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HomeMy WebLinkAboutBID - 6099 DRAKE ZIEGLER IMPROVEMENT PHASE IIICONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda Modifications and Payment 009001 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS General Technical 4 0 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 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 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 ENGIIdEERs opinion to protect OWNER from loss because 14 7 1 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 1473 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13 14 or 1474 ENGINEER has actual knowledge of the occurrence of 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 clams 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 14 7 7 there are other items entitling OWNER to a set off against the amount recommended, or 1478 OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14 7 1 through 14 7 3 or paragraphs 15 2 1 through 15 2 4 inclusive but OWNER most give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNERS satisfaction the reasons for such action Sabsmnhal 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 specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter OWNER CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion If ENGINEER does not, consider the Work substantially complete ENGINEER will notify CONTRACTOR in writing giving the reasons therefor It ENGINEER 30 EICDC GENERAL CONDITIONS 19108(1990 Emmm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) considers the Work substantially complete ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before finalpayment OWNER shall have seven days after receipt of the tentative certificate during wluch 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 beliefs justified after consideration of any objections from OWNER At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will delivs to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security operation, safety maintenance heat, utilities, insurance and warmruis 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 Complebon, ENGINEERS aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 149 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Uhhrnhon 1410 Use by OWNER at OWNERS option of any substantially completed part of the Work, which (i) has specifically been identified in the Contract Documents or (u)OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTORS performance of the remainder of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following 14 10 1 OWNER at any time may request CONTRACTOR inwriting to permit OWNER to use any such pert of the Work which OWNER believes to be ready for its intended use and substantially complete If CONTRACTOR agrees that such part of the Work is substantially complete CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work Wntlun a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determme its status of completion If ENGINEER does not consider that part of the Work to be substantially complete ENGINEER will notify OWNER and CONTRACTOR in witting giving the reasons therefor If ENGINEER considers that part of the Work to be substantially complete the provisions of paragraphs 14 8 and 14 9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto 14 10 2 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph � 15 in respect of property insurance Final Inspection 1411 Uport written notice from CONTRACTOR that the entire W ork or an agreed portion thereof is complete ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in venting of all particulars in which this inspection reveals that the Wok its incomplete or defective CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies Final Appheanon 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, marked up record documents (as provided in paragraph 619) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments The final Application for Payment shall be accompanied (except as previously delivered) by (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subpamgraph5413 (u) consent of the surety if any to final payment, and (ill)complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens ansvng 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 (1) the releases and receipts include all labor services, matenal and equipment for which a Lien could be filed, and (it) all payrolls, maternal and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNERS property might many way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails EICDC GENERAL. CONDITIONS 1910-8 (1990 E ktim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) to famish such a release or receipt in full CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of (tens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER S standard forms bound in the Project manual Final Payment and Acceptance 1413 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 fault Application for Payment, indicate in writing ENGINEERS recommendation of payment and present the Application to OWNER for payment At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14 15 Otherwise ENGINEER will return the Application to CONTRACTOR indicating in witting the reasons for refusing to recommend final 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 subject to paragraph 1762 of these General Conditions 1414 If through no fault of CONTRACTOR, final completion of the Work its significantly delayed and if ENGINEER so confirms OWNER shall upon recelpt 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 w required in paragraph 5 1 the written consent of the surety to the payment of the balance due for that portion of the Wok fully completed and accepted stall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims Wmver of Clams. 1415 The making and acceptance of final payment will constitute 14 15 1 a waiver of all claims by OWNER against CONTRACTOR, except clamps arising from unsettled Liens, from defective Work appearing after kill final Inspection pursuant to paragraph 14 11 from failure to comply with the Contract Documents a the terms of any special guarantees specified therein, or from CONTRACTORS continuing obligations under the Contract Documents and 14 15 2 A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work 151 At any time and without cause OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12 OWNER Way T®mint¢ 152 Upon the occurrence of any one or more of the following events 1� 2 1 if CONTRACTOR persistently fails to perfonn the Work in accordance with the Contract Documents (tncluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph29 as adjusted from time to time pursuant to paragmph 6 6) 1522 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction, 15 2 3 if CONTRACTOR disregards the authority of ENGINEER or 1524 If CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents OWNER may after giving CONTRACTOR (and the surety if any) seven days written notice and to the extent permitted by Laws and Regulations 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 o conversion) incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 EICDC OENERAL CONDITIONS 19104 (1990 Urn.) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR but which are stored elsewhere and finish the Work as OWNER may dean expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims costs, losses and damages exceed such unpaid balance CONTRACTOR shall pay the difference to OWNER Such claims costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER mcrorporated 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 liability 154 Upon seven days written notice to CONTRACTOR and ENGINEER OWNER may without cause and without prejudice to any other right a remedy of OWNER, elect to terminate the Agreement In such case CONTRACTOR shall be paid (without duplication of any items) 15 41 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work 15 4 2 for expenses sustained prior to the effective date of termination in performing services and furnshing labor materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses 15 4 3 for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others and 15 44 for reasonable expenses directly attributable to termination CONTRACTOR shall not be paid on account of lass of anticipated profits or revenue or other economic loss arising out of or resulting Gom such termination CONTRACTOR May Slop Work or Terminate 155 I( through no act Or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority or ENGINEER fads to act on any Application for Payment within thirty days after it is submittal or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due then CONTRACTOR may upon seven days written nonce to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15 4 In lieu of terminating the Agreement and without prejudice to any other right or remedy if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 155 are not intended to preclude CONTRACTOR from making clan under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTORs stopping Work as penned by this paragraph ARTICLE 16—DISPUTE RESOLUTION If and to the extern 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 Exlubt 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 eceruse 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 GYving'Votice 171 Whenever any provision of the Contract Documents requires the pving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the lira or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail postage prepaid to the last busmess address known to the giver of the notice 172 Computation of Tune 17 2 1 When any penod of time is referred to in the Contract Documents by days it will be computed to exclude the first and include the last day of such period If the last day of any such period fails on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable junsdictiort, such day will be omitted from the computation EICDC GENERAL CONDITIONS 1910-5 (1990 Earn®) w/ CITY OF FORT COLLINS MODIFICATIONS OR 42000) 17 2 2 A calendar day of twenty four hours measured from midnight to the next midnight will constitute a day Notice of Clain 17 3 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error omission or act of the other party or of any of the other partys 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 imposed by these General Conditions and the rights and remedies available hereunder to the Ferries hereto, and, in particular but without limitation, the warranties guarantees and obligations unposed upon CONTRACTOR by paragraphs 612 616 630 631 632 131 1312 1314 14 3 and 15 2 and all of the rights and remedies available to OWNER and ENGINEER thereunder me in addition to and are not to be construed in any way as a Imitation of any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy to which they apply Professorial Fees and Court Costs Included. 175 Whenever reference is made to claims, costs losses and damages it shall include in each case but not be limited to all fees and charges of engirieers, architects, 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 Agreement Reference to two oestinem Colorado statutes are as follows 1762 If a claim is filed OWNER is required by law (CRS 38 26 107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team lire, sustenance proymoris provender, or other strophes used or consumed by CONTRACTOR or his 33 34 E]CDC GENERAL CONDITIONS 1910-8(1990 EAtim) w/ CITY OF FORT COLMNS MODIFICATIONS (REV 42000) (Ttas page left blank Intentionally) ESCDC GENERAL CONDITIONS 19105 (1990 Editim) 39 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4Q000) EJCDC GENERAL CONDITIONS 1910-8 (1990 ENum) 36 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 clams, 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 Imitations 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 thts Article 16 will be specifically enforceable under the prevathng law of any court having jurisdiction 162 No demand for arbitration of any claim dispute or other matter that is required to be referred to ENGINEER uutially 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 future to demand arbitration within said thirty days period will result in ENGINEERS decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been vuhated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9 10 will be made later than ten days after the party malting such demand has delivered written notice of intention to appeal as provided in paragraph 9 10 163 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16 2 as applicable and in all other cases within a reasonable time after the clam dispute or other matter in question has ansen and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such clam dispute or other matter in question would be barred by the applicable statute of Imitations 164 Except As provided in paragraph 165 below no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER ENGINEERS Consultant and the officers directors agents, employees or consultants of any of them) who Is not a parry to this contract unless 164 1 the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration and 16 4 2 such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which 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 no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent 165 Notwithstanding paragraph 16 4 if a claim dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder CONTRACTOR shall include in all subcontracts required by paragraph 6 11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor Nothing in this paragraph 16 5 nor in the provision of such subcontract consenting to joinder shall create any clams tight or cause of action in favor of Subcontractor 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 in any court having jurisdiction thereof; and it will not be subject to modification or appeal 167 OWNER and CONTRACTOR agree that they shall first submit any and all unsettled clams, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ( disputes ) to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association pnor to either of them initiating against the other a demand for arbitration pursuant to paragraphs 161 through 166 unless delay in initiating arbitration would irrevocably prejudice one of the parties The respective thirty and ten day time limits within which to file a demand for artatratton as proe ided in paragraphs 16 2 and 16 3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed EICDC GENERAL CONDITIONS 1910 8 (1990 E(hnm) OC Al .1 CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) EJCDC GENERAL CONDITIONS 1910 8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) GC Al 40 SECTION 00800 SUPPLEMENTARY CONDITIONS furnishing of the Work 5 0 INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda Questions received less than seven days prior to the date for opening of the Bids may not be answered Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect 5 2 All questions concerning the scope of this project should be directed to the Engineer Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division 5 3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer 5 4 Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents 6 0 BID SECURITY 6 1 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds 6 2 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening 7 0 CONTRACT TIME The number of 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 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 gentechnical 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 CTL Thompson Subgrade Investigation Drake and Ziegler Roads, Environmental Drive to Horsetooth Road, Fort Collins, CO April 2, 2008 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) 54 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 N/A days lost due to abnormal weather conditions Rev 10/20/07 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO PROJECT TITLE CONTRACTOR PROJECT NUMBER DESCRIPTION 1 Reason for change 2 Description of Change 3 Change in Contract Cost 4 Change in Contract Time 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 ,It w O w O ¢ a ww00 bozo z p C7 W oQmo F U 0 uj ¢ IL O w U d ER a EL ¢ a a ¢ C 0 F- z O F- U z W Q d 2 O LL F Ow H Q U d J a a C_ O U 0 LL 0 U tr W LU 2 Z W z O W x W 0 O W CD 2 U 0 0 0 U m m m U c � N 3 m m m z J 0 m O Q O N o c U m0 o a CD 0 0) o (A 0- Q E CL m a z D < Q N 2 m M SmpU Y` L .m-. 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N a ro w O O O G O H +J U N U. ro a, 0 rn 0 0 C 0 4J u U N Drake/Ziegler Improvement Project Phase III Date Apra 3 2008 DRAKE/ZIEGLER IMPROVEMENT PROJECT PHASE III The Engineers Joint Contract Documents Committee General Conditions govern the construction of this contract The following General Requirements supplement these General Conditions PROJECT GENERAL REQUIREMENTS TABLE OF CONTENTS SECTION PAGE 01010 SUMMARY OF WORK General Reqs 2 3 01040 COORDINATION General Reqs 4 5 01310 CONSTRUCTION SCHEDULES General Reqs 6 7 01330 SURVEY DATA — (Owner Supplied) General Reqs 8 01340 SHOP DRAWINGS General Reqs 9 12 01410 TESTING General Reqs 1314 01510 TEMPORARY UTILIITIES General Reqs 15 01560 TEMPORARY CONTROL General Reqs 16 17 01570 TREE PROTECTION General Reqs 18 19 01580 TRAFFIC REGULATION — (City of Fort Collins Supplied) General Reqs 2022 01700 CONTRACT CLOSEOUT General Reqs 23 01711 SITE CLEANUP General Reqs 24 01720 PROJECT RECORD DOCUMENTS General Reqs 25 02900 PLANTING General Reqs 2638 P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Drake Ziegler Phase 3 Geneml Specs doc General Reqs 1 Drake/Ziegler Improvement Protect Phase III SECTION 01010 SUMMARY OF WORK 1 1 DESCRIPTION OF WORK A The Work shall consist of the construction of the outlined improvements BID NO 6099 Date April 3 2008 Drake/Zieeler Improvement Protect Phase III The third phase of construction will complete the Drake -Ziegler Improvements The project will connect Drake Road (east of Environmental Drive) to Ziegler Road (north of the Horsetooth/Ziegler Intersection) The work includes installing 2 box culverts (one CIP one Precast) curb & gutter concrete sidewalk & bikepath storm sewer systems fly ash base course and asphalt roadway The project has already been built to subgrade elevation and the City does not anticipate substantial earthwork outside of structure excavations B Protection and Restoration 1 Replace to equal or better conditions all items removed and replaced or damaged during construction 2 Restore all areas disturbed to match surrounding surface conditions 3 The Owners Field Representative must approve the condition of all replaced and/or restored areas prior to final payment 12 NOTICES TO PRIVATE OWNERS AND AUTHORITIES The following items shall be coordinated between the Contractor and the Owners Field Representative A Notify private owners of adjacent properties utilities irrigation canals and affected governmental agencies when prosecution of the Work may affect them B Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services C Contact utilities at least 48 hours prior to excavating near underground utilities D Contact all agencies at least 72 hours prior to start of construction Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation E Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractors convenience UTILITIES Water City of Fort Collins Colorado 221 6681 Fort Collins Loveland Water District 2263104 Storm Sewer City of Fort Collins Colorado 221 6589 P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Dmke Ziegler Phase 3 General Specs dm General Reqs 2 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 Rev 10/20/07 Section 00100 Page 4 Drake/Ziegler Improvement Project Phase III Sanitary Sewer Electric Gas/Electnc Telephone Traffic Operations Cable Television Electric Utility Locates FCRID Ditch Rider Box Elder Ditch Rider AGENCIES Date April 2008 City of Fort Collins Colorado 221 6681 City of Fort Collins Colorado 221 6700 Xcel Energies 225 7847 Qwest Communications 3776401 City of Ft Collins Colorado 221 6630 Comcast 493 7400 Poudre Valley REA 226 1234 Under A One -call @ system 1 800-922 1987 North Poudre Irrigation Company 5683612 Box Elder Ditch Company 4823067 Occupational Safety & Health Administration (OSHA) 8443061 Poudre Fire Authority Non Emergency 221 6581 Emergency 911 City of Fort Collins Police Department Non Emergency 221 6550 Emergency 911 Lanmer County Sheriffs Department Non Emergency 221 7177 Emergency 911 Postmaster US Postal Service Judith Robertson 2254111 Ambulance Poudre Valley Hospital Non Emergency 484 1227 Emergency 911 Transportation Transfort 2216620 Traffic Engineering 221 6630 END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Dmke Ziegler Phase 3 General Specs doc General Reqs 3 Drake/Ziegler Improvement Protect Phase III SECTION 01040 I 1 GENERAL CONTRACTOR RESPONSIBILITIES Date Apra 3 2008 A Coordinate operations under contract in a manner which will facilitate progress of the Work The Contractor shall also coordinate with the Utility Companies and City Traffic Department whose Work is separate from the General Contractor s contract R 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 To work with the local fire and police departments to ensure the traffic control plan is followed in emergency situations with no exceptions of disruption to traffic flow E Keep traffic areas and temporary residential accesses free of excavated material construction equipment pipe and other material and equipment F Keep fire hydrants and utility control valves free from obstruction and available for use at all times G Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives H Provide and maintain temporary approaches or crossings at streets and residences 12 SCHEDULE AND MILESTONES The Contractor shall submit a detailed project schedule showing milestones and the critical path for Drake/Ziegler Improvement Protect Phase III 2008 This schedule shall be agreed to by both the Owner and Contractor It shall be made in writing and signed by both parties 13 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 2 Contractor shall designate/introduce Superintendent and major Subcontractors supervisors assigned to project 3 Contractor shall submit in writing proposed daily construction hours to Engineer for approval 4 Contractor shall designate all access roads and parking areas in writing to the Engineer for approval 5 The Engineer shall invite all utility and irrigation companies involved 6 The Utilities will be asked to designate their coordination person provide utility plans and their anticipated schedules 7 The Engineer shall introduce the Project Representatives 8 At this time the superintendent will be expected to show that he has sufficient knowledge of the specifications and plans to orchestrate and coordinate the construction actives for this lob B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work refining project schedules and utility coordination P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Protect Phase 111\Dmke Ziegler Phase 3 General Specs doc General Reqs 4 Drake/Ziegler Improvement Project Phase III Date Aprd3 2008 C The Engineer may hold coordination conferences to be attended by all parties involved when the Contractors operations affect or are affected by the work of others 1 Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer 14 PROGRESS MEETINGS A Contractor and Project Manager 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 Owner s Representatives 3 Engineer and Project Manager 4 Others as may be requested by Contractor Engineer or Owner C Minimum agenda shall include 1 Review of work progress since last meeting 2 Identification and discussion of problems affecting progress 3 Review of any pending change orders 4 Revision of Construction Schedule as appropriate 5 Review Milestone Schedule 6 Discuss the work scheduled for the next two weeks 7 Discuss the surveying needed for the next week D The Engineer or a Project Representative shall preside at meetings and record and distribute minutes to the participants E The Engineer or Engineer's Field Representative and Contractor shall agree to weekly quantities at the progress meetings The weekly quantity sheets shall be signed by both parties These quantity sheets when signed shall be final and shall be the basis for the monthly progress estimates This process ensures accurate monthly project pay estimates END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zigeier Improvement Project Phase 111\Drake Ziegler Phase 3 General Specs doc General Reqs 5 Drake/Ziegler Improvement Pmjmt Phase III SECTION 01310 CONSTRUCTION SCHEDULES 11 GENERAL Date April 3 2008 A The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre construction conference This schedule will show how the contractor intends to meet the milestones set forth 1 No work is to begin at the site until Owner s acceptance of the Construction Progress Schedule and Report of delivery of equipment and matenals 12 FORMAT AND A Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress B Submit two copies of each schedule to Owner for review 1 Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others 2 The contractor will be required to submit a weekly progress schedule showing work to be completed labor equipment work hours and methods of construction for the up coming week This schedule will be required every Thursday in a daily calendar format C The schedule must show how the street storm sewer concrete and paving 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. Equipment Materials and Submittals schedule 1 Show delivery status of critical and major items of equipment and materials 2 Include a critical path schedule for Shop Drawings tests and other submittal requirements for equipment and materials reference Section 01340 14 PROGRESS REVISIONS A Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen 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 P \Btds\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase 111\Drake Ziegler Phase 3 General Specs doc General Reqs 6 Drake/Ziegler Improvement Pmjmt Phase III 15 OWNER'S RESPONSIBILITY Date Aprd 3 2008 A Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting the Contractor in coordinating the Work with the needs of the Project B It is not to be construed as relieving Contractor from any responsibility to determine the means methods techniques sequences and procedures of construction as provided in the General Conditions END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Doke Ziegler Phase 3 General Specs doc General Reqs 7 Drake/Ziegler Improvement Project Phase III SECTION 01330 SURVEY DATA 11 SURVEY REQUIREMENTS Date April 3 2008 A The Owner will not provide the construction surveying for the Project The Contractor will be responsible to provide the surveying required on this project B The Owner will make the projects CAD drawings available to the Contractor upon request C If the requested surveying cannot be accomplished in the time frame requested by the Contractor the survey personnel shall notify the contractor with the date on which the requested work will be completed D Should a sudden change in the Contractor s operations or schedule require the survey personnel to work overtime the Contractor shall pay the additional overtime expense E The Contractor shall protect all survey monuments and construction stakes If it is unavoidable to remove a survey monument or construction stakes the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated The Contractor will be responsible for the cost of restakmg construction stakes and for the cost of re establishing a destroyed monument F The Contractor must submit a survey request to the Surveyors a minimum of 48 hours prior to need surveying work done END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Drake Ziegler Phase 3 Genml Specs doe General Reqs 8 Drake/Ziegler Improvement Project Phase ID SECTION 01340 SHOP DRAWINGS 11 GENERAL Date April 3 2008 A Submit Shop Drawings Samples and other submittals as required by mdividual specification sections 1 The Engineer will not accept Shop Drawings or other submittals from anyone but the Contractor B Schedule Reference Section 01310 Construction Schedules Submittals received by the Engmeer pnor to the time set forth in the approved schedule will be reviewed at any time convenient to the Engineer before the time required by the schedule C Any need for more than one resubmission or any other delay in obtaining the Engineers review of submittals will not entitle the Contractor to an extension of the Contract Time unless delay of the Work is directly caused by failure of the Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents the Engineers timely review Failure of Contractor to coordinate submittals that must be reviewed together will not entitle the Contractor to an extension of Contract Time or an increase in Contract Price D Resubmit a corrected submittal if errors are discovered during manufacture or fabrication E Do not use materials or equipment for which Shop Drawings or samples are required until such submittals stamped by the Contractor and properly marked by the Engineer are at the site and available to workmen F Only use Shop Drawings which bear Engineers mark "NO EXCEPTION TAKEN" in the performance of the Work Review status designations listed on Engineers submittal review stamp are defined as follows I NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms to the design concept complies with the information given in the Contract Documents and is acceptable for incorporation in the Work Contractor is to proceed with fabrication or procurement of the items and with related work Copies of the submittal are to be transmitted for final distribution 2 REVISE AS NOTED Signifies material or equipment represented by the submittal conforms to the design concept complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineers notations Contractor is to proceed with the Work in accordance with Engineers notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal 3 REJECTED Signifies material or equipment represented by the submittal does not conform to the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work Contractor is to submit submittals responsive to the Contract Documents 4 FOR REFERENCE ONLY Signifies submittals which are for supplementary information only pamphlets general information sheets catalog cuts standard sheets bulletins and similar data all of which are useful to Engineer or Owner in design operation or maintenance But these submittals do not constitute a basis for determining that items P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase 111\Drake Ziegler Phase 3 General Specs doc General Reqs 9 DrakeMegier Improvement Project Phase III Date Aprd3 2008 represented thereby conform to the design concept or comply with the information given in the Contract Document The Engineer reviews such submittals for general information but not for substance 12 SUBMITTAL REGISTER A The Contractor shall complete the Submittal Register and submit with the Final Construction Schedule subnuttal The Contractor must resubmit an updated Submittal Register with each application for progress payment A format of the Submittal Register is provided below Contractor should reproduce this format (or an approved alternate) for this register B Instructions for Completing the Submittal Register Column 1 References specification section and paragraph in which submittal is requested This will be done for each item of equipment or material Column 2 Describe types of submittal required 1 e shop drawing certificate etc Column 3 List the material or item for which submittal is required Column 4 Contractor shall provide the date that he intends to make each submittal Column 5 Contractor shall provide that date by which each submittal must be approved to accomplish timely incorporation into the project Column 6 Contractor shall provide the mailing date of the initial submittal made to the Owner Column 7 Contractor shall record the review action of the Owner to the last submittal for the item equipment or material Column 8 Contractor shall record the mailing date of subsequent submittal for each item equipment and material until submittal is accepted by Owner Column 9 Contractor may record remarks as necessary to coordinate with other submittal or provide necessary information 13 SHOP DRAWINGS A Include the following information as required to define each item proposed to be furnished 1 Detailed installation drawings showing foundation details and clearances required for construction 2 Relation to adjacent or critical features of the Work or materials 3 Field dimensions clearly identified as such 4 Applicable standards such as ASTM or Federal Specification numbers 5 Drawings catalogs or parts thereof manufacturers specifications and data, instructions performance characteristics and capacities and other information specified or necessary a For Engineer to deternme that the materials and equipment conform to the design concept and comply with the intent of the Contract Documents b For the proper erection installation and maintenance of the materials and equipment which Engineer will review for general information but not for substance c For Engineer to determine what supports anchorages structural details connections and services are required for materials and equipment and the effect on contiguous or related structures materials and equipment 6 Complete dimensions clearances required design criteria materials of construction and the like to enable Engineer to review the information effectively B Manufacturer s standard drawings schematics and diagrams 1 Delete information not applicable to the Work 2 Supplement standard information to provide information specifically applicable to the Work C Format 1 Present in a clear and thorough manner P \Btds\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase 111\Dmke Ziegler Phase 3 Geneml Specs due General Reqs 10 Drake/Ziegler Improvement Project Phase III Date April 3 2008 Minimum sheet sae 8 '/z x 11 Clearly mark each copy to identify pertinent products and models hndividually 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 and schedule or room numbers shown in the Contract Documents f Deviations from Contract Documents g Revisions on re submittals It Contractors stamp initialed or signed certifying the 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 14 SUBMISSION REQUIREMENTS A Make submittals promptly in accordance with approved schedule and in such sequence as to cause no delay in the Work or in the work of any other contractor B Minimum number required 1 Shop Drawings a Thee (3) copies minimum two (2) copies which will be retained by Engineer 15 RESUBMISSION 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 P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Drake Ziegler Phase 3 General Specs doe General Reqs 11 Drake/Ziegler Improvement Project Phase III Date April 2008 D Shop Drawings 1 Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zrgeler Improvement Project Phase III\Drake Ziegler Phase 3 General Specs doe General Reqs 12 11 2 Bid Forms must be complete in ink or typed All lump sum prices on the form must be stated in words and numerals in case of conflict, words will take precedence Unit prices shall govern over extensions of sums 11 3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation shall be shown below the corporate name 11 4 Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature 11 5 Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant The full name of each person or company interested in the Bid shall be listed on the Bid Form 11 6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form) 11 7 No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder if initialed, OWNER may require the Bidder to identify any alteration so initialed 11 8 The address and telephone number for communications regarding the Bid shall be shown 12 0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules 13 0 SUBMISSION OF BIDS 13 1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope 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 Rev 10/20/07 Section 00100 Page 5 Drake/Zregier Improvement Protect Phase III Date April 3 2008 SECTION 01410 TESTING 11 GENERAL A Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples Do not use any materials or equipment represented by samples until tests if required, have been made and the materials or equipment are found to be acceptable Any product which becomes unfit for use after approval hereof shall not be incorporated into the work B All materials or equipment proposed to be used may be tested at any time during their preparation or use Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing Products maybe sampled either prior to shipment or after being received at the site of the work C Tests shall be made by an accredited testing laboratory selected by the Owner Except as otherwise provided sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM) D Where additional or specified information concerning testing methods sample sizes etc is required such information is included under the applicable sections of the Specifications Any modification of or elaboration on these test procedures (which may be included for specific materials under their respective sections in the Specifications) shall take precedence over these procedures 12 OWNER'S RESPONSIBILITIES A Owner shall be responsible for and shall pay all costs in connection with testing for the following 1 Sod tests except those called for under Submittals thereof 2 Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner 3 Concrete tests except those called for under Submittals thereof 4 Asphalt tests except those called for under Submittals thereof 13 CONTRACTOR'S RESPONSIBILITIES A In addition to those inspections and tests called for in the General Conditions the Contractor shall also be responsible for the following 1 All performance and field testing specifically called for by the specifications 2 All re testing for Work or materials found defective or unsatisfactory including tests covered under section 12 above 3 All minimum call out charges or stand by time charges from the tester due to the Contractors failure to pave pour or fill on schedule for any reason except by action of the Engineer B Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing 14 CONTRACTOR'S QUALITY CONTROL SYSTEM A General The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work including that of his subcontractors to ensure conformance to the functional performance of this project The 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 Contractors control system shall specifically include all testing required by the various P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Protect Phase III\Drake Ziegler Phase 3 Generat Specs doc General Reqs 13 Drake/Ziegler Improvement Project Phase III sections of these Specifications Date April 3 2008 B Superintendence The Contractor SHALL employ a full time Superintendent whose sole responsibility is to monitor and coordinate all facets of the Work The Superintendent shall be on site when work is in progress (I a weekend work) The Superintendent shall have adequate experience to perform the duties of Superintendent The superintendent shall have the authority to act on behalf of the CONTRACTOR The superintendent shall not be replaced without written notice to the Owner and Engineer C Quality Control Contractors quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule D Records Maintain correct records on an appropriate form for all inspections and tests performed instructions received from the Engineer and actions taken as a result of those instructions These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test nature of defects causes for rejection etc ) proposed or directed remedial action and corrective action taken Contractor is responsible for documenting all inspections and tests as required by each section of the Specifications Provide copies to the Engineer weekly END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Drake Ziegler Phase 3 General Specs doc General Reqs 14 Drake/Ziegler Improvement Project Phase III SECTION 01510 TEMPORARY UTILITIES 11 UTILITIES A Furnish all utilities necessary for construction Date Apra3 2008 B The Contractor will be responsible for furnishing water in reasonable amounts for execution of the work. The Contractor shall coordinate and schedule with the Owners Field Representative for the City of Fort Collins Water Utilities to select the appropriate fire hydrant and set the hydrant meter C Make arrangements with Owner as to the amount of water required and time when water will be needed 1 Owner will fix the place time rate and duration of each withdrawal from the distribution system 2 Unnecessary waste of water will not be tolerated D Furnish necessary water trucks pipes hoses nozzles and tools and perform all necessary labor 1 Only the Owner shall operate existing valves and hydrants 12 SANITARY FACILITIES A Contractor shall furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project Furnish a minimum of two portable toilets at the traders (if office traders are required) and a minimum of one at each project work site or as required to accommodate the number of personnel working on site One facility will be delivered to the City of Fort Collins Project trailer B Contractor shall properly maintain sanitary facilities of reasonable capacity throughout construction periods C Contractor to enforce the use of such sanitary facilities by all personnel at the site D Place facilities out of public view using the greatest practical extent END OF SECTION P IBidsI2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase IlnDiake Ziegler Phase 3 General Specs doc General Reqs 15 Drake/Ziegler Improvement Project Phase III SECTION 01560 TEMPORARY CONTROLS 1 1 NOISE CONTROL Date Apra 3 2008 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 7 30 p in and 6 30 a in 12 DUST CONTROL A Dusty materials in piles or in transit shall be covered when necessary to prevent blowing B Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant Chemical dust suppressant shall not be injurious to existing or future vegetation C Dust control within the lime deposit area shall conform to the projects health and safety plan At a mmimum the lime area shall be covered as soon as possible after compaction has been obtained to minimize surface drying and dust Dust control for this area may involve multiple watering and/or continuous watering to maintain a moist surface 1.3 POLLUTION CONTROL A Prevent the pollution of drams and watercourses by sanitary wastes concrete sediment debris and other substances resulting from construction activities 1 Retain all spent oils hydraulic fluids and other petroleum fluids in containers for disposal off the site 2 Prevent sediment debris or other substances from entering sanitary sewers storm drams and culverts 14 EROSION CONTROL A Take such measures as are necessary to prevent erosion of soil that might result from construction activities Measures in general will include 1 Control of runoff 2 Trapping of sediment 3 Minimizing area and duration of soil exposure 4 Temporary materials such as hay bales sandbags plastic sheets riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities B Preserve natural vegetation to greatest extent possible C Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion D Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual and Plan E It shall be the Contractor's responsibility to obtain and manage the Colorado Dept of Public Health P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Proimt Phase III\Drake Ziegler Phase 3 General Specs doc General Reqs 16 Drake/Ziegler Improvement Project Phase III Date Apra 3 2008 and Evironment's Storm Water Management Plan (SWMP) There are two existing SWMP s on this project that should be transferred to the Contractor One is held by Gerrard Excavating (from Drake Ziegler Phase 2) Permit # COR 03C680 The other is held by Gamey (from sanitary sewer installation) 15 WATER CONTROL A A portion of the project work is located within a natural drainage course and is subject to periodic higher water levels due to rainfall runoff snowmelt flows from adjacent developed areas storm water pipes and ground water flows from saturated soils or other ground water sources The contractor is responsible for managing water within the construction site and protecting property 16 PERMITS A It shall be the responsibility of the Contractor to obtain Construction Dewatenng Permits from the Colorado State Health Department for any dewatering operations that will discharge into any drainage ways open channels or imganon ditches The Contractor shall be responsible for any testing required under the Construction Dewatenng Permit 17 SECURITY A Contractor is responsible for protection of the site and all Work materials equipment and existing facilities thereon against vandalism B No claim will be made against the Owner by reason of any act of an employee or trespasser and the Contractor shall make good all damage resulting from his failure to provide security measures as specified B Security measures will be instituted to protect owners of existing facilities during normal operation but will also include such additional security fencing barricades lighting watchman services or other measures as Contractor feels is required to protect the site END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase 111\Dmke Ziegler Phase 3 General Specs doc General Reqs 17 Drake/Ziegler Improvement Project Phase III TREE PROTECTION Date Apra 3 2008 A Tree Barriers All trees which will be preserved but are within the limits of construction must be protected from all damage associated with construction A sturdy physical barrier (fluorescent orange in color) must be fixed in place around each tree for the duration of construction This barrier will be placed no closer than six (6) feet from the trunk or one half of the drip line whichever is greater The barrier itself must be fixed so it cannot be moved easily but the material can be flexible such as orange safety fence attached to metal T posts driven into the ground but must act as an effective deterrent to deliberate or accidental damage of each tree The Project Engineer or Manager must approve actual materials and location of barrier The movement or storage of equipment material debris or fill within these required protective barriers is completely prohibited In situations where the construction will come closer to a tree than six (6) feet the orange barrier must still be erected However additional padding must be placed around the trunk of each tree starting at ground level and proceeding up the trunk to a height of six or seven feet Padding should be a minimum eight (8) inches thick and made of a material strong enough to protect the bark from accidental impacts with hand tools or power equipment B Accidental Poisomne During the construction the Contractor shall not cause or permit the cleaning of equipment or material within the root zone of any tree The Contractor shall not store or dispose of waste material including but not limited to paints solvents asphalt concrete mortar or any other material harmful to the life of a tree within the root zone of each tree or group of trees C Root Promne Specifications When the cutting of tree roots is necessary each final cut must be made as cleanly as possible for all roots over three (3) inches in diameter using the following method 1 The line of excavation will be drawn out and appropriate excavation equipment used to clear the area at least six inches in front of the actual finished excavation line Roots can then be cut using tools such as axes stump grinders or trenchers 2 Each root over three (3) inches in diameter will then be cut cleanly back to the excavation line using a stump grinder operated by an experienced licensed arbonst A sharp hand or bow saw is acceptable for roots under three (3) inches in diameter Axes and trenchers do not cut roots cleanly and will not be used for final root cuts D Contractor shall coordinate with the Owners' Field Representative prior to and dung the installation of tree protection and root pruning activities Owners' Field Representative, at his/her opinion, will contact the City Forester and/or City Arborist for advice and approval of the tree protection measures taken by the Contractor and also the City's advice and approval during the root E No damaging attachments, wires, signs, permits or other objects may be fastened by any means to any tree preserved on this project P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Drake Ziegler Phase 3 Genial Specs doc General Reqs 18 Drake/Ziegkr Improvement Project Phase III Date Apra 3 2008 F Violation of Specifications and Penalties for Damaging Trees Any violation of these specifications will lead to penalties based on the type of violation and/or the resulting damages and may be grounds for the termination of this contract The penalties will be assessed based on the amount of damage done and the total value of that tree or group of trees prior to the damage The minimum penalty will be $100 00 Penalties for any damage will be based on the total value of the tree as determined by the City Forestry Division staff and the severity of the damage as a proportion of the total value of that tree This could include up to the full value of the tree As an example there are two American Elm trees to be preserved on another project They are valued at $7 960 and $6 667 for the south and north trees respectively The south tree is approximately 100 inches in circumference therefore each inch is worth one hundredth of the value or $79 60 per inch Similarly the north tree is 91 inches in circumference making each inch worth $73 26 To extend this to penalties paid if one inch of the bark on the south tree is scuffed the penalty would be $100 (the minimum allowed) iftwo inches are damaged the penalty would be $159 20 and so on up to 50% of the circumference of the trunk If 50% or more is damaged the full value of the tree will be assessed as a penalty (This example serves to illustrate how damages will be assessed) This method of assessing penalties will be applicable to all trees not marked for removal on the project, accidental poisoning and improper pruning END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Dmke Ziegler Phase 3 General Specs doc General Reqs 19 Drake/Ziegler Improvement Project Phase III SECTION 01580 TRAFFIC REGULATION 1 1 TRAFFIC CONTROL Date April 3 2008 A The traffic control for this project shall be the responsibility of the Owner Traffic control is defined as those devices necessary to channelize vehicular and pedestrian traffic through the project The Contractor is responsible for applying their costs associated to their predicted calendar day schedule to determine the lump sum amount B The Contractor and/or Traffic Control Contractor must submit traffic control plans and coordinate all traffic control with the City s Traffic Control Coordinator The traffic control plans must be submitted and approved 72 hours prior to starting construction and before making each modification C Conformance City of Fort Collins Work Area Traffic Control Handbook Manual of Uniform Traffic Control Devices (U S Dept of Transportation) or applicable statutory requirements of authority having jurisdiction D The traffic access/control plan limitations for handling traffic for these projects are described below NOTE A minimum of six (6) specialty signs will be required to be installed at locations acceptable by the City of Fort Collins Traffic Operations Department throughout the project noftfying the traveling public of the dates and location of the closure Drake/Zieeler Improvement Proiect Phase III Drake/Zie¢ler The currently closed portions of Drake and Ziegler Roads will remain closed until the road is completed The Owner may at their discretion open the roadway while landscaping sidewalk and punchlist work is completed The City will provide traffic control for any work done under traffic Access to the construction site will ONLY be available from Drake Road until June 15, 2008 due to intersection improvements at Horsetooth/Zlegler Access to the construction site will be available from Horsetooth/Zlegler after June 15 2008 The City will place and maintain Type HI barricades at both ends of the closures with 48 x48 signs stating that the road is closed with start and finish dates Environmental Drive Environmental Drive will remain open from Drake Road for the soul purpose of maintaining access to the City of Fort Collins Waste Water Treatment Plant Colorado State University Environmental Learning Center and Lafarge Northern Asphalt Gravel and Cement Plants Pedestrian Access — Pedestrian traffic shall be allowed to use the sidewalk on the south side of Environmental drive for access to the City of Fort Collins Waste Water Treatment Plant Colorado State University Environmental Leammg Center and Lafarge Northern Asphalt Gravel and Cement Plants All other pedestrian traffic will be closed and pedestrians will be re routed per plan Bike Lanes — Bike lanes will be maintained on the South and North sides of Drake Road and Environmental Drive for the soul purpose of maintaining access to the City of Fort Collins Waste Water Treatment Plant Colorado State University Environmental Learning Center and Lafarge Northern Asphalt Gravel and Cement Plants All other bike traffic will be closed and bicyclists will be re routed per plan Any modifications to the traffic control plan must be approved by the City s Traffic Control P \Btds\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase ❑i\Dmke Ziegler Phase 3 General Specs dm General Reqs 20 Drake/Ziegler Improvement Project Phase III Coordinator and the Engineer Date April 3 2008 E Vehicle bike and pedestrian access to all side streets and private drives shall be maintained at all times The Contractor will develop an access control plan in coordination with adjacent property owners and submit it in conjunction with the traffic control plan to the Engineer for approval prior to the start of any Work Pedestrian and bicycle traffic shall be maintained along the West side of Lemay at all times utilizing temporary sidewalks when necessary F The Contractor must work with the adjacent residents to provide and maintain sufficient access for them during the duration of the project It will be the Contractors responsibility to coordinate and communicate with the residents during construction G The Contractor must maintain at their cost access to all businesses during their business hours It will be the Contractors responsibility to coordinate and communicate with the businesses during construction H The Contractor shall keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. I The Contractor shall keep fire hydrants and utility control valves free from obstruction and available for use at all times J The Contractor shall provide and maintain at their cost temporary driveway approaches on driveways open to traffic at all times to insure that the approaches are smooth compacted and will not prohibit or inhibit the use of the driveway The driveway approaches must be maintained seven days a week In the case of bad weather the Contractor must repair the driveways immediately following the storm and must work to maintain access during the storm 12 WORK AREA SAFETY A The Contractor shall maintain a safe work area and protect area residents motorists bicyclists pedestrians and children from work area hazards B The Contractor shall provide all work area safety control devices such as barricades and safety fence around all excavations and drop-offs C Work area safety control devices will not be paid for separately Cost for this equipment should be included in the lump sum cost for the work items which will require work area safety control devices P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Drake Ziegler Phase 3 General Specs dm General Reqs 21 Drake/Ziegler Improvement Project Phase III 13 PARKING Date April 3 2008 A Provide suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project so as to avoid interference with public traffic Owners operations or construction activities END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zrgeler Improvement Project Phase III\Dmke Ziegler Phase 3 General Specs doc General Reqs 22 any extension thereof made by addendum Bids received after the time and date for receipt of Bids will be returned unopened Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids 13 3 Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration 13 4 No Bidder may submit more than one Bid Multiple Bids under different names will not be accepted from one firm or association 14 0 MODIFICATION AND WITHDRAWAL OF BIDS 14 1 Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids 14 2 Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids 14 3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders 15 0 OPENINGS OF BIDS Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids 16 0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for Bid Opening, but OWNER may, in return the Bid Security prior t 17 0 AWARD OF CONTRACT forty-five (45) days after the day of the his sole discretion, release any Bid and o that date 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 Rev 10/20/07 Section 00100 Page 6 DrakeMegler Improvement Project Phase III SECTION 01700 CONTRACT CLOSEOUT 11 SUBSTANTIAL COMPLETION Date Apra 3 2008 A Substantial Completion for the Drake/Ziegler Improvement Project Phase III (2008) shall be defined as the following 1 All work pertaining to the roadway installation is complete This includes earthwork box culvert installations storm sewer installations flyash subgrade asphalt curb & gutter and sidewalk 2 Traffic control devices are in their final positions (To be done by Owner) B Substantial Completion must be met by within 90 working days from commencement of work This information is outlined in Section 00520 Agreement 12 FINAL COMPLETION A Final Completion shall be defined as the following 1 Once substantial completion has been met the Contractor will be allowed 14 calendar days to reach final completion 2 This will include the completion of all Work including cleanup Project Record Documents shall be turned over to the Owner all punch list items completed and all processing of all change orders The Work must be ready for final payment and acceptance B Final Completion will be subject to the terms outlined in Section 00520 Agreement END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Proiect Phase 1110rake Ziegler Phase 3 General Specs doe General Reqs 23 Drake/Ziegler Improvement Project Phase III SECTION 01711 SITE CLEANUP 11GENERAL A Execute cleanup during progress of the Work and at completion of the Work B. Adequate cleanup will be a condition for recommendation of progress payments 12 DESCRIPTION A Store volatile wastes in covered metal containers and dispose off site Date Apn13 2008 B Provide on site covered containers for the collection of waste materials debris and rubbish C Neatly store construction materials such as concrete forms when not in use D Broom clean adjacent paved surfaces and rake other adjacent surfaces E The streets adjacent to the construction area shall be cleaned of debris generated by the protect by the Contractor at the earliest opportunity, but in no case shall the street be left unclean after the completion of the day's work It shall be the Contractor's responsibility to provide the necessary equipment and matenals to sansfactordv clean the roadway at no additional cost to the prorect The City's Street Department will sweep the street at an approximate hourly rate of $90 00 for a minimum of 2 hours The Contractor must sign a Contract with the City Street Department prior to requesting street sweeping Construction "DRAG OUT" will not be tolerated The Contractor must have the means to sweep, wash and scrape the roadway clear of any materials drug out by construction traffic on site The Contractor will monitor his construction traffic and clean as necessary or as directed by the on site Project Engineer If the streets are not cleaned by the Contractor within 24 hours after having been given notice from the Project Engineer, the Project Engineer will have the Streets Department sweep the streets at the rates listed above and will back charge the Contractor for expenses incurred 13 DISPOSAL A Wastes shall not be buried or burned on the site or disposed of into storm drams sanitary sewers streams or waterways B Remove waste materials clearing materials demolition materials unsuitable excavated materials debits and rubbish from the site at least weekly and dispose of at disposal areas furnished by Contractor away from the site END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Dmke Ziegler Phase 3 General Specs doc General Reqs 24 Drake/Ziegler Improvement Project Phase III Date April 3 2008 SECTION 01720 PROJECT RECORD DOCUMENTS 11 GENERAL A Maintain at the site one record copy of 1 Documents and samples called for in General Conditions 6 19 2 Field Test Records 3 Certificates of compliance 12 MAINTENANCE OF DOCUMENTS AND SAMPLES A File documents and samples in accordance with the specifications section numbers B Maintain documents and samples in a clean dry legible condition and in good order Do not use record documents for construction purposes 13 RECORDING A Label each document PROJECT RECORD in neat large printed letters B Record information concurrently with construction progress 1 Do not cover Work until required information is recorded C Marking of Project Records 1 Legible and with a dark pen or pencil 2 Ink shall not be water based or subject to easy smearing D Mark Drawings to record actual construction 1 Field dimensions elevations and details 2 Changes made by a Modification 3 Details not on original Drawings 4 Horizontal and vertical locations of underground utilities and appurtenances referenced to a minimum of three permanent surface improvements 5 Depths of various elements in relation to project datum 6 Location of utilities and appurtenances concealed in the construction referenced to visible and accessible features of the structure 14 SUBMISSION A Accompany submittal with transmittal letter in duplicate containing 1 Date 2 Project title and number 3 Contractors names address and telephone number 4 Index containing title and number of each Record Document 5 Signature of Contractor or his authorized representative END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Diake Ziegler Phase 3 General Specs doc General Reqs 25 Drake/Ziegler Improvement Project Phase III DIVISION 2 SITEWORK SECTION 2900 LANDSCAPE PLANTING PART1 GENERAL 101 RELATED DOCUMENTS Date April 2008 The general provisions of the contract including General and Supplementary Conditions and Division 1 General Requirements apply to the work specified in this Section 102 DESCRIPTION OF WORK A Furnish all labor materials supplies equipment tools and transportation, and perform all operations in connection with and reasonably incidental to complete installation of the planting and guarantee as shown on the drawings and as specified herein The work shall include but not be limited to the following 1 Procurement of all applicable licenses, permits and fees 2 Determination of utility locations prior to construction 3 Site inspection 4 Planting of trees, shrubs, perennials, and turf installation 5 Soil Preparation and Fme Grading 6 Staking and guying of trees 7 Mulching of all trees and shrubs 8 Cleanup, inspection, and approval 9 Guarantee of all plantings 10 Maintenance 11 All work of every description mentioned in the Drawings and Specifications and/or Addenda thereto B Related Work Specified Under Other Sections Consult all other Sections, determine the extent and character of related work, and properly coordinate work specified herem with that specified elsewhere to produce a finished, workmanlike installation 103 PROTECTION OF EXISTING FEATURES A Protect all existing site development including, but not lunited to, existing buildings equipment, underground utilities, walls walks, roads materials, trees, etc Any existing site development damaged by willful or negligent acts of the Contractor Sub -Contractor or any of the employees shall be replaced or repaired at no cost to the Owner and in a manner satisfactory to the Owner's Representative before project acceptance is given P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Dmke Ziegler Phase 3 General Specs doe General Reqs 26 Drake/Ziegler Improvement Project Phase III Date Apra 3 2008 B The above provision applies to on site damage as well as to that which may occur to adjacent properties C Until the project has been accepted, erect and maintain shoring, barricades, guards, warning lights and lights as necessary or required for the protection of the public, the work and the workers 104 SUBMITTALS Submit duplicate samples and manufacturer s guaranteed analysis of the following items and such other materials as may be required by the Owner's Representative and obtain written approval there of before beginning fabrication or delivery of material to the project site Finished work shall match approved samples a Soil amendments and mulch materials b Tree ties and guying materials c Fertilizers 105 ANALYTICAL TESTS Submit 2 copies of an analytical test, performed by certified soil laboratory demonstrating compliance with these specifications for the composted manure and peat moss 106INSPECTIONS A Pre -Planting Inspection All plant materials must be inspected at the place of growth and/or on the project site before planting commences Plants shall be inspected for size variety condition defects or injury The Owner s Representative reserves the right to reject unsatisfactory plant material at any time during the work Notify the Owner s Representative of the source of material no later than 30 days after award of the contract All fertilizers pre mixed backfill mixes mulches and sod amendments will be inspected at the site by the Owner s Representative before they are used in planting operations B Planting Inspections 1 Owner's Representative shall inspect the staked location of all trees prior to the planting of those trees 2 Owner's Representative shall inspect container stock with said plants set on the ground at the proposed locations before digging commences P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Dmke Ziegler Phase 3 Gmeml Specs doc General Reqs 27 Drake/Ziegler Improvement Project Phase III C Pre -Maintenance Inspection Date April 3 2008 1 As soon as all planting is completed the Owner's Representative upon request of the Contractor will hold a planting review and preliminary inspection to determine the condition of the plantings 2 The Contractor shall have all planting areas free of weeds and neatly cultivated Imgation systems shall be fully operational with all heads properly adjusted All debris and litter shall be cleaned up and walkways, curbs and roads shall be cleared of all soil and debris The inspection shall not occur until these conditions are met 3 If, after the inspection, the Owner s Representative is of the opinion that all work has been performed as per the contract documents, and that all plant materials are in satisfactory growing condition, he will give the Contractor wntten notice of acceptance 4 Work requiring corrective action in the judgment of the Owner s Representative shall be performed withm ten (10) days Corrective work and materials replacement shall be in accordance with the contract documents and shall be made by the Contractor at no cost to the Owner D Final Inspection At the completion of the two growing season maintenance period the final inspection shall be performed If after the inspection, the Owner's Representative is of the opinion that all work has been performed as per the contract documents and that all plant materials are in satisfactory growing condition, he will give the Contractor written notice of acceptance and completion of the formal maintenance period Final approval will not be given until all deficiencies are corrected 107 GUARANTEE A Guarantee trees shrubs, ground covers and other plant material to root, thrive and be free from defects from any cause for two years of acceptance from the final acceptance by the owner B Any trees or other plant materials that die back and lose the form and size originally specified shall be replaced even though they have taken root and are growing after the dieback C Within 15 days of written notification by the Owner, remove and replace all guaranteed plant materials which, for any reason, fail to meet requirement of guarantee Replacement planting for trees shall be done in the spring planting season only, except as approved otherwise P \Bids\2008 BIDS 6078\6099 Drake Zigeler improvement Project Phase Ill\Drske Ziegler Phase 3 General Specs doe General Reqs 28 Drske/Zlegler Improvement Project Phase In Date Apra 3 2008 Replacements shall be made to same specifications required for original materials and shall carry the same guaranty from the tune they are replaced D Plants shall be planted only when weather and soil conditions permit and in accordance with locally accepted practices and as approved by the owner's representative E Trees shall be planted in same growing season as they were dug END OF SECTION PART2-PRODUCTS 2 01 TREES, SHRUBS, AND GROUND COVERS A Quantities Plant material shall be furnished in quantities required to complete work as indicated on the Drawings and shall be of species, kinds sizes, etc , specified B Nomenclatures Plant names listed on Drawings conform to standardized plant names established by the American Joint Committee on Horticulture Nomenclature, except that for names not covered therein, the established custom of the nursery trade is followed C Quality Plants shall be symmetrical and typical for species and variety Plants shall be sound, healthy, vigorous, free from disease and insect pests or their eggs All plant material shall conform to the requirements of the Colorado Nursery Act of 1965 Title 35, Article 26, CRS1973 D Digging, wrapping, and handling Plants shall be dug and prepared for shipment in a manner that will not cause damage to branches, shape and future development after planting E Balled and burlapped plants Shall be nursery grown stock adequately balled with firm, natural balls of soil in sizes and ratios conforming to the Colorado Nursery Act as cited above Balls shall be firmly wrapped with non -treated burlap secured with wire or Jute Broken balls will not be accepted Ponderosa Pme may be field collected with root ball sizes in conformance with the Colorado Nursery Act as cited above F Container grown plants Shall have been nursery grown in containers and shall have sufficient roots to hold the entire soil mass together after container removal without being root -bound P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Dmke Ziegler Phase 3 General Specs doc General Reqs 29 Drake/Ziegler Improvement Project Phase Ill Date Apra 3 2008 G Options as to method If all other requirements are met, a balled and burlapped plant may be substituted for a container grown plant H Plant protection Plants shall be handled so that roots are adequately protected at all tunes from drying out and from other injury Protect balls of balled plants, which cannot be planted within 24 hours from delivery with soil or other suitable material Where possible, store plants in the shade Keep all plant roots moist before, during, and after planning I Pruning Trees shall not be pruned except by City Forestry staff Dead and broken shoots should be pruned out of woody shrub material J Substitutions Will be allowed only when specified material is proved unavailable and only with approval of the Owner's Representative Proposals will be considered for use of nearest equivalent size and variety with the equitable adjustment to the Contract price K Trees dug and held over from a previous growing season will not be accepted for use L Dry Land Seed Mix Listed below is the seed mix for the entire Drake/Ziegler Improvement Project Phase III Species/Vanty Pure % Germ % Origin Western Wheatgrass, Amba 2630 94 WA Side Oats Grama, Vaughn 1605 77 NM Green Needlegrass Lodorm 843 88 WA Oats Troy 824 90 SD Switchgrass, Nebraska 28 668 74 SD Little Bluestein Pastura 642 77 TX Blue Grama, Hachita 386 96 NM Gaillardia Anstata 301 82 UT Blue Flax 142 87 WA Purple Prairie Clover, Kaneb 1 33 93 WA Plains Coreopsis 063 79 OR Crop 0 07% Inert 17 45% Weeds 0 11% Net Wgt 41# 2 02 SOIL AMENDMENTS/FERTILIZERS/MULCHES A Topsoil imported and on site topsoil (located in stockpile on site) for use in backfill mix P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase Ill\Dmke Ziegler Phase 3 General Specs doc General Reqs 30 Drake/Ziegler Improvement Project Phase III Date Apra 3 2008 Topsoil to be a mix of 60% topsoil and 40% organic material mixed well prior to being placed in median Topsoil shall be free of all foreign material and screened and ground to eliminate clumps larger than 1" in diameter Submit sample for approval to the City of Fort Collins Forestry Representative B Composted Manure Composted dairy cow or sheep manure Free from lumps stones or other foreign matter Free from mineral matter or chemical composition harmful to plant life Manure that has received treatment with a bacterial enzyme culture raising the manure temperature to 145 degrees minimum for 3 weeks minimum, aged at least 18 months yielding a soil amendment with the following properties Organic Matter 35 - 40% (oven -dry basis) Total Nitrogen 16 - 2 0% Conductivity 50 0 EC s (max) pH 75to85 Submit analysis as required by 104 C Peat Moss for annuals and perennials Free from lumps, stones or other foreign matter Free from mineral matter or chemical composition harmful to plant life Acid reaction of 3 to 5 pH Shall contain no less than 60% organic matter by weight on an oven -dry basis Submit analysis as required by 104 D Fertilizers Tablets for tree and shrub planting "The Pill' by Agnfonn with 20-10-5 analysis, 21 gram size, Osmocote Sierrablend, 9 month slow release or industry equivalent Fertilizers for grass, shrub and tree planting shall be commercial type of uniform composition, free flowing, and conforming to the applicable State and Federal laws Submit manufacturers guaranteed analysis as required in 103 Guaranteed analysis shall be designed to conform with amendment requirements given in Part 3, "Execution " E Mulch Bark Mulch Cedar mulch must be approved by City Parks Division prior to installation 2 03 SOD P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase III\Dmke Ziegler Phase 3 General Specs doc General Reqs 31 Drake/Ziegler Improvement Project Phase III Date Apra 3 2008 A Sod American Sod Producers Association (ASPA) Certified Field Grown grade Cultivated grass sod not less than three unproved Kentucky Bluegrass varieties with strong fibrous root system, free of stones, burned or bare spots, containing no more than 5 weeds per 1000 square feet Minimum age of 12 months, with root development that will support its own weight without tearing, when suspended vertically by holding the upper two corners B Sod Producer Company specializing in sod production and harvesting with mimmum five years experience, and certified by the State of Colorado C Certification Submit sod certification for grass species and location of sod source 2 04 MATERIALS FOR STAKING AND GUYING A Stakes Metal T posts painted dark green or black B Ties Fabric Nylon canvas or rubberized cloth straps, 2" x length required END OF SECTION PART 3 - EXECUTION 3 01 GENERAL A Inspection Examine the substrate in which the work is to be performed Do not proceed until unsatisfactory conditions have been corrected B Dimensions All scaled dimensions are approximate Before proceeding with any work, carefully check and verify all dimensions and quantities and immediately inform the Owner's Representative of any discrepancy between the drawings and/or specifications and actual conditions C Coordination Coordinate work with other trades to insure proper sequencing of construction 3 02 SOIL PREPARATION A Grades have been established under work of another Section to within 1" plus or minus of required finished grades Verify that grades are within 1" plus or minus of required P \Brds\2008 BIDS 6078\6099 Drake Zrgeler Improvement Project Phase ❑I\Dmke Ziegler Phase 3 General Specs doc General Reqs 32 OWNER Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum 17 2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award 17 3 OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of ma3or 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 Rev 10/20/07 Section 00100 Page 7 Drake/Ziegler Improvement Project Phase III Date Apra 3 2008 finished grades Notify the Owner's Representative prior to commencing soil preparation work if existing grades are not satisfactory, or assume responsibility for conditions as they exist B Weed and debris removal All ground areas to be planted shall be cleaned of all weeds and debris prior to any soil preparation or grading work Weeds and debris shall be disposed of off the site C Contaminated soil Do not perform any soil preparation work in areas where soil is contaminated with cement, plaster paint or other construction debris Bring such areas to the attention of the Owner's Representative and do not proceed until the contaminated soil is removed and replaced Sod contaminated by chemical herbicides in any planting areas shall be removed to a depth of 12" and replaced with clean herbicide -free topsoil D Moisture Content Soil shall not be worked when moisture content is so great that excessive compaction will occur, nor when it is so dry that excessive dust will form in the air or that clods will not break readily Water shall be applied, if necessary, to bring soil to an optimum moisture content for tilling and planting 3 03 SOIL CONDITIONING Median areas shall be excavated below the base of the splash block 18" and then filled with the specified mix The subgrade will be scarified to a 6" depth parallel to the way the median runs, to allow for drainage and root movement The specified topsoil and compost mix shall be thoroughly mixed prior to placement and filled to within 1 1/2" of the top edge of the splash block The soil in the medians shall be graded to a level surface 3 04 FINE GRADING When weeding, soil preparation and soil conditioning have been completed and soil has been thoroughly water settled, all planting areas should be smooth graded ready for placement of plant materials A Grades Finish grades shall conform to site grading plans and produce a smooth even surface without abrupt changes Minor adjustments of finish grades shall be made at the direction of the Owner's Representative if required B Drainage All grades shall provide for natural runoff of water without low spots or pockets Flow line grades shall be accurately set and shall not be less than 2% gradient wherever possible C Shrub Areas Finished grades shall be 1-1/2" below top of adjacent pavement, edging curbs, or wall unless otherwise indicated on the Drawings P \Brds\2008 BIDS 6078\6099 Drake Zigeler Improvement Project Phase IIr\Drake Ziegler Phase 3 General Specs doc General Reqs 33 Drake/Ziegler Improvement Project Phase III Date Apra 3 2008 D Slopes Tops and toes of all slopes shall be rounded to produce a gradual and natural - appearing transition between relatively level areas and slopes 3 05 GROUND COVER, ANNUAL AND PERENNIAL BEDS Excavate areas to be planted with material smaller than 1-gallon size to a depth of six (6") inches and backfill with the following mix 80% on site topsoil by volume (from Owner's stockpile) 2 20% peat moss by volume Five (5) pounds bone meal per cubic yard of backfill The specified backfill materials shall be pre mixed, then turned several tunes with a front end loader to a uniform, evenly blended consistency free of all pockets of unblended material and any clods or stones greater than one (1") inch in diameter Backfill mix has occurred Pre -mixed back fill mix shall be inspected per 1 06A, "Pre Planting Inspections " 3 06 SHRUB AND TREE PLANTING A Planting Pits 1 Locate planting holes per planting plans bringing any conflict with underground utility lines to the attention of the Owner's Representative Locations for holes shall be according to 1 06B "Planting Inspections " 2 Excavate holes to be the same depth as the root ball and two tunes the diameter of the root ball wide 3 The sides of the holes shall be roughened to remove any compacting or "glazing" caused by the digging operation The bottom of the hole shall be loosened to a minimum depth of six (6") inches Mix loosened soil with specified backfill to blend soil types 4 Fill the entire hole with water and allow to dram completely Contractor should notify Landscape Architect if a pit does not dram in a satisfactory time, then contractor should correct drainage problem by using a PVC dram or a gravel sump shall be installed Dispose of excavated soil off the site at no cost to the Owner B Backfillmg Tree and shrub planting pits shall be backfilled with the following mix 100% on -site topsoil by volume (from Owner's stockpile) For topsoil see 2 02A P \Bids\2008 BIDS 6078\6099 Drake Zrgeler Improvement Project Phase 111\Dmke Ziegler Phase 3 General Specs doc General Reqs 34 Dnke/Ziegler Improvement Project Phase III C Planting Date Apra 3 2008 1 General Do not install plant materials until all construction work has been completed and sprinkler systems have been installed and tested Planting areas shall have been graded and prepared as herem specified and shall have been approved by the Landscape Architect 2 Carefully remove stock from containers to avoid breaking the root ball Do not lift or handle container plants by tops stems or trunks at any time 3 Fertilize trees and shrubs by placing 21 gram fertilizer tablets three (3") inches laterally and three (3") niches top of root ball as follows 1 for 1 gallon containers 3 for 5-gallon containers and 5 for balled and burlapped material 4 Remove wire baskets from root balls Untie and lay back burlap from root ball on balled and burlapped material 5 Backfill entire hole with backfill mixture to grade and water thoroughly to elumnate all air pockets without packmg the soil Allow soil to settle from watering Add backfill mixture as required 6 All plants shall be planted immediately after the containers are cut, and containers shall be regularly removed from the site so as not to present a hazard to persons using the area 7 Flatgrown plant material - Install plants at spacing indicated on the drawings Plant in staggered rows, evenly spaced Dig holes large enough to allow for spreading of roots Place plants to root system lies free without doubling Firm soil around roots to eliminate air pockets Broadcast controlled release fertilizer over the entire planting area at the rate of 20 pounds per 1000 square feet of area 3 07 MULCHING A All planting beds shall be mulched with a four (4") inch layer of cedar mulch 3 08 TREE STAKING AND GUYING A Double stake all trees up to and including 2 1/2" caliper Set stakes plumb and at right angles to the prevailing wind Securely nail or bolt rubber straps to stakes leave straps loose enough to allow a mimmum of 3" lateral movement 3 09 TWO GROWING SEASON MAINTENANCE PERIOD A Continuously maintain all plantings in areas included in the Contract from the beginning of Contract work, during the progress of work, and for two (2) full growing seasons after completion of all work until final acceptance of all Contract work by the Owner P \Bids\2008 BIDS 6078\6099 Drake Zigeler Improvement Proial Phase III\Drake Ziegler Phase 3 General Spas da General Reqs 35 Drake/Ziegler Improvement Project Phase Ill B Scope Date Apra 3 2008 1 New plantings 2 Existing plantings within the construction area 3 Continuous operations of watering, weeding cultivating, mowing trimming edging, rolling, fertilizing spraying, insect, pest, fungus, and rodent control and any other operations to assure good normal health a Weed Control 1)Apply appropriate herbicide(s) in accordance with manufacturer's suggested retail rate(s) to control weeds Herbicide application must comply with all requirements herbicide/pesticide applicators license, including suitable wammg/signing following application Herbicide applications and chemicals to be used will be approved by the City Forester Extreme caution must be used when applying herbicides near any tree, shrub or groundcover b Disease and Insect Control Apply fungicides and insecticides as required to control diseases and insects A licensed applicator must perform tlus work in accordance with state law requirements c Watering Contractor shall be responsible for watering of landscape areas to insure performance under this Section Apply the amount of water necessary to maintain plants in a healthy condition until the end of the one year warranty period d Protection I)Provide sufficient barriers and signage notifying the public to keep off newly planted areas n) Work under this Section shall include complete responsibility for maintaining adequate protection for all areas Any damaged areas shall be repaired at no additional expense to the Owner 4 Mow grass in sodded areas to maintain 2-to 3 inch height until final acceptance of project and turnover to City 5 Apply custom blend of fertilizer in split applications in early fall and late spring Two thirds of the nitrogen should be applied in the fall and one third in the spring 6 Planting Bed and Mulch Surface Maintenance Requirements a Mulch all tree plantings four inches deep with cedar mulch unless otherwise indicated on the Drawings b Remove all weed growth on a monthly basis including those growing in cracks and curbs P \Btds\2008 BIDS 6078\6099 Drake Zieeler Improvement Project Phase 111\Dmke Ziegler Phase 3 General Specs doc General Reqs 36 Drake/Ziegler Improvement Project Phase In Date April 3 2008 Maintenance for Trees and Shrubs a Water all trees and shrubs to insure optimal growth and establishment during the two growing season maintenance period as required by this Section New trees should receive two inches per week of imgation during the first growing season applied over the root system Normal turf irrigation is generally adequate (one inch per week) for the second growing season Irrigation rates should be adequate for new trees' establishment even when that is greater than water demand for turf It is the contractor's duty to determine and supply the water needs of trees and shrubs b Inspect new plantings on a regular basis c Remove tree wrap the next spring season after planting d Re -mulch trees on an annual basis to maintain a four -inch deep mulch cover Maintain tree rings in turf zones as weed free e Insect and disease levels shall be monitored and control measured implemented when necessary following IPM practices Check with Assistant City Forester prior to implementing any control measures f Remove all tree stakes and guy wires from trees one year after conditional acceptance g Fertilizing In addition to fertilizing of trees shrubs, ground covers, and lawns herein specified furnish and apply any additional fertilizers necessary to maintain plantings in a healthy, green, vigorous growing condition during the maintenance period Do not over apply fertilizer Inspection a The Contractor shall notify the Owner's Representative prior to fertilizing, and spraying operations b The Owner's Representative shall perform periodic inspections during the growing season of the site with the Contractor to determine that maintenance is sufficient to insure a healthy condition of the landscape work A final inspection will be held at the end of the two growing season maintenance period c The Landscape Contractor shall be available to meet on site with the Owner's Representative at any time within 24 hours notice during the construction, establishment, or maintenance period d Replacements Immediately replace any plant materials that die or are damaged Lawns that do not grow shall be resodded Replacements shall be made to the Specifications as required for original plantings 3 10 CLEAN UP P \Bids\2008 BIDS 6078\6099 Drake Zrgeler Improvement Project Phase 111\Dreke Ziegler Phase 3 Geneml Spees doc General Reqs 37 Drake/Ziegler Improvement Project Phase III Date Aprd 3 2008 A Remove all cans surplus materials and other debris from site Neatly dress and finish all planting areas Flush walks, paved areas and the like clean to the satisfaction of the Owner's Representative B Rinse foliage of all plant materials within the construction area as often as necessary to keep the foliage free from dust generated by the work of this contract END OF SECTION P \Bids\2008 BIDS 6078\6099 Drake Ztgeler Improvement Project Phase III\Dmke Ziegler Phase 3 General Specs doc General Reqs 38 Drake/Ziegler Improvement Project Phase III Date April 2008 DRAKE/ZIEGLER IMPROVEMENT PROJECT PHASE III The Colorado Division of Highways Standard Specifications for Road and Bndge Construction (2005) except as revised herein is hereby adopted as a minimum standard of compliance for this project The City of Fort Collins Storm Drainage Construction Standards City of Fort Collins Water Utilities Standard Construction Specifications City of Fort Collins Design Cntena and Standards for Streets and City of Fort Collins Work Area Traffic Control Handbook shall also serve as mimmum standards of compliance for this project They are not included in the contract documents but may be obtained at the appropriate City Departments It shall be the Contractor's responsibility to purchase and familiarize themselves with all of the City Department Specifications These project specifications City Department specifications and CDOT standard specifications are considered minimum standards for compliance on this project In those instances where the CDOT Standard Specifications conflict with the City specifications listed above the City specifications shall govern In those instances where the CDOT Standard Specifications conflict with any of the provisions of the preceding Sections 00001 through 01750 General Requirements the preceding sections shall govern PROJECT CONSTRUCTION SPECIFICATIONS INDEX OF REVISIONS SECTION PAGE 201 CLEARING AND GRUBBING Technical Specs 2 202 REMOVALS Technical Specs 3 203 EXCAVATION AND EMBANKMENT Technical Specs 45 206 EXCAVATION AND BACKFILL FOR STRUCTURES Technical Specs 6 7 208 EROSION CONTROL Technical Specs 8 210 RESET STRUCTURES Technical Specs 9 10 304 AGGREGATE BASE COURSE Technical Specs 11 306 RECONDITIONING Technical Specs 12 307 FLYASH STABILIATION Technical Specs 13 16 401 PLANT MIX PAVEMENT GENERAL Technical Specs 17 22 403 HOT BITUMINOUS PAVEMENT Technical Specs 23 26 412 PORTLAND CONCRETE PAVEMENT Technical Specs 2728 506 RIP RAP Technical Specs 29 30 601 STRUCTURAL CONCRETE Technical Specs 31 603 CULVERTS AND SEWERS Technical Specs 32 604 MANHOLES INLETS AND METER VAULTS Technical Specs 33 608 SIDEWALKS AND DECORATIVE CROSSWALKS Technical Specs 34 35 609 CURB AND GUTTER Technical Specs 36 619 WATER LINES Technical Specs 37 U Drake/Ziegler Improvement Project Phase lIffechmcal Specifications Technical Specs 1 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows Subsection 20101 is revised to include the following Date April 3 2008 This work shall consist of clearing grubbing removing and disposing of vegetation and debris within the limits of the right of way easement areas borrow pits and other areas shown in the Contract or required by the work Vegetation and objects designated to remain shall be preserved free from injury or defacement The Owner will designate all trees shrubs plants and other objects to remain Every object that is designated to remain and is damaged shall be repaired or replaced as directed at the Contractors expense Clearing and grubbing shall extend to the toe of the fill or the top of cut slopes unless otherwise designated All surface objects trees stumps roots fencing and other protruding obstructions not designated to remain shall be cleared and grubbed including mowmg as required Undisturbed stumps roots and nonperishable solid objects located 2 feet or more below subgrade or embankment slope may remain in place In areas to be rounded at the tops of back slopes stumps shall be removed to at least 2 feet below the surface of the final slope All cleared material or debris shall be disposed of outside of the project limits Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 201 01 Clearing and Grubbing — (LS) The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in the clearing and grubbing as specified in these specifications and as directed by the Engineer END OF SECTION U \Drake/Ziegier Improvement Project Phew III\Technical Specifications Technical Specs 2 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 202 REMOVALS Date April 3 2008 Section 202 of the Standard Specifications is hereby revised for this project as follows Subsection 202 01 is revised to include the following The Contractor shall remove and dispose of all irrigation structures pipe structures asphalt curb and gutter obstructions that are designated for removal by the Engineer All such removals will be measured in the field and quantities agreed to by the Contractor and the Engineer Subsection 202 02 is revised to include the following Disposal Site Materials designated for removal shall become property of the Contractor unless noted in the specifications or specified by the Engineer to be salvaged or stockpiled It shall be the Contractors responsibility to obtain disposal sites for all unusable material which is removed Subsection 202 03 is revised to include the following Prior to removal concrete and/or asphalt shall be saw cut full depth to a clean and straight vertical line Pieces of concrete which due to the Contractors operations crack or break beyond the limits of construction shall be saw cut or removed to the nearest joint and removed and replaced at the Contractors expense The limit of the repair will be determined by the Engineer The initial saw cutting to remove existing concrete and/or asphalt shall be considered incidental to the Work and shall not be paid for separately under this item Removal of concrete asphalt and/or obstructions as described in section 202 01 beyond the limits designated by the Engineer will be the responsibility of the Contractor and will not be paid for under this section Subsection 202 07 is revised to include the following Remove 60x50 Existing Secondary Drainage Structure —This work requires removing a concrete stabilized soil drop structure in the approximate location of the box culvert This work shall include hauling and disposing the concrete stabilized material off site Material from this operation shall become the property of the Contractor There is a For Information Only sheet at the back of the plan set that shows the construction details for the secondary drainage structure Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 202 01 Remove Curb and Gutter — (LF) 202 02 Remove 60x50 Existing Secondary Drainage Structure — (LS) 202 03 Saw Cut Existing Asphalt — (LF) The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in removals and rotomilling including excavation backfill haul and disposal as specified in these specifications and as directed by the Engineer All saw cutting involved in removing the necessary items in order to complete the Work shall be considered incidental to the Work and will not be paid for separately END OF SECTION U \Drake/Ziegler Improvement Project Phase UBTechnical Specifications Technical Specs 3 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised as follows Subsection 203 01 is revised to include the following Date April 2008 Excavation Seeded Roadway 6" Depth Roadway — At the end of Phase 2 construction the City was required to seed the roadway to meet S W MP requirements With this final phase of construction the contractor will need to strip the top 6 of subgrade to remove all vegetation This material shall become the property of the City of Fort Collins and will used onsite in parkway and behind sidewalks This item shall include stripping existing vegetation and placing in parkways and behind sidewalks This item shall be paid according to plan quantity unless it is determined that 6 of stripping is excessive If adjustments to the depth of stripping are made the plan quantity will be adjusted to show the reduction in excavated material Borrow Suitable Fill Material This shall include supplying placing and compacting suitable fill material as directed by the Engineer This item will be used to replace the excavated subgrade material (described above) This item will be paid according to plan quantity unless it is determined that 6 of suitable fill is excessive due to adjustments in the Excavation— Seeded Roadway — 6 Depth —Roadway quantity If adjustments to the depth of fill are made the plan quantity will be adjusted to show the reduction in required fill material Splashblock Shaping — The areas in the medians beneath the exposed aggregate concrete shall be backfilled with suitable onsite material approved by the Engineer These areas shall be backfilled in lifts not to exceed six inches (6 ) and compacted with a plate compactor or as directed by the Engineer This item will not be paid for as Embankment This item will be measured in the field and will be paid for by the square foot Muck Excavation (Complete in Place) —This shall include excavation of unsuitable material supplying and placing Class 1 or 2 Structural Backfill Pit Run or an approved fill re compacting material to finish grade and haul and disposal of unsuitable material Muck Excavation of material from ram or weather damage will not be paid for and is entirely the Contractor s responsibility This item shall be measured in the field and will be paid for by the cubic yard Excavation and Embankment will only be paid when a significant change in grade is required as determined by the Engineer Minor cuts and fills shall be considered incidental to the work, and shall not be paid separately under this section If unsuitable subgrade is encountered and the Engineer directs the Contractor to over excavate the material the Contractor shall use Aggregate Base Courses (Class 5 or 6) Class I or 2 Structural Backfill Pit Run or an approved fill to backfill the over excavated area if there is not any acceptable material onsite This Work will be paid for separately under the Muck Excavation item The proposed material shall meet the following nummum requirements LL Maximum 30 PI Maximum 6 R Value Minimum 78 The minimum strength coefficient of the Aggregate Base Coarse shall be 0 11 After specified compaction has been obtained, the subgrade under the curb, gutter, sidewalk, and pavement shall be proof rolled with a heavily loaded rubber tired roller, fully loaded water truck, or approved equal Those areas which produce a rut depth of over one half (1/2) inch or which crack the subgrade after pumping and rebounding shall be npped scarified wetted or dried if necessary and recompacted to the requirements for density and moisture at the Contractor s expense Where unsuitable material is encountered the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade with approved maternal The completed subgrade shall be proof rolled again after placement of approved material This will be paid for at the contract unit price for Muck Excavation U tDrake/Ziegler Improvement Project Phase IIPTechmcal Specificatiore Technical Specs 4 required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification 20 0 TAXES OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work Said taxes shall not be included in the Contract Price Reference is made to the General and Supplementary Conditions 21 0 RETAINAGE Provisions concerning retainage are set forth in the Agreement 22 0 PURCHASING RESTRICTIONS Purchasing restrictions The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office A Cement Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 23 0 COLLUSIVE OR SHAM BIDS Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be re]ected 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 Drake/Ziegler Improvement Project Phase III Date April 2008 The Contractor shall refer to the plans for regrading information This work shall include all excavation embankment and grading required to prepare these sites for landscaping Subsection 203 04 is revised to include the following The excavations and embankments shall be finished to smooth and uniform surfaces conforming to the typical sections specified Variation from the subgrade plan elevations specified shall not be more than 0 08 feet Subsection 203 13 is revised to include the following Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 203 01 Excavation Seeded Roadway 6 Depth Roadway — (CY) 20302 Borrow Suitable Fill — (CIP) — (CY) 203 03 Muck Excavation — (CY) 203 04 Potholing — (LS) 203 05 Import Topsoil (Screened) — 3 Depth — Parkways — (SY) 203 06 Borrow ABC (Class 5 or 6) — (CIP) — (TON) 203 07 Splash Block Shaping — (SF) The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in Unclassified Excavation Embankment Haul & Dispose Topsoil (stripping stockpiling placing) Muck Excavation Borrow ABC and Median Hardscape Shaping including without limitation haul stockpiling placing of material watering or drying soil compaction proof rolling finish grading and disposal of unusable materials as shown on the plans and as specified in these specifications and as directed by the Engineer END OF SECTION U iDtake/Ziegler Improvement Project Phase 11hTechmcal Specifications Technical Specs 5 Drake/Ziegler Improvement Project Phase III Date April 3 2008 REVISION OF SECTION 206 EXCAVATION AND BACKFiLL FOR STRUCTURES Section 206 of the Standard Specifications is hereby revised as follows Subsection 206 01 is revised to include the following Structure Excavation — It is anticipated that unsuitable soils will be encountered for the abutment walls for the Foothills Channel Box Culvert The excavation of the unsuitable material has already been accounted for and will be paid for under Structure Muck Excavation The Contractor is cautioned that construction equipment may cause the natural sods to pump or deform while performing excavation work inside and on footings structural floor slabs or other structure foundation areas Foundation materials which are a) saturated by either surface or dewatenng work by the Contractor b) frozen for any reason or c) that are disturbed by the Contractor s work or caused to become unacceptable for foundation material purposes by means of the Contractor s equipment manpower or method of work shall be removed and replaced by the Contractor at his expense Care should be taken when excavating the foundations to avoid disturbing the supporting materials Excavation by either hand or careful backhoe operation may be required to achieve the subgrade depth of the last few inches of any item of the concrete work Any over excavated subgrades that are due to the Contractor s actions shall be brought back to subgrade elevations by the Contractor and at his expense in the following manner For over excavations of 2 inches or less either Backfill and compact with an approved granular materials backfill with inch washed crushed rock or fill within concrete at the time of the appurtenant structure concrete pour For over excavations greater than 2 inches backfill and compact with 1 '/, inch washed crushed rock Borrow Structure Backfill (R Value >25) — Backfill and fill within 2 feet of and adjacent to all structures and for full height of the wall shall be selected non swelling material It shall be granular well graded and free from stones larger than 3 inches Material may be.job excavated but selectivity will be required as determined by the Engineer Refer to the Plans for job specific requirements Stockpiled matenal other than topsoil from the excavation shall be used for backfilling unless an impervious structural backfill is specified The backfill matenal shall consist of either clean on site granular materials free from stones larger than 3 inches in diameter with no more than 20% passing the No 200 sieve or equivalent imported materials All backfill around the structures shall be consolidated by mechanical tamping The matenal shall be placed in 8 inch loose lifts within range of 2% above to 2% below the optimum moisture content and compacted to 95% of Maximum Standard Proctor Density (ASTM D698) for cohesive soils or to 70% relative density for pervious material as determined by the relative density of cohesion less soils ASTM D4253 Structure Backfill Flow Fill — Backfill flow fill will be required around the foundation and up to a height of 2 above the foundation This item will be paid for by the Cubic Yard Dewatering—It is anticipated that the project will require a dewatering processes This item shall include pumps labor equipment and any associated costs to insure a dry work area Also a discharge pipe is to be installed and removed to provide access for construction equipment It will be the responsibility of the contractor to obtain Dewatermg Permits from the Colorado State Health Department These combined items will be paid for as an Each price Structure Haul and Dispose — This shall consist of hauling and disposing of any excess material or unsuitable fill material on site This item will be measured from the plans and cross sections and will be paid for by the Cubic Yard This item shall be paid based on load counts U Drake/Ziegler Improvement Project Phnse III\Tmhntml Specifications Technical Specs 6 Drake/Ziegler Improvement Project Phase III Date April 2008 Structure Muck Excavation— Unsuitable matenal encountered within the area of excavation for the structure shall be removed to a depth directed by the Engineer All unsuitable material shall be disposed of as directed Muck excavation of material from ram or weather damage will not be paid for and is entirely the Contractor s responsibility This Item shall be measured in the fi6ld and will be paid for by the Cubic Yard Subsection 206 07 is revised to include the following Payment will be made under Pay Item and Pay Urn The pay unit is denoted by ( ) 20601 Structure Excavation — (CY) 20602 Borrow Structure Backfill (R Value>25) @ Wmgwalls —(CY) 20603 Structure Backfill Flow Fill @ Box Culvert—(CY) 20604 Filter Material (1 '/2 Washed Rock) —(TON) 206 05 Structure Haul and Dispose (On Site) — (CY) 206 06 Structure Muck Excavation — (CY) 206 07 Dewatermg—(EA) END OF SECTION U IDrake/Ziegler Improvement Project Phase IIPTechmcal Specifications Technical Specs 7 Drake/Ziegler Improvement Project Phase III SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows Subsection 208 01 is revised to include the following Date April 2008 All Erosion Control Devices Materials and Techniques required to prevent damage to the storm water facilities as outlined in the City of Fort Collins Standards will be considered incidental to the work and shall be included in the price No measurement for payment shall be made for maintenance of Erosion Control devices This item will be paid for as a lump sum pnce to the Contractor Working in or Crossing Watercourses and Wetlands — Construction vehicles should be kept out of watercourses to the extent possible Where in channel work is necessary precautions must be taken to stabilize the work area during construction to minimize erosion control The channel (including bed and banks) must always be re stabilized immediately after in channel work is completed Where a live (wet) watercourse must be crossed by construction vehicles during construction a Temporary Stream Crossing must be provided for this purpose Soil Retention Blanket (straw/coconut) shall be a machine produced mat consisting of 70 percent agricultural straw and 30 percent coconut fiber The blanket shall be of consistent thickness with the straw and coconut fiber evenly distributed over the entire area of the mat The blanket shall be covered on the top and bottom with 100% biodegradable natural organic fiber netting Subsection 208 07 is revised to include the following The accepted quantities will be paid for at the contract unit pnce Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 208 01 Erosion Control — per plan — contractor obtains SWMP from State — (LS) 208 02 Soil Retention Blanket w/seed @ Box Culvert — (SF) The above lines and payments shall include full compensation for furnishing all labor matenals tools equipment and incidentals and for doing all work involved in installing and maintaining erosion control complete in place as specified in these specifications and as directed by the Engineer END OF SECTION U \Dmke/Ziegler Improvement Project Phase lIffechmcal Specifications Technical Specs 8 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised as follows Subsection 210 01 is revised to include the following Date April 2008 Work contained in this Subsection shall meet the requirements of the current City of Fort Collins Specifications or other applicable water utility agency standard construction specifications The Contractor shall cooperate and coordinate with the City of Fort Collins or other applicable water utility when shutting off water to minimize downtime to customers The Contractor shall also coordinate work involving the relocation of fire hydrants water meters curb stops and water valves and lowering water and sewer service Imes and water Imes The Contractor shall supply all materials required to complete the work that is not supplied by the City or other applicable water utility and these materials shall be included in the costs of each item This shall include but not be limited to new copper line and fittings new stop boxes meter pits excavation backfill and compaction New copper fittings stop boxes and meter pits will be required at each location All structures located in bituminous pavements to be surfaced shall be adjusted prior to or during paving operations All structures located within a concrete pavement shall be adjusted prior to opening the roadway The Contractor shall perform all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand pnor to commencing the work The adjustments shall be made as noted below All structures shall be adjusted to be V4 +/ 1/8 below the pavement surface The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes valve boxes or other structures during the construction process In the event that a structure was not properly adjusted It a too high or too low) or the structure was covered and not adjusted after the paving operation written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within 5 working days In the event that the structure is not adjusted within said time frame the Engineer shall have the right to engage a third party to complete the work and to withhold the cost of such work from payments due the Contractor If a structure is adjusted prior to an overlay operation the Contractor shall place bituminous base material around the structure as directed by the Engineer to insure that it will not be a hazard to vehicular traffic This will be paid for under the bid item for Asphalt Patching Adjust Valve Box (COFC Water Dept )— Valve boxes located within asphalt pavement shall be adjusted by removing the existing pavement around the valve box adjusting the valve by turning it to the proper grade trimming the existing asphalt by cutting vertical edges then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement If a valve box cannot be turned up or can be turned up but not sufficiently to achieve the proper grade or if the top section of the valve box is in poor condition the Contractor shall excavate around the top section of the valve box and remove and replace the top section with a longer section supplied by the Contractor The excavation shall then be back filled with Non -Shrink backfill to the top of subgrade and then material of the same grade and quality as the adjacent pavement shall be placed The Contractor shall exercise reasonable care while attempting to adjust the valve boxes If in the opinion of the Engineer the Contractor is negligent and breaks the valve box the valve box shall be replaced at the Contractor s expense This item will be paid under Adjust Valve Box — (EA) U \Drake/Ziegler Improvement Project Phase IIPTechnical Specifications Technical Specs 9 Drake/Ziegler Improvement Project Phase III Date April 3 2008 Adjust Manhole Ring/Cover — Manholes located within existing asphalt pavement shall be adjusted by removing an area of pavement with a minimum diameter one foot (1 ) larger than the structure (centered on the structure) This shall be done by cutting vertical edges adjusting the manhole by grouting concrete rings and/or utilizing metal shims to raise the structure to the proper grade then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement When the manhole adjustment is complete the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions Any manhole cover which is unstable or noisy under traffic shall be replaced This item will be paid under Adjust Manhole Ring/Cover — (EA) Traffic Signs Prior to commencement of any construction that will affect traffic signs of any type the Contractor shall contact the City of Fort Collins Streets Division and the City Project Inspector for removal of the signs The COFC Streets Division will remove these signs and reset all traffic signs upon project completion Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 21001 Modify Manhole— (EA) 210 02 Relocate Existing Headgate — (LS) 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 metal shims bituminous matenals haul and disposal excavation bedding matenal backfill and compaction as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION U IDmkelZiegler Improvement Project Phase IIDTechmcal Specifications Technical Specs 10 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is revised as follows Date April 2008 Subsection 304 01 is revised to include the following This work shall consist of placing 10 of Aggregate Base Course (Class 5 or 6) over previously prepared pavement sub grade approved by the Engineer Aggregate Base Course will be used under the asphalt pavement section and shall meet the requirements of Subsection 703 03 The proposed material shall meet the following minimum requirements LL Maximum 30 PI Maximum 6 R Value Minimum 78 The minimum strength coefficient of the Class 5 or 6 Aggregate Base Course shall be 0 11 Subsection 304 06 is revised to include the following Aggregate Base Course shall be compacted to at least 95% of maximum density at or near optimum moisture as determined by ASTM D698 Subsection 304 07 is revised to include the following Aggregate Base Course will be measured by the ton at proper moisture Quantity will be adjusted accordingly if the moisture content is too high Haul and water necessary to bring mixture to optimum moisture will not be measured or paid for separately but shall be included in the price for Aggregate Base Course Load tickets shall be consecutively numbered for each day Soil sterilization shall be applied under all new asphalt Pavine and shall be considered incidental to the work Sterilization shall not be paid for separately under this item Subsection 304 08 is revised to include the following The accepted quantities of Aggregate Base Course will be paid for at the contract unit price per ton Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 30401 Aggregate Base Course —(Class 5 or 6)— 6 Depth— (CIP) — (TN) The above prices and payments shall include full compensation for furnishing all labor matenals tools equipment and incidentals and for doing all work involved in Aggregate Base Course including haul sterilization and water The work will be complete in place as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION U Drake/Ziegler Improvement Project Phase lIffechnical Specifications Technical Specs 11 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 306 RECONDITIONING Section 306 of the Standard Specifications is hereby revised for this project as follows Subsection 306 02 is revised to include the following Date April 3 2008 The top 6 of the sub grade including fill areas (curb gutter and sidewalk areas) shall be reconditioned by scarifying and re compacting The sub grade shall be thoroughly mixed and dried or moistened to full depth and compacted as specified in Section 203 07 The reconditioned surface shall not vary above or below the lines and grades as staked by more than 0 04 foot under asphalt or concrete pavement or 0 08 foot under aggregate base course The surface shall be tested prior to application of any base course or pavement All defective work shall be corrected as directed by the Engineer The surface shall be protected and maintained until base course or pavement has been placed If the Contractor chooses to use road base as a fine grading material or a material to mitigate over excavated or ram damaged areas this shall be entirely the Contractor's cost and shall be considered incidental to the Work The Contractor shall be paid for reconditioning if reconditioning has been attempted and muck excavation in the event that unsuitable material is encountered and removed at the direction of the Engineer It shall beat the Engineer s discretion to determine if the Contractor has made a sufficient effort to control the moisture in the sub grade material and made a reasonable effort to recondition the sub grade Soil sterilization shall be applied imder all new asphalt paving and shall be considered incidental to the work Sterilization shall not be paid for separately under this item This item (Reconditioning) will not be necessary or pail for in Subsection 306 04 is revised to Include the following The accepted quantities of Reconditioning will be paid for at the contract unit price per square yard Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 306 01 Sidewalk Preperation — (SY) 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 Reconditioning complete in place including compaction wetting or drying and finish grading as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION U \Drake/Ziegler Improvement Pmjmt Phase IIIITmhmcal Specifications Technical Specs 12 Drake/Ziegler Improvement Project Phase III Date April 3 2008 REVISION OF SECTION 307 FLYASH SUBGRADE STABILIZATION Section 307 of the Standard Specifications is revised as follows This item shall consist of treating the subgrade adding Class C fly ash mixing and compacting of the mixed material to the required depth and density This item applies to natural ground or embankment and shall be constructed as specified herein and in conformity with the typical sections lines and grades as shown on the plans or as established by the Engineer MATERIALS A Fly Ash The fly ash shall meet ASTM Specification 618 Section 3 2 when sampled and tested in accordance with Sections 4 6 and 8 unless otherwise shown on the plans Fly ash shall be Class C designation containing a minimum of 25 percent CaO Water The water used in the stabilized mixture shall be clean clear and free of sewage vegetable matter oil acid and alkali Water known to be potable may be used without testing All other sources shall be tested in accordance with AASHTO T 26 and approved by the Materials Engineer EQUIPMENT A The machinery tools and equipment necessary for proper prosecution of the Work shall be on the project site and approved by the Engineer prior to the beginning of construction operations All machinery tools and equipment used shall be maintained in a satisfactory and workmanlike manner B Fly ash shall be stored and handled in closed weatherproof containers until immediately before distribution on the road If storage bins are used they shall be completely enclosed C If fly ash is furnished in trucks each truck shall have the weight of fly ash certified on public scales or the Contractor shall place a set of standard platform truck scales or hopper scales at a location approved by the Engineer CONSTRUCTION METHODS A General It is the pnmary purpose of this specification to secure a completed course of treated material that contains the following 1 Uniform fly ash/soil mixture with no loose or segregated areas 2 Uniform density and moisture content 3 Is well bound for its full depth 4 A smooth surface suitable for placing subsequent courses It shall be the responsibility of the Contractor to regulate the sequence of his work to process a sufficient quantity of material to achieve full depth as shown on plans to use the proper amounts of fly ash to maintain the work and to rework the courses as necessary to meet the above requirements at no additional cost Before other construction operations are initiated the subgrade shall be graded and shaped to enable the fly ash treatment of materials in place in conformance with the lines grades and thickness shown on the plans Unsuitable soil or materials shall be removed and replaced with acceptable material The subgrade shall be fine and able to support without displacement the construction equipment and the U IDrske/Ziegler Improvement Project Phase Ilffechnical Specifications Technical Specs 13 Drake/Ziegler Improvement Project Phase III Date April 2008 compaction hereinafter specified Soft or yielding subgrade shall be corrected and made stable by scanfymg adding fly ash and compacting until it is of uniform stability If the Contractor elects to use a tnmrmng machine that will remove the subgrade material accurately to the secondary grade he will not be required to expose the secondary grade or windrow the material However the Contractor shall be required to roll the subgrade as directed by the Engineer before using the trimming machine and correcting any soft areas that this rolling may reveal This method will be permitted only where a machine is provided which will ensure that the matenal is cut uniformly to the proper depth and which has cutters that will plane the secondary grade to a smooth surface over the entire width of the cut The machine shall be of such design that visible indication is given at all times that the machine is cutting to the proper depth B Application The fly ash shall be spread by an approved spreader at the rate of 12% dry weight of soil as shown on the plans and as directed by the Engineer A motor grader shall not be used to spread the fly ash The fly ash shall be distributed at a uniform rate and in such manner as to reduce the scattering of fly ash by wind to a minimum Fly ash shall not be applied when wind conditions in the opinion of the Engineer are such that blowing fly ash becomes objectionable to traffic or adjacent property owners During final mixing water shall be added to the matenals as directed by the Engineer until the proper moisture content has been secured Water shall be added through the pulverizing machine or method acceptable to the Engineer to develop a uniform, controlled rate addition of the needed moisture Initial mixing after the addition of fly ash will be accomplished dry or with a nummum of water to prevent fly ash balls Final moisture content of the mix prior to compaction shall not exceed the optimum moisture content of the mix by more than two percent nor by less than the optimum by more than four percent Should the natural moisture content ofthe soil be above the specified range aeration of the soil may be required pnor to addition of the fly ash C Mixing The soil and fly ash shall be thoroughly mixed by approved rotary mixers or other approved equipment and the mixing continued until in the opinion of the Engineer a homogeneous friable mixture of soil and fly ash is obtained free from all clods or lumps Water required to achieve the specified moisture content for the mixture should be added after initial mixing If the soil fly ash mixture contains clods they shall be reduced in size by raking blading disking harrowing scanfymg or the use of other approved pulverization methods so that when all non slaking aggregates retained on the No 4 sieve are removed the remainder of the matenal shall meet the following requirements when tested at the field moisture condition or dry by laboratory sieves Minimum Passing 1 inch sieve 100 percent Minimum Passing No 4 sieve 60 percent D Compaction Compaction of the mixture shall begin immediately after mixing of the fly ash and be completed within one hour following addition of fly ash and water The material shall be sprinkled as necessary to maintain the optimum moisture Compaction of the mixture shall begin at the bottom and shall continue until the entire depth of mixture is uniformly compacted to a specified density All non uniform (too wet too dry or insufficiently treated) areas which appear shall be corrected immediately by scarifying the areas affected adding or removing material as required and reshaping the recompacting by sprinkling and rolling The surface of the course shall be maintained in a smooth condition free from undulations and ruts until other work is placed thereon or the work is accepted U \Drake/Ziegler Improvement Project Phase III\Technical Specifications Technical Specs 14 SECTION 00300 BID FORM Drake/Ziegler Improvement Project Phase III Date April 2008 The stabilized section shall be compacted to the extent necessary to provide the density specified below Description For fly ash treated subgrade existing subase or existing base that will receive subsequent sub base or base courses Not less than 95 percent maximum dry density (ASTM D 698) For fly ash treated sub base or base that will receive surface course Not less than 95 percent maximum dry density (ASTM D 698) In addition to the requirements specified for density the full depth of the matenal shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment After each section is completed the Engineer will make tests as necessary If the material fads to meet the density requirements the Engineer may require it to be reworked as necessary to meet those requirements or require the Contractor to change his construction methods to obtain required density on the next section Throughout this entire operation the shape of the course shall be maintained with a blade and the surface upon completion shall be smooth and in conformity with the typical section shown on the plans and to the established lines and grades Grading should be terminated within two hours after blending of the fly ash Should the material due to any reason or cause lose the required stability density and finish before the next course is placed or the work is accepted it shall be reprocessed re compacted and refinished at the sole expense of the Contractor Reprocessing shall follow the same pattern as the initial stabilization including the addition of fly ash E Finishing, Curing and Preparation for Surfacing After the final course of the treated sub grade sub base or base has been compacted it shall be brought the required Imes and grades in accordance with the typical sections The resulting base surface shall be thoroughly rolled with a pneumatic tire roller and clipped skinned or `tight bladed by a power grader to a depth of approximately 3 inch removing all loosened stabilized material from the section Re compaction of the loose material should not be attempted The surface shall then be thoroughly compacted with the pneumatic roller adding small increments of moisture as needed during rolling If plus No 4 aggregate is present in the mixture one complete coverage of the section with the fat wheel roller shall be made immediately after the clipping operation When directed by the Engineer surface finishing methods may be vaned from this procedure provided a dense uniform surface free of surface compaction plans is produced The moisture content of the surface material must be maintained within the specified range during all finishing operations Surface compaction and finishing shall proceed in such a manner as to produce in not more than two hours a smooth closely knit surface free of cracks ridges or loose material conforming to the crown grade and line shown on the plans 2 After the fly ash treated course has been finished as specified herein the surface shall be protected against rapid drying by either of the following cunng methods for a period of not less than three days or until the surface or subsequent courses are placed (a) Maintain a thorough and continuously moist condition by sprinkling (b) Apply a two inch layer of earth on the completed course and maintain in a moist condition (c) Apply an asphalt membrane to the treated course immediately after same is completed The quantity and type of asphalt approved for use by the Engineer shall be sufficient to completely cover and seal the total surface of the base between crown Imes and all voids If the Contractor elects to use this method it shall be the responsibility of the Contractor to protect the asphalt membrane from being picked up by traffic by either sanding or dusting the surface of same The asphalt membrane may remain in place when the proposed surface or other base courses are placed Asphaltic emulsions are not acceptable for the asphaltic membrane U IDmke/Ziegler Improvement Project Phase IIDTechnical Specifications Technical Specs 15 Drake/Ziegler Improvement Project Phase III METHOD OF MEASUREMENT Date April 2008 Fly Ash Subgrade Stabilization will be measured by the square yard to the limits as constructed in the field and be paid for at the contract unit price per square yard NOTE The square yards of Fly Ash Subgrade Stabilization is an estimate only based on the sods report and general knowledge of the sod conditions in this area The subgrade areas to be stabilized with fly ash will be determined by the Engineer based upon results after proof rolling and effects resulting from inclement weather conditions Subgrade areas not requiring fly ash stabilization will be Reconditioned (Revision of Section 306), measured by the square yard as constructed in the field and paid for at the Reconditioning contract unit price Der square yard Darn ur rn r tvir,rr i Payment will be made under Pay Item and Pay Um[ The pay unit is denoted by ( ) 307 01 Fly Ash 12 Depth 12% (SY) 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 Fly ash stabilization complete -in place including compaction and wetting or drying as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION U \Drake/Ziegler Improvement Project Phase IIPTechmcal Specifications Technical Specs 16 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 401 & 703 PLANT MIX PAVEMENTS — GENERAL & AGGREGATES Section 401 and 703 of the Standard Specifications is hereby revised as follows Subsection 40102 is hereby revised to include the following Date April 2008 Requests made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer A job mix formula shall be determined by the Contractor and submitted to the Engineer for approval a minimum of one week prior to the beginning of construction for each proposed change The Contractor shall provide the Engineer with an asphalt mix design report from an independent testing laboratory acceptable to the Engineer The report shall state the Mix properties optimum oil content job mix formula and recommended mixing and placing temperatures The costs for all job mix formulas shall be the responsibility of the Contractor If the Contractor uses more than three (3) job mix formulas for a type of plant mix pavement used the City may charge the Contractor for testing and evaluation of the mix designs including the costs for calibration of a Nuclear Asphalt Oven For Superpave Mixes delete Table 401 2 and replace with the following TABLE 401-2 Grading Test Procedure Minimum Test Sampling Frequency Result All Gradings CP L 5109 Method B 80 One per 10 000 metric tons (10 000 tons) or fraction thereof (minimum) In subsection 40102, delete the second, third, and fourth paragraphs and replace with the following 1 A proposed plant mix pavement mix design prepared in accordance with Colorado Procedure 52(CP52 99) including a proposed job mix gradation for each mixture required by the Contract which shall be fully within the Master Range Table Tables 703 3A B and C before the tolerances shown in Table 401 1 are applied The weight of lime shall be included in the total weight of the material passing the 75 mm (No 200) sieve The restricted zone boundaries shown for all gradmgs in Tables 703 3A 703 3B and 703 3C are to be used as guidelines in mix design development However the job mix gradation is not required to pass above or below the restricted zone boundaries 2 The name of the refinery supplying the asphalt cement and the source of the anti stripping additive 3 A sufficient quantity of each aggregate for the Department to perform the tests specified in section 2 2 1 of CP52 In subsection 40102 delete Table 401 1, including the footnotes, and replace with the following ------------- 01 1Bitumen Content t0 3% ecycling Agent t0 2% ure of Mixture When Discharged from Mixer t10 C minous Pavement Item 403 FPassing e 9 5 mm (1/s') and larger sieves t6% e the 4 75 min (No 4) and 2 36 min (No 8) sieves t5% e 600 min (#30) sieve f4% e 75 min #200) sieve t2% 'When 100% passing is designated there shall be no tolerance When 90 100% passing is designated 90% shall be the minimum no tolerance shall be used U iDmke/Ziegler Improvement Project Phase IffiTmlinical Specifications Technical Specs 17 Drake/Ziegler Improvement Project Phase III Delete Subsection 40107 and replace with the following Date April 2008 Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water snow and ice The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401 3 and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted Table 4013 Placement Temperature Limitations in C Compacted Layer Minimum Surface and Arr Thickness in Temperature C ( F) min (inches) Top Layers Below Layer Too Laver <38 (1Y2) 15 (60) 10 (50) 38 (IY2) <75 (3) 10 (50) 5 (40) 75 3) or more 7 45) 2 35 Note Air temperature is taken in the shade Surface is defined as the existing base on which the new pavement is to be placed If the temperature falls below the mimmum air or surface temperatures paving shall stop The Contractor shall schedule the work so that no planed or recycled surface is left without resurfacing for more than 10 calendar days during the period specified in Table 401 3A below The Contractor shall immediately place a temporary hot bituminous pavement layer on any surface that has been planed or recycled and can not be resurfaced in accordance with the above temperature requirements within 10 calendar days after being planed or recycled The mimmum thickness of the temporary hot bituminous pavement layer shall be 50 min (2 inches) The Contractor shall perform the quality control required to assure adequate quality of the hot bituminous pavement used in the temporary layer All applicable pavement markmgs shall be applied to the temporary layer surface The Contractor shall maintain the temporary layer for the entire period that it is open to traffic Distress which affects the nde safety or serviceability of the temporary layer shall be immediately corrected to the satisfaction of the Engineer The temporary hot bituminous pavement layer shall be removed when work resumes Table No 401 3A Periods Requiring Overlay of Treated Surfaces Location by Elevation Period During Which Planed or Recycled Surfaces Must be Overlaid within Ten Days All areas below and including 2100 in October 1 to March 1 7000 feet All areas above 2100 in (7000 feet) up to and including2600 in8500 feet September 5 to April 1 All areas above 2600 in (8500 feet) August 20 to May 15 In Subsection 40115 delete the third and fourth paragraphs (including table) and replace with the following The minimum temperature of the mixture when discharged from the mixer and when delivered for use shall be as shown in the following table U \Drake/Ziegler Improvement Project Phase IllUmlinical Specifications Technical Specs 18 Drake/Ziegler Improvement Project Phase III Date April 2008 Asphalt Grade Minimum Mix Discharge Temperature OC F)* Minimum Delivered Mix Temperature °C F)** PG 58 28 135 (275) 113 (235) PG 58 22 138 (280) 113 (235) PG 64 22 143 (290) 113 (235) AC 20 Rubbenzed 160 (320) 138 (280) PG 76 28 160 (320) 138 (280) PG 70 28 149 (300) 138 (280) PG 64 28 149 (300) 138 (280) PG 58 34 149 (300) 138 (280) The maximum mix discharge temperature shall not exceed the minimum discharge temperature by more than 17°C (30 F) ** Delivered mix temperature shall be measured behind the paver screed Hot mix asphalt mixture shall be produced at the lowest temperature within the specified temperature range that produces a workable mix and provides for uniform coating of aggregates (95% minimum in accordance with AASHTO T 195) and that allows the required compaction to be achieved Subsection 40116 is hereby revised to include the following The mixture shall be laid upon an approved surface spread and struck off to provide for drainage to the side(s) of the roadway with a minimum cross slope of two percent (2%) or as directed by the Engineer In subsection 40117 first paragraph delete the last two (2) sentence and replace with the following When the mixture contains unmodified asphalt cement (PG 58 28 PG 58 22 or PG 64 22) or modified (PG 58 34) and the surface temperature falls below 85 C (185 F) no further compaction effort will be pemutted unless approved If the mixture contains modified asphalt cement (AC 20R PG 76 28 PG 70 28 or PG 64 28) and the surface temperature falls below 110 C (230 F) no further compaction effort will be permitted unless approved Subsection 401 17 is hereby revised to include the following All pneumatic tire rubbers shall be equipped with rubber skirts In subsection 703 04 delete Table 703 3 and replace with Tables 703 3A, B and C as follows U Orake/Ziegler Improvement Pmiect Phase IIETechnical Specificanoris Technical Specs 19 Drake/Ziegler Improvement Project Phase III TABLE 703 3A Master Range Table for Hot Bituminous Pavement (Grading S) Date Apnl3 2008 eve ize Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum m(1'/2 )m(l) 100 in ('/.) 90 100 m ('/2)(1/8)in FISOMM(4100) (#4)m (#8) 23 49 346 346 n (#16) 223 283 (#30) * 167 207 (#50) 137 13 7 (# 100) 75 mm (#200) 2 8 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix U \Drake/Ziegler Improvement Project Phase IlllTechnical Specifications Technical Specs 20 Drake/Ziegler Improvement Project Phase III Date April 2008 TABLE 703 3B Master Range Table for Hot Bituminous Pavement (Grading SX) Steve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 375mm(1%: ) 250mm(1 ) 190min (Y4 ) 100 12 5 mm (% ) 90 100 95mm('/8) 4 75 mm (#4) 2 36 min (#8) 28 58 391 39 1 1 18 trim (#16) 256 316 600 min (#30) * 191 23 1 300 min (#50) 155 15 5 150 mm (#100) 75 mm (#200) 2 10 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix U Orakethegler Improvement Project Phase IIATechmcal Specifications Technical Specs 21 Drake/Ziegler Improvement Pmlect Phase III Date April 2008 TABLE 703 3C Master Range Table for Hot Bituminous Pavement (Grading SG) Steve Size Percent by Weight Passing Square Mesh Sieves Restncted Zone Boundary (Guideline) Minimum Maximum 37 5 mm (1'/2 100 25 0 mm (1) 90 I00 190mm('/e ) 12 5 nun (%:) 9 5 min (s/e) 4 75 min (#4) * 395 395 2 36 min (#8) 19 45 268 308 1 18 min (#16) 181 241 600 min (#30) * 136 176 300 min (#50) 114 114 150 mm (#100) 75 mm (#200) 1 7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix END OF SECTION U Orake/Ziegler Improvement Prgect Phase IID mlinical Specifications Technical Specs 22 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications is hereby revised as follows Subsection 403 01 is revised to include the following Date April 3 2008 Hot Bituminous Pavement — This shall consist of constructing one or more courses of HBP Grading S & SG over existing pavement or subgrade surfaces previously prepared by the contractor or City of Fort Collins Crews Asphalt Hand Patching — HBP Grading S & SG shall be used in locations as directed by the Engineer These quantities will be restricted to small areas which require hand placement methods and conventional paving equipment cannot be utilized Asphalt Leveling Course 'a% Grading S — (PG 64 22) — (TON) WestBound Harmony Detour Paveing 200'x60'x4" (2" PG 64 22 on 3' PG 58 28) — This work will consist of installing 3 of PG 58 28 SG with a 2 PG 64 22 top lift at the shoe flys to detour traffic around the concrete intersection work and the fill work on the Westbound lanes of Harmony Road The City of Fort Collins anticipates using a shoe fly at approximate locations STA 132+50 to 134+50 AND STA 163+00 to 165+00 The fill required to build up the shoe flys will be included in the earth as fill is necessary in these locations per the final design Pavement cutting excavation subgrade preparation haul and disposal bitummous materials aggregate asphalt cement asphalt recycling agent additives hydrated lime and all other work necessary to complete each hot bituminous pavement item will not be paid for separately but shall be included in the unit price bid The item will be paid as per Ton Subsection 403 02 is revised to include the following Laboratory Mix Design — Grading S & SG The mix designs shall be prepared by an independent laboratory acceptable to the Engineer and shall be submitted by the Contractor to the Engineer for approval a minimum on one (1) month prior to the beginning of paving for this project The criteria for the mix design is as follows HBP Grading S & SG SEE TABLE 403-1 NEXT PAGE FOR DESIGN CRITERIA A request made in writing by the Contractor for changes in the lob mix formula will be considered by the Engineer The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HBP This plan shall be submitted to the Engineer and approved prior to beginning the paving operations When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume The Contractor will not be allowed to clean the paver hoper during paving operations Reclaimed materials will not be allowed in Hot Bituminous Pavement A maximum of 20% reclaimed material will be allowed for HBP Gradng SG The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year shall be completed to the full thickness required by the plans The Contractors Progress Schedule shall show the methods to be used to comply with this requirement U \Drake/Ztegler Improvement Project Phase IlUmlimcal Specifications Technical Specs 23 Drake/Ziegler Improvement Project Phase III Date April 3 2008 Vertical drop offs will notbe allowed at the end ofanv daps Paving Pacer joints will be required to a taper epualmg 3 tunes the amount of droa Paving joints shall be at the lane lines or in the center of the lane In no case shall the pavme taints be in the wheel Path The contractor shall submit a longitudinal joint and pavement marking plan 3 to PAVEMENT SECTION NOTE All Contract Quantites are Based Grading S 100 (PG 64-28) on a Preliminary Pavement Design Grading SG 100 (PG58 28) by Terracon The City is currently Aggregate Base Coarse performing a final pavement design Flyash Treated Subgrade for Harmony and Ziegler The Quanhtes are Representative of the Design we Antieinate on each Roadway the design mix for Grading S SX and SG shall conform to the following TABLE 403 1 erty Test Method Grading S Grading SG Grading Sx N/A this Project oids percent at itial) CPL 5115 > 11 0 > 11 0 > 11 0 esign) 30 50 30 50 30 50 (maximum) > 2 0 > 2 0 > 2 0 Compaction (Revolutions) itial) (a) CPL 5115 8 8 (a) sign) (b) FAccelerated 100 100 (b) aximum a) 174 174 a) ity minimum (a) formation) CPL 5106 42 42 (a) egate Retained on the 4 75 mm 4) Sieve with at least two anically Induced Fractured CP 45 60 60 60 s % minimum lerated Moisture Susceptibility Tensile Strength Ratio (Lottman) CPL 5109 80 80 80 Method B m m Dry Split Tensile CPL 5109 Strength kPa (psi) Method B 205 (30) 205 (30) 205 (30) f Asphalt Cement Layer FofAsphalt PG 64 28 PG 58 28 PG 64 28 f Asphalt Cement Layers o PG 64 28 PG 58 28 PG 64 22 the Mineral Aggregate ailled CP 48 l40 120 (a)%trummum with Asphalt (VFA) % (a)I At MS 2 65 75 65 75 ML (a) (a) Current CDOT Design Criteria U \Drake/Ziegler Improvement Project Phase IIATechmcal Specifications Technical Specs 24 SECTION 00300 BID FORM PROJECT 6099 Drake Ziegler Improvements Project Phase III Place Date 1 In compliance with your Invitation to Bid dated 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules 2 The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned 3 Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of (S ) in accordance with the Invitation To Bid and Instructions to Bidders 4 The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows 5 All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list 6 Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents 7 The undersigned Bidder hereby acknowledges receipt of Addenda No through Rev 10/20/07 Section 00300 Page 1 Drake/Ziegler Improvement Project Phase III Date April 3 2008 (b) Residential 50 Collector 75 Arterial 100 Note AIMS 2 = Asphalt Institute Manual Series 2 Note The current version of CPL 5115 is available from the Region Materials Engineer Note Mixes with gradations having less than 40% passing the 4 75 mm (No 4) sieve shall be approached with caution because of constructability, problems Subsection 403 03 is revised to include the following Regardless of the delivery temperature the mixture shall not be placed for use on the roadway at a temperature lower than 225 F Emulsified Asphalt for tack coat shall be Grade CSS lh The tack coat shall consist of a 1 1 dilution (one (1) part emulsified asphalt to one (1) part water) The application rate for tack coat shall be approximately 0 1 gallons per square yard The existing pavement shall be broomed and cleaned to be free of dirt water vegetation and other deleterious matter immediately prior to commencing the paving operation Edges of the area to be patched shall be sawcut vertically and perpendicular or parallel to the roadway as directed by the Engineer Tack coat shall be placed against clean vertical edges on all sides of the area to be patched Hot Bituminous Pavement Grading Sand SX shall be placed in equal lifts not exceeding three (3) inches The minimum lift thickness for Grading SX shall be one (1) inch and Grading S shall be (1 'h) inch HBP Grading SG shall be placed in equal lifts not exceeding four (4) inches and the minimum lift thickness shall be three (3) inches Overlaying layers of Hot Bituminous Pavement shall not be placed until the lower layer has cooled sufficiently to provide a stable material which will support the equipment without rutting shoving or moving in any manner Tack coat shall be placed between all lifts NOTE Any leveling courses placed shall be Paid for at the contract unit once for Hot Bituminous Pavement Subsection 403 04 shall include the following Hot Bituminous Pavement Grading SX S and SG will be measured by the ton and paid for at the Contract Unit Price for Asphalt Patching and Hot Bituminous Pavement Pavement cutting excavation subgrade preparation haul and disposal bituminous materials aggregate asphalt cement asphalt recycling agent additives hydrated lime and all other work necessary to complete each hot bituminous pavement item will not be paid for separately but shall be included in the unit price bid Load slips shall be consecutively numbered for each day and shall include batch time Subsection 403 05 is revised to include the following Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 403 01 Hot Bituminous Pavement — Grading S — 100 — (2 5 Depth) — (PG 64 28) — (TON) U \Drake/Ziegler Improvement Project Phase IIATmImical Specifications Technical Specs 25 Drake/Ziegler Improvement Project Phase III 403 02 Hot Bituminous Pavement — Grading SG — 100 — (4 Depth) — (PG 58 28) — (TON) Date April 2008 The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the work involved in Hot Bituminous Pavement and Asphalt Patching including pavement cutting excavation subgrade preparation haul and disposal compaction rolling surface preparation and bituminous materials complete in place as shown on these plans as specified in these specifications and as directed by the Engineer END OF SECTION U \Drake/Ziegler Improvement Project Phan III\Technical Specifications Technical Specs 26 Drake/Ziegler Improvement Project Phase III Date April 3 2008 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT Section 412 of the Standard Specifications is hereby revised as follows Subsection 412 03 is revised to include the following Concrete pavement shall conform to Class P concrete as specified in Subsections 60102 and 60103 Class P concrete shall have a minimum 28 day field compressive strength of 4200 psi The Contractor shall submit a concrete mix design for Class P showing and establishing the proportions of all the ingredients The Contractor shall be responsible for all subsequent adjustments necessary to produce the specified concrete mix The Contractor shall submit a new mix design based on the Class P requirements when a change occurs in the type of cement or sources of fly ash or aggregate The contractor may delete Class F Fly ash and also substitute Size 67 aggregate in lieu of the larger aggregate blend for the Class "P" concrete only upon the approval of the mix design submitted to the Engineer The Contractor shall also submit a mix design for High Early Concrete This mix shall have a minimum 24 hour field compressive strength of 3000 psi and a minimum 28 day field compressive strength of 4200 psi This item shall be paid for by the cubic yard of concrete used It shall include supplying placing curing and texturing the high early concrete Payment for the cost of using high early concrete will be paid for by the cubic yard for the incremental increase in cost and will be paid only when the Engineer requires use of high early concrete No concrete shall be placed until the applicable mix design and maturity relationship has been submitted reviewed and approved by the Engineer Review and approval of the mix designs by the Engineer will not constitute acceptance of the concrete Acceptance shall be based solely on the work conforming to the specifications and on satisfactory test results of the concrete placed on this project Subsection 412 12 is revised to include the following Immediately following the burlap drag finish the surface shall be given an astroturf drag finish Materials used for final finish shall be of such texture and weight to produce a uniform texture similar to a broom type finish Drags shall be full width of the new pavement and maintained in acceptable condition as specified for astroturf drag finish Subsection 412 13 is revised to include the following The Contractor shall saw joints early enough to control or limit random cracking but not too early as to create chipping along the sawed joint Saw cutting will not be allowed between the hours of 9 00 p in and 6 00 a in unless approved by the Engineer Saw cutting joints shall be included in this work and will not be paid for separately If the Contractor proposes variations from CDOT M Standards it is requested that the Contractor shall prepare a pavement joint and doweling layout for approval by the Engineer Subsection 412 17 is revised to include the following The concrete pavement smoothness shall meet the requirements of Category 4 Class I as shown in Table 412 1 for the Profilograph test Subsection 412 18 is revised to include the following Sdicone joint sealant material Concrete joints shall be sealed with an approved silicone joint sealant material A copy of the manufacturer s recommendations pertaining to the application of the sealant shall be submitted to the Engineer for approval pnor to the beginning of work and these recommendations shall be adhered to by the U IDrake/Ziegler Improvement Project Phase IIATmhmcal Specifications Technical Specs 27 Drake/Ziegler Improvement Project Phase III Date April 3 2008 Contractor with such exceptions as this specification may require The sealant material shall be applied into the joint using equipment and techniques recommended by the joint sealant manufacturer The Engineer may elect to check for bonding or adherence to the sides of the joint If the sealant does not bond to the joint the Contractor shall remove the joint sealant material and clean and reseal these joints in accordance with the criteria outlined Backer rod Shall be a round heat resistant material meeting the requirements set forth by the joint sealant manufacturer The Contractor shall submit the proposed material to the Engineer for review and approval prior to use The backer rod shall be placed in such a manner that the grade for the proper depth of the sealant material is maintained The depth of the sealant shall be a maximum of % inch The Contractor shall thoroughly clean the joint and adjacent pavement surface for a width of not less than one inch (1 ) on each side of the joint of all scale dirt dust residue or any foreign material that will prevent bonding of the joint sealant This operation is to be accomplished by immediately flushing the joints with water after sawing The joints shall be sandblasted after they have dried just prior to sealing After sandblasting the joint shall be cleaned using compressed air with a minimum pressure of 100 psi The sandblasting and air cleaning shall be performed on the same day as the backer rod placement and joint sealant application Sealant shall not commence for a minimum of 24 hours after sawing or a weather event without approval of the Engineer Enhanced Concrete Crosswalk — 10" — Davis Tile Red w/Stamped Border — Concrete crosswalks shall be Class P concrete as specified in Section 412 of these specifications The concrete shall be integrally colored with the required Ibs of Davis Color per sack of cement The Contractor shall submit a new mix design based on the Class P requirements when a change occurs in the type of cement flyash or aggregate size The Color of the crosswalks will be Davis Color Tile Red The texture will be Bnckform Texture Mats FM 3500 Cal Weave 24 x24 The surface of the concrete crosswalk shall be sealed and protected from drying by applying Davis W 1000 Clear Cure and Seal or approved equal The unit price bid per square foot of concrete crosswalk shall include the entire Contractors costs The price bid shall include saw cutting furnishing and installing dowel bars and keyways as required supplying forming placing finishing and edging the concrete surface curing/sealing materials joint materials/sealers texturing equipment as determined and all other related and necessary materials work and equipment required to construct the concrete crosswalks in accordance with the Specifications Subsection 412 24 is revised to include the following Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 412 01 Enhanced Concrete Crosswalk — 10 — Tile Red w/Stamped Border — (SY) The above prices and payment shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the work involved in placing concrete pavement complete in place including haul concrete materials finishing the surface saw cutting the joints curing placing dowels and sealing joints as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION U \Drake/Ziegler Improvement Project Phase 111\Techmcal Specifications Technical Specs 28 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 506 RIPRAP Date April 3 2008 Section 506 of the Standard Specifications is hereby revised as follows Subsection 506 01 is revised to include the following This work consists of the construction of nprap sections with nprap Type 11 bedding and covered with topsoil in accordance with these specifications and in conformity with the lines and grades shown on the plans or established grades Subsection 506 02 is revised to include the following Color of buried nprap shall be approved by the Engineer Exposed nprap shall be gray to blue gray in color or as approved by the Engineer Rock used for riprap shall be hard durable angular in shape and free from cracks over burden shale and organic matter Thin slab type stones rounded stones and flaking rock shall not be used Removed concrete shall not be used for riprap without specific written approval by the Engineer Service records of the proposed material will be considered by the Engineer in determining the acceptability of the rock Neither breadth nor thickness of a single stone shall be less than one third (1/3) its length Bedding matenal shall conform to the specification for Type lI Filter matenal as per the City of Fort Collins Storm Drainage Design Cntena and Construction Standards (Table 12 3) or CDOT Class A filter material (Section 703 09) Subsection 506 03 is revised to include the following Wherever possible, the excavation for the riprap sections shall be undisturbed material, or where this is not possible, the underlying materials shall be compacted to 95% of maximum density as determined by ASTM D 698 The bottom of the excavation shall have a uniform slope, be reasonably smooth, free from mounds and windrows and free of debris prior to placing the filter matenal Bedding matenal shall be placed on top of the subgrade matenal prior to nprap installation at all locations of nprap sections shown on the plans The layer shall be shaped to provide the mimmum thickness of bedding matenal as shown on the details of the plans Riprap matenal shall be placed immediately after the bedding matenal is placed and in a manner to provide a well graded mass of stone with minimum voids Riprap may be machine placed with sufficient handwork to minimize disturbance of the bedding matenal layer This matenal shall be placed to the required thickness and grade shown on the details of the plans Topsoil matenal shall be used to backfill and bury the entire nprap bed area and compacted to insure thorough settling of the topsoil within the rock voids The top three inches (3 ) of the topsoil shall be loosely placed This matenal shall be placed to the required thickness as shown on the details of the plans The contractor shall utilize, when appropriate existing topsoil on site Subsection 506 04 is revised to include the following Riprap sections specified in the plans will be paid for at the contract unit pnce per TON The unit price bid shall include all costs associated with installation of the bedding material nprap and topsoil including excavating for the U IDrake/Ziegler Improvement Project Phase IIATechmcal Specifications Technical Specs 29 Drake/Ziegler Improvement Project Phase III placement of these materials all materials delivery stockpiling and handling of the nprap Subsection 506 05 is revised to include the following Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 506 01 9 X9 X18 Type L Rip Rap — 6 Topsoil (CIP Per Detail) 506 02 21 X61 X18 Type L Rip Rap-6 Topsoil (CIP Per Detail) 50603 8 X8 X18 Type L Rip Rap — 6 Topsoil (CIP Per Detail) 50604 6 X6 X18 Type L Rip Rap — 6 Topsoil (CIP Per Detail) 50605 l l Xl l X18 Type L Rip Rap — 6 Topsoil (CIP Per Detail) 50606 130 X30 X2 Type M Rip Rap — 6 Topsoil (CIP Per Detail) Date April 3 2008 The above prices and payment shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the work involved in excavating placing nprap bedding and topsoil complete in place including haul and stockpile of materials handling of the nprap and finish grading of the surface as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION U \Drake/Ziegler Improvement Project Phase 111\Technical Specifications Technical Specs 30 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised as follows Subsection 60101 is revised to include the following Date April 2008 This work shall consist of the addition to the Spring Creek Bridge on Timberline Road The construction will consist of Pilings Bridge abutments Bridge Deck Parapet Walls Railing and necessary conduits to accordance with the plans specifications and the Larimer County Urban Area Street Standards It shall be the Contractor s responsibility to purchase and familiarize themselves with these specifications The Contractor is responsible for providing all materials and equipment necessary to meet the requirements of the Colorado Department of Transportation Standards and Larimer County Urban Area Street Standards Mix Design 1 Compressive Strength 4000 psi at 28 days a Minimum number of cylinders passing above requirements shall be 90% b Minimum strength of cylinder acceptable 3800 psi 2 Cement Content 6 bags per cubic yard minimum 3 Maximum Permissible Water — Cement Ratio a For 4000 psi strength non air entrained absolute ratio by weight 0 49 It For 4000 psi strength air entrained absolute ratio by weight 0 45 4 Slump Four inch maximum 5 Air Content 6%+/ 1 %a % for concrete with exposed surfaces or subject to freezing and thawing not required for other concrete All Shop Drawings must be approved by the Design Engineer (Loris and Associates, Inc) The accepted quantities will be paid for at the contract price Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 601 01 20 X7 X113 Box Culvert —(CIP) W/Wingwalls/Parapet Walls/Toe Walls/Railings/Brick Facts — (US) 60102 4X8 Precast Box Culvert— with CIPWingwalls/ToeWalls —(LF) The above prices and payments shall include full compensation for furmshmg all labor, materials tools equipment, and mcidentals and for doing all Work involved in a cast in place bridge as shown on the plans, as specified in these specifications and as directed by the Engmeer END OF SECTION U Orake/Ziegler Improvement Project Phase III\Technical Specifications Technical Specs 31 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 603 CULVERTS AND SEWERS Section 603 of the Standard Specifications is hereby revised as follows Subsection 603 01 is revised to include the following Date April 2008 This work shall consist of the construction and reconstruction of reinforced concrete pipe pipe encasement pipe connections and joint encasement in accordance with the plans specifications the City of Fort Collins Storm Drainage Design Criteria and Construction Standards It shall be the Contractors responsibility to purchase and familiarize themselves with these specifications The Contractor shall include in the Work all the necessary items to complete the Work including but not limited to excavation bedding backfill and compaction The accepted quantities will be paid for at the contract unit price Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 603 01 18 RCP Class III — (LF) 603 02 21 RCP Class III — (LF) 603 03 30 RCP Class III — (LF) 603 04 36 RCP Class III — (LF) 603 05 42 RCP Class III — (LF) 603 06 54 RCP Class III — (LF) 603 07 21 RCP Class III FES — (EA) 603 08 30 RCP Class III FES — (EA) 603 09 36 RCP Class III FES — (EA) 603 10 42 RCP Class III FES — (EA) 603 11 Pond 269 Inlet Box w/ Water Quality Structure — Ties into 4 x8 Preacst box — (LS) 603 12 Modified Junction Box #3 & Headwall @ Ends of 54 RCP Pipes — (LS) 603 13 Concrete Encasement on 30 PVC Sanitary Sewer @54 RCP Crossing — (LF) 603 14 Concrete Encasement on 21 RCP Pipe — (LF) 603 15 4 Schedule 40 Sleeving with Flowable Fill Backfill — (LF) 603 16 Conduit Sleevmg under walks for Imgation — (LF) The above prices and payments shall include full compensation for furnishing all labor matenals tools equipment and incidentals and for doing all Work involved in installing pipe and encasing joints complete in place as shown on the plans as specified in these specifications and as directed by the Engineer Concrete and/or Asphalt patching will be paid for separately under the appropriate item END OF SECTION U IDrake/Ziegler Improvement Project Phase III\Techmcal Specifications Technical Specs 32 Drake/Ziegler Improvement Project Phase III Date April 3 2008 REVISION OF SECTION 604 MANHOLES, INLETS, AND METER VAULTS Section 604 of the Standard Specifications is hereby revised as follows Fort Collins Loveland Water District Specifications can be obtained at 5150 Snead Drive Fort Collins Colorado A mandatory pre construction will be required before the contractor starts any work on the district system Subsection 604 01 is revised to include the following This work shall consist of the construction of manholes CDOT Type R inlets type 16 combination inlets and providing and maintaining erosion control in accordance with the plans specifications and the City of Fort Collins Storm Drainage Design Criteria and Construction Standards It shall be the Contractors responsibility to purchase and familiarize themselves with these specifications The Contractor shall include the cost of excavation backfill compaction and installation and maintenance of erosion control into each item listed in this section The Contractor shall clean all sediment caught in the storm sewer system due to this project The frequency of the cleaning shall beat the direction of the Engineer The Contractor will not be allowed to flush the pipes with water All Erosion Control Devices Materials and Techniques required to prevent damage to the storm water facilities as outlined in the City of Fort Collins Standards will be considered incidental to the work and shall be included in the pnce No measurement for payment shall be made for maintenance of Erosion Control devices Subsection 604 02 is revised to include the following Proportioning shall conform to the requirements for Class B concrete as described in Section 601 Subsection 604 08 is revised to include the following The accepted quantities will be paid for at the contract unit price Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 60401 5 Type R Inlet — (EA) 60402 10 Type R Inlet — (EA) 60403 Double Type 16 Inlet — (EA) 604 04 5 Diameter Sewer Manhole — (EA) 60405 Modified Concrete Sidewalk Culvert — (EA) The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in constructing inlets constructing manholes and installing and maintaining erosion control complete in place as specified in these specifications and as directed by the Engineer END OF SECTION U \Dmke/Ziegler Improvement Project Phase URTechnmal Specifications Technical Specs 33 Drake/Ziegler Improvement Project Phase III Date April 3 2008 REVISION OF SECTION 608 SIDEWALKS AND DECORATIVE CROSSWALKS Section 608 of the Standard Specifications is hereby revised for this project as follows Subsection 608 01 is revised to include the following This work shall consist of the construction of concrete sidewalks (6 ) pedestrian access ramps exposed aggregate median splashblock driveways crosspans and drive approaches in accordance with the plans and specifications Required saw cutting will be incidental to the work and will not be measured or paid for separately The use of aggregate base material for fine grading or over excavated areas will not be paid for separately Subsection 608 02 is revised to include the following Proportioning shall conform to the requirements for Class B concrete as described in Section 601 with the exception the minimum 28 day compressive strength shall be 4000 psi The Contractor shall also submit a mix design for High Early Concrete This mix shall have a minimum 24 hour compressive strength of 3000 psi and a minimum 28 day compressive strength of 3500 psi It shall include supplying placing curing and texturing the high early concrete The price shall apply to all Sections including Section 412 608 and 610 Payment for extra cost of using high early concrete will be paid for by the cubic yard for the incremental increase in costs and will be paid only when the Engineer requires use of high early Subsection 608 04 is revised to include the following Exposed Aggregate Concrete The Exposed Aggregate Concrete shall be Class EA concrete integrally colored with 1 %2 Ibs of Davis Color No 5237 San Diego Buff per sack of cement The surface of the Exposed Aggregate Concrete shall be sealed and protected from drying by applying Davis W 1000 Clear Cure and Seal or approved equal San Diego Buff shall be used for all exposed aggregate concrete in the median Truncated Dome Panels Pedestrian Access Warning Cast Iron Plates — East Jordan Iron Works Model 7005 71 Detectable warnings on new curb ramps shall be truncated domes of the dimensions shown in the plans Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes and when installed shall be capable of producing the pattern of domes as shown in the plans Pavers shall meet the requirements of ASTM C 902 or ASTM C 936 It is the Contractors responsibility to adequately protect their work from damage by weather (including cold heat ram wind) vandalism or other causes until such time as it is accepted by the City If traffic control devices are used to protect the work they will not be paid for separately but shall be included in the work Subsection 608 05 is revised to include the following The Concrete Driveway (6 ) Sidewalk (6 ) Access Ramps w/Landings (8 ) Drive Approach (6 ) and Concrete Crosspan/Apron (9 1/2 ) items will be measured by the square foot of finished flatwork The price for the Access Ramps (8") shall include the truncated dome panel landing area Ramp area shall be measured from the back of the curb to the back of the walk from point of curb return to point of cub return Subsection 608 06 is revised to include the following The accepted quantities will be paid for at the contract unit price Payment will be made under U \Drake/Ziegler Improvement Project Phase IMIr chmcal Specifications Technical Specs 34 BID SCHEDULE (Base Bid) ITEM NUMBER DESCRIPTION UNIT TOTAL # UNIT COST COST 201-01 Clearing Grubbing 1 202-01 Remove Curb and Gutter 50 LF 202-02 Remove 60X50 Existing Secondary Drainage Structure Foothills Channel 1 LS 202-03 Saw Cut Existing Asphalt 116 LF 203-01 Seeded Roadway Fill - Strip and Haul - 6" Depth - Roadway 5 300 CY 203-02 Borrow Suitable Fill CIP 5 300 CY 203-03 Muck Excavation 100 CY 203-04 Potholing 1 LS 203-05 Import Topsoil Screened - 3' De th - Parkways 13379 SY 203-06 Borrow ABC Class 5 or 6 - CIP 500 TON 203-07 Splash Block Shaping 429 SF 206-01 Structure Excavations 1 619 CY 206-02 Borrow Structural Backfill Material (R-Value>25) @ Win walls 741 CY 206-03 Structure Backfill Flow Fill Box Culvert 741 CY 206-04 Filter Material 1 1/2 Washed Rock 400 TON 206-05 Structure Haul and Dispose On -Site 1 027 CY 206-06 Structure Muck Excavation 1 027 CY 206-07 Dewatering 2 EA 208-01 Erosion Control - per plan - contractor obtains SWMP from State 1 LS 208-02 Sod Retention Blanket w/seed in Box Culverts 2 500 SF 210-01 Adjust Manhole Ring/Cover 11 EA 210-02 Adjust Valve Box 1 EA__ 304-01 Aggregate Base Course - CI 5 or 6 - 6 Depth - CIP 9 907 TON 306-01 Sidewalk Preparation 3 708 SY 307-01 FI ash Subgrade Stabilization - 12% 29 665 SY 403-01 Hot Bituminous Pavement - Grading S - (2 5 Depth) - PG 64-28 3 835 TON 403-02 Hot Bituminous Pavement - Grading SG - (4" Depth) - PG 58-28 5 776 TON 412-01 Enhanced Concrete Crosswalk - 10 Tile Red with Stamped Border 80 SY 506-01 9 X9X18 Type L Rip -Rap - 6 Topsoil (CIP Per Detail) 1 EA 506-02 21 X61 X18' Type L Rip -Rap - 6 Topsoil (CIP Per Detail)1 EA Rev 10/20/07 Section 00300 Page 2 Drake/Ziegler Improvement Project Phase III Pay Item and Pay Umt The pay unit is denoted by ( ) 608 01 Concrete Sidewalk (6 ) — (SF) 608 02 Concrete Pedestrian Access Ramps with Truncated Domes (8 ) — (SF) 608 03 Concrete Drive Approach w/ Aprons (9 1/2 ) — (SF) 608 04 High Early Concrete (24 Hour) — (CY) 60805 Flowable Fill — (CY) 608 06 Colored Concrete Bike Path (5 with Fibermesh) — (SF) 608 07 San Diego Buff Concrete @ 20X7 Box Culvert (6 Depth) — (SF) 608 08 Exposed Aggregate Median Cover — San Diego buff— 4 — (SF) Date April 3 2008 The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in constructing concrete sidewalks miscellaneous flatwork access ramps drive approaches and driveways complete in place including haul concrete materials finishing the surface saw cutting joints curing placing dowels and sealing joints as shown on the plans protection from staining existing concrete from washing the exposed aggregate cutting the plastic used to separate the different colors as specified in these specifications and as directed by the Engineer END OF SECTION U \Drake/Ziegler Improvement Project Phase IlnTechnical Specifications Technical Specs 35 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 609 CURB AND GUTTER Section 609 of the Standard Specifications is hereby revised as follows Subsection 609 01 is revised to include the following Date April 2008 This work shall consist of the construction of cast in place vertical 6 curb and gutter 6 outfall curb and gutter (I ft pan) and concrete lined irrigation ditch accordance with the details and these specifications The unit pnce bid per linear foot of curb and gutter no sidewalk includes construction of new curb and gutter sections complete and in place measured along the flow line Removal of curb and gutter is not included in this section but will be measured and paid separately as described in Section 202 It is the Contractors responsibility to adequately Protect their Work from damaee by weather, vandalism, or other causes until such [tine as it is accepted by the Cup If traffic control devices are used to protect the work they shall not be paid for separately but shall be included in the work Subsection 609 02 is revised to include the following Proportioning shall conform to the requirements for Class B concrete as described in Section 601 with the exception the minimum 28 day compressive strength shall be 4000 psi Subsection 609 07 is revised to include the following The accepted quantity of curb and gutter will be paid for at the contract unit price per linear foot Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 609 01 Vertical Curb & Gutter (30 ) — (LF) 609 02 Outfall Vertical Curb & Gutter (18 ) — (LF) The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in constructing vertical curb and gutter variable height curb and gutter concrete median curb complete in place including haul concrete materials finishing the surface saw cutting joints curing placing dowels and sealing joints as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION U \Drake/Ziegler Improvement Project Phase IIATechmcal Specifications Technical Specs 36 Drake/Ziegler Improvement Project Phase III REVISION OF SECTION 619 WATER LINES Section 619 of the Standard Specifications is hereby revised as follows Subsection 619 01 is revised to include the following Date April 3 2008 This work shall include installing DIP Pipe gate valves tees tapping saddles plugs reaction blocks fire hydrants and joining to existing Imes and other items as shown on the plans and as designated by the Engineer This work shall meet the requirements of the current City of Fort Collins Standard Construction Specifications It shall be the Contractors responsibility to purchase and familiarize themselves with these specifications All work associated with installing the water lines that is NOT itemized in the bid tab shall be considered incidental to the work and will not be paid for separately This includes but is not limited to excavating and backfilling valve boxes plugs thrust blocks bedding materials poly wrap chlorinating pressure testing and all materials incidental to completing the installation and connections to existing water lines Subsection 619 05 is revised as follows Payment will be made under Pay Item and Pay Unit The pay unit is denoted by ( ) 61901 8 DIP CL — 52 Water Main — (LF) 61902 6 DIP CL-52Water Main —(LF) 61903 6 Gate Valve and Box — (EA) 619 04 8 X8 X6 Swivel Tee W/ Thrust Block — (EA) 619 05 Fire Hydrant Assembly — (EA) 61906 1 Irrigation Service & Meter Pit —Copper Corp Curb Stop —per COFC Spec — (LS) 61907 8 x8 xl Tapping Sleeve for Irrigation The above prices and payment shall include full compensation for fumishmg all labor materials tools equipment and incidentals and for doing all the work involved in installing PVC water pipe and valves connecting to existing water lines according to Elco Water District Standards complete in place as shown on the plans as specified in these specifications and as directed by the Engineer END OF SECTION U \Drake/Ziegler Improvement Pmject Phase IIPTechmcal Specifications Technical Specs 37 SUBGRADE INVESTIGATION DRAKE AND ZIEGLER ROADS, ENVIRONMENTAL DRIVE TO HORSETOOTH ROAD FORT COLLINS COLORADO Prepared for CITY OF FORT COLLINS Engineering Department 281 North College Avenue P O Box 580 Fort Collins Colorado 80522-0580 Attention Mr Mark Lakin Project No FC04378 135 April 2 2008 351 Linden Street I Suite 140 1 Fort Collins Colorado 80524 Telephone 970 206 9455 Fax 970 206 9441 T TABLE OF CONTENTS SCOPE 1 SITE AND PROJECT DESCRIPTION 1 FIELD AND LABORATORY INVESTIGATION 2 SUBSURFACE CONDITIONS 2 SUBGRADE PREPARATION 3 SOLUBLE SULFATES q LIMITATIONS s FIGURE 1 LOCATIONS OF EXPLORATORY BORINGS FIGURE 2 - SUMMARY LOGS OF EXPLORATORY BORINGS APPENDIX A LABORATORY TEST RESULTS CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE AND ZIEGLER ROADS CTL I T PROJECT NO FCD4378 135 U SCOPE This report presents the results of our subgrade Investigation for the construction of Ziegler and Drake Roads between Horsetooth Road and Environmental Drive in Fort Collins, Colorado (Figure 1) We believe our report Is in general conformance with Chapter 5 of the Larimer County Urban Areas Street Standards" dated January 2 2001 (repealed and reenacted April 1 2007) as adopted by the City of Fort Collins (City) The City requires submittal of this Subgrade Investigation that addresses the type and pavement support characteristics of the subgrade soils present at the site After the City has reviewed the subgrade investigation, design traffic data will be provided bythe Cityand the design portion of the investigation including pavement section recommendations will be completed Our report includes a description of the subgrade soils encountered in our exploratory borings and laboratory test results Alternative pavement sections construction and materials guidelines based upon laboratory test results City of Fort Collins design criteria Larlmer County Urban Area Street Standards the Colorado Department of Transportation (CDOT) 2007 'Pavement Design Manual" American Association of State Highway and Transportation Officials (AASHTO)1993 "Guide for the Design of Pavement Structures" will be appended to this report after traffic data is provided by the City of Fort Collins SITE AND PROJECT DESCRIPTION The project includes construction of a new portion of Drake and Ziegler Roads between the intersection of Drake Road and Environmental Drive and the Intersection of Horsetooth and Ziegler Roads in Fort Collins Colorado The alignment is located near the fringe of the floodplain of the Cache la Poudre River and west of the river Fossil Creek Reservoir Inlet Ditch is located to the east and adjacent to portions of the alignment Two ponds are located east of the proposed roadway A significant amount of fill a box culvert, storm drain and sanitary sewer were constructed in the roadway alignment prior to our subgrade investigation CTLIThompson observed fill placement and performed compaction testing in the roadway alignment from March to July of 2007 The test results are documented In our files under our Project No FC04013 345 The reports indicated CITY OF FORT COLLINS ENGINEERING DEPARTMNT DRAKE AND ZIEGLER ROADS 1 CTL I T PROJECT NO FC043784135 IF compaction test results were within specified limits The subgrade was rough graded with no curb and gutter prior to this Investigation Historically, a gravel mining operation was located in the area Land use of the area is generally developing residential rural residential and undeveloped FIELD AND LABORATORY INVESTIGATION Our field Investigation consisted of eleven borings drilled to a depth of 10 feet Bonngs were drilled at approximate 500 foot spacing The approximate locations of our bonngs are shown on Figure 1 The borings were drilled on March 13 2008 with 4 inch diameter solid stem augers and a truck mounted drill Bulk samples were obtained from the upper 4 feet of the borings and California samples were obtained from selected intervals within the borings The number of blows from a 140-pound hammer falling 30 inches, required to drive the California sampler were recorded and are presented on our summary logs of the borings presented on Figure 2 Laboratory testing was performed in general accordance with AASHTO and ASTM methods to determine index properties of the soils sampled and subgrade support values for those soil types influencing the pavement design To evaluate potential heave swell consolidation testing was performed on three samples of the subgrade soils under a pressure of 150 psf Two samples were tested for water-soluble sulfate content Results of laboratory tests are presented in Appendix A and summarized in Table A I Hveem stabilometer testing (R Value) will be performed on one or more composite samples of representative bulk samples of the subgrade after the City has reviewed this subgrade investigation and provided design traffic data for use in our pavement design The results of Hveem stabilometer tests will be included in our subgrade investigation and pavement design report to follow SUBSURFACE CONDITIONS The subsurface conditions encountered in our borings were variable Six of our borings encountered 10 feet of clayey and sandy fill with occasional gravel, three of our CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE AND ZIEGLER ROADS CTL ITPROJECT NO FC04378135 0 borings encountered 4 feet to 7 feet of fill over native sand and clay, and two of our borings encountered only native sand and clay Groundwater was not encountered during drilling When checked several days later ground water was observed in only one boring 8 feet below the existing ground surface Descriptions of the subsurface conditions are presented on Figure 2 and Appendix A Samples of fill tested in the laboratory contained between 37 and 43 percent clay and silt sized particles (passing the No 200 sieve) had liquid limits between 30 and 38, and plasticity indices between 14 and 25 The samples classified as A 6 in accordance with the AASHTO classification method with group indices ranging from 2 to 5 Samples of fill tested for swell potential swelled between 0 percent and 10 percent One sample of fill tested swelled 2 2 percent We do not believe swell test results for this sample from TH 1 is representative of the subgrade soils One sample of natural sandy clay swelled 01 percent and one sample of natural clayey sand swelled 0 3 percent Based on the results of laboratory testing and City of Fort Collins requirements we believe that swell mitigation will not be required for the majority of the site However, one swell test from a sample from TH 1 indicated a swell that would require swell mitigation SUBGRADE PREPARATION Our laboratory tests indicate that most of the shallow subgrade soils have moisture contents that are below the plastic limits This suggests that unprepared subgrade soils should not significantly yield under equipment during paving We believe that conventional moisture treatment and compaction can result in firm subgrade Isolated areas may exist that could yield One sample from TH 1 indicated a swell that would require mitigation Therefore we will provide recommendations in our pavement design report for conventional moisture treatment and compaction and alternative stabilization methods To prepare the subgrade for paving with conventional moisture treatment and compaction, subgrade soils should be scanfled a minimum of 12 Inches deep moisture conditioned to between 1 percent below and 2 percent above optimum moisture content and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698) CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE AND ZIEGLER ROADS 3 CTL I T PROJECT NO FC04378-135 T Scarification and recompaction of the upper 12 inches of subgrade soils should occur as close to the time of pavement construction as possible The final subgrade surface must be protected from excessive drying or wetting until such time as the pavement section is constructed Soil stabilization by chemical treatment can Increase the stability of the subgrade add strength and stiffness to the subgrade, and improve the engineering properties of the soils Design and construction guidelines for chemical or other stabilization methods if required or requested will also be provided in the design report Maintaining moisture contents near optimum will be critical to avoid excessive deflections rutting and pumping of the subgrade during subgrade preparation of streets If moisture and density cannot be sufficiently controlled during subgrade preparation and stabilization is required chemical stabilization stabilization by removal and replacement or stabilization using geotextiles and imported granular materials maybe used For isolated or small areas requiring stabilization removal and replacement or crowding" coarse aggregate into the subgrade maybe effective If large areas require stabilization, chemical treatment of the soils may be a more effective alternative SOLUBLE SULFATES Water soluble sulfate concentrations ranging from 0 028 percent to 0 090 percent were measured for six samples of the near surface subgrade soil The purpose of the tests was to determine the risk of exposure to sulfate attack where portland cement concrete is used and to assess the risk of increased swelling due to reaction to chemical stabilization Sulfate concentrations less than 0 1 percent indicate Class 0 exposure to sulfate attack for concrete that comes into contact with the subsoils according to the American Concrete Institute (ACI) ACI has no special recommendations for concrete with negligible exposure to sulfate attack Sulfate concentrations above 0 5 percent can cause an adverse reaction between the sulfates and the stabilizing agent, resulting in heaving of the subgrade if lime or fly ash stabilization is performed Based on the results found we believe there is a low risk of increased swelling due to sulfate reaction to chemical stabilizing agents at this site CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE AND ZIEGLER ROADS Q CTL I T PROJECT NO FC04378 135 T LIMITATIONS The subgrade investigation conclusions and recommendations included in this report are based upon our field observations laboratory testing, and design cntena required by the City of Fort Collins and the AASHTO design guide The report will be amended to include Hveem stabilometer tests and pavement section design recommendations following review and approval by the City of Fort Collins We believe the geotechnical services for this project were performed in a manner consistent with that level of care and skill ordinarily used by members of the profession in the locality of the project No warranty express or Implied, Is made If we can be of further service in discussing the contents of this report, or in the analyses of the proposed pavement systems from a geotechnical point of view, please call CTLITHOMPSON nFinThomas y, Senior Geologist Reviewed by 11wi Eric D f3emharc� Manager of Field tu, Of PR' -ii! Rob rnfest, PG Project Manager CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE AND ZIEGLER ROADS 5 CTL IT PROJECT NO FOD4378135 SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 2 506-03 8'X8'X18' Type L Rip -Rap - 6 Topsoil (CIP Per Detail) 1 EA 506-04 6'X6 X18" Type L Rip -Rap - 6' Topsoil (CIP Per Detail) 1 EA 506-05 11 X11'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-06 130'X30 X2 Type M Rip -Rap - 6 Topsoil (CIP Per Detail) @ Foothills Channel 1 EA 601-01 20 X7'X113 Box Culvert - (CIP) with Wingwalls/Parapet Walls/Toe Walls/Railings/Brick Facia 1 LS 60102 4X8' Precast Box Culvert with CIP Wingwalls/Toe Walls 221 LF 603-01 18 Class III RCP 57 LF 603-02 21 Class III RCP 164 LF 603-03 30 Class III RCP 67 LF 603-04 36" Class III RCP 235 LF 603-05 42" Class III RCP 304 LF 603-06 54 Class III RCP 410 LF 603-07 21" Class III RCP FES 1 EA 603-08 30" Class III RCP FES 1 EA 603-09 36 Class III RCP FES 1 EA 603-10 42 Class III RCP FES 2 EA 603-11 Pond 269 Inlet Box w/ Water Quality Structure - Ties into 4x8 Precast Box 1 LS 603-12 Modified Junction Box #3 & Headwall @ Ends of 54' RCP Pipes 1 LS 603-13 Concrete Encasement on 30" PVC Sanitary Sewer @ 54 RCP Crossing 35 LF 603-14 Concrete Encasement on 21" RCP Pie 20 LF 603-15 4" PVC Schedule 40 Sleeving with Flowable Fill Backfill 1930 LF 603-16 Conduit Sleeving under walks for Irrigation 450 LF 604-01 _5'Type R Inlet 2 EA 604-02 10 Type R Inlet 4 EA 604-03 Double Type 16 Combo Inlet 1 EA 604-04 5 Stone Sewer Manhole 2 EA 604-05 Modified Concrete Sidewalk Culvert - 4'X20' 1 LS 608-01 Concrete Sidewalk 6 33 372 SF 608-02 Concrete Access Ramps (8 ) with truncated dome warning panels 735 SF 608-03 Concrete Cross an with Aprons 9 1/2" 3 000 SF 608-04 Hi -Early Concrete 24 hr 75 CY 608-05 Flowable Fill Concrete 75 CY Rev 10/20/07 Section 00300 Page 3 SCALE 1 = 1000 D _5�00' low �vjzk1A;1:T*%L111 TH ENVIRONMENTAL DRIVE I TH 2 DES MOINES DRIVE I TH-3 TH-4 I TH 5 WILLIAM NEAL PARKWAY ,TH-6 TH 7 PERCHERON DRIVE HORSETOOTH ROAD CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE & ZIEGLER ROADS CTL I T PROJECT NO FC04373-135 a DRAKE RD 2 _ J w m J f HORSETOOTH RD RD VICINITY MAP (FORT COLLNS AREA) NOT TO SCALE LEGEND TH 1 INDICATES APPROXIMATE LOCATION OF EXPLORATORY BORING 0 TH 9 OSSIL CREEK RESERVOIR w INLET DITCH TH 1011O w \N TH-11 7r Locations of Exploratory Borings FIGURE 1 \\ | § [ )i log §| 60 § § |/ j )t § ) , § |§ |§ \) §! !| |. . \ \ �.\:� �% ? QZAXX pgwxxxx , ; § T APPENDIX A LABORATORY TEST RESULTS CITY OF FORT COLLINS ENGINEERING DEPARTTENT DRAKE AND ZIEGLER ROADS CTL I T PROJECT NO FOD4378 135 3 2 1 Z 0 O 3 Z a 1 IL W 0 Z 2 O_ 2 W IL 3 IL x O U EXPANSION UNDER CONSTANT PRESSURE DUE TO WETTING 01 10 APPLIED PRESSURE KSF Sample of FILL, CLAY SANDY From TH 1 AT 2 FEET _ 3 2 1 Z O 0 M Z Q IL x 1 W 0 Z O 2 W W S 6 -3 a O V L 01 10 APPLIED PRESSURE KSF Sample of SAND CLAYEY (SC) From Ti-4 AT 4 FEET CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE 5 ZIEGLER ROADS CTL I T PROJECT NO FC04378 135 . A 10 100 DRY UNIT WEIGHT= 118 PCF MOISTURE CONTENT= 13 8 T 10 100 DRY UNIT WEIGHT= 111 PCF MOISTURE CONTENT= 183 % Swell Consolidation Test Results FIGURE A 1 2 1 z 0 O U1 z Q 1 a Z 2 O y 07 W Q 3 a 2 O U EXPANSION UNDER CONSTANT PRESSURE DU TO WETTING 01 10 APPLIED PRESSURE KSF Sample Of FILL, CLAY SANDY From TH 7 AT 2 FEET 2 1 z O 0 as z oc IL �( 1 a' O 2 y rn W IC O. 3 i O U EXPANSION UNDER CONSTANT PRESSURE DUE TO WETTING 01 10 APPLIED PRESSURE KSF Sample of CLAY SANDY (CL) From TH 7 AT 9 FEET CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE S ZIEGLER ROADS CTL I T PROJECT NO F004378 135 Ir 10 100 DRY UNIT W EIGHT= 1 D8 PCF MOISTURE CONTENT= 198 % 10 100 DRY UNIT WEIGHT= 91 PCF MOISTURE CONTENT. 31 9 % Swell Consolidation Test Results FIGURE A 2 3 2 1 z 0 O M z IL 1 X W a z 2 O to W IL 3 IL 2 O t> EXPANSION UNDER CONSTANT TO WETTING 01 10 APPLIED PRESSURE KSF Sample of FILL SAND CLAYEY _ From TH 10 AT 2 FEET 3 2 1 z O 0 a z IL x 1 Iu ag z O 2 W IL IL 9 2 U L NO MOVEMENT DUE TO WETTING 01 10 APPLIED PRESSURE KSF Sample Of FILL CLAY SANDY From TH 11 AT 4 FEET CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE & ZIEGLER ROADS CTL I T PROJECT NO FCM78 135 10 100 DRY UNIT WEIGHT= 112 PCF MOISTURE CONTENT= 128 % 10 100 DRYUNITWEIGHT= 112 PCF MOISTURE CONTENT= 146 % Swell Consolidation Test Results FIGURE A 3 HYDROMETER ANALYSIS SIEVE ANALYSIS 25 HR 7HR TIME READINGS US STANDARD SERIES CLEAR SQUARE OPENINGS 45 MIN 15 MIN SO MIN 19 MIN 4 MIN 1 MIN '200 100 50 40 30 16 10 6 4 3A3 3/4 1% 3 5 6 S 003 E f-, 30 50 le - i 50 40-+ 30 20-- --+ — -- -- - - - - - - - _ 60 10 o-�---fi i r `--- �-_ 001 0 = OD5 009 019 037 074 149 297 M 119 2 0 2 36 476 962 191 351 7&2 12l =I 0.42 52 DIAMETER OF PARTICLE IN MILLIMETERS CLAY (PLASTIC) TO SILT (NONPIASTIC) S!tL GRAVEL FINE MEDIUM COARSE FINE COARSE I COBBLES sample Or FILL SAND CLAYEY (SC) From TH 1 AT 0 4 FEET GRAVEL 7 % SAND 56 % SILT & CLAY 37 0/ LIQUID LIMIT %e PLASTICITY INDEX % HYDROMETER ANALYSIS SIEVE ANALYSIS 25 HR 7HR TIME READINGS US STANDARD SERIES CLEAR SQUARE OPENINGS "MIN 15 MIN SO MIN 19 MIN 4 MIN 1 MIN 200 100 SO 40 30 16 10 6 4 w 314 1% 3 5 6 60 100 r__--�__1 - —� ___ — 10 20 270 13040 w SO q — 40 - - �_ - i - - - - 30 _ r t I I 70 20 _ _ 10I IM 001 0002 005 009 019 037 074 10 297 so 119 20 235 470 M52 191 351 762 127 200 042 62 DIAMETER OF PARTICLE IN MILLIMETERS CLAY (PLASTIC) TO SILT(NO*PLASTIC) SANDS GRAVEL FINE MEDIUM COARSE FINE I COARSE I COBBLES Sample Of FILL SAND CLAYEY (SC) GRAVEL 6 % SAND 52 %4 From TH 3 AT 0 4 FEET_ SILT & CLAY 42 % LIQUID LIMIT % PLASTICITY INDEX CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE & ZIEGLER ROADS PROJECT NO FC04378 135 Gradation Test Results FIGURE A 4 Ir HYDROMETER ANALYSIS SIEVE ANALYSIS 25HR 7HR TIME READINGS U S. STANDARD SERIES CLEAR SQUARE OPENINGS 46 MIN 16 MIN 60 MIN 19 MIN 4 MIN 1 MIN 200 100 50 40 So 16 10 6 4 3/8' 3/4 1M 3 5 6 S 00 - -- 90'to - - -- _ - - 90-- _ _4 20 70 _ a w 40 -So U f S I jeo r _ 30 20 — - — - 10 I+ _ __ _— - + - _ OE.-- - - = 90 001 0002 oD6 009 019 OW074 149 297 590 119 20 236 476 952 191 361 762 127 200 0 62 DIAMETER OF PARTICLE IN MILLIMETERS CLAY (PLASTIC) TO SILT (NON PLASTIC) SANDS GRAVEL FINE MEDIUM COARSE FINE COARSE COBBLES Jample Ot FILL SAND CLAYEY (SC) _ From TH 5 AT 0 4 FEET GRAVEL 7 % SAND 50 % SILT & CLAY 43 % LIQUID LIMIT % PLASTICITY INDEX % HYDROMETER ANALYSIS I SIEVE ANALYSIS 25HR 7HR TIME READINGS US STANDARD SERIES CLEAR SQUARE OPENINGS 45 MIN 15 MIN Go MIN 19 MIN. 4 MIN 1 MIN 200 100 50 40 30 16 10 9 4 3/8 314 1N 3 5 6 6 0 90 110 I { r70 -� � so - ' - - - - — - T - — - - 40 - 40 I 1 _3 I — - - So a $ F--4_ I zo i r � _ 70 10 -T r t , log 001 0 002 005 009 019 037 074 149 297 119 20 2 35 4 7S 952 191 36.1 762 127 200 �590 042 52 DIAMETER OF PARTICLE IN MILLIMETERS CLAY (PLASTIC)TO SILT (NON PLASTIC) BARDS GRAVEL FINE MEDIUM COARSE FINE COARSE I COBBLES Sample Of FILL SAND CLAYEY (SC) _ From TH 7 AT 0-4 FEET CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE & 23EGLER ROADS PROJECTNO FC04378-135 GRAVEL 12 % SAND 45 % SILT & CLAY 43 % LIQUID LIMIT % PLASTICITY INDEX - % Gradation Test Results FIGURE A 5 IF HYDROMETER ANALYSIS I SIEVE ANALYSIS 25 HR ] HR TIME READINGS US STANDARD SERIES CLEAR SQUARE OPENINGS 45 MIN ISMIN W MIN 19 MIN 4 MIN 1 MIN '200 100 60 40 30 18 10 8 4 3I8 3/4 114 3 5 5 8 IN _ - - 0 90 10 50 20 70 —_ 40 w O� 50 40 - I Bo c 70 201 +- - --_ - to so 001 0002 005 009 019 03] W4 149 2970�Soo 119 20238 476 952 IN 191 351 762 IV 200 62 DIAMETER OF PARTICLE IN MILLIMETERS CLAY (PLASTIC) TO SILT (NON�PLASTIC) SM9lS GRAVEL FINE r MEDIUM ICOARSEI FINE I COARSE I COBBLES Sample Of FILL _SAND CLAYEY (SC) GRAVEL 7 % SAND 56 % From TH 9 AT D 4 FEET SILT & CLAY 37 % LIQUID LIMIT % PLASTICITY INDEX % HYDROMETER ANALYSIS SIEVE ANALYSIS 26 HR 7 HR TIME READINGS US STANDARD SERIES CLEAR SQUARE OPENINGS 45 MIN ISMIN 80 MIN 19 MIN 4 MIN 1 MIN 200 IN 50 40 30 16 10 8 4 3/8 3N 1 N 3 56 5 { -_ _-- - 0 — BO 270 u 80 r I 30 140 Iu �Bp °p - - _ fio k 30 -- - - - - - - 70 K - 20 T 80 10 0 - - - — 100 001 0002 005 ON019 ON074 10 297 1 19 2 0 2 38 4 75 952 191 3&1 76 2 127 200 0 42590 152 DIAMETER OF PARTICLE IN MILLIMETERS CLAY (PLASTIC) TO SILT (NON PLASTIC) SANDS I GRAVEL FINE MEDIUM COARSE FINE COHSE COBBLE9 SOmp1e Of FILL SAND CLAYEY (SC) From TH 11 AT 0-4 FEET CITY OF FORT COLLINS ENGINEERING DEPARTMENT DRAKE & ZIEGLER ROADS PROJECT NO FC04378 135 GRAVEL 14 % SAND 48% SILT & CLAY 38 % LIQUID LIMIT % PLASTICITY INDEX % Gradation Test Results FIGURE A 6 TABLE Ad SUMMARY OF LABORATORY TESTING u MOISTURE DRY ATTERBERG LIMITS I PASSING NO 200 SOLUBLE CLASSIFICATION L ID PLASTICITY APPLIED BORING DEPTH CONTENT DENSITY LIMIT I INDEX SWELL PRESSURE SIEVE SULFATES AASHTO UNIFIED NO fE % PC % KS % % DESCRIPTION TH 1 981 38 1 25 371 0028 A 4 SC FILL SAND CLAYEY TH 1 2 2 118 22 150 CL FILL CLAY SANDY TH 2 4 328 TH 3 89 30 14 SC FILL SAND CLAYEY TH-32 2 421 0 080 A-8 2 SC FILL SAND CLAYEY hid 11 9 117 SC FILL SAND CLAYEY 4 183 111 03 150 SC SAND CLAYEY TH 5 0-4 74 30 17 428 1 0048 A 3 SC FILLSAND CLAYEY TH 5 TH- 21 6 4 SC FILL, SAND CLAYEY 4 195 106 CL CLAY SANDY 7 TH 7 0.4 12 9 36 22 426 0 036 A 5 SC FILL SAND CLAYEY TH7 2 1 198 106 10 150 SC FILL SAND CLAYEY TH 7 9 31 9 91 0 1 CL CLAY SANDY TH-8 4 131 117 CL FILL, CLAY SANDY TH-9 64 85 32 18 395 0090 A-63 SC FILL SAND CLAYEY TH 9 2 1 106 115 SC FILL, SAND CLAYEY TH 10 2 128 112 0 8 150 SC FILLSAND CLAYEY TH 10 4 113 SC FILL SAND CLAYEY TH 11 04 81 38 25 384 0028 A-6 4 SC FILL SAND CLAYEY TH 11 2 139 116 CL FILL SAND CLAYEY TH 11 4 146 112 00 150 CL FILL CLAY SANDY CffY OF FORT COLLINS ENGIREERINO DEPARTAENi CRIMEi LEOIER 110 G PBROVENEM PROJECT CTLIT PROJECT NO FC0137&135 Page 1 of 1 608-06 Colored Concrete Bike Path 5" Fibermesh 15 500 SF 608-07 San Diego Buff Concrete @ 20X7 Box Culvert - (6" Depth) 582 SF 608-08 Exposed Aggregate Median Cover - San Diego Buff 429 SF 609-01 Vertical Curb and Gutter 30" 9 842 LF 609-02 Outfall Vertical Curb and Gutter 18 286 LF 619-01 8 DIP CI-52 Water Main 210 LF 619-02 6 DIP CL-52 Water Main 20 LF 619-03 6 Gate Valve and Box 1 EA 619-04 8"X8"X6" Swivel Tee W/TB 1 EA 619-05 Fire Hydrant Assembly 1 EA 619-06 1 Irrigation Service & Meter Pit - Copper -Corp -Curb Stop - per COFC Spec 1 LS 619-07 8" x 8' x 1 Tapping Sleeve for Irrigation 1 LS Subtotal Drake/Ziegler Phase III Subtotal Lanscaping Quantities Misceftrwous Quantities - Contract Bond 1 LS 625-01 Construction Surveying 1 LS 626-01 Mobilization 1 LS Subtotal Drake/Ziegler Phase II Misc Quantities Total Base Bid Total Base Bid in Words Rev 10/20/07 Section 00300 Page 4 9 PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc , to cover the complete Work in place of the several kinds called for Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price RESPECTFULLY SUBMITTED Signature Title CONTRACTOR License Number (If Applicable) (Seal - if Bid is by corporation) Attest Address Telephone Email Date Rev 10/20/07 Section 00300 Page 5 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Rev 10/20/07 Section 00410 Page 1 SECTION 00410 KNOW ALL MEN BY THESE PRESENTS that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 6099 Drake Ziegler Improvements Project Phase III NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid and said Surety does hereby waive notice of any such extension Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER Rev 10/20/07 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above PRINCIPAL Name Address By Title ATTEST By (SEAL) LM Title SURETY (SEAL) Rev 10/20/07 Section 00410 Page 3 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive This statement must be notarized If necessary, questions may be answered on separate attached sheets The Bidder may submit any additional information he desires 1 Name of Bidder 2 Permanent main office address 3 When organized 4 If a corporation, where incorporated 5 How many years have you been engaged in the contracting business under your present firm or trade name? 6 Contracts on hand (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion ) 7 General character of Work performed by your company 8 Have you ever failed to complete any Work awarded to you? If so, where and why? 9 Have your ever defaulted on a contract? If so, where and why's 10 Are you debarred by any government agency? If yes list agency name Rev 10/20/07 Section 00420 Page 1 11 List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction 12 List your major equipment available for this contract 13 Experience in construction Work similar in importance to this project 14 Background and experience of the principal members of your organization, including officers 15 Credit available $ 16 Bank reference 17 Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 19 Are you licensed as a General CONTRACTOR If yes, in what city, county and state> class, license and numbers? Do you anticipate subcontracting Contract? If yes, what percent of total contract? and to whom? What 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 22 What company? What are your company's bonding limitations) 23 The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications Dated at this day of , 20 Name of Bidder By Title State of County of being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct Subscribed and sworn to before me this day of 20 Notary Public My commission expires Rev 10/20/07 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract ITEM Section 00430 Page 1 SECTION 00020 INVITATION TO BID Date April 7, 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 May 8, 2008, for the 6099 Drake Ziegler Improvements Project Phase III BID NO 6099 If delivered, they are to be delivered to 215 North Mason Street, 2"' 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 6099 Drake Ziegler Improvements Project Phase III Drake/Ziegler Phase III Improvements begin 100 feet east of the Drake Road/Environmental Drive intersection and continue to Horsetooth Road The improvements include minor earthwork, water line installation, stormsewer installation, one cast in place 20'x 7' box culvert, one precast 4'x 8' box culvert, full depth asphalt roadway installation, curb and gutter installation, sidewalk installation The Contractor will provide construction surveying The City will provide traffic control The Contractor will be required to work with our traffic control supervisor Material Testing will be provided by the City and performed by CTL Thompson, Inc of work 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 April 8, 2008 A prebad conference and Sob walk with representatives of prospective Bidders will be held at 1 00 pm, on April 17, 2008, at 281 North College Avenue, Conference Room A, Fort Collins Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting The Contract Documents and Construction Drawings may be examined online at 1 City of Fort Collins BuySpeed https //secure2 fcgov com/bso/login jsp 2 Mercury-LDO Reprographics www mercury-ldo com Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be viewed and purchased at Rev 10/20/07 Section 00020 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date TO PROJECT 6099 Drake Ziegler Improvements Project Phase III OWNER CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated , 20 for the above project has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6099 Drake Ziegler Improvements Project Phase III Improvements begin 100 feet east of the Drake Road/Environmental Drive intersection and continue to Horsetooth Road The improvements include minor earthwork, water line installation, stormsewer installation, one cast in place 201x 7' box culvert, one precast 4'x 8' box culvert, full depth asphalt roadway installation, curb and gutter installation, sidewalk installation The Contractor will provide construction surveying The City will provide traffic control The Contractor will be required to work with our traffic control supervisor Material Testing will be provided by the City and performed by CTL Thompson, Inc The Price of your Agreement is Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by , 20 1 You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents Each of the Contract Documents must bear your signature on the cover of the page 2 You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5 1) and Supplementary Conditions Failure to comply with these conditions 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 Section 00510 Page 1 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 M City of Fort Collins OWNER James B O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 7/96 Section 00510 Page 2 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 6099 Drake Ziegler Improvements Project Phase III Improvements begin 100 feet east of the Drake Road/Environmental Drive intersection and continue to Horsetooth Road The improvements include minor earthwork, water line installation, stormsewer installation, one cast in place 201x 7' box culvert, one precast 41x 8' box culvert, full depth asphalt roadway installation, curb and gutter installation, sidewalk installation and is generally described in Section 01010 The Contractor will provide construction surveying The City will provide traffic control The Contractor will be required to work with our traffic control supervisor Material Testing will be provided by the City and performed by CTL Thompson, Inc ARTICLE 2 ENGINEER The Project has been designed by JR Engineering, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents ARTICLE 3 CONTRACT TIMES 3 1 The Work shall be Substantially Complete within Ninety (90) 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 One Hundred (100) working days after the date when the Contract Times commence to run Section 00520 Page 1 3 2 Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter 1) Substantial Completion Two Thousand Three Hundred Sixty Three Dollars ($2363 00) for each calendar day or fraction thereof that expires after the Ninety (90) working day period for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial Completion, Six Hundred Dollars ($600 00) for each calendar day or fraction thereof that expires after the Ten (10) working day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance ARTICLE 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions Applications for Payment will be processed by ENGINEER as provided in the General Conditions 5 1 PROGRESS PAYMENTS OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2 6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work 5 1 1 Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the Section 00520 Page 2 aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14 7 of the General Conditions 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14 2 of the General Conditions) may be included in the application for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions or as provided by law 5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in accordance with paragraph 14 13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 13 ARTICLE 6 CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and 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 Section 00520 Page 3 provisions of paragraph 4 2 of the General Conditions and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes 6 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4 3 of the General Conditions 6 5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of Contract Documents in Article 1 10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following 7 2 1Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3Lien Waiver Releases 7 2 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 Sheet 1 Cover Sheet Sheet 2 Typical Sections Sheet 3 General Notes Sheet 4 Horizontal Control Section 00520 Page 4 Sheet 5 Phasing Plan Sheet 6 Right of Way Map Sheet 7-9 Remove and Replace Plans Sheet 10-14 Plan and Profile Sheet 15-16 Grading Plan Sheet 17-18 Erosion Control Plans Sheet 19-25 Storm Sewer Plan and Profile Sheet 26 FCRID Realignment Plan and Profile Sheet 27-28 FCRID Realignment Cross Sections Sheet 29-32 Foothills Channel 20'x7' C I P Box Culvert Details Sheet 33-34 Signing and Striping Plans Sheet 35-43 Roadway Cross Sections Sheet 44 Pond 269 8'x4' Precast Box Culvert Plan and Profile Sheet 45 Pond 269 Grading and Erosion Control Plan Sheet 50-51 Pond 269 Details Sheet 58-63 Cottonwood Roadway Plans Sheet 69-74 Details Extra Sheet Informational Sheet regarding Soil - Cement Drop Structure for removal The Contract Drawings shall be stamped "Final for Construction" and dated Any revisions made shall be clearly identified and dated 7 4 Addenda Numbers to , inclusive 7 5 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3 5 and 3 6 of the General Conditions 7 6 There are no Contract Documents other than those listed or incorporated by reference in this Article 7 The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3 5 and 3 6 of the General Conditions ARTICLE 8 MISCELLANEOUS 8 1 Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions 8 2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the Section 00520 Page 5 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 OWNER CITY OF FORT COLLINS CONTRACTOR By JAMES B O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date Attest City Clerk wo Title Date (CORPORATE SEAL) Attest Address for giving notices Address for giving notices P 0 Box 580 Fort Collins, CO 80522 LICENSE NO Approved as to Form Assistant City Attorney Section 00520 Page 6 Section 00520 Page 7 1 Mercury LDO Reprograhics • FORT COLLINS 422 S Link Lane, Ft Collins, CO 80524 Ph 970-484-1201, Fax 970-221-0404 • ENGLEWOOD 9632 E Arapahoe, Englewood, CO 80112 Ph 303-790-7169, Fax 303-792-2936 • DENVER 860 Bryant Street, Denver, CO 80204 Ph 303-893-8701, Fax 303-893-0617 • COLORADO SPRINGS 11 E Las Vegas, Colorado Springs, CO 80903 Ph 719-231-8121, Fax 719-633-5710 • LODO 1660 Wynkoop Ste 130, Denver, CO 80202 Ph 303-785-2520, Fax 303-785-2522 • BOULDER 2575 Pearl St Unit C , Boulder, CO 80302 Ph 303-539-1350, Fax 303-539-1356 2 Builders Exchange, 223 South Link Lane, Fort Collins, Colorado Rev 10/20/07 Section 00020 Page 2 SECTION 00530 NOTICE TO PROCEED Description of Work 6099 Drake Ziegler Improvements Pro3ect Phase III To This notice is to advise you That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER That the OWNER has approved the said Contract Documents Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within (_) calendar days from receipt of this notice as required by the Agreement Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be 20 and , 20, respectively City of Fort Collins OWNER By Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR 0 Title Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No KNOW ALL MEN BY THESE PRESENTS that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER', in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 2008, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6099 Drake Ziegler Improvements Project Phase III 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 , 20 IN PRESENCE OF (Corporate Seal) IN PRESENCE OF IN PRESENCE OF (Surety Seal) Principal (Title) (Address) Other Partners By By Surety By By (Address) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR as Partnership, all partners should execute Bond Rev 10/20/07 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No KNOW ALL MEN BY THESE PRESENTS that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety', are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave , Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 2008, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6099 Drake Ziegler Improvements Project Phase III NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void otherwise to remain in full force and effect Rev 10/20/07 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20 IN PRESENCE OF Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF Other Partners IN PRESENCE OF Surety By By (Address) (Surety Seal) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond Rev 10/20/07 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance Rev 10/20/07 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6099 Drake Ziegler Improvements Project Phase III PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER City of Fort Collins CONTRACTOR CONTRACT DATE The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated 59 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 TO Gentlemen 20 You are hereby notified that on the day of , 20, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 6099 Drake Ziegler Improvements Project Phase III 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 10/20107 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM (CONTRACTOR) PROJECT 6099 Drake Ziegler Improvements Project Phase III 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 Rev 10/20/07 Section 00650 Page 1 1 2 3 to Construction Document Ordering Instructions (Download a complete P1anWell 4 0 Ordering Guide from www planwell com) GO TO www, mercury-ldo com SELECT Denver Links "Plan Well V PlanWeE ml EM .. oI SELECT Public :Vmcwallor- Planroom "GO °I Mercury/LDD Colorado V Plai I Digital Document Management & Distribution pLaw Name 0 IPaeswaN�- romd var oasswara NM a memaeryMa sloe up now W I I In 9 J I I tt h wtl Anti P MW Rnpch o fpBidding h RI IT No login llayutrea A I AU want acoeas ow odays standard in O I io planrnorn sa 3a Onbno Imdahon to bid mtda'asy sarg In. SELECT the desired Project Number from the list Rev 10/20/07 Section 00020 Page 3 project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims 5 The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project Signed this day of , 20 CONTRACTOR_ M Title ATTEST Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal My Commission Expires Notary Public Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Color (hereinafter referred to as the "OWNER CONTRACTOR PROJECT 6099 Drake Ziegler Improvements Project Phase III CONTRACT DATE In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) LE ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact Rev 10/20/07 Section 00660 Page 1 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232 2416 SECTION 00670 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26 114(1)(a)(XIX) DO NOT WRITE IN THIS SPACE 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) Penod 0170-750 (999) $0 00 89 - s Cv rya_ Trade name/DBA Owner partner or corporate name Mailing address (City State Zip) Contact Person E Mail address Federal Employer s Identification Number Bid amount for your contract $ Fax Number ( ) Business telephone number Colorado withholding tax account number WK—� ' i` r' -'aJµf �' .� �w� >! ��19tft� Name of exempt organization (as shown on contract) s number Address of exempt organization (City State Zip) Principal contact at exempt organization Principal contacts telephone number Physical location of project site (give actual address when applicable and Cities and/or County (ies) where protect Is located) Scheduled Month Day Year Esbmated Month Day Year construction start date completion date "�X r #y Sr I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge Signature of owner partner or corporate officer Title of corporate officer Date Section 00670 Page 1 DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past please note the following changes in procedure The Department will no longer issue individual Certificates of exemption to subcontractors Only prime contractors will receive a Contractors Exemption Certificate on exempt projects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractors name and address and signing 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 projects This should be your permanent number For instance if you were assigned 89-12345-0001 every application submitted thereafter should contain 89-12345 on the application The 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 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS W obN:I� CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee EJCDC No 1910 8 (1990 Edition) as a base Changes to that document are shown by underhnmg 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 1 3 Application for Payment 1 4 Asbestos 15 Bid 16 Bidding Documents 1 7 Bidding Requirements 18 Bonds 19 Change Order 1 10 Contract Documents 111 Contract Price 112 Contract Times 113 CONTRACTOR 1 14 defective 1 15 Drawings 1 16 Effective Date of the Agreement 117 ENGINEER 1 18 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 124 Milestone 125 Notice of Award 1 26 Notice to Proceed 127 OWNER 1 28 Partial Utilization 129 PCBs 130 Petroleum 131 Project 1 32 a Radioactive Material 1 32 b Regular Working Hours 133 Resident Project Representative 134 Samples 135 Shop Drawings 136 Specifications 1 37 Subcontractor 1 38 Substantial Completion 139 Supplementary Conditions 140 Supplier 141 Underground Facilities 142 Unit Price Work 143 Work 1 44 Work Change Directive 145 Written Amendment Page Article or Paragraph Number Number & Title Page Number 1 2 PRELIMINARY MATTERS 3 1 21 Delivery of Bonds 3 1 22 Copies of Documents 3 1 23 Commencement of Contract 1 Times Notice to Proceed 3 1 24 Starting the Wort. 3 1 25 27 Before Starting Construction 1 CONTRACTOR s Responsibility I to Report Prelunmary Schedues I Delivery of Certificates of 1 Insurance 34 1 28 Preconstruction Conference 4 1 29 Initially Acceptable Schedules 4 I t 3 CONTRACT DOCUMENTS INTENT t AMENDING REUSE 4 1 3 1 32 Intent 4 l 33 Reference to Standards and Speci l frcations of Technical Societies l Reporung and Resolving Dis crepancies 4 5 2 34 Intent of Certain Terms or Adjectives 5 2 35 Amending Contract Docwents 5 2 36 Supplementing Contract 2 Documents 5 2 37 Reuse of Documents 5 2 4 AVAILABILITY OF LANDS 2 SUBSURFACE AND PHYSICAL CONDITIONS 2 REFERENCE POINTS 5 2 41 Availability of Lands 5 6 2 42 Subsurface and Physical 2 Conditions 6 2 42 1 Reports and Drawings 6 2 42 2 Lun ited Reliance by CONTRAC 2 TORAuthonzed Technical 2 Data 6 2 423 Notice of Differing Subsurface 2 or Physical Conditions 6 2 424 ENGINEER s Review 6 2 425 Possible Contract Documents 2 Change 6 2 426 Possible Price and Times 23 Adjustments 67 3 43 Physical Conditions Underground 3 Facilities 7 3 43 1 Shown or Indicated 7 3 43 2 Not Shown or Indicated 7 44 Reference Points 7 ESCDC 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 45 Asbestos, PCBs Petroleum 625 Submittal Proceedures CON Hazardous Waste or TRACTOR s Review Prior Radioactive Material 7 8 to Shop Drawing or Sample Submittal 16 5 BONDS AND INSURANCE 8 626 Shop Drawing & Sample Submit 5 1 5 2 Performance Payment and Other talc Review by ENGINEER 16 17 Bonds 8 627 Responsibility for Variations 53 Licensed Sureties and Insurers From Contract Documents 17 Certificates of Insurance 8 628 Related Work Performed Prior 54 CONTRACTOR s Liability to ENGINEER s 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 Botler and Machinery or Addi 630 CONTRACTOR s General tional Property Insurance 10 Warranty and Guarantee 17 58 Notice of Cancellation Provision 10 631 633 Indemnification 17 18 59 CONTRACTOR Responsibility 634 Survival of Obligations 18 for Deductible Amounts 10 510 Other Special Insurance 10 7 OTHER WORK 18 511 Waiver of Rights 11 71 73 Related Work at Site 18 5 12 5 13 Receipt and Application of 74 Coordination 18 Insurance Proceeds 1011 514 Acceptance of Bonds and Insn 8 OWNER S RESPONSIBILITIES 18 ante Option to Replace 11 8 1 Communications to CON 5 15 Partial Utilization Property TRACTOR 18 Insurance 11 82 Replacement of ENGINEER 18 83 Furnish Data andPay Promptly 6 CONTRACTORS RESPONSIBILITIES 11 When Due 18 6 1 6 2 Supervision and Superintendence 11 84 Lands and Easements Reports 6 3 6 5 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 CONTRACTORS Expense 87 Inspections Tests and Substitute Construction Approvals 19 Methods or Procedures 88 Stop or Suspend Work ENGINEERS Evaluation 12 13 Terminate CONTRACTORS 6 8 6 11 Concerning Subcontractors Services 19 Suppliers and Others 89 Limitations on OWNER S Waiver of Rights 1314 Responsibilities 19 612 Patent Fees and Royalties 14 810 Asbestos PCBs Petroleum 613 Permits 14 Hazardous Waste or 614 Laws and Regulations 14 Radioactive Material 19 6 15 Taxes 14 15 811 Evidence of Financal 616 Use of Premises 15 Arrangements 19 617 Site Cleanliness 15 618 Safe Structural Loading 15 9 ENGINEERS STATUS DURING 619 Record Documents 15 CONSTRUCTION 19 620 Safety and Protection 15 16 91 OWNERS Representative 19 621 Safety Representative 16 92 Visits to Site 19 622 Hazard Communication Programs 16 93 Project Representative 19 21 623 Emergencies 16 94 Clarifications and Interpre 624 Shop Drawings and Samples 16 tations 21 95 Authorized Variations in V&k 21 E.8•DC 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 21 138 139 Uncovering Work at ENGI 9799 Shop Drawings Change Orders NEER s Request 2728 and Payments 21 1310 OWNER May Stop the Work 28 9 10 Determmaticris for Unit Prices 21 22 1311 Correction or Removal of 911 9 12 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 2223 13 14 OWNER May Correct Defective Work 28 29 CHANGES IN THE WORK 23 101 OWNER s Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND 102 Claim for Adjustment 23 COMPLETION 29 103 Work Not Required by Contract 141 Schedule of Values 29 Documents 23 142 Application for Progress 104 Change Orders 23 Payment 29 105 Notification of Surety 23 143 CONTRACTORs Warranty of Title 29 CHANGE OF CONTRACT PRICE 23 144 147 Review of Applications for 11 1 113 Contract Price Claim for Progress Payments 2930 Adjustment Value of 148 149 Substantial Completion 30 the Work 23 24 1410 Partial Utilization 30 31 11 4 Cost of the Work 24 25 1411 Final Inspection 31 11 5 Exclusions to Cost of the Work 25 1412 Final Application for Payment 31 116 CONTRACTORs Fee 25 1413 1414 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 AND TERMINATION 32 CHANGE OF CONTRACT TIMES 26 151 OWNER May Suspend Work 32 121 Claim for Adjustment �6 152154 OWNER May Terminate 32 122 Time of the Essence 26 155 CONTRACTOR May Stop 123 Delays Beyond CONTRACTORS Work or Terminate 3233 Control 2627 124 Delays Beyond OWNERS and 16 DISPUTE RESOLUTION 33 CONTRACTOR s Control 27 17 MISCELLANEOUS 33 TESTS AND INSPECTIONS CORRECTION 171 Giving Notice 33 REMOVAL OR ACCEPTANCE OF 172 Computation of Times 33 DEFECTIVE WORK �7 173 Notice of Claim 33 131 Notice of Defects 27 174 Cumulative Remedies 33 132 Access to the Work 27 175 Professional Fees and Court 133 Tests and Inspections Costs Included 33 CONTRACTORS Cooperation 27 176 Applicable State Laws 33 34 13 4 OWNER s Responsibilities Intentionally left blank 35 Independent Testing Laboratory 27 13 5 CONTRACTORS EXHIBIT GC A (Optional) Responsibilities z7 Dispute Resolution Agreement GC Al 136 137 Covering Work Prior to Inspeo 161 166 Arbitration GC Al tion Testing or Approval 27 167 Mediation GC Al EICDC OEN AL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of Bonds and Insurance 5 14 defective Work 10 4 1 13 5 13 13 final payment 9 IZ 14 15 insurance 5 14 other Work, by CONTRACTOR 73 Substitutes and Or Equal Items 6 7 1 Work by OWNER 25 630 634 Access to the Lands OWNERandCONTRACTOR responsibilities 41 site related Work 72 Work 132 1314 149 Acts or Omissions Acts and Omissions CONTRACTOR 691 9133 ENGINEER 620 9 13 3 OWNER 620 89 Addenda definition of (also see definition of Specifications) (1 6 1 10 6 19) 1 1 Additional Property Insurances 57 Adjustments Contract Price or Contract Times 15 35 41 432 452 453 94 95 102104 11 12 148 151 progress schedule 66 Agreement definition of 12 All Risk Insurance policy form 562 Allowances Cash 11 8 Amending Contract Documents 35 Amendment Written in general 1 10 145 3 5 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 1 3 ENGINEERS Responsibility 99 final payment 9 13 4 913 5 14 12 14 15 in general 2 8 2 9 5 6 4 9 10 15 5 progress payment 141 147 review of 144 147 Arbitration 161 166 Asbestos clams pursuant thereto 4 5 2 45 3 CONTRACTOR authorized to stop Work 4 5 2 definition of 14 Article or Paragraph Number OWNER responsibility for 4 5 1 8 10 possible price and times change 452 Authorized Variations in Work 36 625 627 95 Availability of Lands 41 84 Award Notice of defined 125 Before Starting Construction 25 28 Bid definition of 1 5 (1 1 110 23 33 4264 613 1143 1191) Bidding Documents definition of 16(682) Bidding Requirements definition of 17(11 4262) Bonds acceptance of 5 14 additional bonds 105 11459 Cost of the Work 1154 definition of 1 8 delivery of 21 5 1 final Application for Payment 1412 1414 general 110 5 1 5 3 5 13 913 105 1476 Performance Payment and Other 5 1 5 2 Bonds and Insurance in general 5 Builders risk all risk policy form 5 6 2 Cancellation Provisions Insurance 54 11 58 5 15 Cash Allowances 11 8 Certificate of Substantial Completion 1 38 63023 148 1410 Certificates of Inspection 9 134 135 14 12 Certificates of Insurance 2 7 53 5 4 11 54 13 565 58 514 9 13 4 1412 Change in Contract Price Cash Allowances clam for price adjustment 4 1 426 45 95 911 102 13 13 13 14 CONTRACTORS fee Cost of the Work general Exclusions to Cost Records in general 1 19 Lump Sum Pricing Notification of Surety Scope of Testing and Inspection Uncovering the Work 118 515 682 94 105 11 2 139 147 151 155 116 114117 115 117 144 911 1042 1043 II 1132 105 103 104 139 ETCDC GENERAL CONDITIONS 1910 S (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 5 CLICK "Most Current Set to View the list of documents available for the project Drder items by clicking the cart Icon Stxt Order Item Browser son 11 mCM Host Current Se patty I ® Most Current et As at h112/200514 44 00M t S1Qja de Set FllaRevison 1 dalRey s on 2 r� ®E1 �I Issue Set 7/29/2002 Architectural 4x36 LBW ®92 Sy Issue Set 7/29/2002 Architectural 24X36 LBW Revision 2 2/10/2004 Archtectural 24%36 LBW Issue Set 7/29/2002 Architectural 24k36 LBW ®A @ Revision 1 11/12/2003 Architectural 2036 LBW 6 CLICK Sheet No to view 7 CLICK to add a specific document to your Shopp ng Cart' 8 CLICK Start My Order to place the order for printing 9 REGISTER -or- LOGIN 10 SELECT Process -Media, Output Size and Binding options 11 ENTER Job Number and PO information then click Next 12 REVIEW Recipient information 13 ENTER Quantities 14 CLICK the down arrow to populate order 15 SELECT Delivery options and Due time 16 ENTER Your phone number in the special instructions box 17 CLICK Next 18 REVIEW order 19 CLICK SUBMIT Planwell contact 970-691-2201 Rev 10/20/07 Section 00020 Page 4 Unit Prone Wort. Article or Paragraph Number Value of Work Change in Contract Times Clam for times adjustment 41 426 45 682 94 95 911 102 105 139 1313 1314 147 151 Contractual time limits Delays beyond CONTRACTOR s control Delays beyond OWNERS and CONTRACTORS control Notdication of surety Scope of change Change Orders Acceptance ofDefecnve Work Amending Contract Documents Cash Allowances Change of Contract Price Change of Contract Times Changes in the Work CONTRACTORsfee Cost of the Work Cost Records definition of emergencies ENGINEER s responsibility execution of Indemnifiction Insurance Bonds and OWNER may terminate OWNERS Responsibility Physical Conditions Subsurface and Underground Facilities Record Docum ents Scope of Change Substitutes Unit Price Work 98 104 612 616 5 10 value of Work covered by Changes in the Work Notification of surety OWNERS and CONTRACTORS responsibilities Right to an adjustment Scope of change Claims against CONTRACTOR against ENGINEER against OWNER Change of Contract Price Change of Contract Times CONTRACTORS 4 7 1 9 4 9 5 9 11 10 2 11 2 11 9 12 1 13 9 14 8 151 15 5 173 CONTRACTORS Fee 113 CONTRACTOR s liability Cost of the Work 5 15 Decisions on Disputes 121 Dispute Resolution 155 Dispute Resolution Agreement 122 ENGINEER as initial interpretor Lump Sum Pricing 123 Notice of 124 105 103104 13 13 35 11 8 11 12 10 116 114117 117 19 623 112 121 104 631 633 513 105 152154 86 104 42 432 619 103104 673 682 119 113 10 105 104 102 103104 616 632 632 94 112 94 121 116 Article or Paragraph Number 54 612 616 11 911 16 OWNERS 94 95 9It 102 II 12 1 13 9 13 U 13 14 OWNER s liability OWNER may refuse to make payment Professional Fees and Court Costs Included request for formal decision on Substitute Items Time Extension Time requirements Unit Price Work Value of Waiver of on Final Payment Work Change Directive written notice required Clarifications and Interpretations Clean Site Codes of Technical Society Organization or Association Commencement of Contract Times Communications general Hazard Communication Programs Completion Final Application for Payment Final inspection Final Payment and Acceptance Partial Utilization Substantial Completion Waiver of Claims Computation of Times Concemmg Subcontractors Suppliers and Others Conferences initially acceptable schedules preconstructnon Conflict Error Ambiguity Discrepancy CONTRACTOR to Report Construction before starting by CONTRACTOR Construction Machinery Equipment etc Continuing the Work Contract Documents Amending Bonds 631 4 115 912 161 166 911 1132 173 2 11 9 173 �5 147 175 911 6712 121 911 121 1193 113 1414 1415 102 911 112 121 363 94 911 617 333 23 62 692 81 622 14 12 1411 1413 1414 1410 1 38 148 149 14 15 1721 1722 68611 29 28 25 332 2527 64 629 104 35 51 EIDDC GENERAL CONDITIONS 1910 8 (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 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 mterpreter of 911 ENGINEER as OWNERS representative 91 general3 Insurance 53 Intent 3 1 34 minor variations in the Work 36 OWNERS responsibility to furnish data 83 OWNERS responsibility to make prompt payment 83 144 14 13 precedence 3 1 33 3 Record Documents 6 19 Reference to Standards and Specifications of Technical Societies Related Work Reporting and Resolving Discrepancies 25 Reuse of Supplementing Termination of ENGINEERS Employment Unit Price Work variations Visits to Site ENGINEERS Contract Price adjustment of 35 4 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 May Stop Work or Terminate provide site access to others Safety and Protection 36 623 33 72 33 37 36 82 11 9 627 92 194103112113 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 1 112 Continuing Obligation 14 15 Defective Work 96 1310-1314 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, 616 631 633 Inspection of the Work 73 134 Labor Materials and Equipment 63 65 Laws and Regulations Compliance by 6 14 1 Liability Insurance 54 Notice of Intent to Appeal 910 104 obligation to perform and complete the Work 630 Patent Fees and Royalties paid for by 6 12 Performance and Other Bonds 5 1 Permits obtained and paid for by 6 13 Progress Schedule 26 28 29 66 629 104 1521 Request for formal decisionon disputes 911 Responsibilities Changes in the Work 101 Concerning Subcontractors Suppliers and Others 6 8 6 11 Continuing the Work 629 104 CONTRACTOR s expense 6 7 1 CONTRACTOR s General Warranty and Guarantee 630 CONTRACTOR s review prior to Shop Drawing or Sample submittal 625 Coordination of Work 692 Emergencies 623 ENGINEERS evaluation Substitutes or Or Equal Items ¢73 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 631 633 x� EICDC GENERAL CONDITIONS 1910 a (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor Materials and Equipment 6 3 6 5 CONTRACTORS other 7 Laws and Regulations 614 Contractual Liability Insurance 54 10 Liability Insurance 54 Contractual Time Limits 122 Article or Paragraph Article or Paragraph Number Number Notice of variation from Contract Coordination Documents 627 CONTRACTOR s responsibility 692 Patent Fees and Royalties 612 Copies of Documents 22 Permits 613 Correction Period 13 12 Progress Schedule 66 Correction Removal or Acceptance Record Documents 619 of Defective Work related Work performed prior to in general 1041 1310 13 14 ENGINEER approval of required Acceptance ofDefecnve Work 13 13 submittals 628 Correction or Removal of safe structural loading 6 18 Defective Work 630 13 11 Safety and Protection 620 72 132 Correction Period 13 12 Safety Representative 621 OWNER May Correct Defective Work 1314 Scheduling the Work 692 OWNER May Stop Work 13 10 Shop Drawings and Samples 624 Cost Shop Drawings and Samples Review of Tests and Inspections 134 by ENGINEER 626 Records I 7 Site Cleanliness 617 Cost of the Work Submittal Procedures 6 25 Bonds and insurance additional 114 S 9 Substitute Construction Methods Cash Discounts I 1 4 2 and Procedures 672 CONTRACTORs Fee 11 6 Substitutes and Or Equal Items 6 7 1 Employee Expenses 1145 1 Superintendence 62 Exclusions to 11 5 Supervision 61 Generall 1 4 11 5 Survival of Obligations 634 Home office and overhead expenses 11 5 Taxes 6 15 Losses and damages 114 16 Tests and Inspections 135 Materials and equipment t 1 4 2 To Report 25 Minor expenses 114 5 8 Use of Premises 6 16 6 18 6 30 2 4 Payroll costs on changes 11 4 1 Review Prior to Shop Drawing or performed by Subcontractors 1143 Sample Submittal 625 Records 117 Right to adjustment for changes in the Work 102 Rentals of construction equipment right to claim 4 7 1 9 4 9 5 9 11 10 2 11 2 and machinery l 14 5 3 119 12 1 13 9 14 8 15 l 15 5 173 Royalty payments, perm its and Safety and Protection 620 622 72 132 license fees 11 4 5 5 Safety Representative 621 Site office and temporary facilities 11452 Shop Drawings and Samples Submittals 624628 Special Consultants CONTRACTOR s 1144 Special Consultants 1144 Supplemental 114 S Substitute Construction Methods and Procedures 6 7 Taxes related to the Work 1 l 4 5 4 Substitutes and Or Equal Items Tests and Inspection 134 Expense 67 1 672 Trade Discounts It 42 Subcontractors Suppliers and Others 6 8 611 Utilities fuel and sanitary facilities 11457 Supervision and Superintendence 61 62 621 Work after regular hours 1 14 1 Taxes Payment by 615 Covering Work 13 6-13 7 Use of Premises 6 16 6 18 Cumulative Remedies 17 4-17 5 Warranties and guarantees 6 5 630 Cutting fitting and patching 72 Warranty of Title 143 Data, to be furnished by OWNER 83 Written Notice Required Day definition of 1722 CONTRACTOR stop Work or term mate 155 Decisions on Disputes 9 11 9 12 Reports of Differing Subsurface defective definition of 1 14 and Physical Conditions 423 defective Work Substantial Completion 148 Acceptance of 1041 13 13 viu EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of Correction Period in general 104 1 13 It OWNERS Representative 1312 Payments to the CONTRACTOR 13 147 1411 Responsibility for Recommendation of Payment Article or Paragraph Number Observation by ENGINEER 92 OWNER May Stop Work 1310 Prom pt Notice of Defects 131 Rejecting 96 Uncovering the Work 13 8 Definitions 1 Delays 4 l 629 123 124 Delivery of Bonds 2 1 Delivery of certificates of insurance 27 Determinations for Unit Prices 910 Differing Subsurface or Physical Conditions — Notice of 4 2 3 ENGINEERS Review 4 2 4 Possible Contract Documents Change 4 2 5 Possible Price and Times Adjustments 426 Discrepancies Reporting and Resolving 25 332 6 14 2 Dispute Resolution Agreement 161 166 Arbitration 161 165 generat16 Mediation 166 Dispute Resolution Agreement 161 166 Disputes Decisions by ENGINEER 911 9 12 Docum ents Copies of 22 Record 6 19 Reuse of 37 Drawings definition of 1 15 Easements 41 Effective date of Agreement definition of 1 16 Emergencies 623 ENGINEER as initial interpreter on disputes 911 9 12 definition of 1 17 Limitations on authority and responsibilities 911 Replacement of 82 Resident Project Representative 93 ENGINEERS Consultant definition of 1 18 ENGINFERs authority and responsibility limitations on 913 Authorized Variations in the Work 95 Change Orders responsibility for 97 10 11 12 Clarifications and Interpretations 363 94 Decisions on Disputes 911 912 defective Work notice of 13 1 Evaluation of Substitute Items 673 Liability 632 912 Notice Work is Acceptable 14 13 Observations 6 30 2 92 91 99 14 144 1413 Article or Paragraph Number Responsibilities Limitations on 9 11 913 Review of Reports on Differing Subsurface and Physical Conditions 424 Shop Drawings and Samples review responsibility 626 Status During Construction authorized variations in the Work 95 Clarifications and Interpretations 94 Decisions on Disputes 9 11 912 Determinations on Unit Price 910 ENGINEER as Initial Interpreter 911 912 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 10 Visits to Site 92 Written consent required 72 91 Equipment, Labor Materials and 6 3 6 5 Equipment rental Cost of the Work 11 4 5 3 Equivalent Materials and Equipment 67 error or omissions 6 33 Evidence of Financial Arrangements 8 11 Eeploratrons of physical conditions 42 1 Fee CONTRACTORS Costs Plus 116 Field Order definition of 1 19 issued by ENGINEER 3 6 1 95 Final Application for Payment 1412 Final Inspection 1411 Final Payment and Acceptance 1413 1414 Prior to for cash allovances 11 8 General Provisions 173 174 General Requirements definition of 1 20 principal references to ;6 64 6 6 6 7 624 Giving Notice 171 Guarantee of Work by CONTRACTOR 630 1412 Hazard Communication Programs 622 Hazardous Waste definition of 1 21 general 43 OWNER s responsibility for 810 EJCDC GENERAL CONDITIONS 1910 a (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification 6 12 6 16 6 31 6 33 Insurance 53 Initially Acceptable Schedules 29 Precedence 3 1 3 3 3 Inspection Reference to 3 3 1 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 Number Special required byENGINEER 9 o 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 CONTRACTOR s 54 in the Work 11459 OWNERS 55 Before starting the Work 27 Licensed Sureties and Insurers ) 3 Bonds and in general 5 Liens Cancellation Provisions 5 8 Application for Progress Payment 142 Certificates of 2 7 5 5 3) 4 11 5 4 13 CONTRACTORs Warranty of Title 143 5 6 5 5 8 5 14 9 13 4 14 12 Final Application for Payment 1412 completed operations 5413 definition of 1 23 CONTRACTORS Liability 54 Waiver of Claims 14 15 CONTRACTORS objection to coverage 5 14 Limitations on ENGINEER s authority and Contractual Liability 5410 responsibilities 9 13 deductible amounts CONTRACTORS Limited Reliance by CONTRACTOR responsibility 59 Authorized 422 Final Applmaton for Payment 14 12 Maintenance and Operating Manuals Licensed Insurers 53 Final Application for Payment t4 12 Notice requirements material changes 58 105 Manuals (of others) Option to Replace 5 14 Precedence 3 33 1 other special insurances 5 10 Reference to in Contract Documents 33 1 OWNER as fiduciary for insureds 5 12 5 13 Materials and equipment OWNERS Liability 5 5 furnished by CONTRACTOR 63 OWNERS Responsibility 8 ) not incorporated in Work 142 Partial Utilization Property Insurance 5 15 Materials or equipment equivalent 67 Proper[} 56 5 10 Mednatim (Optional) 167 Receipt and Application of Insurance Milestones definition of 124 Proceeds 5 12 5 13 Miscellaneous Special Insurance 5 10 Computation of Times 172 Waiver of Rights 5 t l Cumulative Remedies 174 Intent of Contract Documents 3 1 3 4 Giving Notice 171 Interpretations and Clarifications 3 6 3 94 Notice of Claim 173 Investigations of physical conditions 4 2 Professional Fees and Court Costs Included 175 Labor Materials and Equipment 6 3 6 3 Multi prime contracts 7 Lands Not Shown or Indicated 4 3 2 and Easements 8 4 Notice of Availability of 4 1 8 4 Acceptability of Project 14 13 Reports and Tests 8 4 Award definition of 1 25 Laws and Regulations- Laws or Regulations Claim 173 Bonds 5 1 5 2 Defects 13 1 Changes in the Work 104 Differing Subsurface or Physical Conditions 4 2 3 Contract Documents 3 1 Giving 171 CONTRACTOR 9 Responsibilities 6 14 Correction Period defective Work 13 12 Tests and Inspections 133 Cost of the Work taxes 11 4 5 4 Variation, Shop Drawing and Sample 627 definition of 1 22 Notice to Proceed genem16 14 definition of 1 26 Indemnification 631 6 33 giving of 2 3 x E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety 105 Observations by ENGINEER 630 92 Occupancy of the Work 5 15 6 30 2 4 14 10 Omissions or acts by CONTRACTOR 69 913 Open Peril policy form Insurance 562 Option to Replace 5 14 Article or Paragraph Number Or Equal Items 67 Other work 7 Overtime Work prohibition of 63 OWNER Acceptance of defective Work 13 13 appoint an ENGINEER 82 as fiduciary 5 12 5 13 Availability of Lands responsibility 41 definition of 127 data furnish 83 May Correct Defective Work 1314 May refuse to make payment 147 May Stop the Work 1310 May Suspend Work Terminate 8 8 13 10 15 1 154 Payment make prompt 83 144 1413 performance of other work 71 permits and licenses requirements 6 13 purchased insurance requirements 6 5 10 OWNER s- Acceptance of the Work Change Orders obligation to execute Communications Coordination of the Work Disputes request for decision Inspections tests and approvals Liability Insurance Notice of Defects Representative During Construction ENGINEERS Status Responsibilities Asbestos PCBs, Petroleum Hazardous Waste or Radioactive Material Change Orders Changes in the Work communications CONTRACTOR s responsibilities evidence of financial arrangements inspections tests and approvals insurance lands and easements prompt payment by replacement of ENGINEER reports and tests stop or suspend Work 8 8 terminate CONTRACTORS 63025 86 104 81 74 911 87 134 )5 131 1310 91 8 10 86 101 81 89 8 11 87 85 84 83 $2 84 151 services 88 152 separate representative at site 93 testing independent use or occupancy of the Work written consent a approval required 134 515 63024 1410 91 63 114 xi EJCDC GENERAL CONDITIONS 1910 a (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required 7 1 94 911 112 119 147 154 PCBs definition of 129 general 45 OWNERS responsibility for 8 10 Partial Utilization definition of 128 general 6 30 2 4 14 10 Property Insurance 5 15 Patent Fees and Royalties 612 Payment Bonds 5 1 5 2 Payments Recommendation of 144 147 1413 Payments to CONTRACTOR and Completion Application for ProgressPaynmts 142 CONTRACTORS Iharranty 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 1 5 2 Perm its 6 13 Petroleum definition of 1 30 general 45 OWNER s responsibility for 810 Physical Conditions Drawings of in or relating to 4 2 1 2 ENGINEER s review 424 existing structures 422 general 4 2 12 Notice of Differing Subsurface or 423 Possible Contract Documents Change 4 2 � Possible Price and Times Adjustments 426 Reports and Drawings 42 1 Subsurface and 42 Subsurface Conditions 4 2 1 1 Technical Data Limited Reliance by CONTRACTOR Authorized 422 Underground Facilities general 43 Not Shown or Indicded 432 Protection of 43 620 xa Article or Paragraph Number Shown or Indicated Technical Data Reconstruction Conference Preliminary Matters Preliminary Schedules Premises Use of Price Change of Contract Price Contract definition of Progress Pavment Applications for Progress Payment retainage Progress schedule CONTRACTORS 66 629 431 422 28 2 26 616618 11 1 11 142 142 26 28 29 104 1521 Project definition of 131 Project Representative ENGINEERS Status During Construction Project Representative Resident definition of prompt payment by OWNER Property Insurance Additional generals 6 5 10 93 133 83 �7 Partial Utilization 5 15 14102 receipt and application of proceeds 5 12 5 13 Protection Safety and 620621 132 Punch list 14 11 Radioactive Material defintion of 132 general4 5 OWNER s responsibility for 810 Recommendation of Payment 144 145 1413 Record Documents 619 1412 Records procedures for maintaining 28 Reference Points 44 Reference to Standards and Specifications of Technical Societies 33 Regulations Laws and (or) 614 Rejecting Defective Work 96 Related Work at Site 7 1 7 3 Performed prior to Shop Drawings and Samples submittals review 628 Remedies cumulative 174 175 Removal or Correction ofDefective Work 1311 rental agreements OWNER approval required 11453 replacement of ENGINEER. by OWNER 82 Reporting and Resolving Discrepancies 25 3 3 2 6 142 Reports and Drawings 4 2 1 and Tests OWNERS responsibility 84 Resident and Project Representative definition of 133 provision for 93 EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent CONTRACTORS 62 Responsibilities CONTRACTOR s in general 6 ENGINEER s in general 9 Limitations on 913 OWNER s in general 8 Retamage 142 Reuse of Docum ents 37 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal 625 Review of Applications for Progress Payments 144147 Right to an adjustment 102 Rights of Way 41 Royalties Patent Fees and 612 Safe Structural Loading 6 18 Safety and Protection 4 3 2 616 6 18 620621 72 132 general 620 623 Representative CONTRACTORS 621 Samples definition of 134 general 624628 Review by CONTRACTOR 625 Review by ENGINEER 626 627 related Work 628 submittal of 6 24 2 submittal procedures 625 Schedule of progress 26 28 29 66 629 104 1521 Schedule of Shop Drawing and Sample Submittals 2 6 2 8 2 9 6 24 6 28 Schedule of Values 26 28 29 141 Schedules Adherence to 1521 Adjusting 66 Change of Contract Times 104 Initially Acceptable 28 19 Preliminary 26 Scope of Changes 103 104 Subsurface Conditions 42 11 Shop Drawings and Samples general 624 628 Change Orders & Applications for Payments and 9 7 9 9 definition of 135 ENGINEER s approval of 3 6 2 ENGINEER s responsibility for review 97 5 24 6 28 related Work 628 review procedures 2 8 624 628 xw Article or Paragraph Number submittal required Submittal Procedures use to approve substitutions Shown or Indicated Site Access Site Cleanliness Site Visits to by ENGINEER by others special causes of loss policy form insurance definition of Specifications defination of of Technical Societies reference to precedence Standards and Specifications of Technical Societies Starting Construction Before Starting the Work Stop or Suspend Work by CONTRACTOR by OWNER 8 8 Storage of materials and equipment Structural Loading Safety Subcontractor 624 1 6 2) 673 431 72 132 617 92 132 132 562 136 136 331 333 33 2528 24 115 1310 151 41 72 618 Concerning 68 611 definition of 137 delays 123 waiver of rights 611 Subcontractors ingeneral 68 611 Subcontracts required provisions 5 11 6 11 1143 Submittals Applications for Payment 142 Maintenance and Operation Manuals 1412 Procedures 625 Progress Schedules 26 29 Samples 624628 Schedule of Values 26 14 1 Schedule of Shop Drawings and Samples Submissions 26 28 29 Shop Drawings 624628 Substantial Completion certification of 63023 148149 definition of 138 Substitute Construction Methods or Procedures 672 Substitutes and Or Equal Item s 6 7 CONTRACTOR s Expense 67 13 ENGINEERS Evaluation 6 73 Or Equal 6 7 1 1 Substitute Construction Methods EICDC GENERAL CONDITIONS 1910 a (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Temporary construction facilities 41 Article or Paragraph Article or Paragraph Number Number a Procedures Substitute Items Subsurface and Physical Conditions Drawings of in or relamg to ENGTNEERs Review general Limited Reliance by CONTRACTOR Authorized Nonce of Differing Subsurface or Physical Conditions Physical Conditions Possible Contract Documents Change Possible Price andTimes Adjustments Reports and Drawings Subsurface and Subsurface Conditions at the Site Technical Data Supervision CONTRACTOR s responsibility OWNER shall not supervise ENGINEER shall not supervise Superintendence Superintendent CONTRACTORS resident Supplemental costs Supplementary Conditions 672 6712 4212 424 42 422 423 4212 425 426 421 42 4211 422 61 89 92 9132 62 62 1145 definition of 1 39 principal references to 1 10 1 18 2 2 2 7 42 43 51 53 54 5659 511 68 613 74 811 93 910 Supplementing Contract Documents 36 Supplier definition of 1 40 principal references to 3 7 6 5 6 8 6 11 6 20 624 913 1412 Waiver of Rights 6 11 Surety consent to final payment 1412 1414 ENGINEER has no duty to 913 Notification of 10 1 105 152 qualification of 5 1 5 3 Survival of Obligations 634 Suspend Work, OWNER May 13 10 15 1 Suspension of Work and Termination 15 CONTRACTOR May Stop Work or Terminate 155 OWNER May Suspend Work 151 OWNER May Termmate 152 154 Taxes- Payment by CONTRACTOR 6 15 Technical Data Limited Reliance by CONTRACTOR 422 Possible Price and Times Adjustments 426 Reports of Differing Subsurface and Physical Conditions xry 423 Tennmation by CONTRACTOR by OWNER of ENGINEER s employment Suspension of Work in general Terms and Adjectives Tests and Inspections Access to the Work, by others CONTRACTOR s responsibilities cost of 13 4 covering Work prior to Laws and Regulations (or) Nonce of Defects OWNER May Stop Work OWNERS independent testing special required by ENGINEER timely notice required Uncovering the Work, at ENGINEER s request Times Adjusting Change of Contract Computation of Contract Times definition of day Milestones 155 88 151154 82 15 34 Requirements appeals clarifications claims and disputes 911 Commencement of Contract Times Preconstruction Conference schedules Starting the Work Title Warranty of Uncovering Work Underground Facilities Physical Conditions definition of Not Shown v Indicated protection of Shown or Indicated Unit Price Work claims definition of generall1 9 14 1 14 5 Unit Prices general 11 3 1 132 135 136137 135 131 13 10 134 96 134 138139 66 12 l72 1 12 1722 12 910 16 11 2 12 23 28 26 29 66 24 143 138139 1 41 432 43 620 431 1193 1 42 Determination for 910 Use of Premises 6 16 6 18 6 30 2 4 Utility owners 6 13 6 20 7 1 7 3 13 2 Utilization Partial 128 5 15 6 30 2 4 14 10 Value of the Work 11 3 Values Schedule of 26 2 8 2 9 141 EICDC C NERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work Minor Authorized 625 627 95 Article or Paragraph Number Visits to Site by ENGINEER 92 Waiver of Claims on Final Payment 14 15 Waiver of Rights by insured parties 5 11 611 Warranty and Guarantee General by CONTRACTOR 630 Warranty of Title CONTRACTORS 143 Work Access to 132 by others 7 Changes in the 10 Continuing the 629 CONTRACTOR May Stop Work or Terminate 155 Coordination of 74 Cost of the I 1 4 115 definition of 1 43 neglected by CONTRACTOR 1314 other Work 7 OWNER May Stop Work 13 10 OWNER May Suspend Work 13 10 151 Related, Work at Site 7 l 7 3 Starting the 24 Stopping by CONTRACTOR 155 Stopping by OWNER 151 154 Variation and deviation authorized minor 36 Work Change Directive claims pursuant to 102 definition of 144 principal references to 3 5 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 13 12 2 1472 Written Clarifications and Interpretations 3 6 3 94 9 11 Written Notice Required by CONTRACTOR 71 9109 11 104 11 2 12 l by OWNER 910911 104112 1314 FICDC GENERAL LOMITIONS 1910 611990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS WV 9/99) 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 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders Sales Prohibited/Conflict of Interest No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered This rule also applies to subcontracts with the City Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By James B O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Rev 10/20/07 Section 00020 Page 5 (This page left blank intentionally) xvi EIDDC GENERAL CONDITIONS 1910 8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) GENERAL F\ 710 Cfl Mama 13 DIN lei I1 1136.1 Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings mdicated which are applicable to both the singular and plural thereof 11 Addenda Written or graphic instruments issued prior to the opening of Bids which clarify correct or change the Bidding Requirements or the Contract Documents 12 Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed other Contract Documents are attached to the Agreement and made a part thereof as provided therein 13 Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or fmal payments and which is to be accompanied by such supporting documentation as Is required by the Contract Documents 14 Asbestos Any material that comams more than one percent asbestos and is finable a is releasing asbestos fibers into the au above current action levels established by the United States Occupational Safety and Health Administration 1 5 Bic —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed 16 Bidding Documents —The advertisement or invitation to Bid instructions to bidders, the Bid form and the proposed Contract Documents (including all Udenda issued prior to receipt of Bids) 17 Bedding Requirements The advertisement or invitation to Bid instructions to bidders, and the Bid form 1 8 Bands —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 pertam to the Contact 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 1910-9 (1990 Edlnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) same are more specifically Identified in the Agreement, together with all Written Amendments Change Orders, Work Change Directives, Field Orders and ENGINEERS written interpretations and clarifications issued pursuant to paragraphs 3 5 3 6 1 and 3 6 3 on or after the Effective Date of the Agreement Shop Dmwmg submittals approved pursuant to paagmphs 6 26 and 6 27 and the reports and drawings referred to in paragraphs 4 2 1 and 4 2 2 are not Contract Documents I ll Contract Pnce—The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contact Documents as stated in the Agreement (subject to the provisions of paragraph 119 1 in the case of Unit Price Work) l 12 Contract Times —The numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion, and (n) to complete the Work so that it is ready for feral payment as evidenced by ENGINEERS written recommendation of final payment in accordance with paragraph 1413 1 13 CONTRACTOR The person, farm or corporation with whom OWNER has entered into the Agreement 1 14 defective —An adjective which when modifying the word Work refers to Weak that is unsatisfactory faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEERS recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14 8 or 14 10) 1 15 Drawings The drawings which show the scope extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defined 116 Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver 117 ENGINEER —The person, fine or corporation named as such in the Agreement 118 ENGINEERS Consultant A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEERS independent professional associate or consultant with respect to the Project and who IS identified as such in the Supplementary Conditions 119 Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9 5 but which does not involve a change in the Contract Price or the Contract Times 120 General Requirements —Sections of Division 1 of the Specifications 121 Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time 122 a Laws and Regulations Laws or Regulations Any and all applicable laws, rules, regulations, ordinances codes and orders of any and all governmental bodies agencies, authorities and courts havmgjunsdiction 122 b Legal Hoh&Ts 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 of Award A written notice by OWNER to the apparent successful bidder stating that upon comphance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified OWNER will sign and deliver the Agreement 1 26 Nonce to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fiwng 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, firin a person with whom CONTRACTOR has entered into the Agreement and for whom the Work its to be provided 128 Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 129 PCBs —Polychlorinated biphenyls 130 Petroleum Petroleum including crude oil a any fraction thereof which its 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 Rackoacave Material —Source special nuclear or byproduct material as defined by the Atomic Energy Act of E1CDC GENERAL CONDITIONS 1910 3 0WO E(bmam) W CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 1954 (42 USC Section 2011 et seq ) as amended from time to time 132 b Regular WorRrng Howl Regular working hours we defined as 7 00am to 6 OOmn unless otherwise Specified in the General Requirements 133 Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof 134 Samples —Physical examples of materials equipment or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 135 Shop Draaangs- All drawings, diagrams dlustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Wok 136 Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto 1 37 Subcontractor An individual firm or corporation hm ing a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a Fart of the Work at the site 138 Substantial Completion The Work (or a specified part thereof) has progressed to the point where in the opinion of ENGINEER as evidenced by ENGINEERS definitive certificate of Substantial Completion, it is sufficiently complete in accordance with the Contract Documents sc that the Work (or specified part) can be utilized for the purposes for which it is intended or if no such certificate is issued when the Work its 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 Conditions —The part of the Contract Documents which amends or supplements these General Conditions 140 Suppker—A manufacturer fabricator supplier distributor materialman o vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor 1 41 Underground Facilities —All pipelines, conduits ducts, cables, wires, manholes vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials electricity gases, steam liquid petroleum products telephone or other communications, cable television sewage and drainage removal, traffic or other control systems or water 142 Umt Price Work —Work to be paid for on the basis of unit prices 143 Work The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing 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 differing or unforeseen physical conditions under which the Wok is to be performed as provided in pamgmph42 or 43 or to emergencies under paragraph623 A Work Change Directive will not change the Contract Price or the Contract Tunes, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be mcorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, of any on the Contract Price or Contract Tames as provided in paragraph 10 2 145 Written Amendment A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengmeering or nontechnical rather than strictly construction related aspects of the Contract Documents ARTICLE 2—PRELIMINARY MATTERS Dehvery of Bonds 21 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to hurrah in accordance with paragraph 5 1 Copies of Documents 22 OWNER shall famish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work Additional copies will be furnished upon request at the cost of reproduction Commencement of Contract Times Notice to Proceed 23 The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or EICDC GENERAL CONDITIONS 19104 (1990 EdNnml w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) if a Nonce to Proceed is given, on the day indicated in the Notice to Proceed A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement In ne wast w4l the 9041MAG; Times Starting the Work 24 CONTRACTOR shall start to perform the Work on the date when the Contract Times 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 Consbaction 25 Before undertaking each part of the Work CONTRACTOR shall carefully study and compare the Contract Documents and check and verify re figures shown thereon and all applicable field measurements CONTRACTOR shall promptly repot in writing to ENGINEER any conflict, error ambiguity or discrepancy which CONTRACTOR may drscover 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 including 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 times for submitting reviewing and processing such submittal 2621 In no case will a schedule be acceptable wluch allows less than 21 calendar days for each review by Emoneer 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 parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work 27 Before any Work at the site is started, CONTRACTOR end-OkW shall each deliver to the other OWNER, with copies to MobInvited identified +a the Supplementary Conditio ENGINEER certificates of insmrance (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5 " c <�- w.ro < Preconsimetion Conference 28 Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2 6 procedures for handling Shop Drawings and other submittals processing Application for Payment and maintaining required records Initially Acceptable Schedales 29 Unless otherwise provided in the Contract Documents o lass, les 10C..�...� L� f the first Appl4a an-fer�e}w tt before anv work at the site beams, a conference attended by CONTRACTOR ENGINEER and others as desuinated by OWNER will be held to review orafraacpceeptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 26 and Division 1 General Requirements CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Tunes, but such acceptance will neither impose on ENGINEER responsibility for the sequeremg, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTORS full responsibility therefor CONTRACTORS schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTORS schedule of values will be acceptable to 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 is as binding as if called for by all The Contract Documents will be construed in accordance with the law of the place of the Project 32 It is the intent of the Contract Documents to EICDC OENERAL CONDITIONS 1910 a (199011dlom) w! CITY OF PORT COLLINS MODIFICATIONS (REV 42000) describe a functionally complete Project (or part thereol) to be constructed in accordance with the Contract Documents Any Work, materials or equipment that may reasonably be Inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for When words or phrases which have a well known technical or construction industry or trade meaning are used to describe Work materials or equipment, such words or phrases shall be interpreted in accordance with that meaning Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9 4 33 Reference to Standards and Specifications of Technical Societies Reporting and Resolving Discrepancies 33 1 Reference to standards specification manuals or codes of any technical society organization or association, or to the Laws or Regulations of any governmental authority whether such reference be specific or by implication, shall mean the latest standard specifcabon, manual code or Laws or Regulations in effect at the time of opening of Bids or on the Effective Date of the Agreement if there were no Bids) except as may be otherwise specifically stated in the Contract Documents 332 If, during the performance of the Work CONTRACTOR discovers any conflict, error ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification manual or code or of any Instruction of any Supplier referred to In paragraph 6 5 CONTRACTOR shall report it to ENGINEER in writing at once and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 623) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3 5 or 3 6 provided, however that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error ambiguity a discrepancy unless CONTRACTOR knew or reasonably should have known thereof 3 3 3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragmph 3 5 or 36 the provisions of the Contract Documents shall take precedence in resolving any conflict error ambiguity or discrepancy between the provisions of the Contract Documents and 3 3 3 1 the provisions of any such standard specification manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) or 3 3 3 2 the provisions of 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 an} such standard, specification, manual code or instruction shall be effective to change the duties and responsibilities of OWNER CONTRACTOR or ENGINEER, or any of their subcontractors, consultants agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER ENGINEER or any of ENGINEERS Consultants, agents or employees any duty or authority to supervise or direct the fumishmg or performance of the Work or any duty or authority to undertake responsibility mconsistent 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 approaed or terms of like effect or import are used, or the adjectives reasonable suitable acceptable proper or satisfactory or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the IN ork it is intended that such requirement direction, review or judgment will be solely to evaluate in general the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise) The use of any such tern or adjective shall not be effective in 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 Amenrbng and Supplementutg Contract Documents 35 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways 35 1 a formal Wntten Amendment, 3 5 2 a Change Order (pursuant to paragraph 10 4) or E1CDC GENERAL CONDITIONS 1910-8 (1990 Edmm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 3 5 3 a Work Change Directive (pursuant in paragraph 101) 36 In addition, the requirements of the Contract Documents may be supplemented, and mmor variations and deviations in the Work may be authorized in one or more of the following ways 36 1 A Field Order (pursuant to paragraph 9 5) 3 6 2 ENGINEER s approval of a Shop Drawing or Sample (pursuant to paragraphs b 26 and 6 27) or 3 6 3 ENGINEERs written interpretation or clanfication (pursuant to paragraph 9 4) Reuse ofDoeuments 37 CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furrushing any of the Work under a direct or indirect contract with OWNER (i) shall not have or dcquae 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 (n) shall not reuse any of such Drawings Specifications other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4- AVAILABILITY OF LANDS SUBSURFACE AND PHYSICAL CONDITIONS REFERENCE POINTS Availability of Lands 41 OWNER shall furnish, as indicated m the Contract Documents the lands upon which the Work its to be performed, nghts f way and easements for access thereto and such other lands which are designated for the use of CONTRACTOR O TIED "ll ftm9h ONT➢ACT-O . tL _ _� lands upon whwh the W�k is te be pfffemed and ieftee of_ r ._.. ,. _..L,._._ _ i e.. .. ..L .._a.. of iteeefdanee with applimble Laws OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with winch CONTRACTOR will have to comply in performing the Work Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER unless otherwise provided in the Contract Documents If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNERs fum>_dung these lands, rights -of way or easements, CONTRACTOR may make a claim therefor as provided in Articles I and 12 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment 42 Subsurjce andPhyacal Conr6hons 4 2 1 Reports and Drawings Reference is made to the Supplementary Conditions for Identification of 421 1 Subsurfce Combbons 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 421 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 422 Limited Reliance by CONTRACTOR Authon ed Technical Data CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but such reports and drawings are not Contract Documents Such technical data is identified 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 4 2 2 2 other data interpretations opinions and information contained in such reports or shown or indicated in such drawings or 4223 any CONTRACTOR interpretation of or conclusion drawn from any technical data or any such data interpretations, opinions or information 4 2 3 Nonce of Deering Subsurface or Physical Conchhons If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either 4 2 3 1 is of such a nature as to establish that any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2 1 and 4 2 2 is materially inaccurate or 4 2 3 2 is of such a nature as to require a change in the Contract Documents or 4 2 3 3 differs materially from that shown a EJ C GENERAL CONDITIONS 1910-8 (1990 Edmim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) indicated in the Contract Documents, or 4234 is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents then CONTRACTOR shall pfemptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph623) notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so 4 2 4 ENGINEER s Review ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER s obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEERS findings and conclusions 425 Possible Contract Documents Change If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4 2 3 a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change 426 Possible Price and Times A4ustments An equitable adjustment in the Contract Rine or in the Contract Times, or both will be allowed to the extent that the existence of such uncovered a 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 l such condition must meet any one or more of the categories described in paragraphs 4 2 3 1 through 4 2 3 4 inclusive 4262 a change in the Contract Documents pursuant to paragraph 4 2 5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment, 4263 with respect to Work that is paid for on a Unit Price Basis, anv 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 examination, investigation exploration test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTORS making such final commitment or 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 Rice a Contract Times, a clan may be made therefor as provided in Articles 1 l 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 4.3 Physical Conrhaons—Underground Facahnes 43 1 Shown orinabcated The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data f inushed to OWNER a ENGINEER by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions 4 3 1 1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data and 43 12 The cost of all of the following will be included in the Contract Rice and CONTRACTOR shall have full responsibility for (I) reviewing and checking all such information and data, (it) locating all Underground Facilities shown or indicated in the Contract Documents,(ur) coordmmion of the Work with the owners of such Underground Facilities during construction, and (w)the safety and protection of all such Underground Facilities as provided in paragraph 620 and repairing any damage thereto resulting from the Work 4 3 2 Not Shown or Indicated If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Doctmlents, CONTRACTOR shall, premf*b Immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6 23) identify the owner of such Underground Facility and EICDC GENERAL CONDITIONS 1910-8 (1990 E(Ilnm) w/ CITY OF FORT COLT INS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent if any to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences During such time CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 620 ( ONTRACTOR 4" may be allowed an increase in the Contract Rice or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 However OWNER ENGINEER and ENGINEERS Consultants shall not be liable to CONTRACTOR for any clams, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or 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 a 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 A5 Asbestos PCBs Petroleum Hazardous Waste or Radioactive Material 45 1 OWNER shall be responsible for any Asbestos PCBs, Petroleum Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications 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 51 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 Boils 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 as are required by the Supplementary Conditions All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureum on Federal Bonds and as Acceptable Remsurmg Companies as published in Circular 570 (amended) by the Audit Staff Bureau of Government Financial Operations, L7 S 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 right to do business B terminated many state where any part of the Project is located or it ceases to meet the requirements of paragraph 5 1 CONTRACTOR shall within ten days thereafter substitute another Bond and surety both of which must be acceptable to OWNER 53 Licensed Surehes and Insurers Cemficates of Insurance 5 3 1 All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the lunsdicbon in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions 5 3 2 CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 54 OlIglRB shall MIN— with Gapasg te ....L oyalaaas of .......mm a F� a 4vA L¢/ 11LrTD A!`T/1D ei: any ether addAtenal paragraphs 5 6 and 5 7 hereof E1CDC GENERAL CONDITIONS 1910 a (1990 Edmm) wl CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) CONTRACTOR s Lmbthfy Insurance 54 CONTRACTOR shall purchase and mamam such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from clans set forth below which may arise out of or result from CONTRACTORS performance and furnishing of the Work and CONTRACTORS other obhgations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work or by anyone for whose acts any of them may be liable 5 4 1 claims under workers compensation, disability beriefits and other similar employee benefit acts 542 clams for damages because of bodily injury occupational sickness or disease or death of CONTRACTOR s employees 5 4 3 clams for damages because of bodily injury sickness or disease or death of any person other than CONTRACTOR s 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 arising out of the ownership maintenance or use of any motor vehicle The policies of insurance so required by this paragraph 5 4 to be purchased and maintmned shall 5 4 7 with respect to insurance required by paragraphs � 4 3 through 5 4 6 inclusive and 5 4 9 include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER ENGINEER, ENGINEERS Consultants and any other persons or entities identified in the Supplementary Conditions all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional msureds 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 EICDC GENERAL CONDITIONS 1910-8 (1990 Edihw) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 5 410 include contractual liability insurance covering CONTRACTORs indemnity obligations under paragraphs 6 12 6 16 and 6 31 through 6 33 5 4 11 contain a provtnon or endorsement that the coverage afforded will not be cancelled materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5 3 2 will so provide) 5 4 12 remain in effect at least until final payment and at all tunes thereafter when CONTRACTOR may be correcting removing or replacing defective Work in accordance with paragraph 13 12 and 5 413 with respect to completed operations insurance and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall fumish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter) OWNER s Liabihry Insurance 5 � In addition to insurance required to be provided by CONTRACTOR under paragnrph54 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 SECTION 00100 INSTRUCTIONS TO BIDDERS � 9 OWNER shall not be responsible for purchasing and mamtammg any property insurance to protect the interests of CONTRACTOR Subcontractors or others i dw rv...t.._ vitent of any d_a etible .. Hale of t.........a._....,.L .a__se,t a,.a. _..ue.,�,.. t ibe bem m-n—g any suall !am and if any coverage wrium the irrvattq of stielT a- ..&�rals' each may t 0 EXEC GENERAL CONDITIONS 1910 8 GI Edit,.) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/ 000) Receipt andApphcahon of Insurance Proceedx 5 12 Any insured loss under the policies of insurance required by paragraphs 5 6 and � 7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear subject to the requirements of any applicable mortgage clause and of paragraph 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 ^-a if ___ Fed ._ waung L. any ^ as fid . shall g � OWNER .L^ Acceptance of Bonds and Insurance Ophon to Replace 514 If ether party (OkWiT0 __ CONTRACTOR OWNER has any objection to the coverage afforded by or other provisions of the Beadser insurance required to be purchased and maintained by the CONTRACTOR in accordance with Article 5 on basis of nonconformance with the Contract Documents the ebjeetmg party "R so notify the ether Party OWNER will ratify CONTRACTOR in writing within tea fifteen days after FamapE delivery of the certificates 4 ether-ewdeme requested) to OWNER as required by paragraph 2 7 Le. m ..L ., as .. Partial f/hhrnhon—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 19104 (1990 Eddimi wi CITY OF FORT COLLINS MODIFICATIONS (REF 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 andSupenntendenee 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 spectfication 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 times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances The superintendent will be CONTRACTORS representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor Materwls and Equipment 63 CONTRACTOR shall provide competent suitably qualified personnel to survey lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all tunes maintain goad discipline and order at the site Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto and except as otherwise indicated in the Contract Documents all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday Sunday or any legal holiday without OWNERS written consent given after prior written notice to ENGINEER CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday. Sunday. Holidays or outside the Regular WorkmgHours II 64 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor transportation construction equipment and machinery tools, appliances, fuel, power light heat telephone water sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing performance testing start up and completion of the Work 641 Purchasing Restrictions CONTRACTOR must comply with the Cites purchasing restrictions 4 copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the Citv Clerks office 642 Cement Restrictions City of Fort Collins Resolution 91 121 requires that suppliers and producers of cement or products contavung cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel 65 All materials and equipment shall be of good quality and new except as otherwise provided in the Contract Documents All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment All materials and equipment shall be applied, installed connected erected used cleaned and conditioned in accordance with instructions of the applicable Supplier except as otherwise provided in the Contract Documents Progress Schedule 66 CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2 9 as it may be adjusted from time to time as provided below 661 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in pamgmph29) 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 change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12 1 Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12 67 Substdutesand Or Equal Item& 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 time of a particular Supplier the specification or description is intended to establish the type function and quality required Unless the specification or description l2 EICDC GENERAL CONDITIONS 19108(1990 EdAnm) w/ Cl rY OF FORT COLLINS MODIFICATIONS (REV 42000) contains or is followed by words reading that no like equivalent or or equal item or no substitution is penmtfe t, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances 6711 'Or Equal If in ENGINEERS sole discretion an item of material or equipment proposed by CONTRACTOR is fimctionally equal to that named and sufficiently similar so that no change in related Work will be required, it may he 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 is essentially equivalent to that named and an acceptable substitute therefor The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general desigri, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTORS achievement of Substantial Completion on time whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty All variations of the proposed substitute from that specified will be identified in the application and available maintenance repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute ENGINEER may require CONTRACTOR to fumish additional data about the proposed substitute 6 7 13 CONTRACTOR s Expense All data to be provided by CONTRACTOR in support of any proposed or -equal or substitute item will be at CONTRACTOR s expense 672 Substitute Construction Methods or Procedures If a specific means method technique sequence or procedure of construction is shown 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 deternme that the substitute proposed is equivalent to that expressly called for by the Contract Documents The procedure for review by ENGINEER will be similarto that provided in subparagmph 6 7 12 673 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 acceptability No or -equal or subshmte wdl 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 in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEERS Consultants for evaluating each such proposed substitute item 6.g Concerning Subcontractors Suppliers and Others 6 8 1 CONTRACTOR shall not employ any Subcontractor Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6 8 2) whether initially or as a substitute against whom OWNER or ENGINEER may have reasonable objection CONTRACTOR shall not be required to employ airy Subcontractor Supplier a other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection E]CDC GENERAL CONDITIONS 1910-8 (1990 Mdnm) wr CITY OF FORT COLLINS MODIFICATIONS (REV 02000) 6.9 CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting T) he 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price 682 if the Supplementary ganditlem BBi Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to famish the principal items of materials or equipment) to be submitted to OWNER in dva.c- -Ylh h-- s-p---a--d dais prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEERS -if CONTRACTOR has submitted a list thereof OWNERS or ENGINEERS acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or organization on the Work unless prior written approval is obtained from OWNER and ENGINEER No acceptance by OWNER or ENGINEER of any such Subcontractor Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work 6 9 1 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTR4CTORs 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 am subcontractor supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTORS Applications for Payment 13 692 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organirations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furmshmg 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 Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER Patent Fees and Royalties 612 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention design, process product or device which Is the subject of patent rights or copyrights held by others If a particular invention, design, process, product or device is speufied in the Contract Documents For use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such tights shall be disclosed by OWNER in the Contract Documents To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultants and the officers directors, employees, agents and other consultants of each and any of them from and against all claims, costs losses and damages arising out of or resulting from any infringement of patent tights or copynghts madent to the use in the performance of the Work or resulting from the mcorporation in the Work of any invention, design process, product or device not specified in the Contract Documents 14 EJCDC GENERAL. CONDITIONS 191M (1990 ENnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4n000) Pennds 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 pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 614 LawsandRegulahona 6 14 1 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTORS comphance with any Laws or Regulations 6 14 2 If CONTRACTOR perfomis any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by ansing out of or resulting therefrom however it shall not be CONTRACTORS primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations but this shall not relieve CONTRACTOR of CONTRACTORS obligations under paragraph 3 3 2 Taxes 615 CONTRACTOR shall pay all sales, consumer use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project wluch are applicable during the performance of the Work 6 15 1 OWNER is exempt from Colorado State and local sales and use taxes on materials to be cermanently "I' momted into the project Said taxes shall rwt be included ui 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 Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption All applicable Sales and Use Taxes (including. State collected taxes) on any items other than construction and building materials physically mcorporated into the protect are to be raid by CONTRACTOR and me to be included in appropriate bid items Use of Prenuses 616 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations rights -of way permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting Emu 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 hold harmless OWNER, ENGINEER, ENGINEERS Consultant and anyone directly or indirectly employed by any of them from and against all clans, costs, losses and damages arising out of or resulting from any clamp or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party mdemnified hereunder to the extent caused by or based upon CONTRACTOR s performance of the Work 617 During the progress of the Work CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools appliances, construction equipment and machinery and surplus materials CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents 618 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it Record Documents E1CDC GENERAL CONDITIONS 1910-8 (1990 Edam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 619 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clanfications (issued pursuant to paragraph 9 4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER Safety and Protection 620 CONTRACTOR shall be responsible for mitiatmg, manntaming and supervising all safety precautions and programs in connection with the Work CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage injury or loss to 6 20 1 all persons on the Work site or who may be affected by the Work 6 20 2 all the Work and materials and equipment to be incorporated thereto, whether in storage on or off the site and 6 20 3 other property at the site or adjacent thereto including trees, shrubs, lawns, walks pavements, roadways structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage injury or loss and shall elect and maintain all necessary safeguards for such safety and protection CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection removal relocation and replacement of then property All damage injury or loss to any property referred to in paragraphs 6 20 2 pr 6 20 3 caused. directly or indirectly in whole or in part, by CONTRACTOR, any Subcontractor Supplier or any other person or orgamzanon directly or indirectly employed by any of them to perform or furtush any of the Work or anyone for whose acts any of them may be liable shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or 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 mdmectly 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 andresponsnbditis for the safety and protection of the Work shall continue until Such tame as all the Work is completed and ENGINEER has issued a a nonce 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) &21 Safety Representative CONTRACTOR shall designate a quahfied and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs Hazard Communication Programs 622 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other ha=d 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 detemunes 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 624 Shop DrawmgsandSamples 6241 CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2 9) All submittals will be identified as ENGINEER may require and in the number of copies specified m the General Requirements The data grown 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 rev lew and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals Each Sample will be identified clearly as to material, Supplier pemnent data such as catalog numbers and the use for which intended and otherwmse as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 EICDCGENERAL CONDITIONS 191"(1990 EdWm) w/ OTY OF FORT COLLINS MODIFICATIONS MEV 4/2000) purposes required by paragraph 626 The numbers of each Sample to be submitted will be as specified in the Specifications 625. Submittal Procedures 6 25 1 Before submitting each Shop Drawing or Sample CONTRACTOR shall have determined and verified 62511 all field measurements, quantities dinertsons, specified performance criteria installation requireinents, materials, catalog numbers and similar mformation with respect thereto 62512 all materials with respect to intended use fabrication shipping handling storage assembly and installation pertaining to the performance of the Work, and 62513 all mforination 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 sansfied CONTRACTORS obligations under the Contract Documents with respect to CONTRACTORS review and approval of that submittal 6 25 3 At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations if any that the Shop Drawing or Sample submitted may have Gom the requirements of the Contract Documents such notice to be in a written communication separate from the submittal and in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 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 mcorpomtion 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 incident thereto The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attention in writing to revisions other than the corrections celled 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 rotation thereof incorporated in or accompanying the Shop Drawing or Sample approval nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6 25 1 628 Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 29 any related Work performed prior to ENGINEERS review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing Ike 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 or as OWNER and CONTRACTOR may otherwise agree in writing 6.30 CONTRACTOR s General Warranty and Guarantee 6 30 1 CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEERS Consultants that all Work will be in accordance with the Contract Documents 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 EICDC GENERAL CONDITIONS 19104 (1990 E(lition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) accordance with the Contract Documents a a release of CONTRACTORS obligation to perform the Work in accordance with the Contract Documents 63021 observations by ENGINEER 63022 recommendation of any progress or final payment by ENGINEER 63023 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents 63024 use or occupancy of the Work or any part thereof by OWNER 63025 any acceptance by OWNER or any failure to do so 63026 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 1413 63027 any inspection, test or approval by others or 6 30 2 8 any correction of defective Work by OWNER lndemnrficanon 631 To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultants and the officers, directors, employees agents and other consultants of each and any of them from and against all claims, costs, losses and damages (Including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by ansmg out of or resulting from the performance of the Work provided that any such claim cost, loss or damage (I) is aunbutable to bodily injury, sickness disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (it) is caused in whole or in par by any negligent act or omission of CONTRACTOR, any Subcontractor any Supplier any person or organization directly or indirectly employed by any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable regardless of whether or not caused in part any negligence or omission of a person or entity indemn led hereunder or whether liability 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 clams against OWNER or ENGINEER or any of their respective consultants agents, officers directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor any Supplier any person or orgarizrtion directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable the indemnification obligation under paragraph 631 shall not be limited in any way by any limitation on the amount or type of damages compensation or benefits payable by or for CONTRACTOR or any such Subcontractor Supplier or other person or organization under workers compensation acts disability benefit acts or other employee benefit acts 633 The indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the liability of ENGINEER and ENGINEERS Consultants, officers, directors employees or agents caused by the professional negligence errors or omissions of any of them Survival ofObligahona 634 All representations indemnifications, warranties and guarantees made m, required by or given in accordance with the Contract Documents, as well as all contra 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 Sae 71 OWNER may perform other work related to the Project at the site by OWNERS own forces or let other direct contracts therefor wluch 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 (u) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof 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 property connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work CONTRACTOR shall not endanger any work of others by cutting excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 18 EICDCGENERAL CONDITIONS 191043(1990 Edmm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors 73 If the proper execution or results of any part of CONTRACTORS Work depends upon work performed by others under this Article 7 CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTORS Work CONTRACTORS failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTORS work except for latent or nonapparent defects and deficiencies in such other work Cooreknation 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 prime contractors will be identified, 742 the specific matters to be covered by such authority and responsibility will be Itemized and 743 the extent of such authority and responsibilities will be provided Unless otherwise provided in the Supplementary Conditions OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8- OWNER S RESPONSIBILITIES 8 1 Except as otherwise provided in these General Conditions OWNER shall issue all communications to CONTRACTOR through ENGINEER 82 In case of termination of the employment of ENGINEER OWNER shall appoint an engineer against whose status under the Contract Documents shall be that of the former ENGINEER 83 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided 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 85 F.S.Ponabakties _ Fespeat „f...._,.h..s _.. 86 OWNER is obligated to execute Change Orders as indicated in paragraph 10 4 87 OWNERs responsibility in respect of certain inspections tests and approvals is set forth in paragraph 13 4 88 In connection with OWNERS right to stop Work or suspend Work we paragraphs 13 10 and 15 1 Paragraphl52 deals with OWNERS tight to terminate services of CONTRACTOR under certaincircumstances 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 mcident thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furishing or performance of the Work OWNER will not be responsible for CONTRACTORs failure to perform or famish the Work in accordance with the Contract Documents ARTICLE 9—ENGINEER S STATUS DURING CONSTRUCTION OWNER s Represenlative 91 ENGINEER will be OWNERS representative during the construction period The duties and responsibilities and the limitations of authority of ENGINEER as OWNERS representatrvo during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Visits 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 EICDC GENERAL CONDITIONS 19104 (1990 Ethhm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 40000) that has been made and the quality of the vanous aspects of CONTRACTORS executed Work Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determme in general if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on site inspections to check the quality or quantity of the Work ENGINEERS efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents On the basis of such visits and on site observations ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against ckfective Work ENGINEERS visits and on site observations are subject to all the limitations on ENGINEERS authority and responsibility set forth in paragraph 9 13 and particularly but without limitation, during or as a result of ENGINEERS on site visits or observations of CONTRACTORS Work ENGINEER will not supervise direct control or have authority over or be responsible for CONTRACTORS means, methods techniques, sequences or procedures of construction, or the safety precautions and programs mcident thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnislung or performance of the Work Project Represenmhve 93 If OWNER and ENGINEER agree ENGINEER will furmsh 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 pamgraphs 9 3 and 913 and in the Supplementary F,endHiens of these General Conditions If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERS Consultant, agent or employee the responsibilities and authority and limitations thereon of such other person will be as provided in paragraph 93 931 The Representatives dealings in matters pertaining to the on -site work will, in general, be with the ENGINEER and CONTRACTOR But, the Representative will keep the OWNER properly advised about such matters The Representatives dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR 932 Duties and Responsibilities Remesentative will 9321 Schedules Review the progress IM 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 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability 9 3 2 2 Conferences and Meetmg Attend meeting with the CONTRACTOR such as preconstructlon conferences progress meetmgs and other job conferences and prepare an_d circulate comes of mmutes of meetings 9323 Lmison 93231 Serve as ENGINEERS hmson with CONTRACTOR, working pnncipelly through CONTRACTORS supenmendent m assist the CONTRACTOR m understandme the Contract Documents 93232 Assist in obtammg from OWNER additional details or mformatiorn when regwred for proper execution of the Work 9 3 2 3 3 Advise the ENGINEER and CONTRACTOR of the commencement of any Work requw= a Shoo Drawing or sample submission if the submission has not beeri 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 m progress to assist the ENGINEER in determining that the Work is moceedmg in accordance with the Contract Documents 93243 Accompany visNne inspectors representing public or other aeencies having junsdior over the Proiec[ record the results of these inspections and report to [he ENGINEER 9325 Interpretation of Contract Documents Report to ENGINEER when clarifications and interpretations of the Comma Documents are needed and transmit to CONTRACTOR clanfication and mteroretation of the Contract Documents as issued by the ENGINEER 9326 Modifications Consider and evaluate CONTRACTORS suggestions for EJCDCGENERAL CONDITIONS 1910 S (1990 ENhm) 20 w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawmgs or Specificatjons and report these recommendations to ENGINEER Accurately tra umt to CONTRACTOR decisions Issued by the ENGINEER 9 3 2 7 Records 9 3 2 8 Reports 9 3 2 8 1 Fumish ENGINEER periodic reports. as reati ed of the progress of the Work and of the CONTRACTORS compliance wash the prowess schedule and schedule of.. shop Dmwmg and sample submittals 9 3 2 8 2 Consult with ENGINEER m advance of scheduling major tests, mspections or start of important phases of the Work 93283 Draft proposed Chance Orders and Work Directive Changes, obtammg backup material from the CONTRACTOR and recommend to ENGINEER Chance Orders, Work.. Directive Changes and field orders 93284 Report immediately to ENGINEER and OWNER the occurrence of any accident 9329 Payment Requests Review applications I - payment with l ONTRACTOR for compliance with the established procedure for thew submission and forward with recommendation to ENGINEER noting oanicularly 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 9 3 2 10 Completion 932101 Before ENGINEER Issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items requame correction or completion 932102 Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR and aepare s final list of items to be corrected or completed 932103 Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance 933 Lunitation of Authority The Representative shall not 9 3 3 1 Authorize any deviations from the Contract Documents or accept any substitute matenals or equipment unless authorized by the ENGINEER 9 3 3 2 Exceed limitations of ENGINEERS authority as set forth in the Contract Documents 9 3 3 3 Undertake any of the responsibilities of the CONTRACTOR Subcontractors or CONTRACTOR S superintendent 9334 Advise on or issue directions relative to, or assume control over any ascect of the means methods, techmwes, sequences or procedures for construction unless such >s specifically called for in the Contract Documents 9 3 3 5 Advise on or issue directions regarding or assume control of er safety aecauuons and proamms in connections with the Work 9 3 3 6 Accent Shop Drawings or sample submittals from anyone other than the CONTRACTOR 9 3 3 7 Authorize OWNER to occupy the Work in whole a in Part 9338 Participate in specialized field or labomtory tests or inspections conducted by others except as specifically authorized by the ENGINEER Ctanfcahons and Interpretations 94 ENGINEER will issue with reasonable promptness such written clarifications or mterpretanons of the EICDC GENERAL CONDITIONS 19104 (1990 E bt..) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determme 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 clznfication or interpretation justifies an adjustment in the Contract Price or the Contract Tines and the parties are unable to agree to the amount or extent thereof if any OWNER or CONTRACTOR may make a written clam therefor as provided in Article 1 I or Article 12 Authorized I ariahons in Work 95 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as mdicated 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 Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof OWNER a 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 conforms to the Contract Documents or that will prejudice the mtegnty 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 mspecnon or testing of the Work as provided in paragraph 13 9 whether or not the Work is fabricated, installed or completed Shop Drawings Change Orders and Payments 97 In connection with ENGINEERS authority as to Shop Drawings and Samples, we paragraphs 6 24 through 6 28 inclusive 98 In connection with ENGINEERS authority as to Change Orders, we Articles 10 11 and 12 99 In connection with ENGINEERS authority as to Applications for Payment we Article 14 Determinations jar Unit Prices 910 ENGINEER will determine the actual quantities and classifications of Unit Price Work perforated by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEERs preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise) ENGINEERS written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEERS decision and (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 (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 Deamons on Dtsputes 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 Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph Written notice of each such claim dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such clam dispute or other matter The opposing party 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 clam dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless (i) an appeal from ENGINEERS decision is taken within the time limits and in accordance with the procedures set forth in EXHE3IT GC A, Dispute ResolutionAgreement entered into between OWNER and CONTRACTOR pursuant to Article 16 or (it) if no such Dispute Resolution Agreement has been entered into a written notice of intention to appeal from ENGINEERS written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such ErCDC GENERAL CONDITIONS 1910 a (1990 Emam) 22 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) dectuon, unless otherwise agreed in writing by OWNER and CONTRACTOR 912 When functioning as interpreter and judge under paragraphs q 10 and 9 11 ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good taith in such capacity The rendering of a decision by ENGINEER pursuant to paragraphs 9 10 or 911 with respect to any such claim dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14 15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such clam dispute or other matter-purSaen"o Aotick-46 913 Limitations on ENGINEER s Authority and Responabthhes 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 to CONTRACTOR, any Subcontractor any Supplier any other person or organization, or to any surety, for or employee or agent of any of them 9 13 2 ENGINEER will not supervise direct, control or have authority over or be responsible for CONTRACTORS means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work ENGINEER will not be responsible for CONTRACTORS failure to perform or furnish the Work in accordance with the Contract Documents 9 13 3 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor any Suppher or of any other person or organization performing or furnishing any of the Work 9 13 4 ENGINEER s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection tests and approvals and other documentation required to be delivered by paragraph 1412 will only be to determine generally that their content complies with the requirements of and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents 9 13 5 The limitations upon authority and responsibility set forth in this paragraph 913 shall also apply to ENGINEERS Consultants, Resident Project Representative and assistants ARTICLE 10—CHANGES IN THE WORK 101 Without invalidating the Agreement and without notice to any surety OWNER may at any time or from time to time order additions deletions or revisions in the Work Such additions, deletions or revisions will be authorized by a'Aritten Amendment, a Change Order or a Work Change Directive Upon receipt of any such document CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) 102 If OWNER and CONTRACTOR are unable to agree as to the extent, if any of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive a claim may be made therefor as provided in Article 11 or Article 12 103 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Trines with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3 5 and 3 6 except in the case of an emergency as provided in paragraph 6 23 or in the case of uncovering Work as provided in paragraph 13 9 104 OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering 1041 changes in the Work which we (1) ordered by OWNER pursuant to paragraph 10 1 (u) required because of acceptance of defective Work under paragraph 13 13 or correcting defective Work under paragraph 13 14 or (m) agreed to by the parties 1042 changes in the Contract ]rice or Contract Times which are agreed to by the parties and 1043 changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9 11 provided that in lieu of executing any such Change Order an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents: and applicable Laws and Regulations, but during any such appeal CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6 29 105 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents E1CDC GENERAL CONDITION61910-8 0990 Ediam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) (mcludrng 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 CONTRACTORS responsibdtty, and the amount of each applicable Bond will be adjusted accordmgly ARTICLE 11—CHANGE OF CONTRACT PRICE 11 1 The Contract Price constitutes the total compensation (subject to authonzed adjustments) payable to CONTRACTOR for Performing the Work All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTORs expense without change in the Contract Price 112 The Contract price may only be changed by a Change Order or by a Written Amendment Any claim 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 diaty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the clan Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for clai nant to submit additional or more accurate data in support of the clam) and shall be ai,compamed by claimants written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 911 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved No clam for an adjustment in the Contract Puce will be valid if not submitted in accordance with this paragraph 112 113 The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows 113 1 where the Work involved is covered by unit pnces contained in the Contract Documents by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11 9 1 through 119 3 inclusive) 11 32 where the Work involved is not covered by unit prices contained in the Contract Documents by a mutually agreed payment basis including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 116 2) 113 3 where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 113 2 on the basis of the Cost of the Work (determined as provided in paragraphs 114 and 11 5) plus a CONTRACTORS fee for overhead and profit (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 incurred and paid by CONTRACTOR in the proper performance of the Work Except as otherwise may be agreed to in writing by OWNER such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 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 security contributions, unemployment, excise and payroll taxes, workers compensation, health wW retireinenE benefits applicable thereto The expenses of performing Work after regular working hours on Saturday Sunday or legal holidays shall be included in the above to the extent authorized by OWNER 11 4 2 Cost of all materials and equipment furnished and mwrporated in the Work mcludrng costs of transportation and storage thereof and Suppliers field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER All trade discounts rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions SO that they may be obtained 1143 Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors If required by OWNER 24 EICDC GENERAL CONDITIONS 1910-8 (1990Edmm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER which bids, if any will be accepted If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTORS Cost of the Work and fee as provided in paragraphs 114 l l 0 116 and 11 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 1145 Supplemental costs including the following 11451 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTORS employees m erred in discharge of duties connected with the Work 11412 Cost including transportation and maintenance of all materials, supplies, equipment, machinery appliances office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 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 for which CONTRACTOR is liable imposed by Laws and Regulations 11455 Deposits lost for causes other than negligence of CONTRACTOR any Subcontractor or anyone directly or mdrrectly 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 furtushing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5 9) provided they have resulted from causes other than the negligence oC CONTRACTOR, any SUbComractor or anyone directly or mdrrectly employed by any of them or for whose acts any of them may be liable Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTORS fee If however any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof CONTRACTOR shall be paid for services a fee proportionate to that stated inparagraph 116 2 11457 The cost of utilities, fuel and sanitary facilities at the site 11458 Minor expenses such as telegrams long distance telephone calls, telephone service at the site expressage and similar petty cash items in connection with the Work 11459 Cost of premiums for additional Bonds and insurance required because of changes in the Work 115 The term Cost of the Work shall not include any of the following 1151 Payroll costs and other compensation of CONTRACTORS officers executives, principals (of partnership and sole proprietorships) general managers 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 job classifications referred to in paragraph 114 1 or specifically covered by paragraph 114 4a11 of which are to be considered administrative costs covered by the CONTRACTORS fee 1152 Expenses of CONTRACTORS principal and branch offices other than CONTRACTORS office at the site 11 5 3 Any Fart 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 5 9 above) EJCDC GENERAL CONDITIONS 191041 (1990 E(mm) W CITY OF FORT COLLINS MODIFICATIONS (REV 4P1000) 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 defective 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 I 1 4 116 The CONTRACTORS fee allowed to CONTRACTOR for overhead and profit shall be determined as follows 116 1 a mutually acceptable fixed fee or 11 62 if a foxed 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 114 1 and 1142 the CONTRACTORS fee shall be fifteen percent 11622 for costs inured under paragraph 114 3 the CONTRACTORS fee shall be five percent 11623 where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs t 1 4 1 114 2 114 3 and 116 2 is that the Subcontractor who actually performs or furnishes the Work at whatever tier will be paid a fee of fifteen percent of the costs mcured 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 of five li-Feem of the amount paid to to be negotiated in good faith with the OWNER but not to exceed five mercent of the amount paid to the next lower tier Subcontractor 11624 no fee shall be payable on the basis of costs itemized under paragmphs 114 4 114 5 and 11 5 11625 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 11 626 when both additions and credris are involved in any one change the adjustment in CONTRACTORS fee shall be computed on the basis of the net change in accordance with paragraphs 116 2 1 through 116 2 5 inclusive 117 Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 114 and I 1 5 CONTRACTOR will establish and mamtmn records thereof in accordance with generally accepted accounting practices and Submit in form acceptable to ENGINEER an Itemized cost breakdown together with supporting data Cash Allowances 11 8 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that 1181 the allowances Include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes and 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 Unrr Pnce Rork 11 9 1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, wtially 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 tunes 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 vutud Contract Price Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9 10 11 92 Each unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item 1193 OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I if I 1 9 3 1 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 E.ICDC GENERAL CONDITIONS 1910 3 (19 Editicm w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 emitted to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease 11934 CONTRACTOR acknowlednes that the OWNER has the right to add or delete items it the Bid or chance uuantines at OWNERS sole discretion without affectine the Contract Price of am remaimnig item so long as the deletion or addition does not exceed twenty five percent of thermal 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 Witten Amendment Any claim for an adjustment of the Contract Tines (or Milestones) 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 durty, days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim Nonce of the extent of the clam with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the clams) and shall be accompanied by the claimant's written statement that the adjustment claimed Is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragmph9ll if OWNER and CONTRACTOR cannot otherwise agree No claim for an adjustment in the Contract Tines (or Milestones) will be valid if not Submitted in accordance with the requirements of this paragraph 12 1 122 All tine Imtrts slated in the Contract Documents are of the essence of the Agreement 123 Where CONTRACTOR IS prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR the Contract 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 lunited to acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7 fires, floods, epidemics, abnormal weather conditions or acts of Gad Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 124 Where CONTRACTOR Is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or hilestones) in an amount equal to the time lost due to such delay shall be CONTRACTORS sole and exclusive remedy for such delay In no event shall OWNER be liable to CONTRACTOR any Subcontractor any Supplier any other person or organization, or to any surety for or employee or agent of any of them for damages ansng out of or resulting from (1) delays caused by or within the control of the CONTRACTOR or (it) delays beyond the control of both parties including but not limited to fires, floods epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors perform Ing other work as contemplated by Article 7 ARTICLE 13 TESTS AND INSPECTIONS CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 131 Notice of Defects Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected corrected or accepted as provided in this Article 13 Access to [Lark 132 OWNEF ENGfNEER, ENGINEERS Consultants other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable "e 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 andlnspeclions 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 13 4 OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except 1341 for inspections tests or approvals covered by paragraph 13 5 below 1342 that casts incurred in connection with tests or Inspections conducted pursuant to paragraph 13 9 ErCDC GENERAL CONDITIONS 19104 (1990 Edam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) below shall be paid as provided in said paragraph 13 9 and 13 4 3 as otherwise specifically provided in the Contract Documents 135 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected tested or approved by an employee or other representative of such public body CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections tests or approvals pay all costs in connection therewith, and fum[sh ENGINEER the required certificates of inspection, or approval CONTRACTOR shall also be responsible for arranging and obtatmng and shall pay all costs in connection with any Inspections, tests or approvals required for OWNERS and ENGINEERS acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or equipment submitted for approval pnor to CONTRACTORS purchase thereof for incorporation in the Work 136 If any Work (or the work of others) that is to be inspected tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER it must, if requested by ENGINEER, be uncovered for observation 137 Uncovering Work as provided in paragraph 13 6 shall be at CONTRACTORS expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTORS intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice Uncovering Work 139 If any Work is covered contrary to the written request of ENGINEER it must, if requested by ENGINEER be uncovered for ENGINEERS observation and replaced at CONTRACTORS expense 139 If ENGINEER considers 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 in question, fumisfung all necessary labor material and equipment. If it is found that such Work is defective CONTRACTOR shall pay all claims, costs, losses and damages caused by arising out of or resulting from such uncovering exposure observation inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others) and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11 If however such Work is not found to be defective CONTRACTOR shall be allowed an increase in the Contract Pnce or an extension of the Contract Times (or Milestones) or both, directly attributable to such 27 uncovering, exposure observation inspection, testing replacement and reconstruction, and if the parties are unable to agree as to the amount or extent thereof CONTRACTOR may make a claim therefor as provided in Articles II and 12 OWNER May Stop the Work 13 10 If the Work is defective or CONTRACTOR fads to supply sufficient skilled worker or suitable materials or equipment, or fads to furnish a perform the Work in such a way that the completed Work will conform to the Contract Documents OWNER may order CONTRACTOR to stop the Work or any portion thereof until the cause for such order has been eliminated however this right of OWNER to stop the Work shall not give ruse to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party Correction or Removal of Defective Work 13 11 If required by ENGINEER CONTRACTOR shall promptly as directed, either correct all defective Work whether or not fabricated, installed or completed, or if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective CONTRACTOR shall pay all claims costs, losses and damages caused by or resulting from such correction or removal (including but not limited] to all costs of repair or replacement of work of others) 13 12 Correction Penod 13 121 If within one --year two veers after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective CONTRACTOR shall promptly without cost to OWNER and in accordance with OWNERS written instructions (i) correct such defective Work or if it has been rejected by OWNER, remove it from the site and replace it with Work that Ls not defective and (it) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage OWNER may have the defective Work connected 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 to continuous service before Substantial Completion of all the Work the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 13 12 3 Where defective Work (and damage to other EJCDC GENERAL CONDITIONS 1910 d (19%Edmao) 28 .1 CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 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 eaeye two year 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 % CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNERS evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) If any such acceptance occurs prior to ENGINEERS recommendation of final payment a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Price and if the parties are unable to agree as to the amount thereof OWNER may make a claim therefor as provided in Article 11 If the acceptame occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER OWNER May Coned Defective Work 1314 If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13 11 or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents or if CONTRACTOR fads to comply with any other provision of the Contract Documents OWNER may after seven days written notice to CONTRACTOR, correct and remedy any such deficiency In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously In connection with such corrective and remedial action OWNER may exclude CONTRACTOR from all or part of the site take possession of all or part of the Work and suspend CONTRACPORs services related thereto take possession of CONTRACTORS tools, appliances, construction equipment and machinery at the site and mcorMate 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 ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All clams, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Price and if the parties are unable to agree as to the amount thereof OWNER may make a clamp 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 Nhlestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNERS rights and remedies hereunder ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values 141 The schedule of values established w 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 ants completed Application for Progress Payment 142 41 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 therem, all of which will be satisfactory to OWNER The amount of retamage with respect to progress payments will be as stipulated in the Agreement Atry funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship By executing the apphcanon for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes Section 24 91 101. et sea CONTRACTOR s Warranty of Tide 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 Revrew of Applications for Progress Payment 144 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in witting a MCDC GENERAL CONDITIONS 191M (1990 E(awa) w/ CITY OF FORT COLLINS MODIFICATIONS (ttEV 4n000) recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEERS reasons for refusing to recommend payment In the latter case CONTRACTOR may make the necessary corrections and resubmit the Application Ten days after presentation of the Application for Payment to OWNER with ENGINEERS recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14 7) become due and when due will be paid by OWNER to CONTRACTOR 145 ENGINEERS recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER based on ENGINEERS on 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 ENGINEER s knowledge information and belief 14 5 1 the Work has progressed to the point indicated 14 5 2 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9 10 and to any other qualifications stated intherecommendation) and 1453 the conditions precedent to CONTRACTORS being entitled to such payment appear to have been fulfilled insofar as it is ENGINEFRs responsibility to observe the Work However by recommending any such payment ENGINEER will not thereby be deemed to have represented that (1) exhaustive or continuous on site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (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 £or CONTRACTORS means methods techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents 147 ENGINEER may refuse to recommend the whole or any part of any payment if in ENGINEERS opinion, it would be incorrect to make the representations to 29