stover Street Remington Street Village West Warren Farms �a-*x t �w • �"S .,� -. •- i S y � .1 �','��Yr e�A!°.. : �:rs .�n�r,; . .,"r'�. .'+�►''�YI ',i�,./ aii' � r y� d r Ajr }t{�" "tyre t u—+R� lvit.���ryyyx e r Q _try - - - - �,,y �.• Y I•{ f F LL; v pr, T At All y � ; r k. t4 ,`'w _ •wrap '_ . �IL �• � il � � 'tom r�''•• a_'`i '� �. _e. !' � i ' � �- ,�"'i+tfi '. ,t •lib VA y naF�t• �"y':W'-•t•tir .�:-iF•-r:. �.—�„ 4 , y` �«,.Y. •���.. �� t � T' u ;! . ii —IF77 r i K .. er 1•i �+�I A ..�.J..- :+k . � TA' ter' ,'�!• ^ Nr' �i '� K`y{i �¢ � .��. <�s � yy - its _ i ♦�'. .i .w E ,� iyWIN J ei�i Atm wee +SGa n �!l4 t�f� �wT� s L. Y 7^"4!►�1:�� Zr�C•." !. :�',. �. �,�" ^Sf L A�Fi a' Pilw Y . w jib Wl:m iL7 1 �� •�, "+��., ��`� �Y..m � rC '.L �,` 7, '"^a sir `u� sa ,> �, i �Vie'/ a.,,+^" ` it �L,��f� *' ht_ / � / • t � 17 1'��AokiLA ;tlL��r w.': <.�� rs� �wr r � •'i'�'� 1, �`!u; f �44't`-ti""Y' e•. 4N�i "fir, �; ���..... �"� ~ ��� •ww. - _ __ �p ��� } • � °... r } � w �4 vie -' - AL: � •� _. V i No Text 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 1s executed in three (3) counterparts, each one of which shall be deemed an original, this28th day of March 2008 IN PRESENCE OF (Corporate Seal) IN PRESENCE OF Principal ogel Con ete, Inc By (Title) 6330 S College Ave , Fort Collins, CO 80525 (Address) Other Partners IN PRESENCE OF Sure tyContractors Bonding and Insurance Company —YJSY�21new�1 �M By Attorney -in- act By P 0 Box 9271, Seattle, WA 98109-Q27.1"""� (Surety Seal) (Address) GpRP0 , !�0 i 9 NOTE Date of Bond must not be prior to date of Agreement a s 7w4 % If CONTRACTOR is Partnership, all partners should execute%Swo �� J m m ; / Yo0' y (croN 7/96 ���...�. Section 00615 Page 2 No Text 41 C!L � �.. t"�Wt• '�'��Yi( �_ �*^ -{L�il f C� s� F �+ .ti f, .: i ��• •�''�" � .�'� YLyw u .. � � � � `.. �trA,tt Y 7 �. - u, �.. 1k. • � ` 1�f4: �i� .� „fir, "may {�., � A�;I t1 M,•IN" n Y y .. „[yA .. �� ��4r+'.a7� ., 461, Ir . r t � Y, ate, 1;: a �r i. � •.:<3�„•i •R+, t � �' . r- lI R*4a;!'!+'�, ' d �� .,� ,�''"�?lir� ��.�' ,� a•s �, � �r!1.,7i�,71 i�r1�G•-�`i� al''"'"" V Y✓ "1�.Arx its, . „�'"' ��,��� �• ®e � rev. R •p, �.l'�ICA�j k.. y[■k[ i* 4E. *. f•. 5L. %�'`— .J. 4?.k Iq, ,K'ka IW'�, ��J '7� L L t 1 iSSSi c ,.r ff��11iR•1��.,a T'��1 3^Y A^f1�1y,pu 4 iy 1C1�` t k. ,'.J����sl�, ...� F!`s��oYi� � .r : e�y� i„y •t .n `Y k • 19, I m CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages 00300 Bid Form 00300-1 - 00300-3 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Ai - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda Modifications and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS 7/96 Section 00300 Page 1 READ CAREFULLY - to be used only w4th the band specified herein SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance 7/96 Section 00630 Page 1 A ORD- CERTIFICATE OF LIABILITY INSURANCE OP ID OG DAM03,L28L08 VOGSL-1 03 28 OS PRODDOER THIS C RTIFICATE ISSUED AS A MATTER OF 1 FORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LBN Insurance Agency HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 4849 Thompson PkwY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Johnstown CO 80534 Phone 970-635-9400 Fax 970-635-9401 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA PLnnacol Assurance Concrete Inc FortlCO fins CO 805 -2594 NSURER D THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTN NS0. TYPE OF INSURANCE POLICY NUMBER DATE MMAMM GATE MMmDM' UNITS GENERAL LIABILITY EACH OCCURRENCE i PREMISES(E.PmXmu) S COMMERCIALGENERALLAMUTY N/A CWMS MADE 7 ]=LA MEDEXP(M,.,PI.) S PERSONAL&ADVINJURY S GENERALAGGREGATE $ GENLAGGREGATE LIMIT APPLIES PER PRODUCTS COMR/OPAGG S POLICY 71 JPEC LOC AUTOMOBILE LIABILITY COMMINEDSINGLELIMIT ANY AUTO N/A (E.. .ND t A4.1.00MEDAUTOS BODILY INJURY SCHEDULEOAUTOS HIREOAUTO.R BODILY INJURY t NON-0WNED AUTOS IFRM .q PROPERTY DAMAGE i IPr.rGM.M) DARAOE LIABILITY AUTO ONLY EA ACCIDENT S ANYAUTO N/A OTHER THAN EAACC S $ AUTO ONLY AGO EXCESSMMBMLLA LIABILITY EACH OCCURRENCE t OCCUR ❑ CLAIMSMADE N/A AGGREGATE $ i DEDUCTIBLE S RETENTION i S WORKERS COMPENSAT0 AND X TORY TAf ER A FIIPLOYERB LIABILITY ANY PROPWEraR/PMTNERIE%ECUTIVE 4102132 07/Ol/07 07/OS/08 EL EACM AOCIDENT t100000 0"1I RMEMMR EXCLUDED? E L DISEASE EA EMPI-ME 5 100000 NYm EL DISEASE POUCYLIMIT X 500000 SPECIAL PROVISXNI3 hbN A1MKW15IO OTMlR N/A DESCRIPTION M OPMAMNS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS I�M`DTCTw ARY uw� wnw City of Ft Collins Attn James B O Neill P O Box 580 Ft Collins CO 80522-0580 FTCOLLI SHOULDANYOF THE ABOVE DEHCReEDMUOn BE CANCELLED BEFORE THE EXPIRATMI DATE THEREOF THE ISSUINO INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOME TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATNXN OR LIABILITY OF ANY HIND UPON THE INSURER ITS AGENTS OR IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon ■ /L/1 PR r% I,ULUnnUv—DW ljjo HI16L tdE Ia IULDILLdI Ndl LI L000 Uu JUHIII YVUI/UUL AM-ev-1x IL: ZK I It-IGATE OF LIABILITY R°°ucER (9T0)223-0924 FAX (970)267-2231 Colorado BW Insurance Agency Inc INSURANCE DATEIMMIDDNYYY) 03/27/2008 THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1075 W Horsetooth Rd, Ste 106 Fort Collins CO 80526 HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW XSURED KL, Inc USA Vogel Concrete 6330 S College Ave Fort Collins CO 80525 INSURERS AFFORDING COVERAGE INSURERA Owners Insurance Co NAIC # 32700 MthRE IN$URERC INSURER INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANOINC ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR Mw DD' TYPE OF INSURANC5 POLICY NUMBER POLICYEFFECTNE 01/17/2008 POLICY EXPIRATION 01/17/2009 IMITS GENERAL LIABILITY X COMMER� Iµ GENERAL LWBI 11Y Q OCCUR 7409905208 EACHENCE j O00 NTED ax^sm) "A�G��n$ S 3� `CLAIMSMADE $ 5VIN'UPY S I D00EGATE $ 2 000GEN L ACGR-GATE LIMI APPLIES PER X POLICY JECT 0 LOC MPIOPAGG S 2 000 DO AUTONOBLE LIABILITY ANY A Q ALL Or+T.Ep AUTO) ( 4709905200 ' 01/17/2008 01/17/2009 COMBINED JIN(:LF I ]MIT Ex..&r $ 1 000 00 X BODILY INJURY IP5t Pe'e4D1 I; A G�"HEOLILEO ALIT05 rcIPEO AttTGs i X 'Il ED..11T I$ 4 BODILY IN URY (Pm asidarl $ PROPERTY DAMAGE 2me $ LITY AUTOONLY EAACGDENf S LIAINLIE� OTHER THAN EAACC f S AUTO ONLY AGG $ LLA LIAINUTYEACH OCCURRENCE SCIAIM$MADE AGGREGATE LE S WORKERS COMPENSATION AND EMPLOYERS LIABILITY INCOT ANY PROPRIETCRIPAR"NERJFXECUTNE OFFICERMEMBEP EXCLUCED7 $ OYE SL B yyee5.s 75�*-be „nCt PRCVI$ION$t¢P.v OTNER IMIT $ PoPTIOry OF OPERATIONS / LOCATIONS / VEHCLES I EXCLUSIONS ADDED BY ENDORSEMENT I srECIAL PROMSIONb T e certficate holder is named as an additional insured with respect to the ongoing operations of he named insured . _oonelrwre unI nvn ISHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THEISSUING INSUReM MLLENDEAVOR TO MAIL City of Fort Collins 10 DAYSWRT/TEn NOTICETO'11ECERTIHC TEHOLDERNAMEDTOTHE,£FT attn lames B O'Neill BUT FALURE TO MAIL 3UCH NOTICE SXALL IMPOSE NOOBLIGATN)N OR LIABIUiY PO BOX 580 OF ANY RJND U LN THE INSURER T13 AGE OR REP EWATNES Fort C011lns Co 80522 AUTRORMEDR ENTATNE I Resemary ACORD 25 (2001108) QACq0 CORPORATION 1900 bVLVIVIVV UN ItWUMIML IUA NIULUILLJI PIUI LI LUUV U4 JUPIII I VVL/UUL IMPORTANT If the certificate holder is an ADDiTIWAL INSURED the policy(es) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsement(s) If SUBROGATION IS RAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificafe holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001fo8) SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 2008 Renewal 6046 Concrete Maintenance Project PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER City of Fort Collins CONTRACTOR Vogel Concrete Inc CONTRACT DATE March 25, 2008 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated By CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12 01 a m , on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under Remarks" below CITY OF FORT COLLINS, COLORADO By OWNER REMARKS 7/96 AUTHORIZED REPRESENTATIVE DATE Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO Vogel Concrete, Inc Gentlemen You are hereby notified that on the _ day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 6046 Concrete Maintenance Project A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated March 25, 2008 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date Sincerely, OWNER City of Fort Collins By Title ATTEST Title 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins Colorado (OWNER) FROM Vogel Concrete Inc (CONTRACTOR) PROJECT 2008 Renewal 6046 Concrete Maintenance Project 1 The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project 2 In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U S C A 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project 3 The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project 4 The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the 7/96 Section 00650 Page 1 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims 5 The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project Signed this day of 20 CONTRACTOR Vogel Concrete Inc M Title ATTEST Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal My Commission Expires Notary Public 7/96 Section 00650 Page 2 Item No Description Unit Contract ZOOS Contract Cost Quantity Unit Price Total 60801 Remove Concrete SF 2300 $ 160 $ 3 680 00 60802 Remove and Haul Fillets EA 4 $ 5350 $ 21400 60803 Apron 8" - Remove & Replace SF 8075 $ 710 $ 57 332 50 60804 Crosspan 8" Remove & Replace SF 9575 $ 690 $ 66 067 50 608 OS Dn" veover Curb, Gutter & 6 Sidewalk Remove & Replace LF 13550 $ 38 35 $ 519,642 50 608 06 Dnveover Curb & Gutter No Sidewalk Remove & Replace L F 2100 $ 2275 $ 47,775 00 608 07 Vertical Curb Gutter & 6" Sidewalk Remove & Replace LF 564 $ 44 00 $ 2481600 60808 Vertical Curb & Gutter No Sidewalk Remove & Replace LF 620 $ 26 47 $ 16,411 40 60809 Vertical Outfall Curb & Gutter Remove & Replace LF 25 $ 2377 $ 59425 608 10 Barrier Curb 12" Remove & LF 175 $ 1890 Replace $ 3 307 50 608 11 Hollywood Curb Gutter & Sidewalk Remove &Replace LF 2500 $ 3564 $ 89 10000 608 12 Hollywood Curb & Gutter No Sidewalk Remove & Replace LF 1000 $ 2270 $ 22 700 00 608 13 Highback Curb & Gutter No Sidewalk Remove & Replace LF 25 $ 34 60 $ 865 00 608 14 Pedestrian Access Ramp Remove & Replace SF 10675 $ 7 59 $ 81 023 25 608 15 Pedestrian Access Ramp - Highback Remove & Replace SF 50 $ 9 69 $ 484 50 608 16 Truncated Dome Panel SF 650 $ 4)50 $ 26,325 00 608 17 Flatwork 4" Remove & Replace SF 50 $ 5 18 $ 25900 608 18 Flatwork 6" Remove & Replace SF 3450 $ 595 $ 20,527 50 608 19 Replace Flatwork V Additional SF Depth 50 $ 0 68 $ 3400 60820 Colored Concrete 4" San Diego SF Buff Up Charge 50 $ 083 $ 41 50 608 21 4' Valley Pan (6 ) Remove & SF Replace 18 $ 10 94 $ 1969 7/96 Section 00300 Page 3 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins Colorado (hereinafter referred to as the OWNER") CONTRACTOR Vogel Concrete Inc PROJECT 2008 Renewal 6046 Concrete Maintenance Project CONTRACT DATE March 25, 2008 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) L-75 ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact 7/96 Section 00650 Page 3 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFI DR 01n(1P ) DELAYERDOR CO DE PART V EW OF REVENUE C (3M)M22416 CONTRACTOR APPLICATION 61 FOR EXEMPTION CERTIFICATE Nirsuantto9f tie Sedfon39-M114(1xa)Q" iWa 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 awned and used by the exempt organization Ar y 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 (Seereverseside) FAILURE TO ACCURA TEL Y COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED Schell I d can M. n N h dine Eemna d amyl 1 d la 98 0170 750(999)$0 00 I dedem under penalty of perjury m the second degree Ural Me statements made m this application ere true and complete to the best of my knowledge Section 00670 Page 1 Special Notice Contractors who have completed this applioation in the past please note the following changes in procedure The Department will no longer issue individual Certificates Of exam piton to subcontractors Only pnme contrac tors will receive a Contractors Fxemption Certificate on exempt projects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the Project and complete it by filling in the subcontractors name and address and signing it The original Certificate should always be retained by the prime contractor Copies of all Certificates that the Prime contractor issued to subcontractors should be kept at the prime 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 projects This should be your permanent number For instance if you were assigned 89 12345-0001 every application submitted thereafter should contain 89 12345 on the appitcation The succeed ing numbers will be Issued by the Department of Revenue DO NOT enter what you believe lobe the next in sequence as this may delay processing of your application Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Docuttients Committee EJCDC No 1910 8 (1990 Edition] as a base Changes to that document are shown by underiming text that has been added and striking through text that has been deleted EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9199) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title Page Article or Paragraph Number Number & Title Number Number 1 DEFINITIONS I 1 2 PRELIMINARY MAI TERS 3 12 Addenda Agreement 1 21 y 3 Deliver of Bonds 13 Application for Payment I 22 Copies of Documents } 1 4 Asbestos j 23 Commencement of Contract 15 Did 1 Times Notice to Proceed 3 1 6 Bidding Documents 1 1 2 4 Starting the Work 1 7 Bidding Requirements 1 25 27 Before Starting Construction 18 Bonds 1 CONTRACTOR a Responsibility 1 Change Order I to Report Prelim mary Schedies 110 Contract D ocuments 1 Deliveryof Certificates of I I l 1 12 Contract price Contract Times I Insurance 34 28 Preconstruction Conference 4 113 CONTRACTOR 1 1 29 Initially Acceptable Schedules 4 1 14 115 defective Drawings 1 3 CONTRACT DOCUMENTS INTENT 116 Effective Date of the Agreement 1 1 AMENDING REUSE 3 1 3 2 Intent 4 117 1 18 ENGINEER ENGINEERS Consultant 1 1 33 4 Reference to Standards and Spear 1 19 Field Order ficatums of Technical Societies 120 General Requirements 1 2 RePornng and Resolving Dis 121 122 a Hazardous Waste Laws and Regulations Laws or 2 crepancies 45 3 4 Intent of Certain Terms a 1 22 b Regulations Legal Holidays 2 Adjectives 3 5 5 Amending Contract Docun eats 5 123 Liens 2 36 Supplementing Contract 124 Milestone 2 2 Documents 5 37 125 Notice of Award 2 Reuse of Dm ml ants 5 126 127 Notice to Proceed OWNER 2 4 AVAILABILITY OF LANDS 1 28 Partial Utilization 2 SUBSURFACE AND PHYSICAL CONDITIONS 1 29 PCBs 2 REFERENCE POINTS 130 Petroleum 2 2 41 Availability of Lands 56 131 Project 42 Subsurface and Physical 1 32 a 1 32 b Radioactive Material 2 Conditions 6 42 7 Reports and Drawings 6 133 Regular Working Hours Resident Project Representative 2 42 2 Limited Reliance by COb1TRAC 134 Samples 2 TORAuthorized Technical 135 1 36 Shop Drawings Specifications 2 2 Data 423 Notice of Differing Subsurface 6 1 37 Subcontractor 2 2 or Physical Conditions 6 138 Substantial Completion( 2 424 ENGINEER s Review 6 425 1 39 lement Suppary Conditions 2 Possible Contract Documents 140 ] 4 Supplier round F Undergacilities 2 Change 6 426 Possible Price and Times 142 Price Work 2 3 3 Adjustments 6 7 143 Work 43 Physical Conditions Underground 144 1 45 Work Change Directive3 3 Facilities 4 3 1 7 Shown or Indicated Written Amendment 3 7 4 3 2 Not Shown or Indicated 7 44 Reference Points T EJCDC OENEM CONDITIONS 1910 8 (1990 EDInOM W/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title 45 Asbestos, PCBs Petroleum Hazardous Waste or Radioactive Material 5 BONDS AND INSURANCE 5 1 5 2 Performance Payment and Other Bonds 53 Licensed Sureties and Insurers Certificates of Insurance 54 CONTRACTORs Liability Insurance 55 OWNERS Liability insurance 56 Property Insurance 57 Boiler and Machinery or Addi tuned Property Insurance 58 Notice of Cancellation Prrnssion 59 CONTRACTORS Responsibility for Deductible Amounts 510 Other Special Insurance 5 11 Waiver of Rights 5 12 5 13 Receipt and Application of Insurance Proceeds 5 14 Acceptance of Bonds and Inset ante OPtion to Replace 515 Partial Utilization Property Insurance Page Article or Paragraph Number Number & Title 78 9 9 9 10 10 10 CONTRACTORS RESPONSIBILITIES 11 6 1 6 2 Supervision and Superintendence 11 63 65 Labor Materials and Equipment 11 12 66 Progress Schedule 12 67 Substitutes and Or Equal" Items CONTRACTOR s Expense Substitute Construction Methods or Procedures ENGINEERS Evaluation 12 13 68 6 11 Concerning Subcontractors Suppliers and Others Waiver of Rights 13 14 612 Patent Fees and Royalties 14 613 Permits 14 614 Laws and Regulations 14 615 Taxes 1415 616 Use of Premises 15 617 Site Cleanliness 15 618 Safe Structural Loading 15 619 Record Documents 15 620 Safety and Protection 15 16 621 Safety Representative 16 622 Hazard Communication Programs 16 623 Emergencies 16 624 Shop Drawings and Sample* 16 Page Number 625 Submittal Proceedures CON TRACTORS Review Prior to Shop Drawing or Sample Submittal 16 626 Shop Drawing & Sample Submit talc Review by ENGINEER 16-17 627 Responsibility for Variations From Contract Documents 17 628 Related Work Performed Prior to ENGINEER s Review and Approval of Required Submittals 17 629 Continuing the Wcrk 17 630 CONTRACTORS General Warranty and Guarantee 17 631 633 Indemnification 17 18 634 Survival of Obligations 18 7 OTHER WORK 18 7 1 7 3 Related Work at Site 18 74 Coordination 18 8 OWNER S RESPONSIBILITIES 18 81 Comm unrcatictis to CON TRACTOR 18 82 Replacement of ENGINEER 18 83 Furnish Data andPay, Promptly When Due 18 84 Lands and Easements Reports and Tests 18 19 85 Insurance 19 86 Change Orders 19 87 Inspections Tests and Approvals 19 88 Stop or Suspend Work Terminate CONTRACTORS Services 19 89 Lunitations on OWNER S Responsibilities 19 810 Asbestos PCBs Petroleum Hazardous Waste or Radioactive Material 19 811 Evidence of Financal Arrangements 19 ENGINEERS STATUS DURING CONSTRUCTION 19 91 OWNER s Representative 19 92 Visits to Site 19 93 Project Representative 1921 94 Clarifications and Interpre- tations 21 95 Authorized Variations in Vbrk 21 E]CDC GENERAL CONDITIONS 1910 S (1990 EDItOM w/ aTY OF FORT COLUNS MODIFICAnoNs (REV 9/99) Article or Paragraph Number & Title Page Article or Paragraph Page Number Number&'Title Number 96 9799 Rejecting Defective Work Shop Drawings Change Orders 21 138 139 Uncovering Work at ENGI 910 and Payments 21 NEER s Request 13 10 OWNER May Stop the Work 27 28 28 911 912 Determmanais for Unit Prices Decisions on Disputes ENGI 21 22 1311 Correction or Removal of 913 NEER as Initial Interpreter 22 Defective Work 1312 Cmrection Period 28 28 Limitations on ENGINEERS 1313 Acceptance ofDefechve Work 28 Authority and Responsibilitieg 2223 1314 OWNER May Correct Defective CHANGES IN THE WORK 23 Work 2829 10 1 102 OWNER s Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND 103 Claim for Adjustment 23 COMPLETION 29 Work Not Required by Contract 1 q 1 Schedule of Values 29 104 Documents Change Order4 23 142 Apphcanon for Progress 105 Notification of Suety 23 23 Payment 143 CONTRACTORs Warranty of 29 CHANGE OF CONTRACT PRICE 11 1 3 Contract Price Claim for 23 Title 144 147 Review of Applications for 29 Adjustment Value of149� Progress Payments 14 8 Substantial Completion 2930 30 11 4 the Work Cost of the Work 23 24 2425 1410 Partial Utilization 1411 Final Inspection 3031 11 5 116 Exclusions to Cost of the Work 25 1412 Final Application for Pa ymnnl 31 31 11 7 CONTRACTORs Fee 25 1413 14 14 Final Pa �d Acceptance 31 118 Cost Records Cash Allowances 2526 14 15 Waiver of Clams mi 31 32 119 Unit Price Work 26 26 15 SUSPENSION OF WORK AND CHANGE OF (,ONTRAC[ TIMES 26 TERMINATION 32 121 Claim for Adjustment 26 151 OWNER May Suspend Work 152 154 OWNER May Terminate 32 122 123 Time of the Essence Delays Beyond CONTRACTORS 26 155 CONTRACTOR May Stop 32 Control 26 27 Work or Term ate m 3233 124 Delays Beyond OWNER and 16 DISPUTE RESOLUTION 33 CONTRACTORS Control 27 TESTS AND INSPECTIONS CORRECTION 17 MISCELLANEOUS 33 REMOVAL OR ACCEPTANCE OF 171 Giving Notice 172 33 DEFEC77YE WORK 27 C Computation of Times 173 33 131 13 2 Nonce of Defects 27 Notice of Clam 174 Cumulative Remedies 33 33 13 3 Access to the Work Tests and Inspections 27 17 5 Professional Fees and Court 13 4 CONTRACTORS Cooperation 27 Costs Included 176 Applicable State Laws 33 3334 OWNER s Responsibilities Intentionally left blank 35 Independent Testing Laboratory 27 135 CONTRACTORS EXHIBIT GC A (Optional) 13 6-13 7 Responsibilities Covering Work Prior to Inspec 27 Dispute Resolution Agreement GC Al Don Testing or Approval 27 161 166 Arbitration 167 GC Al Mediation GC Al EXT)C GENERAL CONDITIONS 1910 a (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (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 Article or Paragraph Acceptance of tihr p Bonds and Insurance 514 Number defechve Work 104 1 135 1313 final payment 9 IZ 14 15 Insurance 5 14 Other Work, by CONTRACTOR 73 Substitutes and Or Equal Items 6 7 1 Work by OWNER 25 630 634 Access to the Lands OWNER and CONTRACTOR responsibilities 41 site related Work 72 Work 132 13 14 149 Acts or Omissions Acts and Omissions CONTRACTOR 691 9133 ENGINEER 620 9 13 3 OWNER ¢ 20 89 Addenda definition of (also see definition of Specifications) (1 6 1 10 6 19) 1 1 Additional Property Insuranceg 57 Adjustments Contract Price or Contract Times 15 35 41 432 452 453 94 95 102104 11 12 148 15 1 progress schedule 66 Agreement definition of 12 All Risk Insurance policy form 562 Allowances Cash 11 8 Amending Contract Documents 35 Amendment Written in general 1 10 145 3 5 5 10 5 12 6 6 2 682 619 101 104 112 Appeal OWNER" CONTRACTOR 121 13 12 2 1472 intent to 9 10 9 11 10 4 16 2 16 5 Application for Payment definition of 13 ENGINEERs Responsibility 99 final payment 9 13 4 9 13 5 14 12 14 15 in general Z 8 29 5 6 4 910 155 progress payment 141 147 review of 144 147 Arbitration 161 166 Asbestos clams pursuant thereto 4 5 2 453 CONTRACTOR authorized to stop Work 4 5 2 definition of 14 OWNER responsibility for 4 5 1 8 10 possible price and times change 452 Authorized Variations in Work 36 625 627 95 Availability of Lands 41 84 Award, Notice of -defined 125 Before Starting Construction 25 2 8 Bid —definition of 15 (1 1 1 10 2 3 3 3 4264 613 1143 1191) Bidding Documents —definition of 16(682) Bidding Requirements-defmiuon of 17(11 4262) Bonds acceptance of 5 14 additional bonds 105 11459 Cost of the Work 1134 definition of 1 8 delivery of 21 51 final Application for Payment 1412 14 14 general 1 10 51 53 513 913 105 1476 Performance Payment and Other 5 1 5 2 Bonds and Insurance in general 5 Builder s risk all risk policy form 5 6 2 Cancellation Provisions Insurance 54 11 5 8 5 15 Cash Allowances 11 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 1412 Change in Contract Price Cash Allowances 118 claim for price adjustment 4 1 4 2 6 4 5 5 15 6 8 Z 9 4 95 911 102 105 112 139 13 13 13 14 14 7 15 1 155 CONTRACTOR s fee 116 Cost of the Work general 114 11 7 Exclustons to 11 5 Cost Records 11 7 ingeneral 119 144 911 1042 1043 11 Lump Sum Prichg 1132 Notification of Surety 105 Scope of 103 104 Testing and Inspection Uncovering the Work 139 ErCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Work, 119 Article or Paragraph Number Value of Work Change in Contract Times Claim for times adlusim ant 41 682 94 95 911 13 9 13 13 13 14 Contractual time limiti, Delays beyond CONTRACTORS control Delays beyond OWNER s and CONTRACTORS control Notification of surety Scope of change Change Orders Acceptance ofDefecnve Work Amending Contract Documents Cash Allowances Change of Contract Price Change of Contract Times Changes in the Wor$ CONTRACTORsfee Cost of the Work Cost Records definition of emergencies 113 426 45 515 102 105 121 147 151 155 122 .INFER s responsibility 98 104 execution of Indemnifiction 612 616 Insurance Bonds and 510 OWNER may terminate OWNERS Responsibility Physical Conditions Subsurface and, Underground Facilities Record Documents Scope of Change Substitutes Unit Price Work value of Work covered by Changes in the Work Notification of surety OWNERS and CONTRACTOR, responsibilities Right to an adlustm ent Scope of change Claims 123 124 105 103104 13 13 35 l] 8 11 12 10 116 114117 117 19 623 112 121 104 631 633 513 105 152154 86 104 42 432 619 103104 673 682 119 113 10 105 104 102 103 104 against CONTRACTOR 6 16 against ENGINEER 632 against OWNER 632 Change of Contract Price 94 112 Change of Contract Times 94 121 CONTRACTOR s 4 71 94 95 911 102 lit 119121 139 148 111 155 173 CONTRACTORsFee CONTRACTOR s liability Cost of the Work Decisions on Disputes Dispute Resolution Dispute Resolution Agreement ENGINEER as initial interpretor Lump Sum Pricing Notice of 116 Article or Paragraph Number 54 6lZ 616 631 114 115 911 912 161 166 911 1132 173 2 11 9 173 55 147 4 FM OWNFRs 94 95 911 102 11 121 139 1313 131 OWNERS hability OWNER may refuse to make payment Professional Fees and Court Costs Included request for formal decision on Substitute Items Time Extension Time regwrem ents UnitPrice Work Value of Waiver of on Final Payment Work Change Directive 175 911 6712 121 911 121 1193 113 1414 14 15 written notice required 911 Clarifications and Interpretationg 363 Clean Site Codes of Technical Society Organization or Association Com mencemcnt of Contract Times Communications general Hazard Communication Programs Completion Final Application for payment Final Inspectiorl Final Payment and Acceptance Partial Utilizatiott Substantial Completion 1 Waiver of Claims Computation of Inn es Concerning Subcontractors Suppliers and Others Conferences initially acceptable schedules preconstruction Conflict, Error Ambiguity Discrepancy CONTRACTOR to Report Construction before starting by CONTRACTOR Construction Machinery Equipment etc Continuing the Work Contract Documents Amending Bonds 102 112 121 04 911 617 333 23 62 692 81 ¢ 22 1412 14 11 1413 1414 1410 38 148149 1415 1721 1722 6M11 29 28 25 332 2527 64 629 104 �5 51 EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 2008 Contract Cost Item No Description Unit Contract Quantity Unit Price Total 60822 Concrete Pavement 8" Remove SF 50 $ 784 & Replace $ 39200 60823 Alley Approach 8" - Remove & Replace SF 150 $ 770 $ 1 15500 60824 Expansion & Caulking LF 1475 $ 432 $ 6 372 00 60825 Splashblock 4" SF 50 $ 640 $ 32000 60826 Exposed Aggregate 4" Up Charge SF 50 $ 109 $ 5450 60827 Reset Flagstone SF 50 $ 405 $ 20250 60828 Wire &Dispose Concrete w/ TON 150 $ 2155 $ 3 232 50 623 01 Imgation Sleevmg 3" PVC Complete In Place LF 50 $ 360 $ 18000 63001 "No Parking Sign With Stand Per Day 1800 $ 1 85 $ 3 330 00 Per Each 63002 Vertical Panel Without Light Per Day 5000 $ 063 $ 3 15000 Per Each 63003 Channelizmg Drum Without Per Day Light Per Each 3500 $ 077 $ 2 695 00 63004 Type I / II Barncade Without Per Day Light Per Each 25000 $ 063 $ 15 750 00 63005 Type III Barricade Without Light Per Day 1250 $ 372 $ 4 650 00 Per Each 63006 Size A Sign With Stand Per Day Per Each 5150 $ 134 $ 6 901 00 63007 Size B Sign With Stand Per Day 1000 $ 154 $ 1,54000 Per Each 63008 Size A Specialty Sign - Cost of Manufactunng Each 5 $ 59 00 $ 29500 630 09 Size B Specialty Sign - Cost of Manufacturing Each 5 $ 6975 $ 34875 63010 Cone With Reflective Strip Per Day 10000 $ 063 $ 6 300 00 Per Each 63011 Safety Fence Per Day Per Roll 65 $ 3 17 $ 20605 63012 Light Per Day Per Each 25 $ 0 31 $ 775 630 13 Advance Warning Flashing or Per Day Sequencing Arrow Panel Per Each 25 $ 6440 $ 1 61000 7/96 Section 00300 Page 4 Cash Allowances )1 8 Article or Paragraph Number Change of Contract Price I I Change of Contract Times 12 Changes in the Work 104 105 check and verify 25 Clarifications and Interpretations 32 36 94 9 11 definition of 1 10 ENGINEER as initial interpreter of 911 ENGINEER as OWNERS representative 91 general3 Insurance 53 Intent 3 1 3 4 minor variations in the Work 36 OWNERS responsibility to famish data 83 OWNERS responsibility to make prompt payment 83 144 1413 precedence 31 33 3 Record Docum eats 619 Reference to Standards and Specifications of Technical Societies 3 3 Related Work 7 2 Reporting and Resolving Discrepancies 25 33 Reuse of 37 Supplementing 3 6 Termination of ENGINEER s Employm ail. 8 2 Unit Price Work 119 variations 36 623 627 Visits to Site ENGINEER, 9 2 Contract Price adlustm ent of 3 5 4 l 94 103 112 113 Change of I I Decision of Disputes 911 definition of 1 11 Contract Times - adjustment of 3 5 4 1 9 4 10 3 12 Change of 121 124 Commencement of 2 3 definition of 1 12 CONTRACTOR Acceptance of Insurance 5 14 Communications 62 692 Continue Work 629 104 coordmation and 9chedulmg 692 definition of 1 13 Limited Reliance on Technical Data Authorized 4 22 May Stop Work Or Tam mate 155 provide site access to others 72 132 Safety and Protection 43 12 6 16 6 l8 621 623 72 132 Shop Drawing and Sample Review Prior to Submittal 625 Vic Stop Work requirements CONTRACTORs- 452 Article or Paragraph Number Compensation 11 1 112 Continuing Obligation 1415 Defective Work 96 13 1M314 Duty to correct defective Work 13 11 Duty to Report Changes in the Work caused by Emergency 623 Defects in Work of Others 73 Differing condition$ 423 Discrepancy in Documents 25 332 6 14 2 Underground Facilities not indicated 432 Em agencies 023 Equipment and Machinery Rental Cost of the Work 11453 Fee Cost Plus 114 5 6 115 1 11 6 General Warranty and Guarantee 030 Hazard Communication Programs 622 Indemnification 612 616 6 31-6 33 Inspection of the Work 73 134 Labor Materials and Equipment 6 3.6 5 Laws and Regulations Compliance by 6 14 1 Liability Insurance 54 Notice of Intent to Appeal 9 10 104 Obligation to perform and complete the Work 630 Patent Fees and Royalties paid for by 612 Performance and Other Bonds 5 1 Pam its obtained and paid for by 613 Progress Schedule z 6 28 29 66 629 104 1521 Request for formal decisnonon disputes 911 Responsibilities changes in the work 101 Concerning Subcontractors Suppliers and Others 6 8-6 11 Continuing the Work 029104 CONTRACTOR s expense 6 7 1 CONTRACTOR General Warranty and Guarantee 630 CONTRACTOR s 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 6 9 1 6 9 2 913 for deductible amounts insurance 59 general 6 72 73 89 Hazardous Conmmicatloi piogramg 622 Tndemnification 631 633 E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) wl CITv OF FORT COLLINS MODIFICA (IONS (REV 9199) Labor Materials and Equipment 63 65 CONTRACTORS other Laws and Regulations Liability Insurance 614 Contractual Liability Insurance 7 5 4 10 5 4 Contractual Time Limits 122 Article or Paragraph Article or Paragraph Number Number Notice of variation from Contract Coordination Documents Patent Fees and Royalties 627 CONTRACTOR s responsibility 692 Permits 612 Copies of Documents 2 2 Progress Schedule 613 66 Correction period Correction, Removal or Acceptance 1312 Record Documents 619 of Defective Work related Work performed prior to ENGINEERS approval of required in general 1041 1310 13 14 submittals Acceptance ofDefeckve Work j3 13 safe structural loading 628 618 Correction or Removal of Se£ety and Protection 620 72 132 Defective Work Correction Period 6 30 13 11 Safety Representative Scheduling the Wok 621 OWNER May Correct Defective Work 13 12 1314 Shop Drawings and Samples 692 024 OWNER May Stop Work Cost 1310 Shop Drawings and Samples Review of Tests and Inspections by ENGINEER 626 Records] 17 13 4 Site Cleanliness Submittal Procedures 617 Cost of the Work Substitute Construction Methods 625 Bonds and insurance additional 11459 and Procedures 672 Cash Discounts CONTRACTORS Fee 1142 4 2 Substitutes and Or Equal Items Superintendency 0 7 1 Employee Expenses 11 4 71 1 Supervision 62 61 Exclusions to General 114 11 5 11 5 Survival of Obligations 634 lime office and overhead expenses 1 5 I15 Taxes Tests and Inspections 615 135 Losses and damages Materials and equipment ] 1 4 56 To Report Use of ]remises 6 16 6 18 y 5 6 30 2 4 Minor expenses Payroll costs on changes 1142 11458 Review Prior to Shop Drawing or performed by Subcontractors 11 4 1 Sample Submittal 625 Recordsll7 1143 Right to adjustment for changes in the Work 102 Rentals of construction equipment right to claim 4 7 1 9 4 9 5 9 11 10 2 112 and machinery 11453 11 9 12 1 13 9 14 8 15 1 Safety and Protection 15 5 173 Royalty peym ents, Permits and 6 20-6 22 72 132 Safety Representative6 21 license fees 11455 Shop Drawings and Samples Submittals 6 24 6 28 Site office and temporary facilities Special Consultants CONTRACTOR 11 4 5 2 Special Consultants 1144 s Supplemental 1144 Substitute Construction Methods and Procedures 6 7 Taxes related to the Work 1145 Substitutes and Or Equal Items Tests and Inspection 11454 Expense 6 Subcontractors Suppliers and Others 7 1 6 7 2 68 611 Trade Discounts 134 1142 Supervision and Superintendence 61 62 621 Utilities fuel and sanitary facilities Work after regular hours j 1 4 5 7 Taxes, Payment by Use of Premises 615 Covering Work 11 41 13 6 13 1 Warranties and guarantees 616-618 05 630 Cumulative Remedies Cutting fitting and patching 174175 Warranty of Title Written Notice Required- 143 Data to be furnished by OWNER 7 2 7 3Day CONTRACTOR stop Work or term mate 15 5 definition of Decisions on Disputes on Disputes 1722 Reports of Dnf Bring Subsurface defective of 9 11 912 and Physical Conditions 4 2 3 defective Work 1 1 Substantial Completion 148 Acceptance of 1041 1313 viu ElCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Correction a Removal of 1041 13 11 Correction Period 1312 in general 13 147 1411 Article or Paragraph Number Observation by ENGINEER 92 OWNER May Stop Work 1310 Prompt Notice of Defects 131 Rejecting 94 Uncovering the Work 13 8 Definitions 1 Delays 41 629 123124 Delivery of Bonds 21 Delivery of certificates of insurance 27 Detenamatiens for Unit Prices 910 Differing Subsurface or Physical Conditions Notice of 423 ENGINEERS Review 424 Possible Contract Documents Change 425 Possible Price and Times Adjustments 426 Discrepancies Reporting and Resolving 25 332 6 142 Dispute Resolution — Agreement 161 166 Arbitration ) 6 1 165 genera116 Mediation 166 Dispute Resolution Agreem ent 161 166 Disputes Decisions by ENGINEER 911 9 12 Documents Copies of 22 Record 6 19 Reuse of 37 Drawings -definition of 1 15 Easements 41 Effective date of Agreement definition of 1 16 Emergencies 623 ENGINEER — as Initial Interpreter on disputes 911 9 12 definition of 1 17 Limitations on authority and responsibilities 913 Replacement of 82 Resident Project Representative 93 ENGINEER Consultant defmiton of 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 363 94 Decisions on Disputes 911 912 defective Work notice of 13 1 Evaluation of Substitute Items 673 Liability 432 912 Notice Work is Acceptable 14 13 Observations 6 30 2 92 OWNERS Representative 92 OWNERS Representative 91 Payments to the CONTRACTOR., Responsibility for 99 14 Recommendation of Payment 144 1413 Article or Paragraph Number Responsibilities Limitations on 911 913 Review of Reports on Differing Subsurface and Physical Conditions 424 Shop Drawings and Samples review responsibility 626 Status During Construction authorized variations in the Work 95 Clarifications and Interpretations 94 Decisions on Disputes 911 912 Determinations on Unit Price 910 ENGINEER as Initial Interpreter 911 912 ENGINEERS Responsibilities 91912 Limitations on ENGINEERS Authority and Responsibilities 913 OWNER s Representative 91 Project Representative 93 Rejecting Defective Wok 96 Shop Drawings Change Orders and Payments 9799 Visits to Site 92 Unit Price determinations 910 Visits to Site 92 Written consent required 72 91 Equipment, Labor Mammals and 4 3 6 5 Equipment rental Cost of the Work 11453 Equivalent Materials and Equipment 67 error or IXrllssIMS 633 Evidence of Financial Arrangements 8 11 Explorations of physical conditions 4 2 1 Fee, CONTRACTORS Costs Plus 116 Field Order— defmi ti f on o issued by ENGINEER 1 19 3 6 1 95 Final Application for Payment 1412 Final Inspecuon 1411 Final Payment and Acceptance 1413 1414 Prior to for cash allovances 11 8 General Provisions 173 174 General Requirements — definition of 120 Principal references to 26 64 6667 624 Giving Notice 171 Guarantee of Work by CONTRACTOR 630 1412 Hazard Communication Programs 422 Hazardous Waste, definition of 1 21 general 45 OWNERS responsibility for 8 10 ErCDC OENERAL CONDITIONS 1910 8 (1990 EDITION) W' CITY OF FORT COLLINS MOMFICA DONS (REV 9199) Indemnification 0IZ 6 16 631 633 Initially Acceptable Schedules 29 Inspection Certificates of 9 13 4 13 5 14 12 Final 1411 Article or Paragraph Num ber Special iequired byENGINEER 96 Tests and Approval $ 7 13 3 13 4 Insurance Acceptance of by OWNER 514 Additional required by changes in the Work 11459 Before starting the Work 27 Bonds and in general 5 Cancellation Provisions 5 8 Certificates of 2 7 5 5 3 5 4 11 5 4 13 565 58 514 9134 1412 completed operations 5413 CONTRACTORS Liability 54 CONTRACTORS objectimi to coverage 514 Contractual Liability 5410 deductible amounts CONTRACTOR, responsibility Final Application for Payment Licensed Insurers Notice requirements material changes Option to Replace other special insurances OWNER as fiduciary for insureds OWNERS Liability OWNERS Responsibility Partial Utilization Property Insurance Property Receipt and Application of Insurance Proceeds Special Insurance Waiver of Rights Intent of Contract Docum ents Interpretations and Clarifications Investigations of physical condncms Labor Materials and Equipment Lands and Easements Availability of Reports and Tests Laws and Regulations- Laws or Regulations Bonds Changes in the Work Contract Documents CONTRACTORS Responsibilities Correction Period defechve Work Cost of the Work taxes definition of genera16 14 Indemnification 59 1412 53 58 105 514 510 512513 55 85 515 56510 512513 510 511 3134 363 94 42 6365 84 41 84 84 5152 104 31 614 13 12 11454 122 631 633 Insurance 5 3 Precedence 3 1 33 3 Reference to 3 3 1 Safety and Protection 620 132 Subcontractors Suppliers and Others 68611 Article or Paragraph Number Tests and Inspections Use of Premises Visits to Site Liability Insurance CONTRAC70Rs OWNERs Licensed Sureties and Insurers Liens Application for progress Payment CONTRACTOR s Warranty of Title Final Application for Payment definition of Waiver of Claims Limitations on ENGINEER s authority and responsibilities Limited Reliance by CONTRACTOR Authorized Maintenance and Operating Manuals Final Application for payment Manuals (of others) Precedence Reference to In Contract Documents Materials and equipment furnished by CONTRACTOR not incorporated to Work Materials or equipment- equivalent Mediation (Optimal) Milestones definition of Miscellaneous Computation of Times Cumulative Remedies Giving Notice Notice of Claim Professional Fees and Court Costs Included Multi prime contracts Not Shown or Indicated Notice of Acceptability of Project Award, definition of Claim Defects 13 1 Differing Subsurface or Physical Conditions Giving Tests and Inspections Variation, Shop Drawing and Sample Notice to Proceed definition of giving of 135 016 92 54 55 53 142 143 1412 123 1415 913 422 1412 3331 331 63 142 47 167 124 172 174 171 173 175 7 432 1413 125 173 423 171 133 627 126 23 EICDC GENERAL COMITIONS 1910 8 (1990 EDITION) w/ QTY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety J 0 5 Observations by ENGINEER ¢ 30 92 Occupancy of the Work 5 15 6 30 2 4 14 10 Omissions a acts by CONTRACTOR 69 913 Open Peril policy form Insurance 5 6 2 Option to Replace 514 Article or Paragraph Number Or Equal Items 67 Other work 7 Overtime Work prohibition of 63 OWNER Acceptance ofdefechve Work 1313 appoint an ENGINEER 82 as fiduciary 5 12 5 13 Availability of Lands responsibility 41 definition of 127 data furnish 83 May Correct Defective Work 13 14 May refuse to make payment 147 May Stop the Walt 13 10 May Suspend Work Terminate 8 8 13 10 15 1 15 4 Payment make prompt 83 144 1413 performance of other work 71 permits and licenses requirements ¢ 13 purchased maurance requirements 56 510 OWNERS - Acceptance of the Work Change Orders obligation to execute Communications Coordination of the Work Disputes, request for decision Inspections tests and approvals Liability Insurance Notice of Defects Representative —During Construction ENGINEERS Status Responsibilities Asbestos PCBs, Petroleum Hazardous Waste or Radioactive Material Change Orders Changes in the Work communications CONTRACTOR s responsibilities evidence of financial arrangements inspections tests and approvals Insurance lands and easements prompt payment by replacement of ENGINEER reports and tests 63025 86 104 81 74 911 87 134 55 131 stop or suspend Work 88 13 10 terminate CONTRACTOR s 91 $10 86 101 81 89 8 11 87 85 84 83 $2 84 151 services 88 152 separate representative at site 93 testing independent use or occupancy of the Work written consent or approval required 134 $15 63024 1410 91 63 114 EXDC GENERAL CONDITIONS 1910 8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number written nonce required 71 94 911 112 119 147 154 PCBs definition of 129 general 45 OWNERs responsibility for 810 Partial Utilization definition of 128 general 6 30 2 4 1410 Property Insurance 5 15 Patent Fees and Royalties 612 Payment Bonds 5 1 5 2 Payments Recommendation of 144 147 1413 Payments to CONTRACTOR and Completion — Application for ProgressPaymants 142 CONTRACTOR s Warranty of Title 143 Final Application for Payment 1412 Final Inspection 1411 Final Payment and Acceptance 1413 1414 general 83 14 Partial Utilization 14 10 Retainage 142 Review of Applications for Progress Payments 144147 Prompt payment 83 Schedule of Values 141 Substantial Completion 148 149 Waiver of Claims 14 15 when payments due 144 1413 withholding payment 147 Performance Bonds 5 1 5 2 Penn its 6 13 Petroleum definition of 1 30 general 45 OWNER s responsibility for 810 Physical Conditions Drawings of in or relating tq 4 2 1 2 ENGINEER s review 424 ewstmg structures 422 general 2 12 Notice of Differing 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 422 Underground Facilities general 43 Not Shown or Indicded 432 Protection of 43 620 xu Article or Paragraph Number Shown or Indicated 43 1 Technical Data 422 Preconstruction Conference 2 8 Preliminary Matters 7 Prehin mary Schedules 26 Premises Use of 616618 Price Change of Contract 11 Price Contract definition of ill Progress Payment, Applications for 142 Progress Payment retannage 142 Progress schedule CONTRA( TORS 26 28 29 66 629 104 1521 Project definition of 131 Project Representative ENGINEERS Status Durmgconstrucnon 93 Project Representative Resident definition of 1 33 prompt payment by OWNED 83 Property Insurance Additional 57 genem15 6 5 10 Partial Utilization 515 14 10 2 receipt and application of proceeds 5 12 5 13 Protection Safety and 620621 132 Punch list 1411 Radioactive Material defmtion of 132 general4 5 OWNERS responsibility for 810 Recommendation of Payment 144 145 1413 Record Documents 619 1412 Records procedures form amtainmg 28 Reloence Points 44 Reference to Standards and Specifications of Technical Societies 33 Regulations Laws and (or) 614 Rejecting Defeeirve Work 96 Related Work at Site 7 1 7 3 Performed prior to Shop Drawings and Samples submittals review 628 Remedies cumulative 174 175 Removal or Correction ofDefective Wok 1311 rental agreements, OWNER approval required 11453 replacement of ENGINEER, by OWNER 82 Reporting and Resolving Discrepancies 25 3 3 2 6 142 Reports and Drawings 42 1 and Tests OWNERS responsibility 84 Resident and Project Representative definition of 133 provision for 93 EXZC GENERAL CONDITIONS 1910 S (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent CONTRACTOR; 62 Responsibilities CONTRACTORS in general 6 ENGINEER s in general 9 Limitations on 9 13 OWNERS in general 8 Retainage 142 Reuse of Documents 37 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal 6 25 Review of Applications for Progress Payments 14 4-14 7 Right to an adjustment 102 Rights of Way 4 1 Royalties Patent Fees and 612 Safe Structural Loading 6 18 Safety and Protection 4 3 2 6 16 618 o 20-621 72 132 general 020623 Representative CONTRACTORs 621 Samples defmitim o1 134 general 624 628 Review by CONTRACTOR 625 Review by ENGINEER 626 627 related Work 628 submittal of 6 24 2 submittal procedures 625 Schedule of progress � 6 28 29 66 629 104 1521 Schedule of Shop Drawing and Sample Submittals 2 6 2 8 2 9 6 24 6 28 Schedule of Values 26 28 29 14 1 Schedules Adherence to 15 2 1 Adjusting 66 Change of Contract Times 104 Initially Acceptable 28 29 Preliminary 2 6 Scope of Changes 103 104 Subsurface Conditions 4 2 1 1 Shop Drawings and Samples general 624628 Change Orders & Applications for Payments and 9 7 9 9 definition of 135 ENGINEER s approval of 362 ENGINEER s responsibility for review 97 624628 related Work 628 review procedures 28 624628 xw Article or Paragraph Number submittal required 624 1 Submittal Procedures 625 use to approve substitutton$ 6 7 3 Shown or Indicated 4 3 1 Site Access 72 132 Site Cleanliness 6 17 Site Visits to - by ENGINEER 92 132 by others 132 special causes of loss policy form Insurance 562 definition of 136 Specifications defination of 136 of Technical Societies, reference to 3 3 1 precedence 333 Standards and Specifications of Technical Societies 33 Starting Construction Before 25 28 Starting the Wort( Z 4 Stop or Suspend Work by CONTRACTOR 155 by OWNER 88 1310 151 Storage of materials and equipment 41 72 Structural Loading Safety 618 Subcontractor — Concerning 68 611 definition of 1 37 delays 123 waiver of rights 611 Subcontractors in general 68 611 Subcontracts required provisions 511 611 1143 Submittals Applications for Payment 142 Maintenance and Operation Manuals 1412 Procedures 6 25 Progress Schedules 26 29 Samples 624628 Schedule of Values 26 141 Schedule of Shop Drawings and Samples Submissions 26 28 29 Shop Drawings 624628 Substantial Completion certification of 03023 148149 definition of 138 Substitute Construction Methods or Procedures 672 Substitutes and Or Equal Items 67 CONTRACTOR s Expense 67 13 ENGINEER s Evaluation 673 Or Equal 6 7 1 1 Substitute Construction Methods EICDC GENERAL CONDITIONS 1910 8 (1990 EDITIOM w/ CITY OF FORT COLLINS MODIRCATTONS (REV 9/99) Article or Paragraph Number or Procedures 6 7 2 Substitute Items 6 7 1 2 Subsurface and Physical Conditions Drawings of in or relstag to 42 12 ENGINEER s Review 4 2 4 general 4 2 Limited Reliance by CONTRACTOR Authorized 422 Notice of Differing Subsurface a Physical Conditions 423 Physical Conditions 4 2 1 2 Possible Corttract Documents Change 425 Possible Price andTimes Adjustments 426 Reports and Drawings 4 2 1 Subsurface and 4 2 Subsurface Conditions at the Site 4 2 1 1 Technical Data 422 Supervision CONTRACTOR s responsibility 41 OWNER shall not supervise 89 ENGINEER shall not supervise 92 9 132 Superintendence 4 2 Superintendent, CONTRACTOR resident 6 2 Supplemental costs 1145 Supplementary Conditions d efrnition of 139 Principal references to 110 118 22 27 42 43 51 53 54 5659 511 68 613 74 811 93 910 Supplementing Contract Documents 3 6 Supplier defmition of 140 principal references tdl 37 65 68611 620 624 913 Waiver of Rights Surety — consent to final payment ENGINEER has no duty to Notification of qualification of Survival of Obligations Suspend Work, OWNER May Suspension of Work and Termination CONTRACTOR May Stop Work or Terminate OWNER May Suspend Work OWNER May Terminate Taxes- Payment by CONTRACTOR Technical Data Limited Reliance by CONTRACTOR Possible Price and Times Adjustments Repats of Differing Subsurface and Physical Conditions xry 1412 611 1412 1414 913 101 105 152 5153 634 1310 15 1 15 155 151 152154 615 Temporary construction facilities 41 Article or Paragraph Number Termination by CONTRACTOR 155 by OWNER 8 8 15 1 154 of ENGINEERS employment g 2 Suspension of Work in general 15 Terms and Adjectives 34 Tests and Inspections Access to the Work, by others 132 CONTRACTORS responsibilities 135 cost of 13 4 covering Work prior to 13 6 13 7 Laws and Regulations (or) 115 Notice of Defects 131 OWNER May Stop Work 1310 OWNERS independent testing 134 special required by ENGINEER 96 timely notice required 134 Uncovering the Work, at ENGINEER s request 13 8 139 Times Adjusting 06 Change of Contract 12 Computation of 172 Contract Tunes definitionof 112 `ay 1722 Milestones 12 Requirements appeals 910 16 clarifications claims and disputes 9 11 112 12 Commencement of Contract Time$ 23 Preconstruction Conference 28 schedules 26 2 9 66 Starting the Work 24 Title Warranty of 143 Uncovering Work; 13 8 139 Underground Facilities Physical Conditions definition of 1 41 Not Shown a Indicated 432 protection of 43 620 Shown or Indicated 4 3 1 Unit Price Work claims 1193 definition of 1 42 generall 19 141 145 Unit Prices general 11 3 1 Determination for U 910 se of Premises 6 16 6 18 6 30 2 4 422 Utility owners 613 620 71 73 132 426 Utilization Partial 129 5 15 6 30 2 4 14 10 Value of the Work 113 423 Values Schedule of 26 2 8 29 14 1 EXDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Variations in Work Minor Authorized 625 627 95 Article or Paragraph Number Visits to Site by ENGINEER 92 Waiver of Claims --on Final Payment 14 15 Waiver of Rights by insured parneg 5 11 611 Warranty and Guarantee General by CONTRACTOR 630 Warranty of Title CONTRACTOR 143 Work Access to 132 by others 7 Changes in the 10 Continuing the 629 CONTRACTOR May Stop Work or Term mate J5 5 Coordination of 74 Cost of the 114 115 definition of 143 neglected by CONTRACTOR 1314 other Work 7 OWNER May Stop Work 1310 OWNER May Suspend Work 1310 151 Related, Work at Site 7 1 7 3 Starting the 24 Stopping by CONTRACTOR 155 Stopping by OWNER 151 154 Variation and deviation authorized, minor 36 Work Change Directivc claims pursuant to 102 defmntion of 144 principal references to 353 101 102 Written Amendment def imtion of 145 Principal references to 110 35 5 10 15 12, ¢62 682 619 101 104 112 121 13 12 2 1472 Written Clarifications and Interpretations 363 94 911 Written Notice Required by CONTRACTOR 71 910911 104 112 121 by OWNER 910911 104 112 1314 xv E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xh EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Item No Description Unit Contract Quantity 2008 Contract Cost Unit Price Total 630 14 Variable Message Board Per Day Per Each 25 $ 13400 $ 3 350 00 63015 Traffic Control Supervisor Per Day 120 $ 31900 $ 38 280 00 630 16 Traffic Control Supervisor Per Hour 130 $ 3080 $ 4 004 00 63017 Flagging Per Hour 2000 $ 2000 $ 40 000 00 TOTAL COST $ 1,383,689 52 One Million, Three Hundred Eighty Three Dollars and Fifty Two Cents Thousand Six Hundred Eighty Nine Signed Address 6330 S College Ave Company Vogel Concrete Inc Fort Collins CO 80525 Check One Individual Doing Business in Company Name X Corporation Partnership Phone/Fax 970 226-2657 7/96 Section 00300 Page 5 GENERAL CONDITIONS ARITCLE 1 DEFINITIONS Wherever used in these General Conditions or m the other Contract Documents the following terms have the meanuigs indicated which are applicable to both the suigular and plural thereof 11 Addenda Written or grapluc instruments issued prior to the opening of Bids which clarify correct Or change the Bidding Requirements or the Contract Documents 12 Agrgement—The written contract between OWNER and CONTRACTOR covering the Work to be performed Other Contract Documents are attached to the Agreement and made a part thereof cis provided therem 13 Apphcanon for Payment —Thor farm accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress m final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents 14 Asbestos Any material that contains more than one percent asbestos and is finable or a releasing asbestos fibers into the au above current action levels established by the United States Occupational Safety and Health Administration 15 Bid -The offer or proposal of the bidder Submitted on the prescribed form setting forth the prices for the Work to be performed 16 Bidding Documents The advertisement or mvuatlm to Bid, lnstrebonts to bidders, the Bid form and the proposed Contract Documents (mcluci ng all Addenda issued prior to receipt of Bids) 17 Bidding Requirements The advertisement Or mvitabon to Bid instructions to bidders, and the Bid form 18 Bonds —Performance and Payment bonds and other Instruments of security 19 Change Order —A document recommended by ENGINEER, which IS signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement 110 Contract Documents-1 he Agreement, Addenda (which pertam to the Contract Documents) CONTRACTORS Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the FICDC OENERAL CONDITIONS 19104 (1990 Emma) w/ aTY OF FORT COLLINS MODIFICATIONS GUIV g2000) same are more specifically identified in the Agreement, together with all Written Amendments Change Orders, Work Change Directives, Field Orders and ENGINEERS written interpretation and clarifications issued pursuant to paragraphs 3 5 3 6 1 and 3 6 3 on or after the Effective Date of the Agreement Shop Drawing submittals approved pursuant to paragraphs 6 26 and 6 27 and the reports and dmwuW referred to in paragraphs 4 2 1 and 4 2 2 are not Contract Documems 111 Contract Pnce—The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (Subject to the provisions of paragraph 119 1 in the case ofUmt Pnce Work) 1 12 Contract Times —The numbers of days or the dates Stated in the Agreement (1) to achieve Substantial Completion, and (n) to complete the Work so that it a ready for final payment as evidenced by ENGINEER, write" recommendation of final payment in accordance with Paragraph 14 13 1 13 CONTRACTOR The person, firm Or corporation with whim OWNER has entered into the Agreement 114 &fective—An ad eetive winch when modifying the ward Work refea to trk that is urmausfactory, faulty or deficient in that it does not conform to the Contract Documents, a does not meet the requuemerits of any inspection, reference standard, test or approval referred to in the Contract Documents, Or has been damaged prior to ENGINEERS recommendation of final payment (unless responsibibty for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with Paragraph 14 8 or 14 10) 1 15 ➢mmitgs The drawni�s wluch show the Scope O tent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Convect Documents Shop drawings are not Drawings as So defined 116 Ef(ecbve Date of the Agreement —The data indicated in the Agreement on which it becomes effective but if no such date is Indicated it means the date on which the Agreement is signed and delivered by the last of the two Parties to sign and dehver 117 ENGINEER —The person firm Or corporation reamed as such in the Agreement 118 ENGINEERS Cieuaikannt-A person, firm or corporation havinugg a contract with ENGINEER to furnish services as MGINEERs independent Professional associate or consultant with respect to the Project and who a identified as such in the Supplementary Cmdibons 119 Field Order —A written Order issued by ENGINEER wluch Orders minor changes in the Work in accordance with paragraph 9 5 but which does not involve a charge in the Contract Price or the Contract Times 120 General Requirements -Sections of Division 1 of the Specifications 1 21 Hazardous Waste -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste DMossl Act (42 USC Section 6903) as amended from tune to time 122 a Laws and Regulations Laws or Regulations Any and all applicable laws, rules, regulations ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts havingjunsdiction ] 22 b Legal Holidays shall be those holidays observed City-1 the City of Fort Collins 123 Liens Liens charges security interests or encumbrances upon real property or personal property 124 Milestone A pprrmcipal event specified in the Contract Documents relatmg to an intermediate completion date or time prim to Substantial Complehon of all the Work 125 Notice ofRward A written notice by OWNER to the apparent successful bidder stating that upon comphance by the apparent successful bidder with the conditions Precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement 1.26 Notice to Proceed -A written notice given by OWNER to CONTRACTOR (vnlh a mapy toENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start io perform CONTRACTORS obligations under the Contract Documents 127 OWNER -The public body or authority corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128 Partial Urilization-Use by OWNER of a substantially completed part of the Work for the purpose fm which it Is intended (or a related purpose) prior to Substantial Completion of all the Work 129 PCBs-Polychloninatedl bhphenyls 130 Petroleum Petroleum including nude oil or any inaction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrendheit and 14 7 pounds per square Inch absolute) such as oil petroleum fuel oil oil sludge oil refuse gasolme kerosene and of mixed with other non Hazardous Wastes and crude MIS 131 Pro ect-The total construction of which the Work to be Provided under the Contract Documents may be the whole or a Pan as indicated elsewhere in the Contract Documents 132 a Radhoactne Material -Soiree special nuclear or byproduct material as defined by the Atomic Energy Act of EICDC GENERAL CONDITTONS 1910 8 (1990E(6am) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/5000) 1954 (42 USC Section 2011 et seq ) as amended from time to time 1 32 b Reeular Working Hours Regular workmv hours are defined as 7 OOam to 6 OOtvn unless otherwise s—ec Roq m the Gerrera] Reaunemen[s 1 33 Resident Pmject Representative -The authorized representative of ENGINEER who may be assigned to the site or any part thereof 134 Samples -Physical examples of materials equipment or workmanship that are representative of sane portico of the Work and which establish the standards by which such portion of the Work will be judged 135 Shop Drawings- All drawings, diagrams dlushaums, schedules and other data or rnfomianon which are speafically Prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work 136 Specefuahonr-Those portions of the Contract Documents conwsting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain admmistrative del" applicable thereto 137 Subcontractor An individual firm or corporation having a direct contract with CONTRACTOR or with any Other Subcontractor for the Performance of a part of the Work at the site 138 Substantial Completion The Work (or a specified part thereof) has �ogressed to the Form where in the ooppinion of ENGINEER as evidenced by ENGINEERS defantive certificate of Substantial Completion, it is suffrcnendy complete in accordance with the Contract Documents so that the Work (or sPeofied Part) can be utilized for the purposes for which It Is vdended, or if no such certificate is issued when the Work Is complete and ready for Imel payment as evidenced by ENGINEERS written recommendation of filial payment in accordance with paragraph 1413 The terns substantially complete and Substantially completed as applied to all or part of fie Work refer to Substantial Completion thereof 139 Supplementarj Conditions -The part of the Contract Documents which amends or suPplerrems these General Conditions 140 Supplier -A manufacturer fabricator supplier distributor materialman a vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnush materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor 141 Undergrormd Facilities -Ail phpelvhes, conduits ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the followmg services or materials electricity gases. steam hgmd petroleum Products, telephone a other communication, cable television sewage and drainage removal, traffic al other control systems or water 142 Umt Pnce Work -Work to be paid for on the basis of unit prices 143 Work The entire completed construction or the vanous separately identifiable purls thereof required to be fmmshed under the Contract Documents Work includes and is the result of performing o luinlshmg labor and furiushing and mcorpomtulg materials and equpmem into the aotstruction, and Performing a furnishing services and furnishing documents, all as required by the Contract Documents 144 Work Change Direcirve—A written directive to CONTRACTOR Issued on o after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordonng an addition, deletion or revision in the Wok, or responding to differing or unforeseen physnml conditions under which the Wok is to be Perfomned as provided in paragmph42 a 43 Or to emergenaes under petagmph623 A Wok Change Directive will not change the Contact Prone m the Contract Times. but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negonatlans by the parties as to its effect, of any on the Contact Price or Contract Tines w provided in paragraph 10 2 145 WriMn Awnahnnenb A written amendment of the Contract Documents signed by OWNER and CONTRACTOR on o after the Effective Date of the Agreement and normally deaing with the nonengineeri g or nontechnical rather than strictly construction, related aspects of the Contact Documents ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds 21 When CONTRACTOR delivers the executed Ageemems to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5 1 Copies ofDoeaments 22 OWNER shall fumash to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the executor of the Walk Additional copies w1ll be furnished, upon request, at the cost of reproduction Commencement ofContrad Times Notice to Proceed 23 The Contract Tunes will commence to rim on the thirtieth day after the Effective Date of the Agreement, Or EXEC GENERAL CONDITIONS 19104 (1990 Edam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) if a Notice to Proceed its given, on the day indicated in the Notice to Proceed A Notice to Proceed may be given at any time within thirty days after the Effective Date of the am Agreement like -mr-ia Mph Starring the War* 24 CONTRACTOR shall start to perform the Work on the date when the Contract Tunes commence to run, but no Work shall be done at the site pno to the date on which the Contact Times commence to run Before Starring Construdion 25 Before undertaking each part of the Work CONTRACTOR shall carefully study and compete the Contract Documents and dteck and verity, pmtmmt figures shown thereon and aft applicable field measuremoms CONTRACTOR shall promptly repot in writing to ENGINEER any coiiflict, eno, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clanfratlm from ENGINEER before proceeding with my Work affected thereby however CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 26 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements) CONTRACTOR shell submit to ENGINEER for review 261 a prelnnutary progress schedule mcbmtng the times (numbers of days or dates) for starting and completing the various stages of the Work, including my Milestones specified in the Contact Documents 262 a preliminary schedule of Shop Drawing and Sample submittals winch will ILt. each required submittal and the tunes for submitting reviewing and Processing such submittal 2 6 2 1 In no are will a schedule be aecemable which allows less than 21 calendar days for each review by tingineer 263 A preliminary schedule of values for all of the Work winch will include quantbm and prices of items aggregating the Contact Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work 27 Before any Work at the site its started, CONTRACTOR and OWNER shall each dehva to the ether OWNER. with copies to ld-PW in the Sep! ENG1N73ER certificates of maumnce (and other evidence of insurance CONCON L�Og guested by OWNER) which to Ls required purchase end maintain m accordance with Paragraphs 5 4-5 6 and 5-9 Preconstmcnon Conference 28 Within twenty days after the Contract Times start to run, but before any Work at the Site is started a conference attended by CONTRACTOR ENGINEER and others as aPproPrlate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2 6 Procedures for handlmg Shop Drawings and other submittals Processing Apphcatiom for Payment and maintaining required records IrnlwllyAeceptable Schedules 29 Unless otherwise provided in the Conuaot Documents, before anv work at the site a conference attended by CONTRACTOR, ENGINEER and others as apprepnate de�sr Hated !ry OWNIii�l will be held to review he acceptaMhty to ENGINEER as provided below the schedules submitted in accordance with paragraph 2 6 and Dnvtston 1 General Requirements CONTRACTOR shall have an additional ten days to make or crections and adjustments and to complete and resubmit the schedules No Progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below The progress schedule will be acceptable to ENGINEER as providing an orderly Progression of the Work to completion withm any specified N ilesto nes and the Contract Tunes, but such acceptance will neither impose m ENGINEER responsibility for the sequeneuuntgg,, schedulung or Progress of the Work nor interfere with or, relieve CONTRACTOR from CONTRACTORS full responstbility therefor CONTRACTORS schedule of Shop Drawmg and Sample submisams will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTORS schedule of values will be acceptable to ENGINEER as to form and substance ARTICLE 3 -CONTRACT DOCUMENTS INTENT AMENDING REUSE Intent 31 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary what its called for by me its as binding as of called for by all The Contract Documents will be construed in accordance with the law of the place of the Project 32 It its the intent of the Contract Documents to EICDC GENERAL CONDITIONS 19104 (1990EdIaoe) w/CTTy OF FORT COLLINS MODIFICATIONS (REV 4R000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents Any Workmaterials or equpmem that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for When words or phmSeS which have a well known technical or construction, industry or trade meannig are used to describe Work materials or equipment, such words or phrases shall be interpreted m accordance with that meaning Clarifications and uaerpretations of the Contract Documents shall be issued by ENGINEER as provided m paragraph 9 4 33 Reference to Standards and Spec(ficnhons of Technical Soeienes Reporting and Resohang Ihserepanaes 33 1 Reference to standards apee>fiost. manuals Males of any technical society ,geniveuon or assoctatiori, or to the Laws or Regulations of any govemmental authority whether such reference be specific or by Implication, shall mean the latest standard, specification manual code or Laws or Regulations in effect at the time of open$ of Bids (or on the Effective Date of the Agreement If there were no Bids) except as my be otherwise specifically stated in the Contract Documents, 332 3 2 It ndtthhe the vers ore �ce of the Work ambiguity or di �' cmtkci, error ct Documents or between � Contract Documenithin the ts and any provision of arty such Law or Regulation applicable to the performance of the Work or of any such standard, speclficaum, mammal or code or of any instruction of any Sippher referral to in paragraph 6 5 CONTRACTOR shall report it to ENGINEER In writing at once and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6 23) until an amendment or lement to the Contract Documents has been issueddy one of the methods indicated In Pmragrapl13 5 or 36 provided, however that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof 333 Except as otherwise specifically stated in the Contract Documents cr as may be provided by amendment or supplement thereto issued by one of the methods Indicated in Paragraph 3 5 or 3 6 the Provisions of the Contract Documents shall take precedence in resolving any conflict, error ambiguity or discrepancy between the provisions of the Contract Documentsand 3 3 3 1 the provisions of any such standard, specificanm, manual, code or instruction (whether or not specifically Incorporated by reference in the Contract Documents) or 3 3 3 2 the provisions of any such Laws a Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation) No provision of any such standard, specification, manual code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR a ENGINEER or any of their subeantactork consultants, agents or employees from those set forth in the Contact Documents, nor shall A be effective to assign to OWNER ENGINEER or any of ENGINEERS Consultants, agents or employees any duty or authority to supervise or direct the furmshing or performance of the Work or any duty a authority to undertake responsibility inconsistent with the provisions of paragraph 9 13 or any other provmm of the Contract Doc rnents 34 Whenever m the ContractDocuments the terms as ordered as duetted as required as allowed as approved a terms of like effect a import are used, or the adjectives reasonable suitable acceptable proper' a satisfactory or adjectives of lice effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work it is intended that sus requirement direction, review a judgment will be solely to evaluate in general, the completed Work for compliance with the requirements of and info mation m the Contact Documents and conformance with the design concept of the completed Project as a functiormig whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise) The um of any such term or adjective "If not be effective to assign to ENGINEER any duty or authority to supervise ar direct the famishing or performance of the Work or any duty a authority to undertake responsibility contrary to the provisions of paragraph 9 13 or any other provision of the Contract Docmnents Amending and Supplementmg Contract Documents 35 The Contact Documents may be amended to provide for addtions, deletions and revisions in the Work a to modify the terms and conditions thereof in one a more of the following ways 3 5 1 a formal Written Amendment, 352 a Change Order (pmsuant to paragraph 10 4) or FJCDC OEN©tAI., CONDITIONS 1910-8 (1990 Edam) w/(STY OFFOkT COLLINS MODIFICATIONS (REV 42000) 3 5 3 a Work Change Directive (pursuant to paragraph 10 1) 36 In addition, the requirements of the Contact Documents may be supplemented, and minor vanations and deviations in the Work may be authorized in ore a more of the following ways 3 6 1 A Field Order (pursuant to paragraph 9 5� 362 ENGINEER s approval of a Shop Drawing a Sample (pursuant to paragraphs 6 26 and 6 27) or 363 ENGINEERS written interpretation a clarification (pursuant to paragraph 9 4) Reuse ofDocaments 37 CONTRACTOR and any Subcontractor or Supplier or other person or organization parfam74 a furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights many of the Drawings, Specifications or other documents (a copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEERS Co rsuhant, and (it) shall not reuse any of such Drawings Specifications other documents a copies on extensions of the project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4- AVAILABILITY OF LANDS SUBSURFACE AND PHYSICAL CONDITIONS Avarlakhty efLandr 41 OWNER shall famish, as indicated in the Contract Documents, the lands upon which the Work is to be performed nghts- f way and easements for access thereto and such other lands which are designated for the use of CONTRACTOR OWNER shall identity any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work Easements for permanent structures a permanent changes in existing faohties will be obtained and paid for by OWNER unless otherwise provided in the Contract Documents If CONTRACTOR and OWNER are unable to agree on enntlement to or the amount a extent of any adjustments in the Contract Price a the Contract Times as a result of any delay in OWNERS farmslung these lands, rights -of way a easements, CONTRACTOR may make a clam therefor as provided in Articles 11 and 12 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment 42 Subsurface malPhyacal Conditions 4 2 1 Reports and Drawings Reference is made to the Supplementary Conditions for identification of 421 1 Subsurface Condtnau Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents and 4 2 12 Physteal Cmebtions Those drawings of physical conditions In a relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents 422 Lonited Rehance by CONTRACTOR Authorized Technical Data CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings, but such reports and drawings are not Contract Documents Such technical data is identified in the Supplementary Conditions Except for such reliance on such technical data CONTRACTOR may not rely upon a make any claim against OWNER, ENGINEER or any of ENGINEER s Consultants with respect to 4 2 2 1 the completeness of such reports and drawings for CONITRACTORs purposes, including, but not limited to any aspects of the means methods techniques, sequences and Procedures of construction to be employed by CONTRACTOR and safety precautions and programs Incident thereto or 4222 other data, interpretations, opmiom and information contamed in such reports or shown or indicated in such drawings, or 4223 any CONTRACTOR interpretation of or conclusion drawn from any technical data or any such data interpretations, opinions or information 423 Nonce of Dieting Subsurface or Physical Condhtions If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either 4 2 3 1 is of such a nature as to establish that any technical data' on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2 1 and 4 2 2 is materially maccurate or 4232 is of such a nature as to require a change in the Contract Documents, or 4233 differs mater rally from that shown or EiCDC GENERAL CONDITIONS 1910,8 (19901344m) w! CITY OF FORT COLLINS MODQTCAnONS (REV 42000) indicated in the Contract Documents, or 4234 Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents then CONTRACTOR shall premptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an eraergracy as permitted by paragraph 1523) notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions or perform arty Work in connection therewith (except as aforesaid) until receipt of written order to do so 424 ENGINEERS Review ENGINEER will promptly review the pertinent conditions, detennme the necessity of OWNER's obtaining additional exploration a tests with respect thereto and advise OWNER in writing with a copy to CONTRACTOR) of ENGMERs nndmgs and conclusions 425 Possible Contract Documents Change If ENGINEER concludes that a change in the Contract Documents is required as a result of a condruon that meets one or more of the categories in paragraph 4 2 3 a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change 4 2 6 Possible Price and Tunes Adl ustmenis An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACfORs cost of or time required for performance ot; the Work subject, however to the following 4 2 6 1 such condition must meet any one or more of the categurim described m paragraphs 4 2 3 1 through 4 2 3 4 Inclusive 4262 a c hnge in the Contract Documents pursuant to paragaph 4 2 5 will not be an automatic authorization of nor a condition precedentto entitlement to any suds adjustment, 4263 with respect to Work that is paid for on a chat Price Basis, any adjustment in Contract Price will be sublet to the provisions of paragraphs 9 10 and 119 and 4264 CONTRACTOR shall not be entitled to any adjustment in the Contract Rice or Times of 4264 1 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Tines by the submission of a bid or becoming bound under a negotiated contract, or 42642 the emsterice of such condition could reasonably have been discovered or revealed as a result of any exammatiol, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTORS making such final commitment, or 42643 CONTRACTOR faded to give the written notice within the time and as required by paragraph 4 2 3 If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Tinier, a clam may be made therefor as provided in Articles 11 and 12 However OWNER ENGINEER and ENGINEERS Ccns hams shall not be liable to CONTRACTOR for any cleans, casts, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3 Physical Conrbaons—Underground Faahnes 4 3 1 Shorn or Inahcated The Information and data shown or indicated in the Contract Documents with respect to =sung U derground Facilities at o r contiguous to the site is lased on inficmation and data funashed to OWNER or ENGINEER by the owners of such Underground Facilities or by others Unless it Is otherwise expressly provided in the Supplementary Condmons 43 1 1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or date and 4 3 1 2 The cost of all of the following will be included In the Contract Price and CONTRACTOR shall have full responsibility for (1) reviewing and checking all such information and data, (u) locating all Underground Facilities shown or Indicated in the Contract Docmnems,(m) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all Such Underground Facihnes as provided in paragraph 6 20 and repenting any damage thereto resulting from the Work 432 Not Shown or Indicated If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, ,rempHy Immediately after becoming aware thereof and befPore further disturbing conditions affected thereby or perform mg any Work in connection therewith (except in an emergency as required by paragraph 6 23) identify the owner of such Underground Facility and E1CDC GENERAL CONDITIONS 1910.8 (1990 Edtim) w/CITY OF FORT COLLINS MODIFICATIONS (REV 412000) give written nonce to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any to which a change is required in the Contract Documents to reflect and document the consequences of the emstence of the Underground Faahty If ENGINEER concludes that a cbange in the Contract Documents is required a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences Diving such time CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in 620 CONTRACTOR 4&4 may be allowed an increase in the Contract Price or an extension of the Contract Tunes, or both to the ardent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents end that CONTRACTOR did not know of and could not reasonably have been to be aware of or to have anticipated If OW�nd CONTRACTOR are unable to agree on entitlement to or the amount or length of any such ddJJustmem in Contract Price or Coiunact Times CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 However OWNER, ENGINEER and ENGINEERs Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages Incurred or sustained by CONTRACTOR on a in connector withany other project <r anticipated project Reference Powts 44 OWNER shall provide engmeering 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 poses and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever say reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsble for the accurate replacement or relocation of such reference points by professionally qualified personnel 45 Asbestos PCBs Petroleum Hawdous Wage or Radroadive Material 4 5 1 OWNER shall be responsible for any Asbestos, PCBs, Petroleum Hazardous Waste or Radioactive Maternal uncovered or revealed at the site which was not shown or indicated in Drswungs 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 Ia property exposed thereto inconnection with the Work at try OWNER shall not be responsible for any Such materials brought to the site by CONTRACTOR Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible ARTICLE S. BONDS AND INSURANCE Performance Payment and Other Bonds 5 1 CONTRACTOR shall fumish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTORS ob attars under the Contract Documents These Bonds 1 remain in effect at least mail one year after the date when final payment becomes due except as provided otherwise by Laws or Regulations a by the Contract Documers CONTRACTOR shall also furnish such other Binds as are required by the Supplementary Conditions All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws a Regulations and shall be executed by such sureties as are named in the current list of Companies Hol Certificates of Authority as Acceptable Sureties on Teal Bads and as Acceptable Remaining Compames as published in Cucular570 (amended) by the Audit Staff Bureau of Government Financial Operations, US Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agents authority to act 52 If the surety on any Bond famished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do busmass is terminated in my state where any part of the Project is located or it ceases to meet the requirements of paragraph 5 1 CONTRACTOR shall within ten days thereafter substitute another Bard and surety both of which must be acceptable to OWNER. 5,3 Licensed &rehes and Insurers Cerhfrcutes 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 compames that are duly licensed or authorized in the lunsdictron in which the Project rs located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions 5 3 2 CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions certificates of msurmice (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and mamtsin in accordance with paragraph 5 4 QAI1 R sheler any BOW a"Iteftel Fe"F.d to MiNha., and E]CDC GENERAL CONDITIONS 19104 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4)2000) CONTR4CTOR s Liability Insurance 54 CONTRACTOR shall purchase and maintain such liability and other insurance as u appropriate for the Work being performed and furmshed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTORS performance and famshing of the Work and CONTRACTORs other obligations under the Contract Documents, whether it is to be performed or futmshed by CONTRACTOR, any Subccntmcta or Supplier or by anyone directly a mdirectly employed by any of them to perform or furnish any of the Work a by anyone for whose acts any of them may be liable 5 4 1 cleans under workers compensation, dnsabiltty benefits and other similar employee benefit acts 5 42 claims for damages because of bodily injury occupational sickness or disease or death of CONTRACfORs employees 543 claims for damages because of bodily injury sickness a disease or death of any person other than CONTRACTORS employees 545 clams for damages, other than to the Work itself because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom and 5 4 6 cleans for damages because of bodily injury or death of arty person or property damage arising out of the ownership maintenance a use of any motor vehicle The policies of insurance so required by this paragraph 5 4 to be purchased and maintained shall 5 4 7 with respect to insurance required by paragraphs 5 4 3 through 5 4 6 inclusive and 5 4 9 include as additional insureds (subject to any mstcmmy exclusion in respect of professional Lability) OWNER ENGINEER, ENOINEERs Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds 5 4 8 include the specific coverages and be written for not less than the hunts of Lability provided in the Supplementary Conditions or required by Laws a Regulations, whichever is greater 5 4 9 include completed operations insurance EJCDC GENERAL CONDITIONS 1910-8 (1990 Edam) V C1TY OF FORT COLLINS MODIFICATIONS (REV 42000) 5410 include contractual liability insurance covering CONTRACTORs indemndy obligations under paragraphs 6 12 6 16 and 611 through 6 33 5 4 11 contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conchhols to whom a certificate of insurance has been issued (amp the certificates of nnsurame famished by the CONTRACTOR pursuant to paragraph 5 3 2 will so provide) 5 4 12 remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting removing or replacing defective Work m acoordence with paragraph 1312 and 5 4 13 with respect to completed operations insurance, and arty insurance coverage written on a cleans -made basis, remain ineffect for at least two years after final payment (and CONTRACTOR shall famish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of contmaadon of such insurance at final payment and one year thereafter) 09 NAM's LtabthtyInsumce 55 In addition to insurance required to be provided by CONTRACTOR under paragraph 54 OWNER, at OWNERS option, may purchase and maintain at OWNERS expense OWNERS own liability insurance as will protect OWNER against cleans which may sines from operations under the Contract Documents Property Insurwree ]O EICDC GENMLAL CONDITIOM 19108(1990 EARim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV V1000) SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 25 day of March in the year of 2008 and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and Vogel Concrete Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 AGREEMENT RENEWAL & WORK 1 1 Renewal This Agreement is a renewal of the Agreement entered into between the parties on the 17`h day of April, 2007, entitled Specifications and Contract Documents for 2008 Renewal, Bid No 6046, City of Fort Collins (hereinafter called The 2007 CONTRACT)and all portions interpreted as if the same were attached hereto This renewal is authorized pursuant to Article 3 1 1 Contract Period, of the 2007 CONTRACT This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until April 17, 2009 This work shall consist of the removal and/or installation of concrete curbs, gutters, sidewalks, crosspans, aprons, drive approaches, inlets, concrete pavement, and pedestrian access ramps and placement of temporary asphalt patching adjacent to new concrete on designated streets in the City of Fort Collins and is generally described in Section 001010 Related traffic control is also included ARTICLE 2 ENGINEER The Project has been designed by City of Fort Collins Engineering, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents ARTICLE 3 CONTRACT TIMES 3 1 Contract Period is signed by the City, and unless sooner terminated as City, the agreement may be exceed three (3) additional be negotiated by and agreed 7/96 This Agreement shall commence when this contract shall continue in full force until April 17, 2009, herein provided In addition at the option of the extended for additional one year periods not to one year periods Pricing changes, if any, shall to by both parties in writing Section 00300 Page 1 Receipt andAppbcabon of Insurance Proceeds 512 Any msured loss under the policies of insurance required by paragraphs 5 6 and 5 7 will be adjusted with OWNRR and made payable to OWNER as fiduciary for the insureds, as their interests may appear subject to the requirements of arty applicable mortgage clause and of paragraph 513 OWNER Mall deposit in a separate account any money so received, and shall distribute it in aceadame with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shell be repaired a replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment 5 13 OWNER as fiduciary shall have power to adjust and settle any loss with the trauma unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNERS exercise of this power If such objection be made OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers s Acceptance of Bonds andfnsamnce Option to Replace 514 If OWNER has any o1>)echon to, the coverage afforded by or oder provisions of the Bands a insurance required to be purchased and maintained by the CONTRACTOR in accordance with Article 5 m the sus of nonce forename with the Contract Documents the Partial Obbrabon Properrylnsumnee 515 If OWNER finds it necessary to occupy or use a potion or portions of the Work prior to Substantial EJCDC GENERAL COMMONS 1910.8 (1990 Eaha n w/CITY OF FORT COLLINS MODIFTCATIONS (REV 420(30) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14 10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected airy changes in coverage necessitated thereby The msurem providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy ARTICLE 6—CONTRACTOR S Supervision andSaperudendence 61 CONTRACTOR shall supervise, inspect and direct the World competently and efficiently devoting such attention thereto and applying such skills and expertise w may be necessary to perform the Work in accordance with the Contract Documents CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of oonsbucborl but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents 62 CONTRACTOR shall keep on the Work at all tunes during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordanmy circumstances The superintendent will be CONTRACTOR s representative at the site and shall have authority to act an behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor Materialsand Equipment 63 CONTRACTOR shall provide competent, suitably qualified personnel to survey lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all times maintain good discipline and order at the site Except as otherwise required for the safety a protection of persons or the Work or property at the site or adjacent thereto and except as otherwise indicated in the Contract Documents all Work at the site shall be performed during regular waking hours and CONTRACTOR will not permit overtime work a the performance of Work on Saturday Sunday a any legal holiday without OWNERS written aorisent given alter prior written notice to ENGINEER CONTRACTOR shall submit reouests to the ENG1N]IER no less than 48 hours in advance of any Work to be Performed on Saturday. Sunday. Holidays or outside the Reader Working Hours 11 64 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility, for all matenals, equipment, labor transportation, construction equipment and machinery tools, appliances, fuel power light, heat, telephone water sanitary facilities temporary facilities and all other facilities and incidentals necessary for the furnishing performance testing, start up and completion of the Work 641 Purchasuig Restrictions CONTRACTOR must comply with the City s nnuchesnma restrictions A c of the resolutions are available for review in the o cos of the Pachasina and Risk Ivfanaaeni Division or the City Clerks office 642 Cement RestnCuo City of 1•ort Colbns Resolution 91 121 reuunres that suppliers and producers of cement or proclacb containing coment to certify that the cement was not made in cement 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 Contmct Documents All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) w to the kind and quality of materials and equipment All materials and equipment shall be applied installed, connected erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier except as otherwise provided in the Contract Documents Progress Schedule 66 CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2 9 as it may be adjusted from unit to tune as provided below 661 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2 9) proposed adjustments in the progress schedule that will rat change the Contract Times (a Milestones) Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto 662 Proposed adjustnens in the progress schedule that will change the Contract Times (a Milestones) shall be submitted in accordance with the requirements of paragraph 121 Such adjustments may only be made by a Change Order or Witten Amendment in accordance with Article 12 6.7 Substindesitad OrvEqual' Items 6 7 1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item a the time of a particular Supplier the specification or description m intended to establish the type function and quality required Unless the specification or description 12 EJCDC GENERAL CONDITIONS 19108(1990 Edum) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) contains a is followed by words reading that no like equivalent a a equal item or no substitution is permitted other items of material a equipment or materiel or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances 6711 0Or Equal If in FNGINEERs sole discretion an item of material a equipment proposed by CONTRACTOR is functionally equal to that named end sufficneuly similar so that no change in related Work will be required it may be considered by ENGINEER as an onequal item in which case review and approval of the proposed item may in ENGINEERs sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items 6712 Subslrlurelrems I£m ENGTNEERssole discretion an item of material or equipment proposed by CONTRACTOR does not quality as an "orcqual" item under subparegmph 6 7 1 1 it will be considered a proposed substitute item CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determme that the item of material a equipment proposed is essentially egmvalent to that named and an acceptable substitute therefor The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from airyore other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof certdyi g that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be s mile in substance to that specified and be suited to the same use as that specified The application will state the extent if any to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTORS achievement of Substantial Completion on time whether or not acceptance of the substitute for use in the Work will require a charge in my of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in conviction with the Work is subject to payment of any license fee a royalty All vanationns of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly frorn acceptance of such substitute including costs of redesign and clams of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute ENGINEER may require CONTRACTOR to fumsh additional data about the proposed substitute 6 7 13 CONTRACTOR s Expense All data to be provided by CONTRACTOR in support of any proposed or -equal or substitute item will be at CONTRACTOR'S expense 672 Substitute Construction Methods or Procedures If a specific means method, technique sequence or procedure of construction is shown a indicated in and expressly required by the Contract Documents, CONTRACTOR may fumtsh or utilize a substitute means, method, technique sequence a procedure of construction acceptable to ENGINEER CONTRACTOR shall Submit sufficient information to allow ENGINEER in ENGiNEERs sole discretion to deturnme that the Substitute proposed is equivalent to that expressly called for by the Contract Documents The procedure for review by ENGINEER will be similar to that provided in subparagraph 6 7 12 673 Engineers Evaluation ENGINEER will be allowed a reasonable time wnhm which to evaluate each proposal or submittal made pursuant to paragraphs 6 7 12 and 6 7 2 ENGINEER will be the sole judge of acceptability No cr�qual or substitute will be ordered, installed or uttli without ENG]NEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing OWNER may require CONTRACTOR to fum[sh at CONTRACTORS expense a special petfomianee guarantee or other surety with respect to any or -equal. or Substitute ENGINEER will record time required by ENGINEER and ENGINEERS Consultants in evaluating Substitutes proposed or submmed by CONTRACTOR puatimit to paragraphs 6 7 12 and 6 7 2 and in making changes in the Contract Documents (or in the provisions of amy other direct contract with OWNER fa wok on the Project) occasioned thereby Whether or not ENGINEER acospts a substitute item so proposed a submitted by CONTRACTOR CONTRACTOR shell rmmbum OWNER for the charges of ENGINEER and ENGINEERS Corsultams for evaluating each such proposed Substitute item 6.8 Concerning Subcontractors Supphers and Offers 6 8 1 CONTRACTOR shall not employ any Subcontractor Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6 8 2) whether initially a as a substitute against whom OWNER a ENGINEER may have reasonable objecton CONTRACTOR shall no be required to employ cry Subcontractor Suppppher a other person or agamation to furnish or perfcon any of the Work against whom CONTRACTOR has reasonable objection E]CDC GENERAL CONDITIONS 1910.8 (1990 E(haan) W CITY OF FORT COLLINS MODIFICAMONS (REV 412000) 6.9 CONTRACTOR shell oerfam not less then 20 percent of the War vnth its own faces (that is, without subetamectima) The 20 percent reauve atut shall be understood to refer to the Work the value of wluch totals not less than 20 percent of the Connect Price 6 8 2 If the Surailemenap, Gandikene Brddm Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to fumtsh the principal items of materials or equipment) to be submitted to OWNER date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,—end-4 OWNERS or ENGINEERS acceptance (either in writing a by failing to make written objection thereto by the date indicated fa acceptance a objection in the bidding documents or the Contract Documents) of in ...L...L a—.; /�hT1TD A/�1'!1D .Sall �..Lu.An ENG1NhbK No acceptance by VWNhN. 4a ENGINEER of any Such Subcontractor Suppher a other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject &jeetive Work 6 9 1 CONTRACTOR shall be fully responsible to OWNER and ENGINEER fa all acts end ommO s of the Subcontractors, Suppliers and other persons and organizations perfamnng or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTORS own acts and omissions Nothing in the Contact Documents shall create fa the benefit of any such Subcontractor Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor Supplier or other paean a organization, nor shall it create my o 1Wt,on on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any Such Subcontractor Supplier or other person or organization except as may otherwise be required by Lam and Regulatrors OWNER or ENGINEER may turmsh to arw subcontractor, suooher or other tnerspn a organization evidence of amourds pad to CONTRACTOR in accordance with CONTRACTORS Appllcahorsfa Payment 13 692 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and orgaraations performing or furnishing any of the Work under a direct or vahrect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furmshing any of the Work to communicate with the ENGINEER through CONTRACTOR 610 The divisions and sections of the Specifications and the identifications of any DmwlW shell not control CONTRACTOR in dividing the Work among Subcontractors a Suppliers or delineating the Work to be performed by any specific trade 611 All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically bmds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER Wherevet: my aush agreement listed as Paten I Fees and Roywdhes 612 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device winch is the subject of paled tights or copyrights held by others If a particular Invention, design, process, product or device is specified in the Contract Documents for use in the peiiormarnce of the Wade and if to the actual knowledge of OWNER or ENGINEER its use Is subject to patent rights Or copyrights calling for the payment of any license fee a royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold hamhless OWNER, ENGINEER ENGINEERS Consultants and the otEcers, directors, employces, agents and other consultants of each and any of them from and against all claims casts, losses and damages arising out of or resulting from any vifnngement of patent tights or COpynglas madent to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, desngri, process product or devii,e not specified in the Contract Documents 14 ErCDC GENERAL COMMONS 19104(1990EAithm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4l1000) Permits 613 Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses OWNER shall assist CONTRACTOR, when necessary in obtaining such permits and licenses CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are apphcable at the time of opening of Bids, a if there are no Bids on the Effective Date of the Agreement CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 614 LawsmalRegufanoas 614 1 CONTRACTOR shall give all notices and comply with all Laws mid Regulations applicable to furnishing and performance of the Work Except where otherwise expressly, required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for momtonng CONTRACfORs compbance with any Laws or Regulations 6142 If CONTRACTOR performs any Work knowing or having reason to know that It is contrary to Laws or Regulations. CONTRACTOR shall bear all clams, costs, losses and damages caused by ans ag out of orresulting therefrom however it shall not be CONTRACTOR's pnmany respo sibthty to make certain that the Specifications and Drawings are in accordance with Laws and Regulaticrs, but this shall not relieve CONTRACTOR of CONTRACTORS obligations under paragraph 3 3 2 Taxes 615 CONTRACTOR shall pay all sales, consumer use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work 615 1 OWNER is exemot from Colorado State and local sales and use taxes on materials to be peen ensnlly m=ec posted vita the tsoect Said tmres shell not be included m the Contract Price Address Colorado Department of Revenue State Carnal Annex 1375 Sherman Street Denver. Colorado. 80261 Sales and Use Taxes for the State of Colorado Reaioml Transuortation District (RTD) and certain Colorado counties are collected by -the State of Colorado and are included in the Certification of Exemption All applicable Sales and Use Taxes (uncludina State colkaedcollect d taxe�on any items other than constructionany items other than constntcti and buildm materials physically incorporated into the jto act are to be raid by CONTRACTOR and are to be included in appropriate bid items Use of Premises 616 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of worker to the site and land and areas identified in and permitted by the Contract Documents and other lard and areas permitted by Laws and Regulations, rights -of way permits and easements, and shall not unreasonably encumber the premises with construction equipment a other materials or equipment CONTRACTOR shall assume full responsibility for any damage to any such land or area or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any clam be made by any such owner a occupant because of the performance of the Wale CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the clamp by arbitration a other dispute resolution proceeding or at law CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultant and anyone directly or indirectly employed by any of them from and against all clams costs, losses and damages arising out of or resulting from any clarm a action, legal or equitable brought by any such owner a occupant against OWNER, ENGINEER or any other party mdemnified hereunder to the extent caused by or based upon CONTRACTORS perfonnarnoe of the Work 617 During the progress of the Work, CONTRACTOR shall key the premises free from accumulations of waste matmals, rubbish and other dabls resulting from the Work At the completion of the Work CONTRACTOR shell remove all waste materials, rubbish and debris from and about the premises as well as all tools appliances. construction equipment and machinery and surplus materials CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to ongmml condmon all property not designated fa alteration by the Contract Documents 618 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it Record Documents ErCDC GENERAL CONDITIONS 19104 (1990 E(bnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 619 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addends, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9 4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a co of all approved Shop Drawings will be avmlable to ENGINEER for reference Upon completion of the Work, and to release of final Payinto release of final Payin these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER Safety and Proteenon 620 CONTRACTOR shell be responsible for mdiatmg, maintaining and supervising all safety precautions and programs in connection with the Work CONTRACTOR shall take all necessary, precautiors for the safety of and shall provide the necessary protection to prevent damage. injury in loss to 620 1 all persons on the Work site or who may be affected by the Work 6 20 2 all the Work and materials and equipment to be incorporated therm, whether in storage on or off the site and 6 20 3 other property at the site or adjacent thereto includmg trees, sbmbs lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction CONTRACTOR shall comply with all applicable Laws andRegufatmns of any public body have ngjunsdicnon for safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection CONTRACTOR shell notify owners of adjacent property and of Underground Facilities and mility owners when prosecution of the Work may affect them and shall cooperate with thorn in the protection, removal relocation and replacement of them property All damagge ma�]ury a loss to any property referred to in pamgraphs6202 Or 6 20 3 caused, directly or indirectly in whole or in part, by CONTRACTOR, any Subcontractor Supplier a arty other person or organization directly a indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable shell be remedied by CONTRACTOR (except damage or Ion attributable to the fault of Drawings a Specifications a to the acts or omLsaons of OWNER or ENGINEER or ENGINEERs Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable and not attributable directly or indirectly in whole a in part, to the fault a negligence of CONTRACTOR or any Subcontractor Supplier or other person or orgamzatiah directly or indirctly employed by any of them) CONTRACTORS duties and responsibilities for the safety and protection of the Work shall cosine until such time as The Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14 13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) 6.21 Safety Representative CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities bilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs Hazard Commummation Programs 622 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets a other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations Finargencies 623 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto CONTRACTOR, without special instruction a authamation from OWNER or ENGINEER its obligated to act to prevent threatened damage injury or loss CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or verations; from the Contract Docmments have been caused thereby If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency a Work Change Directive a Change Order will be issued to document the consequences of such action 6.24 Shop Drawings andSamples 6 24 1 CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sernple submittals (see paragraph 2 9) All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements The data shown on the Shop Drawings Will be complete with respect to quantities, dimensions specified performance and design criteria materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6 26 6 242 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals Each Sample will be identified clearly as to material, Supplier pertinent data such as catalog numbers and the use fa which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 EJCDCOENFRALCONDITIONS 1910-s(1990 E(kum) w/ CITY OF FORT COLLINS MODIFICATIONS MV 42000) purposes required by pamgraph626 The numbera of each Sample to be submitted will be as specified in the Specifications 62S Submidal Procedures 6 25 1 Before submitting each Shop Drawing a Sample CONTRACTOR shall have determined and verified 62511 all field measurements quantities, dimensions, specified performance titters installation requirements, materials, catalog numbers and similar informabon with respect thereto 62512 all materials with respect to intended use fabrication, slipping handling storage assembly and installation pertaining to the performance of the Work and 62513 all information relative to CONTRACTORS sole responsibilities in respect of means methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto CONTRACTOR shall also have reviewed and coaduated each Ship Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents 6 25 2 Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTORS obligations under the Contract Documents with respect to CONTRACTORs review and approval of that submittal 6 25 3 At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations if any that the Shop Drawing a Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal and in addition, shall cause a specific notation to be made on each Shop Drawing end Sample submitted to ENGINEER for review and approval of each such variation 626 ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2 9 ENGINEERs review and approval will be only to determine if the items covered by the submittals will after installation or moorporation 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 fintctioning whole as indicated by the Contract Documents, ENGINEERS review and approval will not extend to means, methods techniques, sequences Or procedures of construction (except where a particular means, method, technique sequence or procedure of constriction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of conecterl copies of Shop Drawings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER m previous submittals 627 ENGINEERS review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in wring called ENGINEERS attention to each such vanation at the time of submission as required by paragraph 6 25 3 and ENGINEER has given written approval of each such variation by a specific written rotation thereof incorporated in or accompanying the Shop Drawing or Sample approval nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complymg with the requirements of paragraph 6 25 1 6 28 Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by pemgmph 2 9 arty related Work performed prior to ENGINEERS review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work 629 CONTRACTOR shah carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed a postponed pending resolution of any disputes a disagreements, except ss permitted by paragraph 15 5 or as OWNER and CONTRACTOR may otherwise agree in writing 6.30 CONTRACTOR s Gmoal Warranty and Guarantee 6301 CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective 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 Suppliers or 63012 normal wear and tear under normal usage 6 30 2 CONTRACTORS obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute None of the following will constitute an acceptance of Work that s not in E1CDC GENERA[. CONDITIONS 1910-8 (1990 &him) w/ CITY OF FORT COLLIM MODIFICAMNS (REV 42000) accordance with the Contract Documents or a release of CONTRACTOR s obligation to perform the Work in accordance with the Contract Documents 63021 observations by ENGINEER 63022 recommendation of any progress or final payment by ENGINEER 63023 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents 63024 use or occupancy of the Work or any part thereof by OWNER 63025 any acceptance by OWNER or arty failure to do so 63026 any review and approval of a Shop Drawing or Sample submittal a the nssuame of a notice of acceptability by ENGINEER pursuant to paragraph 14 13 63027 any inspection, test or approval by others or 63028 arty correction of defective Work by OWNER Indemnrfrcahon 631 To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all plaints, costs, losses and damages (intludi g, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all omit or arbitration or other dispute resolution costs) caused by arising out of or resulting from the performance of the Work provided that any such charm cost, leas or damage (i) is attributable to bodily mlury, tackiness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) mcludug the loss of use resulting therefrorn and (it) is caused in whole or in pan by any negligent act or omission of CONTRACTOR any Subcontractor any Supplier any person or organ nation directly a indirectly employed by any of them to perform or furnish anyy of the Work a anyone for whose acts any of them may be liable regardless of whether or not caused m part by any negligence or omission of a person or entity in red hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person a entrty 632 In any and all clams against OWNER a ENGINEER or any of their respective consultants, agents, officers, dimctom or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, arty Subcontractor any Supplier any person a organization directly or indirectly employed by IN miry of them to perform or furnish any of the Work a anyone for whose acts any of them may be Fable the mdemmficahon obligation under paragraph 631 shall not be minted in any way by any limitation on the amount or type of damages, compensation or benefits payable by or to CONTRACTOR a any such Subcontractor Supplier a other ppersml or organization under workers compensation acts disability benefit acts or other employee benefit acts 633 The indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the liability of ENGINEER and ENGINEERS Consultants officers, directors, employees or agents mused by the professional mghgence, errors or omissions of any of then Sarwvat ofObGgadons 634 All representations wdemnifications, warn Mies and guarantees made m, required by a given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docanants, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement ARTICLE 7—OTB ER WORK ReWed Work at Site 71 OWNER may perform other work related to the project at the site by OWNERS own faces, a let other direct contracts therefor which shall ixntain General Conditions similar to these or have other work performed by utility owners If the fact that such other work is to be performed was not noted in the Contract Documents then () written notice thereof will be given to CONTRACTOR pia to starting any such other work and (u) CONTRACTOR may make a clam therefor as provided in Articles I 1 and 12 if CONTRACTOR baheves that such performance will involve additoal expense to CONTRACTOR or requires additional time and the parties we unable to agree as to the amount or extend thereof 72 CONTRACTOR shall afford each other contractor who is a party to such a direct catract and each utility owner (and OWNER, of OWNER is performing the additional work with OWNERs employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the executicn of such other work and shall properly connect and coordmate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work CONTRACTOR shall not endanger any work of others by cutting excavating or otherwise altering their work and will only cut or altar thew work with the written consent of ENGINEER and the others whose work will be affected The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 18 EJCDC GENERAL CONDITIONS 1910-8 (1990 EdUm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractor 73 If the proper execution or results of any part of CONTRACTORS Work depends upon work performed by others under this Article 7 CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable a unsuitable for the proper execution and results of CONTRACTORs Work CONTRACTORs failure so to report will constitute an acceptance of such other work w fit and proper for integration with CONTRACTORS Work except for latent a nonapparent defects and deficiencies in such other work Coa dmatnon 74 If OWNER contracts with others for the performance of other work on the Project at the site, the following will beset forth in Supplementary Conditions 7 4 1 the person firm a corporation who will have authority and responsibibty for 000rdmation of the activities among the various prime contractor will be identified 742 the specific matters to be covered by such authority and responsibility will be itemized end 743 the extent of such authority and responsibilities will be provided Unless otherwise provided in the Supplementary Condition OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE & OWNER'S RESPONSIBILITIES 81 Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACT OR through ENGI LEER 82 In case of termination of the employment of ENGINEER, OWNER shall appoint an engtneer whem CONTRACTOR as am W}IOSe 9talUe Linde the Contract DOCUmelta shall be that of the former ENGINEER 83 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14 4 and 14 13 84 OWNERs duties in respect of providing lands and easements and providing engmeeruhg surveys to establish reference points are set forth in aragraphs 41 and 44 Paragraph 42 refers to OWNERs ndentifyng aid makmg available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical corditiors in existing structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents 86 OWNER Is obligated to execute Change Orders as indicated in paragraph 10 4 87 OWNERS responsibility in respect of certain aispections, tests and approvals is set forth in paragraph 13 4 88 In connection with OWNERS right to stop Work or suspend Work we paragraphs 13 10 and 151 Riagraph 152 deals with OWNERS right to terminate services of CONTRACTOR under certain cucumstarices 89 The OWNER shall not supervise, direct a have control or authority over nor be responsible for CONTRACTORS means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto a for any failure of CONTRACTOR to comply with Laws and RegulaUais applicable to the furnishing or performance of the Work OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents ARTICLE 9—ENGINEER S STATUS DURING CONSTRUCTION OIYIVLR sRepresentative 91 ENGINEER will be OWNERs representative during the construction period The duties and responsibilities and the limitations of authority of ENGINEER as OWNERS representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Fmts to Site 92 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910-8 (1990 EiBnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) that has been made and the quality of the various aspects of CONTRACTORS executed Work Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determme in general if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous cn site inspections to check the quality a quantity of the Work ENGINEERS efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform geriemlly to the Contract Documents On the basis of such visits and on site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work ENGINEERS visits and on�ite observations are subject to all the limitations on ENGINEER's authority and responsibility Set forth in paragraph 9 13 and particularly but without limitation, during or as a result of ENGINEERs on -sate visits or observations of CONTRACTOR'S Work ENGINEER will not supervise direct, control a have authority over or be responsible fa CONTRACTORS means, methods techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto or for arty failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work Project Representative 93 If OWNER and ENGINEER agree ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more contmuoua observation of the Work The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragmphs93 and 913 C,enditians of these General Conditions If OWNER designates another re tive or agent to represent OWNER at the site w�t ENGINEERs Consultant, agent or employee, the responsibrhges and authority and limitations thereon of such other person will be as provided in Danu amh 93 931 The Representatives deshrgs m matters the on -site work wilin general- be with the GINEER and CONTRAC OR But the $ejreeerrtative will keep the OWNER raoarly advised about such mattem The Representatives dealuw with Subcontractors will only be thro—,h or with the full knowledae and amaoval of the CONTRACTOR 932 Duties and Respon%tnhtiw Representative will 9 3 2 1 Schedules Review the aeMss 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concmung agoeqb4iLy 9 3 2 2 Conferences and Meetum Attend meehnp with the CONTRACTOR such as preconstruction conferences, progress meetings end other lob conferences erd prepare and circulate copies of minutes of meetiras 9323 Liaison 93231 Serve as ENGINEERS limson with CONTRACTOR working a wally through CONTRACTORS supmntendent to esyst the CONTRACTOR m understanding the Contract Docummts 93232 ino o OWNER addrtimal date or mfamation. whin required for proper execution of the Work 9 3 2 33 Advise the ENGINEER m CONTRACTOR of the commencement of any Work reau m a Shop Dmwm¢ or sample submission if the submission has not been apaoved by the ENGINEER 9 3 2 4 Review of Work. Rejection of Defective Work Inspections and Tests 9324,1 Conduct on ede observations of the Work m to assist the ENGINEER In determining t the Work is aocmdmg m accordance with the Contract Docwnents 93243 Accompany visitum represent nna public or other agencies vuig junsdictim over the Project, record the results of these mZations and report to the ENGINEER 9325 Interpmetatnon of Contract Docutnems Remt to ENGINEER when clarifications and interpretations of the Cottrsa Documents are needed and "Iturit to CONTRACTOR clanfication and mteroretatim of the Contract Docuinents w issued by the ENGINEER 9 3 2 6 Modifications Consider and evaluate CONTRACTORS suggestions fa Er -DC GENERAL CONDITIONS 191M (1990 Edium) 20 w/ CITY OF PORT COLLINS MODIFICATIONS(AEV 42000) modification in Dmwuw or Sixcificitti and report ese recommendations to ENGUREER Accurately treamat to CONTRACTOR decWcos issued by the ENGINEER 9 3 2 7 Records 9 3 2 8 Repots 93281 Fumish ENGIdEER periodic reports as `* r2 ed. of the Awn Rfft Walt and of the CONTRACTORS conpia= vnth the progress schedule end schedule of shoo Drawing and sample submittals 93282, Consult with ENGINEII2 m advance of achedulnng m�a tests. mmmections or start of Important phases of the Walt 93283 Draft proposed Change Orders end Work Dtrective Charigea obt%lm backup metmel from the CONTRACTOR and recommend to ENGINEER Change Orders. Work Directive Changes and field Min 93284 Report immediately m ENGINEER and OWNER the pcournnm of any accident 9 3 2 9 Payment Requests Review applications fa riavmmt with CONTRACTOR fm comphance with the established procedure fa their submission and forward with recommendation m 3 2 The Work shall be Substantially Complete within 120 consecutive working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 30 calendar days of Substantial Completion 3 3 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 1) Substantial Completion One Thousand Dollars ($1,000) for each calendar day or fraction thereof that expires after the One Hundred Twenty (120) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the thirty (30) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance ARTICLE 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows The Price of your Agreement is ($1,383,689 52), $One Million Three Hundred Eighty Three Thousand Six Hundred Eighty Nine Dollars and Fifty Two Cents 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 7/96 Section 00300 Page 2 ENGINEER, noting particularly the mlanonalun of the paymrot re mated to the schedule of valu work corn eted and materials and equipmerrt delivered at the site but not meMiorated in the Work 9 3 2 10 Completion 932101 Before ENGINEER issues a Certificate of Substantial Compleuort submit LW - to CONTRACTOR a list of observed Items rWu= correction or completion 932102 Conduct final inspection in the m of the G O and CO RACTOR andyrapare a final list of items to be corrected or completed 93,2103 Observe that all items on the final list have been corrected or oom lleeteedd andmake recommendations o EN ER concerning sccetsmnce 933 Limitation of Authority The Representative she not 9 3 3 1 Authorize any deviations from the Contract Documents or accept any substitute materials a egylpmmt unless authorized by the ENGINEER 93.32 Exceed lanitatims of ENGINEERS authority as set forth in the Contract Documents 9333 Undertake any of the responsibilities of the CONTRACTOR Subcontractors, a CONTRACTOR S supuutmde nt 9334 Advise on or issue directions relative to, or assume control over any aspect of the means methods, techmaues semences or procedures for construction unless such is ime¢ifioallv called for in the Contract Documents 9335 Advise m or issue directio regeadmg or assume control over safety precautions and raoraems in connections with the Work 9336 Accent Shoo Draw or same submittals from anvme other than the CONTRACTOR 9337 Authorize OWNER to occupy The Work in whole or in pert. 9 3 3 8 Participate m noalized field a labomtory tests or inspections conducted by others extent as smacificalk authorized by the ENGINEER CTarifrcatims andfnferprerahons 94 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the ECDC GENERAL CONDITIONS 1910-8 (1990 Ethtim) w/ CITY OF FORT OOLLINS MOMFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings in otherwise) as ENGINEER may determine necessary which shall be consistent with the intent of and reasonably inferable from the Contract Documents Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification a mterpretation justifies an adjustment in the Contract Price or the Contract Timm and the parties are unable to agree to the mourn or extent thereof if any OWNER or CONTRACTOR may make a written claim therefor as provided in Article II or Article 12 Authorized Vana@om in Work. 95 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an ad,Iustmem in the Contract Price a the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents These maybe accomplished by a Field Order and will be bmdi% on OWNER and also on CONTRACTOR who shall perform the Work involved promptly If OWNER or CONTRACTOR believes that a Field Orderjusufies an adjustment in the Contract Price in the Contract Times and the parties are unable to agree as to the amount or extent thereof OWNER a CONTRACTOR may make a written claim therefor m provided in Article 11 a 12 Rejecting Defechve Work 96 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents a that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13 9 whether a not the Work is fabnwted, installed or completed Shop Drawings Change Orders and Payments 97 In connection with ENGINEERs authmty as to Shop Drawings and Samples, we paragraphs 6 24 through 628 inclusive 98 In connection with ENGINEERS authority as to Change Orders, we Articles 10 11 and 12 99 In connection with ENGINEERS authority as to Applications for Payment see Article 14 Ddermrnahons for Unit Pnca 910 ENGINEER will determine the actual quantities and classifications of Umt Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the EN(rINEERs preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise) ENGINEERswntten decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGR4EERs demsim and (1) m appeal from ENGINEERS decision is taken within the time limits and in accordance with the procedures set forth in Exlubu GC A, Dispute Resolution Agreement entered into between OWNER and CONTRACTOR pursuant to Article 16 or (u) if no such Dispute Resolution Agreement has been entered into a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEERs decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9 11 Deasions on Dfspares 911 ENGINEER will be the untal interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents per among to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price a Contract Tans will be refered initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph Wntten notice of each such claim dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the oceurance or event giving rise thereto and written m ortmg data will be submitted to ENGINEER and the oflur party within sixty days after the start of such occurrence or event unless ENGINEER allows an additaxral period of time for the submission of additional a more accurate data in support of such claim dispute or other matter The opposing party stall submit any response m ENGINEER and the claimant within thuty days after receipt of the claimants last submittal (unless ENGINEER allows additional time) ENGINEER will rerder a formal decision in writing within thirty days after receipt of the opposing party s submittal if any in accordance with this paragraph ENGINEERS written decision on such claim dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless (i) an appeal from ENGINEERs decision is taken within the time limits and in accordmce with the procedures set forth in EXHIBIT GC -A, Dispute Resolution Agreement entered into between OWNER and CONTRACTOR pursuant to Article 16 a (it) if no such Dispute Resolution Agreement has been entered into, a written notice of maeitton to appeal hom ENGINEERS written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights a remedies; as the appealing party may have with respect to such claim dispute a other matter in accordance with applicable Laws and Regulations within silly days of the date of such 22 EKDCGENERAL CONDITIONS 19104(1990Edfum) wl CITY OF FORT COLLINS MODIFICATIONS (REV 42000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 912 When functioning w interpreter and judge under paragraphs 910 and 9 11 ENGINEER will not show partiality to OWNER or CONTRACTOR end will not be liable in connection with any interpretation or decision rendered in good fadh in such capacity, The rendering of a decision by ENGINEER pursuant to paragraphs 910 or 9 11 with respect to any such claim dispute or other matter (except any which have been waived by the making a acceptance of final payment m provided in parsgraph 1415) will be a condition precedent to any exercise by OWNER or CONTRACTOR of Such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such clam dispute a other mattenpussaimataAAwle46 913 Limdotmns m ENGINEER s Authority and Responsifnlihs 9 13 1 Neither ENGINEERS authority or responsibility under this Article 9 a under any other provision of the Contract Documents nor any demsim made by ENGINEER in good firth either to exercise or not exercise such authority or responsibility a the undertaking eserase or performance of any authority or responsibility by ENGINEER shall create, impose or give rise many duty owed by ENGINEER to CONTRACTOR, my Subcontractor any Supplier my other person or organization, or to my surety for or employee or agent of any of than 9132 ENGINEER will not supervise detect, control or have authority over or be responsible for CONTRACTORS means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident therein or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work ENGINEER will not be responsible for CONTRACTORs failure to perform or furnish the Work in accordance with the Contract Documents 9 13 3 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor my Suppher or of arty other person a organization performing or furnishing my of the Work 9 13 4 ENGINEER s review of the final Application for Payment and aocompanymg documentation and all maintenance and operating instructions, schedules, guarantees. Bonds end logics of inspection, tests and approvals and other documentation requited to be delivered by paragraph 14 12 will only be to determine generally that their content complies with the requirements of and in the case of certificates of mspections tests and approvals that the results certified indicate compliance with the Contract Documents 9 13 5 The limitations upon authority and responsibility set forth m this paragraph 913 stall also apply to ENGINEERS Consultants, Resident Project Representative and assistants ARTICLE 10—CHANGES IN TITS WORK 101 Without irwalidatmg the Agreement and without notice to any surety OWNER may at any time or from time to time order additions deletions or revistons in the Work Such additions deletions o revisions will be authorized by a Written Amendment, a Change Order or a Work Change Directive Upon receipt of any such document, CONTRACTOR shall FromrRly proceed with the Wok involved which will be peronmed under the applicable conditions of the Contact Documents (except as otherwise specifically provided) 102 If OWNER and CONTRACTOR are unable to agree as to the extent, of any of an adjustment in the Contact Price or an adjustment of the Contract Taros that should be allowed as a result of a Work Change Directive a claim may be made therefor as provided in Article 11 a Article 12 103 CONTRACTOR shall not be entitled to an increase in the Contract Price a an extension of the Contact Tames with reaped to arry Work performed that is not regwred by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3 5 and 3 6 except in the case of an emergency as provided in paragraph 6 23 or m the case of uncovering Work as provided in paragraph 13 9 104 OWNER and CONTRACTOR shall execute appropriate Charge Orders recommended by ENGINEER (or Written Amendments) covering 1041 changes in the Work which are (i) ordered by OWNER pursuant to paL g ph 101 (i) required because of acceptance of deffsectrve Wok uncle paragraph 13 13 or correcting defective Wodc tide paragraph 13 14 or (m) agreed to by the parties 1042 changes in the Contract Price or Contract Tunes which are agreed to by the parties and 1043 changes in the Contract Price or Contract Tunes which embody the substance of any written decision rendered by ENGINEER pursuant to paragraphSi 11 provided that, in lieu of executing arty such Change Order an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6 29 10 5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIONS 1910-8 (1990 Edam) w! CITY OF FORT COLLINS MODIFICAIIONS (REV 4/1000) (including but not limited to Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety the giving of any such notice will be CONTRACTOR responsibility and the amount of each applicable Bond will be adjusted accordingly ARTICLE 11—CHANGE OF CONTRACT PRICE III The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work All duties, responsibnhties and obligations assigned to or undertaken by CONTRACTOR shell 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 AmendmenL Any clams for an adjustment in the Contact Price shall be based on written notice delivered by the party making the clamp to the other party and to ENGINEER promptly (hit in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and statmg the general nature of the clams Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for clamant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimants written statement that the adjustment claimed covers all known amounts to which the claimant its entitled as a result of sad occurrence or event All clans for adjustment in the Contract Price shall be determined by ENGINEER in accordance with parngraph9ll if OWNER and CONTRACTOR cannot otherwise agree on the amount involved No clan for an adjustment In the Contract price will be valid if not suhmutted in accordance with this paragraph 112 113 The value of any Work covered by a Charge Order or of any clam for an adjustment in the Contract Price will be determined as follows 11 3 1 where the Work involved its covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11 91 through l l 93 mclusive) 11 32 where the Work involved is not covered by unit pries contamed in the Contract Documents, by a mutually agreed payment basis including lump sum (which may Include an allowance for overhead and profit not necessarily in accordance with paragraph 11 62) 113 3 where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 113 2 on the basis of the Cost of the Work (determined as provided in paragraphs 114 and 11 5) Plus a CONTRACTORS fee for overhead and profit (determined as provided in paragraph 11 6) Cost of the Work 114 The term Cost of the Work means the sum of all costs n MSMIy Incurred and paid by CONTRACTOR in the Proper perforMance of the Work Except m otherwise may be agreed to in writing by OWNER, Such costs shall be in amounts no higher than those prevailing in the locality of the PnolecL shall Include only the following items and shall no include any of the costs itemized In paragraph 115 11 41 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job claSeeficatiens agreed upon by OWNER and CONTRACTOR Such employees shall Include without hmrtation superintendents foremen and other personnel employed full time at the site Payroll costs for employees not employed full4ame ort the Wok shall be apporoied of the bests of their time spent on the Wok Payroll costs shell nwhadsbutn be hmted to- salaries and waegges plus the cost of fringe benefits which shall mclude social security oxrmtnbutions, unemployment. ©case and payroll taxes, workers 001i sation, health and febessitz benefits, aa- eppIt ble thereto The exparms of performing Wok after regular wokag home, on Saturday Sunday or legal holiday% shell be included in the above to the extent authorized by OWNER 114 2 Cost of all materials and equipment furnished and moorporated in the Wok, mcludvlg costs of hsnsp9rstion and storage thereof and Supplies' field services regumed in connection therewith All cash discounts shall acoue to CONTRACTOR unless OWNER deposits fimds with CONTRACTOR with which to make Payments, in which case the cash discounts shall accrue to OWNER. All trade discounts rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained 1143 Payments made by CONTRACTOR to the Subcontractors for Work performed o furnished by Subcontractors If required by OWNER, 24 EX= QENERAL CONDITIONS 19104(1990ENnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such buds to OWNER who will then determine with the advice of ENGINEER, which bids, deny will be accepted If any subcontract provides that the Subcontractor a to be paid on the basis of Cost of the Work his a tee the Subcontractor's Cost of the Work and tee shall be determined in the same manner as CONTRACTOR'S Cost of the Work and foe as provided in paragraphs 114 115 116 and 117 All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable 114 4 Costs of special consultants (mckuhng but not limited to engineers, architects, testm laboratories surveyors, attorneys and accountmtsg employed for services specifically related to the Work 1145 Supplemental costs including the following 11451 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTORS employees incurred in discharge of duties connected with the Work 11452 Cost, mcludmg transportation and maintenance of all materials, supplies, equipment, machinery appliances, office and temporary facilities at the site and hand tools not awned by the workers, which are consumed in the perfomance of the Wok, and cost less market value of such items used but not consumed wjuch remain the Property of CONTRACTOR 11453 Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloa installation dismantling and removal thereof—a71 in accordance with terms of said rental agreements The rental of any such egwMa t, machinery or pots shall cease when the use thereof is no longer necessary for the Work 11454 Sales, consumer use or similar taxes related to the Wok, and for which CONTRACTOR is liable, imposed by Laws and Regulations 11455 Deposits lost for causes other than negligence of CONTRACTOR any Subocram to or anyone directly or mdtrectly employed by any of them o for whose acts any of then may be liable, and royalty payments and fees for permits and licenses 11456 Losses and damages (and related expenses) caused by damage to the Work, not compensated by i nsimence or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts Of property insurance established by OWNER in accordance with paragraph 5 91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them a for whose acts any of them may be liable Such losses shall include settlements made with the written consent and approval of OWNER No such losses damages and expenses shall be included in the Cost of the Work for the purpose of CONTRACTORS feIt however any wchloss Or damage requites reaonsWcuon and CONTRACTOR is placed in charge thereof CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 116 2 11457 The cost of utilities, fuel and sanitary facilities at the site 11458 Minor expenses such as telegrams long distance telephone calls, telephone Service at the site expressage and Similar petty cash items in connection with the Work 11459 Cost of premiums for additional Bonds and insurance required because of changes in the Work 115 The term Cost of the Work shall not include any of the following 1151 Payroll costs and other compensation of CONTRACTORS officers, executives, principals (of Partnership and sole proprietorships) general managers, engmeers, architects estimators, altomeys, auditors, accountants purchasing and ootntracting agents, expedders tanekeepers, clerks and other penaormel employed by CONTRACTOR whether at the site m in CONIYRACTOR's principal or a branch office for general ediousistration of the Work and not specifically included in the agreed upon schedule of job claonficaumns mlerrsd to in paragraph 1141 a Specifically covered by paragraph 114 4—all of which are to be considered admunstraWe costs covered by the CONTRACTORsfae 115 2 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTORS office at the site 115 3 Any part of CONTRACTMs capital expenses, including mtecest on CONTRACTORS capital employed for the Work and charges agatist CONTRACTOR for delinquent payments 115 4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 114 5 9 above) EICDC GENERAL CONMTIONS 191M (1990ENum) w/aTY OF FORT COLLIM MODIFICATIONS (REV 4/100a) 1155 Costs due to the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be boble including but not limited to the correction of defechve Work, disposal of materials or equipment wrongly supplied and making good any damage to property 115 6 Other overhead a general expense costs of airy kind and the costs of any item not specifically and expressly included in paragraph 114 116 The CONTRACTORS fee allowed to CONTRACTOR for overhead and profit shall be determined as follows 116 1 a mutually acceptable fixed fee or 116 2 if a fixed fee is not agreed upon, then a fee based on the following percentages of the venous porhons of the Cost of the Work 11621 for costs incurred under paragraphs 114 1 and 1142 the CONTRACTORS fee shall be £illeen percent 11622 for costs incurred under paragraph 114 3 the CONTRACTORS fee shall be five percent 11623 where one or more hers of subcontracts are on the basis of cost of the Work plus a fee and w fixed fee is agreed upon, the intent of paragraphs 114 1 114 2 114 3 and 116 2 is that the Subcontractor who actually Performs or furnishes the Work at whatever ter will be paid a fee of fifteen percent of the costs insured by Such Subcontractor under paragraphs 1141 and 1142 and that arty higher ter Subcontractor and CONTRACTOR will each be paid a fee "dieto be negotiated in good fadh with the OWNER but not to exceed five Percent of the amount Paid to the next lower herSubcontractor 11624 no fee shell be payable on the basis Of costs itemized under paragraphs 114 4 114 5 and 115 11625 the amount of credit to be allowed by CONTRACTOR to OWNER for any ch's e which results in net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTORS fee by an amount equal to five percent of such netdeaeese and 11626 when both additions and credits are ImOlved many one change the adjustment in CONTRACTORS fee shall be computed on the basis of the net change in accordance with Paragraphs 1162 1 through 11625 inclusive 117 Whenever the cost of airy Work is to be 25 determined pursuant to paragraphs 114 and 115 CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data Cash Allowances 118 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shell cause the Work so covered to be fiumshed and performed 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 discounts) of materials and eq upment required by the allowances to be delivered at ilre site and all applicable taxes and 1182 CONTRACTORS costs for unioadmg and handling on the site, labor installation costs, overhead, profit and other expanses 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 wtll be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted 119 Unrt Pnce Work 1191 Where the Contract Documents provide that all Or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified 'tan of Unit Price Work times the estimated quantity of each item as uxhosted in the Agreement The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an radial Contract Price Det0T1r=bmns of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9 to 119 2 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover C,ONTRACTOWs overhead and profit for each separately identified item 119 3 OWNER or CONTRACTOR may make a clam for an adjustment in the Contract Price in accordance with Article 11 if 11931 the quantity of any item of Unit Price Work performed by CONTRACTOR differs matenally grid significantly from the estimated quantity Of such item indicated in the Agreement 26 EXIX GENERAL CONDITIONS 19104(1990 Echum) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) and 11932 there is no corresponding adjustment with respect to any other item of Work and 11933 if CONTRACTOR believes that CONTRACTOR is entitled to an mmmma in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease U 9 3 4 CONTRACTOR acknowledges that the OWNER ties the naht to add or delete items m e B d or uhang�w, annues et OWNERS raja dismetiosi without mledme the Contract Price of arty remamina item so long as the deletion or addrtron does not exceed twe tv five percent of the original total Contract Price ARTICLE 12—CHANGE OF CONTRACT TIMES 121 The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment Any clams for an ed,(ustment of the Contract Trines (or Milestones) shall be based on written notice delivered by the party making the clams to the other party and to ENGINEER promptly (but in no event later than ibuty days) after the occurrence of the event giving rise to the clam and stating the general saline of the clam Notice Of the extent of the clam with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows addntonal time to ascertain more accurate data in support of the clam) and shall be accmipamed by the elaimanPs written statement that the adjustment claimed is the entire adjustment to winch the clamant has reason to believe it is entitled as a result of the occurrence of said event All clams for adjustment in the Contract Times (or Mdestones) shall be determined by ENGINEER in accordance with pa agtaph 911 if OWNER and CONTRACTOR cannot otherwise agree No clam for an adjustment in the Contract Times (or Ivhlestmes) will be valid if not submitted in accordance with the requirements of tlus paragraph 12 1 122 All time limits stated in the Contract Documents are of the essence of the Agreement 123 Where CONTRACTOR is prevented from completing any part of the Work within the Contract. Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Mdestmies) will be extended in an amount equal to time lost due to such delay if a clam its made therefor as provided in paragraph 12 1 Delays beyond the control of CONTRACTOR shall include but not be limited to acts a neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article? fees floods epidemim abnormal weather conditions or acts of Gal Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 124 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (a Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR'S sole and exclusive remedy for such delay In no event shall OWNER be liable to CONTRACTOR, any Subcontractor any Supplier any other person or agammtion, a to any surety for or employee or agent of any of them fa damages misting out of or resulting from (i) delays caused by a within the control of the CONTRACTOR, or (n) delays beyond the control of both parties including, but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God a acts a neglect by utility naTen a other contractors performing other work as ocintemplated by Article 7 ARTICLE 13 TESTS AND INSPECTIONS CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 131. Notice ofDefeets 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, corrected or accepted as provided in tins Article 13 Access to Work 132 OWNER, ENGINEER, ENGIldEERs CaauhRws, other representatives and Personnel of OWNER independent testing laboramnes and governmental agencies with juradretunal interests will have access to the work at reesiamble-tearer for their observation, mspech g and testing CONTRACTOR shall provide them proper and safe conditions for such access an advise them of CONTRACTORS site safety procedures and programs so that they may comply therewith as applicable Testsandlnspechons 133 CONTRACTOR shall give ENGH4EER timely notice of readiness of the Work for all required Inspections, tests a approvals and shall cooperate with inspection and testing personnel to facilitate required iapections a tests 13 4 OWNER shall employ and pay fm the services of an independent testing laboratory to perform all Inspections, tests, a approvals required by the Contract Documents except 1341 for Inspections, tests or approvals covered by paragraph 13 5 below 1342 that costs incurred in connection with tests a uispections conducted pursuant to paragraph 13 9 EICDC GENERAL CONDITIONS 1910-8 (1990 Ecitim) w/CITY OF FORT COLLINS MODIFICATIONS (REV V2000) below shall be paid as provided in said paragraph 13 9 and 1343 as otherwise specifically provided in the Contract Documents 135 If Laws or Regulations of any public body having jurisdiction require any Work (apart thereof) specifically to be inspected, tested a approved by an employee a other representative of Such public body CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections tests a approvals, pay all costs in connection therewith, and furnish ENGINEER the required cerbfieates of mspwhou, or approval CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection, with any inspections, tests a approvals required for OWNERS andENGINEERs acceptance of materials or equipment to be Incorporated in the Work, or of materials, mix designs, or egmpment Submitted for approval prior to Ce Work TOR's purchase therwf for incorporation m the Work 136 If any Work (a the work of others) that Is to be inspected tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER it must, if requested by ENGINEER, be uncovered for observation 137 Uncovering Work as provided in paragraph 13 6 shall be at CONTRACTORS expense furless CONTRACTOR has given ENGINEER timely notice of CONTRACTORs intention to cove the same and ENGINEER has not acted with reasonable promptness in response to Suchnotioe Uncovering Work 138 If anyp Work a covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEERS observation and replaced at CONTRACTORS expense 159 If HNGINEER considers it necessary a advisable that covered Work be observed by ENGINEER or inspected a tested by others, CONTRACTOR, at ENGINEERS request, shall uncover expose or otherwise make available for observation, inspection or testing as ENGINEER may require that portion of the Work in question, frtmishuig all necessary labor material and equipment. If it a found that such Work a defective CONTRACTOR shall pay all claims, costs, losses and damages caused by musing out of or resulting from such uncovering, exposure observation inspection and testing and of satisfactory replacement a recoushucban, (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 pitiable to agree as to the amount thereof may make a claim therefor as provided in Article 11 If however such Work its not fond to be defective CONTRACTOR shall be allowed an mirease in the Contract Price or an extension of the Contract Tunes (a Milestones) a both, directly attributable to such 27 unowermg exposure observation, inspection, testing replacement and reconstruction, and, if the parties are unable to agree as to the amount or extort thereof CONTRACTOR may make a clams therefor as provided m Articles I I and 12 OWNER May Stop the Work 13 10 If the Work is defective a CONTRACTOR fads to supply sufficient skilled workers or suitable materials or equipment, or fails to fum sh or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work or any portion thereof umd the cause for such order has been eliminated however this right of OWNER to stop the Work shall not give nse to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety a other party Correctiono Remornt ofDefeetive Work. 13 11 If required by ENGINEER, CONTRACTOR shall promptly as directed, either correct all de cave Work, whether or not fabricated, mantled a completed, or if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defechve CONTRACTOR shell pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair a replacement of work of others) 1312 Correction Penod 13 12 I If within erne -year two Years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable spectal guarantee required by the Contract Documents or by erhy specific provision of the Contract Documents any Work a found to be defechve CONTRACTOR shall promptly without cost to OWNER and in accordance with OWNERs written instructions i) correct such defective Work, a if it has been rejected y OWNER, remove it from the site and replace it with Work that is not defective and (n) satisfactorily correct or remove end replace any damage to other Work or the work of others resulting therefrom If CONTRACTOR does not promptly comply with the terms of such msbuctiora, or in an emergency where delay would cause serious risk of loss or damage OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all clamps, costs, losses and damages caused by or resulting from such removal and replacement (including hot not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 131221n special circumstances where a particular Acni of equipment n placed in continuous service before Substamal Completion of all the Work the correction Period for that item may start to run from an earner date if so provided in the Specifications or by Written Amendment 73123 Where defective Work (and damage to other 29 EJCDC GENERAL CONDITIQM 191"(1990 Eeiam) w/ C1TY OF FORT COLUM MODIFICAT1011a (REV 411000) 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 erne yeef two years alter such correction or removal and replacement has been satisfactorily completed Acceptance of Defective Work 13 13 If instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEERS recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all clams, costs, losses and damages attributable to OWNERS evaluation of and determination to accept such defective Work (such coats to be approved by ENGINEER as to reasonableness) If any such acceptance occurs prior to ENGINEERS recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contact 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 amours thereof OWNER may make a clam therefor as provided in Article 11 If the acceptance occurs after such recommerulation, an appropriate amount will be paid by CONTRACTOR to OWNER OWNER May Correct Defective Work 1314 If CONTRACTOR fads within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13 11 or of CONTRACTOR fails to perform the Work in accordance with the Contact Documents or if CONTRACTOR fails to comply with any other provision of the CeMaot Documents, OWNER may after seven days written notice to CONTRACTOR, correct and remedy any such deficiency In exercising the rights and remedies tinder this paragraph OWNER shall proceed ocpe tiously In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or pert of the site, take possession of all a part of the Wak, and suspend CONTRACTORS services related thereto, take possession of CONTRACTORS tools, appliances, construction equipment and machmay at the site and incorporate in the Work all materials and equgmners stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere CONTRACTOR shelf allow OWNER, OWNERS representatives, agents and employees OWNERS other contractors and ENGINEER and ENGINEERs Consultants access to the site to enable OWNER to exercise the tights and remedies under this paragraph All claims costs, losses and damages m cmirred or matamed by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued meorporatuig 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 amours thereof OWNER may make a clamor therefor as provided in Article 11 Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTORS defecave Work CONTRACTOR shall not be allowed an extension of the Contract Times (or lvhlestaim) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNERS nghts and remedies hereunder ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values 14 1 The schedule of values established w provided in patgraph 2 9 will serve as time bests for progress payments and will be mctvporated into fl form of Application for Payment. acceptable to ENGINffi2 Progtass payments on accaut of Unit Price Work will be based on the mamiber of units completed Appltcaion for Progress Payment 142 At least twenty days before the date established for each program payment (but not more often than once a month) CONTRACTOR shall Submit to ENGINEER for review an Application for Payment filled cut and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment Is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site a at another location agreed to in wntuig the Application for Payment shall also be accanpamed by a bill of sale invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Lens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNERS interest therein, all of which will be Satisfactory to OWNER The amount of retamage with respect to progress pa ants will be as stipulated in the Agreement r funds that are withheld bV thr L O�FR shall not be subnecl to substitution by the CONTRA TOR with securities or n azra cements volva_ escrow or ex the h ho fix Payment fain The CONTRACTOR expressly winves his t to the bane is of Colorado Revised §mmt_6 Section 24 91 101 et sea CONTRACTOR s Wanartty of Title 143 CONTRACTOR we== and guarantees that title to all Work, materials mid equipment covered by any Application for Payment whether incorporated in the Project Or not, will pass to OWNER no late than the time of payment free and clear of all Liens Review ofApphcattam for Progress Payment 14 4 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EICDC GENERAL CONDITIONS 191M (1990 Mum) w/CITY OFFORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER or return the Appheahon to CONTRACTOR indicating in writing ENGINEER s reasons for refusing to recommend payment In the latter case CONTRACTOR may make the necessary corrections and resubmit the Application Ten days after presentation of the Application for Payment to OWNER with ENGINEERS recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14 7) become due and when due will be paid by OWNER to CONTRACTOR 145 ENGINEERS recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEERS on- ite observations of the executed Work as an expenenced and qualified design professional and on ENGINEERS review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEERS knowledge informationand belief 1451 the Work has progressed to the point indicated 14 5 2 the quality of the Work Is generally in accordance with the Contract Documents (suhject to an evaluation of the Work as a furchoing whole pia to or upon Substantial Completion, m the results of arty subsequent tests called for in the Contract Documents to a final detennmiaho of quantities and clussdficahais for Unit Price Work under paragraph 9 10 and to any other qualifications stated in the recommendaten) and 14 5 3 the conditions precedent to CONTRACTORS being entitled to such payment appear to have been fulfilled treofer as it is ENGINEER s responsibility to observe the Work However by recommerdmg any such payment ENGINEER will not thereby be deemed to have represented that () exhaustive a continuous on,site Inspections have been made to check the quality a the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents a (u) that there may not be other matters or Issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 146 ENGINEERS recommendation of any payment, Including final payment, shall not mean that ENGINEER is responsible for CONTRACTORS means mathods, techniques, sequences Or laocedures of construction, or the safety preeauhoas and programs incident thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the or perfomtance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents 147 ENGINEER may refuse to recommend the whole or any part of any payment if in ENGINEERs opinion, it would be ]correct to make the representations to 29 OWNER referred to in paragraph 14 5 ENGINEER may also refuse to recommend my such payment, or because of subsequently discovered evidence or the results of subsequent mspectiats o tests nullify any such payment previously recommended to such extent as may be necessary, in ENGINEERs opinion to protect OWNER from loss because 14 7 1 the Work is defective or completed Work has been damaged requamg correction or replacement 1472 the Contract Price has been reduced by Written Amendment or Change Order 1473 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13 14 or 1474 ENGINEER has actual knowledge of the occurrence of airryry Of the events enumerated inparagraphs 15 2 1 through 15 2 4 inclusive OWNER may refuse to make payment of the full e,,mt recommended by ENGINEER because 14 7 5 clams have been made against OWNER on amount of CONTRACTORS performance or finishing of the Work, 14 7 6 Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a Specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 1477 there are otter items entitling OWNER to a set off against the amount recommended, or 14 7 8 OWNER has actual knowledge of the occurrence of any of the evens enumerated in paragraphs 14 7 1 through 14 7 3 or paragraphs 15 2 1 through 15 2 4 inclusive but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the Macias for such action am] promptly Fey CONTRACTOR the amount So withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNERs satisfaction the reasons for such action Sabstanknl (.empletrm 14 8 When CONTRACTOR considers the entire Work readdyy for its intended use CONTRACTOR shall notify Ol�1dER and ENGINEER anwriting that the more Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER Issue a certificate of Substantial Completion Within a reasonable time thereafter OWNER CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion If ENGINEER does no consider the Work substantially complete ENGINEER will notify CONTRACTOR in writing going the reasons therefor If ENGINEER 30 EICDCGENERAL CONDITIONS 1910-8(1990Edihm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) considers the Work substantially complete ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list If after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the masons therefor If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative hat of items to be completed or conected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER At the time of delivery of the tentative ce tfimte of Substamel Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of rm nobilities pending final payment between OWNER and CONTRACTOR with respect to seanty operation, safety mainitemance heat, utilities, insurance and warranties and guarantees Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER issuing the definitive certificate of Substmtal Completion, ENGINEERS aforesaid remmmendatim will be binding on OWNER and CONTRACTOR until firnal payment 149 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Pmhd Uhhmhon 1410 Use by OWNER at OWNERS option of any substantially completed part of the Work, which (1) has spamfically been identified in the Contract. Documents, or (n) OWNER, ENGINEER and CONTRACTOR agree corstiWtes a separately functioning and usable part of the Work that can be used by OWNER for its utterded purpose without significant hnterformce with CONTRACTORS perfomhance of the remainder of the Work, may be amonphshed prior to Substantial Completion of all the Work subject to the following 14 10 1 OWNER at any tune may request CONTRACTOR in writing to permit OWNER to use any such part of the Wok which OWNER believes to be ready for its mtmded use and substantially complete If CONTRACTOR agrees that such part of the Work is Substantially complete CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to Issue a certificate of Substantial Completion for that part of the Wok 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 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 7/96 Section 00300 Page 3 CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to Issue a certificate of Substantial Completion for that Part of the Wok Within a reasonable tune 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 rat consider that part of the Wok to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor If ENGINEER cotsders that part of the Wok to be substantially complete the provisions of paragraphs 14 8 and 149 will apply with respect to cartificauon of Substantial Completion of that part of the Wok and the division of responsibility in respect thereof and access thereto 14 10 2 No occupancy or separate operation of part of the Work will be accomplished pcia to compliance With the requirements of pamgmph 5 15 in respect of property insurance Final Inspection 1411 Upon wrnttennotice from CONTRACTOR that the entire Work or an agreed portion thereof is complete ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which tits inspection reveals that the Work its incomplete Or defective CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such defioenaes F1n4lApphc4nonfe Payment 1412 After CONTRACTOR has completed all such corrections to the satudacttm ofENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions schedules, guarantees. Bonds, certificates or other evidence of insurance required by paragmph54 cerUScetes of inspection, marked-ip record ddoc__uments (as provided in pamgraph619) and other documents, CONTRACTOR may make application for final payment following the Procedure for progress payments The final Application for payment shall be accompanied (except as previously delivered) by (i) all docim entation called for in the Contract Documents, including but not limited to the evidence of rnsiaance required by subparagraph 5413 (u) consent of the surety if any to final payment, and (in) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens ansurg out of or filed in connection with the Work In hen of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that (i) the releases and receipts include all labor services, material and equipment for which a Lien could be filed, and (ni)all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNERS Property might many way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails E1CDC GENERAL CONDITIONS 191068 (1990 Eatim) wlCITY OF FORT COLLINS MODIPICATIONS (REV 4R000) to furnish such a release or receipt in full CONTRACTOR may furmsh a Bead or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of hens and the consent of the surety to flll= Payment are to be submitted on forms confomma to the format of the OWNER S standard forms bound in the Project manual Final Payment andAcceptanee 1413 If on the basis of ENGINEERS observation of the Wok during construction and final inspection, and ENGINEERs review of the final Application for payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTORS other obligations under the Contract Docurnexds have been fulfilled. ENGINEER will within ten days after receipt of the final Application for Payment indicate in writing ENGINEERS recommendation of payment and present the Application to OWNER for payment At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work in acceptable subject to the provisions of paragraph 14 15 Olnerwnse ENGINEER will return the Application to CONTRACTOR, mduaung in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corections and resubmit the Application Thirty days after presentation to OWNER of the Application and acconpartyuig documentation, in appropriate form and substance and with ENGEQEERs recommendation and noum of acceptability the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to omainaoh 17 6 2 of these Gellman Cmdit, 1414 I£ thmio no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTORS final Application for Payment and recommendation of ENGINEER, and without terminating the Agmcnien, make payment of the balance due for that portico of the Work fully completed and accepted If the renaming balance to be held by OWNER fa Work not fully completed or corrected is less than the retautage stipulated in the Agreement, Rod if Bonds have been furnished as required in paragraph 5 1 the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims Waver of Clams 14 15 The making and acceptance of final payment will constitute 14 15 1 a waiver of all claims by OWNER agavut CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final mspechm pursuem to paragraph 1411 from failure to comply with the Contract Documents or the term of ed therem, or from CONTRACTORS commal nmg oh gations under the Contract Documents and 14 15 2 A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE 15--SUMNSION OF WORK AND TERMINATION OWNER May SSrapend Work 151 At any time acid without cause OWNER may suspend the Work or airy potion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER winch will fm the date on which Wok willbe resumed CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR Shell be allowed an adjustment in the Contract Price or an extemton of the Contract Tunes, or both, directly attributable to any such suspension if CONTRACTOR makes an approved clan therefor as provided in Articles 11 and 12 OWNER May Terminate 152 Upon the occurrence of any one or more of the following events 1521 of CONTRACTOR persistently fails to perform the Wok in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient dalled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragmph29 as adjusted from time to time Pursuant to paragraph 6 6) 15 2 2 if CONTRACTOR disregards Laws a R igulaticns of any public body havmgjunsdichon, 1523 if CONTRACTOR disregards the authoity 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 Bevan days written notice and to the extent permI tted by ws and Regulations, laminate the services Of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Wok and of all CONTRACTORS tools appliances, constructim equipment and machinery at the site and use the same to the full event they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or emeanUM) mcorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 EICDC GENERAL CONDITIONS 1910-8(1990 Mum) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR but which are stored elsewhere and finish the Weak as OWNERmay dam expellent In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpmd balance of the Contract Pnce exceeds all clamps, costs, losses and damages sustained by OWNER ansing out of or resulting from coupleting the Wok such excess will be paid to CONTRACTOR IT such claims, costs, losses and damages exceed such unpaid balance CONTRACTOR shall pay the difference to OWNER Such clams, casts, losses and damages mewed by OWNER will be reviewed by ENGINEER as to thew reasonableness and when so approved by ENGINEER incorporated in a Change Order provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest ]rice for the Work performed 153 Where CONTRACTORS services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then misting or which may thereafter accrue Any retention a payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability 154 Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreemera in such case CONTRACTOR shell be paid (without dupheahon of any items) 1541 forcompleted and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit m such Work 15 4.2 for expanses sustained prior to the effective date of termination in performing services and furnishing labor materials or equipment as required by the Contract Documents in correction with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses 15 4 3 for all clawws, costs, losses and damages incurred in settlement of terinntated contracts with Subcontractors, Suppliers snit othem, and 15 4 4 for reasohiable expenses directly attributable to temrmaum CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss ansmg out of or resulting from such termination. CONTRACTOR May Stop Work or 1 ermenare 155 It; throughno act or fault of CONTRACTOR, the Work is stwended for a period of more than ninety days by OWNER or under an order of court or other public authority or ENGINEER fails to act on any Apphcauon for Payment wain thirty days after it a submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due then CONTRACTOR may upon seven days written nonce to OWNER and INGINEEP, and provided OWNER a ENGINEER do not remedy such suspension or failure within that time terminate the Agreement and recover from OWNER payment on the same terns w provided in psmgmph 15 4 In lieu of ternlnanrig the Agreement and without Mudnce to any other right a remedy if ENGINEER has failed to act on an Application for Payment within tinny days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including iRerest thereon The provisions of this paragraph 155 are not intended to wxlude CONTRACTOR from making clam under Ancc(es 11 and 12 for an morease in Contract Price or Contract Times err otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work w permitted by this paragraph ARTICLE 16—DISPUTE RESOLUTION If and to the Orient that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may anse under this Agreement, such dispute resolution method and procedure if any shall be as set forth in ExhubrtGGA Dispute Resolution Agreement to be attached hereto and made a par[ hereof If no such agreement on the method and procedure for resolving such disputes has been reached. and subject to the provisions of paragraphs 9 10 9 11 and 912 OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute ARTICLE 17—AUSCELLANEOUS GSvmg Notice 171 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified marl, postage prepaid, to the last business address ]mown to the giver of the notice 17 2 Computatmu of Tune 17 2 1 When any period of time is referred to in the Contract Documents by days it will be 00%ted to exclude the fist and include the last day of such period If the last day of any such period falls en a Saturday or Sunday or on a day made a legal holiday by the law of the applicable junsdichon such day will be omitted from the computation EICDC GENERAL CQNDITIONS 19104 (1990 Edmm) w/ CITY OF FORT COLIdNS MODIFICATIONS (REV 4/2000) 17 2 2 A calendar day of twenty four hours measured from midnight to the next midnight will constitute a day Notice of Clain 17 3 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error omission or act of the other party or of any of the other parly's employees or agents m others for whose acts the other party is legally liable claim will be made in writing to the other party within a reasonable time of the first observance of such nymy a damage The provistoro of drys paragraph 17 3 shall not be construed sit a substrmte for or a waiver of the provisions of any applicable statute of hmusbons or repose Cumulative Remedres 174 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the patties hereto and, in particular but without limitation the warranties, guarantees and obligations unposed upon CONTRACTOR by paragraphs 612 616 630 631 632 131 1312 1314 14 3 and 15 2'and all of the rights and remedies available to OWNER and ENGINEER thereunder aro in addition to and are not to be construed in any way as a imitation of any rights and remedies available to any or all of them which are otherwise imposed or available by Laws a Regulations by special warranty or guarantee or by other Provisions of the Contract Documents and the provisions of this paragraph will be as effective as if repeated apecifically m the Contract Documents in connection with each particulaz duty obligation, right and remedy to winch they apply Professional Fees and Court Costs Included 175 Whenever reference is made to claims, costs losses and damages it shall include in each case but not be limited to all fees aril charges of engmeers, architects, attorneys and other professionals and all court or mbgmtlmor other dispute resolution costs 176 The laws of the Stet; of Colorado apply to this Amin Reference to two pertinent Colorado statutes are as follows 1762 If a claim is filt OWNS is r uired 1_aw (CRS 38 26-1071 to with}noId from a navmen to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire sustenance. orovisionyorovender, or other supplies used m convened by CONTRA TOR or his 33 34 EXT)C GENERAL COND17TOM 19104 (1990&hlim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) (This page left blank mtettionally ) EICDC GENERAL CO]JDInom i9I0-8 (1980 Edam) 35 w/CITY OF FORT COLLIM MODIFICATIONS (REV 4/2000) 36 FJCOC GENERAL CONDITIONS 19104(1990ENGm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties 161 All clamps, disputes and other matters in question between OWNER and CONTRACTOR rinsing out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the malting a acceptance of final payment as provided by in accordance Iwith ) will be the Conswction�Ind�biArrbitrraation Rules of the American Arbitration Association then &m mt{g subject to the limitations of the Article 16 This agreement so to arbitrate and any other agreement m consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of my court having jurisdiction 162 No demand for arbitration of any clamp dispute a other matter that is required to be referred to ENGINEER hmtielly for decision in accordance with paragraph 9 11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the Harty fast day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date No demand for arbitration of any such claim dispute or other matter will be made later than Harty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with pamgraph 9 11 and the failure to demand arbitration within said thirty days' penod will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedugs have been mtiated. such decision may be entered as evidence but will not supersede the arbitration proceedings except where the decision is acceptable to the parties concerned No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9 10 will be made later than ten days after the party making such demand has delivered written notice of intentmn to appeal as provided in paragraph 9 10 163 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for nnfornimm The demand for arbitration will be made within the durty-day or ten-day Period specified in paragraph 16 2 as applicable and in all other cases within a reasonable tune after the clam dispute or other matte in question has ansen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based m such clam, dispute or other matte in question would be barred by the applicable statute of Imitations EJCDC GENERAL CONDITIONS 1910 8 (1990 Eibam) WICITY OFFORT COLLINS MODIFICATIONS (REv 9/99) 164 Except as provided in paragraph 16 5 below no arbitration arising out of or relating to the Contract Documents shall include by consolidation, jomde or in any other manner any other person or entity (including ENGINEER, ENGINEERS Consultant and the officers directors, agents, employees or consultants of any of them) who is not a party to this contract unless 16 4 1 the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 1642 such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will anse in such proceedings and 16 4 3 the written consent of the other person a entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this Paragraph but no such consent shall consrarte consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent 165 Notwithstanding paragraph 16 4 if a claim dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subeonttaotor either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder CONTRACTOR shall include in all subcontracts required by paragraph 611 a specific provision whereby the Subcontractor eorsants to being Joined in an arbitration between OWNER and CONTRACTOR involving the Wok of such Subcontractor Nothing in this paragraph 16 5 Our in the provision of such subcontract consenting to joinder shell create any clam right or cause of action m favor of Subcontractor and against OWNER, ENGINMER or ENGINEER s Consultants that does not otherwise exist 166 The award rendered by the arbur as will be final judgment may be entered upon it many court having Jurisdiction theeot; and it will not be subject to modification or appeal 16 7 OWNER soil CONTRACTOR agree that they shall first submit any and all unsettled clams, counterclaims disputes and other matters in question between them erstng out of or relating to the Contract Documents or the breach thereof ( disputes I to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prim to ether, of them uatiating against the other a demand for arbitration pursuant to paragraphs 16 1 through 16 6 unless delay in imnabng arbitration would irrevocably prejudice one of the parties The respective thirty and ten day time limits whim which to file a demand for arbitration as provided in paragraphs 16 2 and 16 3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed GGAI EJCDC GENERAL CONDITIONS 1910 8 (1990 ENthm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) GC -Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below SC-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 6The 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) 7/96 Section 00800 Page 1 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 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 7/96 Section 00300 Page 4 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO PROJECT TITLE 6046 Concrete Maintenance Project 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 s OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0 00 (Assuming all change orders approved) ACCEPTED BY DATE Contractor's Representative ACCEPTED BY DATE Project Manager REVIEWED BY DATE Title APPROVED BY DATE Title APPROVED BY DATE Purchasing Agent over $30,000 cc City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 LL 0 W 0 Q a (rw00 mozo z0z�W 0Qmo F U 0 ui Owa CL Q J _ U a LU aQa d Q N U C 0 LL O of W Z O ii(9 N m N U c ° @ U c N � w N N c p N m UN O 0 O d S C 0 d C 0 a° CQ Q E m a Q U n y Uc c0iE>0.�3 oDM cV cUa N O O) �, l0 O N IL-w 0 z U H E J Z 0 Q W U) Q � 0 W 0 W O W W Z Z Q W U W m z Z I E0 d U ,° aF 0z N FO T m w w w z O z w N a d v c E E U N N 0 O CD U a Q L F 0 0 O E 0 a m m r 0 c E m a m N 0 Ni m 0 w W Z 0 a� w a d Q o: m M 0 O a Q N FE N 0 C 0 E Q a m `° 0 m a a C U D N 7 y LL a LO O N ry 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 'O LL1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O d O OOOOOOOOOOOOOOOOOO OW 696969646969 6p 6q. 69 E969 69 fA to 6e f9 64 69 69 fR 6A 69 �O0000OOOOO9 6R ff- 69696969 69 fA 696 W M i0 y � h p n �a �000000000000000000000000000000000 000000000000000000000000000000000 N E 6O9 O% 6O9 6O9 6O9 6O9 6O9 6O9 OE9 OF3 6O9 O6A Odd O09, Of4 O6% 6O9 O93 6O9 6O0 Of% 6O9 OEs Oda O6A 06q 69 6O9 O% 60A GS 6O9 OK3 m ¢ a E � U H O 0 �0000000000000000000000000000000000 0000000000000000000000000000000000 N p 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 O o o O 0 0 0 0 0 0 0 00 0 0000 0 E 69 69 69 6'? 69 69 69 69 69 69 696909 69 69 69 69 ea 69 696969 69 699 fA 69 69 609,64 f9 696966 69 0 ¢ LLO n0-0 z E > �F�Ua`d- Chi ¢z U W J C O O O CD O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0 0 0 O O O O CDo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 IL 0 0 0 O O O O o 0 O O O O O O O 0 O O O O 0 O 0 O O O O 0 O 0 O O O O o O 0 O EE969V)6969696%69696469 EA 969606966969 ER 6969696969 V9 6969 EA 69696960 ¢a v E969 ¢ m x a r E u p �0000000O0000000000o0000o000o00O00o �000000000Oo00000000000000ooO0000o0 000000o000000o00000000oo00a0o00000a E 69 V9696969696%6969696969696969696969696% 69696960) 6% 69 6969696969696969 — 0 E 5 o. z 0 m ¢ a 0 a � J 0 F- N a E E m ° z v ro a 0 m 0 0 C 0 H -P 0 N U) rn r 0 0 000000000000000000000000000000000 0 000000000000000000000000000000000 � 000000000000000000000000000000000 F»e»e»fa(av>s9F»F»v�erF»F»v3F»e%cassF»F»f»E»F»v3vae)F»VD. fnf»vaf»v4 8 e N a E E W D wZ :. m m a 0 rn 0 0 C O H +J In N 2008 CONCRETE MAINTENANCE PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01340 Shop Drawings 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1 2 General Requirements 3 4 General Requirements 5 6 General Requirements 7 General Requirements 8 10 General Requirements 11 12 General Requirements 13 General Requirements 14 15 General Requirements 16 General Requirements 17 SECTION 01010 SUMMARY OF WORK 1 1 DESCRIPTION OF WORK A This work shall consist of the removal and/or installation of concrete curbs gutters sidewalks crosspans aprons drive approaches inlets concrete pavement and pedestrian access ramps and placement of temporary asphalt patching adjacent to new concrete on designated streets in the City of Fort Collins Specific locations are described in Section 3500 Project Map Protection and Restoration 1 Replace to equal or better conditions all items removed and replaced or damaged during construction Restore all areas disturbed to match surrounding surface conditions Also see tree protection standards C Construction Hours Construction hours except for emergencies shall be limited to 7 00 a in to 6 00 p in Monday through Friday unless otherwise authorized in writing by the Engineer After hour equipment operation shall be in accordance with Section 1560 Any work performed by the Contractor outside of the construction hours whether or not authorized by the Engineer shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner s costs in providing field engineering and/or inspection services because of such work The cost for field engineering and inspection shall be $50 00 per hour 1 2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A Notify private owners of adjacent property utilities irrigation canal and affected governmental agencies when prosecution of the Work may affect them B Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services C Contact utilities at least 48 hours prior excavating near underground utilities D Contact all agencies at least 72 hours prior to start of construction Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation E Rick Richter and/or Erika Keeton will be the ENGINEER (Project Engmeer/Manager) Rick Richter 970 221 6798 Mobile/Pager 970 222 1132 Erika Keeton 970 221 6605 Mobile/Pager 970 222 0787 F Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractors convenience General Requirements Page I of 17 UTILITIES Water City of Fort Collins Colorado 221 6700 Meter Shop 221 6759 Storm Sewer City of Fort Collins Colorado 221 6700 Sanitary Sewer City of Fort Collins Colorado 221 6700 Electrical City of Fort Collins Colorado 221 6700 Gas Public Service Company of Colorado 482 5922 221 8553 Telephone U S West Communications 484 0300 226 6310 Traffic Operations City of Ft Collins Colorado 221 6608 Cable Television Comcast 493 7400 *Utility Locates Under One call System 1 800 922 1987 AGENCIES Safety Occupational Safety and Health Administration (OSHA) 844 3061 Fire Poudre Fire Authority Non Emergency 221 6581 Emergency 911 Police City of Fort Collins Police Department Non Emergency 221 6550 Emergency 911 Postmaster US Postal Service 225 4111 Transportation Transfort 221 6620 Traffic Engineering 221 6608 END OF SECTION Larimer County Sheriffs Department Non Emergency 221 7177 Ambulance Poudre Valley Hospital Non Emergency 484 1227 Emergency 911 General Requirements Page 2 of 17 SECTION 01040 COORDINATION 1 1 GENERAL CONTRACTOR RESPONSIBILITIES A Coordinate operations under contract in a manner which will facilitate progress of the Work The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor s contract B Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities agencies or public safety C Coordinate operations under contract with utility work to allow for efficient completion of the Work D Coordinate all operations with the adjoining property owners business owners and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times 12 CONFERENCES A A Pre construction Conference will be held prior to the start of construction 1 Contractor shall participate in the conference accompanied by all major Subcontractors including the Traffic Control Supervisor assigned to the project 2 Contractor shall designate/introduce Superintendent and major Subcontractors supervisors assigned to project 3 The Engineer shall invite all utility companies involved 4 The Utilities will be asked to designate their coordination person provide utility plans and their anticipated schedules 5 The Engineer shall introduce the project Representatives B Additional project coordination conferences will beheld pnorto start ofconstruction for coordination of the Work refining project schedules and utility coordination C Engineer may hold coordination conferences to be attended by all involved when Contractor s operations affects or is affected by the work of others 1 Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer 1 3 PROGRESS MEETINGS A Contractor and Engineers Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work B Attendance shall include 1 Contractor and Superintendent 2 Owners Representatives 3 Engineer and Resident Project Representative 4 Traffic Control Supervisor 5 Others as may be requested by Contractor Engineer or Owner General Requirements Page 3 of 17 C Minimum agenda shall include 1 Review of work progress since last meeting 2 Identification and discussion of problems affecting progress 3 Review of any pending change orders 4 Revision of Construction Schedule as appropriate D The Engmeer and Contractor shall agree to weekly quantities at the progress meetings The weekly quantity sheets shall be signed by both parties These quantity sheets when signed shall be final and shall be the basis for the monthly progress estimates This process ensures accurate monthly project pay estimates END OF SECTION General Requuements Page 4 of 17