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224601 THOUTT BROS CONCRETE CONTRACTORS - CONTRACT - BID - 6086 OLIVE STREET CONCRETE IMPROVMENTS
Administrative Services Purchasing Division 215 N Mason St 2 " Floor PO Box 580 Fort Collins CO 80522 970 221 6775 970 221 6707 fcgov com/purchasing ADDENDUM No 1 6086 Olive Street Concrete Improvements SPECIFICATIONS AND CONTRACT DOCUMENTS Description of 6086 Olive Street Concrete Improvements OPENING DATE March 5 2008 (Our Clock) 3 00 P M To all prospective bidders under the specifications and contract documents described above the following changes are hereby made CHANGE 1 For clarification, the existing inlets will be excavated by the City, however the Contractor shall be responsible to flowfill the new inlets after construction 2 Revision of Section 604 Inlets and Culverts Material for the Type 13 Curb Inlets shall be changed from Deeter #2502 L to Deeter #2502 or approved equal The grate shall NOT be vaned 3 The work shall be substantially complete within 25 Working Days 4 Attached are the locations and elevations of the inlets, for information only Please contact John D Stephen CPPO CPPB Senior Buyer at (970) 221 6777 with any questions regarding this addendum RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED where renewal Is a way of life 3 2 In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract 3 3 Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work 3 4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City 4 0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4 1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents 4 2 Reference is made to the Supplementary Conditions for identification of Subsurface and Physical Conditions SC-4 2 4 3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and Rev 10/20/07 Section 00100 Page 2 by the resulting change all of which will be considered by ENGINEER in evaluating the proposed substitute ENGINEER may require CONTRACTOR to famish additional data about the proposed substitute 67 13 CONTRACTOR s Expense All data in be Provided by CONTRACTOR in support of any proposed or -equal or substitute item wilt be at CONTRACTOR s expense 672 Substitute Construction Methods or Procedures If a specific means method, technique sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique sequence or Procedure of construction acceptable to ENGINEER CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEERS sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents The procedure for review by ENGINEER will be similar to that provided in subparagraph 6 7 1 2 673 Engineer's Evaluation ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6 7 12 and 6 7 2 ENGINEER will be the sole judge of aceeptabthty No orequal or substitute will be ordered, installed or utilized without ENGINEERS prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing OWNER may require CONTRACTOR to famish at CONTRACTORS expense a special performance 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 submitted by CONTRACTOR pursuant to paragraphs 6 7 12 and 672 and in making changes m the Contract Documents (or m the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby Whether or not ENGINEER accepts a substitute item Su proposed or submitted by CONTRACTOR, CONTRACTOR shall remnboim OWNER for the charges of ENGINEER and ENGINEERS Consultants for evaluating each such proposed Substitute item 68 Concerning Subcontractors Suppliers and Others 681 CONTRACTOR shall not employ any Subcontractor Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as mdicated in paragraph 6 8 2) whether initially or as a Substitute against whom OWNER or ENGINEER may have reasonable objection CONTRACTOR shall not be required to employ any Subcontractor Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection E1CDC GENERAL CONDITIONS 191" (1990 EdAhm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 6.9 CONTRACTOR shall Perform not less than 20 percent of the Work with its own forces (that t without Subcontracting) The 20 Percent requirement shall be understood to refer to the Work the value of Win— totals not was than 20 cercent of the Contmet Price 6 8 2 BtddmE Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to funsh the principal items of materials or equipment) to be submitted to OWNER F I k ;F;c_«,� date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,-end-4 F'QA]TRO OWNERS or ENGINEERS acceptance (either m writing or by failing to make written objection thereto by the date mdicated for acceptance or objection in the bidding documents or the Contract Documents) of wvp—i— qy uwrvntc or ENGINEER of any such Subcontractor Supplier or other person or orgamaation shall constitute a waiver Of any right of OWNER or ENGINEER to reject defecrrve Work 6 9 1 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omnsvons of the Subcontractors, Suppliers and other persons and orgamations performing or fur ishmg any of the Work under a direct or mdirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTORS own acts and omissions Nothing in the Contract Documents shall create for the benefit of any such Subcontractor Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to we to the payment of any moneys due any Such Subcontractor Supplier or other person or organization except as may otherwise be required by Laws and Regulations OWNER or ENGINEER may furnish to any subcontractor suopher or other cerson or oreaniatim evidence of amounts pad toCONTRACTOR m accordance with CONTRACTORS limtionsfor Payment 13 692 CONTRACTOR shall be solely responsible for scheduling and coordimung the Work of Subcontractors Suppliers and other persons and orgammumel performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and orgammuons performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 610 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or 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 binds the bubcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER art 0�914AGTOR and the S,�; Patent Fees and Royalaes. 612 CONTRACTOR shall pay all license tees 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 wfuch is the subject of patent rights or copyrights held by others If a particular invention, design, process, product or device ns specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER, ENGHiMER, ENGINEERS Consultants and the oftimm directors, employees agents and other consultants of each and any of them from and against all claims, costs losses and damages wising out of or resulting from any mfrmgement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any imention, design process product or device not specified in the Contract Documents 14 EJCDC GENERAL CONDITIONS 19103 (19M E&,.) w/ C1 rY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Penes 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 applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement CONTRACTOR shall Fay 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 Laws andRegalaaom 614 1 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTORS compliance 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 arising out of or resulting theretrom however It shall not be CONTRACTORS primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTORS obligations under paragraph 3 3 2 Taxes 615 CONTRACTOR shall pay all sales consmner use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work 6 15 1 OWNER is exempt from Colorado Stain and local sales and use taxes on materials to be penamently incorporated into the troiect Said taxes shall not be included in the Contract Price Address Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver. Colorado 80261 Sales and Use Taxes for the State of Colorado Repaonal Transoortanon Distnet (RTDI and certain Colorado counties are collected by the State of Colorado and are included in the Cerh6catim of Exemption All applicable Sales and Use Taxes (including State collected taxes) on any items other than construction and building materials physically incorporated into the protect me to be paid by CONTRACTOR and are to be included m aporoprlate bid items Use of Premises 616 CONTRACTOR shall confine construction equipment the storage of materials and equipment and the oopperations of workers to the site and land and areas Identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of way permits and casements, and shall not unreasonably encumber the premises with construction equipment or other 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 claim be made by any such owner or occupant because of the performance of the Work CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution Proceeding or at law CONTRACTOR shall to the fullest extent permitted by Laws and Regulations, indemnify and told harmless OWNER, ENGINEER, ENGINEER, Consultant and anyone directly or indirectly employed by any of them from and against all clams, costs, losses and damages ansug out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER. ENGINEER or any other party indemnified hereunder to the extent caused by or based Upon CONTRACTOR s performance of the Work 6 17 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials rubbish and debris from and about the premises as well as all tools appliances construction equipment and machinery and surplus materials CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents 618 CONTRACTOR shall not load nor permit any Fart of any structure to be loaded in any mariner that will endanger the structure nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it Record Documents ESCDC GENERAL CONDITIONS 1910.9 (1990 Educe) WICITY OF FORT COLLINS MODIFICATIONS (REV 4a000) 619 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, kddenda, Written Amendments Change Orders, Work Change Directives, Field Orders and written mterpretanons and clarifications (issued pursuant to paragraph 9 4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Dmwmgs will be available to ENGINEER for reference Upon completion of the Work, and prior to release of final pavment these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER .Safety and Protection 620 CONTRACTOR shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the Work CONTRACTOR shall take all necessary precautions to, the safety of and shall provide the necessary protection to prevent damage, injury or loss to 6 20 1 all persons on the Work site or who may be affected by the Work 6 20 2 all the Work and materials and equipment to be mcorporated therein, whether in storage on or off the site and 6 20 3 other property at the site or adjacent thereto including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facihnes not designated for removal relocation or replacement in the course of construction CONTRACTOR shall comply with all applicable Laws and Regulations of any public body havmg jurisdiction for safety of persons or property or to protect them from damage injury or loss and shall erect and maintain all necessary safeguards for such safety and protection CONTRACTOR shall notify owners of adjacent property and of Underground Facihnes and utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection removal relocation Rod replacement of thew property All damage injury or loss to any property referred to in paragraphs 6 20 2 or 6 20 3 caused, directly or indweety in whole or in pan, by CONTRACTOR, any Subcontractor Supplier or any other person or organvation directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications cr to the acts or omissions 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 or in Part to the fault or negligence of CONTRACTOR or any Subcontractor Supplier or other person or organization directly or indirectly employed by any of them) CONTRACTORS dunes and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14 13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) 6.21 Safety Representative CONTRACTOR shall designate a qualified and experienced safetv representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs Hazard Communication Programs 622 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations Emergencies 623 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER is obligated to act to prevent threatened damage injury or loss CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby If ENGINEER determines that a change In the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency a Work Change Directive or Change Order will be Issued to document the consequences of such action 6.24 Shop DrawmgsandSamples 6 24 1 CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2 9) All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements The data shown on the Shop Drawings will be complete with respect to quantities dimensions specified performance and design criteria materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6 26 6 24 2 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals Each Sample will be identified clearly as to material, Suppher pertinent data such as catalog numbers and the use for which intended and Otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 EJCDC GENERAL CONDITIONS 1910 a (1990 EAnuo) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) purposes required by paragraph 626 The numbers of each Sample to be submitted will be as specified in the Specifications 6,25 Submittal Procedures 6 25 1 Before submitting each Shop Drawing or Sample CONTRACTOR shall have determined and verified 62511 al] field measurements quantities, dtmenslons, specified performance criteria installation requirements, materials, catalog numbers and similar information with respect thereto 625 12 all materials with respect to intended use fabrication shipping handling storage assembly and installation pertaining to the performance ofthe Work, and 62513 all information relative to CONTRACTORS sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs Incident thereto CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents 6 25 2 Each submittal will bear a stamp or specific written Indication that CONTRACTOR has satisfied CONTRACTORS obligations under the Comract 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 vanations if any that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents such notice to be in a written commumcation separate from the submittal and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 626 ENGINEER will review and approve Shop 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 incorporation in the Work conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEERS review and approval will not extend to means, methods techniques, sequences or Procedures of construction (except where a particular means, method technique sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs mcident thereto The review and approval of a separate item as such will not indicate approval of the assembly in which the Item functions CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals 627 ENGINEERS review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEERS attention to each such variation at the time of submission as required by Paragraph 6 25 3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6 25 1 628 Where a Shop Drawing or Sample its required by the Contract Documents or the schedule of Shop Drawmg and Sample submissions accepted by ENGINEER as required by paragraph 29 any related Work performed Prior to ENGINEERS review and approval of the pertment submittal will be at the sole expense and responsibility of CONTRACTOR Coahnumg the Work 629 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15 5 a as OWNER and CONTRACTOR may otherwise agree in writing 630 CONTRACTORS General Warrantv and Guarantee 6 30 1 CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEERS Consultants that all Work will be in accordance with the Contract Documents and will not be defective CONTRACTORS warranty and guarantee hereunder excludes defects or damage caused by 63011 abuse modification or Improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers or 63012 normal wear and tear under normal usage 6302 CONTRACTORS obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute None of the following will constitute an acceptance of Work that is not in ESCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ arI OF FORT COLLINS MODIFICATIONS (REV 40000) accordance with the Contract Documents or a release of CONTRACTORS obligation to perform the Work in accordance with the Contract Documents o 30 2 1 observations by ENGINEER 63022 recommendation of any progress or final payment by ENGINEER b 30 2 3 the issuance of a certificate of Substantial Completion or any payment OWNER to CONTRACTOR under the Contract Documents 63024 use or occupancy of the Work or any Fart thereof by OWNER 63025 any acceptance by OWNER or any failure to do so 63026 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 1413 63027 any inspection, test or approval by others or 63028 any correction of defective Work by OWNER Indemnification 631 To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGEVEERs Consultants and the officers, directors employees agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of eugmeers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by arising out of or resulting from the performance of the Work provided that any such claim cost, loss or damage (I) is attributable to bodily injury sickness disease or death, or to injury to a destmction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (u) is caused in whole or in part by any negligent act or omnssion of CONTRACTOR, any Subcontractor any Supplier any person or organization directly or indirectly employed by any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable regardless of whether or not caused in part by any negligence or omission of a person or entity Indemnified hereunder or whether lability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity 632 In any and all clans against OWNER or ENGINEER or any of then respective consultants, agents, otTcers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor any Supplier any Person or organization directly or indirectly employed by IRA any of them to perform or funtlsh any of the Work or anyone for whose acts any of them may be liable the Indemnification obligation under paragraph 631 shall not be limited many way by any [imitation on the amours or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor Supplier or other person or orgamratmon under workers compensation acts disability benefit acts or other employee benefit acts 633 The indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the liability of ENGINEER and ENGINEER s Consultants, officers directors, employees or agents caused by the Professional negligence errors or omissions of any of them Sarvrval OfOMtganons 634 All representations, mdemmficatrons, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well m all continuing obligations indicated in the Contract Documents, will survive final payment completion and acceptance of the Work and termination or completion of the Agreement ARTICLE 7 OTHER WORK Related Work at Sde 71 OWNER may perform other work related to the Project at the site by OWNERS own forces or let other direct contracts therefor which shall contain General Conditions similar to these or have other work performed by utility owners If the fact that such other work is to be performed was not noted in the Contract Documents, then (i) written notice thereof will be given to CONTRACTOR Prior to starting any such other work and (11) CONTRACTOR may make a clams therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof 72 CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNERS employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work CONTRACTOR shall not endanger any work of others by cutting excavating or otherwise altering their work and will only cut or alter them work with the written consent of ENGINEER and the others whose work will be affected The duties and responsibilities of CONTRACTOR under dvs paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable Is EICDC GENERAL CONDITIONS 1910-80990 Ednm) w/ CITY OF FORT COLUNE MODIFICATIONS (REV 40000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors 73 If the proper execution or results of any 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 o deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTORS Work C.ONTRACTORs failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTORS Work except for latent or nonapparent defects and deficiencies in such other work CooriEnarmn 74 If OWNER contracts with others for the performance of other work on the Project at the Site the following will be set forth in Supplementary Conditions 7 4 1 the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prune contractors will be identified 742 the specific matters to be covered by such authority and responsibility will be itemized and 743 the extent of such authority and responsibilities will be provided Unless otherwise provided in the Supplementary Conditions OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8- OWNER S RESPONSIBILITIES 8 1 Except as otherwise provided in these General Conditions, OWNER shall Issue all communications to CONTRACTOR throughENGINEER 82 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer agewst whose stams under the Contract Documents shall be that of the former ENGINEER 83 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14 4 and 14 13 84 OWNERs duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4 1 and 44 Paragraph 42 refers to OWNERS identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents RNA 11 Me so 95 86 OWNER is obligated to execute Change Orders as mdlcated in paragraph 10 4 87 OWNERs responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13 4 88 In connection with OWNERS right to stop Work or suspend Work we paragraphs 13 10 and 15 1 Paragraph 152 deals with OWNERS tight to term mate services of CONTRACTOR under certain circumstances 89 The OWNER shall not supervise direct or have control or authority over nor be responsible for CONTRACTORS means, methods, techniques, sequences or procedures of construction or the safety precautions and Programs mordent thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work OWNER will not be responsible for CONTRACTOR, failure to perform or furnish the Work in accordance with the Contract Documents ARTICLE 9—ENGINEER S STATUS DURING CONSTRUCTION OWNER sRepresentanve 91 ENGINEER will be OWNERS representative during the construction period The dunes 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 69sts 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 ESCDC GENERAL CONDITIONS 1910-S (1990 Edam.) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4n000) 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 determine in general If the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or contumous on site Inspections to check the quality or quantity of the Work ENGINEERS efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents On the basis of such visits and on site observations ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against &feenve Work ENGINEERS visits and on site observations are subject to all the hmnattons on ENGNEERs authonty and responsibility set forth in paragraph 9 13 and particularly but without limitation, during or as a result of ENGNEERs on -site visits or observations of CONTRACTORS Work ENGINEER will not supervise direct control or have authority over or be responsible for CONTRACTORS means, methods techniques sequences or procedures of construction, or the safety precautions and programs incident thereto or for arry 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 continuous observation of the Work The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs93 and 913 and in 6endittens of these General Conditions If OWNER designates another representative or agent to represent OWNER at the site who is not ENGNEERs Consultant, agent or employee the responsibilities and authonty and limitations thereon of such other person will be as provided in the rotramanh 9 3 931 The Representatives dealings in matters pertanne to the on site work will in general be with the ENGINEER and CONTRACTOR But the Representative will keep the OWNER properly advised about such matters The Re eseritanves dealings with subcontractors will only be through with the foil knowledge and approval of the CONTRACTOR 932 Duties and Responsibilities Representative will 9321 Schedules Review the progress 19 schedule and other schedule prepared by the CONTRACTOR and consult with the ENGINEER contenting acceptabilipi 9 3 2 2 Conferences and Meeting Attend MMUM with the CONTRACTOR such as precons,uction conferences progrss meet and other A conferences and Preoare and circulate copies of minutes of mectIngs 9 3 2 3 Liaison 93231 Serve as ENGINEERS haison with CONTRACTO works princioallv through CONTRACTORS superimendem to assist the CONTRACTOR in understand_ the Contract Documents 9 3 2 3 2 Assist in obtammg from OWNER additional details or uil'ormatto when rred for proper execution of the Work 93233 Advise the ENGINEER and CONTRACTOR of the commencement of anv Work reguirmf a Shop DmwL or sample submission If the submission has not been approved by the ENGINEER 9 3 2 4 Review of Work Rejection of Defective Work, Inspections and Tests 9 3 2 4 1 Conduct on site observations of the Work in ro ress to assist the ENGINEER in determining that the Work is moceeding in accordance with the Contract Documents 93243 Accomnarly visiting Inspectors representing pubhe or other agencies having iunsdicuun over the Project retard the results of these Inspections and report to the ENGINEER 9325 Iril;e etation of Contract Documents Report to ENGINEER when clmificahons and imeroretatiom of the Contmet Documems are needed and transmit to CONTRACTOR clanfication and mterpretat, VI the Contract Documents as issued by the ENGINEER 9326 Modifications Consider and evaluate CONTRACTORS su gesaons for 20 EJCDC GENERAL CONDITIONS 1910 S (1990 Edo.) w( CITY OF FORT COLLINS MODIFICATIONS (REV 42000) modification in Drawing or Specifications and report these recommendations to ENGINEER Accurately transmit to CONTRACTOR decisions tssued by the ENGINEER v 3 2 7 Records 9 3 2 8 Reports 9 3 2 8 1 Famish ENGINEER periodic reports. as regwred of the progress of the Work and of the CONTRACTORS comohance with the progress schedule and schedule of shop Drawing and sam p]e submittals 93282 Consult with ENGINEER in advance of scheduling mayor test inspections or start of important phases of the Work 9 3 2 8 3 Draft proposed Chan e Orders and Work D,ecave Change obtatiung backup material from the CONTRACTOR Hilo recommend [o ENGINEER Change Orders Work D,ecbve Change and field orders 9 3 2 8 4 Report tmmedmtely to ENGINEER and OWNER the occurrence of any accident 9 3 2 9 Payment Requests Review appl taboos for payment with CONTRACTOR for comphance with the established procedure for the, submission and forward with recommendation to ENGINEER none¢ pmticularly the relationship of the payment requested to the schedule of value work completed and materials and equipment delivered at the site but not incorporated in the Work 93210 Completion 932101 Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items reoumng correction or completion 932102 Conduct final inspection in the comnanv of the ENGINES OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 932103 Observe that all items on the final Itat have been corrected or completed and make remmmendanons to ENGINEER concerning acceptance 933 Lanttanon of Authority The Representative shall not 9331 AudI0I1Ze aw deviations from the Contract Documents or acc t any substitute materials or equipment unless authorized by the ENGINEER 9332 Exceed lmnitauons of ENGINEERS authority as set forth in the Contract Documents VJJJ Undertake any of the responsibilities Of the CONTRACTOR Subcontractors or CONTRACTOR S superintendent 9334 Advise on, or issue directions relative to or assume control over any aspect of the means, method,% techmuues, sequences or procedures for construction unless such is specifically called for in the Contract Documents 9 3 3 � Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work 9336 Accent Shop Drawl or sample submtttaN trom anyone other than the CONTRACTOR 9337 Authonze OWNER to occupy the Work in whole or m Dart 9 3 3 8 Pazuci ate in specialized field or labommry tests or mncuons conducted by others except as specifically authonzed by the ENGINEER Clanfieations and Interpretations 94 ENGINEER will issue with reasonable promptness such written clanfncauons or interpretations of the EICDC GENERAL CONDITIONS 1910R (1990 Edaim) wi CITY OF FORT COLLINS MODIFICATIONS (REV 4¢000) requirements of the Contract Documents (m the forth of Drawings or otherwise) as ENGINEER may determine necessary which shall be consistent with the intent of and reasonably inferable from the Contract Documents Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER a CONTRACTOR believes that a written clarification or mterpretatim justifies an adjustment in the Contract price or the Contract Tunes and the parties are unable to agree to the amount or extent thereof if any OWNER or CONTRACTOR may make a written clam therefor as provided in Article 11 or Article I 4uthorized Ianations in Work 9 � ENGINEER may authorize minor vartauons in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compauble with the design concept of the completed Project as a functioning whole as Indicated by the Contract Documents These maybe accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved Promptly if OWNER or CONTRACTOR believes that a Field Orderjustifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount a extent thereof OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12 Rejecting Defective Work 96 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective or that ENGINEER believes will not produce a completed Project that confntms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to require special Inspection or testing of the Work as provided in paragraph 13 9 whether or not the Work u fabricated, Installed or completed Shop Drawings Change Ordersane(Payments 97 In connection with ENGINEER, authority as to Shop Drawings and Samples see paragraphs 6 24 through 6 28 inclusive 98 In connection with ENGINEERS authority as to Charge Orders see Articles 10 11 and 12 99 In connection with ENGINEERs authority as to Applications for Payment see Article 14 Determinations for Omt Pnees 910 ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEER, preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Paymentor otherwise) ENGINEERS written decision thereon will be final and bmdmg 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 mtentton to appeal from ENGINEERs decision and (i) an appeal from ENGINEER s decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC A Dispute Resolution Agreement entered into between OWNER and CONTRACTOR pursuant to Article 16 or (it) 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 Deeasmns on Dupules 911 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Claims disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles I 1 and 12 in respect of changes in the Contract Price or Contract Tunes will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph Written notice of each such claim dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto and wntten supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional penod of time for the submission of additional or more accurate data in support of such claim dispute cr other matter The opposing parry shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimants last submittal (unless ENGINEER allows additional time) ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party s submittal if any in accordance with this paragraph ENGINEERS written decision on such chains dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless (1) an appeal from ENGINEERS decision is taken within the time limits and in accordance with the Procedures set forth in EXHIBIT GC A. Dispute Resolution Agreement entered into between OWNER and CONTRACTOR pursuant to Article 16 or (11) of no such Dispute Resolution Agreement has been entered into a written notice of invention to appeal from ENGINEERS written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such clams dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 EJCDC GENERAL CONDITIONS 19108(1990Edna0) W CITY OF FORT COLLINS MODIFICATIONS (REV 40000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 912 When functioning as interpreter and judge under paragraphs 9 10 and 9 11 ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable m connection with any Interpretation or decision rendered in good faith in such capacity The rendering of a decision by ENGINEER pursuant to paragraphs 9 10 or 911 with respect to any such claim chspute or other matter (except any which have been waived by the making OF acceptance of final payment as provided in paragraph 14 15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any Such claim dispute or other metter-pwFsuefft-to-ArHcle-}y 913 Lumtations on ENGINEERS 4uthonty and Responwbihtia 9 13 1 Neither ENGINEERS authority or responsibility under this Article 9 or under any other Provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create impose or give rise to any duty owed by ENGINEER w CONTRACTOR., arty Subcontractor any Supplier any other person or organization, or to any surety for or employee or agent of any of them 9 13 2 ENGINEER will not supervise direct control or have authority over or be responsible for CONTRACTORS means, methods, techniques sequences or procedures of construction, or the safety precautions and programs incident thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or Performance of the Work ENGINEER will not be responsible for CONTRACTORS failure to perform or fwmsh 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 arty Suppler cr of any other person or organvatlon performing or furishing any of the Work 9 13 4 ENGINEERs review of the final Application for Payment and accompanying documentation and all maintenance and operating Instructions, schedules, guarantees, Bonds and certificates of inspection tests and approvals and other documentation required to be delivered by paragraph 1412 will only be to determine generally that their convent complies with the requirements of and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents 9 13 5 The limitations upon authority and furnishing of the Work 5 0 INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda Questions received less than seven days prior to the date for opening of the Bids may not be answered Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect 5 2 All questions concerning the scope of this pro]ect should be directed to the Engineer Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division 5 3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer 5 4 Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents 6 0 BID SECURITY 6 1 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds 6 2 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening 7 0 CONTRACT TIME The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement Rev 10/20/07 Section 00100 Page 3 responsibility, set forth in this paragraph 9 13 shall also apply to ENGINEERS Consultants, Resident Project Representative and assistants ARTICLE 10—CHANGESIN THE WORK 101 Without invalidating the Agreement and without notice to any surety OWNER may at any time or from time to time order additions deletions or revisions in the Work Such additlons, deletions or revisions will be authorized by a Written Amendment, a Change Order or a Work Change Directive Upon receipt of any such document CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) 102 If OWNER and CONTRACTOR are unable to agree as to the extent, if any of an adjustment in the Contract Price or an adjustment of the Contract Tines that should be allowed as a result of a Work Change Directive a claim may be made therefor as provided in Article 11 or Article 12 103 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Tames with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3 5 and 3 6 except in the case of an emergency as provided in paragraph 6 23 or in the case of uncovermg Work as provided m Paragraph 139 104 OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering 1041 changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10 1 (u) required because of acceptance of defective Work under paragraph 13 13 or correcting defectrve Work under paragraph 13 14 or (m) agreed to by the parties l0 4 2 changes in the Contract Price ni Contract Tunes Much 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 paragraph 9 11 Provided that in lieu of executing any such Change Order an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6 29 105 If notice of any change affecting the general scope Of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIONS 19104 (1990 Edmm) w/ CITY OF FORT COUINS MODIFICATIONS (REV 42000) (including but not limited to Contract price or Contract Times) is required by the provisions of any Bond to be given to a surety the giving of any such notice will be CONTRACTOR s responsibility and the amount of each applicable Bond will be adjusted accordingly ARTICLE 11 CHANGE OF CONTRACT PRICE 11I The Contract Rice constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Wort. All duties responsibrhties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTORS expense without change in the Contract Price 112 The Contract Price may only be changed by a Change Order or by a Written Amendment Any clams for an adjustment in the Contract Price shall be based on written notice delivered by the party making the clan to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the Mcurrence or ever: giving nse to the clan and stating the general nature of the claim Notice of the amount of the clam with supporting data shall be delnered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the clam) and shall be accompanied by claunants wntten statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of and occurrence or event All clans for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph9ll of OWNER and CONTRACTOR cannot otherwise agree on the amount involved No claan for an adjustment in the Contract price will be valid of not submitted in accordance with this paragraph 112 113 The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows 11 3 I where the Work involved is covered by unit prices contamed in the Contract Documents application of such unit prices to the quantities of the items involved (subject to the provisions of 23 Paragraphs 119 1 through 119 3 inclusive 11 32 where the Work involved is not covered by unit prices contained in the Contract Documents by a mutuallv agreed payment base, Including lump sum (which may include an allowance for overhead and Profit not necessarily in accordance with paragraph I 1 6 2) 113 3 where the Work involved is not covered by unit Prices contamed in the Contract Documents and agreement to a lump sum is not reached under paragraph 11 3 2 on the basis of the Cost of the Work (determined as provided in paragraphs 114 and 11 5) Plus a CONTRACTORS fee for overhead and profit (determmed as provided in paragraph 11 6) Cost of the Work 114 The term Cost of the Work means the sum of all costs necessarily mcurred and paid by CONTRACTOR in the proper performance of the Work Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 115 114 1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation superintendents, foremen and other personnel employed full time at the site Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work Payroll costs shall MAlude, but R be limited to, salaries and wages plus the cost of fringe benefits which shall include social securtty contributions unemployment excise and payroll taxes, workers compensation, health and -retseeatent benefits 9-le leave vaeatssi��� applicable thereto The expenses of performing Work after regular working hours on Saturday Sunday or legal holidays, shall be included in the above to the extent authorized by O WNER I1 42 Cost of all matenals and equipment furrushed and moorporated in the Work, including costs of transportation and storage thereof and Suppliers field services regqwred in connection therewith All cash discounts sFmll accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with wluch 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 It 4 3 Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors If required by OWNER 24 E]CDC GENERAL CONDITIONS 1910-6 (1990 Etffiao) w/ CRY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER, which bids, if any will be accepted If any subcontract provides that the Sube.ontractor Ls to be paid on the basis of Cost of the Work plus a fee the Subcontmetofs Cost of the Work and fee shall be determined in the same manner as CONTRACTORS Cost of the Work and fee as provided in paragraphs 114 l l� 116 and 1 1 7 All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable 1144 Costs of special consultants (including but not limited to engineers architects testing laboratories surveyors, attorneys and accountants) employed for services specifically related to the Work 114 5 Supplemental costs including the following 114 � 1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTORS employees incurred in discharge of duties connected with the Work 11452 Cost including transportation and maintenance of all materials, supphes, equipment, machinery appliances office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11453 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading unloading installation, dismantling and removal thereof —all in accordance with terms of said rental agreements The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work 11454 Sales, consumer use or similar taxes related to the Work, and tot which CONTRACTOR a liable unposed by Laws and Regulations 114 5 � Deposits lost for causes other than negligence of CONTRACTOR any Subcontractor or anyone directly or mduectly employed by any of them or for whose acts any of them may be liable and royalty payments and fees for permits and licenses 11456 Losses and damages (and related expenses) caused by damage to the Work not compensated by insurance or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages wltlun the deductible amounts of property insurance established by OWNER in accordance with paragraph 59) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTORS fee If however any such loss or damage requires reconstruction and CONTRACTOR is placed In charge thereof CONTRACTOR shell 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 Mmor 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, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTORS principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of lob classifications referred to in paragraph it 4 1 or specifically covered by paragraph 114 4—all of which are to be considered administrative costs covered by the CONTRACTORsfee 1152 Expenses of CONTRACTORs principal and branch offices other than CONTRACTOR, office at the site 1153 Any part of CONTRACTORS capital expenses, including interest on CONTRACTORS capital employed for the Work and charges against CONTRACTOR for delinquent payments 115 4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by Subparagraph 114 D 9 above) E7CDC GENERAL CONDITIONS 1910-8 (1990 Een,m) wr CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 115 5 Costs due to the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable including but not limited to the correction of ekfectme Work, disposal of materials or equipment wrongly supplied and making good any damage to property 115 6 Other overhead or general expense costs of arty 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 various Portions of the Cost of the Work 11621 for costs incurred under paragraphs 1141 and 1142 the CONTRACTORS fee shall be fifteen per cent 11622 for costs incurred under Paragraph 11 43 the CONTRACTORS fee shall be five pert ent 11623 where one or more Gem of subcontracts are on the basis of Cost of the Wort, plus a fee and no fixed fee is agreed upon, the intent of paragraphs 114 1 114 2 114 3 and 1162 is that the Subcontractor who actually performs or furnishes the Work at whatever tier will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 114 1 and 11 4 2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee t1 "t' I" - to be neeotiated m aood faith with the OWNER but not to exceed live Percent of the amount Paid to the next lower her Summallactor 11624 no fee shall be payable on the basis of costs Itemized under paragraphs 114 4 114 5 andll5 11 625 the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTORs fee by an amount equal to five percent of such net decrease and 11626 when both additions and credits are involved many one change the adjustment in CONTRACTORS fee shall be computed on the basis of the net change in accordance with Paragraphs 1 l 6 2 1 through 1 l 6 2 5 inclusive 117 Whenever the cost of any Work is to be 25 determined pursuant to paragmphs 11 4 and l l � CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting Practices and submit in fort acceptable to ENGINEER an itemized cost breakdown together with supporting data Cash Allow¢nces 11 8 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that I 1 8 1 the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes and 11 82 CONTRACTORS costs for unloading and handling on the site labor installation costs, overhead Profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted 119 Unit Price Work 11 9 1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, irutially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an weal Contract Price Detemutations of the actual quarnhes and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 910 119 2 Each unit pnce will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item 1193 OWNER or CONTRACTOR may make a 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 materially and significantly from the estimated quantity of such item indicated in the Agreement 26 ErCDC GENERAL CONDITIONS 1910-8 (1990 Ediu.) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is enutledto a decrease in Commct Pnce and the parties are unable to agree as to the amount of any such increase or decrease 11 9 3 4 CONTRACTOR acknowl ges that the OWNER has the right to add or delete items in the BIB or cha se quantities at OWNERS sole discretion without affecting the Contract Price of any rema>_mn$ item ao lon as the deletion or addition does not exceed twenty five Percent of the onemal 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 clam for an adjustment of the Contract Tuna (or Milestones) shall be based on written notice delivered by the party making the clam to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim Notice of the extent of the clam with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional nine to ascertain more accurate data in support of the clam) and shall be accompanied by the claananCs written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled � a result of the occurrence of said event All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9 11 if OWNER and CONTRACTOR cannot otherwise agree No clam for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12 1 122 All nine limits stated in the Contract Documents are of the essence of the Agreement 123 Where CONTRACTOR is prevented trom completing any part of the Work within the Contract Times (or Milestone) due to delay beyond the control of CONTRACTOR, the Contract Tunes (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in Paragraph 12 1 Delays beyond the control of CONTRACTOR shall include but not be limited to acts or neglect by OWNER acts or neglect of uthty owners or other contractors performing other work as contemplated by Article 7 fires, floods epidemics, abnormal weather conditions or acts of God Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays wrthnn the control of CONTRACTOR 124 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTORS sole and exclusive remedy for such delay In no event shall OWNER be liable to CONTRACTOR any Subcontractor any Supplier any other person or orgamation, or, to any surety for or employee or agent of any of them for damages arising out of or resulting from (1) delays caused by or within the control of the CONTRACTOR, or (a) delays beyond the control of both parties including, but not limited to fires, floods, epidemics, abnormal weather wridinons, acts of God or acts or neglect by utility owners or other contractors perform mg other work as contemplated by Article 7 ARTICLE 13 TESTS AND INSPECTIONS CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 131 NoticeofDefects Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in tfus Article 13 Access to Work 132 OWNER, ENGINEER, ENGINEERS Consultants other representatives and personnel of OWNER Independent testing laboratories and governmental agencies with Jurisdictional interests will have access to the Work et reaseriable-tanea for their observation. inspecting and testing CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTORS site safety procedures and programs so that they may comply therewith as applicable Tests and Inspections 133 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections tests or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests 134 OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except 1341 for inspections tests or approvals covered by paragraph 13 5 below 1342 that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 9 EJCDC GENERAL, CONDITIONS 1910-8 (1990 Eddim) wi CITY OF FORT COLLINS MODIFICATIONS (REV 4n000) below shall be paid as provided in said paragraph 13 9 and 1343 as otherwise specifically provided in the Contract Documents 13 � If Laws or Regulations of any public body having Jurisdiction require any Work (or part thereof) specifically to be inspected. tested or approved by an employee or other representative of such public body CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections tests or approvals, Fay all costs in connection therewith, and famish ENGINEER the required certificates of inspection or approval CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNERS and ENGINEERS acceptance of materlals or egmpmem to be incorporated in the Work or of materials mix designs, or equipment submitted for approval poor to CONTRACTORS purchase thereot for mcorpixabon m the Work 136 If any Work (or the work of others) that is to be inspected tested or approved is covered by CONTRACTOR without written concurence of ENGINEER it must, if requested by ENGINEER be uncovered for observation 137 Uncovering Work as provided in paragraph 13 6 shall be at CONTRACTORS expense unless CONTRACTOR has given ENGINEER timely nonce of CONTRACTORS intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice Uncovering Work 138 If any Work is covered contrary to the written request of ENGINEER, it must, If requested by ENGINEER be uncovered tor ENGINEER, observation and replaced at CONTRACTORs expense 139 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEERS request, shall uncover expose or otherwise make available for observation inspection or testing as ENGINEER may require that portion of the Work m question, furnishing all necessary labor material and equipment If it is found that such Work is defective CONTRACTOR shall pay all claims, costs, losses and damages caused by arising out of or resulting from such uncovering exposure observation inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others) and OWNER shall be entitled to an appropriate decrease in the Contract Rice and if the parties are unable to agree as to the amount thereof may make a claim therefor as provided in Article 11 If however such Wok is not found to be defective CONTRACTOR shall be allowed an mcrease in the Contract Price or an extension of the Contract Times (or Milestones) or both, directly attributable to such 27 uncovering, exposure observation, msp,,non, testing replacement and reconstruction, and if the parties are unable to agree as to the amount or extent thereof CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 OWNER May Stop the Work 13 10 If the Work is defective or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work m such a way that the completed Work will conform to the Contract Documents OWNER may order CONTRACTOR to stop the Work or any portion thereof until the cause for such order has been eliminated however this right of OWNER to stop the Work shall not give rue to any duty on the tart of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party Correction or Removal ofDefechve Work 13 11 If required by ENGINEER, CONTRACTOR shall Promptly as directed, either correct all defective Work whether or not fabricated, installed or completed, or if the Work has been rejected by ENGINEER, remove tt from the site and replace it with Work that is not defective CONTRACTOR shall hay all clams costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others) 13 12 Correction Penod 13 12 1 If within ene-fear two veaa after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the teats of any applicable special guarantee required by the Contact Documents or by any specific provision of the (,ontract Documents any Work is found to be defective CONTRACTOR shall promptly without cast to OWNER and in accordance with OWNERS written instructions (I) correct such defechve Work, or if it has been rejected by OWNER remove it from the site and replace it with Work that is not defective and (u) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause =tons risk of loss or damage OWNER may have the *fect7ve Work corrected or the rejected Work removed and replaced, and all clams, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13 12 2 In special circumstances where a particular item of equipment is placed in contmitous service before Substantial Completion of all the Work, the cotection Penod for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 13 12 3 Where defecave Work (and damage to other 28 EJCDC GENERAL CONDITIONS 191040990Edmm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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-yeee two years after such correction or removal and replacement has been satisfactorily completed 4cceptance 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 claims, costs losses arid damages attributable to OWNERS evaluation of and determmation to accept such defective Work (such costs 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 amount thereof OWNER may make a clam therefor as provided in Article 11 If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER 0WIVER 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 if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may after seven days written notice to CONTRACTOR, correct and remedy any such deficiency in exercumg the rights and remedies under this paragraph OWNER shall proceed expeditiously In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site take possession of all or part of the Work and suspend CONTRACTORS services related thereto take Possession of CONTRACTORS tools, appliances construction egmpment and machinery at the site and Incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere CONTRACTOR shall allow OWNER, OWNERS representatives agents and employees, OWNERs other contractors and ENGINEER and ENGINEER, Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All clams, coats losses and damages incurred or sustamed by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be Issued incorporating the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof OWNER may make a clam therefor as provided in Article 11 Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTORS defective Work CONTRACTOR shall not be allowed an extension of the Contract Tunes (or Ivhlestones) because of any delay in performance of the Work attributable to the exercise by OWNER of O WNER s rights and remedies hereunder ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values 141 The schedule of values established as provided in paragraph 2 9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER Progress payments on account of Unit Price Work will be based on the number of units completed Application for Progress Payment. 142 At least twenty days before the date established for each progress payment (but not more often than once a month) CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as Is required by the Contract Documents If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the .application for Payment shall also be accompanied by a bill of sale invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to Protect OWNERS interest therein, all of which Will be Satisfactory to OWNER The amount of retamage with respect to progress payments will be as stipulated in the Agreement Any funds that a withheld by the OWNER shall not be Subject to substitution by the CONTRACTOR wndi securities or anv ements involvink an escrow or wstodiansho By executing the aoohcation for oavment form the CONTRACTOR exp ussly waives his right to the benefits of Colorado Revised Statutes Section 24 91 101 et sea CONTRACTOR s Warranty of Title 143 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens Review ofAppGeauons for Progress Payment 144 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EICDC GENERAL CONDITIONS 1910 9(1990 Edam) w/ CITY OF FORT COLLINS MODIFICAUONS (REV 4¢000) recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER s reasons for refusing to recommend payment In the latter case CONTRACTOR may make the necessary corrections and resubmit the 44iplicatton Ten days after presentation of the Application for Payment to OWNER with ENGINEER, recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14 7) become due and when due will be paid by OWNER to CONTRACTOR 14) ENGINEERs recommendation of any payment requested in an Apphoation for Payment will constitute a representation by ENGINEER to OWNER cased on ENGINEERS on site observations of the executed Work as an experienced and qualified design professional and on ENGINEERS review of the Application for Payment and the accompanying data and schedules that to the best of ENGINEERsknowledge informationand belief 14 5 1 the Work has progressed to the point indicated, 14 5 2 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion to the results of any subsequent tests called for in the Contract Documents to a final determination of quantities and classifications for Unit Price Work under paragraph 9 10 and to any other qualifications stated in the recommendation) and 14 5 3 the conditions precedent to CONTRACTORS being entitled to such payment appear to have been fulfilled insofar as it Is ENGINEER s responsibility to observe the Work However by recommending any such payment ENGINEER will not thereby be deemed to have represented that (I) exhaustive or continuous on site mspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (u) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 146 ENGINEERS recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR, means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of 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 arty part of any payment if in ENGINEERS opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14 5 ENGINEER may also refuse to recommend any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests nullify any such payment previously recommended, to such extent as may be necessary in ENGINEERS opinion to protect OWNER from loss because 1471 the Work is defective or completed Work has been damaged requiring correction or replacement 1472 the Contract Price has been reduced by Written Amendment or Change Order 14 7 3 OWNER has been required to correct ckfechve Work or complete Work in accordance with paragraph 13 14 or 1474 ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15 2 1 through 15 2 4 inclusive OWNER may refuse to make payment of the full amount recommended by ENGINEER because 1475 clans have been made against OWNER on account of CONTRACTORS performance or furnishing of the Work 1476 Liens have been filed in connection with the Work except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the Satisfaction and discharge of such Liens 1477 there are other items entitling OWNER to a set off against the amount recommended, or 14 7 8 OWNER has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14 7 1 through 14 7 3 or paragraphs 15 2 1 through 13 2 4 inclusive but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for Such action and promptly pav 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 Subst"ial Complehon 148 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items spemfically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion If ENGINEER does not consider the Work substantially complete ENGINEER will notify CONTRACTOR in writing giving the reasons therefor If ENGINEER 30 E1CDC GENERAL CONDITIONS 1910 S (1990 Ediaan) wf CITY OF FORT COLONS MODIFICATIONS (REV 4R000) considers fix Work substantially complete ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list If after considering such objections ENGINEER concludes that the Work is not substantially complete ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor If after consideration of OWNERS objections, ENGINEER considers the Work substantially complete ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believesjustified after consideration of any objections from OWNER At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final paymem between OWNER and CONTRACTOR with respect to security Operation, safety maintenance heat, utilities, insurance and warranties and guarantees Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEERS issuing the definitive certificate of Substantial Completion, ENGINEERS aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 149 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completioq but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Uhhzahon 1410 Use by OWNER at OWNERS option of any substantially completed part of the Work, which (1) has specifically been identified in the Contract Documents, or (u)OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its attended purpose without significant mterference with CONTRACTORS performance of the remainder of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following 14 10 1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete If CONTRACTOR agrees that Such Fart of the Work is substantially complete CONTRACTOR will certafy to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work CONTRACTOR at any time may notify OWNER and ENGINEER m witting that CONTRACTOR considers any such pint of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that Part of the Work Within a reasonable time after etcher such request, OWNER. CONTRACTOR and ENGINEER shall make an inspecum of that part of the Work to determine its stains of completion If ENGINEER does not consider that part of the Work to be substantially Complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor If ENGINEER considers that Fart of the Work to be substantially complete the provisions of paragraphs 14 8 and 14 9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto 14 10 2 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph ) 15 in respect of property insurance Final Inspection 1411 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof its complete ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this Inspection reveals that the Wok is incomplete or defective CONTRACTOR shall immediately take such measures as me necessary to complete such work or remedy such deficiencies Final Application for Payment 1412 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions schedules guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5 4 certificates of Inspection, markedup record doeumems (as provided in paragraph 6 19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments The fatal Application for Payment shall be accompamed (except as previously delivered) by (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5 4 13 (u) consent of the surety if any to final payment, and (nit) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER CONTRACTOR may famish receipts or releases in full and affidavit of CONTRACTOR that (I) the releases and receipts include all labor services, material and equipment for which a Lien could be filed, and (it) all payrolls material and equipment bills, and other indebtedness 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 falls EJCDC GENERAL CONDITIONS 1910-9 (1990 Edroam) w 0TY OF FORT COLLINS MODIFICATIONS (REV 42000) to furnish such a release or receipt in full CONTRACTOR may furnish a Band or other collateral satisfactory to OWNER to indemnify OWNER against any Lim Releases or waivers of bens and the consent of the surety to finalize payment are to be submitted on forms conform nv to the format of the OWNERS standard forms bound in the Projectmanual Final Payment and Acceptance. 14 13 If on the basis of ENGINEERS observation of the Work during construction and final inspection, and ENGINEERS review of the final Application for payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTORS other obligations under the Contract Documents have been fulfilled, ENGINEER will within ten days after receipt of the final Application for Payment, indicate in writing ENGINEERS recommendation of payment and present the Application to OWNER for payment kt the swine tune ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 1415 Otherwise ENGINEER will return the Application to CONTRACTOR indicating in writing the reasons for refusing to recommend limit payment in which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEERS recommendation and notice of acceptability the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR Sub tec[ to Paragraph 17 6 2 of these General Conditions 1414 Il; through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall upon receipt of CONTRACTORS final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted If the remaining balance to be held by OWNER for Wok not fully completed or corrected is less than the retamage stipulated in the Agreement, and of 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 firral Payment, except that it shall not constitute a waiver of claims War er of Claims. 14 15 The making and acceptance of final payment will constitute 14 15 1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14 11 from failure to comply with the Contract Documents or the terms of any special guarantees specified therem, or from CONTRACTORS continuing obligations under the Contract Documents and 14 15 2 A waiver of all claims by CONTRACTOR against OWNER other than those previously made in wTmng and still unsettled ARTICLE 15- SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Wort 151 At any nine and without cause OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Tunes or both, directly attributable to any such suspension of CONTRACTOR makes an approved claim therefor as provided in Articles I and 12 O WAAKR May Terminate 152 Upon the occurrence of any one or more of the following events 1521 if CONTRACTOR persistently fads to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficlent skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 29 as adjusted from time to time pursuant to paragraph 6 6) 1 ) 2 2 of CONTRACTOR disregards Laws or Regulations of any public body havirgjurnsdiction, 15 2 3 if CONTRACTOR disregards the authority of ENGINEER or 15 2 4 of CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents OWNER may after giving CONTRACTOR (and the surety if any) seven days written notice and to the extent Permitted by Laws and Regulations terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTORS tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion) incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 EJCDC GENERAL CONDITIONS 1910 a(1990EAbm) W CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR but which are stored elsewhere and fnash the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work its finished If the unpaid balance of the Contract Price exceeds all clans costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such clans costs, losses and damages exceed such unpaid balance CONTRACTOR shall pay the difference to OWNER Such claims costs, losses and damages mcurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed 153 Where CONTRACTORS services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liabiht r 154 Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement In such case CONTRACTOR shall be paid (without duplication of any items) 15 4 1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of tennmation including fair and reasonable sums for overhead and profit on such Work 15 4 2 for expenses sustained prior to the effective date of termination in perforining services and furnishing labor materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses 1543 for all claims, costs, losses and damages incurred in settlement of terrnated contracts with Subcontractors, Suppliers and others, and U 4 4 for reasonable expenses directly attributable to termination CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR May Stop Work or Ternanate 155 If; throughno act or fault of CONTRACTOR, the Work its suspended for a period of more than mnety days by OWNER or under an order of court or other public authority a ENGINEER fails to act on any Appheation for Payment within thirty days after it is submitted or OWNER fails for [harry days to pay CONTRACTOR arty 8 0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement 9 0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement" The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements 10 0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10 1 Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work Refer to Section 00430 contained within these Documents 10 2 If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions 10 3 CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work 11 0 BID FORM 11 1 A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder A separate unbound copy is enclosed for submission with the Bid 11 2 Bid Forms must be complete in ink or typed All lump sum prices Rev 10/20/07 Section 00100 Page 4 sum finally determined to be due then CONTRACTOR may upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15 4 In lieu of terminating the Agreement and without prejuchce to any other right or remedy if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for &my days to pay CONTRACTOR any sum finally determined to be due CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 155 are not intended to preclude CONTRACTOR from making clam under Articles 1 I and 12 for an Increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTORS stopping Work as permitted by thus paragraph ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement such dispute resolution method and procedure if any shall be as set forth in Exlubd GC A, Dispute Resolution Agreement to be attached hereto and made a part hereof If no such agreement on the method and procedure for resolving such disputes has been reached and subject to the provisions of paragraphs 9 10 9 11 and 912 OWNER and CONTRACTOR may exerLISc such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute ARTICLE 17—MISCELLANEOUS Giving Nonce 171 Whenever any provision of the Contract Documents requires the giving of written nonce 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 mall, postage prepaid, to the last business address known to the giver of the nonce 172 Computation of Time 17 2 1 When any period of time is referred to in the Contract Documents by days it volt be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day wdl be omitted from the computation EICDC GENERAL CONDITIONS 19104 (1990 Etllnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 17 2 2 A calendar day of twenty four hours measured from midnight to the next midnight will constitute a day Notice ofClatin 17 3 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party Is legally liable clams will be made in writing to the other party within a reasonable time of the first observance of such injury or damage The provisions of this paragraph 17 3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose Cumulative Remedies 174 The duties and obligations unposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guarantees and obligations imposed 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 are in addition to and are not to be construed in any way as a Initiation of any rights and remedies available to any or all of them which are otherwise unposed or available by Laws or Regulations by special warranty or guarantee or by other Provisions of the Contract Documents and the provisions of this paragraph will be as effective as if repeated specifically in the Com ict Documents in connection with each particular duty obligation, right and remedy to which they apply Professional Fees and Court Costs Included 175 Whenever reference Is made to clams costs losses and damages it shall Include in each case but not be limited to all fees and charges of engmeem arcfutects, attorneys and other professionals and all court or arbitration or other dispute resolution costs 176 The laws of the State of Colorado apply to this A CCIIIML Reference to two pmrient Colorado statutes are as follows 1762 If a claim is file OWNER is repuired by law (CRS 38 26 l07) to wirhhold from all Payments to CONTRACTOR sufficient funds to Insure the payment of all claims for labor materials team lure sustenance provisions provender or other supplies used or consumed by CONTRACTOR or his 33 34 EICDCGENERAL CONDIIIONS 1910-8(1990 Echbm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4Q000) (This page left blank intentionally) E'CDC GENERAL CONDITIONS 1910R (1990 Edt,.) w/ 35 CITY OF FORT COLLINS MODIFICATIONS at J2000) 36 ECDCGENERALCONDITIONS I91"(lMEckUm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties 161 All clans, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 1415) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then Obtaining subject to the limitations of the Article 16 This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specmtically enforceable under the prevailing law of any court having jursdicton 162 No demand for arbitration of any claim dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9 11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date No demand for arbitration of any such clam dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9 11 and the failure to demand arbitration within said flinty days period will result in ENGINEERS decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been mitiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the putties concerned No demand for arbltmtion of any written decision of ENGINEER rendered in accordance with paragraph 9 10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided m paragraph 9 10 163 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16 2 as applicable and in all other cases within a reasonable time after the clans dispute or other matter in question has ansen, and in no event shall arty such demand be made after the date when institution of legal or equitable proceedings based on such clans dispute or other matter in question would be barred by the applicable statute of limitations EiCDC GENERAL CONDITIONS 1910 3 (1990 Ediam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 164 Except as provided in paragraph 165 below no arbitration arumg out of or relating to the Contract Documents shall include by consolidation, joinder or many 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 mclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration and 1642 such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings and 16 4 3 the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion which consent shall make specific reference to this paragraph but w such consent shall constaute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent 16 � Notwithstanding paragraph 16 4 if a clam dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder CONTRACTOR shall include in all subcontracts required by paragraph 6 11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor Nothing in this paragraph if 5 nor in the provision of such subcontract consenting to joinder shall create any clam tight or cause of action in favor of Subcommctor and against OWNER ENGINEER or ENGINEERS Consultants that does not otherwise exist 166 The award rendered by the arbitrators will be final judgment may be entered upon it many court having jurisdiction thereoQ and it will not be subject to modification or appeal 167 OWNER and CONTRACTOR agree that they shall fast submit any and all unsettled claims, counterclaims, disputes and other matters in question between them ansing out of or relating to the Contract Documents or the breach thereof ( disputes ) to mediation by the American Arbitration Association under the Construction Industry Meditation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 161 through 166 unless delay in vitiating arbitration would irrevocably prejudice one of the parties The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16 2 and 16 3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time ]units and shall remain suspended until ten days after the termination of the mediation The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed GC At EICDC GENERAL CONDITIONS 1910 8 (1990 Edam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) GC Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below SC-4 2 Subsurface and Physical Conditions A Add the following language to paragraph 4 2 1 of the General Conditions 4 2 1 1 1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report B 4 2 1 2 1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4 3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following SC-5 4 8 Limits of Liability A Add the following language at the end of paragraph 5 4 8 The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows Rev 10/20/07 Section 00800 Page 1 5 4 1 and 5 4 2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5 4 3 and 5 4 5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL) This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner 5 4 6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL) 5 4 9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) SC-12 3 Add the following language to the end of paragraph 12 3 Contractor will include in the project schedule zero days lost due to abnormal weather conditions Rev 10/20/07 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950contract Change Order 00960 Application for Payment Rev 10/20/07 on the form must be stated in words and numerals in case of conflict, words will take precedence Unit prices shall govern over extensions of sums 11 3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation shall be shown below the corporate name 11 4 Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature 11 5 Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant The full name of each person or company interested in the Bid shall be listed on the Bid Form 11 6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form) 11 7 No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder if initialed, OWNER may require the Bidder to identify any alteration so initialed 11 8 The address and telephone number for communications regarding the Bid shall be shown 12 0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules 13 0 SUBMISSION OF BIDS 13 1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No , and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430 If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it 13 2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum Bids received after the time and Rev 10/20/07 Section 00100 Page 5 SECTION 00950 CHANGE ORDER NO PROJECT TITLE 6086 Olive Street Concrete Improvements CONTRACTOR PROJECT NUMBER DESCRIPTION 1 Reason for change 2 Description of Change 3 Change in Contract Cost 4 Change in Contract Time ORIGINAL CONTRACT COST $ 00 TOTAL APPROVED CHANGE ORDER 0 00 TOTAL PENDING CHANGE ORDER 0 00 TOTAL THIS CHANGE ORDER 0 00 TOTAL - OF THIS CHANGE ORDER TOTAL C 0 - OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0 00 (Assuming all change orders approved) ACCEPTED BY DATE Contractor's Representative ACCEPTED BY DATE Project Manager REVIEWED BY DATE Title APPROVED BY DATE Title APPROVED BY DATE Purchasing Agent over $30,000 cc City Clerk Contractor Project File Architect Engineer Purchasing Rev 10/20/07 Section 00950 Page 1 NUMBER 1 2 3 OWNER ENGINEER City of Fort Collins CHANGE ORDERS DATE Net Change by Change Order AMOUNT $0 00 --v-a-11 V V I V V APPLICATION FOR PAYMENT PAGE 1 OF 4 PROJECT 6086 Olive Street Concrete Improvements APPLICATION NUMBER APPLICATION DATE PERIOD BEGINNING CONTRACTOR PERIOD ENDING PROJECT NUMBER Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as follows Original Contract Amount Net Change by Change Order Current contract Amount Total Completed and Stored to Date Less Previous Applications Amount Due this Application Before Retamage Less Retamage AMOUNT DUE THIS APPLICATION CERTIFICATION The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14 3 of the General Conditions of the Contract The above Amount Due This Application is requested by the CONTRACTOR Date Payment of the above Amount Due This Application is recommended by the ENGINEER Date By Payment of the above Amount Due This Application has been reviewed by the OWNER S Project Manager Date By Payment of the above Amount Due This Application is approved by the OWNER Kev lurzu/o7 Section 00960 Page 1 $0 00 $0 00 $0 00 CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2OF4 Work Work Work Completed Completed Completed Stored Bid This Previous To Item Month Periods Date Materials Total Unit This Earned Percent Number Description Quantity Units Price Amount Qty Amount Qty Amount Qty Amount Period To Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored Bid This Previous To Item Month Periods Date Materials Total Unit This Earned Percent Number Description Quantity Units Price Amount Qty Amount Qty Amount Qty Amount Period To Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS CHANGE ORDERS $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 PROJECT TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 Section 00960 Page 3 Section 00960 Page 4 2008 OLIVE STREET CONCRETE IMPROVEMENTS GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules OI330 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 12 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 pavement curbs gutters sidewalks alley approaches inlets and pedestrian access ramps on West Olive Street between College Avenue and Mason Street in the City of Fort Collins Specific locations are described in Section 3500 Project Map B Protection and Restoration I Replace to equal or better conditions all items removed and replaced or damaged during constniction 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 m. to 5 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 12 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A Notify private owners of adjacent property utilities ungation 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 Mark Taylor and/or Erika Keeton will be the ENGINEER (Project Engmeer/Manager) Mark Taylor 970 416 2494 Cell 970 231 1405 Enka Keeton 970 221 6605 Cell 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 1 of 17 UTILITIES Water City of Fort Collin Colorado 970 221 6700 Meter Shop 970 221 6759 Storm Sewer City of Fort Collins Colorado 970 221 6700 Sanitary Sewer City of Fort Collins Colorado 970 221 6700 Electrical City of Fort Collins Colorado 970 221 6700 Gas Excel Energy 970 482 5922 970 221 8553 Telephone Qwest 970 484 0300 970 226 6310 Traffic Operations City of Ft Collins Colorado 970 221 6608 Cable Television Comcast 970 493 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 970 221 6581 Emergency 911 Police City of Fort Collins Police Department Non Emergency 970 221 6550 Emergency 911 Postmaster US Postal Service 970 225 4111 Transportation Transfort 970 221 6620 Traffic Engineering 970 221 6608 END OF SECTION General Requirements Page of 17 Lartmer County Sheriffs Department Non Emergency 970 221 7177 Ambulance Poudre Valley Hospital Non Emergency 970 484 1227 Emergency 911 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 be held prior to start of construction 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 Engineer 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 Requirements Page 4 of 17 date for receipt of Bids will be returned unopened Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids 13 3 Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration 13 4 No Bidder may submit more than one Bid Multiple Bids under different names will not be accepted from one firm or association 14 0 MODIFICATION AND WITHDRAWAL OF BIDS 14 1 Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids 14 2 Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids 14 3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders 15 0 OPENINGS OF BIDS Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids 160 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date 17 0 AWARD OF CONTRACT 17 1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER Discrepancies between the indicated sum of any column of figures Rev 10/20/07 Section 00100 Page 6 SECTION 01310 CONSTRUCTION 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 Owner's 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 I I 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 mnor to needme survevine 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 Contractors 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 General Requrernmts 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 Engineer prior 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 submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer s 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 submuttals 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 Engineers mark NO EXCEPTION TAKEN ut the performance of the Work Review status designations listed on Engineers submittal review stamp are defined as follows 1 NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept complies with the information given in the Contract Documents and is acceptable for incorporation in the Work Contractor is to proceed with fabrication or procurement of the items and with related work Copies of the submittal are to be transmitted for final distribution 2 REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineers notations Contractor is to proceed with the Work in accordance with Engineers notations and is to submtt 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 Geneml Requirements Paye 8 of i 7 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 12 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 infomiation effectively B Manufacturers standard drawings schematics and diagrams I 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 '/2 x I I Clearly mark each copy to identify pertinent products and models Individually annotate standard drawings which are furnished cross out items that do not apply describe exactly which parts of the drawing apply to the equipment being 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 2 Revisions on re submittals General Requirements Page 9 of 17 h 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 in such sequence as to cause no delay in the Work or in the work of any other contractor B Minimum number required 1 Shop Drawings a Three (3) copies minimum two (2) copies which will be retained by Engineer 14 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 I Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts END OF SECTION General 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 durmg their preparation or use Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing Products may be sampled either prior to shipment or after being received at the site of the work C Tests shall be made by an accredited testing laboratory selected by the Owner Except as otherwise provided sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM) D Where additional or specified information concerning testing methods sample sizes etc is required such information is included under the applicable sections of the Specifications Any modification of or elaboration on these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures 12 OWNERS 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 CONTRACTORS 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 1 2 above 3 All minimum call out charges or stand by time charges from the tester due to the Contractors failure to pave pour or fill on schedule for any reason except by action of the Engineer B Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing 1 4 CONTRACTOR S QUALITY CONTROL SYSTEM A General The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work including that of his subcontractors to ensure conformance to the functional performance of this project 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 Geneml Requirements Page 1 i of 17 B Superintendence The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work The Superintendent shall have adequate experience to perform the duties of Superintendent C Contractor s quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents Controls shall be adequate to 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 of those instructions These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test nature of defects causes for rejection etc ) proposed or directed remedial action and corrective action taken Document inspections and tests as required by each section of the Specifications Provide copies to Engineer weekly END OF SECTION Generat 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 I Meters may be obtained through the Water Utility Meter Shop at 221 6759 2 Unnecessary waste of water will not be tolerated C Furnish necessary water trucks pipes hoses nozzles and tools and perform all necessary labor 1 2 SANITARY FACILITIES A Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing 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 in 1 2 DUST CONTROL A Dusty materials in piles or in transit shall be covered when necessary to prevent blowing B Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant t Chemical dust suppressant shall not be injurious to existing or future vegetation 1 3 POLLUTION CONTROL A Prevent the pollution of drains and water courses by sanitary wastes concrete sediment debris and other substances resulting from construction activities l 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 drams and culverts 1 4 EROSION CONTROL A Take such measures as are necessary to prevent erosion of sod that night result from construction activities 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 Collins Storm Drainage Erosion Control Manual General Requirements Page 14 of 17 and the correct sum thereof will be resolved in favor of the correct sum 17 2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award 17 3 OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award 17 4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time 17 5 If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER Award shall be made on the evaluated lowest base bid excluding alternates The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules Only one contract will be awarded 17 6 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening 18 0 CONTRACT SECURITY The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security 19 0 SIGNING OF AGREEMENT When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents Rev 10/20/07 Section 00100 Page 7 1 5 TRAFFIC CONTROL A Maintain traffic control in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) the Cityof 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 enteria and the City s criteria the City s criteria shall govern 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 I 1 CLEANING AND RESTORATION A Return the prenuses 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 upset 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 Geneml 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 bring 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 Larimer 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 Removal of Structures and Obstructions 202 Excavation and Embankment 210 Reset Structures 304 Aggregate Base Course 604 Inlets and Culverts 608 & 609 Sidewalks Curb and Gutter Drive Approaches Aprons Crosspans and Concrete Pavement REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby replaced with the following Traffic and parking control will be provided by the City of Fort Collins Parking for Contractor employees will NOT be permitted in the work zone or in the general Downtown vicinity Rooftop Parking Passes for two Downtown parking structures are available for $24/month per vehicle from the City of Fort Collins Parking Services Office The Civic Center structure is located on the southeast corner of Mountain and Mason and the Old Town structure is located on the southeast comer of Remington and Mountain Both are conveniently located new the project All vehicles not required to perform the Work shall obtain a Rooftop Parking Pass or be confined to the limits of the staging area (if applicable) Project Specifications — Page I of 17 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 may be 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 Uhlities Parks Traffic concrete 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 rmmmize 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 imcleaned after the completion of the days work It shall be the Contractors responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area Project Specifications— Page 2 of 17 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 Owners 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 3 of 17 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 Contractors responsibility pursuant thereto to ascertain the location of such underground improvements which may be 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 mimmum 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 4 of 17 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 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 Pmiect Specifications— Page 5 of 17 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 108 of the Standard Specifications is hereby revised as follows SCHEDULE Subsection 108 03 shall include the following A schedule of work must accompany any bid and shall include number of working days to complete all unit work items covered by the contract A vicinity map is included in Section 03500 Project Maps The schedule should take any priorities into consideration The schedule should also include projected start and end dates 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 OCT NOV DEC 11 West Olive Street will be closed to all traffic for 7 days only for placement and cure of concrete pavement Estimated schedule for paving is March 31 through April 6 All work shall be completed between March 1 2008 and April 30 2008 The City of Fort Collins is committed to maintaining a positive working relationship with the businesses and residents of the downtown area Every effort will be made to maintain pedestrian flow and to accommodate special events and high volume holidays for businesses pedestrians parking and vehicle traffic Contractor shall be responsible for communicating accurate scheduling information to the project team to assure proper notification of businesses and residents DETERMINATION AND EXTENSION OF TIME Subsection 108 07 shall include the following Work hours shall be 7 00 a in to 5 00 p in Monday through Friday or as approved by the Engineer Work shall commence no earlier than March 1 2008 and shall be substantially complete on or before April 30 2008 All Work is to be completed in twenty five (25) working days Project Specifications — Page 6 of 17 to OWNER with the required Bonds Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification 20 0 TAXES OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work Said taxes shall not be included in the Contract Price Reference is made to the General and Supplementary Conditions 21 0 RETAINAGE Provisions concerning retainage are set forth in the Agreement 22 0 PURCHASING RESTRICTIONS Purchasing restrictions The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office A Cement Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 23 0 COLLUSIVE OR SHAM BIDS Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid 24 0 BID RESULTS For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening END OF SECTION Rev 10/20/07 Section 00100 Page 8 REVISION OF SECTION 201 CLEARING AND GRUBBING 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 twenty five (25) 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 pries of the Contractor from any monies due the Contractor in lieu of liquidated damages Project Specifications— Page 7 of 17 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 the full depth of the existing concrete slab or 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/inch Sawcuttmg shall be paid for only in connection with concrete removal For all other types of work including control joints sawcutting 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 Sawcut Concrete Pavement — Per Inch Depth LF/Inch The above pries and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in Sawcutting including cleanup as specified in these specifications as shown on the plans and as directed by the Engineer Project Specifications— Page 8 of 17 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 subgradetbase 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 limits 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 Project Specifications— Page 9 of 17 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Borrow material shall meet the grading requirement for Class I (Pit Run) or Class 5 (Road Base) Aggregate Base Course (The Class I 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 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 is revised to 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 fail 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 203 01 General Excavation 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 Embankment 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 Protect Specifications— Page 10 of 17 REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised as follows CONSTRUCTION REQUIREMENTS Subsection 210 10 is revised to include the following Manholes valve boxes meter boxes and all other similar structures located in a pavement shall be adjusted as noted below Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay the Contractor shall mark on the curb and gutter with paint the location of all existing structures These markings shall be maintained by the Contractor until the work has been completed and accepted by the Engineer The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work Contractor shall verify that manholes and valve boxes can be adjusted prior to construction All structures shall be adjusted to be 1/8 to 5/8 below the pavement Valve boxes shall be adjusted by removing the existing pavement (concrete or asphalt) and adjusting the valve by turning it to the proper grade This item will be measured and paid for separately under Adjust Valve Box not including bituminous/concrete material The Contractor shall exercise reasonable care while attempting to adjust the valve boxes If the Contractor is negligent and breaks the valve box said valve box shall be replaced at the Contractors expense Manholes shall be adjusted by removing an area of pavement (concrete or asphalt) with a minimum diameter one foot (1) larger than the structure (centered on the structure) by cutting vertical edges adjusting the manhole by grouting concrete rings and/or utilizing metal shims to raise the structure to the proper grade This item will be paid for under Adjust Manhole not including bituminous/concrete material When the manhole adjustment is complete the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions Any manhole cover which is unstable or noisy under traffic shall be replaced by the Contractor The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes valve boxes or other structures during the construction process In the event that a structure was not properly adjusted (i a too high or too low) written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days In the event that the structure is not adjusted within said time frame the Engineer shall have the right to engage a third party to complete the work and to withhold the cost of such work from payments due the Contractor The Engineer will also notify the Contractor in writing of any structures that were covered during the paving operation The Contractor shall then have five (5) working days to make said structure accessible or will be subject to the constraints of the previous paragraph with respect to a third party completing the work Project Specifications — Page I of 17 REVISION OF SECTION 210 RESET STRUCTURES METHOD OF MEASUREMENT Subsection 210 12 shall include the following The accepted quantities of Adjust Manholes Valve Boxes and Meter Boxes will be paid for at the contract unit price per each Non shrink backfill concrete haul and disposal will not be measured and paid for separately but shall be included in the contract unit price for each type of adjustment BASIS OF PAYMENT Subsection 210 13 shall include the following Payment will be made under Pay Item Pay Unit 21001 Adjust Valve Box Each 210 02 Adjust Manhole Each The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the work involved in adjusting structures complete in place including non shrink backfill concrete haul and disposal as shown on the plans as specified in these specifications and as directed by the Engineer Project Specifications— Page 12 of 17 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 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 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 Project Specifications— Page 13 of 17 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 Modified Type 13 Combination Inlets 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 Expansionloint 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 1 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 Expansion and caulking shall be paid as Expansion and Caulking by the lineal foot METHOD OF MEASUREMENT Subsection 604 06 is revised to include the following Modified Type 13 Curb Inlet shall be paid per mlet installed and shall include all reinforcement frame vaned grate and adjustable curb bonnet (Deeter #2502 L or approved equal) Excavation for inlets will be provided by the City of Fort Collins BASIS OF PAYMENT Subsection 604 07 is revised to include the following Payment will be made under Pay Item 604 04 Modified Type 13 Curb Inlet Unit Each 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 all reinforcement frames and grates complete in place as specified in these specifications as shown on the plans and as directed by the Engineer Project Specifications— Page 14 of 17 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 Latimer County Urban Area Street Standards October 2002 except as noted herein DESCRIPTION This work consists of the construction of concrete pavement sidewalks curb and gutter alley approaches aprons crosspans and curb ramps in accordance with these specifications and in conformity with the Imes 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/II 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 of 4000 psi and a minimum 48 hour compressive strength of 3000 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 II Class B The application rate for curing compound shall be 150 sq It /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 of existing concrete as directed by the Engineer 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 The finished exposed surface and edging of the concrete will match as closely as possible the surface treatment of the surrounding existing concrete Protect Specifications — Page 15 of 17 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES APRONS, CROSSPANS AND CONCRETE PAVEMENT 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 except expansion 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 expansion Joints and Joints along existing curb and gutter in accordance with the detail for "Concrete Pavement Joints contained herein In addition, dowels shall be 16" smooth #5 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 Steel for all Joint types shall be included in the contract unit price for Concrete Pavement 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 All construction Joints for crosspans and/or aprons adjacent to new or existing concrete 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 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 ram flowing water mechanical injury pedestrian and vehicular traffic and Contractor's equipment for a mimmum 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 A Concrete Washout Structure is required as described in Section 208 of the Standard Specifications Project Specifications —Page 16 of 17 SECTION 00300 BID FORM REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES APRONS, CROSSPANS, AND CONCRETE PAVEMENT METHOD OF MEASUREMENT Sawcutting shall be paid for only in connection with concrete removal For all other types of work, sawcuttmg 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 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 drams mid block ramps radius points at intersections and other fixed objects 1 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 edgmg tool and sealed in accordance with CDOT Section 412 18 This item will be paid as Expansion and Caulking by the lineal foot BASIS OF PAYMENT Payment will be made under Pay Item Unit 60801 Remove Concrete SF 60802 Remove Concrete Curb & Gutter LF 60803 Vertical Curb and Gutter LF 60804 Highback Curb and Gutter LF 60805 Concrete Pavement 8 SF 60806 Pedestrian Access Ramp SF 60807 Truncated Dome Panel SF 60808 Flatwork 6 SF 60809 Alley Approach 8 SF 608 10 Expansion & Caulking LF 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 haul and disposal as shown on the plans as specified in these specifications and as directed by the Engineer Project SpeediicniDns— Page 17 of 17 SECTION 03000 DETAILS INDEX Curb and Gutter 701 Curb Gutter and Sidewalk D 6 Standard Driveway Approach (I & II) 706 Standard Driveway Approach (1I1 & IV) 707 Modified Type 13 Inlet Alley Intersections 803 Standard Manhole Cover 1201 Standard Sidewalk 1601 Sidewalk Detail 1602 Access Ramp Details I603 Detached Walk/Intersection Detail I604 Detached Walk linersection Detail 1605 Pedestrian Ramp Detail 1606 Residential Local Street Access Ramps 1606(a) Truncated Dome Warning for Access Ramps 1607 Concrete Pavement Joints M 412 1 7 2-6 6 1 1/2R 41/2 N 2R Gutter edge may be _ro tapered or battered a (Typical for all Curb & & Gutter Types) co VERTICAL 30 L16 12 4 5 21 75 375 R05 363 2 b 013 a 9 ° a a a 7 - a a a a ROLL-OVER (LOVELAND) CURB AND GUTTER LARIMER COUNTY CONSTRUCTION REVISION NO 1 DRAWING URBAN AREA DRAWINGS STREET STANDARDS DATE 03/01/02 701 w .. r LIMITS OF C @ G A z 14 IN —.1 17 IN 3 FT 9 IN Zn (117 Ft rc� I \ (I 42 FT) (375 FT) n � t 1/2 IN — FLOW 1 I LINE s IN D D T IS IN 1 1_ 0 6IN dpF I4 3n a e D gg I�e� (i 5 GT )�1 41FT ) DRIVE -OVER CURB GUTTER AND SIDEWALK 2 FT 6 IN 6 IN — MERE WALK ADJOINS A CURB IT SHALL BE CONSTRUCTED 1/4 INCH ABOVE THE CURB 4i 4 1/2 IN SLOPE SIDEWALK TO CURB - 1 1/2 IN 1/4 IN 1N TO FT 21� 11/21N R 41rJ --� 21N R 6 IN e 61NF D 4 FT MIN -_I{ a D D 12 IN a � VERTICAL 6 IN CURB GUTTER AND SIDEWALK EDGED SURFACE I/8 IN R 3/4 IN MIN 4 43 FT 1 18 FT 58 FT 2 67 FT 09 FT f�/8 IN 30 FT 11 FT `r 4 IN 0 D a 5� DUMMY JOINT � D I WALKS a6�NFOR D COMBINATION CURB GUTTER AND SIDEWALK HOLLYWOOD (OBSOLETE - FOR REPLACEMENT ONLY) CURB, GUTTER AND SIDEWALK DETAILS CITY OF FORT COLLINS STORMWATER APPROVED FDETAIL DATE ((/13/O0 Ef UTILITIES CONSTRUCTION DETAILS 6 DRAWN BY NBJ I PERSPECTIVE Ramp if necessary\ Right of Way line \ 1 12 max *Z12max 0 N T--- TYPE I x=2 min 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 Type 11 = With Attached Sidewalk `er to Chapter 25 for minimum removal dimensions W = Width A BI I E Y W W W N X I W y 1.1, E Attached N i Sidewalk N J 12 max I Back of curb I--1 A I--B Driveway Width Varies I x=6 o TYPE II w 3 EXPANSION Z J tl— 112 max °m 01Nr 3 L 124 N • � T WALK SECTION B—B NOTE a NTS 0 WALK Y 1 Concrete driveway must be a provided to the property line 0 1 48 SL m 1/4 POPEER FT T 1 12 max Expansion joint if drive WALK SECTION A —A continues as concrete NITS STANDARD DRIVEWAY APPROACH (TYPES I & II) LARIMER COUNTY CONSTRUCTION REVISION NO 2 DRAWING URBAN AREA DRAWINGS STREET STANDARDS DATE 04/01/07 706 Flare Optional (FC Only ROW Curb Detached ;112: Sidewalk TYPE III DETACHED WALK Driveway Sion Joint v N_ X E See Note 6 r� E See No[e 4 See Note 3 is 1 48 SLOPE pp 1/4 PER FT 1 12 mat •L it WALK SECTIONS A -A & B-B NOTES NTS U 1 6 wide pan for residential streets 2 All intersections to have access ramps 3 6 Curb Height 4 0 Curb Height 5 All of these pedestrian improvements must be in ROW or a pedestrian or public access easement 6 Truncated Dome Warning Detection Driveway See Note See Note 4 See Note 5 Ramp if walk continues on private property Curb to retain Landscape if Necessary Sidewalk See Note Gi 3 TYPE IV ATTACHED WALK DRIVEWAY WIDTHS CLASSIFICATION APPROACH MINIMUM MAXIMUM TYPE WIDTH WIDTH RESIDENTIAL Single Family I or II 12 24 Multi Family 0 1 II III or IV 24 36 Commercial 1 11 III or IV 24 36 # Industrial 24 36 • High volume driveways (Type III or N) allowed for 350 or greater trip ends/day *30 maximum for 3 car garages **No single opening shall exceed 36 Wider driveways shall be divided w/o median not less than 6 wide 1 23 t/4 22 3/8 ADJ B I 11/76 TYPI I I r2 rs TO 12 1/2 —I—t 3/4 T1P �-- 20 t/2 ,� 6 — 28 1 12 38 I/2 NOTE t TOTAL OPEN AREA IS 336 SWARE INCHES QO A 5 NOTES TRANS _ � 24 — GROUT 4 3 —3 RAIL EMBEO EQUAL ~ N LENGTH IN O FLANGE BOTH WALLS 14 ® 12 NOTE 5 r .LL !H[ /! wr[rs SIGI[ K LQvflFK/[O wlX .x .PNSI,YL[ CwAr IDX t gKNw/Lw�[o iawa.xo m'r a at[r[s rw.wavr /plpy nur cuurr cw un 9Y A/E LAW Wf[R � M NANO W 1[ IY bIK.P Y4M�.CIW'[AS wa! K .IMiIOKO a rsmu .rerurtivc wro wxKur Kcnw . wxwr K rs wrK ,w snnwx a ro K n.cm rwoc .enrawrnw xro rur wu w• wrs� Kr.vu cuv rear e � ir�nr �d'vwr. K nar w It.rr mrnra wu[35 onmwsr .unmtto a wrsr sus .ar ro K srtsra rwwr vucr racer a[ .� 8 F----- 30 8 IL 5 iff PLANS 8 1 3 Alley Concrete Border Drive Over or Vertical Curb & Gutter \ ROW 10X10 10X10 SIGHT Construction Joint SIGHT Curb AREA AREA 0 Curb I� o Walk 1 12 I 8 minimum thick �1, �� concrete Walk 0 Curb NI Truncated Dome Parkway g 6 Curb Vertcal Parkway Warning Detection — — _ — — \ 6 Curb FL-"'6 Curb STREET Truncated Dome Warning Detection ALLEY W/ SIDE DRAINAGE Drainage May Cross the Walk Up to a Maximum of 0 5 cfs for the Design 2 Year Storm Alley I1 Concrete i i Alley Drainage Inlet or Other Drainage Collection ROW System shall be designed (TYP) = for 2 year storm minimum 10X10 SIGHT / } \ \ AREA p,REAI o -- 11 2� 0 8 minimum thick Walk 4_P4 concrete I Walk 0 Curb ^I 0 Curb Parkway 12 Parkway Warning 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 IAARIMER COUNTY CONSTRUCTION REVISION NO 2 DRAWING URBAN AREA DRAWINGS STREET STANDARDS DATE 04/01/07 803 Final asphalt lift overlay or grade adjustment Existing base course Support with Steel Shims and pack with High Strength Grout Depress ring 1/4 to 5/8 below adjacent finished street grade Slope up to match finished pavement Straight cut around ring Cover Concrete grade ring to match slope or finished grade Shim / Grout Grade ring _ Manhole 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 LARIMER COUNTY CONSTRUCTION REVISION NO DRAWING URBAN AREA DRAWINGS STREET STANDARDS I I DATE 08/07,00 1201 Driveway A Detached Sidewalk Sdewalk A L I Attached Sidewalk TC 3 p fi 0 Mln F L LIP 8 Commercial 6 Resdemal 12 Expansion Joint Matenal 1/2Expansion Joint Matenal DETACHED ATTACHED 6 SIDEWALK DRIVEWAY SIDEWALK SECTION A -A All Sidewalk Thickness Shall Be 6 minimum NOTE i Sidewalk grade shall remain consistent across driveway 2 For driveway design requvements see CONST Di 708 & 707 3 This detail applies to Rasldential &Commercial Hnveways STANDARD SIDEWALK LACOUNTY URBAN CONSTRUCTION REVISION NO 1 DRAWING URBAN AREA DRAWINGS STREET STANDARDS DATE 04/01/07 1601 SECTION 00300 BID FORM PROJECT 6086 Olive Street Concrete Improvements Place March 5th, 2008 Date 1 In compliance with your Invitation to Bid dated February 12 _ 2008 and subject to all conditions thereof, the undersigned a (Corporation) or ) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules 2 The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement the detailed Specifications and the Drawings pertaining to the Work to be done all of which have been examined by the undersigned 3 Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of Six Thousand, Eight Hundred Sixteen Dollars and 43/100 ($ 6,816 43 ) in accordance with the Invitation To Bid and Instructions to Bidders 4 The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows Union Insurance Co 5 All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list 6 Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents 7 The undersigned Bidder hereby acknowledges receipt of Addenda No through No addenda received 8 BID SCHEDULE (Base Bid) Rev 10/20/07 Section 00300 Page 1 ° ° — Slope sidewalk e NOTE Construct sidewalk with joints at 10 Intervals and aligned with scoring on curb ° ATTACHED SIDEWALK DETAIL r Landscaping Slope Mlnumum i/tt Mawmum,3 /ft Slope sidewalk to curb 1/4 DETACHED SIDEWALK DETAIL R 1 /8 1 /4 SLAB THICKNASS a 1 /4A I ° e ° ° b WEAKENED PLANE JOINT 2 mIn ° 12 Expansion Joint material R1/4 1/4 J y ° ° a 2 ° ° ° INSTALL IN LOCATIONS SPECfFIED ° IN CHAPTER 22 EXPANSION JOINT SIDEWALK DETAIL LARIMER COUNTY CONSTRUCTION REVISION NO 2 URBAN AREA DRAWINGS STREET STANDARDS DATE 04/01/07 d DRAWING 1602 AM ■ Curb to retain ground behind the walk if needed � Walk Curb Gutter 2 (Radius varies) Transition back of walk (typ) Wood float finish thru ramp Broom finish Wood float finish thru ramp Walk Broom finish Curb Gutter CORNER LOCATION IN I 6 1 6 I 6 r" (min (min) �1 MID -BLOCK LOCATION F- 0 0 m Truncated Dome Warning Detection Curb (optional) / Only if needed rTransition back of walk (typ ) Broom finish Truncated Dome Warning Detection at the corners of the truncated dome warning 2 0 6 truncated dome waming detection c 1 25** slope (max) o LL a 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 a LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO 1 DRAWING URBAN DRAWINGS STREET STANDARDS DATE 04/01/07 1603 ARTERIAL (7ROW e ARTERIAL / COLLECTOR 2 J Q cr R=6 H cr ys 9\ P°10 J Q cc ROW Line 0 6 10 5 (min) Q 16 5 ARTERIAL / ARTERIAL ARTERIAL / COLLECTOR For Corner Radius > 35' DETACHED WALK / INTERSECTION DETAIL LARIMER COUNTY CONSTRUCTION REVISION NO DRAWING URBAN AREA 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 IARIMER COUNTY CONSTRUCTION REVISION NO 2 URBAN AREA DRAWINGS STREET STANDARDS I DATE 04/01/07 DRAWING 1605 1S TRANSITIONS 05 TYP\ /15 TRANSITION A )000600 O 1° o°o°o o CURB 0 0 o Floree Optmn w W W + Tm-coteo Dome W Wornng Detection FLARE OPTIOtt V ooc 'o o° Troncotee Dpme 4 MW I >O 0c 0 0 < Wornmg Detection t 1l Mox O >O 00C 6 CURB ;o ooc 0 CURB a o° 0 of — CURB OPTION = I CURB t-6 0 oe W W I W 1 $5 slope (mox ) FL ' '=E MAX FLONi.WE STANDARD CRAP CONC ETE ` B� LIP OF GUTTER RAMP WITH PARTIALLY COLORED CONCRETE PLAN VIEW SECTION A -A NTS. NTS NOTES T 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 OF 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) ;DESTRIAN RAMP DETAIL (For New Const & Alterations LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO i DRAWING STREET STANDARDS I DRAWINGS IDATE 04/O1/07 1606 FORT COLLINS ONLY z 3 o NJemgpig 0000 O � y � 3 iww ai 3 a a`m o o c ti g? - 'c t1 N0000 x- vo a 3 3 < <O U U N N O O m m O _ _ 0 - 0 U y - ¢ Ma VJ N 6 F O y p NW iz t o dg 3�cw cn w_ n a=i ao p11 5 a n 6 _ y .J U G o y RESIDENTIAL LOCAL STREET ACCESS RAMPS LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO DRAWING STREET STANDARDS DRAWINGSDATE 04/01/07 16 0 6(a FORT COLLINS ONLY E wee U 6 = -6 c _N m LL U UULL } �g_ +N + OC QC 2 = L O Vanes m Ny 00b( -O NNNNN c d o Ec:) E �n000 0 0 c 2 )IO M (O of ZIH N N d 5 00 be N O cv cep- �p N J7 U LL � _ c o o E g E c o m e— gy m _ m � a •-+ Wao c c B 5 d o 3 == v p rn Eco �Ea 000�Q96d A a= m m E Boa Irc ) 9-O O ¢ o O O,�p U N 2I^ JY�00 look ✓ o Van s -)o ) c Z E C) 0 � � N )v E E _ �LL U3 `m c d U m a i o C 6] p �d0 1Z013, lVariesc),t) dL.i l b �t anljmojj O�� ) que qmo 01 i u)� coa =`o o. LL CD Q TRUNCATED DOME WARNING FOR ACCESS RAMPS LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO DRAWING DRAWINGS STREET STANDARDS DATE 04/01/07 1607 9 31 1 tl 6 J �60 W i NMI No Text No Text Item No Description Unit Contract Quantity Contract Cost Unit Price Total 20201 Sawcut Concrete Pavement Per Inch Depth LF/ INCH 800 $ 87 $ 696 00 20301 General Excavation CY 25 $ 30 00 $ 750 00 20302 Borrow TON 100 $ 18 00 $ 1800 00 20801 Concrete Washout Structure EA 1 $ 400 00 $ 400 00 21001 Adjust Valve Box EA 2 $ 295 00 $ 590 00 21002 Adjust Manhole EA 2 $ 395 00 $ 790 00 30401 Aggregate Base Course TON 225 $ 16 70 $ 3757 50 60404 Modified Type 13 Curb Inlet EA 8 $2900 00 $ 23200 00 60801 Remove Concrete SF 250 $ 3 00 $ 750 00 60802 Remove Concrete Curb and Gutter LF 300 $ 10 00 $ 3000 00 60803 Vertical Curb & Gutter LF 50 $ 10 38 $ 519 00 60804 Highback Curb & Gutter LF 400 $ 10 43 $ 4172 00 60805 Pedestrian Access Ramp SF 150 $ 4 93 $ 739 50 60806 Truncated Dome Panel SF 16 $ 32 00 $ 512 00 60807 Flatwork 6 SF 250 $ 4 61 $ 1152 50 60808 Concrete Pavement 8 SF 19250 $ 4 24 $ 81620 00 60809 Alley Approach 8 SF 1000 $ 4 38 $ 4380 00 60810 Expansion & Caulking LF 200 $ 17 50 $ 3500 00 62601 Mobilization Lump Sum 1 $4000 00 $ 4000 00 TOTAL COST $ 136,328 50 One -Hundred Thirty -Six Thousand, Three Dollars Hundred Twenty -Eight and Fifty Cents In Words PRICES Rev 10/20/07 Section 00300 Page 2 \ / - a. } - 3 .« \ �� } ! §; / ||k g! 64 �; H �© J; i s a Do 1 O — g \ z a \, WIPPY] No Text zom IUA1 5 z 30 P/ [ w�W "'seiao zm I 4992 00 499200 CRATE/FL 499200� GRATE771- GRA1F/R - - - me y+i � Aa s�� a wnuuo d .rz mmw m m 4 0% .} 0% 4992 20 499235 INLET A \ GRADE BREAK/FL sd GRADE BREAK/FL \ OLIVE STREET p� dl yq� w 1 Y wum w w1�I mw 1} uv .«off s<a see .crow nzl wm wIM c iw v r ouss » a I 499193 495183 GRADE BREAK/FL GRADE BR[k/FL ' 499163 1499111 GRADE BPEAY/FL IPLR/�L 1 07 \q\9` 4991 61 PCR/FL 4992 00 499156 4991 "FS 494t9� -� RAMP/CL RAMP/FI PAMP/FL R14P1fL r-. m �0 8% 1 4% 499120 499145 499110 m w� GRATE/FL GRADE BREAK yF GRATE/FL .a roo- cq�c .� 1zs% m m INLET C �rz i u 499120 499110 wa m:" m GRATE/FL INLET B a 357 GRATE/FL .� aew w"'"1°,,,c' " cmrs u c[z rx > 499I2 n M 499120 �2 57 FRADE BRLAK FL m GRATE/FL I I 'y IA GRA DES BREAK F Ll h7 INLET PROFILES ]( ALE 1 -20 h7 SCALE (H) 1 -20 SCALE (V) 1 =5 GTY OF FORT COLLN3 onTE ��������\J l OIIVE STi@T 6 IM9 3T OCT 07 EIYGIhEERIIYG IhC $T0 g CD T$ NET UTFAPL9 A!D ROAD OETAI.$ S.EET wwoe m oel-wa mi _ 9 The foregoing prices shall include all labor materials, transportation shoring removal, dewatering overhead profit, insurance, etc to cover the complete Work in place of the several kinds called for Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price RESPECTFULLY SUBMITTED Thoutt Bros Concrete Contractors, Inc CONTRACTOR By Audrey L Thoutt Title r p. G N/A License Number (If Applicable) (Sell--sa(fId Oy cor ration) mt Att,eS Address 5460 Tennyson St Denver, CO 80212 Telephone (303) 458-1298 Email dor@thouttbrosinc cam Check One Individual Doing Business in Company Name Corporation Partnership March 5th, 2008 Date Rev 10/20/07 Section 00300 Page 3 UNION INSURANCE COMPANY Lincoln, Nebraska BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we Thoutt Bros Concrete Contractors, Inc Denver CO (hereinafter called "Principal'), as Principal, and the UNION INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nebraska with principal office in the City of Lincoln Nebraska (hereinafter called Surety ) and licensed to do business in the State of Colorado as Surety are held and firmly bound unto City of Ft Collins 215 N Main St, Ft Collins, CO 80522 (hereinafter called Obligee ) in the penal sum of FIVE PER CENT (5%) OF THE AMOUNT OF THE BID--- --- lawful money of the United States for the payment of which sum well and truly to be made we bmd ourselves, our heirs executors administrators, successors and assigns THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid, dated March 5th 2008 for Olive St Concrete Improvements NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified, or if no time is specified within thirty days after the date of said award, or if the Principal shall in the case of failure so to do indemnify the Obligee against any loss the Obligee may suffer directly ansing by reason of such failure not exceeding the penalty of this bond then this obligation shall be null and void otherwise to remain in full force and vutue Signed Sealed and Dated 21 st of February 2008 Barbara J Arnold ete Contractors Inc (Principal) No 21 005 a POWER OF ATTORNEY UNION INSURANCE COMPANY Lincoln, Nebraska NOTICE The warning found elsewhere In this Power of Attorney affects the validity thereof Please review carefully ll KNOW ALL MEN BY THESE PRESENTS that the UNION INSURANCE COMPANY a corporation of the State of Nebraska having its principal offices in the City of Lincoln Nebraska does hereby make constitute and appoint William H Arnold or Barbara J Arnold of Littleton CO Its true and lawful Attorney in Fact with the power and authority hereby conferred to sign execute acknowledge and deliver for and on its behalf as surety any and all bonds recognizances stipulations and undertakings excluding however any bonds or undertakings guaranteeing payment of loans notes or the Interest thereon provided however no single obligation will exceed One Million Five Hundred Thousand and No/100 ($1 500 000 00) Dollars and the execution of such bonds or undertakings in pursuance of these presents shall be as binding upon the said corporation as fully ,I and amply to all intents and purposes as if they had been duly executed and acknowledged by the regularly elected officers of the said corporation at its office in Lincoln Nebraska In their own proper persons The UNION INSURANCE COMPANY further certifies that this Power of Attorney is granted and is executed and sealed under and by authority of the following resolutions adopted by the Board of Directors of the Union Insurance Company on April 15 24002 RESOLVED that any officer bond manager or branch manager may appoint attorneys in fad or agents wtth authority as defined or limited in the instrument evidencing the appointment in each case for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds and related obligatory certificates and documents and any one of said officers bond managers or branch managers may remove any such attorney in fact or agent and revoke any power of attorney previously granted to such person whether or not such officer bond manager or branch manager appointed the attorney in fad or agent and further � I RESOLVED that any bonds and related obligatory certificates and documents shall be valid and binding upon the Company a) when signed by any officer bond manager or branch manager and sealed with the Company seal or b) when duly executed and sealed with the Company seal by one or more attomeys-in fad or agents pursuant to and within the limits of authority evidenced by the power of attorney issued by the Company to such person or persons a certified copy of which power of attorney must be attached thereto in order for such obligation to be binding upon the Company and further II RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bonds and related obligatory certificates and documents of the Company and such signature and seal then so used shall have the same force and effect as though manually affixed In Witness Whereof UNION INSURANCE COMPANY has caused its corporate seal to be hereunto affixed and these presents to be II duly executed by its Regional Vice President this 29th day of June 2006 UNION INSURANCE COMPANY OeSE- vq'[ By Michael L Anania Regional Vice President WARNING THIS POWER INVALID /F NOT PRINTED ON BLUE BACKGROUND WITH RED AND BLUE BORDER STATE OF NEBRASKA) ss i LANCASTER COUNTY) On this day before the undersigned a Notary Public in and for said County and State personally came the above named officer of the UNION INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument and they acknowledged the execution of said instrument to be the voluntary act and deed of the UNION INSURANCE COMPANY and his voluntary act and deed as an officer of said corporation and that the seal of said corporation was affixed to said instrument by the II authority and direction of sold corporation Witness my hand and my Notarial Seal at Lincoln Lancaster County Nebraska the day and year last written above ( 6E�NLlpTARY-&lleetMebala II NWVCYdN�N1W�t �� %��/%1Q2.e-� OonIIa.9 Fib.E4.200! Notary Public j CERTIFICATE I the undersigned Assistant Secretary of UNION INSURANCE COMPANY do hereby certify that the original Power of Attorney of which the foregoing is full true and correct copy is in full force and effect In witness whereof I have �jereu to subscribed my name as Assistant 5ecretary and affixed the corporate seal of the corporation this day of , AT te. $SEAL¢ Form #PA E Assistant Secretary SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive This statement must be notarized If necessary, questions may be answered on separate attached sheets The Bidder may submit any additional information he desires 1 Name of Bidder Thoutt Bros Concrete Contractors 2 Permanent main office address 5460 Tennyson St Denver, CO 80212 3 when organized 1961 4 If a corporation, where incorporated Colorado 5 How many years have you been engaged in the contracting business under your present firm or trade names 47 Years 6 Contracts on hand (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion ) Please see attachment 7 General character of Work performed by your company Concrete Flatwork 8 Have you ever failed to complete any Work awarded to you? No If so where and why? Have your ever defaulted on a contracts No If so, where and whyP 10 Are you debarred by any government agency) No If yes list agency name Rev 10/20107 Section 00420 Page 1 11 List the more important projects recently completed by your company, stating the approximate cost of each location and type of construction Please see attachment and the month and year completed 12 List your major equipment available for Please see attachment this contract 13 Experience in construction Work similar project Please see attachment in importance to this 14 Background and experience of the principal including officers Please see attachment members of your organization 15 16 17 Credit available $ No Credit Line Bank reference Brady Bird - Chase Bank (303) Will you upon request fill out a furnish any other information that Yes 244-5464 detailed financial statement and may be required by the OWNER 18 Are you licensed as a General CONTRACTOR'S No If yes in what city county and state' What class license and numbers9 19 Do you anticipate subcontracting Contract') No If yes, what percent of total contract's and to whom? Work under this 20 Are any lawsuits pending against you or your firm at this time? IF yes DETAIL Rev 10/20/07 Section 00420 Page 2 21 What are the limits of your public liability? DETAIL Please see attachment What company? 22 What are your company's bonding limitations"$2 Million Simla / $15 Million Aggregate 23 The undersigned corporation to verification of Qualifications Dated at 3 00 PM State of Colorado County of Adams hereby authorizes and requests any person, firm or furnish any information requested by the OWNER in the recital comprising this Statement of Bidders this 4th day of March Rail.] atS\Iq z Y O �/'� ✓ lV sn G t � � Audrey L Thoutt being duly sworn deposes and says that he is President of Thoutt Bros Concrete and that (name of organization) Contractors, Inc the answers to the foregoing questions and all statements therein contained are true and correct Subscribed and sworn tq before me this 4th day of March 2008 otary Public My commission expires —/% o)C, / Rev 10/20/07 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract ITEM No subcontractors utilized for ject SUBCONTRACTOR Section 00430 Page 1 THOUTT BROS DUTIES As of October 31, 2007 AUDREY L THOUTT - President - Active employee of Thoutt Bros Concrete Contractors Inc since 1961 Her average work schedule is 60 hours per week Job duties include Opens all mail first Reconciles banks - - - - - General ledger adjusting entries Check register Bills all flat work billing General ledger insurance Work comp insurance Accounts payable Oversees cash flow Pays all notes on equipment Assists on contracts 2 Quarter reports Income tax deposits DONALD E THOUTT - Secretary of Corporation - Active employee of Thoutt Bros Concrete Contractors Inc since 1983 Ills average work schedule is 60 hours per week Job duties include Purchasing Acting as head estimator Contract management All legal matters from construction and employees Head of accounts receivable for government Commercial Parks and Recreation and land development Oversees all operations MATTHEW E THOUTT - Treasurer - Active employee of Thoutt Bros Concrete Contractors Inc since 1990 His average work schedule is 60 hours per week Job duties include Payroll Human Resources IT Health/Dental Insurance Profit Sharing Assist in Accounting Workers Compensation Warranty Prevailing Wage JANICE L LAWRENCE - Vice President of Office Management — Active employee of Thoutt Bros Concrete Contractors Inc since 1977 Her average work schedule is 60 hours per week Job duties include Accounts payable specifically concrete, asphalt and rock Collections Manages telephones and cell phones for the company Manages E-470 Tax exempt certificatesE)i specific_jobs- Maintains and records board of director meeting KEITH A THOUTT - Vice President of Safety and Scheduling — Active employee of Thoutt Bros Concrete Contractors hic since 1982 Her average work schedule is 60 hours per week Job duties include review Work with safety manager on setting safety policies Review safety inspections with safety manager Conduct bi weekly meetings with individual project manager's to review job status, plans, to order material and to schedule jobs Conduct bi weekly meeting will all project managers together to work on scheduling and manpower for each job Talk with project manager's to order concrete for the next days pours Schedule manpower for crews (moving guys to different crews and hiring new personal) TODD T THOUTT - Vice President of Estimating - Active employee of Thoutt Bros Concrete Contractors Inc since 1984 Her average work schedule is 60 hours per week Job duties include Taking off and keeping track of bids Plans and change orders Over seeing of mix designs and locates CARL J THOUTT - Vice President of Support Operations — Active employee of Thoutt Bros Concrete Contractors Inc since 2003 His average work schedule is 60 hours per week Job duties include Concrete dispatch Fleet and support crew management Help with equipment management Thoutt Bros Concrete Contr Inc VEHICLE BY # (Including Vin#,LicPlate,Emp) Jan, 2008 EQUIPMEN T Equipment CODE Description 1 2003 Chevrolet Trailblazer 2 1998 CHEVY PU 3/4 TON 3 1998 Chevrolet 3/4 ton Pick Up 4 2007 Acadia 5 2003 Chevrolet Impala Seden 6 2007 Acadia 7 1995 Chevrolet 1/2 ton Pick Up 8 2003 Chevrolet Impala Sedan 9 1997 Chevrolet 1/2 ton Pick Up 10 2005 Chevrolet 1/2 ton Pick Up 11 1997 Chevrolet 1/2 ton Pick Up 12 1997 Chevrolet 1/2 ton Pick Up 13 1998 Chevrolet 1/2 ton Pick Up 14 1998 Chevrolet 1/2 ton Pick Up 15 1998 Chevrolet 1/2 ton Pick Up 16 1991 Chevrolet PU 17 1999 Chevrolet CC15903 Pick Up 18 1996 Chevrolet Pick Up 19 1999 Chevrolet 1/2 ton Pick Up 20 2005 Chevrolet 1 ton Dually Pi 21 2004 Chevrolet 1/2 ton Pick Up 22 2005 Chevrolet 3/4 ton Pick Up 23 2003 Peterbuilt Rock Dump Trac 24 1988 International Bed Truck 25 2000 Chevrolet 1 ton Pick Up 26 2005 Chevrolet 1/2 ton Pick Up 27 2005 Chevrolet 1/2 ton Pick Up 28 2003 Chevrolet 1/2 ton Pick Up 29 2004 Chevrolet 1/2 ton Pick Up 30 2008 GMC CANYON 31 2005 Chevrolet 1/2 ton Pick Up 32 1999 Chevrolet Pick Up 33 2001 Chevrolet 1 ton Pick Up 34 2008 GMC Canyon 35 12002 Chevrolet Avalanche 36 12002 Chevrolet 1/2 ton Pick Up Administrative Services Purchasing Division 215 N Mason St 2 " Floor PO Box 580 Fort Collins CO 80522 970 221 6775 970 221 6707 fcgov com/purchasing SPECIFICATIONS .M CONTRACT DOCUMENTS FOR Olive Street Concrete Improvements BID NO 6086 City of Fort Collins PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS March 5, 2008 — 3 00 P M (OUR CLOCK) where renewal is a way of life 37 2002 Chevrolet Avalanche 38 2004 Chevrolet Colorado 39 2002 Chevrolet 1/2 ton Pick Up 40 2001 Chevrolet Astro Van 41 2003 GMC Form Truck 42 2002 Chevrolet 1 ton Pick Up 43 2003 Mack Truck Rock Truck 44 OPEN 45 1993 CHEV 3500 46 1995 Ford 3/4 ton Pick Up 47 2004 Chevrolet Pick Up 48 OPEN 49 OPEN 50 2007 FREIGHTLINER 51 1997 Mack Truck 52 2003 Mack Truck 53 OPEN 54 OPEN 55 2003 Freightliner Fuel Truck 56 1998 Kenworth Truck 57 2002 Kenworth Fuel Truck 58 1993 Mack Tracktor Truck 59 2001 Mack Tractor Truck 60 2000 Freightliner Water Truck 61 2000 Freightliner Water Truck 62 1999 Freightliner Water Truck 63 2000 Freightliner Water Truck 64 1999 Freightliner Water Truck 65 OPEN 66 OPEN 67 1985 International Water Truck 68 1981 International Water Truck 69 1983 International Water Truck 70 2003 Mack Tractor Truck 71 2000 Freightliner Water Truck 72 2001 Chevrolet Flat Bed Truck 73 2000 Chevrolet 2 5 ton Flatbed 74 2000 Chevrolet 2 5 ton Flatbed 75 2000 Chevrolet 2 5 ton Util Tr 76 2006 GMC Dump Truck 6500 77 2000 Chevrolet 1 ton Flatbed 78 2002 Chevrolet Dump Truck 79 2004 Chevrolet 1/2 ton Pick Up 80 2002 Chevrolet 1/2 ton Pick Up 81 2002 Chevrolet 1/2 ton Pick Up 82 2002 Chevrolet 1/2 ton Pick Up 83 2003 Chevrolet 1/2 ton Pick Up 84 12002 Chevrolet 1/2 ton Pick Up 85 OPEN 86 2003 Chevrolet 1/2 ton Pick Up 87 OPEN 88 2001 Chevrolet 1/2 ton Pick Up 89 2001 Chevrolet 1/2 ton Pick Up 90 OPEN 91 OPEN 92 2000 1/2 ton Pick Up 4W X 93 2000 Chevrolet 1/2 ton Pick Up 94 2000 Chevrolet 1/2 ton Pick Up 95 2000 Chevrolet 1/2 ton Pick Up 96 2000 Chevrolet 1/2 ton Pick Up 97 2001 Chevrolet 1/2 ton Pick Up 98 2001 Chevrolet 1/2 ton Pick Up 99 2001 Chevrolet 1/2 ton Pick Up 100 OPEN 101 Water Truck 102 Water Truck 103 2003 Chevrolet 1/2 ron Pick Up 104 OPEN 105 2003 CHEVY EXPRESS VAN 106 2006 Chevrolet Equinox 107 2006 Chevrolet Equinox 108 2006 Chevrolet Equinox 109 2006 Chevrolet Equinox 110 2006 Chevrolet Equinox ill 2007 Gmc Top Kick C6500 112 OPEN / END OF #'S 1-Aug Augar Attatchment 330C Lincolin Welder 530C Lincolin Welder 750A Air Compressor 78A 2004 Asphalt Spreader mounted AC-1 2001 Compressor AC-2 2005 Compressor AC-3 2005 Comperssor AC-4 2005 Compressor AC-5 2004 Compressor AC-6 2005 Compressor AC-7 2005 Compressor AC-8 2005 Compressor AC-9 air compressor AD-1 2001 Wacker (Asphalt) Roller AD-2 2005 Wacker Roller (Asphalt) R AS1663 AIR SAW B-01 1998 John Deere Back Hoe B-02 1998 Caterpillar Back Hoe B-03 1994 Caterpillar Back Hoe B-05 2001 Case Back Hoe / Loader B-06 1998 Case 590SL Extenda Hoe B-07 2004 Komatsu Back Hoe B-08 2005 John Deere Back Hoe B-09 John Deere Backhoe B-10 2007 John Deere 310J backhoe 1 B-11 OPEN / END OF #'S B-9 2007 310SJ Backhoe Loader C-01 Case SkidSteer 60XT C-02 2004 Case Loader 570 MXT C-03 2004 Komatsu Skid Steer C-04 2004 Case Loader 570 MXT C-05 2007 case 430 skidster # 5 C-05B hammer hh500-2 C-06 2004 Case 570 Front End Loader C-07 2007 case 430 skidster # 7 C-07B Husky Hammer # 7 C-08 2003 John Deere 250 Skid Steer C-09 2002 Case Skid Steer C-10 2004 Komatsu Skid Steer C-11 2004 Komatsu Skid Steer C-12 2004 Komatsu C-13 1996 John Deere Loader C-14 2005 Case Skid Steer C-15 2005 Case Skid Steer C-16 2005 Komatsu WA200-5 Loader C-17 2004 Komatsu Skid Steer C-18 2006 John Deere 444J Loader C-19 2006M KAMATSU WA200L-5 LOADER C-20 2008 John Deere 444J Loader C-21 2004 Case 570 MXT Front End Lo C-22 1996 Daewoo Loader (Trade) C-23 2002 Case Skid Steer C-24 1996 Case Skid Steer Loader C-25 1996 Case Skid Steer Loader C-26 1994 Daewoo Loader C-27 2007 case 430 skidster # 27 C-27B husky hammer # 27b C-28 1980 GEHL Loader C-29 2004 John Deere Skid Loader C-31 2004 John Deere Skid Loader C-32 1996 Case Skid Loader C-40 2001 Case 570 XLT Loader C-41 2001 Case 570 XLT Loader C-42 2001 Case 570 XLT Loader C-43 2000 Case 570 LXT Loader C-44 2000 Case 570 LXT Loader C-45 2002 Case 570 LXT Loader C-46 2001 Case 570 MXT Loader C-47 2002 Case 570 MXT Loader C-48 2002 Case 570 MXT Loader C-49 2002 Case MXT Loader C-50 1999 Komatsu - 3PTC Loader C-51 2003 Case 570 MXT Loader C-52 2003 Case 570 MXT Loader C-53 OPEN C13-2 c13 saw # 2 C13-3 c13 saw # 3 C13-4 c13 saw # 4 C13-5 c13 saw # 5 C13-6 c13 saw # 6 C13-7 c13 saw # 7 C13-8 c13 saw # 8 C13-9 c13 saw # 9 C20-1 c20 saw number 1 CM-1 OPEN CM-2 2000 Power Curber 5700B CM-3 2003 Power Curber 5700B CM-4 2006 Power Curber 570B03 CM-5 OPEN / END OF #'S CSSC SLAB CRAB CLIPPER 5233 5-02 1997 Wacker CM D-03 1997 Wacker D-04 1999 Multiquip Double Drum Rol D-05 1999 Multiquip Double Drum Rol D-07 2005 Multiquip Double Drum Rol D-08 1999 Multiquip Double Drum Rol D-09 1999 Multiquip Double Drum Rol D-10 1998 Multiquip Double Drum Rol D-11 1996 Multiquip Double Drum Rol D-12 1999 Multiquip Double Drum Rol D-13 1998 Multiquip Double Drum Rol D-14 1998 Multiquip Double Drum Rol D-15 2004 Multiquip Double Drum Rol D-16 2004 Multiquip Double Drum Rol D-17 2004 Multiquip Double Drum Rol D-18 2004 Multiquip Double Drum Rol D-19 2004 Multiquip Double Drum Rol D-20 2005 Multiquip Double Drum Rol D-21 2005 Multiquip Double Drum Rol D-22 2005 Multiquip Double Drum Rol D-23 2007 Multiquip Double Drum Rol D-24 OPEN / END OF #'S DS0255 Demo Saw # 0255 DS1307 demo saw 5451307 DS4525 DEMO SAW 554525 DS5306 DEMOS SAW 5306 DS5307 DEMO SAW 5307 DS5309 Demo Saw # 5309 DS5312 DEMO SAW 5312 DS5313 Demo Saw # 5313 DS5372 Demo Saw # 5372 DS5373 DEMO SAW 5373 DS5374 DEMO SAW 5374 DS5375 DEMO SAW5375 DS5376 DEMO SAW 5376 DS5378 Demo Saw # 5378 DS5379 DEMO SAW 5379 DS5380 DEMO SAW 5380 DS5381 DEMO SAW 5381 DS5382 DEMO SAW 5382 DS5383 DEMO5383 DS5384 DEMO SAW5384 DS5385 DEMO SAW 5385 DS5858 Demo Saw # 5858 DS5862 DEMO SAW 5665862 DS5864 demo saw 5684 DS5870 demo saw 5870 DS5872 DEMO SAW # 5665872 DS5873 DEMO SAW 5665873 DS5874 DEMO SAW 5665874 DS5876 demo saw 5876 DS9655 demo saw 9655 ESC7189 Electric Soft Cut Saw # 7189 ESC7617 Electric Soft Cut Saw # 7617 EZ2262 E Z Drill 2262 EZ3332 EZ drill #3332 (# 2) G-1 2002 Gradall XL3300 G-2 2003 Gradall XL3300 GC-1 Golf Cart # 1 (Front Office) GC-2 Golf Cart # 2 (Warehouse) GEN1778 Generator # 1778 GEN1779 Generator # 1779 GEN1855 Generator # 1855 GEN2401 GENERATOR 2401 GEN2429 portable generator 429 GEN3400 Gernerator #3400 GEN4697 generator 1564697 GEN8755 generator 8755 GEN8765 generator 8765 GEN8807 Generator # 8807 GEN8809 GENERATOR 8809 GEN9254 generator9254 GEN9256 generator 5709256 GEN9257 Generator # 5709257 GPS1 GPS HD00063 HAMMER DRILL 00063 HD00082 hammer drill 689000082 HD00320 HAMMER DRILL HD00381 hammer drill 781000381 HD15013 HAMMER DRILL 15013 HD15014 HAMMER DRILL 15014 HD15015 HAMMER DRILL 15015 HD15017 HAMMER DRILL 15017 HD15018 HAMMER DRILL 15018 HD15019 HAMMER DRILL HD15020 HAMMER DRILL 15020 HD15022 HAMMER DRILL 15022 HD15023 HAMMER DRILL 15023 HD15024 HAMMER DRILL 15024 HD15025 HAMMER DRILL 15025 HD15026 HAMMER DRILL 15026 HD15027 HAMMER DRILL 15027 HD15028 HAMMER DRILL 15028 HD15029 HAMMER DRILL15029 HD15030 Hammer Drill 15030 HD15034 HAMMER 15034 HD15035 HAMMER DRILL 15035 HD15045 HAMMER DRILL 15045 JJ1148 JUMPING JACK 1148 JJ2017 JUMPING JACK 532017 JJ3096 Jumping Jack 3096 JJ3907 jumping jack 3907 JJ3910 JUMPING JACK 3910 JJ3912 JUMPING JACK 3912 JJ3913 JUMPING JACK LF3913 JJ3942 jumping jack 5103942 JJ3957 JUMPING JACK LF3957 JJ4139 Jumping Jack # 4139 JJ4212 JUMING JACK 4212 JJ4215 JUMPING JACK 4215 JJ4286 Jumping Jack # 4286 JJ4555 Jumping Jack 4555 JJ4558 Jumping Jack LH4558 JJ5224 jumping Jack 5224 JJ5576 Jumping Jack # 5576 JJ5837 Jumping Jack # 5837 JJ6394 Jumping Jack 5256394 JJ6632 JUMPING JACK 6632 JJ8291 Jumping Jack # 8291 JJ8312 Jumping Jack # 8312 LL4064 Laser Level # 764064 LL4786 Laser Level # 14786 LL5948 LASER LEVEL 7010 LL7514 Laser Level # 7514 LS1 2007 SXP LASER SCREED LT-1 Light Tower M-00 2003 Ranco Anvil ED30-38 M-01 2002 Trail King M-02 2001 Ranco Trailer M-03 2000 Ranco Anvil End Dump Trai M-04 2000 Ranco Anvil End Dump Trai M-05 2000 HMD Trailer M-06 1999 Ranco Anvil End dump Trai M-07 1996 ETNYRE LOWBOY TRAILER M-08 1969 FRU TL LOWBOY 25 TON M-09 1990 HDM Trailer M-10 1998 John Deere Scraper 862B M-11 1997 Hamm Padfoot Roller M-12 OPEN M-13 2000 John Deere Motor Grader M-14 2005 John Deere Motor Grader M-15 1994 John Deere Grader 770BH M-16 1995 Catapillar Scraper 613C M-17 1992 Caterpillar Grader 140G M-18 1996 John Deere Scaper M-19 2003 John Deere Scaper M-20 1996 Caterpillar Scaper 613C M-21 1998 John Deere 772CH M-22 1991 John Deere Scraper 762B M-23 T C M Fork Lift M-24 1996 John Deere Scaper M-25 1994 John Deere Blade 770BH M-26 1978 Clark Fork Lift M-27 2004 Hyster Fork Lift H90XMS M-28 2000 John Deere Grader M-29 TRAILER DUMP M-30 TRAILER RAMP GATE M-31 2006 Ranco Trailer M-32 OPEN / END OF #IS PB-1 MB 356 Hammer PB-2 MB 356 Hammer PB-3 MB 356 Hammer PB-4 MB 356 Hammer PB-5 MB 356 Hammer PB-6 KF4 Kent Hammer PB-7 KF4 Kent Hammer PB-8 356 Stanley Hammer PB1282 Power Buggy #1 PB1284 Power Buggy #2 PT-1 2004 Hyster Pallet Truck PT-2 2004 Hyster Pallet Truck PT1259 Plate Tamper # 1941259 PT3106 PLATE TAMPER 310 PT3108 plate tamper3108 PT4003 plate tamper 4003 PT4004 plate tamper4004 PT6579 Plate Tamper # 6579 PT7426 Plate Tamper # 7426 PT9253 plate tamper 9253 PW-1 Pressure washer # 1 PW-2 presssure washer #2 RAM3816 ramset gun 3816 ROPT350 ride on power trowel #3350 ROPT387 Ride on Power Trowel 8387 ROPT436 ride on power trowel # 1436 ROPT437 Ride On POWER TROWEL2437 ROPT830 Ride on Power Trowe18830 ROPT850 Ride On Power trowel # 1850 SC1048 Soft Cut Saw # 1048 SC1509 Soft Cut Saw # 1509 SC1736 Soft Cut Saw # 1736 SC1741 Soft Cut Saw # 1741 SC2169 Soft Cut Saw # 2169 SC2404 Soft Cut Saw # 2404 SC3293 Soft Cut Saw # 3293 SL-1 2002 Arrow Board SL-2 2002 Arrow Board SL-3 2003 Arrow Board SL-4 2003 Arrow Board SWP-1 Sweeper Attatchment TREN-1 2003 Ditch Witch Trencher TS0146 Tile Saw 5010146 TS1120 Tile Saw 3011120 TWG055E TIE WIRE GUN TWG057E TIE WIRE GUN 057E VIBRA-1 Vibrator # 1 VIBRA-2 vibrator # 2 VIBRA-3 Vibrator # 3 VIBRA-4 Vibrator # 4 WBPT002 walk behind power trowel, larg WBPT559 walk behind POWER TROWEL 1559 IWBPT677 [walk behind POWER TROWEL1677 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 006001 00610 Performance Bond 00610-1 006102 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 006702 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda Modifications and Payment 00900-1 00950 Contract Change Order 00950-1 00950 2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS DRAWINGS THOUTT BROS CONCRETE CONTRACTORS INC HONESTY BUILD BUILD WITH CONCRETE FOR EFFICIENCY THE FUTURE OF A BETTER TOMORROW TOMORROW NOW' SINCERITY PH 4581298 January 24 2008 RE Current Project References To Whom It May Concern 5460 TENNYSON ST DENVER COLORADO 80212 Below please find a list of recent projects for Thoutt Bros Concrete Should you have any questions or concerns regarding this information please feel free to contact me at (303) 458 1298 Thank you • City of Arvada — Removal and Replacement Program 2007 Phase 1 Contract Extended to 2008 Contact Pat Dougherty Project Cost $575 000 00 • City of Longmont — Concrete Rehabilitation Project 2007 Contract Extended to 2008 Contact Tom Street Project Cost $846 000 00 • Arapahoe County — Concrete Replacement Program 2007 Contact Oleg Borisov Project Cost $420 000 00 • Jefferson County — Concrete Replacement Program 2007 Contract Extended to 2008 Contact Darren Moritz Project Cost $913 000 00 Sincerely � v Thoutt Thoutt Bros Concrete Contractors Inc cjm V J 0S0 0Op0 V V J J Ol J V J V m m m V J V m J J J m m J 01 V V V 00 V m J J J m V Ol 0po pV S a N A A W N N w W N 0 pV w 8 pO pAA O pQV A A pO°pp w AA° A A w A w N A W A A Ap° N W A A T N O w t A h W N A N m S m F ? 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In Ot .y O m m .-' m 'O \ H' t+ 90 .2 a C — N a OA uai n r n D F a, n v_+ F+ m m m O r .O N n J�C N d V .Ns O N m 0 m 0 n mFx m m n N N m O N N N O W A W V O1 N V O N pf V t0 O N m Y N O Ot V V D V N W A% N W Vf N N A a N Y Y N N W A W A O N Of N A N V Y N N Y O Y N A N O t0 0pp0 10 88 V 0pp0�� Y a W N O Y N pp Y 8 8 N N pppp a Y A Ol N N W UI {!� pp py O N W N 1p V OI A VtD V In A W O l0 O VOi O O N O V tmJl A V pNi Y N 0 b W N UWi OYo pf N N W O W N O N W ��pp 00 A N O Of S N O S S N w S pO V p p Y p O N O Y Of Y O Oo w O W O N Y V N O Ot O O V O O O O O S O W V Y t0 O N � N � N N W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W O O O yy�� O �Wi O O O O O O O O O O O O O O O O N O 818181818 8 8 81818 818 8 8 S 81818 S m 8 8 8 S 8 8 S 8 8 S 8 8 818 8 S 8 8 818181818 N Ot O V� N N O W A �p N Y W V T N V O N m V O 01 N T V V Ot V N W N N 10 V N N N A 01 N 10 Y Y N N W A tp g m A tYJ� N W N b N t0 O N>>AV l0 YNN M lD V W1Np M pOOl Y VpOS� NpOpO a NNY g N O Y N a O N tp A a Y AtVO0o FV+ O OYN NVW V l�NpD A NN�Y� ON O W N 0 OpA dNWt pO pp pOp pp %llD0 pp aONt N O Oo W O V� N N1O11 NpWYVi VAlp NWp NnOyl YNN NWWN yVSpSO-M NWOV NSW NANp 1NOAp NS NOS 0 O 0 O OS S- O T m O N 1p W W N W A 1p O T V1 O N O S N Ip pA p1 Y1 N pf V V� W O W W tp W N N T N y Y V NW O ww 10 NYO N �p N iSP Y >pA S S p W Aw OIl N S W S 8 S S 1 a 9 S 8 S V O S S S Y Sm NVMV N SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date March 19, 2008 TO Thoutt Brothers Concrete Contractors, Inc PROJECT 6086 Olive Street Concrete Improvements OWNER CITY OF FORT COLLINS (hereinafter referred to as 'the OWNER") You are hereby notified that your Bid dated March 5, 2008 for the above project has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6086 Olive Street Concrete Improvements This work shall consist of the removal and/or installation of concrete pavement, curbs, gutters, sidewalks, alley approaches, inlets, and pedestrian access ramps on West Olive Street between College Avenue and Mason Street in the City of Fort Collins Specific locations are described in Section 3500, Project Map The Price of your Agreement is One Hundred Thirty Six Thousand Three Hundred Twenty Eight Dollars and Fifty Cents ($136,328 50) 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 3, 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 OWNER to consider your Bid abandoned, declare your Bid Security forfeited within the time specified will entitle to annul this Notice of Award and to 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 < Ja es B O'Nei 1, II, CPPO, F D ector of Purchasing & Risk Management Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 19th 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 Thoutt Brothers Concrete Contractors, Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 6086 Olive Street Concrete Improvements This work shall consist of the removal and/or installation of concrete pavement, curbs, gutters, sidewalks, alley approaches, inlets, and pedestrian access ramps on West Olive Street between College Avenue and Mason Street in the City of Fort Collins Specific locations are described in Section 3500, Project Map Bid 6086 Olive Street Concrete Improvements is generally described in Section 01010 ARTICLE 2 ENGINEER The Project has been designed by City of Fort Collins Engineering Division, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents ARTICLE 3 CONTRACT TIMES 3 1 The Work shall be Substantially Complete within Twenty Five (25) 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 Fifty Five (55) working days after the date when the Contract Times commence to run 3 2 Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not Section 00520 Page 1 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 Twenty Five (25) working 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 working 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 One Hundred Thirty Six Thousand Three Hundred Twentv Eiaht Dollars and Fiftv Cents ($136,328 50), in accordance with Section 00300, attached and incorporated herein by this reference ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions Applications for Payment will be processed by ENGINEER as provided in the General Conditions 5 1 PROGRESS PAYMENTS OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2 6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work 5 1 1 Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14 7 of the General Conditions 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work Section 00520 Page 2 completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14 2 of the General Conditions) may be included in the application for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions or as provided by law 5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in accordance with paragraph 14 13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 13 ARTICLE 6 CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4 2 of the General Conditions 6 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6 2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4 2 of the General Conditions, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes 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, Section 00520 Page 3 investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4 3 of the General Conditions 6 5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of `Contract Documents in Article 1 10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following 7 2 1Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7 2 4Consent of Surety 7 2 5Application for Exemption Certificate 7 2 6Application for Payment 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows Curb and Gutter Curb Gutter and Sidewalk Standard Driveway Approach (I & II) Standard Driveway Approach (III & IV) Modified Type 13 Inlet Alley Intersections Standard Manhole Cover Standard Sidewalk Sidewalk Detail Access Ramp Details Detached Walk/Intersection Detail Detached Walk/Intersection Detail Pedestrian Ramp Detail Residential Local Street Access Ramps 701 D-6 706 707 803 1201 1601 1602 1603 1604 1605 1606 1606(a) Section 00520 Page 4 SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 2 Truncated Dome Warning for Access Ramps 1607 Concrete Pavement Joints M-412-1 (Sheets 1-5) 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, Agreement and obligations contained in the Contract Document Section 00520 Page 5 OWNER CITY OF FORT COLLINS By MID JAMES B O'NEILL II, CPPO, FNIGP I ECTOR OF PURCHASING D RISK MANAGEMENT Date J L 3, 10 D�"t Coi Attest City Cler ' Address for giving notices P 0 Box 580 Fort Collins, CO 80522 AppA to Fo Assity Attorney CONTRACTOR Thoutt Brothers Concrete Contractors BY Title yi Date MAR 9 dtlA ri (CORPORATE SEA14 �VJ � Attest, „ Address for giving notices 7- C n 1 `bc) '�ve< fo SOO�i� LICENSE NO Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work 6086 Olive Street Concrete Improvements To Thoutt Brothers Concrete Contractors, 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 , 20 The dates for Substantial Completion and Final Acceptance shall be , 20_ and , 20, respectively City of Fort Collins OWNER M Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR Thoutt Brothers Concrete Contractors, Inc By Title Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No o/aq/7 8 KNOW ALL MEN BY THESE PRESENTS that (Firm)-7{4OUTT &20S C`'O,U72ACT02S, -NC, (Address)54(pp TEvNy50/() 6%, (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal" and (Firm) ap/O,t' _L_iVSCe/z/9NC6 C© (Address) a o4// U/c.[_gGd- 0,4 L IA)roOLiV ACE ([rS0J 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 t / 3 sn 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 19th 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, 6086 Olive Street Concrete Improvements NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void otherwise to remain in full force and effect Rev 10/20/07 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of M1qkCt4_, 20()$ IN PRESENCE (Corporate Seal) IN PRESENCE OF IN ORESENCE OF (Surety Seal) Principal c e„ Other Partners 0 By Y-A Surety a/V /ON By Address) NOTE Date of Bond must not be prior 1S+ COWRACTOR is Partnership, . C 70 aA,ITIe "•, ,KGB .. Rev 16/20N7 C9 W to date of Agreement all partners should execute Bond Section 00610 Page 2 68Soi SECTION 00615 PAYMENT BOND Bond No 01,94117,? KNOW ALL MEN BY THESE PRESENTS that (Firm)-T//OUTT 6205 COIG MC-1 P-)5,:T C (Address) 5-y60 7ENM(50/t) 67- OENUE/2 0O (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) L{N/0NZN��(/2fJNC= (20 (Address) 3(VVI U/L.L4C,& OR I IA)COcA) / Pe 4 P'SO I 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 �A /.�3(o�,5A 50 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 19th 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, 6086 Olive Street Concrete Improvements NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void otherwise to remain in full force and effect Rev 10/20/07 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, thisc day of I1'la2L'14 20OR , IN PRESENCE OF rC c7c- (Corporate Seal) IN PRESENCE OF Principal2fI 7tlou QiPOs �p,�G2�T� 06Iu71C E'S, l By Title) S�(P© 61t;"y, L2 ! i i� ✓��lid/2�C��'U�ia (Address) Other Partners I PRESENCE OF / '-� C'� Surety W-1/0/0 =jL15U /�6iN� C70 B 36ui ui���� ,OR, Li�Cpyn��1JE 48601 (Surety Seal) (Address) NOTE Date of.Bpnd must not be prior to date of Agreement 1.0.21 M CTE as Partnership, all partners should execute Bond rTJ� 4� )e y' Q 6 Rev 10/20/07 �Lv s mN� - Section 00615 Page 2 No 21 005 POWER OF ATTORNEY UNION INSURANCE COMPANY Lincoln, Nebraska NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS that the UNION INSURANCE COMPANY a corporation of the State of Nebraska having Its principal offices in the City of Lincoln Nebraska does hereby make constitute and appoint William H Arnold or Barbara J Arnold of Littleton CO its true and lawful Attorney In Fact with the power and authority hereby conferred to sign execute acknowledge and deliver for and on Its behalf as surety any and all bonds recognizances stipulations and undertakings excluding however any bonds or undertakings guaranteeing payment of loans notes or the interest thereon provided however no single obligation will exceed One Million Five Hundred Thousand and No/100 ($1 500 000 00) Dollars and the execution of such bonds or undertakings in pursuance of these presents shall be as binding upon the said corporation as fully and amply to all intents and purposes as if they had been duly executed and acknowledged by the regularly elected officers of the said corporation at its office In Lincoln Nebraska in their own proper persons The UNION INSURANCE COMPANY further certifies that this Power of Attorney Is granted and is executed and sealed under and by authority of the following resolutions adopted by the Board of Directors of the Union Insurance Company on April 15 2002 RESOLVE that any officer bond manager or branch manager may appoint attorneys In fad or agents with authority as defined or limited in the instrument evidencing the appointment in each case for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds and related obligatory certificates and documents and any one of said officers bond managers or branch managers may remove any such attorney In fad or agent and revoke any power of attorney previously granted to such person whether or not such officer bond manager or branch manager appointed the attorney in fad or agent and further RESOLVED that any bonds and related obligatory certificates and documents shall be valid and binding upon the Company a) when signed by any officer bond manager or branch manager and sealed with the Company seal or b) when duly executed and sealed with the Company seal by one or more attorneys In fad or agents pursuant to and within the limits of authorly evidenced by the power of attorney Issued by the Company to such person or persons a certified copy of which power of attorney must be attached thereto In order for such obligation to be binding upon the Company and further RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof allthodzing the execution and delivery of any bonds and related obligatory certificates and documents of the Company and such signature and seal then so used shall have the same force and effect as though manually affixed In Witness Whereof UNION INSURANCE COMPANY has caused Its corporate seal to be hereunto affixed and these presents to be duly executed by its Regional Vice President this 29th day of June 2006 UNION INSURANCE COMPANY it gAa^ E "O �'a�nep By Michael L Anania Regional Vice President WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE BACKGROUND WITH RED AND BLUE BORDER STATE OF NEBRASKA) as LANCASTER COUNTY) On this day before the undersigned a Notary Public in and for said County and State personally came the above named officer of the UNION INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument and they acknowledged the execution of said instrument to be the voluntary act and deed of the UNION INSURANCE COMPANY and his voluntary act and deed as an officer of said corporation and that the seal of said corporation was affixed to said instrument by the authority and direction of said corporation Witness my hand and my Notarial Seal at Lincoln Lancaster County Nebraska the day and year last written above �lBIA! NQQ18Y-Nbcffit� lma NANC1f & MCMEEN *eMwMall.2m tic! Notary Public CERTIFICATE I the undersigned Assistant Secretary of UNION INSURANCE COMPANY do hereby certify that the original Power of Attorney of which the foregoing is full true and correct copy Is In full force and effect In witness whereof wwh�hereof I have hereunto subscribed my name as Assistant Secretary and affixed the corporate seal of the corporation this it�es� day of �'� �' � �M O�n Form #PA E Assistant Secretary SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance Rev 10/20/07 Section 00630 Page 1 SECTION 00020 INVITATION TO BID Date February 12, 2008 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3 00 P M , our clock, on March 5, 2008, for the Olive Street Concrete Improvements, BID NO 6086 If delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado, 80524 If mailed, the mailing address is P 0 Box 580, Fort Collins, CO 80522-0580 At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud The Contract Documents provide for the construction of Bid 6086 Olive Street Concrete Improvements All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St , 2nd floor, Fort Collins, Colorado 80524 Contract Documents will be available February 12, 2008 A prebxd conference and lob walk with representatives of prospective Bidders will be held at 10 00 a m , on February 20, 2008, at 215 N Mason St Conference Room 1B, Fort Collins Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting Bids will be received as set forth in the Bidding Documents The Work is expected to be commenced within the time as required by Section 2 3 of General Conditions Substantial Completion of the Work is required as specified in the Agreement The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein Bid security in the amount of not less than 5a of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders Rev 10/20/07 Section 00020 Page 1 ACORD CERTIFICATE OF LIABILITY INSURANCE OPID W PRODUCER THOUT-1 THIS CERTIFICATE IS ISSUED AS A MATTER OF ^ITS Insurance BrokeragONLY AND CONFERS NO RIGHTS UPON THE CE e . E Hampden Ave a Flr HOLDER THIS CERTIFICATE DOES NOT AMEND r ALTER THE COVERAGE AFFORDED BY THE POL J r CO 80224 Phone 303-996-7800 Fax 303-757-7719 INSURERS AFFORDING COVERAGE Thoutt Bros Concrete Contractors, Inc DenvereCOy80212-4049 INSURER Zurich In INSURER B North American INSURER C Fireman I s INSURER D COVERAGES THE — -- POLICIES OF INSURANCE LISTFn REI nw uevc Scc.� �c..���., r., _.._..._..___ ... _ _ _ Co Co DATE (MMIDD/YYYY) 04/02/07 RMATION CATE END OR 3 BELOW NAIC # HE POLICY PERIOD INDICATED ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR ITHSTADING ACT'VH 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 LTR NSR TYPE OF INSURANCE POLICYNUMBER DATE MMIDD(YY DATE MM/DD/VY GENERAL LIABILITY LIMITS i X X COMMERCIAL GENERAL LIABILITY GL0375806303 04/01/07 04/01/08 CLAIMSMADEapCCUR X InCl XCU EACH OCCURRENCE PREMISES (Eaoccurence MED EXP (Any one person) E1,000,000 $300 000 $10,000 E1 000,000 PERSONAL BADVINJURY GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE E2,000 000 E 2 000 000 PRO X POLICY JECT LOC PRODUCTS COMP/OPAGG AUTOMOBILE LIABILITY .+ X ANY AUTO BAP375809004 04/Ol/07 04/Ol/08 ALL OWNED AUTOS Ea am LE LIMIT (Eadennt) q E 1 00O 000 , $ SCHEDULEDAUTOS BODILY INJURY (Per person) X HIRED AUTOS E X NON OWNED AUTOS BODILY INJURY (Per emdent) ri PROPERTY DAMAGE (Per student) S GARAGE LIABILITY ANYAUTO AUTOONLY EAACCIDENT S $ E%CESSNMBRELLA LIABILITYAUTO OTHER THAN EA ACC ONLY AGO S B X OCCUR CLAIMSMADE DOXOOOO82700 04/01/07 04/01/08 EACH OCCURRENCE AGGREGATE E 1 000,000 E1 000,000 E DEDUCTIBLE E X RETENTION SNone E WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? TORYLIMITS ER EL EACH ACCIDENT $ $ Ifas describe under below EL DISEASE EA EMPLOYEE E — OTHERLPROVISIONS OTHER EL DISEASE POLICY LIMIT _ Leased/Rented MZI98473709 04/01/07 04/01/08 E i went ACV VALUATION P"SCRIPTIONOFOPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT r SPA,.., Pen.ee�..�e Limit Ded $300,000 $1 000 _ Jny or Tort collins is named to the general liability policy as an additional insured with respects to a permit *except 10-days notice for nonpayment of premium City of Fort Collins Engineering Dept 281 No College Fort Collins CO 80524 CITYCOL I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR ORD 25 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6086 Olive Street Concrete Improvements PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER City of Fort Collins CONTRACTOR Thoutt Brothers Concrete Contractors, Inc CONTRACT DATE March 19, 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 3=1 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 AUTHORIZED REPRESENTATIVE DATE Rev 10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO Thoutt Brothers Concrete Contractors, 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, 6086 Olive Street Concrete Improvements A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated , 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date 20 Sincerely, OWNER City of Fort Collins By Title ATTEST Title Rev 10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM Thoutt Brothers Concrete Contractors, Inc (CONTRACTOR) PROJECT 6086 Olive Street Concrete Improvements 1 The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project 2 In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U S C A 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project 3 The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project 4 The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys Rev 10/20/07 Section 00650 Page 1 fees, incurred as a result of such claims 5 The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project Signed this day of , 20 CONTRACTOR By Title ATTEST Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal My Commission Expires Notary Public Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR _Thoutt Brothers Concrete Contractors, Inc PROJECT 6086 Olive Street Concrete Improvements CONTRACT DATE March 19, 2008 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (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) 0 ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact Rev 10/20/07 Section 00660 Page 1 SECTION 00670 Rev 10/20/07 Section 00660 Page 2 SECTION 00670 Section 00670 Page 1 A DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232 2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26 114(1)(a)(XIX) uV NU I VVKI I t IN I NIS SPADE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below This exemption does not include or apply to the purchase or rental of equipment supplies and materials which are purchased rented or consumed by the contractor and which do not become part of the structure highway road street or other public works owned and used by the exempt organization Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law A separate certificate is required for each contract Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime contractor to issue certificates to each of the subcontractors (See reverse side) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED Registration/Account No (to be assigned by DOR) Period 89 - 0170-750 (999) s0 00 Trade name/DBA Owner partner or corporate name Mailing address (City State Zip) Contact Person E Mad address Federal Employer's Identification Number Bid amount for your contract Fax Number ( Business telephone number Colorado withholding tax account number Name of exempt organization (as shown on contract) Exempt organization s number 98 - Address of exempt organization (City State Zip) Principal contact at exempt organization Principal contact s telephone number Physical location of protect site (give actual address when applicable and Cities and/or County(ies) where project is located) Scheduled Month Day Year construction start date Estimated Month Day Year completion date l declare under penalty of perjury In the second degree that the statements made /n this application are true and complete to the best of my knowledge Signature of owner partner or corporate officer Title of corporate officer Date Tll1 Ai/lT \i/n imrri . I I I v I vV lolls DOLVYV 1f113 L11VE Section 00670 Page 2 Special Notice Contractors who have completed this application in the past please note the following changes in procedure The Department will no longer issue individual Certificates of exemption to subcontractors Only prime contractors will receive a Contractors Exemption Certificate on exempt protects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the protect and complete it by filling in the subcontractor s name and address and signing it The original Certificate should always be retained by the prime contractor Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractors place of business for a minimum of three years and be available for inspection in the event of an audit Once an 89# has been assigned to you please use the next five numbers following it for any applications submitted for future protects This should be your permanent number For instance if you were assigned 89-12345-0001 every application submitted thereafter should contain 89-12345 on the application The succeeding numbers will be issued by the Department of Revenue DO NOT enter what you believe to be the next in sequence as this may delay processing of your application Section 00670 Page 3 Sales Prohibited/Conflict of Interest No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered This rule also applies to subcontracts with the City Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By James B O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Rev 10/20/07 Section 00020 Page 2 Section 00670 Page 4 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL. CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF TITE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee EJCDC No 1910 8 (1900 Edition) as a Case Changes to that document are shown by underlining text that has been added and striking through text that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title DEFINITIONS 11 Addenda 12 Agreement 13 Application for Payment 14 Asbestos 15 Bid 1 6 Bidding Documents 1 7 Bidding Requirements 18 Bonds 1 9 Change Order 1 10 Contract Documents 111 Contract Price 112 Contract Times 113 CONTRACTOR t 14 defectrie 1 15 Drawings 1 16 Effective Date of the Agreement 117 ENGINEER 1Is ENGINEERS Consultant 1 19 Field Order 1 20 General Requirements 1 21 Hazardous Waste 122 a Laws and Regulations Laws or Regulations 1 22 b Legal Holidays 123 Liens 1 24 Milestone 1 25 Notice of Award 1 26 Notice to Proceed 127 OWNER 1 28 Partial Utilization 129 PCBs 130 Petroleum 131 Project 132 a Radioactive Material 132 b Regular Working Hours 1 33 Resident Project Representative 134 Samples 135 Shop Drawings 1 36 Specifications 137 Subcontractor 138 Substantial Completion 1 39 Supplementary Conditions 140 Supplier 141 Underground Facilities 1 42 Unit Price Work 143 Work 144 Work Change Directive 1 45 Written Amendment Page Article or Paragraph Number Number & Title 2 2 2 2 2 2 2 2 9 2 2 2 2 2 2 2 2 2 2 23 3 3 3 3 Page Number PRELIMINARY MATTERS 3 2 1 Delivery of Bonds 3 22 Copies of Documents 3 23 Commencement of Contract Times Notice to Proceed 3 24 Starting the Work 3 25 2 7 Before Starting Construction CONTRACTOR s Responsibility to Report Prelim mary Schedues Delivery of Certificates of Insurance 34 2 8 Preconstruction Conference 4 29 Initially Acceptable Schedules 4 CONTRACT DOCUMENTS INTENT AMENDING REUSE 4 3 1 32 Intent 4 3 3 Reference to Standards and Speci fications of Technical Societies Reporting and Resolving Dis crepancies 4 5 34 Intent of Certain Terms or Adjectives 5 3 5 Amending Contract Documents 5 36 Supplementing Contract Documents 5 3 7 Reuse of Documents 5 AVAILABILITY OF LANDS SUBSURFACE AND PHYSICAL CONDITIONS REFERENCE POINTS 5 41 Availability of Lands 56 42 Subsurface and Physical Conditions 6 42 1 Reports and Drawings 6 42 2 Limited Reliance by CONTRAC TOR Authorized Technical Data 6 42 3 Notice of Differing Subsurface or Physical Conditions 6 424 ENGINEER s Review 6 425 Possible Contract Documents Change 6 426 Possible Price and Times Adjustments 67 43 Physical Conditions Underground Facilities 7 43 1 Shown or Indicated 7 432 Not Shown or Indicated 7 44 Reference Points 7 EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 45 Asbestos, PCBs Petroleum 625 Submittal Proceedures CON Hazardous Waste or TRACTORS Review Prior Radioactive Material 7 8 to Shop Drawing or Sample Submittal 16 5 BONDS AND INSURANCE 8 626 Shop Drawing & Sample Submit 5 1 5 2 Performance Payment and Other tails Review by ENGINEER 16 17 Bonds 8 627 Responsibility for Variations 13 Licensed Sureties and Insurers From Contract Documents 17 Certificates of Insurance 8 628 Related Work Performed Prior 54 CONTRACTORS Liability to ENGINEERS Review and Insurance 9 Approval of Required 55 OWNER s Liability Insurance 9 Submittals 17 56 Property Insurance 9 10 629 Continuing the Work 17 57 Boiler and Machinery or Addi 630 CONTRACTORS General tional Property Insurance t0 Warranty and Guarantee 17 58 Notice of Cancellation Prousion l0 631 633 Indemnification 17 18 59 CONTRACTOR s Responsibility 634 Survival of Obligations 18 for Deductible Amounts 10 5 10 Other Special Insurance 10 7 OTHER WORK 18 5 11 Waiver of Rights 11 7 l 7 3 Related Work at Site 18 5 12 5 13 Receipt and Application of 74 Coordination 18 Insurance Proceeds 10 11 14 4cceptance of Bonds and Insu 8 OWNER S RESPONSIBILITIES 18 ante Option to Replace I 8 1 Communications to CON 5 15 Partial Utilvation Property TRACTOR 18 Insurance 11 82 Replacement of ENGINEER 18 8 Furnish Data andPay Promptly 6 CONTRACTORS RESPONSIBILITIES 11 When Due 18 6 1 6 2 Supervision and Superintendence 11 84 Lands and Easements Reports 63 65 Labor Materials and Equipment 11 12 and Tests 18 19 66 Progress Schedule 12 85 Insurance 19 67 Substitutes and Or Equal Items 86 Change Orders 19 CONTRACTOR Expense 87 Inspections Tests and Substitute Construction Approvals 19 Methods or Procedures 88 Stop or Suspend Work ENGINEERS Evaluation 12 13 Terminate CONTRACTORS 68 6 It Concerning Subcontractors Services 19 Suppliers and Others 89 Limitations on OWNERS Waiver of Rights 13 14 Responsibilities 14 612 Patent Fees and Royalties 14 8 10 Asbestos PCBs Petroleum 613 Permits 14 Hazardous Waste or 614 Laws and Regulations 14 Radioactive Material 19 6 15 Taxes 14 15 8 11 Evidence of Finamml 616 Use of Premises 15 Arrangements 19 6 17 Site Cleanliness 15 6 18 Safe Structural Loading 15 9 ENGINEER S STATUS DURING 619 Record Documents 15 CONSTRUCTION 19 620 Safety and Protection 15 16 91 OWNERS Representative 19 621 Safety Representative 16 92 Visits to Site 19 61.2 Hazard Communication Programs 16 0 3 Project Representative 19 21 623 Emergencies 16 94 Clarifications and Interpre 624 Shop Drawings and Samples 16 tations 21 95 Authorized Variations in VBrk 21 °1 E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9 99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 96 Rejecting Defective Work 21 138 13 9 Uncovering Work at ENGI 9 7 9 9 Shop Drawings Change Orders NEERs Request 27 28 and Payments 21 13 10 OWNER May Stop the Work 28 9 10 Determ matims for Unit Prices 21 22 13 11 Correction or Removal of 911 912 Decisions on Disputes ENGI Defective Work 28 NEER as Initial Interpreter 22 13 12 Correction Period 28 913 Limitations on ENGINEERS 13 13 Acceptance of Defective Work 28 Authority and Responsibilities 22 23 1314 OWNER May Correct Defective Work 28 29 CHANGES IN THE WORK 23 101 OWNER s Ordered Change 23 14 PAYMENT'S TO CONTRACTOR AND 102 Claim for Adjustment 23 COMPLETION 29 103 Work Not Required by Contract 141 Schedule of Values 29 Documents 23 142 Application for Progress 104 Change Orders 23 Payment 29 105 Notification of Surety 23 143 CONTRACTOR Warranty of Title 29 CHANGE OF CONTRACT PRICE 23 144 147 Review of Applications for 11 1 11 3 Contract Price Claim for Progress Payments 2930 Adjustment Value of 148 149 Substantial Completion 30 the Work 23 24 1410 Partial Utilization 3031 11 4 Cost of the Work 24 25 14 11 Final Inspection 31 11 5 Exclusions to Cost, of the Work 25 14 12 Final Application for Payment 31 Ito CONTRACTORS Fee 25 14 13 14 14 Final Payment and Acceptance 31 11 7 Cost Records 25 26 1415 Waiver of Claims 31 32 11 8 Cash Allowances 26 119 Unit Price Work 26 15 SUSPENSION OF WORK 4ND TERMINATION 32 CHANGE OF CONTRACT TIMES 26 151 OWNER May Suspend Work 32 12 1 Claim for Adjustment 26 152 15 4 OWNER May Terminate 32 l^_ 2 Time of the Essence 26 15 CONTRACTOR May Stop 123 Delays Beyond CONTRACTORS Work or Terminate 32 33 ( ontrol 2627 124 Delays Beyond OWNERS and 16 DISPUTE RESOLUTION 33 CONTRACTORS Control 27 17 MISCEI LANEOUS 33 TESTS AND INSPECTIONS CORRECTION 171 Giving Notice 33 REMOVAL OR ACCEPTANCE OF 172 Computation of Times 33 DEFECTIVE WORK 27 173 Nonce of Claim 33 131 Notice of Defects 27 174 Cumulative Remedies 33 132 Access to the Work 27 175 Professional Fees and Court 13 3 Tests and Inspections Costs Included 33 CONTRACTORS Cooperation 27 176 Applicable State Laws 33 34 13 4 OWNER Responsibilities Intentionally left blank 35 Independent Testing Laboratory 27 13 5 CONTRACTORS EXHIBIT GC A (Optional) Responsibilities 27 Dispute Resolution Agreement GC Al 136 13 7 Covering Work Prior to Inspec 161166 Arbitration GC 41 non Testing or Approval 27 167 Mediation GC Al EICDC GENERAL CONDITIONS 1910 8 (199a EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifimtlons to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of Bonds and Insurance 5 14 defective Work 104 1 135 13 13 final payment 9 12, 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 9 133 OWNER 620 89 Addenda definition of (also see definition of Specifications) (1 6 1 10 619) 1 1 Additional Property Insurances � 7 Adjustments Contract Price or Contract Times 15 3� 41 432 452 453 94 9� 102104 11 12 148 15 1 progress schedule 66 Agreement definition of 12 All Risk Insurance policy form 5 62 Allowances (ash 11 8 Amending Contract Documents 35 Amendment Written in general 1 10 1 45 3� 5 10 5 12 6 6 2 682 619 101 104 112 121 13 12 2 1472 Appeal OWNER or CONTRACTOR 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 2 8 2 9 5 6 4 9 10 15 5 progress payment 14 1 147 review of 144 147 Arbitration 161 16 6 Asbestos claims pursuant thereto 4 5 2 4 5 3 CONTRACTOR authorized to stop Work 4 52 definition of 1 4 Article or Paragraph Number OWNER responsibility for 451 810 possible price and times change 4 5 2 Authorized Variations in Work 36 625 627 95 Availability of Lands 4 1 8 4 Award Notice of defined 125 Before Starting Construction 2 5 2 8 Bid definition of 1 5 (1 1 1 10 2 3 3 3 4264 613 1143 1191) Bidding Documents definition of 1 6 (6 8 2) Bidding Reguarements definition of 17(11 4262) Bonds acceptance of 5 14 additional bonds 105 11459 Cost of the Work 11 54 definition of 1 8 deli%cry of 21 5 1 final Application for Payment 1412 1414 general 1 10 51 5 3 5 13 913 105 1476 Performance Payment and Other 5 1 5 2 Bonds and Insurance in general Builders risk all risk policy form 5 6 2 Cancellation Provisions Insurance 5 4 l l S 8 515 Cash Allowances 11 8 Certificate of Substantial Completion 138 630 23 148 1410 Certificates of Inspection v 13 4 13 5 I4 12 Certificates of Insurance 27 53 54 11 54 13 505 58 514 9 13 4 1412 Change in Contract Price Cash Allowances 11 8 claim for price adjustment 41 426 45 515 682 94 95 911 102 105 112 139 1313 1314 147 151 155 CONTRACTORS fee 116 Cost of the Work general 114 11 7 Exclusions to 11 5 Cost Records 11 7 in general 1 19 1 44 9 11 10 4 2 1043 11 Lump Sum Pricing 11 3 2 Notification of Surety 105 Scope of 103 104 Testing and Inspection Uncovering the Work 139 EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Unit Price Work 119 C.ONTRACTORs Fee 116 Article or Paragraph Article or Paragraph Number Number Value of Work 113 CONTRACTOR s liability 5 4 6 12, 6 I6 631 Change in Contract Times Cost of the Work 114 115 Claus for tunes adjustment 41 426 45 515 Decisions on Disputes 911 912 6 8 2 9 4 9 5 9 11 10 2 10 5 121 Dispute Resolution 161 1391313 1314 147101 155 Dispute Resolution Agreement 161166 C ontractual tun a lim its 122 ENGINEER as initial interpretor 911 Delays beyond CONTRACTORS Lump Sum Pricing I1 3 2 control 123 Nonce of 173 Delays beyond OWNER s and OWNERS 94 95 911 102 112 119 CONTRACTORS control 124 12 113 9 13 13 13 14 173 Notification of surety 105 OWNERS liability 55 Scope of change 103 104 OWNER may refuse to make payment 147 Change Orders Professional Fees and Court Costs Acceptance of Defective Work 13 13 Included 175 Amending Contract Documents 35 request for formal decision on 911 Cash Allowances 11 8 Substitute Items 6 71 2 Change of Contract Price 1 I Time Extension 121 Change of Contract Times 12 Time requirements 911 121 Changes in the Work 10 Unit Price Work 1193 CONTRACTORS fee 116 Value of 113 Cost of the Work 11 4 It 7 Waiver of on Final Payment 14 t4 14 15 Cost Records 117 Work Change Directive 102 definition of 19 written notice required 911 112 121 emergencies 623 Clarifications and Interpretations 363 94 911 ENGINEER s responsibility 98 104 112 121 Clean Site 6 17 execution of 104 Codes of Technical Society Organization Indem mfiction 612 616 631 633 or Association 3 3 3 Insurance Bonds and 510 5 13 105 Commencement of Contract Times 23 OWNER may terminate 152154 Communications OWNERS Responsibility 86 104 general 6 2 6 9 2 8 1 Physical Conditions Hazard Communication Programs 622 Subsurface and, 42 Completion Underground Facilities 432 Final Application for Payment 1412 Record Documents 619 Final Inspection 1411 Scope of Change 103 104 Final Payment and Acceptance 1413 14 14 Substitutes 673 68 2 Partial Utilization 1410 Unit Price Work 119 Substantial Completion 1 38 148 149 value of Work covered by 113 Waiver of Claims 14 15 Changes in the Work 10 Computation of Tunes 172 1 1722 Notification of surety IO 5 Concerning Subcontractors Suppliers OWNERS and CONTRACTORS and Others 68611 responsibilities 104 Conferences Right to an adjustment 102 initially acceptable schedules 29 Scope of change 103 104 preconstruction 28 Claims Conflict, Error Ambiguity Discrepancy against CONTRACTOR 6 Io CONTRACTOR to Report :5 3 3 2 against ENGINEER 632 Construction before starting by against OWNER 632 CONTRACTOR 2 5 2 7 Change of Contract Price 94 11 2 Construction Machinery Equipment etc 64 Change of Contract Times 94 121 Continuing the Work 629 104 CONTRACTORS 4 71 94 95 911 102 Contract Documents 11 2 11 9 12 1 13 9 148 Amending 35 15 1 155 173 Bonds � l EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances 11 8 Stop Work requirements 452 CONTRACTORS — Article or Paragraph Number Change of Contract Price 11 Change of Contract Times 12 Changes in the Work 104 105 check and verify 25 Clarifications and Interpretations 32 36 94 911 definition of 1 10 ENGINEER as initial interpreter of 911 ENGINEER as OWNER s representative 91 general3 Insurance 53 Intent 3 1 34 minor variations in the Work 36 OWNERS responsibility to furnish data 83 OWNER s responsibility to make prompt payment 83 144 1413 precedence 3 1 333 Record Documents Reference to Standards and Specifications of Technical Societies Related Work Reporting and Resolving Discrepancies 2 Reuse of Supplem enting Termination of ENGINEERS Employment Unit Price Work variations Visits to Site ENGINEER s Contract Price adjustment of 35 4 1 Change of Decision on Disputes definition of Contract Times adjustment of Change of Commencement of definition of CONTRACTOR Acceptance of Insurance Communications Continue Work coordination and scheduling definition of Limited Reliance on Technical Data Authorized Mav Stop Work or Term mate provide site access to others Safety and Protection 36 623 G7L' 33 72 33 37 36 82 11 9 627 92 94 103 112113 11 911 1 11 35 41 94 103 12 121124 23 1 12 5 14 62 692 629 104 692 1 13 422 155 72 132 4312 616 618 621 623 72 132 Shop Drawing and Sample Review Prior to Submittal 625 Article or Paragraph Number Compensation 11 1 11 2 Continuing Obligation 14 15 Defective Work 96 13 10-1314 Duty to correct defective Work 13 11 Duty to Report Changes in the Work caused by Emergency 623 Defects in Work of Others 73 Differing conditions 4 2 3 Discrepancy in Documents 25 3 3 2 6 142 Underground Facilities not indicated 432 Emergencies 623 Equipment and Machinery Rental Cost of the Work 11 4 5 3 Fee Cost Plus 11 4 5 6 115 1 11 6 General Warranty and Guarantee 630 Hazard Communication Programs 622 Indemnification 612 616 631633 Inspection of the Work 73 134 Labor Materials and Equipment 63 65 Laws and Regulations Compliance by 614 1 Liability Insurance 54 Notice of Intent to Appeal 910 104 obligation to perform and complete the Work 630 Patent Fees and Royalties paid for by 612 Performance and Other Bonds 5 1 Permits obtained and paid for by 613 Progress Schedule 26 28 29 66 629 104 1521 Request for formal decisionon disputes 911 Responsibilities Changes in the Work 101 Conceming Subcontractors Suppliers and Others 68611 (,ontinuing the Worn 629 104 CONTRACTORS expense 6 7 1 CONTRACTOR s General w arranty 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 673 For Acts and Omissions of Others 6 9 1 692 913 for deductible amounts insurance 59 general 6 72 73 89 Hazardous Communication Programs 622 Indemnification 631633 hi EICDC GENERAL CONDITIONS 1910 a (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor Materials and Equipment 63 65 CONTRACTORS other 7 Laws and Regulations 614 Contractual Liability Insurance 54 10 Liability Insurance 54 Contractual Time Limits 122 Article or Paragraph Article or Paragraph Number Number Notice of variation from Contract Coordination Documents Patent Fees and Royalties 627 CONTRACTORS responsibility 692 Permits 612 Copies of Documents Progress Schedule 6 to 66 Correction Period Correction Removal or Acceptance 13 12 Record Docum ents 619 of Defective Work related Work performed prior to in general 1041 13 10 13 14 ENGINEERS approval of required Acceptance ofDefecirve Work 13 13 submittals 628 Correction or Removal of safe structural loading 618 Defective Work 630 13 11 Safety and Protection 620 72 132 Correction Period 13 12 Safety Representative 62t OWNER May Correct Defective Work 1314 Scheduling the Work 692 OWNERMay Stop Work 1310 Shop Drawings and Samples 624 Cost Shop Drawings and Samples Review of Tests and Inspections 134 by ENGINEER 626 Records 117 Site Cleanliness 617 Cost of the Work Submittal Procedures 625 Bonds and insurance additional 114 � 9 Substitute Construction Methods Cash Discounts 1142 and Procedures 6 7 2 CONTRACTORS Fee l 1 6 Substitutes and Or Equal Items 6 7 1 Employee Expenses 11 4 5 1 Superintendence 62 Exclusions to 11 5 Supervision p b l General 11 4 115 Survival of Obligations 634 Home office and overhead expenses 115 Taxes Tests and Inspections 6 15 135 Losses and damages 11456 To Report Materials and equipment 1142 Use of Premises 6 16 6 18 2 5 6 30 2 4 Minor expenses Payroll costs on changes 11 4 5 8 Review Prior to Shop Drawing or performed by Subcontractors 11 4 1 1143 Sample Submittal 625 Records 11 7 Right to adjustment for changes in the Work 102 Rentals of construction equipment right to claim 4 7 1 9 4 9 5 9 11 10 2 11 2 and machinery 11453 119 12 1 13 9 14 8 15 1 15 5 173 Royalty payments, permits and Safety and Protection 620 622 72 132 license fees 11455 Safety Represerrtanve Shop Drawings and Samples Submittals 6 21 6 24 6 28 Site office and temporary facilities 11452 Special Consultants Special Consultants CONTRACTOR s 11 4 4 11 44 Substitute Construction Methods and Procedures 6 7 Supplemental Taxes related to the Work 1 l 4 5 Substitutes and Or Equal Items Tests and Inspection 11454 13 4 Expense 6 Subcontractors Suppliers and Others 7 1 6 7 2 6 8 611 Trade Discounts Utilities fuel and sanitary facilities 1142 Supervision and Superintendence 61 62 621 Work after regular hours 11457 11 4 1 Taxes Payment by Use of Premises 615 Covering Work 13 137 6 6 7 Warranties and guarantees 6 16 6 18 4 5 630 Cumulative Remedies C75 utting fitting and patching 13 13 Warranty of Title 143 Data, to be furnished by OWNER 72 8 3 Written Notice Required Day definition of 1722 CONTRACTOR stop Work or terminate 155 Decisions on Disputes 9 11 9 12 Reports of Differing Subsurface defective definition of 1 14 and Physical Condition* 423 defective Work Substantial Completion ha 148 Acceptance of 1041 13 13 GENERAL CONDITIONS 8 EDITION) ECI CITY w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) FIC ONS SECTION 00100 INSTRUCTIONS TO BIDDERS Correction or Removal of 104 1 13 It Correction Period 1312 in general 13 147 1411 Article or Paragraph Number Observation by ENGINEER OWNER May Stop Work Prompt Notice of Defects Rejecting Uncovering the Work Definitions Delays 4 1 629 Delivery of Bonds Delivery of certificates of insurance Detenn matrons for Unit Prices Differing Subsurface or Physical Conditions Notice of ENGINEERS Review Possible Contract Documents Change Possible Price and Times Ndjustments Discrepancies Reporting and Resolving 25 Dispute Resolution Agreement Arbitration generall6 Mediation Dispute Resolution Agreement Disputes Decisions by ENGINEER Documents Copies of Record 6 19 Reuse of Drawings definition of 92 1310 131 9b 138 1 123124 21 27 910 423 424 425 426 332 6142 to116o 16 1 16 5 166 161 166 911912 22 37 g l 15 Easements 41 Effective date of Agreement definition of l 16 Emergencies 623 ENGINEER as initial interpreter on disputes 911 9 12 definition of 1 17 Limitations on authority and responsibilities 9 13 Replacement of 82 Resident Project Representative 93 ENGINEERS Consultant definition 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 3 63 94 Decisions on Disputes 911 912 defective Work notice of 131 Evaluation of Substitute Items 673 Liability 632 912 Notice Work is Acceptable 141, Observations 6 30 2 92 OWNER s Representative 91 Payments to the CONTRACTOR Responsibility for 99 14 Recommendation of Payment j44 1413 Article or Paragraph Number Responsibilities Limitations on 9 11 9 13 Review of Reports on Differing Subsurface and Physical Conditions 424 Shop Drawings and Samples review responsibility 626 Status During Construction authorized variations in the Work 95 Clarifications and Interpretations 94 Decisions on Disputes 9 11 9 12 Determinations on Unit Price 910 ENGINEER as Initial Interpreter 9 11 9 12 ENGINEER s Responsibilities 91912 Limitations on ENGINEERS Authority and Responsibilities 913 OWNER s Representative 91 Project Representative 93 Rejecting Defective Work 96 Shop Drawings Change Orders and Payments 9 7 99 Visits to Site 92 Unit Price determinations 9 l0 Visits to Site 9 2 Written consent required 72 9 I Equipment, Labor Materials and 6 3 6 5 Equipment rental Cost of the Work 11 4 5 3 Equivalent Materials and Equipment 6 7 error or omissions 633 Evidence of Financial Arrangements 8 11 Explorations of physical conditions 42 1 Fee CONTRACTORS Costs Plus 116 Field Order definition of 1 19 issued by ENGINEER 36 1 95 Final Application for Payment 14 12 Final Inspection 14 11 Final Payment and Acceptance 1413 14 14 Prior to for cash allovences 118 General Provisions 173 174 General Requirements definition of 1 20 prmupal references to 26 64 6667 624 Giving Notice 171 Guarantee of Work by CONTRACTOR 630 1412 Hazard Communication Programs 622 Hazardous Waste definition of 1 21 general 45 OWNER s responsibility for 8l0 EJCDC GENERAL CONDMONS 1910 90990 EDIT10Nj W CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Indemnification 612, 616631633 Insurance 53 Initially Acceptable Schedules 29 Precedence 3 1 3 3 3 Inspection Reference to 3 3 t Certificates of 9 13 4 13 5 14 12 Safety and Protection 620 132 Final 1411 Subcontractors Suppliers and Others 6 8 6 11 Article or Paragraph Article or Paragraph Number N=her Special required byENGINEER 9 6 Tests and Inspections 13 5 Tests and Approval 87 13 3 134 Use of Premises 6 16 Insurance Visits to Site 9 2 Acceptance of by OWNER 5 14 Liability Insurance Additional required by changes CONTRACTORS 54 in the Work 114 5 9 OWNERS 55 Before starting the Work 17 Licensed Sureties and Insurers ) 3 Bonds and in general I Liens Cancellation Provisions 5 8 Application for Progress Payment 142 Certificates of 2 7 5 5 3 > 4 11 ) 4 13 CONTRACTORs Warranty of Title 143 5 6 5 1 8 5 14 9 13 4 14 12 Final Application for Payment 14 12 completed operations 54 13 definition of 123 CONTRACTORS Liability 54 Waiver of Claims 1415 CONTRACTORS objection to coverage 5 14 Limitations on ENGINEERS authority and Contractual Liability 54 10 responsibilities 913 deductible amounts CONTRACTORS Limited Reliance by CONTRACTOR responsibility � 9 Authorized 4 2 2 Final Application for Payment 14 12 Maintenance and Operating Manuals Licensed Insurers 53 Final Application for Payment 1412 Notice requirements material changes 58 105 Manuals (of others) Option to Replace 14 Precedence 3 3 3 1 other special insurances 5 10 Reference to in Contract Documents 3 J 1 OWNER as fiduciary for insureds 5 12 5 13 Materials and equipment OWNERS Liability 55 furnished by CONTRACTOR 63 OWNERS Responsibility 83 not incorporated in Work 142 Partial Utilization Property Insurance 5 15 Materials or equipment equivalent 67 Property 56 5 10 Mediation (Optional) 167 Receipt and Application of Insurance Milestones definition of 1 24 Proceeds 5 12 5 13 Miscellaneous Special Insurance 5 10 Computation of Times 172 Waiver of Rights 5 11 Cumulative Remedies 174 Intent of Contract Docum ents 3 1 3 4 Giving Notice 171 Interpretations and Clarifications 3 6 3 94 Notice of Claim 173 Investigations of physical conditions 42 Professional Fees and Court Costs Included 175 Labor Materials and Equipment 6 3 6 5 Multi prince contracts 7 Lands Not Shown or Indicated 4 3 2 and Easements 8 4 Notice of Availability of 41 84 Acceptability of Project 14 13 Reports and Tests 84 Award definition of 125 Laws and Regulations- Laws or Regulations Claim Bonds 1 52 Defects 13 1 173 Changes in the Work 104 Differing Subsurface or Physical Conditions 4 2 3 Contract Documents 3 1 Giving 171 CONTRACTOR s Responsibilities 614 Correction Period defective Work 13 12 Tests and Inspections 133 Cost of the Work taxes 11454 Variation, Shop Drawing and Sample 627 definition of 122 Notice to Proceed gencra16 14 definition of 1 26 Indemnification 631 633 giving of o 3 x EJCDC GENERAL CONDITIONS S ONSn REv9/EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (ItEV 9/99) FIC Notification to Surety 105 Observations by ENGINEER 630 92 Occupancy of the Work 5 15 6 30 2 4 14 10 Omissions or acts by CONTRACTOR 69 913 Open Peril policy form Insurance 562 Option to Replace 5 14 Article or Paragraph Number Or Equal Items 67 Other work 7 Overtime Work prohibition of 63 OWNER Acceptance of defective Wort. 13 13 appoint an ENGINEER 82 as fiduciary 5 12 3 13 Availability of Lands responsibility 41 definition of 127 data furnish 83 May Correct Defective Work 1314 May refuse to make payment 147 May Stop the Work 13 10 May Suspend Work Terminate 88 13 10 U 1 l5 4 Payment make prompt 83 144 14 13 performance of other work 71 permits and licenses requirements 613 purchased insurance requirements 6 � 10 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 W ork communications CONTRACTOR s responsibilities evidence of financial arrangements inspections tests and approvals insurance lands and easements Prompt payment by replacem ent of ENGINEER reports and tests 6302 s 86 104 81 74 911 87 134 55 13 1 stop or suspend Work 88 13 10 term mate CONTRACTOR s M 8 10 86 101 81 89 8 11 87 85 84 83 82 84 151 services 88 152 separate representative at site 93 testing independent use or occupancy of the Work written consent or approval required 134 515 63024 1410 91 63 114 E1CDC GENERAL CONDITIONS 1910 a (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number written nonce required 71 94 911 112 11 9 147 154 PCBs definition of 1 29 general 45 OWNERS responsibility for 810 Partial Utilization definition of 128 general 6 30 2 4 1410 Property Insurance 15 Patent Fees and Royalties 612 Payment Bonds 5 1 5 2 Payments Recommendation of 144147 1413 Payments to CONTRACTOR and Completion Application for ProgressPayments 142 CONTRACTORS Warranty of Title 143 Final Application for Payment 1412 Final Inspection 1411 Final Payment and Acceptance 1413 1414 general 83 14 Partial Utilization 1410 Retamage 142 Review of Applications for Progress Payments 144147 prompt payment 83 Schedule of Values 141 Substantial Completion 148 149 Waiver of Claims 1415 when payments due 144 1413 withholding payment 147 Performance Bonds 5 15 2 Perm its 6 13 Petroleum definition of 130 general 45 OWNER s responsibility for 8 10 Physical Conditions Drawings of in or relating to 4 2 1 2 ENGINEER s review 424 existing structures 4 2 2 general 2 12 Notice of Differing Subsurface or 423 Possible Contract Docum ents Change 425 Possible Price and Times Adjustments 426 Reports and Drawings 42 1 Subsurface and 42 Subsurface Conditions 4211 Technical Data Limited Reliance by CONTRACTOR Authorized 422 Underground Facilities general 43 Not Shown or Indtaed 432 Protection of 43 620 cn Article or Paragraph Number Shown or Indicated 43 1 Technical Data 422 Preoonstruetion Conference 28 Preliminary Matters 2 Preliminary Schedules 26 Premises Use of 6166 18 Price Change of Contract I I Price Contract definition of I I I Progress Payment, Applications for 142 Progress Payment retamage 142 Progress schedule CONTRACTORS 26 2 8 29 66 629 104 U 2 1 Project definition of 131 Project Representative ENGINEERS Status During Construction 93 Project Representative Resident definition of 133 prompt payment by OWNER 83 Property Insurance Additional 7 genera15 6 5 10 Partial Utilization 51s 14 10 2 receipt and application of proceeds 12 5 13 Protection Safety and 620621 132 Punch list 14 11 Radioactive Material defmtion of 1 32 general4 � OWNERS responsibility for 8 10 Recommendation of Payment 144 145 14 13 Record Documents 619 14 12 Records procedures tot maintaining 28 Reference Points 44 Reference to Standards and Specifications of Technical Societies 33 Regulations Laws and (or) 6 14 Rejecting Defective Work 96 Related Work at Site 71 73 Performed prior to Shop Drawings and Samples submittals review 628 Remedies cumulative 174 175 Removal or Correction ofDefechve Work 13 11 rental agreements OWNER approval required 114 5 3 replacement of ENGINEER, by OWNER 82 Reporting and Resolving DiscrepanLIeS 15 3 3 2 6 142 Reports and Drawings 4 2 1 and Tests OWNER s responsibility 84 Resident and Project Representative definition of 1 33 provision for 93 E1CDC GENERAL CONDITIONS 1910 8 0990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99j Article or Paragraph Number Resident Superintendent CONTRACTORS 62 Responsibilities CONTRACTORS in general 6 ENGINEER s in general 9 Limitations on 913 OWNERS in general 8 Retamage 142 Reuse of Documents 37 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal 625 Review of Applications for Progress Payments 144 147 Right to an adjustment 102 Rights of Way 41 Royalties Patent Fees and 612 Safe Structural Loading 618 Safety and Protection 4 3 2 6 16 6 18 620621 72 132 general 620 623 Representative CONTRACTORS 621 Samples definition of 1 34 general 624 628 Review by CONTRACTOR 625 Review by ENGINEER 626 627 related Work 628 submittal of 6 24 2 submittal procedures 621 Schedule of progress 26 28 29 66 629 104 1521 Schedule of Shop Drawing and Sample Submittals 2 6 2 8 2 9 6 24 6 28 Schedule of Values 26 28 29 141 Schedules Adherence to 1521 Adjusting 66 Change of Contract Times 104 Initially Acceptable 28 29 Preliminary 26 Scope of Changes 103 104 Subsurface Conditions 42 11 Shop Drawings and Samples general 6 24 6 28 Change Orders & Applications for Payments and 9799 definition of 135 ENGINEER s approval of 362 ENGINEER s responsibility for review 97 624628 related Work 628 review procedures 2 8 624 628 xw Article or Paragraph Number submittal required 624 1 Submittal Procedures 625 use to approve substitutions 6 7 3 Shown or Indicated 4 3 1 Site Access 7 2 132 Site Cleanliness 617 Site Visits to by ENGINEER 92 132 by others 13 2 special causes of loss policy form insurance � 6 2 definition of 136 Specifications def naion of 136 of Technical Societies reference to 3 3 1 precedence 3 3 3 Standards and Specifications of Technical Sowettes 3 3 Starting Construction Before 25 2 8 Starting the Work 2 4 Stop or Suspend Work by CONTRACTOR 155 by OWNER 8 8 13 10 151 Storage of materials and equipment 41 72 Structural Loading Safety 6 18 Subcontractor — Concerning 68611 definition of l j7 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 14 12 Procedures 625 Progress Schedules 26 29 Samples 6 24-6 28 Schedule of Values 26 141 Schedule of Shop Drawings and Samples Submissions 16 28 29 Shop Drawings 624 628 Substantial Completion certification of 63023 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 E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF PORT COLLINS MODIFICATIONS (REV 9/99) Temporary construction facilities 41 Article or Paragraph Article or Paragraph Number Number or Procedures 6 7 2 Termination Substitute Items Subsurface and Physical Conditions 67 12 by CONTRACTOR 15 5 Drawings of in or relatng to 42 12 by OWNER of ENGINEER s employment 88 15 1 15 4 ENGINEERS Review 4 2 4 Suspension of Work in general 8 2 15 general Limited Reliance by CONTRACTOR 4 2 Terms and Adjectives g q Tests and Inspections Authorized Notice of Differing Subsurtace or 4 2 2 Access to the Work, by others 13 2 Physical Conditions CONTRACTORS responsibilities 13 5 Physical Conditions 423 42 12 cost of 13 4 covering Work prior to 13 6 13 7 Possible Contract Documents Change 4 2 D Laws and Regulations (or) 135 Possible Price andTimes Adjustments 426 Notice of Defects Reports and Drawings 4 2 1 OWNER May Stop Work 13 l 13 10 Subsurface and Subsurface Conditions the Site 42 OWNER independent testing 134 at Technical Data 4 2 1 1 special required by ENGINEER 96 Supervision 4 2 2 tint ely notice required 13 4 CONTRACTOR s responsibility6 1 Uncovering the Work, at ENGINEERS OWNER shall not supervise 8 9 request Times 13 8 13 9 ENGINEER shall not supervise 92 9 13 2 Adjusting 6 0 Superintendence 6 2 Change of Contract 12 Superintendent CONTRACTORS resident 6 2 Computation of Supplemental costs 11 4 5 Contract Times definition of 17 2 12 Supplementary Conditions day definition of 1 39 Milestones 1722 12 principal references to 110 118 22 27 Requirements 42 43 51 53 54 5659 appeals 910 16 5 11 6 8 6 13 74 8 11 93 9 10 clarifications Supplementing Contract Documents 36 claims and disputes 911 11 2 12 Supplier definition of Commencement of Contract Times 23 principal references to 3 7 6 5 6 1 40 8 6 11 6 20 Preconstruction Conference schedules 2 8 624 913 1412 Starting the Work 2 6 2 9 6 6 2 q Waiver of lights 611 Title Warranty of 143 Surety consent to final payment 1412 1414 Uncovering Work Underground Facilities Physical Conditions 13 8 13 9 ENGINEER has no duty to 9 13 definition of 1 41 Notification of 10 qualification of 1 105 15 2 Not Shown it Indicated 432 Survival of Obligations 5 1 5 3 634 protection of Shown or Indicated 4 6 20 Suspend Work, OWNER May 13 10 15 1 Unit Price Work q g 1 Suspension of Work and Termination 19 claims CONTRACTOR May Stop Work defimhon of 1193 or Term mate 155 generall1 9 14 1 14 5 142 OWNER May Suspend Work 151 Unit Prices OWNER May Terminate 152154 general 1131 Taxes- Payment by CONTRACTOR 6 15 Determination for Iechnical Data Limited Reliance by CONTRACTOR 422 Use of Premises 6 16 6 q 10 18 6 30 2 4 Possible Price and Times Adjustments 426 Utility owners 6 13 6 20 7 1 7 3 13 2 Utilization Partial Reports of Differing Subsurface and 128 5 15 6 302 Value of the Work 4 14 10 Physical Conditions x1v 4 2 3 11 3 Values Schedule of 26 2 8 2 9 141 EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) W CITY OF FORT COLONS MODIFICAnoNs (REV 9199) Variations in Work Minor Authorized 625 627 95 Article or Paragraph Number Visits to Site by ENGINEER 92 Warver of Clamts on Final Payment 14 15 Waiver of Rights by insured parties 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 155 Coordination of 74 Cost of the 11 4 115 definition of 1 43 neglected by CONTRACTOR 1314 other Work 7 OWNER May Stop Work 1310 OWNER May Suspend Work 13 10 I� 1 Related, Work at Site 7 1 7 3 Starting the 24 Stopping by CONTRACTOR 15 Stopping by OWNER 1 ) 1 154 Variation and deviation authorized, minor 36 Work Change Directive clams pursuant to 102 definition of 144 principal references to 35 3 10 1 102 Written Amendment definition of 145 principal references to 1 10 3 5 5 10 15 12 662 682 619 101 104 112 121 13122 1472 Written Clarifications and Interpretations 3 6 3 94 911 Written Notice Required by CONTRACTOR 71 9 10 9 11 104 112 121 by OWNER 910911 104 112 1314 E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION w! CITY OF FORT COLLINS MODIFICATIONS (REV 9199) (This page left blank intentionally) xh EICCC GENERAL CONDITIONS 1910 S (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1 DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 11 Addenda Written or graphic uutnuctits issued prior to the opera% of Bids which clarity correct or change the Bidding Requirements or the Contract Documents 1 2 4greement—The written contract between OWNER and CONTRACTOR covering the Work to be perforated other Contract Documents are attached to the Agreement and made a part thereof as provided therein 13 Appheation for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents 1 4 Asbestos Any material that comams more than one percent asbestos and is friable or is releasing asbestos fibers into the au above current action levels established by the United States Ocoapanonal Safety and Health Administration 1 5 Bid —The offer or proposal of the bidder submitted on the prescribed Form setting forth the prices for the Work to be performed 16 Bidding Documents —The advertisement or MVIUAI n to Bid instructions to bidders, the Bid form and the proposed Contract Documents (mcludmg an Addenda issued prior to receipt of Bids) 17 Boddmg Requirements The advertisement or invitation 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 —The Agreement, Addenda (which pertain to the Contract Documents) CONTRACTORS Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to proceed, the Bonds these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 19104 (1990 Ed,(,®) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4a000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Dmectives, Field Orders and ENGINEERS written interpretations and clanficanons 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 dmwmgs referred to in paragraphs 4 2 1 and 4 2 2 are not Contract Documents I11 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 of Unit Price Work) 112 Contract Tomes —The numbers of days or the dates stated in the Agreement (1) to achieve Substantial Completion and (it) to complete the Work so that it is ready for final payment as evidenced by ENGINEERS written recommendation of final payment in accordance with paragraph 14 13 1 13 CONTRACTOR The person, firm or corporation with whom OWNER has entered into the Agreement 1 14 defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any mspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEERS recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14 8 or 14 10) 1 U Drawings The drawings wlmch show the scope extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents Shop dmwmgs are not Drawings as so defined 116 Ejfechve Date of the 4greement—The date indicated in the Agreement on which it becom es effective but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver 117 ENGINEER —The person, firm or corporation named as such in the Agreement 1 18 ENGINEER s Consultant A person, firm or corporation having a contract with ENGINEER to f ara h services as ENGINEERS independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Condruem 119 Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9 5 but which does not involve a change in the Contract Price or the Contract Tunes 120 General Requirements —Sections of Division 1 of the Specifications 121 Hazardous Wasle—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Oct (42 USC Section 6903) as amended from time to time 1 22 a Laws and Regulations Laws or Regulations Any and all applicable laws, rules regulations, ordinances codes and orders of any and all governmental bodies, agencies, authorities and courts having junsdiction 1 22 b Legal Holidays shall be those holidays observed by the City of Fort Collins 123 Liens Liens, charges, security interests or encumbrances upon real property or personal property 124 Milestone A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work 125 Notice ofAward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therem, within the time specified OWNER will sign and deliver the Agreement 126 Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to 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 Uhh anon Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 129 PCBs —Polychlorinated biphenyls 130 Petroleum Petroleum including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14 7 pounds per square inch absolute) such as oil Petroleum fuel oil, oil sludge oil refuse gasoline kerosene and oil mixed with other non Hazardous Wastes and crude oils 131 Project --The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents 132 a Radioactive Matenal—Source spedaal nuclear or byproduct material as defined by the Atomic Energy Act of ErCDC GENERAL CONDITIONS 1910 a p990 Edstim) wt CRY OF FORT COLLINS MODIFICATIONS IREV 42000) 1954 (42US(' Section 2011 et seq) as amended from time to time 1 32 b Rernlar Workme Hours Regular work_ hours are defined as 7 uu m to 6 OOom unless otherwise Swulu d in the General Requirements 133 Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof 134 Samples —Physical examples of materials egmpment or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 135 Shop Drawings All drawings, diagrams illustrations, schedules and other data or mformation which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to Illustrate some portion of the Work 136 Specifications —Those portions of the Contract Documents consisung of written technical descriptions of materials, equipmem, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto 1 37 Subcontractor An individual firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site 138 Substantial Completion The Work (or a specified part thereof) has progressed to the point where in the opinion of ENUMER as evidenced by ENGINEERS definitive certificate of Substantial Completion, It is sufficiently complete in accordance with the Contract Documents so that the Work (or specified Part) can be utilized for the purposes for wluch it is intended or if no such certificate is issued( when the Work is complete and ready for final payment as evidenced by ENGINEERS written recommendation of final payment in accordance with paragraph 14 13 The terms substantially complete and substantially completed as applied to all or part of the Work refer to Substantial Completion thereof 139 Supplementary Condihons—The part of the Contract Documents wluch amends or supplements these General Conditions 140 Snppher--A manufacturer fabricator supplier distributor matenalman or vendor having a direct contract With CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor 141 Underground Facihhes—All pipelines, conduits ducts, cables wires manholes vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or SECTION 00100 INSTRUCTIONS TO BIDDERS 1 0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No 1910-8, 1990 ed ) have the meanings assigned to them in the General Conditions The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) 2 0 COPIES OF BIDDING DOCUMENTS 2 1 Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid No partial sets will be issued The Bidding Documents may be examined at the locations identified in the Invitation to Bid 2 2 Complete sets of Bidding Documents shall be used in preparing Bids neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents 2 3 The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed 2 4 OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use 3 0 QUALIFICATION OF BIDDERS 3 1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract The Statement of Qualifications shall be prepared on the form provided in Section 00420 Rev 10/20/07 Section 00100 Page 1 matenals electricity gases, steam liquid petroleum Products, telephone or other communications, cable television sewage and drainage removal, traffic or other control systems or water 142 Unit Price Work —Work to be paid for on the basis of unit prices 143 Work The entire completed construction or the vanous separately identifiable parts thereof required to be furnished under the Contract Documents Work mcludes and is the result of performing or furnishing labor and farrus}nrig and incorporating materials and equipment into the construction, and performing or famishing services and furnishing documents, all as required by the Contract Documents 144 Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differmg or unforeseen physical conditions under which the Work is to be Performed as provided in paragraph42 or 43 or to emergencies under paragraph623 A Work Change Directive will not change the Contract Price or the Contract Times, but is 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 negotiations by the parties as to its effect, if any on the Contract Price or Contract Times as provided in paragraph 10 2 145 Written Amencbnent A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengmeenng or nontechnical rather than strictly construction related aspects of the Contract Documents ARTICLE 2—PRELIMINARY MATTERS Delivery of Bondi 21 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5 1 Copies of Documents 22 OWNER shall tarnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work Additional copies will be fummshed, upon request, at the cost of reproduction Lommencemem ofConimet Times Notice to Proceed 23 The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or EJCDC GENERAL CONDITIONS 1910-8 (1990Ednm) wi CITY OF FORT COLLINS MODIFICATIONS (REV 4T10o0) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed A Nonce to Proceed may be given at MY time within thirty days after the Effective Date of the Agreement ile in efBid z�m��-rrruve-nacx • ".raw-irear.xr- Starting the Work 24 CONTRACTOR shall start to perform the Work on the date when the Contract Tunes commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction 25 Before undertaking each part of the Work CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby however CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict error ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 26 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements) CONTRACTOR shall submit to ENGINEER for review 261 a preliminary progress schedule indicating the tunes (numbers of days or dates) for starting and completing the various stages of the Work, mchidmg any Milestones specified in the Contract Documents 262 a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the tunes for submitting reviewing and processing such submittal 2621 In no case will a schedule be acceptable w}uch allows less than 2l calendar days for each review by Encineer 263 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component pans in suffictent 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 is started CONTRACTOR atid-9;V?MR shall eaeh deliver to the What OWNER, with coplea to ffl.h -era• ENGINEER certificates of msurance (and other evidence of insurance reasenaaty—request re uested OWNER which CONTRACTOR ad ^e:n to WNo is required to purchase and maintain in accordance with Paragraphs 5 4-3-`o-and 5 Preconstmehon Conference )8 Within twenty days after the Comma Times start to run, but before any Work at the site Is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2 6 Procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records IndwQy Acceptable Schedules 29 L iless otherwise provided in the Contract Documents, at !ea' tes I pint,,.,...,._ c._ n,,..._ �..-A.--=-�n..� before anv work at the site 6eems, a conference attended by CONTRACTOR ENGINEER and others as appropriate designated by OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 26 and Division 1 General Requirements CONTRACTOR shall have an addttional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither appose on ENGINEER responsibility for the sequencing scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTORS full responsibility therefor CONTRACTORS schedule of Shop Drawing aril Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTORS schedule of values will be acceptable to 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 is called for by one N as binding m of called for by all The Contract Documents will be construed in accordance with the law of the place of the Project 32 It is the intent of the Contract Documents to E1CDC GENERAL CONDITIONS 1910 a 0990 Edam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4a000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prey ailing custom or trade usage as being required to produce the intended result will be furnished and Performed whether or not specifically called for When words or phrases which have a well known technical or construction industry or trade meaning are used to describe Work materials or equipment, such words or phrases shall be interpreted in accordance with that meaning Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER m provided in paragraph 9 4 33 Reference to Standards and Specifications of Technical Societies Reporhng and Resolving Discrepancies 331 Reference to standards specifications manuals or codes of any technical society organization or association, or to the Laws or Regulations of any governmental authority whether such reference be specific or by triplication, shall mean the latest standard, specification, manual code or Laws or Regulations in effect at the time of opening of Bids (or on the Effxnve Date of the Agreement if there were no Bids) except as may be otherwise specifically stated in the Contract Documents 332 If during the performance of the Work CONTRACTOR discovers any concha, error ambiguity or discrepancy, within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulanon applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6 5 CONTRACTOR shall report it to ENGINEER in writing at once and CONTRACTOR shall not Proceed with the Work affected thereby (eecept in an emergency as authorized by paragraph 623) until an amendment or suppplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3 5 or 3 6 provided, however that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have kricam thereof 333 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3 ) or 3 6 the Provisions of the Contract Documents shall take precedence in resolving any conflict, error ambiguity or discrepancy between the provisions of the Contract Documents and 3 3 3 1 the provisions of any such standard specification, martial, 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 or Regulations applicable to the performance of the Work (unless such an interpretation of the Provisions of the Contract Documents would result in violation of such Law or Regulation) No provision of any such standard specification, manual code or instruction shall be effective to change the duties and responsibilities of OWNER CONTRACTOR or ENGINEER or any of their subcontmews, consultants agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER ENGINEER or any of ENGINEERS Consultants, agents or employees any duty or authority to supervise or direct the tarnishing or performance of the Work or an} duty or authority to undertake responsibility inconsistent with the Provisions of paragraph 9 13 or any other provision of the Contract Documents 34 Whenever in the Contract Documents the terms as ordered as directed as required as allowed as approved or terms of like effect or Import are used or the adjectives reasonable suitable aLceptable proper or satisfactory or adjectives of like effect or Import are used to describe a requirement, direction, review or Judgment of ENGINEER as to the Work it Is intended that such requaemem, direction, review or judgment will be solely to evaluate in general, the completed Work for compliance with the requirements of and information inthe Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise) The use of any such tern or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the Provisions of paragraph 9 13 or any other provision of the Contract Documents Amend irg and Supplementing Contract Documents 3 � The Contract Documents may be amended to Provide for additions, deletions and revisions In the Work or to modify the terms and conditions thereof in one or more of the following ways 35 1 a formal Written Amendment 3 5 2 a Change Order (pursuant to paragraph 10 4) or EJCDC GENERAL CONDITIONS 1910E (1990 Echn®) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 3 5 3 a Work Change Directive (pursuant to paragraph 101) 36 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authonmd in one or more of the following ways 3 6 1 A Field Order (pursuant to paragraph 9 5) 362 ENGINEER s approval of a Shop Drawing or Sample (pursuant to paragraphs 6 26 and 6 Tn or 3 6 3 ENGINEERS written Interpretation or clarification (pursuant to paragraph 9 4) Reuse of Documents 37 CONTRACTOR, and any Subcontractor or Supplier or other person or argaramtion performing or furnishing any of the Work under a direct or indirect contract with OWNER (I) shall not have or acquire any title to or ownership rights many of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEERS Consultant, and (it) shall not reuse any of such Drawings Specifications other documents or copies on extensions of the Project or any other project without wrnten consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4- AVAILABILITY OF LANDS SUBSURFACE AND PHYSICAL CONDITIONS REFERENCE POINTS 4vadabibry of Lands 41 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be Performed rights -of way and easements for access thereto and such other lands which are designated for the use of CONTRACTOR eiishl�v "a 9WDA Shall c —._v r of OF filing OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work Easements for permanent structures or permanent changes in e ttng facilities wilt be obtained and paid for by OWNER unless otherwise provided in the Contract Documents If CONTRACTOR and OWNER we unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNERS furnishing these lands, rightsof way or easements, CONTRACTOR may make a claim therefor as provided in Articles I and 12 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment 42 Subsurface andPhysacal Conditions 42 1 Reports and Drawings Reference is made to the Supplementary Conditions for identification of 4 2 1 1 Subsurface Conditions Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents and 4 2 1 2 Physical Conditions Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents 4 2 2 Limited Reliance by CONTRACTOR Audnon ed Technical Data CONTRACTOR may rely upon the general accuracy of the technical data i,ontained in such reports and drawings, but such reports and drawings are not Contract Documents Such technical data is identified in the Supplementary Conditions Except for such reliance on such technical data CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER s Consultants with respect to 4 2 2 1 the completeness of such reports and drawings for CONTRACTORS 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 opinions and information contained in such reports or shown or indicated in such drawings, or 4223 any CONTRACTOR interpretation of or conclusion drawn from any technical data or airy such data interpretations, options or information 4 2 3 Notice of Dtermg Subsurface or Physical Conditions If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either 4231 is of such a nature as to establish that any technical data on which CONTRACTOR cs entitled to rely as provided m 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 materially from that shown or EJCDC GENERAL CONDITIONS I910-S (1990 F,dnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 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 promptly Immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph623) wtifv OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so 424 ENGINEERS Review ENGINEER will Promptly review the pertinent conditions, determine the necessity of OWNERS obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER, findings and conclusions 425 Possible Contract Documents Change If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4 2 3 a Work Change Directive or a Change Order will be issued as Provided in Article 10 to reflect and document the consequences of such change 426 Possible Price and Times 44,,bnents An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTORs cost of or time required for performance of, the Work subject however to the following 4 2 6 I such condition must meet any one or more of the categories described in paragraphs 4 2 3 1 through 4 2 3 4 reclusive 4262 a change In the Contract Documents Pursuant to pimagmph 421 will not be an automatic authorization of nor a condition precedent to entitlement to any such Austinent, 4263 with respect to Work that is paid for on a Unit Rice Basts, any adjustment in Contract Rice will be subject to the provisions of Paragraphs 9 10 and 119 and 4264 CONTRACTOR shall not be entitled to any adjustment in the Contract Rice or Times if 42641 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Tunes by the submission of a bid or becoming bound under a negotiated contract or 42642 the existence of such condition could reasonably have been discovered or revealed as a result of any exammation, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTORS making such fmal commitment or 42643 CONTRACTOR failed to give the written notice within the time and as required by paragraph 4 2 3 If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12 However OWNER ENGINEER and ENGINEERS Consultants shall not be liable to CONTRACTOR for any claims costs, losses or damages sustained by CONTRACTOR on or in connection with anv other project or anticipated project 43 Physical Candlhans—Underground Facabnes 43 1 Shoan or Incbcated The information and data shown or Indicated in the Contract Documents with respect to existuig Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions 4 3 1 1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such reformation or data and 43 12 The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for (1) reviewing and chftkmg all such information and data (u) locating all Underground Facilities shown or indicated in the Contract Documents,(iu) coordination of the Work with the owners of such Underground Facilities during construction, and (rv) the safety and protection of all such Underground Facilities as provided in paragraph620 and repairing any damage thereto resulting from the Work 4 3 2 Not Shoan 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, premptiy unmediately after becoming aware thereof and before further disturbing conditions affected thereby or Performing any Work in connection therewith (except m an emergency as required by paragmph 6 23) identify the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 19104 (1990ENuem w/ CITY OF FORT COLLINS MODIFICATIONS (REV 420M) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Dvechve or a Change Order will be issued as provided in Article 10 to reflect and document such consequences During such time CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6 20 CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Tunes, CONTRACTOR may make a clam[ therefor as provided in Articles 1 I and 12 However OWNER ENGINEER and ENGINEERS Consultants shall not be liable to CONTRACTOR for any clams. costs, losses or damages incurred ,- sustained by CONTRACTOR on or in connection with any other projector anticipated project Reference Points 44 OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEERS judgment are necessary to enable CONTRACTOR to proceed with the Work CONTRACTOR shall be responsible for laying out the Work shall protect and preserve the established reference Points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point Is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of Such reference points by professionally qualified personnel 45 Asbestos PCBs Petroleum Hazardous Waste or Radroactrve Matenal 451 OWNER shall be responsible for any Asbestos, PCBs, Petroleum Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or Identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or Property exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors Suppliers or anyone else for whom CONTRACTOR is responsible ARTICLE 5- BONDS AND INSURANCE Performance Payment and Other Bonds 5 1 CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTORS obligations under the Contract Documents These Bonds shall remam in effect at least until one year after the date when final payment becomes due except as provided otherwise by Laws or Regulations or by the Contract Documents CONTRACTOR shall also furnish such other Bonds m are required by the Supplementary Conditions All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Remsurtng Companies as published in Circular 570 (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 furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its rtght to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 1 CONTRACTOR shall within ten days thereafter substitute another Bond and surety both of which must be acceptable to OWNER 53 Licensed Surehes and Insurers Certificates of Insurance 53 1 All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance compamcs that are duly licensed or authon&d in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions 532 CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions certificates of insurance (and other evidence of insurance requested by OWNER or any oilier additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5 4 0R44ERsting addt& 1 um, red ' ....a_d req,umd e pfflmva_h < < EXEC GENERAL CONDITIONS 1910 & (1990 Ednm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) CONTRACTOR s Liability Insurance 54 CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out Of or result from CONTRACTORS performance and furnishing of the Work and CONTRACTORS other obligations under the Contract Documents, whether it Is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work or by anyone for whose acts any of them may be liable 54 1 clams under workers' compensation, disability benefits and other smillar employee benefit acts 542 clams for damages because of bodily injury occupational sickness or disease or death of CONTRACTORS employees 543 clams for damages because of bodily injury sickness or disease or death of any person other than CONTRACTORS employees 545 claims for damages other than to the Work itself because of injury to or destruction of tangible property wherever located including loss of use resulting therefrom and 5 4 6 clams for damages because of bodily injury or death of any person or property damage artsmg out of the ownership maintenance or use of any motor vehicle The policies of insurance so required by this paragraph 5 4 to be purchased and maintained shall 5 4 7 with respect to Insurance required by paragraphs 5 4 3 through 5 4 6 inclusive and 5 4 9 include as additional insureds (subject to any customary exclusion in respect of professional Lability) OWNER, ENGINEER ENGINEERS Consullrants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional msureds, and include coverage for the respective officers and employees of all such additional insureds 5 4 8 include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater 5 4 9 include completed operations Insurance EXEC GENERAL CONDITIONS I9I0-8 (1990 Editt.) -1 CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 5 4 10 include contractual liability insurance covering CONTRACTORS indemnity obligations under paragraphs 6 12 6 16 and 6 31 through 6 33 5 411 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 nonce has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance famished by the CONTRACTOR pursuant to paragraph 5 3 2 will so provide) 5 412 team in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting removing or replacing defective Work in accordance with paragraph 13 12 and 5 4 13 with respect to completed operations insurance and any insurance coverage written on a clamts-made basis, remain in effect for at least two Years after final payment (and CONTRACTOR shall furnish OWNER and each other additional msured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional Insured of continuation of such insurance at final payment and one year thereafter) OVVF,R sLiabtbty Insurance 5 ) 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 claims which may arise from operations under the Contract Documents Property Insurance 59 OWNER shall not be responsible for purchasmg and mamtammg any property insurance to protect the mterests of CONTRACTOR Subcontractors or others m dt f _ - e __i..Y _-.___ .. _ l_=L._.....L J..YI. J QwAw ord Br Vflti2t}—Am PRdn1A 3F FHBI—FB 10 EJCDC GENERAL CONDITIONS 19108(1990 Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) cnr^�L cnr^_rnrc _. _ _ Receipt andApphcahon ojlnmmnce Proceeds 5 12 Any insured loss under the policies of insurance required by paragraphs 5 6 and 5 7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as thew interests may appear subject to the requirements of any applicable mortgage clause and of paragraph 513 OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment 513 OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the Parties in Interest shall object in writing within fifteen days after the occurrence of loss to OWNERS exercise of this power If such objection be made. OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached OWNER as fiduciary shall adjust and settle the loss with the insurers .r flitffe �* r Acceptonce OfBondr and Insurance Option to Replace � 14 If OWNER has any objection to the coverage afforded by or other provisions of the Beii j - insmance required to be purchased and maintained by the—� CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents the OWNER will Mt, CONTRACTOR in writing within ten fifteen days after receipt delivery of the certificates (e Atke-- dense regaested) [o OWNER as required by Paragraph 27 atl �axea Perhol I/hbmhon—Property Insurance 5 15 If OWNER finds it necessary to occupy or use a Portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 E&IM) w CITY OF FORT COLLINS MODIFICAnows (REV 42000) Completion of all the Work such use or occupancy may be accomplished in accordance with paragraph 14 10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby The Insurers providing the property insurance shall consent by endorsement on the policy or policies but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or Occupancy ARTICLE 6—CONTRACTOR S RESPONSIBILITIES Supervision and Superintendence 61 CONTRACTOR shall supervise Inspect and direct the Work competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents CONTRACTOR shall be solely responsible for the means, methods, techniques sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence Of others in the design or specification of a 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 supermendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances The superintendent will be CONTRACTORS representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor MatenalsandEquipment 63 CONTRACTOR shall provide competent, suitably quahfied personnel to survey lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all tunes maintain good disciplme and order at the site Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto and except w otherwise indicated in the Contract Documents all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday Sunday or any legal holiday without OWNERS written consent given Otter prior written nonce to ENGINEER CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be rxrforted on Saturday Sunday HORMYS or outside the Regular Working Hours Ut 64 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor transportabon construction equipment and machinery tools, apphances, fuel, power light heat, telephone water sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the fumvshuig Performance testing start up and completion of the Work 641 Purchas+ng Restrictions CONTRACTOR must comply with the CINs purchast restrictions A COPY of the resplutlons are available for review in the offices of the Purchas+rig and Risk Management Division or the City Clerk s office 642 Cement Restrictions CAV of Fort Collins Resolution 91 l2l rewires that suooliers and producers Of cement or roducts containing cement to cerhty that [he cement was not made ui 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 Contract Documents All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment All materials and equipment shall be applied, Installed, connected, erected used, cleaned and conditioned in accordance with instructions of the apphoibte 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 m E may be adjusted from time to time as provided below 66 1 CONTRACTOR shall submit to ENGEVEER for acceptance (to the extent indicated in paragraph 29) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones) Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto 662 Proposed adjustments in the progress schedule that will charge the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12 I Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12 6.7 SubstUuresand Or Equal Items 6 7 1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the specification or description IS intended to establish the type function and quahty required Unless the specification or description 12 EtCDC GENERAL CONDITIONS 19108(1990Edmm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) contaus or is followed by words reading that no like equivalent or or equal item or no substitution Is Permitted other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the follow,% circumstances 6711 Or Equal If in ENGINEERS sole discretion an item of material or equipment Proposed by CONTRACTOR is functionally equal to that named and Sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an or -equal item in which case review and approval of the proposed item may in ENGINEERS sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed Substitute items 6 7 12 Substitute Items If in ENGINEERs sole discretion an item of material or equipment Proposed by CONTRACTOR does not qualify, as an or equal Item under subparagraph 6 7 1 1 it will be considered a proposed substitute item CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed ri essentially equivalent to that named and an acceptable substitute therefor The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any to which the evaluation Mil 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 wlil require a change in any of the Contract Documents (or In the Provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or, use of the substitute in connection with the Work is subject to payment of any license fee or royalty All vanations 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 from acceptance of such suLoKitute, including costs of redesign and clans of other contractors affected