HomeMy WebLinkAbout102829 DON KEHN CONSTRUCTION - CONTRACT - BID - 7020 DRAKE ROAD WIDENING PROJECT' ■ f OFinancial Services
Purchasing Division
City
F6rt 215 N.Mason St. 2 Floor
Collins
Box 580
Fo Fort Collins, CO 80522
' 970.221.6775
970.221.6707
07
PurChasin§ - fcgov.com/purchasing
ADDENDUM No. 2
SPECIFICATIONS AND CONTRACT DOCUMENTS
' Description of Bid: 7020 Drake Road Widening
OPENING DATE: 3:00 P.M. (Our Clock) March 25, 2009
' To all prospective bidders under the specifications and contract documents described
above, the following changes are hereby made.
' CHANGE:
' I. Revisions to the Project Special Provisions:
A. Revision of Section 203, Excavation and Embankment.
' Eliminate "Borrow -ABC Class 5 or 6 (Complete in Place)" item under the revision
of section 203.01 in the Technical Specifications. Borrow will follow the
specifications as is outlined in Section 203, Excavation and Embankment of the
' Colorado Department of Transportation's Specifications for Road and Bridge
Construction. Borrow to be used during construction will need to be approved
prior to placement and will be paid at a cubic yard unit price.
' Payment for this work will continue to fall under:
Pay Item Pay Unit
' 203-04 Borrow CY
Please contact John D. Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6777 with
any questions regarding this addendum.
' RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN
STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM
HAS BEEN RECEIVED.
I
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by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute. ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
6.7.1.3. CONTRACTOR's Expense: All data to be
provided by CONTRACTOR in support of any
proposed "or-cqual" or substitute item will be at
CONTRACTOR's expense.
6.7.2. 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 famish or utilize a
substitute means, method, technique, sequence or
procedure of.construction acceptable, to ENGINEER.
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents.
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the
sole judge of acceptability. No "or -equal" or
substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop Drawing, OWNER may require
CONTRACTOR to furnish 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 ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
6.7.2 . 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
ENGINEER's Consultants for evaluating each such
proposed substitute item.
6_8. 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 asindicated in paragraph 6.8-.2), whether
initially or as a substitute, against whom OWNER or
ENGINEER .may have reasonable objection.
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
6_9.
CONTRACTOR shall perform not less than 20
percent of the Work with its own forces (that is,
without subcontracting). The 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.
6.8.2. if the Supple.....,.,..,, Genditie, Biddin
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who -are to furnish the
principal items of materials or equipment) to be
submitted to OWNER
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER,—end-9
OWNER's or ENGINEER's 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
Lion after due, inv
Q914 ALTO 1: 11 ...LMit
_ NWitten 5.,,e..dmeRt sip 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 CONTRACTOR's 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 see 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.ENGTNEFR may
famish to anv subcontractor, supplier or other person
or organization evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S "Applications for. Payment".
P
6.9.2. CONTRACTOR shall be solely responsible
' for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations 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 furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR
6.10. 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.
6.11. 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. W-henOVOF any suah agreement
,s ., c.,t.,,,......,,,.«,.. ,.r e,,....t:e...w,. is listsd as an
=fa p* 5.6 OF 5.7, .i a between the
r�nt.rrn ArTOR and t& e„t,,.,..,,..,,,..,._^,,.. c., li•n
tvaives all rights against OWNER; GQtq ArGnt�
additional instiFeds -AH Find
the Werk. if the inn , apy s e poliGies require
sepafete waiver fefms to be signed by any Subeafaraeter
Supplie� GQ�4RAGTORA411 obtain the same.
Patent Fees and Royalties:
6.12. 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 specified in the Contract Documents for use in the
performance of the Work and.if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullestextent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's 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
infiingement-of 'patent rights or copyrights incident to the
use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
Documents:
EJCDC GENERAL CONDITIONS 19103 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Permits:
6.13. 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.
6.14. Laws and Regulations.
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
CONTRACTOR's compliance with any Laws or
Regulations.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom; however, it shall
not be CONTRACTOR's primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer,
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6.15.1. OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
permanentlyincormorated into the project Said taxes
shall not be included in the Contract Price.
CONTRACTOR must apply fm and receive a
Certificate of Exemption from the Colorado
Department of Revenue for construction materials to
be ph sy ically incorporated into the project. This
Certification of Exemption provides that the
CONTRACTOR shall neither pay nor include in his
Bid Sales and Use Taxes on those building and
construction materials physically incorporated into
the project.
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 incorporated into the
project are to be paid by CONTRACTOR and are to
be included in appropriate -bid items.
Use of Premises:
6.16. 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
from the performance of the Work. Should any claim be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding.or. at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials. CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work. CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Documents.
6.18. 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.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9.4). in good order and annotated to show all
changes made during construction. These record
documents together with. all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion
of the Work, and prior to release of final payment, these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safetyoC 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 therein, whether in storage on or off
the site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities. not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage; injury or
loss to any property referred to in paragraphs 6.20.2 or
6.20.3 caused, directly or indirectly; in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any
other person or organization directly or indirectly
employed by any of them'to perform or furnish any of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts any.of them may. be liable,
and not attributable, directly or indirectly, in.whole or in
part, to, the fault or negligence of CONTRACTOR.or any
Subcontractor, Supplier or other person, or organization
directly or indirectly employed by any of them).
CONTRACTOR's duties and responsibilities for the safety
and protection of the Work:shall continue until such time
as all the Work is completed and ENGINEER has issued a
IN
1
1
1
1
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Representative:
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs.
6.22. CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Emergencies.
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will `be issued to document the
consequences of such action
6.24. Shop Drawings and Samples.•
6.24:1. CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample: submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions; specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with. said accepted schedule of -Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim)
16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
purposes required by paragraph 6.26. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified:
6.25.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
6.25.1.3. all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also Have reviewed and
coordinated each Shop Drawing or Sample with.other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication .that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's 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 from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation.
6.26. 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. ENGINEER's
review and approval will be only to, determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER's 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 called for by
ENGINEER. on previous submittals.
6.27. ENGINEER's 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 ENGINEER's attention to each such
variation at the time of submission as required by
paragraph ,6.25.3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 2.9, any related Work performed
prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shall carry, on the Work and
adhere to the progress schedule during all, disputes or
disagreements with OWNER. No Work shall be delayed or
postponed pending resolution of any . disputes or
disagreements, except as permitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in
writing.
6.3.0. CONTRACTOR's General Warranty and
Guarantee:.
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACTOR's warranty and guarantee hereunder
excludes defects or damage caused by:
6.30:1.1. abuse,, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6.30.1.2. normal wear and tear under normal
usage.
6.30.2. CONTRACTOR's obhgation 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
6.30.2.1. observations by ENGINEER;
6.30 2.2. recommendation of any progress or
final payment by ENGINEER,
6.30.2.3. the issuance of a certificate of
Substantial Completion .or any payment by
OWNER to CONTRACTOR under the Contract
Documents;
6.30.2.4. use or occupancy of the Work or any
part thereof by OWNER;
630.2.5. any acceptance by OWNER or any
failure to do so;
6.30.2.6. any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
notice of acceptability by ENGINEER pursuant
to paragraph 14.13,
6.30.2.7. any inspection, test or approval by
others; or
6.30.2.8. any correction of defective Work by
OWNER
Indemnification:
6.31. To the fullest extent permitted by Laws, and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
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,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage;
(i).is attributable. to .bodily injury; sickness, disease or
death, or to injury to or. destruction of tangible property
(other than the Work itsell), including the loss of use
resulting therefrom, and (ii) is caused in whole or in part
by any negligent.act or omission of CONTRACTOR, any
Subcontractor, any Supplier, Iany person or organization
directly or. indirectly employed by any of.thein to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
inderttnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
6.32.. In any and all claims 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 organization directly or indirectly employed by
any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.31 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.
6.33. The indemnification obligations of
CONTRACTOR under paragraph6.31 shall not extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
professionalnegligence, errors or omissions of any of them.
Sunival of Obligations:
6.34. All representations, indemnifications, warranties
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will
survive final payment, completion and acceptance of the
Work and termination or completion of the Agreement.
ARTICLE 7-0TBER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(u) CONTRACTOR may make a claim therefor as
provided in Articles- 11 and 12 if CONTRACTOR believes
that such performance will involve additional ekpense to
CONTRACTOR or requires additional time and the parties
are unable to agree as to the amount or extent thereof.
T2. 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 OWNER' employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs. Unless otherwise
provided in the Contract Documents; CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be'required to make its several parts come together
properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition)
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.
7.3. If the proper execution or results of any part of
CONTRACTOR'S 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 CONTRACTOR's
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
7.4. 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;
7.4.2. the specific matters to be covered by such
authority and responsibility will be itemized; and
7.4.3. the extent of such authority and
responsibilitieswill 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.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer egeit3st
whose status under the Contract Documents shall be that
of the form er ENGINEER.
8.3. 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.
8.4. OWNEWs duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.1
and 4.4. Paragraph4:2 refers to OWNER' 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.
and faiiintaiiiing liability and propeFty insurance aft set
f M in paragFaphs 5.5 thi-7eugh 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER'S responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER'S right to stop. Work or
suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances.
8.9.. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's. 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.
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. ENGINEER will be OWNERs 'representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended .without written consent of OWNER
and ENGINEER.
Visits to Site:
0.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work. Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENGINEERSs 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 defective Work. ENGINEER'
visits and on -site observations are subject to all the
limitations on ENGINEER' authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not.supervise, direct, control or have
authority over or be responsible. for CONTRACTOR's
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.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work. The responsibilities and authority and
limitations thereon of any such .Resident Project
Representative and assistants .will be as provided in
paragraphs 9.3 and 9.13 and in the Su leme..«..,...
Conditions of these General Conditions. If OWNER
designates another representative or agent to represent
OWNER,at the site who is not ENGINEER' Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in paragraph 9.3
of these General Conditions If the ENGINEER fumishes
a Resident Project Representative (RPR) or other
assistants, or if the OWNER designates a Representative
or agent, all as provided in paragraph 9:3 of the General
Conditions; these Representatives shall have the authority
and limitations as provided in paragraph 9.13 of the
General Conditions and shall be subiect to the following:
9.3.1. The Representative's 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 Representative's
dealings with subcontractors will only be through or
with the full knowledge and approval of the
CONTRACTOR.
9.3.2. Duties and Responsibilities. Representative
will:
9.3.2.1. Schedules - Review the pro Bess
19
1
I
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability.
9.3.2.2. Conferences and Meeting, - Attend
meeting with the CONTRACTOR such as
Reconstruction conferences, progress meetings
and other job conferences and prepare and
circulate copies of minutes of meetings.
9.3.2.3. Liaison
9.3.2.3.1. Serve as ENGINEER'S liaison
with CONTRACTOR, working principally
through CONTRACTOR'S superintendent to
.assist the CONTRACTOR in understandine
the Contract Documents.
9.12.3.2. Assist in obtaining from OWNER
additional details or information when
required, for proper execution of the Work.
9.3.2.3.3. Advise the ENGINEER and
CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or
sample submission if the submission has not
been approved by the ENGINEER
9.3.2.4.Review of Work. Rejection of Defective
Work, Inspections and Tests -
9.3.2.4.1. Conduct on -site observations of
the Work in progress to assist the ENGINEER
in determining that the Work is proceeding in
accordance with the Contract Documents.
9.3.2.4.3. Accompany visiting inspectors
representing public or other agencies having
iurisdiction over the Proiect, record the results
of these inspections and report to the
ENGINEER.
9.3.2.5. Interpretation of Contract
Documents. Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and interpretation
of the Contract Documents as issued by the
ENGINEER
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
20 EJCDC GENERAL, CONDITIONS 19103 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER.
Accurately transmit to CONTRACTOR
decisions Issued by the ENGINEER
9.3.2.7. Records.
9.3.18. Reports.
9.3.2.8.1. Furnish ENGINEER periodic
reports, as required, of the progress of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of shop Drawing and sample
submittals
9.3.2.8.2. Consult with ENGE MER in
advance of scheduling major test&
inspections or start of important phases of the
Work.
9.3.2.8.3. Draft proposed Change Orders
and Work Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders Work Directive Changes and field
orders
9.3.2.8.4. Report immediately to
ENGINEER and OWNER the occurrence of
any accident.
9.3 2 9 Payment Requests Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
ENGINEER noting particularly the relationship of
the payment requested to the schedule of values,
work completed and materials and equipment
delivered .at the site but not incorporated in the
Work.
9.3.2.10. Completion.
9.3.2.10.1. Before ENGINEER issues a
Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items
requiring correction or completion
9.3.2.10.2. Conduct final inspection in the
company of the ENGINEER OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed.
9.3.2.10.3. Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance.
9.3.3. Limitation of Authority: The Representative shall
not:.
9.3.3.1. Authorize any deviations from the
Contract Documents or accept any substitute
materials or equipment, unless authorized by the
ENGINEER
9.3.3.2. Exceed limitations of ENGINEER'S
authority as set forth in the'..Contract Documents.
9.3.3:3. Undertake any of the responsibilities
of the CONTRACTOR Subcontractors, or
CONTRACTOR'S superimendent.
9.3.3.4. Advise on; or issue directions relative
to, or assume control over any aspect of the
means, methods, techniques, sequences or
procedures for construction unless such is
specifically called for in the Contract Documents.
9.3.3.5. Advise on or issue directions
regarding or assume control over safety
precautions and programs in connections With the
Work.
9.3.3.6. Accept Shop Drawings or sample
submittals from anyone other than the
CONTRACTOR.
9.3.3.7. Authorize OWNER to occupy the
Work in whole or in part.
9.3.3.8. Participate in specialized field or
laboratory tests or inspections conducted by others
except as specifically authorized by the
ENGINEER.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR If OWNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Times and the parties are unable to agree
to the amount or extent thereof if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or Article 12.
Authorized Variations in Work:
9.5; 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 indicated by the Contract
Documents. These may be accomplished by a Field Order
and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved
promptly. If OWNER or CONTRACTOR believes that a
Field Orderjustifies an adjustment in the Contract Price or
the Contract Times and the, parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article I I or 12.
Rejecting Defective Work
9;6. 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 integrity of the design concept of the
completed Project. as a functioning Whole as indicated by
the Contract Documents. ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments.
9.7. In connection with ENGINEER"s authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6.28 inclusive.
9.8. In connection with ENGINEERSs authority as to
Change Orders, see Articles 10, 11, and 12.
9:9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINEERSs preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
.1
1
1
for Payment or otherwise). ENGINEER's 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 ENGINEER's decision and: (i) an
appeal from ENGINEERS decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article 16, or (ii) 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 ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR Such appeal will not be subject to the
procedures of paragraph 9.11.
Decisions on Disputes.-
9.11 , 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 l l 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 claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimant's 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 ENGINEER's
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENGMEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC -A; "Dispute
Resolution Agreeineiit", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER's
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Ed tion)
22 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph.14.15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter ptmant to Artiele �6.
9.13. Limitations on ENGMEER's Authority and
Responsibilities:
9.13.1. Neither ENGINEER's 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. ENGE\EERwill not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's 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 CONTRACTOR's 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' Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9.13.4. ENGIlVEER'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 14.12 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
REM -. _.. ._.. --.. __—__..
1 CONTRACT : CONTRACT
Drake Road
M ILL
WideningProject Quantities:
202-01
Remove Asphalt Curb and Gutter
233
0
LF
233
202-02
Remove Asphalt Drive
60
86
SY
148
202-03
202-04
Remove Grevel Drive
Remove F141 De th As halt Pavement to Sub retie
60
400
0
325
SY
SY
60
725
202-05
Remove Concrete Channel
0
24
LF
24
202-06
Remove 12" RCP
0
20
LF
20
202-07
Remove T e III Barricades
2
3
EA
5
202-08
Remove Vertical Curb and Gutter
30
20
LF
50
203-01
llnclassed Excavation
205
180
Cy
385
203-02
Embankment
135
250
Cy
385
203-03
Muck Excavation
100
100
Cy
200
203-04
Borrow
0
975
975
Cy
975
203-05
To soil(Stripping, Stockpiling, Replacing) 6" Depth
150
Cy
385
20306
Imported Screened Topsoil - Parkways) 6" Depth
35
60
Cy
95
208 11
Erosion Control
0.5
0.5
LS
1
210-01
Remove and Relocate Mailboxes
3
1
EA
4
210-02
Relocate LandsEaping Boulders
0
2
EA
2
210-03
Remove and Relocate Gate
0
1
EA
1
210-04
Remove and Relocate Water Meter & Curb Stop (FCLWD) and
COFC
1
2
EA
3
210-05
Adjust Water Valve Box
0
2
EA
2
304-01
A99TRate Base Course - 9"
390
440
TN
1030
306-01
Reconditioni 8"
635
1340
SY
1975
403-01
Hot Bituminus Pavement - Gradin SG PG 58.28 -3" De th
171
278
7N
447
403-02
Fist Bitummus Pavement- Grading SG (PG 58-28)-4" Depth
Drive
13
40
TN
53
403-03
Hot Biluminus Pavement-Gredi S PG 56-28 -2'De th
114
184
TN
298
60301
18" RCP Class III
0
20
LF
20
603-02
16' RCP FES Class III
0
2
EA
2
603-03
12" SDR-35 Pipe (Irrigation Line
0
116
LF
116
804-01
2' X 10- Metal Sidewalk Chase
0
1
EA
1
604-02
4' Diameter Manhole 3'
0
1
E4
1
804-03
Cowrete Headwall Per Detail
0
1
- EA
1
604-04
Concrete Collar
0
1
EA
1
60701
TWire Fence
196
374
LF
570
60702
3-R20 Wood Dowel Fence
0
202
LF
202
607-03
Instati 12' Metal Gate 0 trri ation Access Road
0
1
EA
1
80601
Concrete Sidewalk- 6"
2,079
3717
SF
5798
608-02
Concrete Drive Approach - 8"
522
369
SF
891
608-03
Concrete Trickle Pan 2' Witle w/G' Curbs
0
25
LF
25
60MI
609-02
Vertical Curb and Gutter 30
U-eyTy Curb Cuts
472
65
741
35 1
LF
LF
1213
100
Landsea
Quantities:
2900-01
D Seedi
0.30
0.50
ACRE
0.80
2900-02
2900-03
8" X 6" Lends a Timbers
Relocate Irrigation Pipe and Spigot Kiefts Propeq
0
0
120
1
LF
LS
120.00
1.00
2900-04
Roc Mountain Juni re 15 al
0
13
EA
13.00
2900-05
2" Omamental Trees flHomy Locust
0
4
EA
4.00
Miscellaneous Quantities:
Contract Bond 1 0 LS 1
026-01 Mobilmation 0.5 0.5 1 LS 1
CITY OF FORT COLLINS, COLORADO
ENGINEERING DIVISION
DCP
DRAKE ROAD WIDENING
YORKSHIRE STREET TO FEATHERSTAR WAY
GENERAL NOTES.
3
M M = M M = = = = = M = = M
responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants.
ARTICLE 10—CHANGES IN THE WORK
10.1. 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 Written Amendment, a.Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided).
10.2. 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 I 1 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or. an extension of the Contract Times
with respect to any Work.performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.5 and 3.6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Ameridments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (ii) required
because of acceptance of defecthe Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
Times which are agreed to by the parties; and
10.4.3. 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.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition.)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be
given to a surety, the giving of any such notice will be
CONTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
ARTICLE 11—CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work. All -duties,
responsibilities and obligations assigned.to or undertaken
by CONTRACTOR shall be at CONTRACTOR's expense
without change in the Contract Price.
11.2. 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 claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the .start of the
occurrence or event giving rise to the claim and stating the
general nature.of.the claim. Notice. of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's 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 9..11 if OWNER and
CONTRACTOR. cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The value of any Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
11.3.1. where the Work involved is. covered by unit
prices contained in the Contract Documents, by
application of such unit.prices to the quantities of the
items involved (subject to the provisions of
23 .
paragraphs 11.9.1 through 11.9.3, inclusive);
'
11.3.2. 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 11.6.2);
11.3.3. where.the Work involved is not covered by unit
prices contained in the Contract Documents and
agreement to a lump sum is not reached under
paragraph 11.3.2, on the basis of the Cost of the Work
(determined as provided in paragraphs 11.4 and 11.5)
plus a CONTRACTOR'S fee for overhead and profit
(determined as provided in paragraph 11.6).
'
Cost of{he Work:
11.4. 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 11.5:
'
11.4.1. 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 inolude, but -list be limited to;
'
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment, excise and payroll taxes, workers'
compensation, health and-ee� t benefits, bonuses,
siek iapplicable 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 incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith All cash
discounts shall accrue to CONTRACTOR unless
'
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
'
OWNER, and CONTRACTOR Shall make provisions
so that they may be obtained
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER,
24 EJCDC GENERAL, CONDITIONS 1910-8 (1990 Edition)
'
w/ 0TY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 into
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 CONTRACTOR's
Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11.7. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of .special consultants (including but
not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants)
employed for services specifically related to the
Work.
11.4.5. Supplemental costs including the following
11.4.5.1. The proportion of necessary
transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in
discharge of duties connected with the Work.
11.4.5.2. 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
11.4.5.3. 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, unloai
installation dismantling and removal thereof—alll
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 necessaryfor the Work.
11..4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5. Deposits lost for causes other than
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,_and royalty payments and
fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5.91 provided they
have resulted from causes other than the
negligence of CONTRACTOR, any
Subcontractor, or anyone directly or indirectly
employed by any of them 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
CONTRACTOR's fee. If however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereofy
CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. 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.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
11.5. The term Cost of the 1ATork shall not include any of
the following:
11.51. Payroll costs and other compensation of
CONTRACTOR's 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
CONTRACTOR's 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 11.4.1 or
specifically covered by paragraph 11.4.4—all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at
the site.
11.5.3. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5:4. Cast 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 11.4.5.9 above).
ErDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
11.5.5. 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.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually.acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the, following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRACTOR's fee shall be fifteen percent;
11.6.2.2. for costs incurred under
paragraph 11.4.3, the CONTRACTOR's fee shall
be five percent;
11.6.2.3. 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 11.4.1, 11.4.2, 11.4.3 and
11.6.2 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
incurred by such Subcontractor under paragraphs
11.4.1 and 11.4.2 and that any, ,higher tier
Subcontractor: and CONTRACTOR will each be
paid a fee e f five . ent 4 the . nt paid .
.,... next lower Lief Stibeeyit.,,eter. to be ne o¢ tiated
in eood faith with the OWNER but not to exceed
five percent of the amount paid to the next lower
tier Subcontractor.
11.6.2.4. no fee shall be payable on the basis
of costs itemized under paragraphs 11.4.4, 11.4.5
and 11.5;
11.6.2.5. 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 CONTRACTOR's fee by an amount
equal to five percent of such net decrease; and
11.6.2.6. when.both additions.and credits are
involved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with
paragraphs 11.6.2.1 through 11.6.2.5, inclusive.
11.7. Whenever the cost of any Work is to be
25
1
1
1
1
determined pursuant to paragraphs 11.4 and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cost breakdown together with supporting data.
Cash Allowances.
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER. CONTRACTOR
agrees that:
11.8.1. the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes; and
11.8:2. CONTRACTOR's 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.
11.9. Unit Price Work.,
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Umt Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial 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.
11:9:2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
11.9.3.OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article l 1 if:
11.9.3.1. 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;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
and
11.9.3.2. there is no corresponding adjustment
with respect to any other item of Work; and
11.9.3:3. 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 entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or chancesquantities at OWNER'S sole
discretion without affecting the Contract Price of
any remaining item solong as the deletion or
addition does not exceed twenty-five percent of
the original total Contract. Price.
ARTICLE 12--CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim 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 claim) 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 paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim *for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times'(or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12.1. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions or acts of God. Delays attributable to and
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR
12.4. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for .such delay. In no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (i) delays caused
by or within the control of the CONTRACTOR, or
(ii) 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.performing other work as contemplated
by Article 7.
ARTICLE 13--TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIPF WORK
13.1. 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 Work:
13.2. OWNER, ENGINEER ENGINEER's Consultants,
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have. access to the Work at
fessenable 'ems for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections:
13.3. 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:
13.4.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.4.1 that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
below shall be paid as provided in said
paragraph 13.9; and
13.4.3. as otherwise specifically provided in the
Contract Documents.
13.5. 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 furnish ENGINEER the
required certificates of inspection, or approval.
CONTRACTOR shall also be responsible for arranging
and obtaining, and shall pay all costs in connection with
any inspections, tests or approvals required for OWNERs
and ENGINEER'S acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work.
13.6. 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.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of. ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's observation
and replaced at CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or, tested ,by others, CONTRACTOR, at
ENGINEER's request, shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGINEER may require, that portion, of the Work in
question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting from such
uncovering exposure, observation, inspection and testing
and of satisfactory replacement or reconstruction,
(including but not limited to all costs of repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract 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 Price or an extension of the Contract Times
(or Milestones), or both, directly attributable to such
27
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n
H
uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12.
OWNER blay Stop the Work.
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work 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 rise to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party.
Correction or 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
replacemetwofwork of others).
13.12. Correction Period•
13.12.1. If within one year two year 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 OWNER's 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 is not defective, and (ii)
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 corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused by or'resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR
13.12.2.In special circumstances where a particular
item of equipment is placed in continuous 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 1910-8 (1990 Echtion)
28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Work resulting :therefrom) has been corrected,
removed or replaced under this paragraph 13:12, the
correction period hereunder with respect to such Work
will be extended for an additional period of ene deaf
two year after such correction or removal and
replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all claims, costs, losses and
damages attributable to OWNER's 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 ENGINEER's
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 acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER.
OWNER Afay Correct Defective Work:
13.14. 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 fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such 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 CONTRACTOR's services related thereto, take
possession of CONTRACTORS tools, appliances,
construction equipment .and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored .elsewhere.
CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other
contractors and ENGINEER and ENGINEER's
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph All
claims, 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 claim 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
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARTICLE 14--PAYMENTS TO CONTRACTOR AND
COMPLETION
Sehedu[e.of Values.
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
,Application for Progress Payment.
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month'}, CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
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 OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retainage with
respect to progress payments will, be as stipulated in the
Agreement. Any funds that are -withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow or
custodianship. By executing the application for payment
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes. Section24-91-101.
et seq.
CONTRACTOR's Warranty ofTide:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
Review ofApplieat[ons for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application. Ten days after presentation of the
Application for Payment to OWNER with ENGINEER's
recommendation, the amount recommended will (subject
to the provisions of the last sentence of paragraph 14.7)
become due, and when due will be paid by OWNER to
CONTRACTOR
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on -site observations of. the executed Work
as an experienced and qualified design professional and on
ENGINEER's 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
in the recommendation), and
14.5.3. the conditions precedent to
CONTRACTOR's being. entitled to such payment
appear to have been fulfilled insofar as it is
ENGINEER's responsibility to observe the Work.
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (i) exhaustive or continuous on -site
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 (ii) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to bq paid additionally by OWNER or
entitle OWNER to withhold payment to.CONTRACTOR.
14.6. ENGINEER's recommendation of any payment,
including final payment, shall.not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or
the safety precatitions. 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.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to
29
u
n
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 inspectionsor tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge. of the
occurrence of any of the events enumerated in
paragraphs 15.2.1 through15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
Account of CONTRACTOR's performance or furnishing
of the Work,
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and -discharge of such Liens,
14.7.7. there are other items entitling OWNER to a set-
off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1
through 15.2.4 inclusive;
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or any adjustment: thereto agreed
to by OWNER and CONTRACTOR, when
CONTRACTOR corrects to OWNER's satisfaction the
reasons for such action
Substantial Completion:
14.8. 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. If' ENGINEER
30 EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen _days after submission of the tentative
certificate to OWNER notify CONTRACTOR in.writing,
stating the reasons therefor. If, after consideration of
OWNER's objections, ENGINEER considers the Work
substantially complete, ENGINEER will within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the
time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
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 warranties .and guarantees. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNS .dnd CONTRACTOR until finial payment.
14.9. 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 UkGzation:
14.10. Use by. OWNER at OWNER's option of any
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(it) 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
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.1.OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such 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. Within a reasonable time after either
such request, OWNED . CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion If
ENGINEER.does not.consider that part of the Work to
be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing 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 5.15 in respect of
property insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection .with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final Application for Payment:
14.12. 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 6.19) 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 subparagraph 5.4.13,
(ii) consent of the surety, if any, to final payment, and
(iii) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work. In lieu of such releases or
waivers of Liens and, as approved by OWNER,
CONTRACTOR may famish receipts or releases in full
and affidavit of CONTRACTOR that: (i) the releases and
receipts_ include all labor, services, material and equipment
for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER's
property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or Supplier fails
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
to furnish 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 liens and the consent of
the surety to finalize MMent 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:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's 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 CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGINEER's 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 writing 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 ENGINEER's recommendation and notice of
acceptability; the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subject to paragraph 17.6.2 of these
General Conditions.
14.14. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5.1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with. the
Application for such payment. Such payment shall be
made under the terms and conditions, governing final
payment, except that it shall not constitute a waiver of
claims.
Maiver of claims.•
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from
unsettled Liens, from defective Work appearing after
final inspection pursuant to paragraph 14.11, from
failure to comply with the Contract Documents or the
terns of any special guarantees specified therein, or
from CONTRACTOR's 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 111av Suspend Work:
15.1. 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 May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph 2.9 as adjusted from time to time
pursuantto paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and 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
CONTRACTOles tools, appliances, 'construction
equipment'and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
32 EJCDC GENERAL CONDITIONS 1910s (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of
or resulting from completing theVork 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 incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's 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.
15.4. Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER, elect to terminate the Agreement. In
such case, CONTRACTOR shall be paid (without
duplication of any items):
15.4.1. for completed and acceptable Work executed
in accordance with the Contract Documents, prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus 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; arid
15.4.4. for reasonable expenses directly attributable
to termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate.
15.5. If, 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 fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
1
1
1
1
/^F�ort of
` �PuM1asing
Financial Services
Purchasing Division
215 N. Mason St. 2n° Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov. com/purchasing
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
Drake Road Widening
BID NO. 7020
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
March 25, 2009 — 3:00 P.M. (OUR CLOCK)
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and, recover from OWNER
payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without 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 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit 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
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of anydispute.
ARTICLE 17—MISCELLANEOUS
Giidng Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm, or 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 business address known to the giver of the notice.
17.2. Computation of Time:
17.2.1. When any period 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 Iasi day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Clain.
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within 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.Cunrulative Remedies:
17.4. The duties and obligations imposed by these
General Conditions. and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed. upon CONTRACTOR by
paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEER thereunder, are in addition
to, and are not to be construed in any way as. a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right and remedy to which
they apply.
Professional Fees and Court Costs Included•
17.5. 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 engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs.
17.6. The laws of the State of Colorado apply to this
Agreement. Reference to two pertinent Colorado statutes
are as follows
17.6.2. 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 hire,
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
33
34 EJCDC GENERAL CONDITIONS 1910-3 (1990 Edi[im)
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(This page left blank intentionally.)
EJCDC GENERAL CONDITIONS 1910.8 (1990 E(fition) 35
wl CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
' 36 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
EXHIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER, and CONTRACTOR is
amended to include the following agreement of the parties:
16.1. All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of or relating to the Contract Documents or the breach
thereof (except for claims which have been waived by the
making or acceptance of final payment as provided by
paragraph 14.15) will be decided by arbitration in
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then
obtaining, subject to the limitations of the Article 16. This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty-first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matter will
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9.11; and the failure
to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.10.
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information. The demand for
arbitration will be made within the thirty -day or ten-day
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen,. and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the
applicable statute of limitations.
EJCDC GENERA. CONDITIONS 1910-8 (1990 E(fition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
16.4. Except as provided in paragraph 16.5 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, ENGINEER's Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not a party to this contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who are already parties to the arbitration, and
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.
16.5. 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 parry to the arbitration between OWNER
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Work of such
Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and against OWNER, ENGINEER or
ENGINEER's Consultants that does not otherwise exist.
16.6. 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.
16.7. OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16.2 and 16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the termination of the mediation. The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed.
GC -Al
H
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F,
' EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) GC -Al
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SE
SECTION 00800
SUPPLEMENTARY CONDITIONS
' SECTION 00800
SUPPLEMENTARY CONDITIONS
' Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of
' the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with
City of Fort Collins modifications) and other provisions of the Contract
Documents as indicated below.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to. paragraph 4.2.1 of the General
Conditions.
' 4.2.1.1.1 The following report(s) of exploration and tests of
subsurface conditions at thecsite of the Work:
' Contractor may rely upon the accuracy of the technical data
contained in the geotechnical documents, but not upon nontechnical
' data, interpretations or opinions contained therein or upon the
completeness of any information in the report.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to
t existing surface or subsurface structures (except Underground
Facilities referred to in Paragraph 4.3) which are at or contiguous
to the site have been utilized by the Engineer in preparation of
the Contract Documents, except the following:
' SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
' The limits of liability for the insurance required by the paragraph
numbers of the General Conditions listed below are as follows:
IRev 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.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
5.4.9This policy will include completed operations coverage/product
liability coverage with limits of $1,000,000 combined single limits
(CSL).
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule days lost due to
abnormal weather conditions.
Rev 10/20/07
Section 00800 Page 2
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
Rev 10/20/07
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020 Notice Inviting Bids
00020-1 - 00020-2
00100 Instruction to Bidders
00100-1 - 00100-9
00300 Bid Form .
00300-1 - 00300-3
00400 Supplements to Bid Forms
00400-1
00410 Bid Bond
00410-1 - 00410-2
00420 Statements of Bidders Qualifications
00420-1 - 00420-3
00430 Schedule of Major Subcontractors
00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms
00500-1
00510 Notice of Award
00510-0
00520 Agreement
00520-1 - 00520-6
00530 Notice to Proceed
00530-1
00600 Bonds and Certificates
00600-1
00610 Performance Bond
00610-1 - 00610-2
00615 Payment Bond
00615-1 - 00615-2
00630 Certificate of Insurance
00630-1
00635 Certificate of Substantial Completion
00635-1
00640 Certificate of Final Acceptance
00640-1
00650 Lien Waiver Release(Contractor)
00650-1 - 00650-2
00660 Consent of Surety
00660-1
00670 Application for Exemption Certificate
00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions
00700-1 - 00700-34
Exhibit GC -A
GC -Al - GC-A2
00800 Supplementary Conditions
00800-1 - 00800-2
00900 Addenda, Modifications, and Payment
00900-1
00950 Contract Change Order
00950-1 - 00950-2
00960 Application for Payment
00960-1 - 00960-4
SPECIFICATIONS
SOILS REPORT
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.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST
$ 0.00
.(Assuming all change orders approved)
ACCEPTED BY:
DATE:
ACCEPTED BY:
Contractor's Representative
Project Manager
DATE:
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
Rev10/20/07 Section 00950 Page 1
M M M. M m m r M M M M M M i M s M M M
qAr-r;nn nnatin
APPLICATION FOR PAYMENT
PAGE 1 OF 4
OWNER: City of Fort Collins
PROJECT:
APPLICATION NUMBER:
APPLICATION DATE:
ENGINEER:
CONTRACTOR:
PERIOD BEGINNING:
PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS
Application is made for Payment as shown below in connection with Contract
The present status of the account for this Contract is as
NUMBER DATE AMOUNT
follows:
1
2
Original Contract Amount:
3
Net Change by Change Order:
Current contract Amount:
$0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage:
$0.00
Less Retainage:
Net Change by Change Order $0.00
AMOUNT DUE THIS APPLICATION:
$0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the
CONTRACTOR.
Date: By.
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
Rev10/20/07 Section 00960 Page 1
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT
Work Work
Completed Completed
This Previous
Bid Month Periods
Item
Unit
Number Description Quantity Units Price Amount Qty
$0.00
$0.00
$0.00
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$0.00
$0.00
TOTALS $0.00
PAGE 2OF4
Work
Completed Stored
To
Date Materials Total
This Earned Percent
Amount Qty.
Amount Qty.
Amount Period
To Date Billed
$0.00
$0.00
$0.00
$0.00
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$0.00
Section 00960 Page 2
M r M = = = M = = M M
=_ M M M M= M 'M M M M M� M M� s M
CHANGE ORDERS
Bid
Item
Number Description Quantity Units
Unit
Price Amount
APPLICATION FOR PAYMENT
Work Work
Work Completed Completed Completed
This Previous To
Month Periods Date
Qty. Amount Qty. Amount Qty. Amount
Stored
Materials
This
Period
PAGE 3 OF 4
Total
Earned Percent
To
Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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$0.00 1
$0.00
$0.00
$0.00
$0.00
TOTALS CHANGE ORDERS
$0.00
$0.00
$0.00
$0.00
$0.00
PROJECT TOTALS
$0.00
$0.00
$0.00
$0.00
$0.00
Section 00960 Page 3
STORED MATERIALS
SUMMARY
On Hand Received Installed
Item Invoice Previous This This
Number Number Description Application Period Period
PAGE 4 OF 4
On Hand
This
Application
f
$0.00
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$0.00
$0.00
$0.00
$0.00 .
TOTALS $0.00 $0.00
$0.00 $0.00
Section 00960 Page 4
February 2009
DRAKE ROAD WIDENING PROJECT
The Engineers Joint Contract Documents Committee General Conditions governs 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.
4-8
'
01310
CONSTRUCTION SCHEDULES.............................................................................
General Reqs.
9-10
01330
SURVEY DATA........................................................................................................
General Reqs.
1 1
'
01340
SHOP DRAWINGS...................................................................................................
General Reqs.
12-15
01410
TESTING...................................................................................................................
General Reqs,
16-11
01510
TEMPORARY UTILUTIES
......................................................................................
General Reqs.
18
01560
TEMPORARY CONTROL....................................................................................... General Reqs.
19-20
01570
TREE PROTECTION...............................................................................................
General Reqs.
21-22
01580
TRAFFIC REGULATION — (Owner Supplied)........................................................
General Reqs.
2 3-24
01700
CONTRACT CLOSEOUT........................................................................................
General Reqs.
25
'
01711
SITE CLEANUP.......................................................................................................
General Reqs.
26
01720
PROJECT RECORD DOCUMENTS.......................................................................
General Reqs.
27
'
SECTION 01010
SUMMARY OF WORK
'
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General Reqs. — 5
11
February 2009
1.1 DESCRIPTION OF WORK
A. The Work shall consist of the construction of the outlined improvements:
Drake Road:
The construction of the improvements to Drake Road includes reconstructing and widening the south side
of Drake Road from Sta. 5+75 to Sta. 10+99 and Sta. 17+48 to Sta. 25+75.Sections of the old surface on
Drake Road will be removed and reconstructed with a new asphalt pavement section. These improvements
will include construction of vertical curb and gutter, sidewalks, concrete drive approaches, storm -sewer
improvements, irrigation pipe improvements, and a sidewalk chase. Other tasks associated with this project
include removals, relocations and adjustments of existing features. City crews will install new street
signage.
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.
1.2 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 Contractor's
convenience.
S:\Purchasin9'\Bids\2009 BIDS 7002\7020 brake Road Widening\7020 Drake Road Widening.doc
General Reqs. — 6
February 2009
UTILITIES
Water:
City of Fort Collins, Colorado
221-6700
Storm Sewer:
City of Fort Collins, Colorado
221-6700
Sanitary Sewer:
City of Fort Collins, Colorado
221-6700
Electric:
City of Fort Collins, Colorado
221-6700
Gas/Electric:
Xcel Energies
225-7847
Telephone:
Qwest Communications
377-6401
Traffic Operations:
City of Ft. Collins, Colorado
222-1739
Cable Television:
Comcast
493-7400
District Water
Fort Collins -Loveland Water District
226-3104 ext. 17
*Utility Locates
Under A One -call @ system
1-800-922-1987
Ditch Companies:
Pleasant Valley Ditch Company — (Edwin Dell)
226-4795
AGENCIES
Occupational Safety & Health Administration
(OSHA):
844-3061
Poudre Fire Authority
Non -Emergency:
221-6581
Emergency:
911
City of Fort Collins Police Department
Non -Emergency:
221-6550
Emergency:
911
Larimer County Sheriffs Department
Non -Emergency:
221-7177
Emergency:
911
Postmaster: US Postal Service
Judith Robertson:
225-4111
Ambulance: Poudre Valley Hospital
Non -Emergency:
484-1227
Emergency:
911
Transportation:
Transfort:
221-6620
Traffic Engineering:
221-6630
END OF SECTION
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General Reqs. — 7
February 2009
SECTION 01040
COORDINATION
1.1 GENERAL CONTRACTOR RESPONSIBILITIES
A. Coordinate operations under contract in a manner, which will facilitate progress of the Work. The
Contractor shall also coordinate with the Utility Companies and City Traffic Department whose Work is
separate from the General Contractor's contract.
B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and
manner of performance of operations which affect the service of such utilities, agencies, or public safety.
C. Coordinate operations under contract with utility work to allow for efficient completion of the Work.
D. Coordinate all operations with the adjoining property owners, business owners, and surrounding
neighborhoods to provide satisfactory access at all times and keep them informed at all times.
E. Keep traffic areas and temporary residential accesses free of excavated material, construction equipment,
pipe and other material and equipment.
F. Keep fire hydrants and utility control valves free from obstruction and available for use at all times.
G. Conduct operations in.a manner to avoid unnecessary interference with public and private roads and drives.
H. Provide and maintain temporary approaches or crossings at streets and residences.
1.2 SCHEDULE AND MILESTONES
The Contractor shall submit a detailed project schedule showing milestones and the critical path for the
Drake Road Widening Project. This schedule shall be agreed to by both the Owner and Contractor. It
shall be made in writing and signed by both parties.
The progress schedule shall be monitored closely during construction and may be updated by written
agreement of the parties as changes occur in the project progress. If the milestones are not met, the Owner
may utilize the remedies provided in paragraph 15.6 of the Supplementary Conditions as well as any other
remedy provided by the Contract Documents or provided by law or equity. The Owner may also assess
liquidated damages as outlined in Article 3, Section 3.2 of the Agreement.
1.3 CONFERENCES
A. Pre -Construction Conference: A Pre -Construction Conference will be held prior to beginning the Work. A
date and time for the conference will be determined once the Notice of Award is issued to the Contractor.
The conference shall be attended by:
1. Contractor and Contractor's Superintendent
2. Contractor's Subcontractors
3. Designer
4. Owner
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General Reqs. — 8
11
1
February 2009
1 5. Utility Companies
6. Others as requested by the Contractor, Owner, or Designer.
' Unless previously submitted to the Owner, the Contractor shall bring to the conference a tentative schedule
of the construction project, including in the schedule shop drawings and other submittals. Any submittals
requiring long lead times and therefore must be expedited shall be submitted at the pre -construction
' conference, or as soon thereafter as possible.
The purpose of the conference is to designate responsible personnel and establish a working relationship.
Matters requiring coordination will be discussed and procedures for handling such matters established. The
' agenda will include:
1. Contractor's tentative Schedule
2. Permit applications and submittals, including Dewatering Permit, Erosion and Sediment Control
Plan, and Traffic Control Plan
3. Transmittal, review and distribution of Contractor's submittals
4. Processing applications for payment
5. Maintaining record documents
1 6. Critical work sequencing
7. Field decision and change orders
8. Use of premises, staging area, security, housekeeping, and Owner's needs
9. Contractor's assignment of safety and first aid
B. Additional project coordination conferences will be held prior to start of construction for coordination of
the Work, refining project schedules, and utility coordination.
C. The Engineer may hold coordination conferences, to be attended by all parties involved, when the
Contractor's operations affect, or are affected by, the work of others.
1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the
1 Engineer.
1.4 PROGRESS MEETINGS
1 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.
1
B. Attendance shall include:
1. Contractor and Superintendent.
2.
Owner's Representatives.
3.
Engineer and Project Manager.
1
4.
Others as may be requested by Contractor, Engineer or Owner.
C. Minimum agenda shall include:
1.
Review of work progress since last meeting.
1
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
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General Reqs. — 9
SECTION 00020
INVITATION TO BID
February 2009
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.
1.5 MODIFICATIONS TO TIME OF COMPLETION IN THE APPROVED SCHEDULE
The date of beginning and the time for completion of the work are essential conditions of the Contract
Documents and the work embraced shall be commenced on a date no later than that specified in the Notice
to Proceed.
The Contractor will proceed with the work at such rate of progress to ensure full completion within the
contract time. It is expressly understood and agreed by and between the Contractor and the Owner that the
contract time for the completion of the work described herein is a reasonable time, taking into consideration
the climatic and other factors prevailing in the locality of the work.
Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in
the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the
vicinity of the Project site during the times of year that the construction will be carried out. Extensions of
time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such
conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions
adversely affected the Contractor's work and thus required additional time to complete the work.
The following specifies the procedure for the determination of time extensions for unusually severe
weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each
month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for
the geographic location of the project.
Monthly Anticipated Calendar Days Lost to Adverse Weather
Conditions
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
(7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5)
The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion
thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing
throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather
days that delay the work will be recorded on a day-to-day basis. It is assumed that the work will be carried
out Mondays through Fridays (holidays excepted) unless an approved construction schedule or written
authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse
weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An
actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay
work critical to the timely completion of the project, and be documented by the Contractor.
The City Representative observing the construction shall determine on a daily basis whether or not work
can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify
the Engineer in writing of any disagreement as to whether or not work can proceed on a given date, within
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General Reqs. — 10
February 2009
'
2 calendar days of that date. The Owner will use the above written notification in determining the number
of working days for which work was delayed during each month.
'
At the end of each month, if the number of working days for which work was delayed due to adverse
weather exceeds that shown in the above schedule, a Change Order will be executed which increases the
Contract Time. The number of work days delayed .due to adverse weather or the impact thereof will then
be converted to Calendar Days based on the contract completion day and date. This conversion assumes a
5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization
to work weekends and/or holidays, then the method of conversion of workdays to calendar days would take .
this into consideration. The contract time period will then be increased by the number of calendar days
'
calculated above and a new contract completion day and date will be set.
The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather -
dependent activities.
'
While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner
shall make no monetary compensation for any costs to the Contractor arising out of such delays. The
Contractor shall comply with the portions of the Contract Documents relating to his project schedule and
"unusually
'
amendments thereto which result from the severe" weather condition.
Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for
'
an extension of time. Liquidated damages will be assessed as delineated elsewhere.
The Contractor shall not be charged with liquidated damages or any excess cost when the delay in
completion of the work is due to the following, and the Contractor has promptly given written notice of
'
such delay to the Owner or Engineer.
1. To any preference, priority, or allocation order duly issued by the Owner.
' 2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of
another Contractor in the performance of a contract with the Owner, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as
' provided above; and
3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2,
' above.
Work Hours: Standard work hours are 7 AM to 7 PM, Monday through Friday. No work shall be permitted on
weekends or holidays without written approval from the Project Manager. Work activity done at times other
than during normal working hours may require reimbursement to the City for the overtime cost to the City.
Work requests beyond normal working hours must be submitted to the Project Manager a minimum of five (5)
working days prior to the requested date.
END OF SECTION
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General Reqs. — 11
SECTION 01310
CONSTRUCTION SCHEDULES
1.1 GENERAL
February 2009
A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review
of tentative schedule by parties attending the pre -construction conference. This schedule will show how
the contractor intends to meet the milestones set forth.
1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and
Report of delivery of equipment and materials.
1.2 FORMAT AND SUBMISSIONS
A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual
progress.
B. Submit two copies of each schedule to Owner for review.
1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the
Work with the needs of Owner or others.
C. The schedule must show how the work will be coordinated.
1.3 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.
1.4 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.
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General Reqs. — 12
February 2009
1.5 OWNER'S RESPONSIBILITY
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
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General Reqs. — 13
February 2009
SECTION 01330
SURVEY DATA
'
1.1 SURVEY
REQUIREMENTS
A.
The Owner will provide the construction surveying for the Project. The Contractor will not 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.
The Contractor must submit a survey request to the Surveyors a minimum of 48 hours prior to needing
surveying work done.
D.
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.
E..
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.
F.
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 restaking construction stakes and for the cost of re-establishing a destroyed monument.
G.
The Contractor shall be responsible for transferring the information from the construction stakes to any
,
necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other
structures and items in accordance with the information on the stakes and grade sheets supplied by the
Owner.
END OF SECTION
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General Reqs. — 14 a
SECTION 01340
SHOP DRAWINGS
1.1 GENERAL
February 2009
A. Submit Shop Drawings, Samples, and other submittals as required by individual 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 Engineer prior to
the time set forth in the approved schedule will be reviewed at any time convenient to the Engineer before
the time required by the schedule.
C. Any need for more than one resubmission, or any other delay in obtaining the Engineer's 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
Engineer's 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 Engineer's mark "NO EXCEPTION TAKEN" in the performance of
the Work.
Review status designations listed on Engineer's submittal review stamp are defined as follows:
1. NO EXCEPTION TAKEN
Signifies material or equipment represented by the submittal conforms with the design concept, complies
with the information given in the Contract Documents and is acceptable for incorporation in the Work.
Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the
submittal are to be transmitted for final distribution.
2. REVISE AS NOTED
Signifies material or equipment represented by the submittal conforms with the design concept, complies
with the information given in the Contract Documents and is acceptable for incorporation in the Work in
accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with
Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned
submittal or written in the letter of transmittal.
3. REJECTED
Signifies material or equipment represented by the submittal does not conform with the design concept or
comply with the information given in the Contract Documents and is not acceptable for use in the Work.
Contractor is to submit submittals responsive to the Contract Documents.
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General Reqs. — 15
F
February 2009
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
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.
1.2 SUBMITTAL REGISTER
A. The Contractor shall complete the Submittal Register and submit with the Final Construction Schedule
submittal. The Contractor must resubmit an updated Submittal Register with each application for progress
payment. A format of the Submittal Register is provided below, Contractor should reproduce this format,
(or an approved alternate) for this register.
B. Instructions for Completing the Submittal Register:
Column 1: References, specification section, and paragraph in which submittal is requested. This will be
done for each item of equipment or material.
Column 2: Describe types of submittal required, i.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.
1.3 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, manufacturer's specifications and data, instructions, performance
characteristics and capacities, and other information specified or necessary:
a. For Engineer to determine that the materials and equipment conform to the design concept and
comply with the intent of the Contract Documents.
b. For the proper erection, installation, and maintenance of the materials and equipment which
Engineer will review for general information but not for substance.
c. For Engineer to determine what supports, anchorages, structural details, connections and services
are required for materials and equipment, and the effect on contiguous or related structures,
materials and equipment.
6. Complete dimensions, clearances required, design criteria, materials of construction and the like to
enable Engineer to review the information effectively.
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General Reqs. — 16
February 2009
' 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.
I . Present in a clear and thorough manner.
' 2. Minimum sheet size: 8-1/ 2" x 11".
3. Clearly mark each copy to identify pertinent products and models.
4. Individually annotate standard drawings, which are furnished, cross out items that do not apply,
describe exactly which parts of the drawing apply to the equipment being furnished.
' 5. Individually annotate catalog sheets to identify applicable items.
6. 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.
7. Clearly identify the following:
a. Date of submission.
' b. Project title and number.
c. Names of Contractor, Supplier and Manufacturer.
d. Specification section number, specification article number for which items apply, intended use of
item in the work, and equipment designation.
' e. Identify details by reference to sheet, detail, schedule or room numbers shown in the Contract
Documents.
f. Deviations from Contract Documents.
g. Revisions on resubmittals.
h. Contractor's 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.
' 1.4 SUBMISSION REQUIREMENTS
' A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no
delay in the Work or in the work of any other contractor.
B. Minimum number required:
1. Shop Drawings.
a. Three (3) copies minimum, two (2) copies which will be retained by Engineer.
1.5 RESUBMISSION REQUIREMENTS
A. Make corrections or changes required by Engineer and resubmit until accepted.
' B. In writing, call Engineer's attention to deviations that the submittal may have from the Contract Documents.
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General Reqs. — 17
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February 2009
C. In writing, call specific attention to revisions other than those called for by Engineer on previous ,
submissions.
D. Shop Drawings
1. Include additional drawings that.may be required to show essential details of any changes proposed by '
Contractor along with required wiring and piping layouts.
END OF SECTION
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General Reqs. — 18 1
February 2009
' SECTION 01410
TESTING
t 1.1 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.
1 Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the
testing. Products may be sampled either prior to shipment or after being received at the site of the work.
C. Tests shall be made by .an accredited testing laboratory selected by the Owner. Except as otherwise
' provided, sampling and testing of all materials'and the laboratory methods and testing equipment shall be in
accordance with the latest standards and tentative methods of the American Society for Testing Materials
(ASTM).
' D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such
information is included under the applicable sections of the Specifications. Any modification of, or
elaboration on these test procedures (which may be included for specific materials under their respective
' sections in the Specifications) shall take precedence over these procedures.
1.2 OWNER'S RESPONSIBILITIES
A. Owner shall be responsible for and shall pay all costs in connection with testing for the following:
1. Soil tests, except those called for under Submittals thereof.
2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by
' Owner.
3. Concrete tests, except those called for under Submittals thereof.
4. Asphalt tests, except those called for under. Submittals thereof.
1.3 CONTRACTOR'S RESPONSIBILITIES
A. In addition to those inspections and tests called for in the General Conditions, the Contractor shall also be
responsible for and shall pay all costs in connection with testing required for the following:
1. All re -testing for Work or materials found defective or unsatisfactory, including tests covered under
section 1.2 above.
2. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to
pave, pour, or fill on schedule for any reason except by action of the Engineer.
B. Contractor shall notify the Testing Laboratory 48 hours prior to performing an operation that would require
testing. Contractor shall notify the City of scheduled testing.
1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM
A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests
of all items of Work, including that of his subcontractors, to ensure conformance to the functional
performance of this project. This control shall be established for all construction except where the Contract
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General Reqs. — 19
SECTION 00020
INVITATION TO BID
Date: February 27,.2009
Sealed Bids will be received by the City of Fort Collins (hereinafter referred
to as OWNER), at the office of the Purchasing Division, 3:00 P.M.; our clock,
on March 25, 2009, for the Drake Road Widening; BID NO. 7020. If delivered,
they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins,
Colorado, 80524. If mailed, the mailing address is P. 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 7020 Drake Road
Widening. This' work shall consist of widening two separate sections of West
Drake Road. The first section is approximately 765 feet long and falls
between the Hampshire Pond and Fox Creek subdivisions on the south side of the
road. The second section is approximately 480 feet long and falls between the
Quail Hollow and Fox Creek subdivisions on the south side of the road. The
improvements to both sections of West Drake will include but are not limited
to earthwork improvements, the installation of concrete sidewalk, the
installation of concrete curb and gutter, the installation of concrete drive
approaches, the installation of hot bituminous pavement, various utility work,
and the planting of a dryland seed mix in the parkways. The top mat for the
pavement will not be included as part of this contract. Erosion control will
also be required as part of this project. Traffic control and surveying for
the project will be provided by the City of Fort Collins.
All Bids must be in
City of Fort Collins,
80524.
accordance with the Contract Documents on file with The '
215 North Mason St., 2nd floor, Fort Collins, Colorado
Contract Documents will be available February 27, 2009.
A prebid conference and job walk with representatives of prospective Bidders
will be held at 10:00 a.m., on Tuesday, March 10, 2009, at 215 N. Mason
Training Room, Fort Collins, CO.
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:
• City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.js
Bids will be received as set forth in the Bidding Documents.
.1
Rev 10/20/07 Section 00020. Page 1
February 2009
Documents provide for specific compliance tests by testing laboratories or engineers employed by the
Owner. The Contractor's control system shall specifically include all testing required by the various
sections of these Specifications.
B. Superintendence: The Contractor SHALL employ a full time Superintendent to monitor and coordinate
all facets of the.Work. Superintendent shall be on site when work is in progress (i.e. weekend work). The
Superintendent shall have adequate experience to perform the duties of Superintendent.
C. Quality Control: Contractor's quality control system is the means by which he assures himself that his
construction complies with the requirements of the Contract Documents. Controls shall be adequate to
cover all construction operations and should be keyed to the proposed construction schedule.
D. Records: Maintain correct records on an appropriate form for all inspections and tests performed,
instructions received from the Engineer and actions taken as a result of those instructions. These records
shall include evidence that the required inspections or tests have been performed (including type and
number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial
action, and corrective action taken. Document inspections and tests as required by each section of the
Specifications. Provide copies to the Engineer weekly.
END OF SECTION
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General Reqs. — 20
February 2009
SECTION 01510
1 TEMPORARY UTILITIES
1.1 UTILITIES
' A. Furnish all utilities necessary for construction.
B. Contractor will furnish water in reasonable amounts for execution of the work at existing fire hydrants
without charge to the Owner. The Contractor shall coordinate and schedule with the Owners' Field
Representative for the Water Department 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. The Contractor shall furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all
necessary labor.
1. Only the Owner shall operate existing valves and hydrants.
' 1.2 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 trailers (if office trailers are required) and a minimum of one at each project work site or as required to
accommodate the number of personnel working on site.
B. Contractor shall properly maintain sanitary facilities of reasonable capacity throughout construction
periods.
C. Contractor to enforce the use of such sanitary facilities by all personnel at the site.
ID. Place facilities out of public view using the greatest practical extent.
' END OF SECTION
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General Reqs. — 21
SECTION 01560
TEMPORARY CONTROLS
1.1 NOISE CONTROL
February 2009
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 7:00 p.m. and 7:00 a.m.
1.2 DUST CONTROL
A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing.
B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be
kept moist with water or by application of a chemical dust suppressant. Chemical dust suppressant shall
not be injurious to existing or future vegetation.
1.3 POLLUTION CONTROL
A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and other
substances resulting from construction activities.
1: Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site.
2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts.
1.4 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. Contractor shall be responsible for obtaining the Storm Water Management Plan Permit for this project.
Permit must be submitted to the City prior to beginning construction.
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General Reqs. — 22
February 2009
F. Contractor shall comply with all terms and conditions of the Colorado permit for Storm Water discharge.
The Storm Water Management Plan and the Erosion Control Plan.
1.5 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.
C. Security measures will be instituted to protect owners of existing facilities during normal operation, but
' will also include such additional security fencing, barricades, lighting, watchman services or other
measures as Contractor feels is required to protect the site.
END OF SECTION
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General Reqs. — 23
February 2009
SECTION 01570
TREE PROTECTION
A. Tree Barriers:
All trees which will be preserved, but are within the limits of construction, must be protected from all
damage associated with construction. A sturdy, physical 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 Poisoning:
During the construction, the Contractor shall not cause, or permit the cleaning of equipment or material
within the root zone of any tree. The Contractor shall not store or dispose of waste material including, but
not limited to; paints, solvents, asphalt, concrete, mortar, or any other material harmful to the life of a tree,
within the root zone of each tree, or group of trees.
C. Root Pruning Specifications:
When the cutting of tree roots is necessary, each final cut must be made as cleanly as possible for all roots
over three (3) inches in diameter using the following method:
1. The line of excavation will be drawn out and appropriate excavation equipment used to clear the area
at least six inches in front of the actual finished excavation line. Roots can then be cut using tools such
as axes, stump grinders, or trenchers.
2. Each root over three (3) inches in diameter will then be cut cleanly back to the excavation line using
stump grinder operated by an experienced licensed arborist. 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 during the tree
protection erection 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 pruning
activities.
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General Reqs. — 24
February 2009
'
E. No damaging attachments, wires, signs, permits or other objects may be fastened by any means to
any tree preserved on this project.
1
F. Violation of Specifications and Penalties for Damaeing 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 The ro anotherP I y'ect. are
valued at $7,960 and $6,667 for the south and north trees respectively. The south tree is
'
approximately 100 inches in circumference, therefore each inch is worth one -hundredth of the
value, or $79.60 per inch. Similarly, the north tree is 91 inches in circumference, making each
inch worth $73.26. To extend this to penalties paid, if one inch of the bark on the south tree is
scuffed, the penalty would be $100 (the minimum allowed); if two inches are damaged, the penalty
'
would be $159.20 and so on up to 50% of the circumference of the trunk. If 50% or more is
damaged, the full value of the tree will be assessed as a penalty. (This example serves to illustrate
how damages will be assessed).
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
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General Reqs. — 25
February 2009
SECTION 01580
1.1 TRAFFIC CONTROL
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.
B. The Contractor and/or City's Traffic Control 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 2 weeks 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. Vehicle, bike and pedestrian access to all side streets and private drives shall be maintained at all times.
The Contractor will develop an access control plan in coordination with adjacent property owners, and
submit it in conjunction with the traffic control plan to the Engineer for approval prior to the start of any
Work. Pedestrian traffic shall be maintained at all times, utilizing temporary sidewalks when necessary.
E. 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.
F. 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.
G. The Contractor shall keep traffic areas free of excavated material, construction equipment, pipe, and
other materials and equipment.
H. The Contractor shall keep fire hydrants and utility control valves free from obstruction and available for
use at all times.
I. 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.
J. Contractor shall accommodate emergency vehicles at all times during construction.
1.2 WORK AREA SAFETY
A. The Owner shall maintain a safe work area and protect area residents, motorists, bicyclists, pedestrians, and
children from work area hazards.
B. TheOwner shall provide all work area safety control devices, such as barricades and safety fence around all
excavations and drop-offs.
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General Reqs. — 26
February 2009
' 1.3 PARKING
A. Provide suitable parking areas for the use of all construction workers and others performing work or
' furnishing services in connection with the Project so as to avoid interference with public traffic, Owner's
operations, or construction activities.
J
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END OF SECTION
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General Reqs. - 27
SECTION 01700
CONTRACT CLOSEOUT
February 2009
1.1 SUBSTANTIAL COMPLETION
A. Substantial Completion for the Drake Road Widening Project shall be defined as the completion of all
pavement, curb and gutter, sidewalks, underground utility work, inlets, storm drainage work and earthwork
and any other pertinent items as required for this project. The roadways must be opened to traffic.
B. Substantial Completion dates or times are outlined in Section 00520 - Agreement.
1.2 FINAL COMPLETION
A. Final Completion shall be defined as 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
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General Reqs. — 28
February 2009
SECTION 01711
' SITE CLEANUP
1.1 GENERAL
' A. Execute cleanup, during progress of the Work, and at completion of the Work.
B. Adequate cleanup will be a condition for recommendation of progress payments.
' 1.2 DESCRIPTION
A. Store volatile wastes in covered metal containers and dispose off site.
' B. Provide on -site covered containers for the collection of waste materials, debris and rubbish.
' C. Neatly store construction materials, such as concrete forms, when not in use.
D. Broom clean adjacent paved surfaces and rake other adjacent surfaces.
' E. The streets adjacent to the construction area shall be cleaned of debris generated by the project by the
Contractor at the earliest opportunity, but in no case shall the street be left uncleaned after the completion
of the day's work. It shall be the Contractor's responsibility to provide the necessary equipment and
materials to satisfactorily clean the roadway at no additional cost to the project. The City's Street
Department will sweep the street at an approximate hourly rate of $70.00 for a minimum of 2 hours. The
Contractor must sign a Contract with the City Street Department prior to requesting street sweeping.
If the streets are not cleaned by the Contractor within 24 hours after having been given notice from
' the Project Engineer, the Project Engineer will have the Streets Department sweep the streets at the
rates listed above and will back charge the Contractor for expenses incurred.
' 1.3 DISPOSAL
A. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams
or waterways.
B. Remove waste materials, clearing materials, demolition materials, unsuitable excavated materials, debris
and rubbish from the site at least weekly and dispose of at disposal areas furnished by Contractor away
from the site.
END OF SECTION
1
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General Reqs. — 29
I
' 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
Rev10/20/07 Section 00020 Page 2
February 2009
SECTION 01720
PROJECT RECORD DOCUMENTS
1.1 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.
1.2 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.
1.3 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.
1.4 SUBMISSION
A. Accompany submittal with transmittal letter in duplicate containing:
1. Date.
2. Project title and number.
3. Contractor's 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
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General Reqs. — 30
February, 2009
' DRAKE ROAD WIDENING PROJECT
' The Colorado Division of Highways "Standard Specifications for Road and Bridge
Construction" (2005), except as revised herein, is hereby adopted as a minimum standard of
compliance for this project. The City of Fort Collins Storm Drainage Construction Standards,
' City of Fort Collins Water Utilities Standard Construction Specifications, LUCASS and
Standards for Streets, and City of Fort Collins Work Area Traffic Control Handbook, shall also
serve as minimum standards of compliance for this project. They are not included in the contract
documents, but may be obtained at the appropriate City Departments. It shall be the Contractor's
' responsibility to purchase and familiarize themselves with all of the City Department
Specifications. These project specifications, City Department specifications, and CDOT
standard specifications are considered minimum standards for compliance on this project. In
those instances where the CDOT Standard Specifications conflict with the City specifications
listed above, the City specifications shall govern. In those instances where the CDOT Standard
Specifications conflict with any of the provisions of the preceding Sections 00001 through
01750, General Requirements, the preceding sections shall govern.
PROJECT CONSTRUCTION SPECIFICATIONS
' INDEX OF REVISIONS
SECTION PAGE
' 202 REMOVALS.......................................................................................................... Technical Specs 2-3
' 203 EXCAVATION AND EMBANKMENT...............................................................Technical Specs 4-5
208 EROSION CONTROL...........................................................................................Technical Specs 6
' 210 RESET STRUCTURES......................................................................................... Technical Specs 7-8
304 AGGREGATE BASE COURSE............................................................................Technical Specs 9
306 RECONDITIONING.........:...............................................................:...................Technical Specs 10
401 PLANT MIX PAVEMENTS - GENERAL............................................................Technical Specs 1 1-15
' 403 HOT BITUMINOUS PAVEMENT.......................................................................Technical Specs 16-18
603 CULVERTS AND SEWERS................................................................................Technical Specs 19
' 604 MANHOLES, INLETS AND METER VAULTS ..................................................Technical Specs 20
607 FENCES.................................................................................................................Technical Specs 21
' 608 SIDEWALKS AND DECORATIVE CROSSWALKS ......................................... Technical Specs 22
609 CURB AND GUTTER...........................................................................................Technical Specs 23
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Technical Specs - 31
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February, 2009
REVISION OF SECTION 202
REMOVALS
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 is revised to include the following:
The Contractor shall remove and dispose of all concrete sidewalk, curb and gutter, crosspans, driveways, inlets,
irrigation structures, pipe, structures, asphalt, fence, trees, retaining walls and any other obstructions that are
designated for removal by the Engineer. All such removals will be measured in the field, and quantities agreed to by
the Contractor and the Engineer.
Subsection 202.02 is revised to include the following:
Remove Asphalt Curb and Gutter - The Contractor shall remove and dispose of all Asphalt curb and gutter and
any other obstructions that are designated for removal by the Engineer. This Asphalt shall be saw cut to the nearest
lane line and will be determined in the field by the Engineer. The saw cutting to remove existing Asphalt Curb and
Gutter shall be considered incidental to the Work and shall not be paid for separately under this item.
Remove Asphalt Drive — The Contractor shall remove and dispose of all Asphalt Drive materials as specified by
the Engineer. The saw cutting to remove existing Asphalt Drives shall be incidental to the Work and shall not be
paid for separately under this item. It shall be the Contractor's responsibility to obtain disposal sites for all unusable
material, which is removed.
Remove Gravel Drive — The Contractor shall remove and dispose of all Gravel Driveways as specified by the
Engineer. It shall be the Contractor's responsibility to obtain disposal sites for all unusable material, which is
removed.
Remove Full Depth Asphalt Pavement to Subgrade — The Contractor shall remove existing asphalt to the
required depth as shown on the plans. The saw cutting to remove Full Depth Asphalt Pavement to Subgrade shall be
incidental to the Work and shall not be paid for separately under this item. It shall be the Contractor's responsibility
to obtain disposal sites for all unusable material, which is removed.
Remove Concrete Channel — The Contractor shall remove the existing 2' wide concrete channel and dispose of all
unusable material offsite. The saw cutting to remove the Concrete Channel shall be incidental to the Work and shall
not be paid for separately under this item.
Remove 12" RCP — The Contractor shall remove existing 12" RCP pipe and dispose of this material offsite.
Remove Type III Barricades — The Contractor shall remove the existing Type III Barricades and dispose of this
material offsite.
Remove Vertical Curb and Gutter - The Contractor shall remove and dispose of all vertical curb and gutter and
any other obstructions that are designated for removal by the Engineer. This concrete curb and gutter shall be saw
cut to the nearest joint and will be determined in the field by the Engineer. The saw cutting to remove existing
Vertical Curb and Gutter shall be considered incidental to the Workand shall not be paid for separately under this
item.
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 Contractor's responsibility to
obtain disposal sites for all unusable material, which is removed.
Subsection 202.07 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
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Technical Specs — 32
' February, 2009
concrete which, due to the Contractor's 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 Contractor's 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 202.11 is revised to include the following:
' The Contractor and the Engineer shall field measure and agree upon the quantity to be removed before the work
commences. Should the Contractor fail to request the Engineer to measure any work, the Contractor shall not be
compensated for materials that were not measured by the Engineer.
The accepted quantities will be paid for at the contract unit price. Saw cutting, excavation, backfill, haul, disposal,
and stockpiling of materials will not be measured and paid for separately. This cost shall be included in the unit
price for each bid item in Section 202.
' Subsection 202.12 is revised to include the following:
Payment will be made under:
Pay Item and Pay Unit
The pay unit is denoted by ()`
202-01 Remove Asphalt Curb and Gutter — (LF)
202-02 Remove Asphalt Drive — (SY)
202-03 Remove Gravel Drive — (SY)
t202-04 Remove Full Depth Asphalt Pavement to Subgrade — (SY)
202-05 Remove Concrete Channel — (LF)
202-06 Remove 12" RCP — (LF)
202-07 Remove Type III Barricades — (EA)
202-08 Remove Vertical Curb and Gutter — (LF)
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment
and incidentals and for doing all work involved in 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.
IEND OF SECTION
I
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Technical Specs - 33
r,
February, 2009
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Section 203 of the Standard Specifications is hereby revised as follows:
Subsection 203.01 is revised to include the following:
Unclassified Excavation - This shall consist of excavation of all materials on the site to final grades, excluding the
bid items listed in Section 202. Excavation of unsuitable material will only be paid for if it is found to be unsuitable
in its original state. This item will be paid for by the cubic yard and this item shall be paid according to plan
quantity.
Embankment (Complete in Place) - All excavated material, except the material being hauled and disposed, shall
be placed as embankment and compacted, to final grades, as specified in Section 203.07. The embankment quantity
was not adjusted to allow for shrinkage during compaction. This item will be paid for by the cubic yard and will be
paid according to plan quantity.
Muck Excavation (Complete in Place) — This shall include excavation of unsuitable material, supplying and
placing Class 1 or 2 Structural Backfill, Pit Run or an approved fill, recompacting material to finish grade, and haul
and disposal of unsuitable material. Muck -excavation of material from rain 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.
Borrow - ABC Class 5 or 6 (Complete in Place) - This shall include supplying, placing, and compacting, aggregate
base course as directed by the Engineer. This item will be measured in the field and paid for by the ton. This item
will not be paid for as Embankment. Borrow material will only be used for fill if there is a shortage of suitable
material onsite and/or as directed by the Engineer and may be used under sidewalks and median hardscaped areas.
Topsoil - (stripping, stockpiling, placing) - All areas that have suitable topsoil material shall be stripped to a depth
of 6 inches. This material shall be stockpiled and placed after the final grades have been established. This item
shall include stripping existing vegetation, temporarily stockpiling, loading, hauling, and placing topsoil material for
back of walk and curb areas, parkway areas, and other designated areas. This item shall be paid according to plan
quantity.
Import Screened Topsoil (6") — This shall include supplying, hauling, placing, and grading screened topsoil
between the new curb and gutter and sidewalk, within the median, and/or as directed by the Engineer of this project.
This material shall be placed and graded on the surface for the future seeding and landscaping. This item will be
measured in the field and paid for by the cubic yard. This item will not be paid for as Embankment.
These items will not be paid separately under items in section 202, 210, 603, or 604.
Embankment and subgrade material shall be compacted to 95% of maximum density at +/- 2% optimum moisture.
Maximum density shall be determined by ASTM D 698. This will apply under the roadway, curb and gutter,
sidewalk, and driveways. Topsoil shall be compacted to 85% of maximum density at/or near optimum moisture.
Excavation and Embankment will only be paid when a significant change in grade is required, as determined by the
Engineer. Minor cuts and fills shall be considered incidental to the work, and shall not be paid separately
under this section. 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 1 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 not be paid for separately but will be paid under the Muck Excavation item. The proposed material shall meet
the following minimum requirements:
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Technical Specs — 34
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February, 2009
LL Maximum: 30
' PI Maximum: 6
"R" Value Minimum: 78
The minimum strength coefficient of the Aggregate Base Coarse shall be 0.11.
iAfter 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 ripped, scarified, wetted or dried if necessary, and re -compacted to the requirements for density
and moisture at the Contractor's expense. Where unsuitable material is encountered, the Engineer may require the
Contractor to remove the unsuitable materials and backfill to the finished grade with approved material. The
' completed subgrade shall be proof -rolled again after placement of approved material. This will be paid for at the
contract unit price for Muck Excavation.
The Contractor shall refer to the plans for re -grading information. This work shall include all excavation,
embankment, and grading required to prepare these sites for landscaping.
Subsection 203.14 is revised to include the following:
Payment will be made under:
Pay Item and Pay Unit
' The pay unit is denoted by ().
203-01 Unclassified Excavation— (CY)
203-02 Embankment -CIP — (CY)
203-03 Muck Excavation — (CY)
' 203-04 Borrow — (CY)
203-05 Topsoil (Stripping, Stockpiling, Replacing) — 6 Depth — (CY)
203-06 Imported Screened Topsoil — (Parkways) — 6" Depth — (CY)
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 & Leveling, 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
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Technical Specs — 35
February, 2009
REVISION OF SECTION 208
EROSION CONTROL
Section 208 of the Standard Specifications is hereby revised as follows:
Subsection 208.01 is revised to include the following:
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. The tracking pad
shown on the plans shall be included and considered incidental to the work. This item will be paid for as a lump
sum price 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 restabilized
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.
Subsection 208.07 is revised to include the following:
The accepted quantities will be paid for at the contract unit price.
Payment will be made under:
Pay Item and Pay Unit
The pay unit is denoted by ().
208-01 Erosion Control — (LS)
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals and for doing all work involved in installing and maintaining erosion control, complete -in -place, as
specified in these specifications, and as directed by the Engineer.
END OF SECTION
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Technical Specs — 36
1 February, 2009
REVISION OF SECTION 210
RESET STRUCTURES
Section 210 of the Standard Specifications is hereby revised as follows:
' Subsection 210.10 is revised to include the following:
' Work contained in this Subsection shall meet the requirements of the current City of Fort Collins and Fort Collins -
Loveland Water District Utilities, Standard Construction Specifications or other applicable water utility agency
standard construction specifications.
' The Contractor shall cooperate and coordinate with the City Water Utilities Department and Fort Collins -
Loveland Water District or other applicable water utility when shutting off water to minimize downtime to
customers. The Contractor shall also coordinate work involving the relocation of fire hydrants, water meters, curb
stops, and water valves, and lowering water and sewer service lines, and water lines. The Contractor shall supply all
materials required to complete the work that is not supplied by the City or other applicable water utility, and these
materials shall be included in the costs of each item. This shall include, but not be limited to; new copper line and
fittings, new stop boxes, meter pits, excavation, backfill and compaction. New copper fittings, stop boxes, and
meter pits will be required at each location.
' All structures located in bituminous pavements to be surfaced shall be adjusted prior to, or during paving operations.
All structures located within a concrete pavement shall be adjusted prior to 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 prior to commencing the work. The adjustments shall be made as noted below.
' All structures shall be adjusted to be +/- 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 (i.e. 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 — 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).
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February, 2009
Water Meters — The relocation of water meters are shown on the plans. The Engineer may also request meters to
be relocated that are not shown on the plans. The Fort Collins -Loveland Water District Water Utility or other
applicable water utility will not provide any materials to complete this Work. The Contractor shall notify the
water utility prior to performine this work. The Contractor shall supply all materials required to complete the
Work. This shall include, but not limited to, new copper line and fittings, new stop box, complete meter pit
assembly, excavation, bedding, backfill and compaction into his/her item cost. This item will be paid under Water
Meter — (EA).
Relocate Mailboxes — This item will consist of relocating existing mailboxes to locations indicated on the plans.
The mailboxes must be relocated at the beginning of the construction and must be accessible to the owner and the
U.S. Postal Service at all times. All relocation work must be governed by the U.S. Postal Service. This item will
be paid per each mailbox relocated.
Subsection 210.13 is revised to include the following:
Payment will be made under:
Pay Item and Pay Unit
The pay unit is denoted by ( ).
210-01 Remove and Relocate Mailbox— (EA)
210-02 Relocate Landscaping Boulders — (EA)
210-03 Remove and Relocate Gate — (EA)
210-04 Remove and Relocate Water Meter and Curb Stop — (FCLWD) — (EA)
210-05 Adjust Water Valve Box — (EA)
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 materials, haul and disposal, excavation, bedding material, backfill, and
compaction as shown on the plans, as specified in these specifications, and as directed by the Engineer.
END OF SECTION
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Technical Specs — 38
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February, 2009
REVISION OF SECTION 304
AGGREGATE BASE COURSE
Section 304 of the Standard Specifications is revised as follows:
Subsection 304.01 is revised to include the following:
This work shall consist of placing 9" of Aggregate Base Course (Class 5 or 6) over previously prepared pavement
subgrade 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.
Soil sterilization shall be applied under all new asphalt paving and shall be considered incidental to the work.
Sterilization shall not be paid for separately under this item.
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 ().
304-01 Aggregate Base Course - 9" — (TON)
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment
and incidentals and for doing all work involved in Aggregate Base Course including haul, sterilization, and water.
The work will be complete -in -place, as shown on the plans, as specified in these specifications, and as directed by
the Engineer.
END OF SECTION
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Technical Specs - 39
SECTION 00100
INSTRUCTIONS TO BIDDERS
February, 2009
REVISION OF SECTION 306
RECONDITIONING
Section 306 of the Standard Specifications is hereby revised for this project as.follows:
Subsection 306.02 is revised to include the following:
The top 8" of the entire subgrade, including fill areas, (curb, gutter and sidewalk; and pavement areas) shall be
reconditioned by scarifying and recompacting. The subgrade 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 roadbase as a fine grading material or a material to
mitigate over excavated or rain damaged areas this shall be entirely the Contractor's cost and shall be considered
incidental to the Work. The Contractor shall be paid. for reconditioning, if reconditioning has been attempted, and
muck excavation in the event that unsuitable material is encountered and removed at the direction of the Engineer.
It shall be at the Engineer's discretion to determine if the Contractor has made a sufficient effort to control the
moisture in the subgrade material and made a reasonable effort to recondition the subgrade.
Soil sterilization shall be applied under all new asphalt paving
and shall be considered incidental to the work. Sterilization
shall not be paid for separately under this item.
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 Reconditioning (8") - (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
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Technical Specs — 40
r�
February, 2009
REVISION OF SECTION 401 & 703
PLANT MIX PAVEMENTS — GENERAL & AGGREGATES
Section 401 and 703 of the Standard Specifications is hereby revised as follows:
Subsection 401.02 is hereby revised to include the following:
Requests made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer.
A 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 401.02, 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 wholly within
the Master Range Table, Tables 703-3A, B, and C, before the tolerances shown in Table 401-1 are applied. The
weight of lime shall be included in the total weight of the material passing the 75 mm (No. 200) sieve. The
restricted zone boundaries shown for all gradings in Tables 703-3A, 703-3B, and 703-3C are to be used as
guidelines in mix design development. However, the 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 401.02 delete Table 401-1, including the footnotes, and replace with the following:
(TABLE 401-113itumen Content ±0.3%
'Asphalt Recycling Agent —0.2%
Temperature of Mixture When Discharged from Mixer ±10°C
j`Hot Bituminous Pavement - Item 403
�Passing the 9.5 mm (3/82) and larger sieves ±6%
Passing the the 4.75 mm (No. 4) and 2.36 mm (No. 8) sieves ±5% I
Passing the 600 mm (#30) sieve ±4% j
Passing the 75 mm (#200) sieve ±2%
[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.
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Technical Specs — 41
February, 2009
Delete Subsection 401.07 and replace with the following:
Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and
ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the
temperatures specified in Table 401-3 and the Engineer determines that the weather conditions permit the pavement
to be properly placed and compacted.
Table 401-3
Placement Temperature Limitations in °C
Compacted Layer
Minimum Surface and Air
Thickness in
Temperature °C ff)
mm (inches)
Top
Layers Below
Layer
Top Layer
<38 (1'/2)
15 (60)
10 (50)
38 (1'/2) - <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 I
the new pavement is to be placed.
If the temperature falls below the minimum air or surface temperatures, paving shall stop.
The Contractor shall schedule the work so that no planed or recycled surface is left without resurfacing for more
than 10 calendar days during the period specified in Table 401-3A, below. The Contractor shall immediately place a
temporary hot bituminous pavement layer on any surface that has been planed or recycled and can not be resurfaced
in accordance with the above temperature requirements within 10 calendar days after being planed or.recycled. The
minimum thickness of the temporary hot bituminous pavement layer shall be 50 mm (2 inches). The Contractor shall
perform the quality control required to assure adequate quality of the hot bituminous pavement used in the
temporary layer. All applicable pavement markings shall be applied to the temporary layer surface. The Contractor
shall maintain the temporary layer for the entire period that it is open to traffic. Distress which affects the ride,
safety, or serviceability of the temporary layer shall be immediately corrected to the satisfaction of the Engineer.
The temporary hot 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
September 5 to April 1
and including 2600 in (8500 feet)
All areas above 2600 in (8500 feet)
August 20 to May 15
In Subsection 401.15, delete the third and fourth paragraphs (including table) and replace with the following:
The minimum temperature of the mixture when discharged from the mixer and when delivered for use shall be as
shown in the following table:
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Technical Specs — 42
H
F
Asphalt Grade
Minimum Mix Discharge
Temperature, °C (IF)*
reoruar
Minimum Delivered
Mix Tem erature, °C (OF)**
PG 58-28
135 (275)
113 (235)
PG 58-22
138 (280)
113 (235)
PG 64-22
143 (290)
113 (235)
AC-20 Rubberized
160 (320)
138 (280)
PG 76-28
160 (320)
138 (280)
PG 70-28
149 (300)
138 (280)
PG 64-28
149 (300)
138 (280)
PG 58-34
149 (300)
138 (280)
2009
* The maximum mix discharge temperature shall not exceed the minimum discharge temperature
by more than 17°C (30 (OF) .
** 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 401.16 is hereby revised to include the following:
The mixture shall be laid upon an approved surface, spread and struck off to provide for drainage to the side(s) of
the roadway with a minimum cross slope of two percent (2%) or as directed by the Engineer.
In subsection 401.17, first paragraph, delete the last two (2) sentence and replace with the following:
When the mixture contains unmodified asphalt cement (PG 58-28, PG 58-22, or PG 64-22) or modified (PG 58-34),
and the surface temperature falls below 85°C (185 OF), no further compaction effort will be permitted unless
approved. If the mixture contains modified asphalt cement (AC-20R, PG 76-28, PG 70-28, or PG 64-28) and the
surface temperature falls below 110°C (230 OF), no further compaction effort will be permitted unless approved.
Subsection 401.17 is hereby revised to include the following:
All pneumatic tire rubbers shall be equipped with rubber skirts
In subsection 703.04 delete Table 703-3 and replace with Tables 703-3A, B, and C as follows:
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Technical Spec. - 43
February, 2009
TABLE 703-3A
Master Range Table for Hot Bituminous Pavement (Grading S)
I y Sieve
j Size
i
Percent by Weight
Passing Square Mesh
Sieves
Restricted Zone Boundary (Guideline)
Minimum
Maximum
j 37.5 mm (1'/z")
25.0 mm (1")
100
19.0 mm (3/a")
i
90 - 100
12.5 mm ('/2")
9.5 mm (/8-)
4.75 mm (#4)
2.36 mm (#8)
23 - 49
34.6
34.6
1.18 mm (#16)
22.3
28.3
600 mm (#30)
i
*
16.7
20.7
300 mm (#50)
13.7
13.7
150 mm (#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.
TABLE 703-3B
Master Range Table for Hot Bituminous Pavement (Grading SX).
I Sieve
Size
Percent by Weight
Passing Square Mesh
Sieves
Restricted Zone Boundary (Guideline)
Minimum
Maximum
37.5 mm (1'h")
i
25.0 mm (I")
19.0 mm (3/a")
�
100
3
I 12.5 mm ('/2")
90 - 100
9.5 mm ( 8")
i
4.75 mm (#4)
2.36 mm (#8)
i
28 - 58
39.1
39.1
1.18 mm (#16)
25.6
31.6
f 600 mm (#30)
*
19.1
23.1
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Technical Spec. - 44
February, 2009
300 mm (#50)
15.5
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.
TABLE 703-3C
Master Range Table for Hot Bituminous Pavement (Grading SG)
Sieve
Size
Percent by Weight
Passing Square Mesh
Sieves
Restricted Zone Boundary (Guideline)
Minimum
Maximum
j 37.5 mm (1'/2")
100
25.0 mm (1 ")
90 - 100
j 19.0 mm (3/a")
12.5 mm (1/z")
* .
I 9.5 mm (/8.•)
4.75 mm (#4)
*
39.5
39.5
2.36 mm (#8)
19 - 45
26.8
30.8
1.18 mm (#16)
18.1
24.1
600 mm (#30)
4
*
13.6
17.6
300 mm (#50)
11.4
11.4
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
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Technical Spec. - 45
February, 2009
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:
Asphalt 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.
Hot Bituminous Pavement — This shall consist of constructing one or more courses of HBP Grading S
& SG over existing pavement or subgrade surfaces previously prepared by the contractor or City of
Fort Collins Crews.
Subsection 403.02 is revised to include the following:
Laboratory Mix Design — Grading S & SG - The mix designs shall be prepared by an independent laboratory
acceptable to the Engineer and shall be submitted by the Contractor to the Engineer for approval a minimum on one
(1) month prior to the beginning of paving for this project. The criteria for the mix design is as follows:
HBP Grading S & SG
ESAL's = Drake Road: 1,095,000
Binder: PG 64-28
Designed according to the most recent set of SUPERPAVE Specifications available.
SEE TABLE 403-1 NEXT PAGE FOR DESIGN CRETERIA
A request made in writing by the Contractor for changes in the job 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.
A maximum of 20% reclaimed material will be allowed for HBP Grading SG.
The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations
end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule
shall show the methods to be used to comply with this requirement.
PAVEMENT SECTION: Drake Road
Grading SG 4"
Aggregate Base Coarse 9"
t
The design mix for Grading S, SX, and SG shall conform to the following:
TABLE 403-1
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Technical Spec. - 46
0
1
F
February, 2009
Property
Test
Grading S
Grading SG
Grading Sx
Method
N/A this
Project,�.
Air Voids, percent at:
CPL 5115
j N (initial)
> 11.0
> 11.0
> 11.0
j N (design)
3.0 - 5.0
3.0 - 5.0
3.0 - 5.0 '
i N (maximum)
> 2.0
> 2.0
> 2.0 j
Lab Compaction (Revolutions):
CPL 5115
N (initial) (a)
8
g
(a)
N (design)(b)
109
109
(b)
N (maximum) (a)
174
174.
(a)
Stability, minimum (a)
CPL 5106
42
42
(a)
(for information)
Aggregate Retained on the 4.75 mm
CP 45
60
60
60
(No. 4) Sieve with at least two
+ Mechanically Induced Fractured
Faces, % minimum
elerated Moisture Susceptibility
CPL 5109
80
80
80
sile Strength Ratio (Lottman),
Method B
mum
i
imum Dry Split Tensile
CPL 5109
205 (30)
205 (30)
205 (30)
Strength, kPa (psi)
Method B
e of Asphalt Cement
PG 64-28
PG 64-22
PG 64-22 f
Layer
[Grade
of Asphalt Cement Layers
PG 64-28
PG 64-22
PG 64-22
w Tos
in the Mineral Aggregate
CP 48
14.0
12.0
(a)
A) %minimum (a)s
Filled with Asphalt (VFA) %
AI MS-2
65-75
65-75
(a)
(a) Current CDOT Design Criteria
(b) Residential 50, Collector 75, Arterial 100
Note: AIMS-2 = Asphalt Institute Manual Series 2
Note: The current version of CPL 5115 is available from the Region Materials Engineer.
Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached
with caution because of constructabiliiy 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 225degree F.
' Emulsified Asphalt for tack coat shall be Grade CSS-lh. The tack coat shall consist of a 1:1 dilution (one (1) part
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Technical Spec. - 47
11
February, 2009
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. The saw cutting shall be
considered incedental to the work and will not be paid for separately under this item. Tack coat shall be placed
against clean, vertical edges on all sides of the area to be patched.
Hot Bituminous Pavement Grading S and 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 1/2) 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 Brice for Hot Bituminous Pavement.
Subsection 403.04 shall include the following:
Hot Bituminous Pavement Grading SX, SG, and S, 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 Bituminus Pavement — Grading SG (4" Depth) — (PG 64-22) — (TON)
403-02 Hot Bituminus Pavement — Grading SG (4" Depth) - Driveways — (PG 64-22) — (TON)
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all the work involved in Hot Bituminous Pavement and Asphalt Patching, including
pavement cutting, excavation, subgrade preparation, haul and disposal, compaction, rolling, surface preparation,
and bituminous materials, complete in -place, as shown on these plans, as specified in these specifications, and as
directed by the Engineer.
END OF SECTION
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Technical -Spec. - 48
1 February, 2009
e REVISION OF SECTION 603
CULVERTS AND SEWERS
' Section 603 of the Standard Specifications is hereby revised as follows:
Subsection 603.01 is revised to include the following:
This work shall consist of the construction and reconstruction of reinforced concrete pipe, pipe encasement, pipe
connections, and joint encasement in accordance with the plans,. specifications, and the City of Fort Collins Storm
Drainage Design Criteria and Construction Standards. It shall be the Contractor's 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 18" RCP Class III- FES — (EA)
603-03 12" SDR-35 Pipe (Irrigation Line) — (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 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.
1
END OF SECTION
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Technical Spec. - 49
SECTION 00100
INSTRUCTIONS TO BIDDERS
' 1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the
' Standard General Conditions of the Construction Contract (No. 1910-8,
1990 ed.) have the meanings assigned to them in the General Conditions.
The term "Bidder" means one who submits a Bid to OWNER, as distinct from
' a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder"
means the lowest, qualified, responsible and responsive Bidder to .whom
OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term. "Bidding Documents" includes the Advertisement or
Invitation to Bid, Instructions to Bidders, the Bid Form, and the
proposed Contract Documents (including all Addenda issued prior to
receipt of Bids).
' 2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
' Invitation to Bid. No partial sets will be issued. The Bidding
Documents may be examined at the locations identified in the Invitation
to Bid.
' 2.2. Complete sets of Bidding Documents shall be used in preparing Bids;
neither OWNER nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
' Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410,
' 00420, and 00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available
on the above terms, do so only for the purpose of obtaining Bids on the
Work and do not confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
' 3.1 To demonstrate qualifications to perform the Work, each Bidder must
submit at the time of the Bid opening, a written statement of
' qualifications including financial data, a . summary of previous
experience, previous commitments and evidence of authority to conduct
business in the jurisdiction where the Project is located. Each Bid must
contain evidence of Bidder's qualification to do business in the state
where the Project is located or covenant to obtain such qualification
prior to award of the contract. The Statement of Qualifications shall be
prepared on the form provided in Section 00420.
' 3.2. In accordance with Section 8-160 of the Code of the City of Fort
Rev10/20/07 Section 00100 Page 1
February, 2009
REVISION OF SECTION 604
MANHOLES, INLETS, AND METER VAULTS
Section 604 of the Standard Specifications is hereby revised as follows:
Subsection 604.01 is revised to include the following:
This work shall consist of the construction of manholes, CDOT Type `R' inlets, area 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 Contractor's responsibility to purchase and
familiarize themselves with, these specifications. The Contractor shall include the cost of excavation, backfill,
compaction, and installation and maintenance of erosion control into each item listed in this section.
The Contractor shall clean all sediment caught in the storm sewer system due to this project. The frequency of the
cleaning shall be at the direction of the Engineer. The Contractor will not be allowed to flush the pipes with water.
All Erosion Control Devices, Materials, and Techniques required to prevent damage to the storm water facilities as
outlined in the City of Fort Collins Standards will be considered incidental to the work, and shall be included in the
price. No measurement for payment shall be made for maintenance of Erosion Control devices.
Subsection 604.08 is revised to include the following:
The accepted quantities will be paid for at the contract unit price.
Payment will be made under:
Pay Item and Pay Unit
The pay unit is denoted by ().
604-01 2'X10' Metal Sidewalk Chase = (EA)
604-02 4' Diameter Manhole — (EA)
604-03 Concrete Headwall Per Detail — (EA)
604-04 Concrete Collar
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
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Technical Spec. - 50
February, 2009
REVISION OF SECTION 607
FENCES'
' Section 607 of the Standard Specifications is hereby revised as follows:
Subsection 607.01 is revised to include the following:
3-Wire Fence — Follow Section 710 from Colorado Highway Specifications for installation of new fence. This item
consists of installing new fence and will be paid for by the linear foot.
' 3 Rail Wood Dowel Fence — Follow Section 710 from Colorado Highway Specifications for installation of new
fence. This item consists of installing new fence and will be paid for by the linear foot.
Subsection 607.04 is revised to include the following:
The accepted quantities will be paid for at the contract unit price.
Payment will be made under:
Pay Item and Pay Unit
The pay unit is denoted by ().
607-01 3-Wire Fence — (LF)
607-02 3-Rail Wood Dowel Fence — (LF)
607-03 Install 12" Metal Gate @ Irrigation Access Road — (EA)
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals and for doing all work listed above: complete in place, as specified in these specifications, and as
directed by the Engineer.
END OF SECTION
w '
1
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Technical Spec. - 51
February, 2009
REVISION OF SECTION 608
SIDEWALKS AND DRIVE APPROACHES
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, 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.
Proportioning shall conform to the requirements for Class "B" concrete as described in Section 601
Subsection 608.02 is revised to include the following:
The Concrete Drive Approach (8") items will be measured by the square foot of finished flatwork. 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 curb return.
Subsection 608.05 is revised to include the following:
The Concrete Sidewalk (6"), Access Ramps w/truncated domes, Drive Approach (8") and Drive Approach (8 1/2")
items will be measured by the square foot of finished flatwork. The price for the Access Ramps 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 curb return.
Subsection 608.06 is revised to include the following:
The accepted quantities will be paid for at the contract unit price.
Payment will be made,under:
Pay Item and Pay Unit
The pay unit is denoted by ().
608-01 Concrete Sidewalk (6") — (SF)
608-02 Concrete Drive Approach (8") — (SF)
608-03 Concrete Trickle Pan 2' Wide w/6" Curbs — (U)
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, as specified in these
specifications, and as directed by the Engineer.
END OF SECTION
SAPurchasing\Bids\2009 BIDS 7002\7020 Drake Road Widening\7020 Drake Road Widening.doc
Technical Spec. - 52
1 February, 2009
' REVISION OF SECTION 609
CURB AND GUTTER
' Section 609 of the Standard Specifications is hereby revised as follows:
Subsection 609.01 is revised to include the following:
This work shall consist of the construction of cast in place vertical 6" curb and gutter in accordance with the details
and these specifications. The unit price bid per linear foot of curb and gutter, no sidewalk, includes construction of
curb and gutter sections, complete and in place, measured along the flow line. Removal of curb and gutter is not
included in this section, but will be measured and paid separately as described in Section 202.
It is the Contractor's responsibility to adequately protect their Work from damage by weather, 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 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
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 Driveway Curb Cuts - (LF)
The above prices and payments sha
ll 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
I
1
SAPurchasing\Bids\2009 BIDS 7002\7020 Drake Road Widening\7020 Drake Road Widening.doc
1 Technical Spec. - 53
1
No Text
I
Collins in determining whether a bidder is responsible, the following
shall be considered: (1) The ability, capacity and skill of the bidder to
'
perform the contract or provide the services required, (2) whether the
bidder can perform the contract or provide the service promptly and
within the time specified without delay or interference, (3) the
'
character, integrity, reputation, judgment, experience and efficiency of
the bidder, (4) the quality, of the bidder's performance of previous
contracts or services, (5) the previous and existing compliance by the
bidder with laws and ordinances relating to the contract or service, (6)
,
the sufficiency of the financial resources and ability of the bidder to
perform the contract or provide the ,service, (7) the quality,
availability and adaptability of the materials and services to the
'
particular use required, (8) the ability of the bidder to provide future
maintenance and service for the use of the subject of the contract, and
(9) any other circumstances which will affect the bidder's performance of
the contract.
'
3.3. Each Bidder may be required to show that he has handled former Work
so that no just claims are pending against such Work. No Bid will be
'
accepted from a Bidder who is engaged on any other Work which would
impair his ability to perform or finance this .Work.
'
3.4 No Bidder shall be in default on the performance of any other
contract with the City or in the payment of any taxes, licenses or other
monies due to the City.
'
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid,
to (a) examine the Contract Documents thoroughly, (b) visit the site to
familiarize himself with local conditions that may in any manner affect
cost, progress or performance of the Work, (c) familiarize himself with
federal, state and local laws, ordinances, rules and regulations that may
in any manner affect cost, progress or performance of the Work, (d) study
and carefully correlate Bidder's observations with the Contract
Documents, and (e) notify Engineer of all conflicts, errors or
discrepancies in the Contract Documents.
4.2. Reference is made to the Supplementary Conditions for.identification
of: Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement
of this Article 4, that without exception the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and
such means, methods, techniques, sequences or procedures of construction
as may be indicated in or required by the Contract Documents, and that
the Contract Documents are sufficient in scope and detail to indicate and
Rev 10/20/07 Section 00100 Page 2
City of
Fort Collins
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid: 7020 Drake Road_Widening
OPENING DATE: 3:00 P.M. (Our Clock) March 25, 2009
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
/cgo v. corn/purchasing
To all prospective bidders under the specifications and contract documents described
above, the following changes are hereby made.
CHANGE:
I. Revisions to the Project Special Provisions:
A. Revision of Section 210, Reset Structures:
Eliminate "Relocate Mailboxes" item under the revision of section 210.10 in the
Technical Specifications. The temporary and permanent relocation of all the
mailboxes on the site will be governed by 210.06 "Mailbox" as is specified in the
Colorado Department of Transportation's Standard Specifications for Road and
Bridge Construction. Payment for this work will continue to fall under:
Pay Item Pay Unit
210-01 Remove and Relocate Mailboxes EA
B. Revision of Section 403, Hot Bituminous Pavement:
Please replace "Revision of Section 403" with. the update specification included
with this addendum.
Payment will be made under:
Pay Item Pay Unit
403-01 Hot Bituminous Pavement —
Grading SG (3" Depth)(PG58-28) TON
403-02 Hot Bituminous Pavement Grading SG
Driveways (4" Depth)(PG58-28) TON
403-03 Hot Bituminous Pavement —
Grading S (2" Depth)(PG58-28) TON
' convey understanding of all terms and conditions for performance and
furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to
be submitted in writing to the Engineer and the OWNER. Interpretation or
' clarifications considered necessary in response to such questions will be
issued only by Addenda. Questions received less than seven days prior to
the date for opening of the Bids may not be answered. Only questions
' answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this 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 theform 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.
Rev 10/20/07
Section 00100 Page 3
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be
substantially complete and also completed and ready for Final Payment
(the Contract Times) are set forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
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.
Rev10/20/07 Section 00100 Page 4
' 11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which
may be retained by the Bidder. A separate unbound copy is enclosed for
submission with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices
on the form must be stated in words and numerals; in case of conflict,
words will take precedence. Unit prices shall govern over extensions of
SUMS.
' 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 asset 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
Rev 10/20/07 Section 00100 Page 5
1
the notation "BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the
time and date for receipt of Bids indicated in the Invitation to Bid, or
any extension thereof made by addendum. Bids received after the time and
date for receipt of Bids will be returned unopened. Bidder shall assume
full responsibility for timely delivery at the location designated for
receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and
will not receive consideration.
13.4. No Bidder may submit .more than one Bid. Multiple Bids under
different names will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly
executed (in a manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or
an authorized representative provided he can prove his identity and
authority at any time prior to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for
the receipt of Bids provided that they are then fully in conformance with
these Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud
publicly as indicated in the Invitation to Bid. An abstract of the
amounts of the Base Bids and major alternates (if any) will be made
available after the opening of Bids..
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the
Bid Opening, but OWNER may, in his sole discretion, release any Bid and
return the Bid Security prior to that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any
and all informalities not involving price, time or changes in the Work,
to negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional
Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if
Rev10/20/07 Section 00100 Page 6
' OWNER believes that it would not be in the best interest of the Project
to make an award to that Bidder, whether because the Bid is not
responsive or the Bidder is unqualified or of doubtful financial ability
or fails to meet any other pertinent standard or criteria established by
' OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating
Bids, OWNER
will
consider the qualifications of the
'
Bidders, whether or not
the Bids
comply
with the prescribed requirements,
and such alternates,
unit prices
and
other data, as may be requested in
the Bid Form or prior
to the Notice of
Award.
17.3. OWNER may
consider
the
qualification and experience of
Subcontractors, Suppliers, and other persons and organizations proposed
for those portions of the Work as to which the identity of
Subcontractors, Suppliers, and other persons and organizations is
submitted as requested by OWNER. OWNER also may consider the operating
' costs, maintenance requirements, performance data and guarantees of•major
items of materials and equipment proposed for incorporation in the Work
when such data is required to be submitted prior to the Notice of Award.
' 17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed
' Subcontractors, Suppliers and other persons and organizations to do the
Work in accordance with the Contract Documents to OWNER's satisfaction
within the prescribed time.
I1
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
Rev 10/20/07
Section 00100 Page 7
accompanied by the required number of unsigned counterparts of the
Agreement with all other written Contract Documents attached. Within
fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the
required number of counterparts of the Agreement and attached documents
to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER
shall deliver one fully signed counterpart to CONTRACTOR. Each
counterpart is to be accompanied by a complete set of the Drawings with
appropriate identification.
20.0 TAXES.
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.
f
Purchasing restrictions: The Bidder's authorized signature of this Bid
assures the Bidder's compliance with the City's purchasing restrictions.
A copy of the resolutions are available for review in the Purchasing and
Risk Management Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121
requires that suppliers and producers of cement or products
containing cement to certify that the cement was not made in cement
kilns that burn hazardous waste as a fuel.
23.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or
sham Bid will be rejected and reported to authorities as such. Your
authorized signature of this Bid assures that such Bid is genuine and is
not a collusive or sham Bid.
24.0 BID RESULTS.
For information regarding results for individual Bids send a self-
addressed, self -stamped envelope and a Bid tally will be mailed to you.
Bid results will be posted in the Purchasing office seven (7) days after
the Bid Opening.
END OF SECTION
Rev10/20/07 Section 00100 Page 8
1
1
PROJECT:
SECTION 00300
BID FORM
Place Fort Collins, Colorado
Date March 25, 2009
1. In compliance with your Invitation to Bid dated February ,27, 2009 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 Five Percent
($ 5% ) 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: Employers Mutual Casualty Co. P.O. Box 712 Des Moines IA 50303
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.
1 through 2
Rev 10/20/07
Section 00300 Page 1
® _ .
Drake Road Widening Project:
Addendum 1 CONSTRUCTION YEAR: 2009
CITY OF FORT COLLINS, CAPITAL PROJECTS
CONTRACT CONTRACT
ITEM QUANTITY QUANTITY TOTAL
NUMBER nFSr•RioTrnri U.. --
601 ... �� ,:. ��':.`5.... . i �k:�^�'�
; ♦'.kf�. A�. rik ,��
.. u...:n�^,;..�
IVIML
w1Y.P �:...
Lvu* I
vyQi� ,r,%
�.:' �
202-01
Remove As halt Curb and Gutter
...��.§�.y�."�d..A •e., .,:i
LF 233
t4 .. ly'fr
y
2.00 $ 466700
233
0
202-02
Remove Asphalt Drive
60
86
SY 146
3.00 $ 438700
202-03
Remove Gravel Drive
60
0
SY 60
2.00 $ 120:00
202-04
Remove Full Depth Asphalt Pavement to Subgrade
400
325
SY 725
5.00 $ 3,625700
202-05
Remove Concrete Channel
0
24
LF 24
14.00 $ 336 - 0
202-06
Remove 12" RCP
0
20
LF 20
12.00 $ 240 700
202-07
Remove Type III Barricades
2
3
EA 5
150.00 $ 750.00
202-08
Remove Vertical Curb and Gutter
30
20
LF 50
10.00 $ 500.00
203-01
Unclassified Excavation
205
180
CY
385
10.00
$ 3 850 : 00
203-02
Embankment
135
250
CY
385
2.00
$ 770:00
203-03
Muck Excavation
100
100
CY
200
2.00
$ 400.00
203-04
203-05
Borrow
To oil(Strip", Stockpiling,Replacing) 6" Depth
0
150
975
235
CY
975
6.00
$ 5 850 -00
203-06
Imported Screened Topsoil - (Parkways) 6" Depth
35
60
CY
CY
385
95
4.00
18.00
$ 1 540:00
$
208-01
Erosion Control
0.5
0.5
LS
1
$ i snn -
210-01
Remove and Relocate Mailboxes
3
1
EA
4
200.00
$ 800 -0
210-02
Relocate Landscaping Boulders
0
2
EA
2
100.00
$ 200 -00
210-03
Remove and Relocate Gate
0
1
EA
1
250 00
$ 250.-00
Remove and Relocate Water Meter & Curb Stop
210-04
(FCLWD) and COFC
1
2
EA
3
1500.00
$ 4 500 -00
210-05
Adjust Water Valve Box
0
2
EA
2
300.00
$ 600. 00
304-01
Aggregate Base Course - 9"
390
640
TN
1030
13.00
$ 13 39a. 0
306-01
Reconditioning - 8'
635
1340
SY
1975
2.00
$ 3 , 95(l. 0
Hot Bitummus Pavement Grading SG (PG;58 28)� 3"
403-01
De ¢
171 r . • °:
:." 276. ::. '
TN
; 447 . y
56 00
$ 25 0 0
H6t Situminus Pavement Grading SG (PG 58 28) 4"
403-02
De D`rivewa` r
13
40
TN
53
60.00
$ 3 180.
Hot Bituriiinus Pavement Grading P (PG 58 28)2"
403-03
De
:114 ..
184 ... '
TN
298 :.
56.00
$16 68
Drake Road Widening Project:
Addendum I
CONSTRUCTION YEAR:
2009
CITY OF FORT COLLINS, CAPITAL PROJECTS
CONTRACT CONTRACT
ITEM
QUANTITY QUANTITY
TOTAL
NUMBER DESCRIPTION
WEST EAST
UNIT TOTAL
COST COST
l0Jk#jRN@"0iWE,,,'rJe
"-7 Raw IN
603-01
603-02
603-03
118" RCP Class 111
.18"RCP FES Class 111
12" SDR-35 Pipe (Irdgation Line )
0
0
0
20
2
LF
EA
LF
20
2
55.00
500.00
34.00
$ 1,100-.0C
$ 1 , 000-. OC
$ 3, 944.0
604-01
604-02
604-03
604-04
2'X I O'Metal Sidewalk Chase
4'
Concrete Headwall Per Detail
Concrete Collar
0
0
0
0
1
1
1
1
EA
EA
EA
EA
1
1
1
1
1850.00
1800.00
900.00
250.00
$ 1.850-.0C
$ 1,800-.0c
$ - goo-- 0C
$ 250-. OC
607-01
607-02
607-03
3-Wire Fence
.3-Rail Wood Dowel Fence
Install 12'Metal Gate a Irrigation Access Road
196
0
0
374
202
1
LF
LF
EA
570
202
1
3.801-$
10.00
300.00
2,166-.0C
$ 2,020-.0C
$ 30a. OC
608-01
608-02
608-03
Concrete Sidewalk - (6')
Concrete Drive Approach - (8')
Concrete Trickle Pan 2' Wide w/6" Curbs
2 079
422
0
3717
369
25
SF
SF
LF
5796
891
25
3-60
4.00
20.00
$20.863-.6C
$ 3,564-.0C
$ 500-. OC
609-01
609-02 1
Vertical Curb and Gutter (30")
Driveway Curb Cuts
472
65
741
35
LF
LF
1213
100
12.00
1200
$14,55&.0C
$ 1.200-.0C
WON w. 110 Wim- INAM,
2900-02 8" X 8" Landscape Timbers 0 120 LF 120.00
5.50
$ 660.. OC
2900-03 Relocate Irrigation Pipe and Spigot Q Kieft Property 0 1 LS 1.00
2900-04 1 Rocky Mountain Junipers (15_gaQ 0 13 EA 130-0
2900-05 12" Ornamental Trees (Honey Locust) 0 4 EA 4.00
500.00 $ 500-. OC
220.00 $ -2,860-.0C
330.00 1 $ 1, 320.. OC
VW441h.— "I', —
Miscellaneous , W-Wmrr g
- lContract Bond 1 0 LS 1
626-01 IMobilization 0.5 0-5 LS 1
2029-00
922675-5
$ 2,0 25..0
$ 9 99K-o
0
TOTAL $ 164,531.60
One Hundred Sixty Four Thousand Five Hundred Thirty Oljp Dollars and Sixty Cpntq
TOTAL IN WORDS
9. PRICES
' The foregoing prices shall include all labor, materials, transportation,
shoring, removal, dewatering, overhead, profit, insurance, etc., to cover
' the complete Work in place of the several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the
Bid or change quantities at his sole discretion without affecting the
Agreement or prices of any item so long as the deletion or change does
not exceed twenty-five percent (25%) of the total Agreement Price.
RESPECTFULLY SUBMITTED:
Don Kehn Construction. Inc.
' CONTRACTOR
BY: Dan Kehn
Signature
Vice -President
Title
March 25, 2009
Date
License Number (If Applicable)
' (Seal - if Bid is by co poration)
Attest •
' Address 6550 South County Road 5
Ft. Collins, CO 80528
' Telephone 970-226-4111
Email kehn@longspeak.net
' Incorporated under the laws of the
State of Colorado.
1
Section 00300 Page 4
r,
F
II. Clarifications Not Resulting in Changes to the Bid Documents:
A. Access to private properties will need to be maintained at all times. Please take
this into account when developing a schedule.
B. There is no.1" milling associated with this project. Full depth pavement removal
as is shown on the plans can be accomplished using a mill, but it is not required.
Any saw cutting associated with the use of a mill will still be incidental to the
removal of the existing improvements.
C. The existing headgate pipe located on the Kieft property on the east side of the
existing structure will need to be cleaned prior to attaching the new 12" SDR-35
Pipe as is shown in the plans. The cleaning of this existing pipe back to the
headgate will be considered incidental to the work to install the 12" SDR-35 Pipe.
III. Clarifications Resulting in Changes to the Bid Documents:
A. The dryland seed mix, as well as the timing of the seeding, will need to meet
specifications as defined in the City of Fort Collins Erosion Control Reference
Manual for Construction Sites. The following will be the dryland seed mix for the
project and is based on percentage per pound mixture:
Species
Percentage
Tall Fescue Festuca arundinacea
35%
Annual R e rass Lolium multiflorum
30%
Western Wheatgrass Pasco rum smithii
20%
Smooth Brome Bromus inermis
8%
Orchard rass Dac lis lomerata
7%
The mix will need to be approved by the City prior to installation. Dryland seed
areas will need to be hydromulched after seeding. Hydromulch will not be paid
for under a separate line item but will be included in line item 2900-1 Dryland
Seeding. The hydromulching shall meet the specifications as is outlined in the
City of Fort Collins Erosion Control Reference Manual for Construction Sites.
B. The above ground portion of the water spigot to be relocated on the Kieft's
property is to be replaced with 3/a" steel pipe. The vertical piece of steel piping is
2' long. The existing visible section of the water spigot is plastic. Two 90 degree
plastic bends will also need to be replaced with steel 90 degree bends. The steel
will tie into existing plastic piping. The upgrade of this.water spigot from plastic to
steel piping will be incidental to the line item: 2900-03 Relocate Irrigation Pipe
and Spigot @ Kiefts Property.
1
1
1
1
Rev 10/20/07
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
1
SECTION 00410
'
BID BOND
KNOW ALL INN BY THESE PRESENTS: that we, the I enders igned Don Kehn Construction. Inc.
as Principal, and*as Surety, are hereby held and firmly bound unto the City of
'
Fort Collins, Colorado,- as OWNER, in the -sum of ** $----5%----- 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, 7020 Drake Road Widening.
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 hezein 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.
* Employers Mutual Casualty Company
'
"Five Percent of Amount Bid
Rav IWD/07
Section 00410 Page 1
11
I
1
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this 25th day of March , 20 09, 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
Marne: Don Kehn Construction, Inc.
Address: 6550 S. County Road 5
Fort Collins, CO 805..28nn
By;
Title: U
Rev 10/20/07
SURETY
Employers Mutual Casualty Company
P.O. Box 712
Section 00410 Page 2
AVEMCInsurance Companies
P.O. Box 712 • Des Moines, Iowa 50306-0712
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
7. Hamilton Mutual Insurance Company, an Iowa Corporation
hereinafter referred to severally as 'Company' and collectively as 'Companies", each does, by these presents, make, constitute and appoint:
Florietta Acosta
its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond:
Surety Bond Number : Bid Bond
Principal Don Kahn Construction, Inc.
Obligee : City of Fort Collins, Colorado
and to bind each Company thereby as fully and to the same extent as If such instruments were signed by the duly authorized officers of each such Company, and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by the authority of the following. resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey-in-fact at any time
and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power -of -attorney
issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon
the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all
respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon
a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WETNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
5th day of January. 2009.
Seals
•SLp'NS(/ ', 4,P*ti�F,'•.
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a.CigT ''•
lCo. .JP'Y
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�1953``�:
os SEALf =it=o1863�0
.
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` NSURANC '••. .•`E;NSUBAN
,
?y4J 0�t'Q11Ai •.O Jr •aP,P011AI poi
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SEAL Y- Q= SEAL ?
SEAL s
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V UAL �Ny+
UTUq
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RUTA KRUMINS
Commission Number 176255
4Fi1RA My Comm. Face. Sept 30, 2009
Bruce G. Kelley, Chairman
of Companies 2, 3, 4, 5 & 6; President
of Company 1; Vice Chairman and
CEO of Company 7
Jeffrey S. irdsley
Assistant Secretary
On this 5th day of January, AD 2009 before me a Notary Public in and for the State of Iowa,
personally appeared Bruce G. Kelley and Jeffrey S. Birdsley, who, being by me duly swom,
did say that they are, and are known to me to be the Chairman, President, Vice Chairman
and CEO, and/or Assistant Secretary, respectively, of each of the Companies above; that
the seals affixed to this instrument are the seals of said corporations; that said instrument
was signed and sealed on behalf of each of the Companies by authority of their respective
Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers,
acknowledged the execution of said instrument to be their voluntary act and deed, and the
voluntary act and deed of each of the Companies.
My Commission Expires September 30, 2009,
CERTIFICATE
Notary Public in and for the State of Iowa
I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of E
and this Power of Attorney issued pursuant thereto on 5th day of January, 2009, are true and correct and are still in full force and
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 25th day of
rs by5each ai tfe'Compariies'
2069
:.,� ''4
� 4 •
mow.
...
'Vke Preil'deg
•FIR: --
i
1
SECTION 00420
iSTATEMENT
OF BIDDER'S
QUALIFICATIONS
1
All questions must be answered and the data given must be clear and
comprehensive. This statement must be notarized. If necessary, may
be
questions
answered on separate attached sheets. The Bidder may submit any additional
information
he desires.
1
1.
Name Don Kehn Construction
of Bidder: Inc
1
2.
Permanent mainoffice address: 6550 Smith County Rd. 5 Ft. Call;ns, CO 80528
3.
When organized: 1965
i4.
If•a corporation, where incorporated: Colorado
5.
How many years have you been engaged in the contracting business
1
under your present firm or trade name? 44
6.
Contracts on hand: (Schedule these, showing the amount.of each
1
contract and the -appropriate anticipated dates of completion.)
Travis Road
.$304,014.81 Realignment Project
Completion May 31 2009
1
7.
General character of Work performed by your company:
FArthwnrk, As halt Pamng,�1t311t1PSy RI1t_(m-111ing, Connate rnrh R
1
gutter.
8.
Have you ever failed to complete any Work awarded to you? NO
1
If so, where and why?
1
9.
Have your ever defaulted on a contract? NO
If so, where and why?
1 10. Are you debarred by any government agency? NO
If yes list agency name.
11
1 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.
City of Ft. Collins E. Prospect Grdg, Paving, Uitl.
$3,883,196.00
4/07
.ar;mer County - County Rd. 5 Grdg, Paving, Util.
645,024.00
7/08
Jarnhy Farms - Windsor Grdg, Paving, Milling
1,296,639.00
12/08
JL Ranch - Cheyenne Grdg, Pvg, Util, & Conc.
1,665,561.00
12/08
12. List your major equipment available for this contract.
'
See Attached List.
'
13. Experience in construction Work similar in importance to
this
project:
Same as #11,
'
14.
Background and experience of the principal members of your organization,
including officers:
Don Kehn, President Highway & Heavy
Construction 49 Years
'
Dan Kehn, Vice -President Highway & Heavy
Construction 29 Years
15.
Credit available: $ As Required,
16.
Bank reference: Chase Rank Rita Gl.iCPr,
Offirar
'
17.
Will you, upon request, fill out a detailed
financial statement and
furnish any other information that may
be required by the OWNER?
Yes
18.
Are you licensed as a General CONTRACTOR?
Yes
If yes, in what city, county and state?Ft.
Collins Larimer, Colo. What
class, license and numbers?
19.
Do you anticipate subcontracting
Work under this
Contract? Yes
If yes, what percent of total contract?
'
and to whom?
'
20.
Are any lawsuits pending against you or your
IF yes, DETAIL
firm at this time? NO
I
Rev 10/20/07
Section 00420 Page 2
'
21. What are the limits of your public liability? DETAIL
$1,000,000 00 Per Occurance $2,000,000.00 Aggregate
What companyZurich American Insurance
22. What are your company's bonding limitations?
$8,000,000.00 Per Project $15,000,000.00 Aggregate
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 Ft. Collins this 25th day of March
20 09
Don Kehn Construction, Inc.
Name of Biter
By:
Vice -President
Title:
State of Colorado
County of Larimer
Dan Kehn being duly sworn deposes
and says that he
'
is Vice -President of Don Kehn Construction. Inc. 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 25th day of March 2009.
Notary Public .
1 P. 0. Box 1125
Wellington, CO 80549
My commission expires November 27, 2011
IRev 10/20/07
Section 00420 Page 3
1
F�
ionro7
Unit
No. Vehicle
1001 83 Fruehauf Utility Van Trailer
1002 80 Great Dane Dry Van Trailer
1003 Van Trailer
1004 Van Trailer
1102 91 Ranco Belly Dump Trailer
1103 91 Ranco Belly Dump Trailer
1104 91 Ranco Belly Dump Trailer
1105 98 CPS Belly Dump Trailer
1201 98 Heil Pneumatic Trailer
1202 04 Polar A/C Tank Trailer
1205 85 Fruehauf Dump Trailer Aluminum
1206 85 Fruehauf End Dump Trailer Alum
1207 98 Ranco Rock Trailer
1301 82 Trail King Loboy Trailer
1302 76 CMI Load King Loboy Trailer
1303 82 Trail King Jeep
1304 82 Trail King Loboy Trailer
1305 82 Trail King Booster
1306 85 Eager Beaver Folder 20T Trailer
1307 84 Flat Iron Homemade Trailer
1310 92 CMI 603DD 60T Load King Trade
1311 92 CMI Load King Booster
1313 97 Landoll Trailer
1314 00 Landoll LT1016 Trailer
1315 02 Trail King Trailer
1406 77 Mack Tractor
1407 90 Mack Tractor
1408' 85 Mack Tractor
1409 85 Mack Tractor
1410 85 Mack Tractor
1411 92 Kenworth Tractor
1412 94 Kenworth Tractor
1415 95 Freightliner Tractor
1416 03 Freightliner Tractor
1417 03 Freightliner Tractor
1418 03 Freightliner Tractor
1419 .04 Freightliner Tractor
1420 02 Freightliner Tractor
1501 92 Mack Tandem Dump
1502 92 Mack Tandem Dump
1503 81 Mack Tandem Dump
1504 81 Mack Tandem Dump
1505 73 Mack Tandem Dump
1506 77 Mack Tandem Dump
1507 79 Mack Tandem Dump
1508 79 Mack Tandem Dump
1509 79 Mack Tandem Dump
ionro7
Unit
No. Vehicle
1510 77 Mack Tandem Dump
1511 93 Mack Tandem Dump
1512 93 Mack Tandem Dump
1514 93 Mack Tandem Dump
1515 96 Mack Tandem Dump
1516 00 Mack Tandem Dump RD690S
1517 03 Mack Tandem Dump
1518 03 Mack Tandem Dump
1519 04 Mack Tandem Dump
1520 04 Mack Tandem Dump
1521 04 Mack Tandem Dump
1601 80 IHC 2-1/2T Service Truck
1603 73 GMC 1T W Welder.
1604 78 GMC Mechanic Truck
1605 79 Ford Flatbed L-700
1606 89 Ford Superduty F450
1607 90 Ford Superduty F450
1608 91 Mack Fuel Truck, Maintainer Service Bc
1609 89 Ford F-350 Flatbed
1610 94 GMC Service Truck
1611 96 GMC Topkick Truck .
1612 93 Freightliner Service Truck
1614 97 GMC Topkick MDLC-6500
16.15 99 Ford Service Truck F450
1616 91 Ford Service Truck
1617 02 Chevy Van Truck
1704 74 Peterbilt Water .Truck
1705 73 Mack Water Truck 6x6
1706 74 Mack Water Truck
1707 66 Mack Water Truck
1708 80 Ford Water Truck
1709 91 GMC Water Trk Top Kick Klein Tank
1710 94 GMC Water Trk TC7H064 Topkick Ever
1814._ 85 Dodge Flat Bed
1816 84 Ford % T P/U
1817 87 Ford F 150 1 /2T P/U
1818 88 Chevrolet WT P/U 4x4
1820 89 Ford WT P/U 4x4 (Chet')
1821 89 Ford Ranger S. P/U
1822 90 Ford F250 PM
1823 91 Ford F150 P/U 4x4
1824 91 Ford F250 P/U
1825 89 Ford F250 PAJ
1826 92 GMC P/U
1827 92 Ford F150 P/U 4x4
1828 93 Ford F150 P/U 4x4 1/2T
1829 91 Ford RangerP/LT
.1
1
n
1
ioiiro7
Unit
Noi, Vehicle
1830 96 Ford F350 P/U 4x4
1831 97 Ford F150 P/U 4x4
1832 97 Ford F 150 P/U 4x4 (Chey)
1834 99 Ford F250 P/U 4x4
1835 99 Ford F250 3/4T P/U
1836 99 Ford F150 P/1J
1837 99 Ford F250 PiU
1838 02 GMC 2500 P/U
1839 02 Ford F250 PM
1840 04 Ford F 150 P/U
1841 04 GMC Pickup
1842 04 Ford Pickup
1843 05 GMC 2500 Crew Cab Pickup
1845 06 GMC Pickup
1846 07 GMC 1500 Pickup
1847 07 GMC 2500 Crew Cab Pickup
1901 83 Mack Distributor Truck
1903 81 Ford C8000 Distributor Truck
1904 00 Freightliner Distributor Truck
2001 94 Eagle Vision
2002 94 Mercury Topaz
2100 Nordberg MDLHP 400SX Port. Crusher
2101 Nordberg Carrier, Dakota
2102 Kolberg MDL124-60 Conveyor
2104 96 Dakota Conveyor w/Radial Travel
2105 Dakota Conveyor w/o Radial Travel
2106 92 Dakota Feeder
2107 92 Dakota 36"xl00' Stacking Conveyor
2108 Channel Frame Phillips 3000" Feed Con,
2108A Homemade Conveyor
2110 Kolberg MDL 22 24"x5O' Conveyor
2111 Kolberg MDL 30"x5O' Conveyor
2112 Kolberg 2-2440 Conveyor
2113 Fabtech Simplicity Screening Plant Conv.
2114 Kolberg Screening Plant MDL 271B
2115 Kolberg Radial Stacking Conv. 30"x5O'
2116 Kolberg Hydraulic Conveyor 24"x5O'
2118 Simplicity LP140 6x20-3 Deck Screen on
Ranco Tandem Axle Carrier w/48"
Under Screen Conveyor
Ranco Carrier
2119 Simplicity LP140 6x20-3 Deck Screen on
Dakota Carrier # 1284 w/48"
Under Screen Conveyor
2121 Spokane — Pioneer MDL2500 Vertical Shx
Impact Crusher w/36" Under Cony
& CAT 3406TA Engine
:onm7
Unit
No. Vehicle
2122 30"x6O' Field Conveyor
2123 24"x5O' Field Conveyor
2124 JCI 6'x2O' Three Deck Screen
2125 Custom-built 36"x34' Field Conveyor
2126 95 IMCE 30"x5O'. Stackable Field Conveyor
2127 Nordberg BP300 Cone Crusher w/Access
2128 JCI 7'x2O' 3-Deck Screening Plant
2129 30"x60' IMCE Field Conveyor w/l5hp drive
2130 30"x25' IMCE Field Conveyor w/1Ohp drive
2131 Extec Portable Jaw Crusher
2132 36"x6O" Field Conveyor
2133 03 JCI 7a20 3-Deck Screen Plant
2201 CAT 3208 Kato Generator
2202 CAT 3208 Generator — Wash Plant
2203 CAT 3412 Generator 455KW
2204 CAT 3408 Generator 340KW
2205 CAT 3406 Generator 320KW
2206 CAT 3304 Dita Generator
2207 CAT 3412 Generator 455KW
2208 Multi -quip Generator Mitsubishi GD16T
2209 Multi -quip Generator Komatsu S67D105
2210 94 CAT 3412 Generator 545KW
2211 CAT 3412 Generator 455KW
2212 Multiquip Generator DCA125SSJ JD60681
6 cylinder 150 hp John Deere
3101 93 CAT 325L Excavator
3102 03 CAT 345BL Series H Excavator
3103 89 CAT 235C Excavator
3105 98 CAT 330B Excavator
3106 CAT 302.5C Mini Excavator
3107 05 CAT 304 Mini Excavator
3108 325C Excavator
3200 CAT 416C LoaderBackhoe
3201 CAT 416D LoaderBackhoe 4x4
3202 CAT 416B. Loader/Backhoe 4x4
3302 CL Beam Aligner System
3303 Topcon Pipe Laser 3PG-L
3404A 6000 Gal. 2001 MSE Water Tank
3405 CAT 730 Articulated Haul Truck
3406 CAT 730 Articulated Haul Truck
3407 05 JD 3000 Haul Truck
3408 06 CAT 730 Haul Truck
3503 79 CAT 966C Wheel Loader. .
3504 76 CAT 980B Wheel Loader
3505 00 CAT 966G Loader 3500 Series
3506 Case 183513' Uniloader
3507 Case Skid 1835B Uniloader
'
10/lro7
Unit
'
No.
Vehicle
.3508 95 Case 1845C Loader
'
3509 87 Case 480 ELL Loader
3511
87 Case 480E 4x4
3512
90 Case 480F 4x4
'
3513
CAT PT18B Loader
3514
83 CAT 966D Loader
3515
94 CAT 966F Loader
3516
94 CAT 966F Loader
3517
CAT ff28G Loader
'
3518
3519
CAT 980G Loader
97 Case 570 LXT Loader/Tractor
3520
00 CAT 972G Loader
'
3521
3522
00 CAT 236 Skidsteer
02 CAT TT28G Loader
3523
03 236 Skidsteer
3524
03 CAT 236 Skidsteer
3525
04 CAT 938G
3526
04 CAT 236B Skidsteer
3527
966G CAT Loader
3528
06 Bobcat Skidsteer w/planer
3610
70 CAT 955 Loader
4101
CAT 623B Scraper
4102
CAT 623B Scraper
4103
86 CAT 627E Scraper, Rear Pullhook
1
4104
80 CAT 627B Scraper Push Pull
4105
CAT 627E Scraper Push Pull
4106
CAT 627E Scraper Push Pull
4108
CAT 613C Scraper
4109
CAT 623G Scraper
4303
84 CAT 140G Motor Grader
'
4304
91 CAT 140G Motor Grader
4305
94 CAT 140G Motor Grader
4306
99 CAT 143H Motor Grader
'
4307
03 CAT 14H
4308
JD 712 Motor Grader
4602
79 CAT D-6 Dozer
4603
78 CAT D-8 Dozer D8K
4604
93 CAT D-4 Dozer D4H
4605
95 CAT D8N Dozer
'
5100
Gorman Rupp 2" Pump
5101
Gorman Rupp 3" Pump
5102
76 Gorman Rupp 4" Pump
'
5106
91 Gorman Rupp 3" Pump
5107
Galigher MDL 3 VR.A/1000 Rubber Line
'
5108
5109
Gorman Rupp 6" Trash Pump w/Wheel
Gorman Rupp 6" Trash Pump w/Wheel.
5110
02 Mega 10,000 gal Self -erect Water Ta
10/J ro7
Unit
No. Vehicle
6000 97 Con-E-Co Concrete Batch Plant
6001 96 CEI IOHSSS 10,000 gal. Hot Water Tank
6100 Roto Reclaimer Sand/Rock Separator MdIIRRI]
6101. Hobart GR3035 Welder
6102 Hobart 353 Welder.
6200 03 Kolberg MCL 1822 Wash Plant
6202 Dakota Conveyor
6203 Dakota Conveyor
6204 Dakota Conveyor
6205 Dakota 24CY Surge Bin
6206 Dakota'30"x60" Lattice Frame Field Conveyor
6207 Dakota 30"x6O" Conveyor
6208 Dakota Portable Belt Feeder
6209 05 Miller Bobcat Welder/Generator
6604 97 Mack RD690S Mixer/Booster
6605 97 Mack RD690S Mixer/Booster
6606 96 Mack RD690S Mixer/Booster
6607 01 Mack Granite Mixer/Booster
6610 96 Oshkosh S-2146 Mixer. Truck
6612 94 Oshkosh S-2146 Mixer Truck
6614 94 Oshkosh Mixer Truck
6615 97 Oshkosh Mixer Truck
6616 07 KW Mixer Truck
6617 07 KW Mixer Truck
6700 90 Gomaco GT-6300
6701 Gomaco 30" Verticle Curb Mold w/12" Blockout
6702 24" Rollover Curb Mold
6703 72" Rollover Sidewalk Mold
6704 48" Sidewalk Mold
6706 Allen Equip. 32' Concrete Timing & Cure Mach
7001 82 Barber Green Drum Mixer
7001A 82 Barber Green 3-Bin Cold Feed
7001B 82 Barber Green Scalp Screen
7001 C 82 Barber Green Slinger Conveyor
7001D 82 Barber Green Bucket Elevator
7001E 82 Barber Green 60 T Asphalt Storage Silo
7002 CEI Asphalt Storage Tank
7003 Eaton 60T Lime Silo w/Mixer
7004 96 Astec Portable 41000 CFM Pulsej et, Baghouse
MDL PBH--41
7005 93 Astec 7' Counterflow Asphalt Mixer
7006 93 Astec Twin 200 ton Silo w/New Generation
Auto Computer Truck Scale
7007 93 Astec 4-Bin Cold Feed PCIO124
7008 93 Astec Deister Scalp Screen USX 1410
7009 93 Astec/Slinger Conveyor PSS410-60
7010 93 Astec Bag House BBH441515
IV. Revisions to the Plans:
A. Clarification of Stormwater Improvements:
Please reference the updated Sheet 8 which includes flowline information and
grades for both the 18" RCP pipe and the 12" SDR-35. Sheet 8 also reflects an
updated layout for the 12" SDR-35 pipe daylighting at the easement line so as to
stay off private property. The updated layout does affect the quantity of the 12"
SDR-35 pipe. Please reference the updated bid tab for the new quantity.
B. General Notes Sheet, Replace Note 1 with the following:
The City of Fort Collins will provide the Traffic Control. The Contractor will be
responsible to coordinate with the City of Fort Collins in developing traffic control
plans that will enable the work to be completed in a timely and safe manner.
Traffic Control plans must be submitted to the City's Traffic Control Coordinator
and approved 72 hours prior to starting construction and before making each
modification. All eastbound and westbound lanes on Drake Road shall be
maintained at all times.
C. General Notes Sheet, Replace Note 6 with the following:
Construction surveying and staking required for the project shall be provided by
the City of Fort Collins. It is the responsibility of the contractor to coordinate with
the project surveyor to complete the project within the specified time frame as is
outlined in the contract documents. The City of Fort Collins requires a minimum
of 48 hours per each survey request. All survey control monuments and survey
stakes shall be protected to the best of the Contractor's ability during
construction. If a monument is to be removed in order to facilitate construction,
the Contractor must notify the City 24 to 48 hours prior to its removal. The City of
Fort Collins will provide the Traffic Control.
V. Revised Bid Schedule Attached.
Please contact John D. Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6777 with
any questions regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN
STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM
HAS BEEN RECEIVED.
where renewal is a way of life
10/1/07
1o/1ro7
Unit
Unit
'
No.
Vehicle
No.
Vehicle
7011
93'Astec Control House
7701
Murphy Cardinal Scale
'
7012
93 Heatec 30,000 gal. Hot Storage A
7702
Murphy Cardinal Scale 303-60PR w/Printer
Rear with 10,000 gal. Diesel Storage
7703
Chamber Belt Scale
'
7013
Front BE035P
03 Astec Lime Silo
7901
7902
72 Timpte Trailer w/Elec. Switch Gear
68 Fruehauf 38' Semi Trailer Switch Gear
7014
03 Astec Pugmill Lime Mixer
7903
Brown Van Trailer 18' for 3208 Generator Set
'
7015
7102
03 CEI 10,000 gal. Hot Storage
88 Barber Green 225B Paver
8001
8002
70 Grove 30T Hydro Crane
80 John Deere 8640 Farm Tractor
7103
92 Barber Green 225B Paver
8003
Action Compaction Wheel 243LBWLOCF261
7104
7105
Layton 8' Spreader Box
92 Entyre Asphalt Curb Machine
8004
8005
01 CAT H63 Skidsteer Mount Breaker
93 Grizzly Fabric Laying Attachment
7106
Entyre Chip Spreader
8006
03 Ingersoll Rand P185WIR Air Compressor
7108
Blaw Knox PF5510 Asphalt Paver
8009
931R 185
r
7109
01 CAT 1055B Paver
8010
Raygo Gator Soil Stabilizer
7110
06 Blaw Knox PF5510 Paver
8012
CAT 65D Challenger Tractor
7111
CAT BG-650 Window Elevator
8014
02 John Deere 21OLE Grading Tractor
'
7201
.80 Hyster 530A Roller
8015
Ditch Witch (Bigger)
7202
81 Dynapac CC42A
9003
83 Raygo Barcomill 100
7207
01 CAT CB 434C Compactor
9004
90 CAT PR450 Rotomill 75" Cut
7208
74 CAT 815A Compactor
9006
CAT PR75 Rotomill
7209
81 CAT 815B Compactor
9008
95 CMI PR800-7 Rotomill 102" Cut
7210
Hyster C530A Roller
9009
97 CMI PR800-7 Rotomill 102" Cut
7214
92 Hyster 530A Roller
9010
CMI PR275T Rotomill
7215
CAT CP 563 Compactor
9011
Wirtgen Rotomill W2200
'
7216
Hyster C330B Roller
99
Miscellaneous Equipment
7218
88 CAT 433B Compactor
7219
Hyster 330 Roller
'
7220
CAT634C
7221
00 CAT RS200B
7222
95 Ingersoll-Rand Padfoot Compact
7223
CAT PS200B
7224
05 CAT CVP16 Compactor 302
7225
02 Rex/CMI 3-35 Compactor
7226
CAT CB334E Roller
7227
Ingersoll-Rand DD-70>-'.Roller
7228
Ingersoll-Rand DD-28117 Roller
7502
89 Sweepster Broom Attachment
7503
88 Elgin Eagle Sweeper GMC
.7504
77 Elgin Whirlwind U Vac Truck
'
7505
Sweepster Broom IT18B Attachmery
7506
Broce Broom RJ-300
7507
88 Vanguard Sweeper V4000SP FM(
t7508
97 Johnston -Sweeper 2V4000 SP ..
Perkins Engine
7509
Waldon Broom w/7'6" Myer Snowpi
'
7510
Waldon Broom
7511
98 Broce Broom
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over 10% of the contract.
ITEM SUBCONTRACTOR
NONE
Section 00430 Page 1
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
Date: April 6, 2009
TO: Don Kehn Construction, Inc.
' PROJECT: 7020 Drake Road Widening
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated March 25, 2009 for the above
project has been considered. You are the apparent successful Bidder and have
been awarded an Agreement for 7020 Drake Road Widening.
The Price of your Agreement is $164,531.60.
' Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the Drawings will be
delivered separately or otherwise made available to you immediately.
' You must comply with the following conditions precedent within fifteen (15)
days of the date of this Notice of Award, that is by April 21, 2009.
' 1. You must deliver to the OWNER three (3) fully executed counterparts of
the Agreement including all the Contract Documents. Each of the Contract
Documents must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security
(Bonds) as specified in the Instructions to Bidders, General Conditions
(Article 5.1) and Supplementary Conditions.
' Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid abandoned, to annul this Notice of Award and to
' declare your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return
' to you one (1) fully -signed counterpart of the Agreement with the Contract
Documents attached.
City of Fort Collins
OWNER
�(.
B ,
' Ja es B. O'Neill, II, CPPO, FNIGP
D'rector of Purchasing & Risk Management
' Section 00510 Page 1
SECTION 00520
' AGREEMENT
I
THIS AGREEMENT is dated as of the 6th day of April in the year of 2009 and
shall be effective on the date this AGREEMENT is signed by the City.
' The City of Fort Collins (hereinafter called OWNER) and
Don Kehn Construction, Inc. (hereinafter called CONTRACTOR)
' OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1.
WORK
CONTRACTOR
shall complete all Work as
specified or indicated in the Contract
Documents.
The Project for which the
Work under the Contract Documents may be
'
the whole
or only a part is defined as
the construction of the 7020 Drake Road
Widening and
is generally described in
Section 01010.
' ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins Engineering who is
' hereinafter called ENGINEER and who will assume all duties and
responsibilities and will have the rights and authority assigned to ENGINEER
in the Contract Documents in connection with completion of the Work. in
accordance with the Contract Documents.
' ARTICLE 3. CONTRACT TIMES
' 3.1 The Work shall be Substantially Complete by June 1, 2009, the date
when the Contract Times commence to run as provided in the General Conditions
and completed and ready for Final Payment and Acceptance in accordance with
the General Conditions, on June 11, 2009.
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.
I
Section 00320 Page 1
' 1 Substantial Completion:
' Four Hundred Thirty Dollars ($430.00) for each calendar day or
fraction thereof that expires after the June 1, 2009 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 June 11, 2009
for Final Payment and Acceptance until the Work is ready for Final
Payment and Acceptance.
' ARTICLE 4. CONTRACT PRICE
' 4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows: One
Hundred Sixty Four Thousand, Five Hundred Thirty One Dollars and Sixty Cents
($164,531.60), 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.
i5.1.1. Prior to Substantial Completion, progress payments will be in the
amount equal to the percentage indicated below, but, in each case, less the
' aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 90% of the value of Work completed until the Work has
been 50% completed as determined by ENGINEER, when the retainage equals 5% of
the Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
' satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100 % of the Work completed. 90 % of
' materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory 'to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the application
' for payment.
' Section 00520 Page 2
1 5.1.2. Up P on Substantial Completion payment a ment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95% of the Contract
' Price, less such amounts as ENGINEER shall determine or OWNER may withhold in
accordance with paragraph 14.7 of the General Conditions or as provided by
law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the
' remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.13.
' ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of
the Contract Documents, Work, site, locality, and with all local conditions
' and Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and
tests of subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of the
' General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or
to supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
' affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other
' terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
' or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
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.
' Section 00520 Page 3
'
6.5. CONTRACTOR has correlated the results
of all such
observations
examinations, investigations, tests, reports and
data with
the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written
notice of
all conflicts,
'
errors or discrepancies that he has discovered in
the Contract
Documents and
the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
' OWNER and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of "Contract
Documents" in Article 1.10 of the General Conditions, and such other items as
' are referenced in this Article 7, all of which are incorporated herein by this
reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are not
limited to, the following:
' 7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3Lien 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:
'JINDEX OF SHEETS:
SHEET NUMBER
2
3
4-5
6-8
9-11
12-13
14
SHEET DESCRIPTION
COVER SHEET
GENERAL NOTES SHEET
BID TAB
REMOVALS
PLANS AND PROFILES
CROSS SECTIONS
STANDARD DETAILS
LANDSCAPE PLAN
I
Section 00520 Page 4
The Contract Drawings shall be stamped "Final for Construction" and dated.
' Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers l'to 2, 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
t be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of
the General Conditions.
tARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General
Conditions.
8.2. No assignment by a party hereto of any rights under or interests in
' the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due may
' not be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or
' discharge that assignor from any duty or responsibility under the Contract
Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
' assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
I
' Section 00520 Page 5
1
1
1
1
1
1
1
1
1
1
OWNER: CITY OF F RT COLLINS
By:
DAME O'NEILL II, CPPO, FNIGP
RECTOR OF PURCHASING
AND RISK MANAGEMENT
Date:
Attest:
CONTRACTOR: Don Kehn Construction, Inc.
B y : Q.c.__ 4 �—
Title •
F FART Co
�
O. Date: �-1 ov- OR
i:: -
U• 4l k :. y
QV
�� (CORPORATE SEAL ).
4 rg
•• p Attest • L
City Clerk x, t
i.
Address for giving notices: Address for giving notices: 7
P. 0. Box 580
Fort Collins, CO 80522
Approved a/
Assi,Xtant/City Attorney
��SSo S� . c) . &/, . -
LICENSE NO.:
11
Section 00520 Page 6
Drake Road Widening Project:
Addendum 1 CONSTRUCTION YEAR: 2009
CITY OF FORT COLLINS, CAPITAL PROJECTS
CONTRACT CONTRACT
ITEM QUANTITY QUANTITY TOTAL
NUMBER nFcr_P1PT1nu ....-.,�
.,_-..- eMMAW-idoi-,
202-01
202-02
202-03
202-04
202-05
202-06
202-07
202-08
,Pro W'. uantitie , r.,
Remove Asphalt Curb and Gutter
Remove Asphalt Drive
Remove Gravel Drive
Remove Full Depth Asphalt Pavement to Subgrade
Remove Concrete Channel
Remove 12" RCP
Remove Type III Barricades
Remove Vertical Curb and Gutter
� 4 ,Y :�M k :max
233 0 LF
60 86 SY
60 0 SY
400 325 SY
0 24 LF
0 20 LF
2 3 EA
30 20 LF
ti
233
146
60
725
24
20
5
50
.,.,
$ _
$ _
$ _
$ _
$ _
$ _
$ _
$ _
203-01
203-02
203-03
203-04
203-05
203-06
Unclassified Excavation
Embankment
Muck Excavation -
Borrow
Topsoil (Stripping, Stockpiling, Replacing) 6" Depth
Imported Screened Topsoil - (Parkways) 6" Depth
205
135
100
0
150
35
180
250
100
975
235
60
CY
CY
CY
'.CY
CY
CY
385
385
200
975
385
95
$ _
$ _
$ _
$ _
$ _
$ _
208-01
Erosion Control
0.5
0.5
LS
1
$ _
210-01
210-02
210-03
210-04
210-05
Remove and Relocate Mailboxes
Relocate Landscaping Boulders
Remove and Relocate Gate
Remove and Relocate Water Meter & Curb Stop
FCLWD and COFC
Adjust Water Valve Box
3
0
0
1
0
1
2
1
2
2
EA
EA
EA
EA
EA
4
2
1
3
2
$ _
$ _
$ _
$ _
$ _
304-01
Aggregate Base Course - 9"
390
640
TN
1030
$ _
306-01
Reconditioning - 8"
635
1340
SY
1975
$ _
403-01
403-02
403-03
Hot: Bituminus Pavement= Grading.SG' (PG 58-28) - 3"
Depth
Hot Bituminus Pavement - Grading SG (PG 58=28) - 4"
Depth (Driveways)
Hot 'Bituminus:`Pavement - Grading S (PG 58-28) - 2"
Depth
171
13
114
276
40
184
TN
TN
TN
447
53
298
$ _
$ _
$ _
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7020 Drake Road Widening
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: Don Kehn Construction,Inc.
By:
Title.
Section 00530 Page 1
1
1
1
1
1
1
1
1
1
1
1
1
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 0061.0
' PERFORMANCE BOND
Bond No . S372082
' KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Don Kehn Construction, Inc.
' (Address ) 6550 S. County Road 5, Fort Collins, CO 80528
ganxi-Tim-hxxx4ax& *)b �xxx )=m�hi)jx* x (a Corporation) , hereinafter referred to as
the "Principal" and
' (Firm) Employers Mutual Casualty Company
(Address) P.O. Box 712, Des Moines, IA 50303-0712
hereinafter re.fe.r.red 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 One Hundred Sixty Four Thousand Five Hundred Thirty One and 60/100 ($164.531 60) 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 b_y these
presents.
' THE CONDITIONS OF THIS OBLIGATION are such that whereas the Princi al entered
into a certain Agreement with the OWNER, dated the � �� day of c 204
a copy of which is hereto attached and made a part hereof for the performance
'
of The City of Fort Collins project, 7020
Drake Road Widening.
NOW, THEREFORE, if the Principal shall. well, truly and faithfully perform
its
duties, all the undertakings, covenants,
said Agreement during the original term
terms, conditions and agreements
thereof, and any extensions thereof
of
which may be granted by the OWNER, with
or without Notice to the Surety
and
during the life of i.he 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.
I I
' Rev 10/20/07 Section 0061C Page l
I I.
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 Sta.e of Colorado and
be acceptable to the OWNER.
IN WITNESS WHEREOF, this
instrument
is executed in three (3) counterparts,
Xb&j
each one of which shall be deemed an
original, this lDt day of 20�.
' IN PRESENCE
)) OF :
4r3
YY• y �
t�IN �PRESENCE C
c x •'s�},• r' t" C� �'� h Wit" r
1
.
INPPRRE�S/EN OF :
' Melissa Nesavich, Surety Witness
Principal Don Kehn Construction, Inc.
(Title)
6550 S. County Road 5, Fort Collins, CO 80528
(Address)
Other Partners
BV : Not Applicable
By: Not Applicable
Surety Employers Mutual CaYpIty Company
By:
Florietta Acosta, Attorney-(n-Fact
bd)px P.O. Box 469025, Denver, CO 80246-9025
(Address )
f NO7E�+�a 7f Bond must not be prior to date of Agreement.
w r w.
Iz�ptOtaTRACTOR is Partnership, all partners should execute Bond.AL
! sa
IRev 10/20/07
Section 00610 Page 2
11
' SECTION 00615
PAYMENT BOND
Pond No. S372082
KNOW ALL MEN BY THESE .PRESENTS: that
(Firm) Don Kehn Construction, Inc.
'
(Address)6550 S. County Road 5, Fort Collins, CO 80528
6aXxx1ZC1:7hdV)R1j)Ax (arxftrboeredxjp4(x (a Corporation), hereinafter referred to as
the "Principal° and
'
(Firm) Employers Mutual Casualty Company
(Address) P.O. Box 712, Des Moines, IA 50303-0712
"the firmly bound the
hereinafter referred to as Surety", are held and 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 One Hundred Sixty Four Thousand Five Hundred Thirty One and 60/100` 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 in Po'pal entered
'
into a pertain Agreement with the OWNER, dated the edgy of Ar � , 2Q,Q-7
a copy of which is hereto attached and made a part hereof fox the performance
of The City of Fort. Collins project, 7020 brake Road Widening.
' 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.
*($164,531.60)
11
IRw 10/20/07
Sect~ on 00615 Page 1
1
I
PROVIDED, FURTIJER, that the
said Surety, for
'value received,
hereby stipulates
and agrees that no change,
extension of time,
alteration or addition to the
the
'
terms of the Agreement or
to the Work to
be performed
thereunder or
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
'
CONTRACTOl? shall abridge
.the right of
any beneficiary hereunder, whose claim
may be unsatisfied.
PROVIDED, FC[RT14FR, 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) c¢unterparts,
day of � (� 206—q
each one of which shall be deemed an
original, this _�
IN PRESENCE OF
INPRESENCE
Melissa Nesavich, Surety Witness
Prindipal Don Kehn Construction, Inc.
By: Z'.._.46j-_
V 1 cam.
(Title)
6550 County Road 5, Fort Collins, CO 80528
(Address)
other Partners
Not Applicable
Not Applicable _
surety
By; 9M 6�—ff� -- /9�
lorietta Acosta, Attorney-in-F ct
EqX P.O. Box 469025 D nv r246-9025
v
(Address)
;r 4v`(19Urbty Seal:),
Bond must zx� be prior to date of Agreement.
"0ONTRACTOR is Partnership, all partners should execute Bond.
x•-' +;�; �^',spp`��.rt� y y jfi✓F'r`Gay066Qgf
' R 2
Rev 1 O1 0/4?
Section 00615 Page 2
®EMCInsurance Companies.
P.O. Box 712 • Des Moines, Iowa 50306-0712
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
7. Hamilton Mutual Insurance Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
Florietta Acosta
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond:
Surety Bond Number : S372082
Principal Don Kenn Construction, Inc.
Obligee : City of Fort Collins
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
AUTHORITY FOR POWER OF ATTORNEY
This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey-in-fact at any time
and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey
issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon
the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all
respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon
a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
5th day of January, 2009.
Seals
.•`��p �NSOq •.•`�NGf •Cps..,, �.P%Y, ;'Cq �'..
wCF: �OPYDP,/f �l`n� �=•: `QPPOF./i
^' 1953
SEAL
s Irowa • • . rowp
�, 1%SU.ANC .`\NSUNgN•., ;.•`a,,f UAr �•.
h� �pPa O�� O = �•Qp PO x�! :� O: : � PY 04� %, fG
SEAL SEAL =_ SEAL
.........
• °�r" D+w�� DINES?
a��-�uac rNSG
uTua
a ,o* �•y RUTA KRUMINS
f
Commission Number 176255
O� ��i1RA Q My Comm. Exp. 54 t. , 2d04
}
1, David L. Hixenbaugh, Vice President of the Companies,`"dc
and this Power of Attorney issued pursuant thereto on 5thday or Jtl�i
In Testimony Whereof I have subscribed my name and affixedtl
F irP
� o
)K, -a Y-4 -
Bruce G. Kelley, Chairman
of Companies 2, 3, 4, 5 & 6; President
of Company 1; Vice Chairman and
CEO of Company 7
Jeffrey S. Urdsley
Assistant Secretary
On this 5th day of January, AD 2009 before me a Notary Public in and for the State of Iowa,
personally appeared Bruce G. Kelley and Jeffrey S. Birdsley, who, being by me duly swom,
did say that they are, and are known to me to be the Chairman, President, Vice Chairman
and CEO, and/or Assistant Secretary, respectively, of each of the Companies above; that
the seals affixed to this instrument are the seals of said corporations; that said instrument
was signed and sealed on behalf of each of the Companies by authority of their respective
Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers,
acknowledged the execution of said instrument to be their voluntary act and deed, and the
voluntary act and deed of each of the Companies.
My Commission Expires September 30, 2009,
Notary Public in and for the State of Iowa
h�=ccrtyfy.'hdthe foregoing resolution of the Boards of Directors by each of the Companies,
yy20'�3 aretrue
,,aiidzcorrect and are still in full force and effect.
fac imde se,, o,f,eattj Company this day of Pt
up 'EV��.r
'�34 4 ` Vice President
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
Rev 10/20/07
Section 00630 Page 1
Client#:52210
RnnN1<F14N
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
04/06/09DY""'
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH of Colorado
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
720 South Colorado Boulevard
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 60ON
Denver, CO 80246
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Don Kehn Construction, Inc.
6550 SCR5
Fort Collins, CO 80528
INSURER A: Zurich American Insurance
16535
INSURER B: Everest National Insurance Co.
10120
INSURER C: Pinnacol Assurance
41190
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DALTEYMMIDD YYE
EXPII
PDATE MM DDATYYON
LIMITS
A
GENERAL LIABILITY
CP05942579
11/01/08
11/01/09
EACH OCCURRENCE
$1 000 000
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X] OCCUR
DAMAGE TO RENTED
P occurrence)
$300 000
MED EXP (Any one person)
$5 000
PERSONAL & ADV INJURY
$1 000 000
AI# U-GL-1175-B CW
(312007)
GENERAL AGGREGATE
s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$2 00O 000
POLICY X PRO LOC
JECT
A
AUTOMOBILE LIABILITY -
X ANY AUTO
CP05942579
11/01/08
11/01/09
COMBINED SINGLE LIMIT
(Ea accident)
S1,000,000
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON -OWNED AUTOS
BODILY INJURY
(Per accident)
�
X1 Ltd Pollution
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
B
EXCESS/UMBRELLA LIABILITY
71 CH000023081
11/01/08
11/01/09
EACH OCCURRENCE
s2,000,000
X1 OCCUR CLAIMS MADE
AGGREGATE
$2 000 000
$
$
DEDUCTIBLE
$
RETENTION $
C
WORKERS COMPENSATION AND
2093950
10/01/08
10/01/09
TH-
X WC SLIMIT ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$500000
E.L. DISEASE - EA EMPLOYEE
$500,000
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$500 000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Project Description: Drake Road Widening
Bid No. 7020
The following are Additional Insureds as respects General Liability only
(See Attached Descriptions)
1,r_m I Iri%,A 1 C
City of Fort Collins
215 North Mason Street
2nd Floor
Fort Collins, CO 80524
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3n* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
ACORD 25 (2001/08) 1 of 3 #S629345/M611482
AUTHORIZED REPRESENTATIVE
It . .is _�n_
1
RMSTY 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (2001/08) 2 of 3 #S629345/M611482
Drake Road Widening Project:
Addendum 1 CONSTRUCTION YEAR: 2009
CITY OF FORT COLLINS, CAPITAL PROJECTS
CONTRACT CONTRACT
ITEM QUANTITY QUANTITY TOTAL
NUMBER DESCRIPTION WEST EAST UNIT TOTAL COST COST
DraketRoadWidemnPro eciaQuantrties ,scs.,•' s
603-01
603-02
603-03
18" RCP Class III
18" RCP FES Class III
12" SDR-35 Pie (irrigation Line
0
0
0
20
2
116
LF
EA
LF
20
2
116
$ -
$ _
$ -
604-01
604-02
604-03
2' X 10' Metal Sidewalk Chase
4''Diarrieter,.M8irih6le. 3' .
Concrete Headwall Per Detail
0
0
0
1
1
1
EA
EA
EA
1
1
1
$ _
$ _
$ _
604-04
Concrete Collar
0
1
EA
1
$ _
607-01
3-Wire Fence
196
374
LF
570
$ -
607-02
3-Rail Wood Dowel Fence
0
202
LF
202
$
607-03
Install 12' Metal Gate @ Irrigation Access Road
0
1
EA
1
$ -
608-01
Concrete Sidewalk - 6"
2,079
3717
SF.
5796
$ -
608-02
Concrete Drive Approach - 8"
522
369
SF
891
$ _
608-03
Concrete Trickle Pan 2' Wide w/6" Curbs
0
25
LF
25
$ -
609,-01
Vertical Curb and Gutter 30"
472
741
LF
1213
$ -
609-02
Driveway Curb Cuts
65
35
LF
100
$ -
.. n'�/r:::yC "�iX'>.V^:.'tn.. - .. 6'9'. .x...--
Landsca a Quant�tiesa=r } . , ..z E_ ' � ,° ... `gayME . M
2900-02 8" X 8" Landscape Timbers 0 120 LF 120.00
$ -
2900-03
Relocate Irrigation Pipe and Spigot Kiefts Property
0
1
LS
1.00
$ -
2900-04
Rocky Mountain Junipers 15 al
0
1 13
EA
13.00
$ -
2900-05
2" Ornamental Trees (Honey Locust
0
1 4
EA 1
4.00
$ -
._':r•.b. vn,. 'v.:`=;cas .a- .�»aaaFrcxr.;^"_�': .:f( - �. .. ram.>. v: - .. ,-,,�•� ... :x. � .. _:;fi �.. f,-,:�w.y� ^'51` �-ewai. - � m:-„: r:.cc,....
Miscellaneous Quantities �_+;:, :_ ���j y.: w � � . �.
�iha..,.,�t. '�'.,
.
R
..^rdMu�k�.'� 6.'m�'.':'
$ -
- lContract
Bond 1
0 LS
1
626-01 1
Mobilization 0.5
0.5 LS
TOTAL $
TOTAL IN WORDS
No Text
Additional Insured — Automatic — Owners, Lessees Or
Contractors ZURICH
Policy No. Exp. Date of Pol. Eff. Date of End. Agency No. Addl. Prem. Return Prem.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured:
Address (including ZIP Code):
I
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
' A. Section II — Who Is An Insured is amended to include as an insured any person or organization who you are re-
quired to add as an additional insured on this policy under a written contract or written agreement.
' B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property
damage" or "personal and advertising injury" covered under SECTION I - Coverage A - Bodily Injury And Prop-
erty Damage Liability and Section I - Coverage B - Personal And Advertising Injury Liability, but only with
respect to liability for "bodily. injury", "property damage" or "personal and advertising injury" caused, in whole or in
Pam, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; and resulting directly from:
a. Your ongoing operations performed for the additional insured, which is the subject of the written contract or
' written agreement; or
b. "Your work" completed as included in the "products -completed operations hazard", performed for the addi-
tional insured, which is the subject of the written contract or written agreement.
C. However, regardless of the provisions of paragraphs A. and B. above:
1. We will not extend any insurance coverage to any additional insured person or organization:
' a. That is not provided to you in this policy; or
b. That is any broader coverage than you are required to provide to the additional insured person or organiza-
tion in the written contract or written agreement; and
' 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower
of:
a. The Limits of Insurance provided to you in this policy; or
b. The Limits of Insurance you are required to provide in the written contract or written agreement.
' Includes copyrighted material of Insurance Services Office, Inc., with its permission_ U-GL-1 175-B CW (3/2007)
Page 1 of 2
D. The insurance provided to the additional insured person or organization does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" ari:,ing out of the rendering or failure to ren-
der any professional architectural, engineering or surveying services including:
1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; and
2. Supervisory, inspection, architectural or engineering activities.
E. The additional insured must see to it that:
1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional insured is a Named Insured, if the written contract or written agree-
ment requires that this coverage be primary and non-contributory.
F. For the coverage provided by this endorsement:
1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV — Com-
mercial General Liability Conditions:
This insurance is primary insurance as respects our coverage to the additional insured person or organization,
where the written contract or written agreement requires that this insurance be primary and non-contributory. In
that event, we will not seek contribution from any other insurance policy available to the additional insured on
which the additional insured person or organization is a Named Insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Com-
mercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured by attachment of
an endorsement to another policy providing coverage for the same 'occurrence", claim or "suit". This provision
does not apply to any policy in which the additional insured is a Named Insured on such other policy and where
our policy is required by written contract or written agreement to provide coverage to the additional insured on a
primary and non-contributory basis.
G. This endorsement does not apply to an additional insured which has beer added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to
that identified additional insured.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as
written.
InelUdes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1 175 B CW (3/2007) ,
Page 2 of 2
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:7020 Drake Road Widening
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR:
' CONTRACT DATE:
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or.
specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date.
' A tentative list of items to be completed or corrected is appended hereto.
This list may not be exhaustive, and the failure to include an item on it does
not alter the responsibility of the CONTRACTOR to complete all the Work in
' accordance with the Contract Documents.
ENGINEER
' AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and
agrees to complete and correct the items on the tentative list within the time
indicated.
By.
CONTRACTOR
' AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as
substantially complete and will assume full possession of the project or
' specified area of the project at 12:01 a.m., on The
responsibility for heat, utilities, security, and insurance under the Contract
Documents shall be as set forth under "Remarks" below.
' CITY OF FORT COLLINS, COLORADO By:
OWNER
AUTHORIZED REPRESENTATIVE DATE
' REMARKS:
' Rev 16/20/07
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, 7020 Drake Road Widening.
A check is attached hereto in the amount of $
as Final Payment for all Work done, subject to the terms of the Contract
Documents which are dated 20_.
In conformance with the Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following
date: _, 20_.
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
Rev 10/20/07
0
Section 00640 Page 1
' SECTION 00650
' LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
' FROM: (CONTRACTOR)
PROJECT:7020 Drake Road Widening
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 anyfunds in the OWNER'S possession or control concerning the project
or against the OWNER or its officers, agents, employees or assigns
arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender,
' if any, and the Surety on the project against and from any claim
hereinafter made by the CONTRACTOR'S Subcontractors, materialmen,
employees, servants, agents or assigns against the project or against the
' OWNER or its officers, employees, agents or assigns arising out of the
project for all loss, damage and costs, including reasonable attorneys
fees, incurred as a result of such claims.
Rev10/20/07 Section 00650 Page 1
5. The parties acknowledge that the description of the project set forth
above constitutes and .adequate description of the property and
improvements to which this Lien Waiver Release pertains. It is further
acknowledged that this Lien Waiver Release is for the benefit of and may
be relied upon by the OWNER, the lender, if any, and Surety on any labor
and material bonds for the project.
Signed this
ATTEST:
Secretary
STATE OF COLORADO
day of
CONTRACTOR
By.
Title.
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
2 0_, by
Witness my hand and official seal.
My Commission Expires:
Notary Public
2 0_
Rev10/20/07 Section 00650 Page 2
1
1
1
1
1
1
1
1
1
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: 7020 Drake Road Widening
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of ,
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorney (s) -in-
Fact.
Rev10/20/07 Section 00660 Page 1
' SECTION 00670
1
Section 00670 Page 1
1 1
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 232-2416
6
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
nn WIT WRITF IN THIC CPGr.P
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials
for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and
materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road,
street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by
law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor
to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
Registration/Account No. (to be assigned by DOR)
Period
_
0170�-r750 (999) $0.`00
89
4-
CONTRrA`CTORirINFORIIAATION' `
-a
r,:+.•.4 f
Trade name/DBA:
Owner, partner, or corporate name:
Mailing address (City, State, Zip):
Contact Person
E-Mail address:
Federal Employer's Identification Number:
Bid amount for your contract:
Fax Number:
)
Business telephone number:
Colorado withholding tax account number:
1,.%,c.v.a._.M1 tr . ,3, U., s `q ;,"`�-•< ="s `.� ,$'- g� .. r+<. •i'. �... 3 Yk 4'C
�.� « ?�.. ' Copies ofycontract or agreement'pages:(1)'tdentrfymg heacontractmg parties
_;. -
E°XEMPYYTION INFORMATION and (2) contammg"signatures of contracting parties must b`e attached
Name of exempt organization (as shown on contract):
Exempt organization's number:
98 -
Address of exempt organization (City, State, Zip):
Principal contact at exempt organization:
Principal contact's telephone number:
Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located)
Scheduled Month Day Year
Estimated Month Day Year
construction start date:
completion date:
1,<i" rf _ � Y S � �.d G y i.'L $,•a[C d .N. k � 'l.?�,. f L' , +, �� 'i' f'i .` �f Y -.Y C .Ifn' ! � ,� � _: ,.i �p -..
'"' i`' t .,,, i ly C F.r . t i� 5.`""w. - ``t N'iY..d�✓,J 't 3 J"i' .Y.'i' £ t k S"�j -ci
- "�
L x .t'
. , z+ .c.'c� ,, y � � x<.s -� y ,� �•:,r ra ?c c t < f•t t ?'z** � '� _ � -i 5'
+`
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:
DO NOT WRITE BELOW THIS LINE
Section 00670 Page 2
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:
Asphalt 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.
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.
I
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
ESAL's = Drake Road: 1,095,000
Binder: PG 58-28
' Designed according to the most recent set of SUPERPAVE Specifications available.
SEE TABLE 403-1 NEXT PAGE FOR DESIGN CRETERIA
A request made in writing by the Contractor for changes in the job 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.
A maximum of 20% reclaimed material will be allowed for HBP Grading SG.
' The Contractor shall construct the work such that all roadway pavement placed prior to the time
paving operations end for the year, shall be completed to the full thickness required by the plans.
The Contractor's Progress Schedule shall show the methods to be used to comply with this
requirement.
� I
PAVEMENT SECTION:
Grading S
Grading SG
Aggregate Base Coarse
Drake Road
2"
3"
9"
11'
' Special Notice
Contractors who have completed this application in the past, please note the following changes in
procedure:
I
The Department will no longer issue individual Certificates of exemption to subcontractors. Only
prime contractors will receive a Contractor's 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 subcontractor's name and address and signing
it.
' The original Certificate should always be retained by the prime contractor. Copies of all Certificates
that the prime contractor issued to subcontractors should be kept at the prime contractor's place of
business for a minimum of three years and be available for inspection in the event of an audit.
' Once an 89# has been assigned to you, please use the next five numbers following it for any
applications submitted for future 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.
1
1
1
1
1
1
1
1
1
1
Section 00670 Page 3
SECTION 00700
GENERAL CONDITIONS
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to
that document are shown by underlining text that has been added and
striking through text that has been deleted.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
1
J
Article or Paragraph
Number & Title
TABLE OF CONTENTS OF GENERAL CONDITIONS
Page 'Article or Paragraph
Number Number & Title
DEFINITIONS .............................................1
I
1.1
Addenda........................................
1.2
Agreem ent
1
1.3
Application for Payment .......................
I
I.4
Asbestos.............................................I
1.5
Bid.....................................................1
1.6
Bidding Documents .............................1.
1.7
Bidding Requirements ..........................1
1.8
Bonds.................................................1
1.9
Change Order,,,,,,,,,,,,,,,,,
I
1.10
Contract Documents,,...._.,,,. .............
1
1.11
Contract Price .............. I .......................
1
1.12
Contract Times
1
1.13
CONTRACTOR ..................................
]
1.14
defective .............................................
1
1.15
Drawings............................................1
1.16
Effective Date of the Agreement......,,..
1
1.17
ENGINEER.......................................I
1.18
ENGINEERS Consultant .......................
1
1.19
Field Order.........................................1
1.20
General Requirements .........................2
1.21
Hazardous Waste
2
1.22.a
Laws and Regulations; Laws or
Regulations ........................................
1.22.b
Legal Holidays .....................................
1.23
Liens...................................,..............2
1.24
Milestone............................................2
1.25
Notice of Award..................................2
1.26
Notice to Proceed.................................2
1.27
OWNER ..............................
2
1.28
Partial Utilization ......................
2
1.29
PCBs
2
1.30
Petroleum ....................................
2
1.31
Project................................................2
1.32.a
Radioactive Material,.......„..................2
1.32.b
Regular Working Hours ...... .............
2
1.33
Resident Project Representative....._
_2 ...
1.34
Samples..............................................2
1.35
Shop Drawings..............:.....................2
1.36
Specifications.....................................2
1.37
Subcontractor.....................................2
1.38
Substantial Completion .......................2
1.39
Supplementary Conditions,,,,,,,,,,,,,,,,,
2
1.40
Supplier ........ ...............:
1.41
Underground Facilities ................
2-3
1.42
Unit Price Work..................................3
1.43
Work.........:........................................3
1.44
Work Change Directive„ .....................
3
1.45
Written Amendment
Page
Number
2. PRELIMINARY MATTERS ............... .................
3
2.1
Delivery of Bonds.................
3
2.2
Copies of Documents ........................3
2.3
Commencement of Contract
Times; Notice to Proceed ...............
3
2.4
Starting the Work ...........................
3
2.5-2.7
Before Starting Construction;
CONTRACTOR's Responsibility
to Report; Preliminary Schediles;
Delivery of Certificates of
Insurance .................................
3-4
2.8
Preconstruction Conference
4
2.9
Initially Acceptable Schedules ...........
4
CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE..........................................4
3.1-3.2
Intent .............................................
4
3.3
Reference to Standards and Speci-
fications of Technical Societies;
Reporting and Resolving Dis-
crepancies .................................
4-5
3.4
Intent of Certain Terms or
Adjectives ....................................
5
3.5
Amending Contract Docunents.........
5
3.6
Supplementing Contract
Documents ...................................
5
3.7
Reuse of Documents
5
4. AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS.........................................5
4.1
Availability of Lands,,,,.„..............5-6
4.2
Subsurface and Physical
Conditions ....................................
6
4.2.1
Reports and Drawings....................„6
4.2.2
Limited Reliance by CONTRAC-
TOR Authorized; Technical
Data.............................................6
4.2.3
Notice of Differing Subsurface
or Physical Conditions ..................
6
4.2.4
ENGINEER's Review ...........
6
4.2.5
Possible Contract Documents
Change.........................................
6
4.2.6
Possible -Price and Times
Adjustments ............................
5-7
4.3
Physical Conditions --Underground
Facilities
7
4.3.1
Shown or Indicated
7
4.3.2
Not Shown or Indicated
7
4.4
Reference Points .............................
7
EJCDC 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 Numhr Number & Title Number
4.5 Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material 7-8
.....................
5. BONDS AND INSURANCE .................................
8
5..1-5.2
Performance, Payment and Other
Bonds...............................................8
5.3
Licensed Sureties and Insurers;
Certificates of Insurance ....................
8
5.4
CONTRACTOR's Liability
Insurance..........................................9
5.5
OWNER's Liability Insurance...............9
5.6
Property Insurance ..........................9-10
5.7
Boiler and Machinery or Addi-
tional Property Insurance..................10
5.8
Notice of Cancellation Provision
10
5.9
CONTRACTOR's Responsibility
for Deductible Amounts ....................
10
5.10
Other Special Insurance ............... I......
10
5.11
Waiver of Rights................................11
5.12-5.13
Receipt and Application of
Insurance Proceeds ......................
10-11
5.14
Acceptance of Bonds and Insu-
ance; Option to Replace... .................
11
5.15
Partial Utilization --Property
Insurance
11
6. CONTRACTOR'S RESPONSIBILITIES ...............
11
6.1-6.2
Supervision and Superintendence.._....
11
6.3-6.5
Labor, Materials and Equipment...
11-12
6.6
Progress Schedule..............................12
6.7
Substitutes and "Or -Equal" Items;
CONT RACTOR's. Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation.............
12-13
6.8-6.11
Concerning Subcontractors,
Suppliers and Others;
Waiver of Rights .........................13-14
6.12
Patent Fees and Royalties.... „ „ .......14
6.13
Permits
14
6.14
Laws and Regulations ........................14
6.15
Taxes
14-15
6.16
Use of Premises ................... . .............
15
6.1.7
Site Cleanliness
15
6.18
Safe Structural Loading.....................15
6.19
Record Documents
6.20
Safety and Protection ....................15-16
6.21
Safety Representative .........................16
6.22
Hazard Communication Programs._....
16
6.23
Emergencies.....................................16
6.24
Shop Drawings and Samples..............16
6.25
Submittal Proceedures; CON-
TRACTOR's Review Prior
to Shop Drawing or Sample
Submittal ....................................
16
6.26
Shop Drawing & Sample Submit-
tals Review by ENGINEER ......
16-17
6.27
Responsibility for Variations
From Contract Documents ............
17
6.28
Related Work Performed Prior
to ENGINEER's Review and
Approval of Required
Submittals ................. ..................17
6.29
Continuing the Work......................17
6.30
CONTRACTOR's General
Warranty and Guarantee...............17
6.31-6.33
Indemnification ..........................
17-18
6.34 .
Survival of Obligations ...................
18
7. OTHER WORK.................................................18
7.1-7.3
Related Work at Site.......................is
7.4
Coordination ..................................
18
8. OWNER'S RESPONSIBILITIES ..........................
18
8.1
Communications to CON-
TRACTOR.................................18
8.2
Replacement of ENGINEER .....
.._....is
8.3
Furnish Data andPay Promptly
When Due..................................18
8.4
Lands and Easements; Reports
and Tests...............................18-19
8.5
Insurance.......................................19
8.6
Change Orders...............................19
8.7
Inspections, Tests and
Approvals...................................19
8.8
Stop or Suspend Work;
Terminate CONTRACTOR's
Services......................................19
8.9
Limitations on OWNER'S
Responsibilities ............................19
8.10
Asbestos, PCBs; Petroleum,
Hazardous Waste or
Radioactive Material....................19
8.11
Evidence of Financal
Arrangements .............................19
9. ENGIlVEER'S STATUS DURING
CONSTRUCTION........................:..........'..........19
9.1
OWNER's Representative ...............
19
9.2
Visits to Site
19
9.3
Project Representative ...............19-21
9.4
Clarifications and Interpre-
tations.........................................21
9.5
Authorized Variations in Vbrk
21
iii EJCDC 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
9.6
Rejecting Defective Work...................21
13.8-13.9
Uncovering Work at ENGI-
9.7-9.9
Shop Drawings, Change Orders
NEER's Request .....................27-28
and Payments...................................21
13.10
OWNER May Stop the Work
28
9.10
Determinations for Unit Prices......
21-22
13.11
...........
Correction or Removal of
'
9.11-9.12
Decisions on Disputes; ENGI-
Defective Work ...............
.......28
NEER as Initial Interpreter ..............
22
13.12
Correction Period
28
9.13
Limitations on ENGINEER's
13.13
Acceptance ofDefeetive Work .........
28
Authority and Responsibilities....22-23
13.14
OWNER May Correct Defective
'
Work .....................................
28-29
CHANGES IN THE WORK .......................................
23
10.1
OWNER's Ordered Change ................
23
14. PAYMENTS
TO CONTRACTOR AND
10.2
10.3
Claim for Adjustment.:..,,,.,
Work Not Required by Contract
23
COMPLETION ......................
14.1 Schedule of Values
29
29
Documents .......
23
14.2
Application for Progress
10.4
Change Orders..................................23
Payment ....................................
10.5
Notification of Surety
14.3
CONTRACTOR'S Warranty of
.29
Title..........................................29
CHANGE OF CONTRACT PRICE .............................23
14.4-14.7
Review of Applications:for
11.1-11.3
Contract Price; Claim for
Progress Payments .................
29-30
Adjustment; Value of
14.8-14.9
Substantial Completion......._ ..
30
the Work ........................I......
23-24
14.10
Partial Utilization ,,,,,..„.........,30-31
'
11.4
Cost of the Work.......
24-25
14.11
Final Inspection.......
31
11.5
Exclusions to Cost of the Work .........
25
14.12
Final Application for Payment
.....31
11.6
CONTRACTOR's Fee .......................
25
14.13-14.14
Final Payment and Acceptance .......
31
11.7
11.8
Cost Records ...................... ........25-26
Cash Allowances ................
26
14.15
Waiver of Claims,._.....,.
2
31 3-
11.9
Unit Price Work ................................26
15. SUSPENSION OF WORK AND
TERMINATION
...............................................
32
CHANGE OF CONTRACT TIMES ............................26
15.1
OWNER May Suspend Work ..........
32
12.1
Claim for Adjustment ............
26
15.2-15.4
OWNER May Terminate
32
12.2
Time of the Essence ..... ........26
15.5
CONTRACTOR May Stop.
12.3
Delays Beyond CONTRACTORS
Work or Terminate .................
32-33
Control ......................................
26-27
'
12.4
Delays Beyond OWNER's and
CONTRACTOR'S Control................27
16. DISPUTE RESOLUTION ..................................
33
17. MISCELLANEOUS...........................................33
TESTS AND
INSPECTIONS; CORRECTION,
17.1
Giving Notice ................................
33
REMOVAL OR ACCEPTANCE OF
17.2
Computation of Times
33
'
DEFECTIVE
WORK .................... ...............................
27
17.3
...................
Notice of Claim .............................
33
13.1
Notice of Defects ................27
17.4
Cumulative Remedies
33
13.2
Access to the Work ............................27
17.5
Professional Fees and Court.
13.3
Tests and Inspections;
Costs Included ..............................
33
CONTRACTOR's Cooperation_.......,
27
17.6
Applicable State Laws ...............
33-34
'
13.4
OWNER's Responsibilities;
Intentionally
left blank.......................................35
Independent Testing Laboratory,......27
13.5
CONTRACTOR's
EXHIBIT GC -A:
(Optional)
Responsibilities...............................27
Dispute Resolution Agreement .................. _., GC-A1
'
13.6-13.7
Covering Work Prior to Inspec-
16.1-16.6
Arbitration ... ........... GC
-AI
tion, Testing or Approval,
27
16.7
Mediation...............................GC-Al
EJCDC GENERAL 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.........................................9.12
14.15
insurance ...........................................................
5.14
other Work, by CONTRACTOR_
........................7.3
Substitutes and "Or -Equal" Items
..................... 6.7.1
Work by OWNER ................
.........2.5, 6.30, 6.34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities ..............................................4.1
site, related Work...............................................7.2
Work,..........................................13.2,
13.14, 14.9
Acts or Omissions--, Acts and Omissions--
CONTRACTOR........................_.........6.9:1,
9.13.3
ENGINEER ..........................................
6.20, 9.13.3
OWNER...................................................
6.20, 8.9
Addenda --definition of (also see
definition of Specifications) .......
(1.6, 1.10, 6.19), 1.1
Additional Property Insurances.
........................
......... 5.7
Adjustments --
Contract Price or Contract
Times ...........................1.5,
3.5, 4.1, 4.3.2, 4.5.2,
............................. 4.5:3, 9.4, 9.5, 10.2-10.4,
11 12 14.8 15.1
......................................... .
progress schedule ...........:..................................
. ,
6.6
Agreement --
definition of......................................................1.2
"All -Risk" Insurance, policy form............................5..6.2
Allowances, Cash....................................................11.8
Amending Contract Documents ................................
3.5
Amendment, Written --
in general................1.10, 1.45, 3.5, 5.10,
5.12, 6.6:2
..........................6.8.2,
6.19, 10.1, 10.4, 11.2
....................................
12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to .... ....... .............
..9'10, 9.11, 10.4, 16.2, 16.5
Application for Payment--
definition of......................................................1.3
ENGINEER's Responsibility ............................... 9.9
final payment .................
9.13.41 9.13.5, 14.12-14.15
in general ..........................2.8,
2.9, 5.6.4, 9.10, 15.5
progress payment .....................................
14.1-14.7
review of ...................................................
14.4-14.7
Arbitration ......................................................
16.1-16.6
Asbestos --
claims pursuant thereto..........................4.5.2,
4.5.3
CONTRACTOR authorized to stop Work..........4.5.2
definition of
..........................................................
1 A
Article or Paragraph
Number
OWNER responsibility for............................4.5.1,
8.10
possible price and times change ........................4.5.2
Authorized Variations in Work,..,,....
3.6, 6.25, 6.27, 9.5
Availability of Lands ..........................
................4.1,8.4
Award, Notice of --defined .......................................1.25
Before Starting Construction
2.5-2.8
Bid --definition of........................1.5
(1.1, 1.10, 2.3, 3.3,
........................ 4.2.6.4, 6.13, 11.4.3, 11.9.1)
Bidding Documents --definition
of
1.6(6.8.2)
Bidding Requirements --definition
of................................I.........1.7
(1.1, 4.2.6.2)
Bonds --
acceptance of .....................................
:.............. 5.14
additional bonds ... ............... ................
10.5, 11.4.5.9
Cost of the Work.........................„.,,,,,.„........11.5.4
definition of.......................................................1.8
delivery of...................................................2.1,
5.1
final Application for Payment .................14.12-14.14
general ......................................
1.10, 5.1-5.3, 5.13,
........................................9.13,
10.5, 14.7.6
Performance, Payment and Other
.......... ........ 5.1-5.2
Bonds and Insurance --in general.................................5
Builder's risk "all-risk" policy form .........................5.6.2
Cancellation Provisions, Insurance .........
5.4.11, 5.8, 5.15
Cash Allowances....................................................11.8
Certificate of Substantial Completion,.
...... 1.38, 6.30.2.3,
..................................................14.8,
14.10
Certificates of,Inspection ....................9.13.4,
13.5, 14.12
Certificates of Insurance...,. 2.7,
5.3, 5.4.11, 5.4.13,
..................5.6.5, 5.8,
5.14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances ...............................:..............
11.8
claim for price
adjustment.............4.1, 4.2.6,
4.5, 5.15, 6.8.2, 9.4
...................9.5, 9.11, 10.2,
10.5, 11.2, 13.9,
.......................13.13, 13.14,
14.7, 15.1, 15.5
CONfRACTOR's fee, ........................................
11.6
Cost of the Work
general...............................................11.4-11.7
Exclusions to...............................................11.5
Cost Records
11.7
in general.............1.19, 1.44, 9.11,
10.4.2, 10.4.3, 11riciig
Lump Sum P........................................11.3.2
..
Notification of Surety ......................
. ...... . ...........10.5
Scopeof ....................................................
Testing and Inspection,
Uncovering the Work ..................................
13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
J
Unit Price Work 11.9
...........................................
Article or Paragraph
Number
Value. of Work..................................................11.3
Change in Contract Times --
Claim for times adjustment..,,,,,,
4.1, 4.2.6, 4.5, 5.15,
............ 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1,
............... 13.9, 13.13, 13.14, 14.7, 15.1, 15.5
Contractual time limits.....................................12.2
Delays beyond CONTRACTOR's
control........................................:...............12.3
Delays beyond OWNER's and
CONTRACTOR's control ............................
12.4
Notification of surety .........................................
10.5
Scope of change..............••,.......................10.3-10.4
Change Orders --
Acceptance ofDefective Work ..........................13.13
Amending Contract Documents .......................
3.5
Cash Allowances _..•.,.,•,,,,,,,,,,,,,,,,•,...-...............11.8
Change of Contract Price .....................................
II
Change of Contract Times ..................................
12
Changes in the Work .........
...•... ...... 10
CONTRACTOR's fee ...., ...................................
11.6
Cost of the Work .......................................
11.4-11.7
Cost Records....................................................11.7
definition of ...................... I
...1.9
emergencies .....
................6.23
ENGINEER's responsibility.......
9.8, 10.4, 11.2, 12.1
execution of.....................................................10.4
Indemnifiction .........................6.12, 6.16, 6.31-6.33
Insurance, Bonds and.......................5.10,
5.13, 10.5
OWNER may terminate
15.2-15.4
OWNER's Responsibility .........................8.6,
10.4
Physical Conditions --
Subsurface and........................:.....................
4.2
Underground Facilities ................................
4.3.2
Record Documents ................
......... 6.19
Scope of Change ..............................
......... 10.3-10.4
Substitutes .......
........... 6.7.3, 6.8.2
Unit Price Work ... .............................................
11.9
value of Work, covered by .................................
11.3
Changes in the Work................................................10
Notification of surety,...... •...•.............................10.5
OWNER's and CONTRACTOR's
responsibilities ...............
10.4
Right to an adjustment ............................
10.2
Scope of change ...................... ..............
....10.3-10.4
Claims --
against CONTRACTOR ....................................
6.16
against ENGINEER .........................................
6.32
against OWNER ....................................
.... :...... 6.32
Change of Contract Price ...........................
9.4, 11.2
Change of Contract Times ...........................
.4, 12.1
CONTRACTOR's.........•..4, 7.1, 9.4, 9.5, 9.11, 10.2,
........................... 11.2, 11.9,
12.1, 13.91 14.8,
......... ...............................
I ... 15.1,15.5, 17:3
CONTRACTOR's Fee 11.6
........................................
Article or Paragraph
Number
CONTRACTOR's liability ....... _... 5.4, 6.12, 6.16, 6.31
Cost of the Work
11.4, 11.5
Decisions on Disputes ................ ........
....... 9.11, 9.12
Dispute Resolution............................................16.1
Dispute Resolution Agreement ....................16.1-16.6
ENGINEER as initial interpretor........................9.11
Lump Sum Pricing.........................................11.3.2
Noticeof...........................................................1.7.3
OWNER's....................9.4, 9.5, 9.11,
10.2, 11.2, 11.9
............... 12.1,13.9,13.13,13.14,17.3
OWNER's liability ....................
5.5
OWNER may refuse to make payment
................14.7
Professional Fees and Court Costs
Included.....................................................17.5
request for formal decision on
..............................
9.11
Substitute Items.............................................0.7.1.2
Time Extension .......... ...
...............................12.1
.....
Time requirements....................................9.11,
12.1
Unit Price Work .........
..............11.9.3
Valueof...................................:.......................1,1.3
Waiver of --on Final Payment.................14.14,
14.15
Work Change Directive ...............................
... ....10.2
written notice required ... ..............9.11,
11.2, 12.1
Clarifications and Interpretations ..
3 6 3 9.4, 9.11
Clean Site .................... ....... ...............6.17
Codes of Technical Society, Organization
or Association.................................................3.3.3
Commencement of Contract Times ...........................2.3
Communications—
general ......................... ..........,....6.2,
6.9.2, 8.1
Hazard Communication Programs .....................6.22
Completion --
Final Application for Payment .........................14.12
Final Inspection ............. .........
............14.11
Final Payment and Acceptance ...............14.13-14.14
Partial Utilization...........................................14.10
Substantial Completion .............
1.38, 14.8-14.9
Waiver of Claims ............................................
14,15
Computation of Times ......... .................17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others.................................................6.8-6.11
Conferences --
initially acceptable schedules .............................
2.9
preconstruction...................................2.8
Conflict, Error, Ambiguity, Discrepancy --
CONTRACTOR to Report .......................
. . . 2.5, 3.3.2
Construction, before starting by
CONTRACTOR.....,. ..........................
..... _.....2.5-2.7
Construction Machinery, Equipment, etc, .................
6.4
Continuing the Work .......................... .........6.29,
10.4
Contract Documents --
Am ending ...................................... ..................
..3.5
Bonds.............................................................
5.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances 11.8
...............................................
Article or Paragraph
Number.
Change of Contract Price ....................................
I I
Change of Contract Times ...................................
12
Changes in the Work................................10.4-10.5
check and verify ......... ...........
2.5
Clarifications and
Interpretations ......................... 3.2, 3.6, 9.4, 9.11
definition of
1.10
ENGINEER as initial interpreter of ..................
9.11
ENGINEER as OWNER'S representative..............9.1
general3
Insurance...........................................................5.3
Intent .........................................................
3.1-3.4
minor variations in the Work..............................3.6
OWNER'S responsibility to furnish data...............8.3
OWNER's responsibility to make
prompt payment ..........................8.3, 14.4,
14.13
precedence................................................3.1,
3.3.3
Record Documents............................................6.19
Reference to Standards and Specifications
of Technical Societies ...................................
3.3
Related Work ......................................................
7.2
Reporting and Resolving Discrepancies .........
.5, 3.3
Reuse of.............................................................
3.7
Supplementing:.................................................
3.6
Termination of ENGINEERS Employment
.......... 8.2
Unit Price Work
.................................................
11.9
variations..........................................3.6,
6.23, 6.27
Visits to Site, ENGINEERs................................
9.2
Contract Price --
adjustment of ................ 3.5, 4.1, 9.4, 10.3,
11.2-11.3
Changeof........................................................11
Decision on Disputes........................................9.11
definition of.....................................................1.11
Contract Times --
adjustment of ...........................3.5, 4.1, 9.4, 10.3, 12
Change of................................................12.1-12.4
Commencement of
2.3
definition of ..................... ........... ....................1.12
.
CONTRACTOR --
Acceptance of Insurance ...................................
5.14
Communications ......................................
6.2, 6.9.2
Continue Work, .............................. .........
6.29, 10.4
coordination and scheduling............................6.9.2
definition of ..........................................:............
1.13
Limited Reliance on Technical
Data Authorized ..........................................
4.2.2
May Stop Work or Terminate............................15.5
provide site access to others .......................7.2,
13.2
Safety and Protection ...................4.3.1.2, 6.16, 6.18,
...................................... 6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal........................................6.25
Stop Work requirements ..................... ............. 4.5.2
CONTRACTOR's-
Article or Paragraph
Number
Compensation............................................
i 1.1-11.2
Continuing Obligation.....................................14.15
Defective Work ............. .............9.6, 13.10-13.14
Duty to correct defective Work ..........................13.11
Duty to Report --
Changes in the Work caused by
Emergency ...........................................
.6.23
Defects in Work of Others.............................7.3
Differing conditions...........................:.......4.2.3
Discrepancy in Documents .........2.5, 3.3.2, 6.14.2
Underground Facilities not indicated ...........
4.3.2
Emergencies ..... .... .............. ..... ... ......................
6.23
Equipment and. Machinery Rental, Cost
of the Work...........................................11.4.5.3
Fee --Cost Plus..........................11.4.5.6, 11.5.1;
11.6
General Warranty and Guarantee .......................6.30
Hazard Communication Programs ...............
6.22
Indemnification ........................6.12, 6.16,
6.31-6.33
Inspection of the Work ................
7.3, 13.4
Labor, Materials and Equipment ........... ..........
6.3-6.5
Laws and Regulations, Compliance by...: .........
6.14.1
Liability Insurance ..............................................
5.4
Notice of Intent to Appeal .........................9.10,
10.4
obligation to perform and complete
theWork....................................................6.30
Patent Fees,and Royalties, paid for by................6.12
Performance and Other Bonds ............................5.1
Permits, obtained and paid for by, ......................
0.13
Progress Schedule ..........................:2.6, 2.8, 2.9, 6.6,
........................................6.291, 10.4, 15.2.1
Request for formal decisionon disputes,,,,,,,,,,,,,,
9.11
Responsibilities-- .
Changes in the Work. ...................................
10.1
Concerning Subcontractors, Suppliers
and Others ... ...................................
6.8-6.11
Continuing the Work ..........................6.29,
10.4
CONTRACTOR's expense............................6.7.1
CONTRACTOR's General Warranty
and Guarantee :
......................................
6.30
CONTRACTOR's review prior to Shop
Drawing or Sample submittal .................
6.25
Coordination of Work ..................................
6.9.2
Emergencies ......... .........:..........:..................
6.23
ENGINEERS evaluation, Substitutes
or "Or -Equal" Items.............................6.7.3
For Acts and Omissions
of Others..............•..,.,..,,,•„.6.9.1-6.9.2, 9.13
for deductible amounts, insurance. ............
......5.9
general........................................6, 7.2,
7.3, 8.9
Hazardous Communication Programs ...........
6.22
Indemnification
6.31-6.33
Vii EJCDC GENERAL CONDITIONS 191078 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Labor, Materials and Equipment..............0.3-6.5
Laws and Regulations..................................6.14
Liability Insurance......... .. 5.4
Article or Paragraph
Number
Notice of variation from Contract
Docum ents...........................................
6.27
Patent Fees and Royalties............................6.12
Permits ......................................................
6.13
Progress Schedule ..........................................
6.6
Record Documents ......................................
6.19
related Work performed prior to
ENGINEERs approval of required
submittals
6.28
safe structural loading ..... :...........................
6.18
Safety and Protection .................... 6.20,
7.2, 13.2
Safety Representative .......................
... .... ..6.21
..
Scheduling the Work ...........
6.9.2
Shop Drawings and Samples .......................
6.24
Shop Drawings and Samples Review
by ENGINEER......................................6.26
Site Cleanliness ..........................................
6.17
Submittal Procedures.........................:.........6.25
Substitute Construction Methods
and Procedures
6.7.2
Substitutes and "Or -Equal" Items................6.7.1
Superintendence ......................
6.2
Supervision ........................... ... .....................6.1
Survival of Obligations................................6.34
Taxes...
axes .............................
Tests and Inspections„.................................13.5
ToReport ......................................................2.5
Use of Premises .....................6.16-6.18,
6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal ........................................
6.25
Right to adjustment for changes in the Work .....10.2
right to claim ............. 4, 7.1, 9.4, 9.5, 9.11,
10.2,11.2,
........... 11.9,12.1,13.9,14.8,15.1,15.5,17.3
Safety and Protection ................. 6.20-6.22, 7.2, 13.2
Safety Representative
6.21
Shop Drawings.and Samples Submittals
6.24-6.28
Special Consultants...............................I.......11.4.4
Substitute Construction Methods and Procedures 6.7
Substitutes and "Or -Equal" Items,
Expense ........................................
6.7.1, 6.7.2
Subcontractors, Suppliers and Others ...........
6.8-6.11
Supervision and Superintendence .......... 6.1;
6.2, 6.21
Taxes, Payment by...........................................6.15
Use of Premises .......................................
6.16-6.18
Warranties and guarantees .......... ...............
6.5, 6.30
Warranty of Title ..... ......... .........
........14.3
Written Notice Required --
CONTRACTOR stop Work or terminate
_......15.5
Reports of Differing Subsurface
and Physical Conditions .......................
4.2.3
Substantial Completion.............................:..14.8
viii
CONTRACTORS --other .............................................. 7
Contractual Liability Insurance ............................. 5.4.10
Contractual Time Limits., 12.2
Article or Paragraph
Number
Coordination--
. CONTRACTORs responsibility ........................6.9.2
Copies of Documents ...................... .........
....... 2.2
Correction Period..................................................13.12
Correction, Removal or Acceptance
of Defective Work--
in general...................................10.4.1,
13.10-13.14
Acceptance ofDefective Work ..........................1.3.13
Correction or Removal of
Defective Work .............
............... . .....
6:30, 13.11
Correction Period
..........13.12
OWNER May Correct Defective Work ........
......13.14
OWNER May Stop Work.................................13.10
Cost --
of Tests and Inspections ...................................
„13.4
Records11.7
Cost of the Work --
Bonds and insurance, additional ...................11.4.5.9
Cash Discounts.........................„..__....,.„.„.,..11.4.2
CONTRACTORS Fee
11.6
Employee Expenses, .....................................
11.4.5.1
Exclusions to .... ..:........... ........ ........ ..................11.5
General11.4-11.5
Home office and overhead expenses....................I
1.5
Losses and damages .........................
11.4.5.6
Materials and equipment ................................
11.4.2
Minor expenses...._.
Payroll costs on changes.................................11.4.1
performed by Subcontractors .......... ... ....
.. „ 1.1.4.3
Records 11.7
Rentals of construction equipment
and machinery.......................................11.4.5.3
Royalty payments, permits and
license fees .........................................
11.4.5.5
Site office and temporary facilities
11.4.5.2
Special Consultants, CONTRACTORS
........,11.4.4
Supplemental.................................................11.4.5
Taxes related to the Work............................11.4.5.4
Tests and Inspection...._...
W. 13.4
Trade Discounts ..................:..........................
11.4.2
Utilities, fuel and sanitary facilities ..............11.4.5.7
Work after regular hours ..................................
11.4.1
Covering Work ............... ... ....... ......................13.6-13.7
Cumulative Remedies ..................................:..
17.4-17.5
Cutting, fitting and patching ....................................
7.2
Data, to be furnished by OWNER..„ .........................
8.3
Day --definition of .. .. ............................................17.2.2
Decisions on Disputes...................................9.11,
9.12
defective --definition of ........ .........
1.14
defective Work --
Acceptance of.......................................10.4.1,
13.13
EJCDC GENERAL CONDITIONS 1910.8
(1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
The design mix for Grading S, SX, and SG shall conform to the following:
TABLE 403-1
Pr
Test
Method
Grading S
Grading SG
Grading Sx
N/A this Project
Air Voids, percent at:
CPL 5115
N (initial)
> 11.0
> 11.0
> 11.0
N (design)
3.0 - 5.0
3.0 - 5.0
3.0 - 5.0
N (maximum)
> 2.0
> 2.0
> 2.0
Lab Compaction (Revolutions):
CPL 5115
-
N (initial) (a)
8
8
(a)
N (design) (b)
109
109
(b)
N (maximum) (a)
174
174
(a)
Stability, minimum (a)
CPL 5106
42
42
(a)
(for information)
Aggregate Retained on the 4.75 mm
CP 45
60
60
60
(No. 4) Sieve with at least two
Mechanically Induced Fractured
Faces, % minimum
Accelerated Moisture Susceptibility
CPL 5109
80
80
80
Tensile Strength Ratio (Lottman),
Method B
I
i
minimum
Minimum Dry Split Tensile
CPL 5109
205 (30)
205 (30)
205 (30)
Strength, kPa (psi)
Method B
Grade of Asphalt Cement
PG 58-28
PG 58-28
PG 58-28
Top Layer
Grade of Asphalt Cement Layers
PG 58-28
PG'58-28
PG 58-28
Below To
Voids in the Mineral Aggregate
CP 48
14.0
12.0
(a)
(VMA) % minimum (a)
Voids Filled with Asphalt (VFA) %
AI MS-2
65 - 75
65 - 75
(a)
(a)
(a) Current CDOT Design Criteria
(b) Residential 50, Collector 75, Arterial 100
Note: AIMS-2 = Asphalt Institute Manual Series 2
Note: The current version of CPL 5115 is available from the Region Materials Engineer.
Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve
shall be approached 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 225degree F.
Emulsified Asphalt for tack coat shall be Grade CSS-1h. 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.
Correction or Removal of „.....,10.4.1, 13.11
Correction Period 13.12
.............................................
in general.........................................13, 14.7, 14.11
Article or Paragraph
Num ber
Observation by ENGINEER ........ ........ ................
9.2
OWNER May Stop Work.................................13.10
Prompt Notice of Defects...... ___....... ..................13.1
Rejecting .................................. . ......................9.6
..
Uncovering She Work................„.....................13.8
Definitions ................................................................
1
Delays......................................4.1, 6.29, 12.3-12.4
Delivery of Bonds .....................................................
2.1
Delivery of certificates of insurance ...........:................2.7
Determinations for Unit Prices
..................................
9.10
Differing Subsurface or Physical Conditions -
Notice of ...........................................................
4.2.3
ENGINEER's Review......................................4.2.4
Possible Contract Documents Change ..............
4.2.5
Possible Price and Times Adjustments..............4.2.6
Discrepancies -Reporting
and Resolving................................2.5, 3.3.2,
6.14.2
Dispute Resolution -
Agreement .... ............................................
16.1-16.6
Arbitration .................................................
16.1-16.5
genera116
Mediation ..........................................................
1.6.6
Dispute Resolution Agreement.........................16.1-16.6
Disputes, Decisions by ENGINEER .................. ...........
Documents --
Copiesof...........................................................2.2
Record 6.19
Reuse of ....................:.. ......... ...... ..............
......... 3.7
Drawings --definition of...........................................1.15
Easements ..............................................................
4.1
Effective date of Agreement -- definition of..............1.16
Emergencies........................................................6.23
ENGINEER --
as initial interpreter on disputes .................9.11-9.12
definition of
1..17
Limitations on authority and responsibilities,.,.,
9.13
Replacementof .................................................
8.2
Resident Project Representative ...........................9.3
ENGINEER's Consultant -- definition of
1.18
ENGINEER's--
authority and responsibility, limitations on ......... 9.13
Authorized Variations in the Work
.......................
9.5
Change Orders, responsibility for ........ 9.7,
10, 11, 12
Clarifications and Interpretations ...............3.6.3,
9.4
Decisions on Disputes...............................9.11-9.12
defective Work, notice of,,,,,,,,,,,,,,,,,,,,,,,13.1
Evaluation of Substitute Items
.............................
6.7.3
Liability ..................................: .................
6:32, 9.12
Notice Work is Acceptable ................. I.............14.13
Observations .............. ..............................
6,30.2, 9.2
OWNER's Representative...................................9.1
Payments to the CONTRACTOR,
Responsibility for ................
*........
.,.......... 9.9, 14
Recommendation of Payment ....................14.4, 14.13
Article or Paragraph
Number
Responsibilities --Limitations on.................9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions .............................
4.2.4
Shop Drawings and Samples, review
responsibility ........ .............
........ 6.26
Status During Cvtstruction--
authorized variations in the Work..................9.5
Clarifications and Interpretations,,...,.
.9.4
Decisions on Disputes .........................
9.11-9.12
Determinations on Unit Price
9.10
ENGINEER as Initial Interpreter -.--.-_..-9.11-9.12
ENGINEER's Responsibilities
...9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities ......................
....... 9.13
OWNER'S Representative„_,,,. .....
..... 9.1
Project Representative...................................9.3
Rejecting Defective Work..............................9.6
Shop Drawings, Change Orders
and Payments....................................9.7-9.9
Visits to Site ...........................
9.2
Unit Price determinations .................. A...............
9.10
Visits to Site
9.2
Written consent required ..............................
7.2, 9.1
Equipment, Labor, Materials and .......................
6.3-6.5
Equipment rental, Cost of the Work................
.. 11.4.5.3
Equivalent Materials and Equipment .......................
6.7
error or omissions
...................................................
0.33
Evidence of.Financial Arrangements .......................8.11
Explorations of physical conditions ........................4.2.1
Fee, CONTRACTOR's--Costs Plus ...........................11.6
Field Order --
definition. of .......................................................
1.19
issued by ENGINEER................................3.6.1,
9.5
Final Application for Payment...............................14.12
Final Inspection ............................... ..............
........ 14.11
Final Payment --
and Acceptance......................................14.13-14.14
Prior to, for cash allovances,.._.............._.....-..-
11.8
General Provisions ..........................................
17.3-17.4
General Requirements --
definition of
1.20
principal references to..............2.6, 6.4,
6.6-6.7, 6.24
Giving Notice.........................................................17.1
Guarantee of Work --by CONTRACTOR,,,,,,,,
6.30, 14.12
Hazard Communication Programs ..........................
6.22
Hazardous Waste --
definition of.....................................................1.21
general.............................................................
4.5
O.WNER's responsibility for..............................8.10
EJCDC GENERAL CONDITIONS 1916-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
r�
1
1
Indemnification.......*......................6.12,
6.16, 6.31-6.33
Initially Acceptable Schedules..................................2.9
Inspection --
Certificates of..............................9.13.4,
13.5, 14.12
Final
14.11
Article or Paragraph
Number
Special, required byENGINEER .........................
9.6
Tests and Approval ............................ 8.7,
13.3-13.4
Insurance -
Acceptance of, by OWNER ..... ..........................
5.14
Additional, required by changes
in the Work
11.4.5.9
Before starting the Work ..............................
....................
2.7
Bonds and --in general.....................................E....5
Cancellation Provisions
5.8
Certificates of...................2.7, 5, 5.3, 5.4.11, 5.4.13,
............. *i......... 5.6.5, 5.8, 5.14, 9.13.4,
14.12
completed operations..................................1.5.4.13
CONTRACTORs Liability ..................
.._5.4
CONTRACTORS objection to coverage............
5.14
Contractual Liability......................................5.4.10
deductible amounts, CONTRACTORs
responsibility................................................
5.9
Final Application for Payment.. ... ...... ............
14.12
Licensed Insurers...............................................5.3
Notice requirements, material changes ........
5.8, 10.5
Option to Replace ........... ...... ....
... _. 5.14
other special insurances ..., ........
.......5.10
OWNER as fiduciary for insureds...............5.12-5.13
OWNERS Liability...................................I........5.5
OWNERS Responsibility,.... __.............................8.5
Partial Utilization, Property Insurance ...............
5.15
Property....................................................
5.6-5.10
Receipt and Application of Tnsurance
Proceeds
Special Insurance .............................................
5.10
Waiver of Rights ..............................................
5.11
Intent of Contract Documents
3. l -3.4
Interpretations and Clarifications ...............
3.6.3, 9.4
Investigations of physical conditions ..........................4.2
Labor, Materials and Equipment..........................6.3-6.5
Lands --
and Easements.......... .................... ...
. ......8.4
Availability of .............................................
4.1, 8.4
Reports and Tests...............................................8.4
Laws and Regulations --Laws or Regulations--
Bonds........................................................5.1-5.2
Changes in the Work........................................10.4
Contract Documents
3.1
CONTRACTORs Responsibilities ..................
6.14
Correction Period, defective Work ................
1112
Cost of the Work, taxes ................................
11.4.5.4
definition of ..............:........... .........
......1.22
general6.14
Indemnification .................................. ......
6.31-6.33
Insurance...........................................................5.3
Precedence .............„3.1, 3.3.3
Reference to...... , ,. 3.3.1
Safety and Protection................................6.20, 13.2
Subcontractors, Suppliers and Others ............ 6.8-6.11
Article or Paragraph
Number
Tests and Inspections....... ..........................
..13.5
Use of Premises .... .... ......
6.16
Visits to Site.......................................................9.2
Liability Insurance--
CONTRACTORs...............................................
5.4
OWNERs...........................................................5.5
Licensed Sureties and Insurers
5.3
Liens --
Application for Progress Payment ......................
14.2
CONTRACTORs Warranty of Title......:„......*,
14.3
Final Application for Payment .........................14.12
definition of ..... ............ ... .............
.....1.23
Waiver of Claims..................„...„.....-...,.,,,,,,,,14.15
Limitations on ENGINEERS authority and
responsibilities.................................................
9.13
Limited Reliance by CONTRACTOR
Authorized......................................................
4.2.2
Maintenance and Operating Manuals--
Final Application for Payment ............ :.............
14.12
Manuals (of others) --
Precedence . ......... ....
3.3.3.1
Reference to in Contract Documents .................
3.3.1
Materials and equipment --
furnished by CONTRACTOR
6.3
not incorporated in Work ...................................
14.2
Materials or equipment --equivalent,.. ........................
6.7
Mediation (Optional)..............................................16.7
Milestones --definition of........................................1.24
Miscellaneous --
Computation of Times......................................17.2
Cumulative Remedies........................................17.4
Giving Notice....................................................17.1
Notice of Claim.............1...................................17.3
Professional Fees and Court Costs Included .........
17.5
Multi -prime contracts .................................................
7
Not Shown or Indicated............:............................4.3.2
Notice of --
Acceptability of Project....................................14.13
Award, definition of.........................................1.25
Claim............................................................17.3
Defects,13.1
Differing Subsurface or Physical Conditions...._.
4.2.3
Giving ....................... .....................................
17.1
.
Tests and Inspections........................................13.3
Variation, Shop Drawing and Sample ...............6.27
Notice to Proceed --
definition of ............................. ......1.26
givingof ........................................................... 2.3
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Notification to Surety ........................
:..................... 10.5
Observations, by ENGINEER...._.
...........................
6.30, 9.2
Occupancy of the Work ...................
5.15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR................6.9, 9.13
Open Peril policy form, Insurance ............................
5.6.2
Option to Replace ...................................................
5.14
Article or Paragraph
Number
"Or Equal" Items ............... ........................................
6.7
Other work 7
Overtime Work --prohibition of.................................6.3
OWNER --
Acceptance ofdefective Work ..........................13.13
appoint an ENGINEER ............... I......................
8.2
as fiduciary ...............................................5.12-5.13
Availability of Lands, responsibility ....................
4.1
definition of .......................................................
1.27
data, furnish......................................................8.3
May Correct Defective Work ................... ........1.3.14
May refuse to make payment .........................
...14.7
May Stop the Work.........................................13.10
May Suspend Work,
Terminate............................8.8, 13.10,
15.1-15.4
Payment, make prompt. .................... $3, 14.4,
14.13
performance of other work ..................................
7.1
permits and licenses, requirements ................
6.13
purchased insurance requirements ...............5.6-5.10
OWNER'S --
Acceptance of the Work..............................6.30.2.5
Change Orders, obligation to execute..........
8.6, 10.4
Communications........................:.,............,,,....,8.1
Coordination of the Work
7.4
Disputes, request for decision............................9.11
Inspections, tests and approvals..................8.7,
13:4
Liability Insurance..............................................5.5
Notice of Defects ...............................................
13.1
Representative --During Construction,
ENGINEER's Status .......................:..............
9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material .................
8.10
Change Orders ......... :....................................
8.6
Changes in the Work ...................... I............10.1
communications ............................................
8.1
CONTRACTOR's responsibilities .... ....
... ....... 89
evidence of financial arrangements..............8.11
inspections, tests and approvals .....................
8.7
insurance .......................................................
8.5
lands and easements .....................................
8.4
prompt payment by ........................................
8.3
replacement of ENGINEER ...........................8.2
reports and tests............................................8.4
stop or suspend Work .................. 8.8, 13.10,
15.1
terminate CONTRACTOR's
services..........................................8.8,
15.2
separate representative at site..............................9.3
testing, independent.........................................13.4
use or occupancy
of the Work .........................5.15, 6.30.2.4, 14.10
written consent or approval
required ............................... .........9.1, 6.3, 11.4
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
F�
Article or Paragraph
Number
written notice required....--„..................7.1, 9.4, 9.11,
.................................... 11:2, 11.9, 14:7, 15.4
PCBs --
definition of.......... ............................................
1.29
genera(..............................................................4.5
OWNER's, responsibility for...............................8.10
Partial Utilization --
definition of......................................................1.28
general6.30.2.4, 14.10
Property Insurance ............................................
5.15
Patent Fees and Royalties......- ...........................
......6.12
Payment Bonds ...................................................
5.1-5.2
Payments, Recommendation of .............
:14.4-14.7, 14.13
Payments to CONTRACTOR and Completion --
Application for ProgressPayments ............
_......14.2
CONTRACTOR's Warranty of Title ..,.........„.....14.3
Final Application for Payment .........................
14.12
Final Inspection .............................................
14.11
Final Payment and Acceptance,,,,,,,,,,,,,,,
14.13-14.14
general................................:........................8.3,
14
Partial Utilization .........................
14.10
Retainage.............. .........
..................14.2
Review of Applications for
Progress Payments ......... ........ ..........
....14.4-14.7
prompt payment.................................................8.3
Schedule of Values ..................
14.1
Substantial Completion ...............................
14.8-14.9
Waiver of Claims.................„-.,----.------........--..14.15
when payments due.- ........................
14.4, 14.13
withholding payment........................................14.7
Performance Bonds
...............................................
5.1-5.2
Permits
Petroleum --
definition of ............................... :.......
I .............. 1.30
general ....... .....................4.5
..................................
OWNER's responsibility for ................................
8.10
Physical Conditions --
Drawings of, in or relating to.,........-
4.2.1.2
ENGINEER's review-------------„-.-.---,-.-----
- 4.2.4
existing structures ............................................
4.2.2
general4.2.1.2 .........................................
......... .. ...
Notice of Differing Subsurface or,..,-...
4.2.3
Possible Contract Documents Change..,-„--.....-
4.2.5
Possible Price and Times Adjustments .............
4.2.6
Reports and Drawings......................................4.2.1
Subsurface and....................................................4.2
Subsurface Conditions-----------------------------------
4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized ........................4.2.2.
Underground Facilities--
general........................................................
4.3
Not Shown or Indicded ...............................
4.3.2
Protection of . ..........
..............................
4.3, 6.20
Xii
Article or Paragraph
Number
Shown or Indicated ................................................
4.3.1
Technical Data ...............................................
4.2.2
Preconstruction Conference .....................
... .......... 2.8
Preliminary Matters...--,,,........,
.. 2
Preliminary Schedules ......................................
.......... 2.6
Premises, Use of
...............................................
6.16-6.18
Price, Change of Contract .. .... ............ ...................
... ..l 1
Price, Contract --definition of,.-..-.-.._--------------------
l.11
Progress Payment, Applications for ..-„-,-.....„--
14.2
Progress Payment--retainage...................................
14.2
Progress schedule, CONTRACTOR's.............
2.6, 2.8, 2.9,
......... ................. .. 6.6, 6.29,
10.4, 15.2.1
Project--defmition of..............................................1.31
Project Representative—
ENGINEER's Status During Construction .....--.....9.3
Project Representative, Resident --definition of ..-,..,--1.33
prompt payment by OWNER .....................................
8.3
Property Insurance--
Additional..............................
5.7
genera15.6-5.10
Partial Utilization................................5.15,
14.10.2
receipt and application of proceeds
5.12-5.13
Protection, Safety and .... ..........................
6.20-6.21, 13.2
Punch list ................................ .........................14.11
Radioactive Material--
defmtion.of................ , ....................................
1.32
general4.5
OWNER's responsibility for..-,-„--,...,-„
.............F.10
Recommendation of Payment ..,-..,-„-,,,14.4,
14.5, 14.13
Record Documents .. ......................................
6.19, 14.12
Records, procedures for maintaining„........................1.8
Reference Points .............................. .........................
4.4
Reference to Standards and Specifications
of Technical Societies ..............................
........... 3.3
Regulations, Laws and(or)....................................
. 6.14
Rej ecting Defective Work..........................................9.6
Related Work --
atSite........................................................7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review„..................6.28
Remedies, cumulative ........................................
17.4, 17.5
Removal or Correction ofDefective Work................13.11
rental agreements, OWNER approval required
..... 11.4.5.3
replacement of ENGINEER, by OWNER ....................
8.2
Reporting and Resolving
Discrepancies................................2.5, 3.3.2, 6.14.2
Reports --
and Drawings--.......-,
4.2.1
and Tests, OWNERS responsibility .....................
A
Resident and Project Representative --
definition of ....................................................
1.33
provision for 9.3
..............................................................
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR's................6.2
Responsibilities--
CONTRACTOR's-in general..................................6
ENGINEER's-in general........................................9
Limitations on ..............................................
9.13
OWNER's-in general ....... :.....................................
8
Retainage............................................................14.2
Reuse of Documents .................................................
3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal .........................6.25
Review of Applications for
Progress Payments.....................................14.4-14.7
Right to an adjustment..._.......................................10.2
Rights of Way .............. ......................
4.1
Royalties, Patent Fees and ......................................
6.12
Safe Structural Loading..........................................6.18
Safety --
and Protection................................4.3.2,
6.16, 6.18,
... .. ........ ..............6.20-6.21,
7.2, 13.2
general ........................... ..........................
6.20-6.23
Representative, CONTRACTORs......................6.21
Samples --
definition of.....................................................1.34
general ....................................................
6.24-6.28
Review by CONTRACTOR................................6.25
Review by ENGINEER..............................6.26,
6.27
related Work.....................................................6.28
submittal of ...................................................
6.24.2
submittal procedures.........................................6.25
Schedule of progress.............................2.6,
2.8-2.9, 6.6,
..... ......... ................6.29,
10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals..............................2.6, 2.8-2.9, 6.24-6.28
Schedule of Values..............................2.6,
2.8-2.9, 14.1
Schedules --
Adherence to..................................................15.2.1
Adjusting...........................................................6.6
Change of Contract Times.................................10.4
Initially Acceptable,. ........ ..............2.8,
2.9
Preliminary........................................................2.6
Scope of Changes.......................................10.3-10.4
Subsurface Conditions ..........................................
4.2.1.1
Shop Drawings --
and Samples, general ................................
6.24-6.28
Change Orders & Applications for
Payments, and.........................................9.7-9.9
definition. of.....................................................1.35
ENGINEER's approval of.................................3.6.2
ENGINEER's responsibility
for review .....................................
9.7, 6.24-6.28
related Work ......................................................
6.28
review procedures ........................ . ...
. ...2. 8, 6.24-6.28
Article or Paragraph
Number
submittal required ...............................................
6.24.1
Submittal Procedures
6.25
use to approve substitutions ..............................
6.7.3
Shown or Indicated ................................................
4.3.1
SiteAccess......................................................7.2,
13.2
Site Cleanliness ...........................................:............
6.17
Site, Visits to --
by ENGINEER...........................................9.2,
13.2
byothers..........................................................13.2
"special causes of loss" policy form,
insurance.......................................................
5.6.2
definition of.....................................................1.36
Specifications--
defination of....................................................1.36
of Technical Societies, reference to...................3.3.1
precedence......................................................3.3.3
Standards and Specifications
of Technical Societies ........................................
3.3
Starting Construction, Before ........................
.2.5-2.8
Starting the Work.....................................................2A
Stop or Suspend Work --
by CONTRACTOR...........................................15.5
by OWNER....... ....................... 8.8, 13.10,
15.1
Storage ofmaterials and equipment .....................4.1,
7.2
Structural Loading, Safety......................................6.18
Subcontractor --
Concerning ................................................
6.8-6.11
definition of.......:.............................................1.37
delays............................................................12.3
waiver of rights.................................................6.11
Subcontractors --in general ... ..............................6.8-6.11
Subcontracts --required provisions......... 5.11, 6.11,
11.4.3
Submittals --
Applications for Payment .................................
14.2
Maintenance and Operation Manuals„.............14.12
Procedures ...................: ..................................
.6.25
Progress Schedules ..................... *.................
2.6, 2.9
Samples ...............
Schedule of Values.....................................2.6,
14.1
Schedule of Shop Drawings and Samples
Submissions......,..,. ......2.6,
..............
2.8-2.9
Shop Drawings ......... ... . „ . .......,
6.24-6.28
Substantial Completion --
certification of............................6.30.2.3,
14.8-14.9
definition of ......................................................
1.38
Substitute Construction Methods or Procedure* ........
6.7.2
Substitutes and "Or Equal" Items...............................6.7
CONTRACTOR's Expense....,,.....................6.7.1.3
ENGINEER's Evaluation
6.7.3
" Or-E qua l"................. . .. . ...............................
6.7.1.1
Substitute Construction Methods
xiii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
I�
11
u
F�
I�
Article or Paragraph
Number
or Procedures.............................................6.7.2
Substitute Items,,,, ,,,,,,,,,,,,,,,,„........_.......,.....6.7.1.2
Subsurface and Physical Conditions--
Drawings of, in or relatng to ........................
4.2.1.2
ENGINEER's Review
4.2.4
general..............................................................4.
Limited Reliance by CONTRACTOR
Authorized ......................................:..........
4.2. 2
Notice of Differing Subsurface or
Physical Conditions.........................................
4.2.3
Physical Conditions.......................................4.2.1.2
Possible Contract Documents Change...............4.2.5
Possible Price andTimes Adjustments...
,, 4.2.6
Reports and Drawings......................................4.2.1
Subsurfaceand....................................................4.2
Subsurface Conditions at the Site,..................4.2.1.1
Technical Data.................................................4.2.2
Supervision—
CONTRACTOR's responsibility ..........................
6.1
OWNER shall not supervise.,......
8.9
ENGINEER shall not supervise,,,,,,,,,,,,,,,,
9.2, 9.13.2
Superintendence .............................................
.._...... 6.2
Superintendent, CONTRACTOR's resident
...............6.2
Supplemental costs...............................................11.4.5
Supplementary Conditions—
definition of.....................................................1.39
principal references to.................1.10, 1.18, 2.2, 2.7,
.......................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9,
.................5.11, 6.8, 6.13, 7.4, 8.11,
9.3, 9.10
Supplementing Contract Documents ......................
I..3.6
Supplier --
definition of......................................................1.40
principal references to...........3.7, 6.5, 6:8-6.11,
6.20,
..........................................6.24, 9.13, 14.12
Waiver of Rights ................................................
6.11
Surety --
consent to final payment ........................
. 14.12, 14.14
ENGINEER has no duty to . . .. . . . .........................
9.13
Notification of..................................10.1,
10.5, 15.2
qualification of ...........5.1-5.3
...................................
Survival of Obligations ...........................................
6.34
Suspend Work, OWNER May .......................13.10,
15.1
Suspension of Work and Termination_ ... ..................15
CONTRACTOR May Stop Work
or Terminate...............................................15.5
OWNER May Suspend Work...,.. ....................
15.1
OWNER May Terminate .............................
Taxes --Payment by CONTRACTOR ........................
6.15
Technical Data --
Limited Reliance by CONTRACTOR
4.2.2
Possible Price and Times Adjustments ..............
4.2.6
Reports of Differing Subsurface and
Physical Conditions....................................4.2.3
xiv
Temporary construction facilities 4.1
Article or Paragraph
Number
Term ination--
by CONTRACTOR...........................................15.5
by OWNER........................................8.8,
15.1-15.4
of ENGINEER's employment . ............. .................8.2
Suspension of Work-in general .............................15
Terms and Adjectives ...............................
............... 3.4
Tests and Inspections --
Access to the Work, by others ...........................13.2
CONTRACTOR's responsibilities ......................13.5
cost of 13A
covering Work prior to ..........................
.... 13.6-13.7
Laws and Regulations(or) ...............................
13.5
Notice of Defects...............................................13.1
OWNER May Stop Work..................................13.10
OWNER's independent testing ..........................i3.4
special, required by ENGINEER .......................
9.6
timely notice required .......................................
13.4
Uncovering the Work, at ENGINEER's
request. ................................................
13.8-13.9
Times--
Adjusting...........................................................6.6
Change of Contract.............................................12
Computation of.................................................17.2
Contract Times --definition of..........................1.12
day.........................................................17.2.2
Milestones ....................
12
Requirements --
appeals..,... .............................................
9.10, 16
clarifications,
claims and disputes..„.............9.11,
11.2, 12
Commencement of Contract Times
2.3
Preconstruction Conference .............................
2.8
schedules .........................................
2.6, 2.9, 6.6
Starting the Work.........................................2.4
Title, Warranty of....................................................14.3
Uncovering Work............................................13.8-13.9
Underground Facilities, Physical Conditions--
definition of ....................................................
1.41
Not Shown or Indicated ...................................
4.3.2
protection of..............................................4.3,
6.20
Shown or Indicated ...........................
4.3.1
Unit Price Work--
claims.........................................................1.1.9.3
definition of....................................................1.42
general11.9, 14.1, 14.5
Unit Prices--
general11.3.1
Determination for ......................................
9.10
Use of Premises '- ................6.18, 6.30.2.4
Utility owners..,,,. 6.13, 6.20,
7.1-7.3, 13.2
Utilization, Partial ......... ......„1.28, 5.15, 6.30.2.4,
14.10
Value of the Work ...................................................
11.3
Values, Schedule of..............................2.6,
2.8-2.9, 14.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EbITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Variations in Work --Minor
Authorized ....................................... 6.25, 6.27, 9.5
Article or Paragraph
Number
Visits to Site --by ENGINEER ... ... ...................
........... 9.2
Waiver of Claims --on Final Payment...........
....14.15
Waiver of Rights by insured parties..................5.11,
6.11
Warranty and Guarantee, General --by
CONTRACTOR................................................6.30
Warranty of Title, CONTRACTOR's........................14.3
bVork--
Access to ...........................................................
1.. 3.2
byothers...............................................................
7
Changesin the....................................................10
Continuing the.................................................6.29
CONTRACTOR May Stop Work
or Tenn inate ................................................
15.5
Coordination of ..................................
7.4
Cost of the ............... ..................................
11.4-11.5
definition of.....................................................1.43
neglected by CONTRACTOR..:........................13.14
otherWork............................................................7
OWNER May Stop Work.................................13.10
OWNER May Suspend Work...................13.10,
15.1
Related, Work at Site .....................................
7.1-7.3
Starting the........................................................2.4
Stopping by CONTRACTOR.............................15.5
Stopping by OWNER ... :.............................
15.1-15.4
Variation and deviation authorized, minor ............
Work Change Directive --
claims pursuant to ..............................................
definition of
........................................................
1.44
principal references to.......................3.5.3,
10.1-10.2
Written Amendment --
definition of ........................................................
1.45
principal references to...............1.10,
3.5, 5.10,15.12,
........................6-6.2, 6.8.2, 6.19, 10.1, 10.4,
............................ 11.2, 12.1,
13.12.2, 14.7.2
Written Clarifications and
Interpretations...................................3.6.3,
9.4, 9.11
Written Notice Required --
by CONTRACTOR.............................7.1,
9.10-9.11,
10.4, 11.2, 12.1
by OWNER ....................9,10-9.11, 10.4,
11.2, 13.14
xv
11
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) '
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
1
�I
F1
11
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xvn EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
GENERAL CONDITIONS
ARTICLE 1—DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terns have the
meanings indicated which are applicable to both the
singular and plural thereof:
1.1. Addenda --Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents.
1.2. 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.
1.3. Application for Payment —The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
1.4. Asbestos --Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration.
1.5. Bid —The offer or proposal of the bidder submitted
on the prescribed form setting forth the.prices for the Work
to be performed.
1.6. Bidding Documents —The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7. Bidding Requirements --The advertisement or
invitation to Bid, instructions to bidders, and the Bid form.
1.8. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change 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.
1.10. Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents),
CONTRACTOR's 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 1910.8 (1990 E(lition)
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 ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1 and 3.6.3 on or alter the Effective
Date of the Agreement. Shop Drawing submittals
approved pursuant to paragraphs 6.26 and 6.27 and the
reports and drawings referred to in paragraphs 4.2.1 and
4.2.2 are not Contract Documents.
1.11. Contract Price —The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work).
1.12. Contract Times —The numbers of days or the
dates stated in the Agreement: (i) to achieve Substantial
Completion, and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. C0N7R4CT0R--The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying
the word Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGMEER's 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.
1.16: 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.
1.17. ENGINEER —The person, firm or corporation
named as such in the Agreement.
1.18. ENGINEER's Consultant --A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.19. 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.
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1.20. General Requirements —Sections of Division 1 of
the Specifications.
1.21. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
1.22.a. Laws and Regulations; Laws or. Regulations --Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction
1.22.b. Legal Holidays--shall be those holidays observed
by the City of Fort Collins.
1.23. Liens --Liens, charges, security interests or
encumbrances upon real property or personal property.
1.24. 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.
1.25. Notice ofAward—Awritten notice by OWNER to
the apparent -successful bidder stating that upon compliance
'by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
1.26. Notice to •Proceed —A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents.
1.27. OWNER —The public body or authority,
corporation, association, firm or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided.
1.28. 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
1.29. PCBs —Polychlorinated biphenyls.
1.30. Petroleum --Petroleum, including crude oil or any
&action thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene
and oil muted with other non -Hazardous Wastes and crude
oils.
1.31. Proiect—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.
1.31a. Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EJCDC GENERAL, CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1954 (42 USC Section 2011 et seq.) as amended from
time to time.
1.32.b. Regular Working Hours -Regular working hours
are defined as 7:00am to 6:00pm unless otherwise
specified in the General Requirements.
1.33. Resident Proiect Representative —The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof.
1.34. Samples —Physical examples of materials,
equipment; or workmanship that: are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged
1.35. Shop Dranings--All drawings, diagrams,
illustrations, schedules and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
1.36. 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
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site.
1.38. Substantial Completion --The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGINEER's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEER's written recommendation of
final payment in accordance with paragraph 14.13. The
terns substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
1.39. Supplementary Conditions —The part of the
Contract Documents which amends or supplements these
General Conditions.
1.40. Supplier —A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor.
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
E
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. The saw cutting shall be considered incedental to the work and will not
' be paid for separately under this item. Tack coat shall be placed against clean, vertical edges on
all sides of the area to be patched.
Hot Bituminous Pavement Grading S and 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 '/2) 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 price for Hot
Bituminous Pavement.
' Subsection 403.04 shall include the following:
Hot Bituminous Pavement Grading SX, SG, and S, 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 Pa, Unit
' The pay unit is denoted by ().
403-01 Hot Bituminous Pavement — Grading SG (3" Depth) — (PG 58-28) — (TON)
' 403-02 Hot Bituminous Pavement — Grading SG (4" Depth) - Driveways — (PG 58-28) — (TON)
403-03 Hot Bituminous Pavement — Grading S (2" Depth) — (PG 58-28) — (TON)
The above prices and payments shall include full compensation for furnishing all labor, materials,
tools, equipment, and incidentals, and for doing all the work involved in Hot Bituminous
Pavement and Asphalt Patching, including pavement cutting, excavation, subgrade preparation,
' haul and disposal, compaction, rolling, surface preparation, and bituminous materials, complete
in -place, as shown on these plans, as specified in these specifications, and as directed by the
Engineer.
materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis
of unit prices.
1.43. 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 famishing services and
furnishing documents, all as required by the Contract
Documents.
1.44. Work Change Direcfive—A written directive to
CONTRACTOR, issued on or after the Effective.Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in paragraph4.2 or 43 or to
emergencies under paragraph 6.23. A Work Change
Directive willnot change.the Contract Price or,the Contract
Times, brit is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Tunes as
provided in paragraph 10.2.
1.45, 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 nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2—PREMIINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish 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•
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edlion)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
if a Notice to Proceed is given, on thedayindicated 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. Tsaysnt.:n the r-,... FAF# Tiffle.
Starting the Work:
2.4. 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 Construction:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in
writing to ENGINEER any conflict, error, ambiguity or
discrepancy which CONTRACTOR may discover and
shall .obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
thereby; however, CONTRACTOR shall not be liable to
OWNER or ENGINEER.for failure to report any conflict,
error, ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or reasonably
should have known thereof.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall .submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the -various stages of the Work, including
any Milestonesspecifted in the Contract Documents;
2.6.2. 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;
2.6.2.1. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer.
2.6.3. 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.
2.7. Before any Work at the site is started,
CONTRACTOR and GAINER shall eseh deliver to the
et#1ar OW'NE with copies to
identified in the Supplemer", ENGINEER
1
1
certificates of insurance (and other evidence of insurance
NaSenably request requested by OWNER) which
CONTRACTOR a �_o � is required
to purchase and maintain in accordance with
Paragraphs 5.4, 5.6 and 5.7.
Preconstruetion Conference:
2.8. 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 Applications for Payment and
maintaining required records.
Initially Acceptable Schedules.
2.9. Unless otherwise provided in the Contract
Documents; at least ten days befere submission of r._�
before any work at the site begins
a conference attended by CONTRACTOR, ENGINEER
and others as appropriate designated by OWNER will be
held to reviewfor acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2.6. 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 Times, but such acceptance will neither impose on
ENGINEER responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR's full
responsibility therefor. CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance:
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement behveen 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.
3.2. It is the intent of the Contract Documents to
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents. Any Work, materials or equipment that may
reasonably` be inferred from the Contract Documents or
from prevailing custom.or trade usage as being required to
produce the intended result will be furnished and
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.
3.3. Reference' to Standards and Specifications of
Technical Societies; Reporting and Resohdng
Discrepancies:
3.3.1. Reference to standards, specifications,
manuals or codes of any technical society,'organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, 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.
3.3.2. It, 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 of 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 6.23) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3:5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof.
3.3:3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract. Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
I7
3.3.3.2. the provisions of any such. Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
No provision of any such standard, specification, manual,
code or instructionshall 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 beeffective to assign to OWNER,
ENGINEER or any of ENGINEER's Consultants, agents or
employees any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
3.4. Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to. describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance :with the design
concept of the completed Project as a 'functioning whole as
shown or indicated in the Contract. Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to: supervise or direct the
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.
Amen[ting.and Supplementing Contract Documents
3.5. The Contract Documents may be .amended to
provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in one or
more of the following ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4),
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract
Documents may be supplemented; and minor variations
and deviations in the Work may be authorized, in one or
more of the following ways:
3.6.1. A Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse of Documents. .
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership .rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or. bear mg; the seal of ENGINEER or
ENGINEER's Consultant, and (ii) 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 ojLands.
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be .
performed, rightsof--way and easements for access
thereto, and such other lands which are designated for the
use of CONTRACTOR .Upeare I..
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so furnished with which CONTRACTOR will have
to comply in performing the Work. Easements for
permanent structures or permanent changes in 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 OWNER's famishing these lands, rights -of -
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles l l and 12.
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CONTRACTOR shallprovide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.Z Subsurface and PhysicalCondtions:
4.2.1. Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of:
4.2.1.1. Subsurface Conditions: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents;
and
4.2.1.2. Physical Conditions: Those drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents.
4.2.2. Limited Reliance by CONTRACTOR Authorized -
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings; but such reports and drawings are not
Contract Documents. Such "technical data" -is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
42.2.1. the completeness of such reports and
drawings for CONTRACTOR's 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
4.2.2.3. any, CONTRACTOR interpretation
or conclusion drawn from any "technical data"
any such data, interpretations, opinions
information.
4.2.3. Notice of Differing ,Subsurface or Plrysical
Conditions: 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 or
EJCDC GENERAL CONDITIONS 1910-5 (1990Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
indicated in the Contract Documents, or
4.2.3.4. 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, pretnpt4y 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 paragraph 6.23), 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 OIArNER in writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions.
4.2.5: 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.
4.2.6. Possible Price and Times Ac#'ustments: An
equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's cost
of, or time required for performance of the Work; subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 4.2.3.4, inclusive;
4.2:6.2. 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;
4.2.63. with respect to Work that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9.10 and 11.9, and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if,
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract -Price and Contract Times by the
1
submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. 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. CONTRACTOR's making such final
commitment; or
4.2.6.4.3. CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as, to the amount or length of any such
equitable adjustment in the Contract Price or .Contract
Times; a claim -may be made therefor as provided in
Articles I I and 12. However, OWNER, ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project.
4.3. Physical -Conditions - Underground FaefGties:
4.3.1. Shown.orindlcate& The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by She 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
4.3.1.2. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for: (i) reviewing and
checking all such information and data, (ii) locating
all Underground Facilities shown or'indicated in the
Contract Documents;(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
protection of all such Underground Facilities as
provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. dot Shown or Indicated. If an Underground
Facility is uncovered or revealed of or contiguous to
the site which was not shown or indicated in the
Contract Documents, 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 required by paragraph 6.23),
identify the owner of such Underground Facility and
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 6.20.
CONTRACTOR shall may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the. existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not,know of and could
not reasonably have been expected to be aware of or
to have anticipated If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER. and ENGINEER'S
Consultants; shall not be liable to CONTRACTOR for
any claims, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
Reference Points.•
4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed. or .requires .relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material:
4.5.1. 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.
F
1
J
EJCDC GENERAL CONDITIONS 19105 (1990 Echtion)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
ARTICLE 5--BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5:1. CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff Bureau of
Government Financial Operations, U.S. Treasury
Department. All Bonds signed by an agent must be
accompanied by a certified copy -of such agent's authority
to act.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or. it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both of which must be acceptable to OWNER
5.3. Licensed Sureties and Insurers; Certificates of
Insurance:
5.3.1. All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds 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 5.4. OWNER shall
additional irAured identified in the Supplementary
^
de: ee " f S^smv noo--rcgac" ,7�1-rir ...' 9RAGTn�
Diu
CONTR,ICTOR's Liability Insurance:
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance. as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACTOR's performance and
furnishing of. the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or, by anyone directly or
indirectly employed.by any of them :to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4,2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
5.4.3. claims for dam ages. because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.4.5: claims for damages, other than to the Work
itself; because of injury to or destruction of tangible
property wherever located, including loss of use
resulting'therefrom; and
5.4.6. claims 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 maintained shall:
5.4.7. with respect to insurance required by
paragraphs 5.4.3 through 5.4.6 inclusive .and 5.4.9,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGINEER's
Consultants and any other persons of entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds;
5.4.8. include the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by. Laws or
Regulations; whichever is greater;
5.4.9. include completed operations insurance;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000)
5.4.10. include contractual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs 6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days'
prior written notice has been.given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary 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 times thereafter when CONTRACTOR may
be correcting, removing or replacing defective Work
in accordance with paragraph 13.12;.and
5.4.13. with respect to . completed operations
insurance, and any insurance coverage written on a
claims -made basis, remain in.effect for at least two
years after final payment _(and CONTRACTOR shall
furnish OWNER and each other additional insured
identified in the Supplementary, Conditions to whom
a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment and one year thereafter).
OWNER's Liability Insurance:
5.5. In addition to insurance required to be provided
by ,CONTRACTOR under paragraph 5.4, OWNER, at
OWNER's option, may purchase and maintain at
OWNER's expense OWNER's own liability insurance as
will protect OWNER_against.claims which may arise from
operations under the Contract Documents.
Property Insurance:
I
1
5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
identified in the 8l3pglementa!t f ndiM:....�f
by CQwIT nGTOR e_,t_...ont _ er others suffering any
.eh less and :f .:... of them .,:she.:
age :.l:_ .� i:_.:.., f m,PuEehase and maintain it at the Purehasees O'�% expense.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Receipt and Application oflnsuranee Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph5.13. 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.
5.13.. OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's 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 and ' - d : ^•: g by any party:
Acceptance of Bonds andlnsuranee; Option to Replace:
5:14. If either p" • (OlAg4cn or GGwrFRAGTnn
OWNER has any objection to the coverage afforded by or
other provisions of the I3exds eF insurance required to be
purchased and maintained by the ethff p"
CONTRACTOR in accordance with Article 5.on the basis
of nonconformance with the Contract Documents, the
*eeting party shall so notify Ow ethef paM OWNER will
notify CONTRACTOR in writing within ten fifteen days
after reseigt delivery of the certificates (er other
fegaestedj to OWNER as required by paragraph 2.7.
Previddeea as the et" ably.ret!fquest. I€ either
the required coverage W4th ut e:.,diee te efly oche_ _: 1i:
Bands of insu�-anee- at
the expefis� 4 the "Fed to provide such
ipge QFdar shall be issued to adjust the
Partial UtiGurtion—PropertvInsurance:
5.15. If OWNER finds it necessary to occupy or use "a
portion or portions of, the Work prior to Substantial
EJCDC GENERAL CONDITIONS I910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
Completion of all the Work, such use or occupancy may
be accomplished in .accordance with paragraph 14.10;
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6—CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, . inspect and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with -the Contract Documents.
CONTRACTOR shall be solely responsible for the means,
methods, techniques, ,sequences and procedures of
construction, but, CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
.of a specific means, method, technique, sequence or
procedure of construction.which is shown or indicated in
and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents.
6.1 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
CONTRACTOR's 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, Materials and Equipment:
6.3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
good discipline and order at the site. Except as otherwise
required for the safety or protection of persons or the
Work or._property at the site or adjacent thereto, and
except.as.otherwise indicated.in the Contract Documents,
all Work at the 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 OWNER's 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 Working Hours.
6.4. 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.
6.4.1. Purchasing Restrictions: CONTRACTOR
must comply with the City's purchasing restrictions. A
copy of the resolutions are available for review in the
offices of the Purchasing and Risk Management
Division or the Citv Clerk's office.
6.4.2. 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 bum
hazardous waste as"afuel.
'
6.5. 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.•
6.6. 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:
6.6.1. CONTRACTOR shall submit to ENGINEER
for acceptance (to the extent indicated in
paragraph 2.9) 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.
6.6.2. 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.
6.7. Substitutes and "Or=Equal"Items.
'
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function and quality
required. Unless the specification or description
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
12
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w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/7000)
contains or is followed by words reading that no like,
equivalent or "or -equal" item or no substitution is
permitted. other items of material or equipment or
material or equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances:
6.7.1.1. 'Or -Equal" If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that
no change in related Work will be required, it may
be considered by ENGINEER as an "or -equal"
item, in which case review and approval of the
proposed item may, in ENGINEER's sole
discretion, be accomplished without compliance
with some or all of the requirements for
acceptance of proposed substitute items.
6.7.1.2. Substitute Items. If in ENGINEER's 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 design, be similar
in substance to that specified and be suited to the
same use as that specified The application will
state theextent, if any, to which the evaluation
and acceptance of the proposed substitute will
prejudice CONTRACTOR's 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
subjectto 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'replacemenf
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