Loading...
HomeMy WebLinkAbout465532 CONCRETE STRUCTURES INC - CONTRACT - BID - 7081 BRIDGE REPLACEMENT - WHITCOMB AND MAGNOLIAFinancial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Bridge Replacement - Whitcomb and Magnolia BID NO. 7081 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS October 21, 2009 - 3:00 P.M. (OUR CLOCK) 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute .or, "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors,' suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. Rev 10/20/07 Section 00100 Page 4 i 1 eoFer$ga-theft;-�r+mialism-ancl-meliciotis-aiischief; earthquake, 60llap e-debrjs-3am a}—ri Wition -s an Reel alieP6, „a - spes�sally�t�tt ieRs; 5 6.3-include-expenses--=urred--Jn-the--repair-or 1 replacement-of-any-ihsu cl p including -lout -not limited ig fees And , r _d arehiteets) ' AF-Bt-anE3iiiZF-IOCattENi-i}39t-t`95-B�rCEGi-to�f}tll'iEing-hi' prel`tdec� that su n +Beloded finreeammended b, 0 l� 1 ,'Cr)3�l T.��uitd �3-. ���,II_ tREd:tnCd-iAt iTCBt—tlAtli--iW$%�ayiiieRt--75 made tin"' _ a_sSaed- leF BRd--Rise .. .- ... M1.1"alroc-T-3nwr'm i8 1 as-mav-lx-req�iued-hy-rite SupplnditroM_or 1 Awq Qn4 f nuTfi .R rnrrry n , r hom 1 CinFe2'SEAnd gia im., oc �n'sivr=^i al-trtsared:- tea. a h _ i tRauiFnux�d=b�-0l�l4ti�R iR•aeeerdattee-ti'iil;-paragraphs S:tt 1 eoFerege-offordzcl-gilt not-bp-a©ncellad-or--materially changed or-[anew'al refused=t)ntil At least y-<lPvs'-pfior wr�tteri-notice-hes-been-gir2a-te--91�i�FER send 1 G OFF A'/�f•OR And -M.h t K�IicHaa-a-certtl3©ate-ofansumnce-hes-baeaa-tssued-and-will cctrua irt—►v ewer—ftrorvsior>s—at—accordance—with 1 5:9 OWNER shall not be responsible for purchasing and maintauting. any property, msu ance to protect the interests. of CONTRACTOR, Subcontractors or others in such-doss-sad--t�anc-o�ihein-w tshas�roper{y-vrs �-Q—i{-��N'%ii?�%-halt-iftbe �ifi jtteSl9-H3-iYrit-Ti^St-6liitT ar1Gc' 1 Change Order er Written Alnendiraent idaer to EICDC(if2NT .AL COiIDITIONS 1910$ (199oEdtim) 1 10 wl CITY OF FORT COLLI NS MODIFIC.411ONS tPX- V 411000) conimenczmant-of-i)x3-4�'c�rl:-at-t}x-sere; �?�'�sR-shall-iR �tE+tg else Gt T . ' �yat�le-u�tdzr-any-�olicy-si�-issued agaytst:----G-C-0�'�'•Rf1C-SOPS--.Subeo;t�ac�ers; - �s-£erts�-thz oflioers directors employes end -agents o"ny-of them; l ir., <if-usa--car--catheF--oc�nsequentia�--loss-z.�ctanding beyond-direct-}�yslcel--lei.--er-aaipage-to AM e�sittg-ceii-of-er-irsultirtg-from-i'fre-or--pF#iei-peril, ultether-or-riot-tnsured-by-QW��R=and 8 -1O aRtFit N �BF-6 HCfilltBl-18S5-FNfefi lot this pffa��O.-isieffi recovery-against-erey-offi�?T-I'-R�1G�=9R subcoritrtctors; 'nts-iirail--tlaa-cif{'+car$; rihem Receipt andApplication of lnsuraneeFroeeeds: 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 t60WNER as fiduciary for the insureds; as their interests may appear, subject to the rzqulrements 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 Kitfi such agreement as"the parties in interest may reach If no other special agrreemeni.is'reached the damagai Work shall be repaired or replaced, the moneys so ro i , ' applied oil accountAhore1.of and the: Work and the cost thereoC'e . creel by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and .settle amp kiss with the insurers furless one of the in writing parties in interest shall object vittliiri fifteen days after the occurrence of loss to OVVNI R's exercise of this power•. If such objection be made, OW R as fiduciary shall mak"e settlement with ihe`insurers in accordance with such agreement. as the parties in inter t may teach. if no such agreement among the parties to interest is ruched OWWNtiZ as. fiduciary shall adjust and settle the loss with Acceptanee ofBondv and Insurance; Optibn to Replace: 5.14. If -PkG:FBRj OWNER has anv objection to the coverage afforded by or other provisions of the Mils -of insurance .required to be purchased and maintained by the CONTRACTOR in accordance withArticle 5 on the sii's 'of nori-canformarice with the Contract Documents, the *eetine-pertysliall-so•notify-tlte-other-party O\lNIIt uill notify CONfRAL'TOR in writing within ter', fifteen days after weipt delivery "of the certificates (or -caber -evidence rec>tnestad) to OWNER as required by paragraph 2.7. Partid Utilization=Prope j Insumnce: 5.15. If OW LATER funds it necessary to occupy or use a portion or portions of the Work prior:to. Substantial EJCDC GENERAL C-OND1710M 191" (19" Edition) wl CITY Of FORT COLLINS MODIFICATION'S 0ZEA14I_'000j Completion of all the Worl, such use or occupancy may be accomplished in Accordaance with paragraph 14.10; provided that no such use or.occupancy shall commence before the insurers providing the.property insurance have acledged notice thereof and in wiritini 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 accountof any such partial use or occupancy. ARTICLE: Gi COIN71FZACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall suPery isc, inspect and direct the. Work competcAily and 'e'fC}cieinly, devoting such atfention t}iereto and applyir such skills and . ex[xrtise as maybe 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 constructiori, but CONTRAGCOR shall riot be responsible for the 'negligence of others in "the design or specification of a specific means, method, technique, sequence or procedure of construetion:wluch is shown or indicated in and eNZirescI re 'red. by ,.the Ciiiitmet' Documents. CONTRACTOR shall be responsiblc to sec thaf the completed Work complies accurately with the Contract Documents. 6Z CONTRACTOR shall keep on the Work at all times during its progress a competent resident who shall not be replaced'without written rfotice to' OWNER and ENGIATER except under extraordinary circumstances. The superintendent will be CONTRACTOR's.represe4tative at the site AM shall have aullidrity to act an. behalf of cONM; ACTOR.: All communications to. the. superintendent shall be as binding as if given to CONTRACTOR, Labor, Materials and Equipment: 63. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work. as:. required by the Contract Documents: CONTRACTOR shall at all trines maintain good discipline and order at the.slte Except as otherwise required for the safety, of ptotection .of persons or the WVoii or property at the site. or adjacent thereto, and exezpt a5 othawise:.iiidicated in the Contract Docpiiients, ail Vlrorl: at the site shall be 'perfoniied dunitg regular working hours and CONTRACTOR will riot permit overtime work or the performance of Work-' on Saturday; Sundav or any legal holidav without OWNER's written 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 siait-up and completion of the Work. 6.4.1. Purchasing Restrictidm CONTRACTOR must comply with the 'Citti,`s'puichasine restrictions. A cope of the resolutions arc available for review in the offices of the Purchasing and Risk Mans2ement Division or the City Clerk's office. 6.4:2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products coritainine cement to certiR• that the cement was not made in cement kilns that bum hazardous waste as a fuel: 6.5. All. materials and equipment shall be of good quality and new, except as oihen}ise provided in the Contract Documents Alf warranties and, guarantees specifically called, for by the Specifications shall expressly run to the henefit o_ f OR'NER if rcgtured by ENGIl`TF.ER, "'shall CONTRACTOR 61i'Ish' satisfactory evidence (including reports of required testj) as to' the kind and quality of materials and equipment. All materials and equipment shall be apphed,'installed, connected, erected, used, cleaned and conditioned in accordance with instriictrtms of the applicable Supplier, c cept as othcrwrsc provided in the IContract Documents: PMgr w-,S hedxfe. 6.6. CONTRACTOR shall a0h-ere 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 ettent indicated in paragraph?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 m effect and additionally will comply with any provision, of the General Requirements applicable "thereto. 6.6.2. Proposed adjustments inthe pro gess schedule that-willchange the Contract Times (or Milestones) shall be submitted ih accordance with.the'riegtrirements of paragraph 12.1 Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12, 6.7. SubsWftitesan0 "Or-Egital" Ise hs. 6 71. Whenever an item of material or,equipment is specified,& described in the Contract Documents by using the name of a proprietary item or the name of a particular. Supplier,.thc.spccifncation or description is intended to establish the type, function and quality required. Unless the specification or description VCDC GET'ERAL CONDITIONS 010.8 (1990 Edition) ' 1 ` w/CITY OF FORT COLLI M MODIFICATIONS (REV 4P 000) J 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 ENGrNTEER " 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 Warkwill 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 with outI compliance with some or all. of the requirements for acceptance of.propased substitute "stems 6.7.1 Substitute llemsi If in ENGINEER's sole discretion an .item. of material or :equippmcnt proposed. by CONTRACTOR does not qualify as an "or -equal" item under subparairaph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall "submit sufficient information as provided below to allow ENGINEFR to determine that the,itern of material or equipment"propogcd is cssaitially cquivalcrit to thai "named and.an acceptable substitute therefor. The procedure for review by the,ENGII\TEER will include the follotvmg as supp'Jeriented in the General requirements and as ENGINEER may decide is appropriate tindcr'thc. circumstances. Requests for review of,pro,pos.d:substimte items of matcnal. or equipment will Pot. -be accepted by ENGINEER from among .other than rANTRACT,OR .If CONTRr\CIOR wishes to furnish or use a substitute item of material or equipments 'CONTRACTOR shall fast make written application to ENGIN= for acceptance thicreof, cenifyirng that the proposed substitute will perform aciequately'the functions and achieve the results called for by the gen6-a design, be similar in substance to. that specified and be suited to the same use as that specified The application will state the nctenr, if any, to which the evaluation anol 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 cortradwith O10NER for work on the Project) to adapt the design to the proposed substitute and whether.or not incorporation or use of the substitute in connection with the Work is subject to "payment of any license fee or royalty. All variations of the proposed substitute' from that specified will be identified in the. application and available maintenance,. repair and replacement service will be: mdicati,4 The application will also contain an itemized estimate of all costs or credits that will result dircctly 4 indirectly from acceptance of such substitute,, including costs of redesign and claims of other contractors affected by the resulting change, all of wJuch 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. CONMCTOR'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 Cb mintction Medrods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shorn or indicated in and eiTxessly required by the Contract bocuments CONTRACTOR ma}' furnish or utilize a substitute mcai- method, tccl pnique, sequence or procedure of.constnlction acccptablc to ENGINEER. CONTRACTOR shall :submit sufficient information to allow ENGINEER, in ENGTNEEW' sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure fix 'review 'by ENGINEER will be similar to that provided in subparagraph 6 7.1.2. 6.7.3. Eptgiheer's Evaluation:. ENGINEER will be allowed aYcaso_nable time writhin ivhich to evaluate each proposal or submiftal made pursuant to paragraphs 63.1.2 and.6.7.2. ENGINEER will be the sole judge of acceptability: No "or -equal" or stibstitute.will be ordered, installed or utilized without ENGINEER's prior iiiittcp acceptance which will be' evidenced by either a Change Order or an approved Shop. Drawin¢. 01WER may require CONTRACTOR to 'furnish at CONfRACToin expense a special, performance., guarantee or other stlrety with respect to any ''or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENTGLNEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR.,pursilarit.,to parngxaphs 6.7.1? and 6.7.2 and in making; changes in the Contract Doctments,(or in the provisions of any other direct contract with OWNER. for work on the Project) occasioned thereby. Wiether or new ENGINEER accepts"a su0stitute item so proptisecl`or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWN�TER for the charges, of ENGINEER and ENGINEER's Consultants for evaluating each such propo.W substitute item, 6_8. Concerning Subcoh&aclors, Suppliers and DINers: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including thosi acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.^•), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR -'shall not be requrred'to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the tbrork against whom CONTRACTOR has reasonable objection. UCDC GENERAL CONDITIONS 191" (1990 Edition) tv/ C1iY OF FORT COLLI IS MODIFICATIONS (REV,1/2000) 6_9. CONTRACTOR shall perform not Jess than 20 percent of the Work with its own forces that is without subcontractinal. 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 pric6. if the-Suppkmentaiy-Colic&treats Bidding ats require the identity of certain ractors, Suppliers or other persons or �tions {including those who.are to furnish the I items of materials or equipment) to be d to OWNER Ira-edvenae ef-the-speeif+ed pr to the Effective Date of the Agreement for ice by OWNER and ENGINEER —a;," OWNERS of ENGJNEER's acceptance (either in writing or b} tailiiig,to make wriuen:ol�ection thereto by the date indicate, for acceptance or objection in the biddirm docununis`or the Contract Documents) of _hNUINP-M. No acceptance by UWNI:K or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute'a waiver of any right of Ok\r`rER or ENGINTEER to reject ckfective Work. 6.9.1. CONTRACTOR shall be fully responsible to 011rNER and ENGINEER Tor all acts and omissions of the Subcontractors Suppliers and other persons and,orgarvrations performing or furnishing any of the Work under a (fir ect or indirect _tract 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 p'q'sop or organization any contractual relationship :between OWNER or ENGINEER and any,suclt Subcoi=cto"r, Supplier or other person or organization; nor shall it create arty obligation on the part of:OWNER.or ENGINTEER to pay or to see to the payment ofany moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or_ENGINEER mav_ 13 11 6.9,2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and, other persons and organizations perfoimtng or furnishing any of the Work under a .direct or indirect contract with CONTRACTOR. CONTRACTOR shall 'require all I.Subcontractors, Suppliers and such other persons and organizations perfomii or furnishing, any of the Work. to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions "and sections of the Specifications and the identifcations of anv Dinwings shall, hall not control CONTRACTOR in dividing. the Work. among Subcontractors or Suppliers or delineating the'Work to be performed by any specific trade, 6.1:7. 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. 7 t dzd irr fiElrElg3&p11S c- o �- r}r3e he C-C3lv�R=AGT4R-and-tire-�S�hcontractoi-ar-Supnliar will Patent Fees antlRUYalties. 6.12.. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of ttiz Work or the incorporation in the Work of any invention, design, process, product or deyice which is.the subject of patent rights ,or copyrights held by others. If a particular imentivn desten process product or device IS specified. in. the ,Contract: Documents for use in the perfomtanre of the Rrork and if,to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights callir>€ for the payment. of;arry license fee or royalty` to..othem the existence of such nghts shall be disclosed 6yOjwNER in the Contract DoetititenLs. To the frillest extent . permitted by Laws and Regulations, CONTRACTOR shallindemnify and hold harmless O1`VNElt ENGINEER ENGINRER's Consultants and the officers, directors employees, agents and other consultants of each and any of them from and agauist allclaims, costs losses and damages arising out of or,resultiiig from am' iiifririgement of patent rights or copyrights incident to the use.m ihe,performance of the Work of resulting from the incorporation in the Work of an$,, invention, design, process, product ,or device not specified in the Contract Documents. 14 EJCDC GENREAL CONDITIONS 1910-8 t1990 E(fitim) notCITYOF FORT COLLINS MODMCATIONS(JRIEV4RO ) Permits: 6.13. Unless otherwise provided in the Supplcmentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses: OWNER shall assist CONTRACTOR Mien ne essary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the .1Vork, which arc. applicable at the time of opemiig.oCBids; or, if there are:no.Bids, on the Effecrn a Date of the. _4geement. CONTRACTOR shall pa} all charges of utility owners for connections to the Work, and OWNER. shall pay all charges of such utilit}' owners for capital costs related thereto such as plant investment fees, 6.14. LansandRegulatians: 614.1, CONTRACTOR shall give all notices and comply With all.Laws and Regulations applicable to furrvshiiia and pcdormaiice of the Work. Except where othenviF expressly required b}- applicable Laws and Regulations, neither OWNER nor -ENGINEER shall be responsible for monitoring CONT'RACTOR's compliance with any Laws or Regulations. 614.1. 1f CONTRACTOR performs any Work knowing or haviirg reason to, know. that it is contrary to Laws or Rcgulatiors,,Ca ON7'RACTOR shall bear all claims, costs, losses and damges caused by, ansiiig out of or resulting t}iercfrom; h6w ever, it shal l not: be CONTRACfORs primary responsibility to make certain that: the Specifrcauons arTbmwings are tn. accordance. 'with Laws and Regulations, .but dtis shall. not. relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Tax s: 6.15. CONTRACTOR "I 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. 6.15A. OWNER is exempt from Colorado State and local sales and use taxes. on materials to be KM incorporated into the project. Said tax shaes ll not.be included in the Contract.Pice_ Address: Colorado Department of Revenue. State Capital An=-` 1375 Shennan Street Deriver Colorado 50261 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 tltz Certification of Exemption All applicable Sales and Use Taxes fincluding- Stale collected' -taxes), on any items other than construction and building materials physically incorporated into the ro ect ara to be: `id liv CONTRACTOR and are to mcludedin aptirooriate bid items. Use ofPrendses.• 6.16, CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the ��aaBors of Workers to the site and land and areas iderltified'rn and permitted by the Contract Documents and other land and areas permitted by. Laws and Regulations rigl"17-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assunme 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 oHmer or occupant because of the perfonnance oftbe Work,�CONTRACTORshall promptly settle with such other_patty by- negotiation or othmtnse resolve the claim by arbitration. or other dispute resolution proceeding or-at'law. CONTRACTOR shall, to the fullest Mtertt.pc itted by Law,3.and Regulations, iiidemnifi, and hold' harmless OWNER, ENGINEER. ENG tPtEER'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 occupantagairist OXIINdER .ENGINEER or any other party indemnified hereunder to the eetent caused by or based upon CONTRACTOR's performance of the Work. 6,17. During the progress of the Work, CONTRACTOR shall keep the premises Iree'from accumulatiixis'of waste materials, rubbish and other debris- resulting from the Worm:. 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 Teady for occupancy. by. 'OWNER, at Substantial Completion of the Work CONTRACTOR shall restore to origural condition all prap", not designated for alteration by the Contract Documents. 6.18:. CONTRACTOR shall not load norpermit any part of .any structure to be loaded 'in any manner that will endanger the strittxure, nor shall'CONTRACfOR subject any part of the Wort: or adjacent property to stresses or pressures that will endanger it: Record Docuniemis: EJCDCGENERAL CONDITIONS 1910-8 (1990 E(lition) A/ CITY OF FORT COLLINS MODIFICATIONS ptEv 4R000) fi_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 �) in good order and annotated to show all charges made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings gill 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_ .Safer), and Proreedon 620. CONTRACTOR. shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessaryprccautions for thesafety:0C and shall;pfovide the necessary protection to prevent damage, injury or foss to: 6.20.1: all persons on the Work site or Who may be affected by the' Vork; 6.20.2., all the Work and matexralsarid equipment to be incorporated therein, whether to storage on or off the site; and 6 20.3, other property at the site or adjaceiit'thereto, including trees, shrubs, lawns, walks, pavements, roadways, sirucfirres, utilities and Unci<'rgraund Facilities not designated for removal, relocation or replacement in the course of constructibri " CONTRACTOR shall comply withall.applicahle haws and Regulations of any public body havingjurisdiction 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 briderground "Facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation arid replacement of their.'property. All damage, irijury or loss to any properly referred to nrparagraphs6,20.2 or 6.20 3 caused directly or indirectlj , 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, & anyone for whose acts any of them may be. liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Diawings'or spermcations or the acts or omissions'of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anydrie for whose acts any ;of ffiem may tie liable, and not attributable; directly of indirecily,'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 protcction.of the Work shall coruiniae: until such time as all the Work is completed and ENGINEER has issued a I I I� u notice to OWNTER and CONTRACTOR in accordance with paragraph 14'.13'that the 1Vork is acceptable (except as otherwise expressly ,provided in connection with Substantial Completion). 6.21. Safeg1Ile prerenlaeve: CONTRACTOR shall designate a qualified and e.Wienced safety representative at .the site whose duties and reslionsibilipes 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 hhnrd communteation information required to be made available to or exchanged between or among employers at the site in accordance with laws or Regulations. F�nr rgencies^ 6.23. In emergencies affecting the safety or protection of per5OM Or the. Work or propi-rty at the. site or adjacent thereto, CONrfRACTOR, xvithout special instruction or authorirttion 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 Tequired 66cca6se:ofthe action taken by CONTRACTOR in respotis _to such an emer$ency. a Work Change Directive Or Change Order will be, issued to document the consequences of such action. 6.24, Shop Drawings and Sanuples: 6.24.1.'CONTI2ACTOR shall subiri t 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 my 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 perfgrmance and design criteria. J similar data to show ENGINTER the equipment CONTRACTOR'proposes to to enable ENGINEER to review the Cor the limited purposes required by 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Satijple 'submittals. Each Sample will be' identified clearly as to material, 'Supplrer, pertinent data such as .catalog numbers.a0d the use for nhich intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 E I)CGE'NUtALCONDITIONS1910-8(1990Editicn) w/ CITY OF FORT COLLINS MODIFICATIONS (REV Ar10W) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will he as specified in the Specifications. 6.25. Submittal Procedures. 6?5.1. Before submttei each Shop Thawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantifies, dimensions, specified .performance criteria, installation requirements; materials, catalog numbers and similar information with respect thereto, 6.25 1 L all materials xrith respect to intended use, fabrication shipping, dandling, storage, assembly and installation pertaining to the performance:ofthe 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 inoidc nt 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 %vritten indication that CONTRACTOR has satisfied CONTRACTOR's obligaiioris under the Contract Documents with`respect to C'ONTR,kCTOR'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, thai 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: amL. 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 aiv t and approve Shop Drawings and Samples in accordance li the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGTNEER•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 m the Contract Documents and be compatible with the design concept of the completed Project as a, functioning g whole as indicated by the Contract Documents. ENGINEERS review and approval will not odend to means; methods, techniques, sequences or procedures of construction (rxcept_ where a. particular means method technique, sequence or procedure of construction is specifically and expressly called for by the Contract Doarmenis) 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. 627. 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_ ENGI EER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written apprpv6l of each such variation by 'a specific written notation thereof incorporated in or'accompanyurg the Shop Drnwing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR. from responsibiliri, for complying with the requirements' of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents orthc 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 wexe ill be"at the sole pensand responsibility of CONTRACTOR Continuing the Work: &29. CONTRACTOR shall cant' ,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 or. any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER. and CONTRACTOR may otherwise agree in writing: 6:30. CONTRACTOR's General l;Earranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OttI`TER EITGINEER and EATG=. -R's Consultants that all Work will be in accordance with the Contract Documents and will not be cltfective. CONTRACTOR's warranty and guarantee hereunder excludes defects ordamage 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 obligation to perform and complete the Work in accordance, with the Contract Documents shall be 'absolute. None of the following will constitute an acceptance of Work that is not in WMCGENE1tAl. CONDI nor 19t" o990 E(htian) w/ CITY OP PORT COLLIM MODIFICATIONS (REV 4,7000) 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; 6.30.2.5. 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 6.30.18. any correction of d fectfve Work by OWNER. Indentniftcadon: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR.shall.indemnify and hold harrmless. 01VIQER T NGWEER �?GINEER s Consultants.and the officers duoctois, empleyeees, 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, attorney§ trio 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 trVury to: or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom,'and (ri) is caused in whole or in part by any negligent actor omission of CONTRACTOR, any Subcontractor, any Supplier, any person or ;organization dvectly of iridireelly employed by arty of them to perform or furnish an), of the. Work or anyone for Nv ose acts anv of them may be liable, regardless of whether or not caused in part by any; negligence or omission of a person or entity indemnified hereunder or Whether liability is imposed upon such indemnified party lr}• Laws and Regulations regardless of the.negligence.of any such person or entity. 6.32.. In. any- and. all claims against OWNUZ or Fri TGIN) ER or any of their respective _consultants, agents, officers diectars or employees, by .airy employee (or the sun ivor or personal representative of such employee) of CONTRACTOR any Subcorniaetor: any Supplier, any person or organization directly or indirectly employed by 17 d I I i I 1 any of them to Perform or furnish any of the Work or anyone for whose acts any of them roar be liable, the indemnification.obligatioh under paragraph6.31 shall not be limited. in am way by any limitation on the amount or type of damages, compensation or beiefits payable by or for CONTRACTOR or any Such Subcontractor; Supplier or ocher person or:organisation tutda workers compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations . of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's. Co. itants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of than. Sunival ofObGgarions• . 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 Docunierrts will survive final pavriient ooinpietion and :acceptance of the Work and termination or completion of the Agreement: ARTICLE 7—OTHER WORK Related lVork at Site: 7:1. OWNTER may perform other work. related to the 10111 at the site by OWNER's own forces `or let other direct at therefor which shall contain General Conditions similar to these,. or have other work performed jPdutility o}vwrs. If ilia fact that such 'other work is to be rformed 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 (ir) CONTRACTOR may make a claim therefor as provided. in Articles;] 1,and 12 if CONTRACTOR believes that such .performa ice will involve additional expense to CONTRACTOR or requires additionO lime and theparties are unable to agree as to the amount or extent thereof. 7.2. 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's 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 Stich ocher work: -and Shall properly connect and. coordinate Ithe Work writh theirs: Unless' otherwise provided in the Contract Documents,. CONTRACTOR shall do all"cutting ,fiittM' acid patching of the. Work that aiay be required to. make its several parts` come together properly and integrate wicks sucfi oilier 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 ENGD413ER and the others whose work will be affected. The duties and rponsibilitics of CONTRACTOR under this paragraph are for the benefit of such utility owners and other orintraaors to the exieni that there are comparable EJCUC GENERAL COND1T1Ot+51910.8 ('1990 Echlim) w/ CITY OF PORT COLLINS MODIFICATIONS (REV V2000) provisions fqr the benefit of CONITRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any pan 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 jr deficiencies in such.other work that render it unavailable or unsuitable for the' proper execution etid results of CONTRACTOR's Work. CONTRACTOR's failure so io report will constitute an acceptance of such other Work as fit and proper for integration with CONTRACTOR'S Work except for latent or nonappai-ent defectg and.deficiencies in such other work. Coorsfination: 7.4, if 01V1�R contracts with others for the performance of other work on the Project at the rile, the following will be set forth in Suppleitentary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the actMiies among the various prime contractors will he 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 responsil'ilitics will be provided, Unless otherwise provided in the SupplementarT Conditions, OWNER shall have sole authority and respo.nsihility in respect; of such coordination. ARTICLE 8--01A'NER'S RESPOIVSII3ILTT)ES 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 against whom-CON-T-R-4C—TOR—makes=no--rrascmable-abjection; whose status. under the Contract Documents shall be that of the former �TGINEER 83. OWNER shall fwnish the data required of OWNER under the Contract Documents promptly and shall make_ paj7nenis to CONTRACTOR promptly when they are due as provided in paragraphs 14.4and 14.13. 8.4. OV-NMR's duties in respect of,providing lands and casements and providing engineering surveg to establish reference pomis. are set forth'in, paragraphs 4.1 and 4.a: Paragraph4:2 refers to.OIVNER's identifying and making available to "CONTRACTOR copies of repotis of eaploiations and tosts:of Subsurface conditions at the site and drawings of physical conditions in existing structures at or continuous to the site that have been utilized by LNGINEIR in preparing the Contract Documents. $.5 n\\—oT:mTrrn .e�. and--m g liability EIFA property-ili5k3rfl—r2—."iA fort# 4hTarawaphs-5 Sthrough-544 8.6.. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.�. OWNTER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8: In connection with OWNEWs right to stop Work or suspend \fork, 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 OX NNER shall not supervise, direct or have control or authority ova, nor be responsible for. CONTRACTOR's means; tn"ethods, techniques, .sequences or procedures of`commuction or the safety precautions and pro2pms incident thereto; or for any failure of CONTRACTOR to comply, with laws and Regulations applicable to the fumis}ing or performance orthc Work. OWNER will not be responsible for CONI'RACTOR's failure to perform or furnish the Work in'accordance with the Contract Documents. ASI16stes— l s; ltegelei ii `T� -618U: Waste eF Rftdieaetivz Material- eneeverad ei-fi ziz�za zd sII a si e is \ 1 f and 4. C9` -"CT—=zitsc�r. 4z 'e idzrtse .i—. VIZ--,,eir. ..eial ariangaments--Stave-bezrr-madz-to-satisfy--O'"'�FER's ebligat' .- .._a ._ .t. Gann r.-. time ring ;z ERs responsibility=ii3-rzspeet>tlierzof-Kill-be=es-set-fortki-in-ilia. Supplrnncmtary-C-'oltdiiiet�s- ARTICLE 9-ENGTINEER'S STATUS DURING CONSTRUCTION 011rliER's Representative: 9.1. ENGINEER will be OWNTER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during constriction are set forth in the Contract Documents and shall riot 66 e�erided without written consent of OWNER .arid ENGLNTEEk 11sits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as E TONTEER deems necessarym order to observe" as an experienced and qualified design_ professional the progress E.ICDC GENERAL. CONDI Tt ON51910-8 (1990 E(ltian) w/ CITY OF FORT COLLINS MODIFICATIONS (M1* 412000) that has been made and the quality of the various aspects of CONTR4CTOR`s executed Work. Based on information obtained enuring such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine, in general, .if the '"fork is proceeding in accordance with the ContractDocuments. ENI GMI ER ivill not be required to make eehaustiVe:or.continuous on - "site inspections to check the quality or quantity of the Work. ENGLNTTEER's. 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. E IGTNUR's visits .and on -site observations. are subject to all the limitations on ENGIIATEER's authority arid remonsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEIXs on -site visits, or observations' of. CONTRA( I'OR's Work ENGINEER will not supi; yise, direct, coriliol or have authority over or be . responsible for .CONNTRACTOR'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 furmshing or perforrrmrice'of then Work_ Projeei Representative 9.3. 1 f OXVNBR and ENGINEER agree, ENGINEER will. furnish a Resident I?roject Representative to assist ENdl .T R in providing.more continuous observation of the Work. The reTonsibilities and authority and limitations thereon of any such Resident Project Re assistants assistants will be as provided in paragraphs9:3 `4 c Conditions of these :General Codditions. If OWNER designates another representative or :agent to represent MNTTER at the site who is not 1WTGINEERs Consultant, agent or employee, the responsibilities and authority and limitations, thereon of such other person will be as provided in Vpk�ttmF er Ceitilitiens�paaga_ph 93.1.. The Representatives deahnip in matters peitaininl: to the oh -site Work will, 'm 0h&ral, be with the ENGINEER and CONTRACTOR But. the Representative will }eat the OWNER MpMrh advised about_ such rtiatters: The'Representative's dcalififm with subcontractors will only be through or With the full knowledge and . approval of the CONTRACTOR 9.3.2. Duties and Regotinsibili6m. Representative will: 93:2.1.Schedules - Review the proaress U F1 ' 11.3. Bids by corporations must be executed in the corporate name by the president or a .vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate ' address and state of incorporation shall be shown below the corporate name. ' 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. ' 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on ' the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda ' (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by ' erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the ' Bid shall be shown. ' 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope ' marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. F� Rev10120/07 Section 00100 Page 5 I 1 1 I L7 1 schedule .and "other schedules_prerqred by the CONTRACTOR and consult with the ENGMER concerning accepfability. 9.3.2.2. Conferences and Meeting - Ariend meeting with the CONTRACTOR such as rreconsiruction conferznces, progress meetings and other iob conferences and prepare and circulate conies of minutes of meetings. 9 3.23. Liaison 9.323.1. Serve as ENGb4TER'S liaison with CONTRACTOR working principally through.CONTRACTOR'S superintendent to assist the CONTRACTOR in undarstandine the'Contract Documents. 923.ssist 2. Ainobtaining from.O�VNER additional details or information when required; for proper'execution bf the Work 9 3 2 3 3 Ach%ise the ENCHNEER and CONTRACTORof the :commencement of any Work requiring a Shop Drawing or sample'submissigh if the.submissibn has not been approti eiJ fiv tltc E TGT\TEFR q< .2 4'R. eview�f lark ;Itejgctioc o fegjyS lbork Jmpections and Tests- 9.3.2.4.1. Qon6ct ofi-site olisenations of the Work in proeress-to assist if),, EivTGDT in dctcrmiriina.that.the Work is.praceeding in aocordancc'Kii}i the Contract Documents 9.3.2:4.3. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project record the results of -these inspecfions ark! 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 INGINEER 9.3'2.6. ' Modifications. Consider and evaluate CONTRACTOR'S suzgestions for 20 UMC GENTRAL CONDITIONS 19I0.8 090 Edtim) w/ CITY OF TORT COLLI NS MODIn CATIONS (REV 412000) modification in Drawings or Specifications and report these iecommendations to ENGTNZER Accurately transmit' to CONTRACTOR decisions tswed by the ENGL\rEER 9.3.2.7. Records. 9.3=21 RiRePer 9 32 8 1- FurnishNGIT�TEI ER periodic reports, as required: of the' process of the Work and of the CONTRACTOR'S compliance with the ir_.ogfess scheilulz and schedule of shop Draxvig and sampl sue bnti tads. 9.12.82. Consult with ENGI gUp,in advame . of scheduh major test% inspections or start. of important phases of the Work. 9.3? 8 3 Draft proposed -hange Orders and Work Directive Cha-else. , obtaini iE backup material from the CONTRACTOR and recoinmertd to ENGINEER Chang Orders. Work Directive Charmes and field orders. 9.32.8.4. Report. immediately to ENGINEM and OIVNER the occurrence of anv accident. 9.3.2.9. Payment Requests Review 'applications for Ma ment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to 1 ENGINEER noting particularly the relationship of the epaynient requested to the schedule of values work completed and materials and eaui�inent delivered at the site but- riot "mccttporated m 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 9.32.10.2. Conductfinal inspection in the comiianv"of the ENGINEER OWNER and CONTRACTOR and'prcparc a final list of items to be corrected'or completed. 93.2.10.3. :Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concernirta acceptance. 0.3.3. limitation of Authority: The Representative shall not: 9:3`3:1. Authbrizc any' deviations from the C'.otitract Documents or acWt any substitute ptaterials or eq�pment, ter ess authc?rized�y ilx ENGINEER: 9.3.3.2. Excecd limitations of ENGfNIEFR'S authority as set forth in the Contract Documents. 9.3.3.1 Undertake'any of the responsibilities of the CONTRACTOR, Subcontractors, or C� 4TRACTOR'S superintentderit_ 2.3.3.4, Advise on or -issue directions relative to, or assume control over anv aspect of the meansmethods; techniques _sequences or procedures for coitstruction unles __much i specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions epardine or assume control over safe precautions and prot ams in connections with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anvone other than the CONTRACTOR 9.3'3.7. Authorize OWNER to occupy the Work in whole or in M. 9.3.3.8. Participate in specialized field or labomtoty tests'or inspections conducted by others except - as specifically. .authorized by the ENGINEER. Clarifeations and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such µmitten clarifications or interpretations of the BJCDCGENERAL CONDITIONS 191M (1990 Mon) w CITY OF FORT COLI:INS MODIFICATIONS (Rh 411000) requirements of the Contract Documents (in the fornn of Drawings or otherwise) as ENGINEER may determine necessarv, 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 =ee to the amount or' ek'tent thaeof, if any, 011 NER or CONTRACTOR may make. a written claim therefor as provided in Article 1 i or Ankle 12. Authorized Yariationsin Work: 9:5. ENGINEER; may `authorise minor variations in the Work from the requirements of the Contract Documents whist da not involve an adjustment in the Contract Price or the Contract Times and are compatible with.the: de'slgn. concept of.the..cpmpleted Project as a functioriniig whole as indicated by the Contract Documents: These may be.accotnplished by a Field Order and will be .,binding on OWNER and also on CONTRACTOR who. shall., perform the Work involved promptly, 1f OWNER or CONTRACTOR believes that a Field Order justifies:an adjusimcnt.in the Contract price or the Contract Tim es,and th, , am arc unable to agree as to the amount or e:ctcnt thereof, OWNER or CONTRACTOR may .make a written claim therefor as provided in Article 11 or I I fRejecdng,Defecin:e, Work: 9.6. EN.GINEER.will.have.authority to disapprove or reject Work. which ENGIR&tR Ibciicvas to be defective, or that ENGWEER'bdlev�es bull not produce a completed Project that confomhs to the Contract Documents or that Kill prejudice the integrity of the design concept. of the completed RoJ ect as'a functioning ,*hole as indicated by t}ie' 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, Ckange Orders ,and Paji nrents. 9.7, In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.9. In connectionwith ENGINEERs authority as to Change.Orders, see Articles 10. 11; and 12. 9.9. In connection with ENGTNEERs authority as to Applications for Payment, see Article 14. Determinations for Unit.Prices. 0.10. MiGINEER will determine Or. actual quantities and classifhcatigns of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINMER's preliminary determinations on.such matters Before rendering a written decision thereon (by recommendation of an Application for'Payment or otherwise). ENGINEER's Witten decision thereon hill be final and binding upon 01AF.NTER and CONTRACTOR, unless, within teri flays after date of .the 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 ENGINEER's decision is.taken within the time limits and in accordance with the procedures set forth in Exhibit GC A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR: pursuant to Article'16 or (uj if no such'Dlspute Resolution Agreement has been entered'into, a -formal procreduig is instituted by the appealing party in a forum of competent jurisdiction to 1 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 mill not be subject to the procedures ofparagraph 9,11 Decisions on DLgnrtes• 9.11. ENGINEER will be the initial interpreter of the requirements of the b6ndact.Documents ajudge 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 perforniancc and, furnishing of the Work and claims under Articles I l and I Tin 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 ueiih this paragraph. Written notice of each such claim, dispute or other matter kill be delivered by the claimant to ENGINEER and the other party, to the Agrecrncnt promptly (but in no event later than thirty days) after the stain of the occurrence or _etznt:giv,mg Irise :thereto, and,wTitten supporting Baum will be submitted rto' ENGINEER_ and'the`otherpart}', within suety 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 suds 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 "(unless submittal ENGINEER allows additional time). ENGINEER will render a formal decision in tin ntuig within thirty days after receipt of the;opposirig pain's suliinittal if any, in accordance with this paragraph ENQINEGRs wniten:decision claim. on such cla, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless (i) an appeal from LTiGINII;R's.decision is taken within the time limits and in accordance with the procedures set forth in 'EXH113IT GC-4 "Dispute ResolutionAgreemehit"., entered into between OWNER and CONTRACTOR pursuant to Article 16, .or (ii) if no such Dispute Resolution Agreement has been entered into, a notifintention to appealfrom ENGINEER's E.rtlen decision isdelivered by OWNER or RACTOR to the other -and to ENGINEER within thirty days after the date of such decision and a formal proceeding is. instituted by the appealing parry in a forum of competent jirisdi; , to ewrcise such nghts. or remedies as the;appealing party may hags with respect to such claim, dispute. o-other matter in:accordance with applicable Laws and Regulations within sixty days of the date of such 22 EJCDCQk2119MCOND]nON51910-8(1990E(itim) w,C77Y.OFFORTCOLLINSMODIFtCAnONS (REV 412OW) 11 decision, unless otherwise agreed in writing by OWNTER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGIINTEER will not show partiality 6.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 ii th respect to any .such claim, dispute or other matter (except airy which have been waived by the making or acceptance of final payntienl as provided in para¢mph.l4.1;5) will be a, con. tion precedent to any exercise by.01m rkER or CONTRACTOR. of such rights or remedies as either may otherwise have under the Contract Documents ar by l.aiis or Regulations: in, respect of any such claim, disptite.or other:matter 9.13. Limitations on ENGINEER's .Authority and ResPortdbiliries. 9.13.1. Neither. ENGINEER's authority or responsibility under this Article 9 or under anv other Provision of the Contract Documents nor. any decision made by ENGINEER in good faith either"to. exercise o, not exercise such authority or responsibility or the undertaking, cxcrcise or performance of any authority - or responsibility by ENGINEER shall create, impose or give rise to any duty, owed by ENGMTEER to COAIl'RACTOR,. any 5ubcantractor, any Supplier, A other person or organiiation,.or.to any surety, for or, cmployce.or agent of any of them. 9.13.2. ENG1NEFl2 will not supervise, direct, control or have authority over orbe rsponsible for CONTRACTOR's means• methods, techniques, sequences or Procedures of construction,. or _the safety precautions and programs incident, thereto...or for am• failure of CONTRACTOR to comply: with Laws and Regulations applicable to the fiunishing or performance of the Work. ENG11,4MR will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documerit_s. 9_13.3. ENGINEER will riot 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..ENGINTI-MRs 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 dehYered by paragraph .14.12 will only be to determine generally that their content complies with the requirements oly and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents, 9.13.5: The limitations upon authority and responsibility set forth in.this paragraph 9.13 shall also apply to ENGINEER's Consultants; Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE NYORK 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:a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Wort: involved which µtill be performed under the applicable conditions of the Contract Docuittcnt.. (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 Prig; or an adjustment_ of the Contract Times that should be allowed as a result of a Work. Change Directive, a claim may be made therefor as provided in'Article 11 or Article l2. 10.3. CONTRACTOR shall n6iba.entifed'to an iner4ase in the Contract Price or an extension of the Contract Tunes with resjiectto:any Work performed that is not7eGuired by the Contract Documents as amended,_ modified and supplcmmted as pro% tded in paragialft 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uneovcring Work ass provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which°are (i) ordered by OVVNERpursuant to paragraph '10.1, (ii) required because of acceptance of defective 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 bV 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 Regtlations, but during any such appppeeaal; CONTRACTOR shall carry on the Work and adhcre to the progress schedule as provided in paragraph 629. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC OENEM CONDITION'S 1910.8 (1990 Edition) wl0TY OF FORT COLLINS.YIODIFICA"IIONS (RE%14P000) (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 CONTTRACTOWs responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II -CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for perlbrming the Work All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall lie at CONURACTOR's expense without change in the "Contract Price. 1 12. The Contract Price may only he chanted by a Change Order or by a Written Amendment Any claim for an adjustment; in the Contract Price :shall be based on A.rittzri notice da.hvered;by the party rnal:i(ig 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 hature of the claim. IxTotioe.of the amount of the claim, with supporting data shall be delivered wiihin sixty days after. the start; of such occurtence.or event (unless ERGINEER'allows additional time for claimant to submit additional or more accurate data in support of, the claim) and shall be accompanied by;claimartt's written statement that the adjustment claimed covers all' amounts to which the claimant is .roiled as a. result of said occurrence or event All claims for, adjustment in the Contract Price shall be determined by ENGINEER in accordance, with paragraph911 if OWNER and CONTRACTOR owuiot otherMse agree on the amount involved. No claiio for an adjustmehi in the Contract Price .will be valid if not submitted in accordance with this paragraph 11.2. 113. The value of any, Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is, covered by unit price..-, contained in the Contract Documents, by application of such unit prices to the quantities of the items involved. (subject in the provisions of 23 F paragraphs )1.9.1 through 11.93, inclusive}; CONTRACTOR shall obtain competitive bids frca 11.3.2 where the V1fork involved is not covered by Subcontractors acceptable to. OWNER and CONTRACTOR and shall deliver such bids to unit prices contained in the Contract Documents, by a OWNER who will then determine, with the advice of mutually agreed pajnnent.basis, including lump stun ENGINEER, which bids, if any, will be accepted. If (which may include an allowance for overhead and any subcontract provides, that. the Subcontractor. is to 1 profit not necessarily inaccordance with paragraph 11.6.2) be'paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fez shall be determined in the same -manner as COIN'TRACTOR's 11.3.3. where.the.Wo k involved is not covered by unit Cost of the Work and fee as provided in prices contained in the Contmel Documents and paragraphs 11.4, 1.1.5, 11.6 and. 11.7. All agreement to a lump stun is not reached under subcontracts,"I be subject to the other provisions, of paragraph 113.2„on the basis of the.Cast of the Work the Contract Document- insofar as applicable. (determined as provided in.paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit 11.4.4. Costs of special consultants (including but (determined asprovidcd in paragraph.] l.6). not limited to engineers, architects; testing laboratones , surveyors m auoeys and accountants) Cost of the Work: employed for services specifically related to the work. 11.4. The term Cost of the Work means the stun of all costs necessarily incurred and paid by CONTRACTOR in 11.4.5. Supplemental costs including the following: the proper performance of the Work. Except as otherwise may be agreed to in viritir by OIVNER such costs shall be to higher than 11.4.5.1. , The proportion of necessary amounts no those prevailing in the transportation, [rave and subsistence expenses of locality of the project, shall include only the following CONTRACTOR's employees incurred in items and shall not include any of the costs item izcd in disclatrgc of duties connected with the Work, paragraph 11.5: 11 A,5 2. , Cast, including transportation and 11A.1.Payroll costs for employees in the direct maintenance, of all materials, supplies, employ of CONTRACTOR in the. performance of the equipment machner}', appliances, office and Work under schedules of job classifications agreed temporary facilities at the. site and hand tools not upon by OWNER and CONTRACTOR. Such owned by the workers, which are consumed in the employees shall include without limitation performance of the Work, and cost less market ' superintendents; _ foremen and other personnel value of.such items used but not consumed which employed' full-time at the site. Payroll costs feu rc_ m_ ain.the property of CONTRACTOR - employees not.'employ,ed full time on. the Work shall be apportioned on the basis of their time spent on the 11.4.5.3.. Rentals of all construction lk+orl Payroll coats shall incluck; but trot be limited tr} . equipment and. machinery and the parts thereof salaries and wages plus the cost of fringe benefits whether rented from CON ZNCTOR or others in which shall include social security ecattributions, accordance with rental agreements approved by unemployment excise and paiioll taxes, workers' OANTTGR with the advice of ENGINEER and the compentsatton, health and. retirement benefits, —bonuses; costs of transportation loading, unloading; i applicable thereto. The expenses of performing .Work after regular installation, dismantling.and removal. thereof —all in accordance with 'terms of said rental working hours on Saturday Sunday or legal holidays, agreements: The rental of any such equipment, shall be. included in the above to the extent authorized machinery or. parts shall cease the use by OWNER• .when thereof is no longer necessaryfor the Work. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, 11.4.5.4. Sales, consumer, use or similar taxes including costs of related. to the Work, and for which trartsportatronarid storage thereof and Suppliers! field CO--NrIRACTOR is liable, imposed by Laws and services required inconnection therewith All cash Regulations. discounts. shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with 11.4.5;5. Deposits lost for causes other than which to make payments, in which case the cash negligence of CONTRACTOR, any discounts shall accrue to OWNER. All trade Subcontractor or anyone directly or indirectly discounts, rebates and refunds and returns from sale of employed an by y of them for whose acts anv surplus. materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions of them may be. liable, and royalty, payments and fees for permits and licenses. so that they may be obtained.. , 11.4.5.6. Losses and damages. (and related 11.4.3. Payincnts made by CONTRACTOR to the Subcontractors for Work performed or furnished by capcnses) caused by damage to the work, not Subcontractors. if required by OWNFli, compensated by insurance or otherwise, sustained by CONTRACTOR in connection %kith the 24 EXI)COENFRL4LCONDITIONS191"(1990E(itim) wl CITY OF FORT COLLIAS A10Dll7CATIONS (RL•% 4!:`000) performance and fiurriMing of the Work (except 11.5.5. Costs due to the negligence of losses and damages within the deductible amounts CONTRACTOR, any Subcontractor, or anyone of property insurance established by OWINTER in directly or indirectly employed by any of them or for `liable, accordance with paragraph 5 9j, provided they whose acts arty of them may beincluding but have resulted from causes other than the not limited to, the correction of defective Work, negligence of CONTRACTOR, any disposal of materials or equipment %Mngl5 supplied Subcontractor, or anyone directly or indirectly and malting good any damage to property, employed by any of them or for whose acts any of them may be liable. Such losses shall include 11.5.6. Other overhead or general expense costs of settlements made with the written consent and any hind and the costs of any item not specifically and approval Of OWNER_ No such losses, damages expressly included in paragraph 11 4. and.expenses shall be included in the Cost of the Rork for the purpose of determining 116. The CONTRACTOR's fee allowed to CONTRACTOR's fee. IL however, any such loss CONTRACTOR for overhead and profit shall be or damage requires reconstruction and determined as follows: CONTRACTOR is placed in charge thcrco ; CONTRACTOR shall be paid 'for services a fee 11.6.1. a rirutually'acccptable fined fee; or proportionate to that stated in paragraph 11.6.2. 11.6.2. if a fixed fee is not agreed upon, then a fee 11.4.5.7. The cast of utilities, fuel and sanitary based on the following percentages of the various facilities at the site. portions of the Cost'bf the' Work: 11.45.8. Minor expenses such as telegrams, 11.6.2.1. forcosts incurred under long distance telephone calls, telephone service at paragraphs 11.41 and 11.4 2, the the site 'expressaec'and,'simila_ r petty cash items in CONTRACTOR's fee shall be fifteen percent; connection with the Work. 11.6.2.2. for casts incurred under 11.4.5.9. Cast ofpremiums for additional Bonds paragraph 11.4.3, the CONTRACTOR's fee shall and insurance required because of changes in the be five percent; Work. 11.62:3. where one or more tiers of 11.5. The term Cost of the Work shall not include any of subcontracts arc'on the basis of Cost of the Work the following: plus a fee and no fixed fee, is agreed upon, the '11.4.1, intent of paragraphs 11.42 11.4.3 and 115.1. Payroll costs and other compensation of 11.6.2 is that the Subcontractor who actually CONTRACTOR's officers, executives, principals (of performs'or fitmishes the'Work, at whatever tier, partnership and sole proprietorships), general managers, will be paid a fee of fifteen percent of the costs enguieers architects.estimators: attorneys, auditors, incurred by such Subcontractor under' paragraphs accountants; pu rchasirui and contrac}tng agents. .11.4 1 and 11 4.2 and that anv higher tier e.,T diters timekeepers, clerks and other persomiel Subcontractor and CONTRACTOR will each be _ emploYe by CONTRACTOR whether at the site.or in paid a fw-of €iva-percent-of4h"inount-paid-to CON URACTOR's principal or a branch office for the next lower tier-Subeexutisetor to be neLotiated general administration of the Work and not specifically in good faith with the OttirNER. bbt not to exceed included in the agreed upon schedule of job five percent of The-amountpaid Wthe next louver classifications referred to in paragraph l l.4.1 or tier u tractor_ specifically covered by paragraph 11.4.4-all of which _ are to be considered administrative costs covered by the 11.6.2.4. no fee shall be payable .on the basis CONTRACTOR'sfee. of costs itemized under paragraphs 11.4.4, 11.45 and 11.5; 11.5.2. Expenses_ of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at 11.6.2.5. the amount of credit to be allowed the site. by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the 11.53. Any part of CONTRACTOR's capital amount of the actual net decrease in cost plus a expenses, including interest on CONTRACTOR'S deduction in. CONTRACTOR', fee by an amount capital 'employed for the "fork and charges against equal to five percent of such net decrease; and CONTRACTOR for,delinquent payments. 11.6.2.6. when both additioris and credits are 11.5A. Cost of premiums for all Bonds and for all involved in any one change, the adjustment in insurance whether or not CONTRACTOR is required CONTRACTORS fee shall be computed on the by the Contract Documents to purchase and maintain basis of the. net chanu e in accordance with the same (except for the cost of premiums covered by paragraphs 11.6.2.1 through 11.6.2.5, inclusive. subparagraph 11.4.5.9 above). 11.T Whenever the cast of arty' Work is to be EICDCGEN901 CONDITIONS 191" (1990EcBtionj 25 w/ CITY OF FORT COLLIN5 MODIFICATIONS (REV M_OOo) ,� I 1 determined pursuant to paragraphs 11,4 and 1 1.5, CONTRACTOR will establish and maintain records thereof in.aceordance with generally accepted accounting practices and submit in form acceptable to Ei�TG11vEER sn itemized cost breakdown together with supporting data. Cash Allowancey: I I.S. It'is understood that CONTRACTOR has included in the Contract Price all . allowances so. framed in the Contract Documents and shall cause the Work so covered to be; fmnisl ed`and performed for such sums as may be acceptable to OWNER and ENG11vEER. CONTRACTOR agrees that: II.S.1. the allowances include the 'cost to CONTRACTOR (less apy applicable trade discounts) Of ma(crials and equipment required by the alJov; anccs 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. payinent on ac:ount of any of the foregoing will be valid. Prior to final payinent, an appropriate Change Order will be issued as recommended by ENGiNFER to reflect actual amounts dice COIQTTRAC1bR on account of Work covered by allowances, arid the Contract Price shall be correspondingly adjusted. 11.9. Unir Price Work- 11.9.1, Where the Contract. Documcnts'provide that all or pan of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work am amount equal to the su_ in of the establi§Ae . unit prices: for each separately identified item of Unit Price Work tunes the estimated, quantity of each item as indicated .in the Agreement. The estimated quantities of items of unit Price Work are not guaranteed and are solely. for . the purpose of comparison of:l3ds: and deteirnining an iniiial: Contract Price. Determination's of the actual quantities and classifications of Unit price Work performed by CON rTRACTOR .will be made by ENGINEER in accordance with paragraph 9.10. 1 ] 9.1 Each unit price will be.deemed to include an amourtf'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 I I if; 11:93.1. the. quantity of any item of Unit Price Work perforated by CONTRACTOR differs materially and. significantly from the estimated quantity of such item indicated in the Agreement; �6 UMCOENERAL COND17IONS 1910-8 (1990 Edilim) W/ CITY OF FORT COLLItw MODIFICATIONS (RLV 412000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.93.3. 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 OWN"Ek' is entitled to a.decrease. inCoIninicl Price anal the parties are unable. to agree as to the amount of any such increase or decrease. I1.9:3.4. CONTRACTOR acknowledges that the Ot4NFR has the right to add or delete items in the Bid or chance' quantities at OWk,'FR'S sole drscreuon without affective the Contract Price of anl• renaming item so long as the deletion or addition does not exceed twenty-five percent of the onRmal total Contract Price ARTICLE 12—CHANGE OF.CONTRACT TWES 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 parki making the claim to the.;other at, and to IN611�1EF..R promptly (but"in no cvcnt later than thirty days) offer 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 adjirstment:to wltich the claimant lies reason.to believe. it is:etititled as a,resuIt of the occurrence of said.eteat. All:claims for adjustment in the Co6r et'Trmes.(orMtlestone$ysliaflbedetermined by ENGFNEER in . accordance _. with paragraph 9.1 l if OA`NrR 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 A�reeineni. 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 Tim- or Milestcries) 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 MINER, acts or neglect cif utility owners or other contractors performing other work as contemplated by Article 7. fires, floods,, epide mics. abnormal weather conditions or acts of God. Delays attributable to and t 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 a aension of the Contract Times (or Iifilestones) in.an.amount equal to the time lost'due to such delay shall be CONTRACTOR's sole and.excluslve remedy for such delta In no event shall OWNER be hable to CONTRACTOR any Subcontractor, any. Supplier, any other person or organisation or to am surety for or employee or agent of any of them, for damages arising out of or resulting from (ii) delays caused by or within the control of the CONTRACTOR, or (u) delays beyond the eontrol 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 r'1t\'D . INSPECTiONS; CORRECTION,:REMMU, OR ACCFffANC:E OF DEFF.CTIVF WORK 13.1. Notice of Defects.• Prompt notice of -all defective Work of which OWNTER or EN4iNFlsi2 have actual bowlcdgc will be .given to CONTRACTOR: All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to.911ork: 13.2. 01YTE ENGINEER, LNGINEER's Consultants, other representatives and personnel of OWNER, independent testnig laboratories and govemm'ntal aecncies vv ith jurisdictional interests ii ill have access to'the Ntlrork at reasi�ral�le—nines for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR'S site safeh, procedures' and programs so that they may comply therewith as applicable. Tests and Mspections: 13.3, CONTRACTOR shall give ENGINEER timely notice ofreadtness 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 c_xcept: 13.4.1, for inspections; tests. or approvals covered by paragraph 115below: I3.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EXI)C GENERAL CONDITION51910-S (19" Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,-600) 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. II Laws or Regulations of any public body having jurisdiction require any Work (or part thereol) specifically to be inspected, tested or approved by an employee or other repiesentative of such public body, CONTRACTOR shall assume full responsuPity for arrangin , 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 OWNER's and ENGINEER'S acceptance ofmatcriais or equipment to be incorperat;d in the Work; or of materials moc designs, or equipment submitted for apprin=al 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 'ins pectcd' tested: or approved is covered by CONTRACTOR, without wntten concurrence of ENGMTEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work,as provided in paragraph 13.6 shall be of CONTRACTORs e:•pense unless CONTRACTOR has given ENGKEF.R' umeli= notice of CONTRACTOR's intention to cover the some and ENGIATEFIZ has not acted with reasonable promptness in response to such notice. uncovering lVork: 13.8. If any Work is covered contrary to the v.Titten request of ENGINEER, it must; it requested .by ENGINEER, be ;uncovered. for IENGINEER's observation and replaced at CONTRACTORs expense. 13.9. If FivTGINEER considers it necessary or advisable that covered Work tie observed ;by ENGINL•E-R or ins*W or tested by others; CONTRACTOR at ENGINELIZ's request, shall uncover, expose or otherwise make available for observation; inspection or testing as ENGIN-ER Emay require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that. such XVork is defective, CONTRACTOR shall ,pay all claims, costs, losses and damages caused by, arismg out of or resulting from such uncovering. e�osure, 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 4,fective, CONTRACTOR shall be allowed an increase. in the Contract Price or an e:densidn of the Contract Times (or Milestones), or both, directly attributable to such 27 11 u 1 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 I! OR'RrER 11fay 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 el;nated; however; this rig}it.of OWNER to stopp th'e Wort: shall not: give rise to any duty on the part of 01VNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Rentovnl ofDefeefrue Ii'ork: 13.11. if required by FNG1NE1 R, CONTRACTOR shall promptly, as directed, either_ correct all defective Work, whether or not fabricated, installed or completed, or, if the luork.has bcen.rejeded by ENGTNTEEIZ, remove it from the site and replace it .with Work that is . not &feefive. CANTRACI'OIZ shall pay ;all claims, costs losses and darnagos .caused by or resulting, from such correction or remot•al (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period:= 13 12.1..If within ene yeas two vcam after the date of Substantial Completion or such longer period of time as may bz'prescribed by Laws.or Regulations or by the terms of any apiplicablc 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 01ArNER and in accordance with OIVNFR's written instructions: (i) correct such &fecl?e 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 wo k. of others.m"' irig, therefrom. ,(CONTRACTOR does not protiiptly comply with the terms of such 'iris"ctions, or in an. emergency where delay would cause serious risk of loss or damage, OWNER. may have the. defective Wort: corrected or the rejected Wort, removed and replaced, and.all.claims, costs losses and damages. caused by or iesuliii*. from such removal and replacement (mcludirtg, but not limited to,all costs.of repair or replacement of iYork of oth,m)i -ill 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 13.123.11fhere defeethe Work (and damage.to other 28 EJCDC.G&1%UU1 CONDITION'S 1910-8 (1990 Mike) w! CITY OF FORT COLLINS MODIFICA11ONS (RL—% 472000) 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-_year two. years after , such correction or' removal and replacement has been.satisfactorily completed. Acceptance of Defectivell ork: 13.13. If,, instead of requiring correction or removal and replacement of defective Work, OWIx?ER (and, prior to ENGINEER's recommendation of filial 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 Idefee z Work, (stick' costs to be approved by ENGINIEER as,to reasonableness). if any such acceptance occurs, prior to LNGINFER's recommendation of fuel payment,' a Change Order will be issued incorporating the necessary revisions in the Contract Docimieiits with respea. to the. Work; and OWNER shell be entitled to an appropriate decrease in the Contract Price, and if the es are unalile to agree as to the amount thereof, OWNER may make a claim. therefor as provided in Article 11. If the acceptance occurs after such ru ommendation,. an appropriate amount will be paid by CONTRACTOR to OWNER. 011-WER dfay Correct Defective Work: 13,14, Af CONTRACTOR fails within a reasonable time after tsritten notice from FNGINEER to correct defect»=e Work.or to remove and replace rejected Work as required by FNGINESR in accordance with paragraph 13.11, or if CO\TTRAGTOR fails to, perterm the Nock in. accordance wtith bi Contract Dooirments, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER ma_v, :after seven dar-' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies -under this paragraph OWNER shall proceed.e ipeditioisly. In connection with such coi indive and remedial action CR 01VNmay exclude.CONI'RACTOR from all or part of the site take possession. of all or part. of the Work, and suspend .CONTRACTOR's services. related thereto, take construction, equipmtent and machinery at the site and incorporate in the IA,ork all inaterials­ end equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, CONtTRACTOR shall 'allow OWNER OWNER's representatives, agents and employees. OWNER's other contractors and ENGINEER and ENGI NTEER's Consultants access. to the site to enable OXVAR to exercise: the rights atilt remedies this paragraph. All claims, costs, losses acid damages: incurred or sustai w 1)), OWNER in exercising sueh righis 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. Nee, and, if the parties are unable to agree as to the amount thereof,. OWNtk 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 ON CTRACTOR's defective Work. CONTRACTOR shall not be 'allowed aneidcnsion of the Contract Times (or Milestones) Because of any delay in performance of the Work attributable' to the exercise by OIXINER of O%WNT-Rs rights and remedies hereunder. ARTICLE 14--PA1'AMlTS TO CONTRACTOR AA`D COMPLETION Schedule of 6alaes: 14A. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and iynll be incorporated into a :form of Application for Payment acceptable to ENGINEER: Progress payments on account of Unit Pace Work Arill be based on the number of units completed. Application for Progr—Payment 14.2. At least twenty days before thcdatc cs_tablishcd for each progress paymen((lest not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONfRAACTOR coveting 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 thebasisof materials and equipment not incorporated.in the Work but delimed, and suitably stored at the site or at another location agree to in writing, the Application for Payment shall also be accompanied By a bill of sale, invoice or other documentation warrantine that OWNER has received the materials and equipment-frce and clear of all Liens and evidence that the materials and equipment are covered by appropriate property imurarice: and other arraneements 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 CONTRACTOR's• Warranty of Tide: 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, u7ll pass to'OWNER no later than the time of payrttent free and clear of -all Liens. Reties• ofAppGeadons forProgress Payment 14.4. ENGINEER will, within.ten days after receipt of each Application for payment, either indicate in writing a Fimc c&tsTRAL cor u-noNS I910-8 (1990 Edtion) w/ QTY Of FORT COLLI NS MODIIICATIONS (REV 4 Q 000) recommendation of payment and present the Application to OWNTER, or return the Appli66on 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.24GINEER's recommendation, the amount recommended trill (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. ENGINTEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINTER to. OVVNER, ' based on ENGINEER's on -site observations of the executed Work as an a periencac) and qualified: design professio' and on RIGINEER's rcvicw of the Application for Payment and the accompanying data and schedules; .that to the best of ENGINEER's knowledge; information and belief.- 14.5A. 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 qualificabon9 stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR" s being entitled 'to. 'such payment appear to hare been fulfilled insofar as it is ENGINEER's responsibility to.observe the Work. Howcvcr, by recommending. any such. payment ENGINEER will not thereby lie deemed to have represented that: (i) cxhaustive or continuous on -site inspcctions have been made to check the quality or the quantity, of the Work beyond the resgionsrbilities specifically assigned to ENGINEER in 'the 'Contract Documents or (ii) that there may nofbe other matters or issues 'between' the parties that miMt entitle CONTRACTOR to be paid additionally by :OWNER or. entitle.M.NER to withhold payment to CONTRACTOR. 14.6. ENGINEERS recommendation of any payment, including: filial payment shall not mean that ENGLNEER is responsible- for CONTRACTOR's means, methods, techniques, .sequences or procedures of construction or the safety preeiutions and programs incident thereto, or for any failure of CONTRACTOR to c6ffi y with Laws and Regulations applicable to the furnishing or perfomtarice. 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 UNGINEER's opinion it would be incorrect to make the representations to 29 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 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 Rev10/20/07 Section 00.100 Page 6 1 k u 11 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend. any such payment; or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGINEFR's _opinion to protect OWNER Gom loss because: 14.7. L 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:completc Work in accordance with paragraph 13.14; or 14.1.4. ENGINEER has actual knowledge of the occurrenceof any of the events enumerated in pamLmphs 15:2.1 through 15.2.4 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 perfomtance or himishing of the Work; 14.7.6. Licns have been filed in connection with the Work except inhere CONTRACTOR has delivered a specific Bond satisfactoov to OWhTER to secure the satisfaction and discharge of such Liens, 14J.7. there are other items entitling.OWNER to a set_ off against the amount recommended 'or 143:8. OWNER has actual knowledge of the occurrence of,.anv of the events . enumerated in pamgrap}is 14.7.1 through 14.73 or paragraphs 15.2.1 through 15.2.4 inclusive-, but OWNER ,must give CONTRACTOR immediate written notice- (with a copy to ENGINF,FR) 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 Substandal Completion: 14.8. When CONTRACTOR considers the.eniire 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 substantiatly complete,. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. if ENGiNEFR E"C OLN13 A1. CONDITIONS 191" (1990 Editim) 3Q at CITY OF FORT COLLINSIIODIi7CATIONSMAI4P000) 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 f nal,paymenL OtLNF:R shall have seven days after receipt of the tentative certificate Cloning which to make Avritten objection to ENGINEER as to any provisions of the certificate or attached list.. Ify after ooitsiderii>= such objections; ENGINEER concludes that the Work is not.substantially Complete, ENGINEER will within fourteen days •after :submission of the tentative certificate to OW+IdR notify' CONTRACTOR in writing, statatg the reasons therefor. If, after consideration of OWNER's objections, fiNGMELR considers the Work substantially complete Eh;GINFER trill 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 ce corrected) reflecting such changes from the teitative certificate as' ENGINEER believes justified after consideration of uny objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEFR will deliver. to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final eri nal payment bveen OINNTR and CONTRACTOR with respect to security, operation, safety maintenance, beat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so'inforin ENG1\TEF.R in w+tti>Q prior to ENGINqD---Rs issuing the definitive certificate of Substantial Completion, ENGINTEER's aforesaid recommendation will be binding on OW NT- R and COT\TTRACTOR until first paymett 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 Utilizadon 14.10. Use by OWNER at OIVNER's option of any substantially completed part of the Wort:, which: (i) has specifically Been identified in the' Contract Documents, or (ii)OWNER ENGINM- and CO\TTRACfOR'agree constitutes a separately functioning and usable pact of the Work that can be used by OWNIM for its intended purpose, without significant interference with CONTRACTOR's performance of the remainder of the. Wort:; may be . accomplished prior to Substantial Completion of all the Wort. "subject to the following: 14.10.LOWNER at any time may request CONTRACTOR in writing to permit OWNER to use any. such part oftheWork which1OWNER believes to be ready for its intended : use and substantially complete. If. CONTRACTOR,agrees.thatsuch part of the Wori is substantially complete; CONTRACTOR will certify to OWiTER and. ENGINEER that such part of the Work is substantially complete and request ENGINTEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at anytime may notify OWNTER and EI\TGINEER in meriting that CONTRACTOR considers any such part, of the Work ready for its intended use and substantially complete and request INTGINEER to issue a ceiti6cate of Substantial Completion for that part of the Wbrk. Within a reasonable time after either such _ request, OWNTER, CONTRACTOR and ENGINEER shall make an inspection of that. part of the Work to determine its status of completion. If EIvTGNEER.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 I':NGINEER eonsiders1hat.pan of the Work. to be substantially complete, the provisions of:paTil phs, 14.8 and 14.9 %will apply with respect to ceAin.of, Substantial Complction of that part of the \and the. division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of pan of the Work wdf be accomplished prior to compliance with the requirements of parngraph.5.15 in respect of property insurance. final Inspection:. 14.11. Upon written n6tict from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI1v= will make, a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in whichthis inspection reveals that.the Work is incomplete or defectiive. CONTRACTOR shameasures ll immediate]), take such as�are necessary to complete such };pork or remedy such.deficiencics. Final Application for Payment: 14.12, After CONTRACTOR has completed all such corrections to. the satisfaction of ENGINFER and delivered in accordance with the. Contract Documents all maintenance and operating instructions, schedules, guaramces, 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 finial payment `following the procedure for progress payments. The.final Application for Palmient shall be accompanied (except as previously delivered) by:- (i) all documentation called for in the Contract D..ocuments, including but not limited to the evidence. of inwratice required by subparagraph 5.4.13, (ii) consent of the surety; if any, to fowl payment, and (ui) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the XVork_ In lieu .of such releases or waivers of' Liens, 'and as approved by OWNER, CONTRACTOR may' furnish cei ,repts or releases in full and affidavit of_CONTRACTOR that: _(i) the releases and receipts includesll labor, services, material and equipment for which a Lien could. lie filed, and (ii) all payrolls, material. and equipment bills, and other indebtedness corm ; d with the Work for w•hich:OWTi NERot OWNER's property might in any way be responsible have;been paid or otherwise satisfied If any Subcontractor or Supplier fails EXI)CGENTERAL CONDIT10N5191" (1990E(btim) w CITY OF FORT COLLINS AiOD1FICATIONS UiEV 40000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against anv Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conform inc to the format of the OWNFR'S standard forms bound in the Proiect manual. Final Payment.andAcceptance: 14.13. I£ on the basis of ENGINEER's observation of the Work.,dunng construction and fatal 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 CONTRACTbR's other oblisations under the Contract Documents, have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEF][2's recommendation of paymicnt 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 io the provisions_ .of paragraph 14.15, Otherwise, INGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to.. recommend final payment, in which cast CONTRACTOR shall make the neccssary-.corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentauon, in Appropriate form and substance and with ENTGINTEER's recommendation and notice of acceptability; the amount recommended by ENGINEER will bccoriic due and will be paid by OWNTER to CONTRACTOR subject to paragraph 17.6.2 of these �;ener l QmditigW. 14.14. I£ through no fault of:CONTRACTOR, final gm completion of the Work is si[icantly delayed and if ENGINEER so confirms, OWNER shafi, upon receipt of CONTRACTOR's final Application for Payment and recommendation of EIVTGINLER, 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 retainrge 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 consttute a waiver of claims. u'airer of fClainrs: 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 terms of any special guarantees specified therein, or from CONTRACTORS continuing obligations under the Contract Documents; and n I I 14.15.2.A waiver of all claims by CONTRACTOR against OIirNER other than those previously made in writing and still unsettled. ARTICLE IS --SUSPENSION' OF NITORK AND TERMINATION 0IVAERMay Suspend Work. 15.1. At any time and without cause. OW'dER may suspend the Work'or anyy portion thereof' for a period of not more than ninety days 'by notice in writing to CONTRACTOR and ENGINEER which will fia.the date on which Work will be resumed: COl\TTRACTOR shall resume the Rork on the date so fixed CONTRACTOR shall "bc allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to aiiy such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. 01FA _R dfay Terminate 15.2. Upon the occurrence of any one or more of the following events: 15.2.1., if COi\TTRIICTOR persistently tads'toperform the Work in accordance Kith 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 paragraph29 as adjusted from time to time pursuant to paragraph 6:6); 1 12, if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if.CONTRACTOR disregards "the authority of LNGINGER; or 15.2A. if CONTRACTOR otherwise violates in any substantial tray any provisions of the Contract Documents: OUINM may, after giving "CONTRACTOR (and the surety, if any) seven days written notice and to the extent permitted by Laws and Regulations, teriainate the services of CONTRACTOR, exciiude CONTRACTOR from the site and take.., possession of the Work and of all CON' TOR's . tools; appliances, construction equipment and machinerj at the: site and use the same to the full extent they, could be used by "CONTRACTOR (uOthout liability to CONTRACTOR for trespass or conversion); im;rporate in 'the Work 'all materials and equipment stored at the site or for which OWNER has paid 32 EJCDC GENT72AL CONDIT IONS 1910.8 (1990 Edition) al CITY Ol; FORT COLLINS MODIFICATIONS (RENI 4 0000) CONTRACTOR but which are stored elsewhere, and finish the Work' as.Ot VNTCR may deem ex' *ienL 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 Pnc6_ exceeds all claims costs losses and damages.sustained by OW1% arisinif out of or resulting from completing the Work such e�cess.will be paid to CONTRACTOR. If such claims; cysts, dosses and damages exceed such unpaid balance, CONTRACTOR shall pay the differenceto OWNER: Such.clatms, costs, losses and damages" incuried.by OWNER will be reviewed by ENGII\?EER as to, their reasorialileiiess and when so approved by ENGINIFFR'incorporated in a Change Order, provided that, when exercising any rights m ghts or reedies under this .paragraph ONVNTFR shall not. be required to obtain the lowest price'for the Work performed. 15.3. Where CONTRACTOR s. services have been so terminated by CIANER, the termination will not affect any rights or remedies . of OWNIER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by Ot1r1TER will not release CONTRACTOR from liability. 154. Upon seven days' written notice to CONTRACTOR ..and BNGIi\TFER, "011rj\ R 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 Mid (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 over. d and profit on such Work, 15.4.2. for expenses sustained prior to the effective date of termination in perfonning 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 Sabcontractors', Suppliers and others; and 15,4.4. tor .-reason able expenses directly attributable to term ination: CONTRACTOR shall not be paid on acc"aunt of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTORilia y.SYop Work :orTerminate: 15.5. If through no act or fault of CONTRACTOR the Work is suspended for a Hod. Of more than ninety days by OUINER or under an order of court or'olher public authority, or ENGINEER fails to act on any Applicauon for Payment within thirty days..after it is submitted or OWI\2 fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice. to OWNTER and INGMEER. and. provided OWNER or ENGLNTEER do not remedy such suspension or failure within that time, terminate the Agreetitent 'and recrn.er from. OWNER pavtriri[ on the'same terms as pro. tdecl in pa. graph 1 5.4. In lieu of terminating thg;Agreement and without prejudice to any other right or remedy, ifETGLNEER has failed to act on an Application for: Payment within thirty days after it is submitted, or'ONYNER has failed.. for thirty days to. pay CONTRACTOR m finally any sum determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGNEER stop, the Work until payment of all such amounts due. CONTMACTOR, includinginterest thereon. The, provisions of this paragraph I5.5 are not intended to preclude CONTRACTOR from making claim under Articles'l l and 12 for an increase m Contract Price or Contract Times or otherwise for e:pcnses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—Dll il[WE HF,SOUYTION If and to the extent that OIVNER and CONTRACTOR have agreed on the method and procedure fir resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if anv, shall be is set fortlt in Eshbn'GC-A, "Dispute Resolution Agreement", to lie attaZh0'1h6rcto and made a part hereof. If no such agreement on the method and procedure for resolving such. disputes has been reached, and subject to ihe.provisions�of paragraphs 9.10, 9.11 and 9:12. OWNER. arid CONTRACTOR may exercise such rights or remedies ac either may othenvise.'hayc under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—Ai1SCELL T4EOUS Ming Notice: 173. 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 frill, or to an officer of the corporation for whom it is intended, or if "delivered at or sent by registered or certified mail, postage prepaid, to the last business address known.tothe giYer of the notice. 17.2. Computation aJTime.' 17.2.1. When any period oftime is referred to in the Contract Documents by. days. it will be computed to exclude the 'Gist and :include ihe_ last day of such period 1f'the last day of any such period falls on a Saturday or Sunday or on.a day.made a. legal holiday by the law of the applicable juriulictiom such day will be omitted from 'the computation. EJCDC GENERAL CONDITIONS 19103 (1990 Edition) eJ 0TY OF FORT COLLI NS MODIFICATIONS (tL V 4!' 000) 17.2 2. A calendar clay of twenty-four hours measured from midnight to the next midnight will constitute a clay_ Notice oJCkint: 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 ATiting to the other 'party within a reasonable, time of the first observance of such injury or damage. The provisions of this paragraph 173 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cuntulatne Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, aia in particular but without limitation, ,the marrnrities, guarantees and obligations imposed ..upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30. 631, 632, 13.;1, 111113.1 a, 14.3 and 15.2 and ail of the rights and .rcmcdics'a,�ailable to OWIitER and FNGINEEI2_ t}x rounder,. arc in addition to, and are not to is construed in anv xvhy as;a limitation of, any rights and remedies availabletoany 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.provlsions 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, itshall include in each`case, but not be limited to; all fees and charges of engineers, arehitects, attorneys and oilier professicrials and all court or arbitration or other dispute resolufion costs. 17.6. The laws of the State of Colorado ajVlv`to this Agreeinant. Refereiiee to two pgLhne.nt Colorado statutes are as follow-s 11.6.2. If a claim is filed. OWNER is required by law (CRS 38-26-107) to withhold Gom.:all payments to CONTRACTOR sufficient Yunds to insure the navment of all claims for labor, .materials. team hire, sustenance, provisions. provender, or other supplies used :or consumed by ''CONTRACTOR or his 33 1 1 I I 1 I H 34 EJCDCGE'FRU CONDITIM 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIITCAIIONS (REV 4POW) (I'Ns pare Icft blank intenticmally.) EJCDCGEN CUCONDITIONS1910-8(1990E(fition) 35 u/ CITY OF FORT COLLIN5 MODIFICATIONS QtEV 412000) I I u 3G EJCDCGhNERALCONDiT1ONS1910.S(1990Editim) IaIT OF PORT COLLINSTIODII-ICATIONS (REV A2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby amee that Article 16 of the General Conditions of the Conslruclion Contract between OIi:FIER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims,. disputes and other matters in question between O"INER and CONfRACfOR arising out of or relating to the Contract Documents or the breach thereof (excc3it 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 hate 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 ENGINMER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceeding 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 -lay 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 GENERAL CONDITIONS 1910-3 (1990 Edition) u/ CiTY OF FORT COLUNS 11•tOD1FiCATiONS (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 ENGRdEER'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 facf 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 Nragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with nnry party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNv'ER and CONTRACTOR involves the.Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. .CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16:5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGL\= 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 tee 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 -AI i 1 1 1 1 1 1 1 1 1 ECDC GENERAL CONDITIONS 1910-5 (1990 F(blim) w/ CITY OF FORT COLLINS MODIFICATION'S fRLV 9t94) GC•A I SE SECTION 00800 SUPPLEMENTARY CONDITIONS ' 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. ' 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one ' contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful ' Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful ' Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. ' When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the ' Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents Rev10/20/07 Section 00100 Page 7 1 ' SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 ' Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of 1 $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. ' 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . SC-12.3 Add the following language to the end of paragraph 12.3. ' Contractor will include in the project schedule days lost due to abnormal weather conditions. r E IRev 10/20/07 Section 00800 Page 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL o OF THIS CHANGE ORDER TOTAL C.O:o OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders a roved) ACCEPTED BY: DATE: Contractor's Representative. ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY• Purchasing Agent over $30,000 cc: City Clerk Contractor ..Project File Architect Engineer Purchasing Rev 10/20/07 DATE: DATE: DATE: DATE: Section 00950 Page 1 ' S \ \ LL .k R 2 0. w C . ƒ wwddw . uezzw . §<z0§ . . e2��= z w0z co ' . . \§2222 . . 2$i ��. < £ « . § a \ § . \ k 6 0 � \ / / \ / g / f $\ 2 \ / 0 E G _ < c o f § \ o 2 .& = D � / o = o \ e : r I. a s c 6 - o G 2 m i :£ CL / �/ -. R2)� } 7o E ® -��� \ \L) - \ L. E / e>1 t c< � 5 a E 5 E 2 \ f 2 � k j ® \ R § L) ƒ / LU o = / § 3 E § E'5 m .e . ® - ° - §� = % o !� �2 -L)a- D �7 ® � / \I ± = e/ ƒ/ ;RmR, o /E \ ° \ < 4p \2 //±/-1 2 \/ / 2 b k / \ E ) £ m E £ > _ CD /a 8 2 0� CD 0)= \_ / \ K \ \ 0 Cl) @ 7 Co / / / = . ,a L k k \ \ L < < < a) \ } k k \ / / / I S 7 $ o 3 § § m < . §\ k Cl o \ 7 § i \ $ :E6 \ \ \ 7 E' E E LU o m e % ; < < < z c E § / > > > � o 0 0 \ w M:. >1 0 Q) 0 ƒ / ƒ 0 0 r(D eo> 20 \ \ \ /\\\) \ �n Ck\k� I { a) L) � z k E k E k E / D s w± a)Z o cu cc r M m (az z oea eo c am_ c c w e m < G 0 0 0 Q 0 / e w / ƒ I F L� .1 1 I c a� LL a m O (V U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o00000000000000000000000000.0000000 C� c ���������������60s���64������e04�69������ a F-w co a ca L 6 •O O �0000000000000000o00o00000000000000 o0000000000000000000000000000000Oo 00000000000o0o00000000000o00o000000 as E6'-, e9'6-k6'6s6r6% 6-f 6�y69- 6-1 6-rV-1,-69, v%tg69, v:3, v9,v»E»v9,&%6»6-J, 6-, 6»vq- vi�6-- 6-Y6%fa Q Y a «-000000000000000000o000000000000000 �0000000000000000000000000000000000 00000000000000000000000000000000000 E"v9v9-6%646`i6't69646964 6%613646%V3-e%6409.V9.64V9.Vsv36461�c�61:� V% 6% 613�E»6sr6131- 0 6 � w Q LL Q •o -0 Z L E > •° 0Ua_a QZ UW 0000000000000000000000000000000000 Mg 00000000000000000000000.00000000000 a} 0000000o0000000000000000000000o0000 Qa E6%0316, fiEfl64EFT69Efl646969EA64696 6cr69c�<»rscs��r»cfl�cflc��vgv3ctr�v} a�i Q m L E (A U IL— � Ci =000000000000000000000o0o000o0000o0 �0000000000000000000000000000000000 00000000000000000000000000000000000 E 64696469i696-}696}69696-3646%69 6964 696469e9toe%696963,6969646-T646-3646964 Q U 3 CL •c cn D F z D c O cc Q H U � Q Z U O Q L E m a) Z N Q) tp .cd a 0 �o rn 0 0 r. 0 .,q 41 U N V C 0 � N 0 d m , Cl)0 W N 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O o 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 (7 6 w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �3 64 64 64 69J 64619, 64).69 64 69 6469, 69 64 64 64 64 64 VI,64 63 VI, 64 6% 646113. 69 64649, 6Fi 64 tfi 0 tf} 0 69 H W I- ❑ N W Vl o 0 o (u L N a :3OOo00000000000000000000000000000000 OOO0000o0o0000o00000000000000000000 000000000000000000a00000000000000000 E 6R 64 691 64 64 69 69 64 6R Hi Efi 64 to 64 eq, to is to 6-� e3 6% 6-s is is is cfl v» el, V9, try ts. eq- tq tPr tR a�i Q a� LU C� >- 00000000000000000000000000000000000 Q:300000000000000000000000000000000000 n o000 CD, 000000000000a000000000000000000 -O E 69 64 64 64 6% to 6F3 64 64 64 69 EiJ 64 64 H4 64 6<3 tf3 69 64 69 63 69 69, (Al, 64 64 t» t{i 6H 63- 69 64 6% 69 O N�cn Q LL a0a 0 0�Ua`.a. C'1 (¢j �00000000000000000000000000000000000 J O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O OLL O a O E O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 O.O O O O O O O O O O 646-k6'6963'696R?6%}6'69696469v3t»cfltfltst�tR61'6gV�6-YU9. flt»tfltflc�6')v) »arts CD QE fL Q 0 U L i cn C 0 - 00 C C 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 :3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 69 69 69 va 64 64 69 64 6% va 69 61) 64 69 64 64 64 64 64 69, to 69 69 69 6H 64 tf , 69- 69 61T 6j 64 64 64 64 0 Q N t' U .O •` W cr- N W J Q O U O c w o 0 -i W Z L) H O cn U d E E m B Z I u n J 1 J PROJECT AND STANDARD SPECIAL PROVISIONS Bridge Replacement - Whitcomb and Magnolia Bid No. 7081 Prepared for: City of 0 F6rt Collins 281 North College Avenue Fort Collins, CO 80522-0580 (970)221-6605 Prepared by: City of Fort Collins Engineering Department Capital Projects 281 North College Avenue Fort Collins, CO 80522-0580 (970) 221-6605 October 21, 2009 CITY OF FORT COLLINS, COLORADO ' WHITCOMB AND MAGNOLIA BRIDGE REPLACEMENT PROJECT SPECIAL PROVISIONS The General Conditions of the Construction Contract and the Colorado Department of ' Transportation's (CDOT) 2005 Standard Specifications for Road and Bridge Construction control construction. of this project. Where there are conflicts between the two, the General Conditions shall control. The following Special Provisions supplement or modify the CDOT Standard Specifications and take precedence over the CDOT Standard Specifications and plans. When specifications or ' special provisions contain both English and metric (SI) units, the English units apply and are the specification requirement. Item ' Pa es IndexPages-------------------------------------------------------------------------------------------------------- NoticeTo Bidders---------------------------------------------------------------------------------------------------- 1 PayApplication ---= ----------------------- ---------------------------------------------------------------- ------------ -3 Commencement and Completion of Work---------------------------------------------------------------------- 4 Revision of Section 100 - General Provisions----------------------------------------------------------------- 5 Revision of Section 101 - Definition of Terms----------------------------------------------------------------- 6 Revision of Section 102 - Project Plans and Other Data---------------------------------------------------- 7 Revision of Section 104 - Scope of Work ------------------------------------------------------------------- 8.12 Revision of Section 105 - Control of Work---------------------------------------------------------------- 13-18 ' Revision of Section 106 - Control of Material ----------------------------------------------------- ---- 19-23 Revision of Section 107 - Environmental Controls ---------------------------------------------- ------ 24-26 Revision of Section 108 - Prosecution and Progress-------------------------------------------------- 27-28 Revision of Section 601 - Structural Concrete ---------------------------------------------------------------- 29 Revision of Section 608 - Sidewalks and Driveways-------------------------------------------------------30 Revision of Section 608 - Detectable Warnings--------------------------------------------------------- 31-33 Revision of Section 609 - Curb and Cutter--------------------------------------------------------------------34 Utilities------------------------------------------------ r CITY OF FORT COLLINS, COLORADO WHITCOMB AND MAGNOLIA BRIDGE REPLACEMENT STANDARD SPECIAL PROVISIONS No. of Date Pages Revision of Section 101 — Falsework, Formwork, and Shoring (Nov. 30, 2006) 1 Revision of Sections 101, 107, and 208 = Water Quality Control (Dec. 23, 2008) 11 Revision of Section 104 — Value Engineering Change Proposals (Aug. 1, 2005) 5 Revision of Section 105 — Conformity to the Contract - (Jan. 17, 2008) 1 Revision of Section 106 — Certificates of Compliance and Certified Test Reports (June 29, 2006) 1 Revision of Sections 106 & 601 — Concrete Sampling and Pumping. (April 30; 2009) 2 Revision of Section 107 — Project Safety Planning (April 30, 2009) 3 Revision of Section 107 — Ton -Mile Taxes (April 12, 1007) 1 Revision of Section 109 — Compensation of Compensable Delays (Jan. 17, 2008) 1 Revision of Section 109 — Fuel Cost Adjustment (June 5, 2009) 2 Revision of Section .109 — Measurement of Quantities (Aug. 1, 2005) 1 Revision of Section 601 — Forms and Falsework (Nov. 30, 2006) 1 Revision of Sections 601, 606, 608, 609 & 618 — Concrete Finishing (April 12, 2007) 1 Revision of Sections 601 & 701 — Structural Concrete (April 30, 2009) 7 to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the.Bid Opening. END OF SECTION Rev10/20/07 Section 00100 Page 8 PROJECT SPECIAL PROVISIONS Bridge Replacement - Whitcomb and Magnolia Bid No. 7081- Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions NOTICE TO BIDDERS It is recommended that bidders on this project review the work site and plan details with an authorized City representative. Prospective bidders shall contact one of the following listed authorized City representatives at least 12 hours in advance of the time they wish to review the project. Project Engineer: Tim Kemp, PE Phone: (970) 416-2119 Engineering Department Fax: (970) 221-6378 City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 The above referenced individual is the only representative of the City with authority to provide any information, clarification or interpretation regarding the plans, specifications, and any other contract documents or requirements. 1 �I ' Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions ' COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 5" day following ' Contract execution or the 20th day following the date of award, whichever comes later, unless such time for beginning the work is changed by the City in the "Notice to Proceed". The Contractor shall complete all work in accordance with the "Notice to Proceed". ' Salient features to be shown on the Contractor's Progress Schedule are: • Mobilization o Phasing for Forming, Steel Tying and Concrete Pouring • Curb, Gutter, Sidewalk and Driveway Construction I Section 108 of the Standard Specifications is hereby revised for this project as follows: C 4 Whitcomb and Magnolia Bridge Replacement Project Special Provisions September, 2009 REVISION OF SECTION 100 GENERAL PROVISIONS Section 100 of the Standard Specifications is hereby revised for this project as follows: Subsections 102 and 103 of the Standard Specifications are hereby deleted. See Contract Documents for additional information. 5 Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work embraced under this Contract shall consist of the "Colorado Department of Transportation, State of Colorado, Standard Specifications for Road and Bridge Construction" dated 2005. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado representative. The sections shown on the following pages are revisions to the Technical Specifications for this project. 11 1 u Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shallinclude the following: ' The following plans and specifications will be available for review at the Purchasing Division for the City of Fort Collins, 215 N. Mason Street, 2"d Floor, FortCollins, Colorado 80522 and may be examined online at: 1. City of Fort Collins: https://fcgov.com/purchasing OR 2. https://secure3.fcgov.com/bso/. WHITCOMB AND MAGNOLIA BRIDGE REPLACEMENT Plan Sheet No's. 1 to 8 7 Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions REVISION OF SECTION 104 SCOPE OF WORK ' Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.02 shall include: ' Site Conditions A. General: 1. The Contractor acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing ' upon access to the site; handling,, storage, and disposal of materials; availability of water, electricity and roads; uncertainties of weather, .river stages, or similar physical conditions at the site; the conformation and conditions of the ground; the equipment and facilities needed preliminary to and during the execution of the ' work; and all other matters which can in any way affect the work or the cost thereof under this Contract. ' 2. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials to be encountered from his inspection of the site and from reviewing any available records of exploratory work furnished by the Owner or included in these Documents. Failure by the Contractor to acquaint himself with the physical conditions of the site and all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully ' performing the work. 3. The Contractor warrants that as a result of his examination and investigation of ' all the aforesaid data that he can perform the work in a good and workmanlike manner and to the satisfaction of the Owner. The Owner assumes ;no responsibility for any representations made by any of its officers or agents during ' or prior to the execution of this Contract, unless (1) such representations are expressly stated in the Contract, and (2) the Contract expressly provides that the responsibility therefore is assumed by the Owner. ' B. Information on Site Conditions Any information obtained by the Engineer regarding site conditions, subsurface information, ' groundwater elevations, existing construction of site facilities, and similar data will be available for inspection, as applicable, at the office of the Engineer upon request. Such information is offered as supplementary information only. Neither the Engineer nor the Owner assumes any responsibility for the completeness or interpretation of such supplementary information. 1 Whitcomb and Magnolia Bridge Replacement September, 2009 ' Project Special Provisions -2- REVI_SION OF SECTION 104 SCOPE OF WORK 1. Differing Subsurface Conditions: In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing materially from those ordinarily encountered and generally recognized as inherent in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of such changed conditions. b. The Engineer will investigate such conditions promptly and following this investigation, the Contractor shall proceed with the work, unless otherwise instructed by the Engineer. If the Engineer finds that such conditions do so materially differ and cause an increase or decrease in the cost of or in the time required for performing the work, the Engineer will recommend to the Owner the amount of adjustment in cost and time he considers reasonable. The Owner will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion. Underground Utilities: Known utilities and structures adjacent to or encountered in the. work are shown on the Drawings. The locations shown are taken from existing records a topographic survey and the best information available from existing utility plans..However, it is expected that there may be some discrepancies and omissions in the locations and, quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the Owner or the Engineer for their accuracy or completeness. C. Execution Where the Contractor's operations could cause damage or inconvenience to railway, telegraph, telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, the operations shall be suspended until all arrangements necessary for the protection of these utilities and services have been made by the Contractor. 2. Notify all utility offices which are affected by the construction operation. at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. �47 ' Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions -3- REVISION OF SECTION 104 SCOPE OF WORK ' 3. The Contractor from shall protect all utility poles damage. If interfering power poles, telephone poles, guy wires, or anchors are encountered, notify the Engineer and the appropriate utility company at least 48 hours in advance of ' construction operations to permit the necessary arrangements for protection or relocation of the interfering structure. 4. The Contractor shall be solely and directly responsible to the Owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. ' 5. Neither the Owner nor its. officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the work. ' 6. If the Contractor, while performing the Contract, discovers utility facilities not identified in'the Drawings or Specifications, he shall immediately notify the Owner, utility, and the Engineer in writing. 1 7. In the event,of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in the ' restoration of service as promptly as possible and bear all costs of repair. 8. The Contractor shall replace, at his own expense, any and all other existing ' utilities or structures removed or damaged during construction, unless otherwise provided for in these Contract Documents or ordered by the Engineer. 9. Interfering Structures - The Contractor shalt take necessary precautions to prevent damage to existing structures whether on the surface, above or ground, underground.An attempt has been made to show major structures on the Drawings. The completeness and accuracy cannot`be guaranteed, and it is presented simply as a guide to avoid known possible difficulties. 10. Field Relocation - During the progress of construction, it is expected that minor relocations of the work will be necessary. Such relocations shall be made only ' by direction of the Engineer. If existing structures are encountered that prevent the construction, and that are not properly shown on the Drawings, notify the Engineer before continuing with the construction in order that the Engineer may make such field revision as necessary to avoid conflict with the existing structures. If the Contractor shall fail to so notify the Engineer when an existing structure is encountered, and shall proceed with the construction despite the interference, he shall do so at his own risk. I 10 Whitcomb and Magnolia Bridge Replacement Project Special Provisions -4- REVISION OF SECTION 104 SCOPE OF WORK D. Easements: September, 2009 ' Where portions of the work are located on public or private property, easements and permits will be obtained by the Owner. Easements will provide for the use of the property for construction purposes to the extent indicated on the easements. Copies of these easements and permits are available upon request to the Owner. It shall be the Contractor's responsibility to determine the adequacy of the . easement obtained in every case and to abide by all requirements and provisions of the easement. The Contractor shall confine his construction operations to. within the easement limits or make special arrangements with the property Owners or appropriate public agency for the additional area required. Any damage to property, either inside or outside the limits of the easements provided by the Owner, shall, be the responsibility of the Contractor as specified herein. The Contractor shall remove, protect, and replace all fences or other items . encountered on public or private property. Before final payment will be authorized by the Engineer, the Contractor will be required to furnish the Owner with written releases from property Owners or public agencies where side agreements or special easements have been made by the Contractor or where the Contractor's operations; for any reason, have not been kept within the construction right-of-way obtained by the Owner. 2, It is anticipated that the required easements. and permits. will be obtained before construction is started. However, should the procurement of any easement or permit be delayed, the Contractor shall schedule and perform the work around these areas until such a time as the easement or permit has been secured. E. Land Monuments: The Contractor shall notify the Engineer of any existing Federal, State, Town, County, and private land monuments encountered. Private monuments shall be preserved, or replaced by a licensed surveyor at the Contractor's expense. When Government monuments are encountered, the Contractor shall notify the Engineer at least two (2) weeks in advance of the proposed construction in order that the Engineer will have ample opportunity to notify the proper authority and reference these monuments for later replacement. 11 11 SECTION 00300 ' BID FORM ' PROJECT: G� Place l'_ t OS 0 7 ' Date )mil 1. In compliance with your Invitation to Bid dated s 200?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 certified or cashier's heck or standard Bid bond in the sum of J� ($ ) 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 specifie//d�� performance and bonds payment is as follows: f'� �' �� 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by ' the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or ' Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges' receipt of Addenda No. through ' Rev10/20/07 Section 00300 Page 1 1 ' Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions -5- REVISION OF SECTION 104 SCOPE OF WORK ' Subsection 104.05 shall include: Contractors Use of Premises ' The Contractor may use the Owner's property designated within the construction limits shown on the Plans for equipment and materials as long as he confines his operations to those ' permitted by local laws, ordinance and permits and meet the following requirements: 1. Do not unreasonably encumber site with materials or equipment. 2. Assume full responsibility for protection and safekeeping of products stored on premise. 3. Move any stored products which interfere with operations of the Owner. 4. Obtain and pay for use of additional storage or work areas needed for ' operations: Limits of Construction The Contractor must maintain all of his construction activities within the Owner's property and/or construction easements and limits of the project, or other stated areas, unless permits and/or ' written permission are obtained by the Contractor, from appropriate authorities or private property Owners, outside of these areas. Contractor to fence all easements and work areas. The temporary permits must be secured and paid for by the Contractor at no extra cost to the Owner. Any temporary permits secured must be in writing and a copy of same provided to the ' Engineer. Security tThe Contractor shall at all times be responsible for the security of his facilities and equipment. The Owner will not take. responsibility for missing or damaged equipment, tools, or personal belongings of the Contractor.. 1 12 Whitcomb and Magnolia Bridge Replacement Project Special Provisions REVISION OF SECTION 105 CONTROL OF WORK September,.2009 I Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.02 shall be replaced with: Submittals A. Requirements: Where required by. the Specifications, the Contractor shall submit descriptive information that will, enable the Engineer to determine whether the Contractor's proposed materials, equipment, methods of work are in general conformance to the design concept and in accordance with the Drawings and Specifications. The information submitted may consist of drawings, specifications, descriptive data, certificates, samples, test results; product data, and such. other information, all as specifically required in the Specifications. In some instances, specified submittal information describes some, but not all features of the material, equipment, or method of work. 2. The Contractor shall be responsible for the accuracy and completeness of the information contained -in each submittal and shall assure that the material, equipment, or method of work shall be as described in the submittal. The Contractor shall verify.that all features of all products conform to the requirements of the Drawings and Specifications. The Contractor shall ensure that there is .no conflict with other submittals and notify the Engineer in each case where its submittal may affect the work of another Contractor or the Owner. The Contractor shall ensure coordinationof submittals among the related crafts and subcontractors. 3. Submittals will be reviewed for overall design intent and returned to Contractor with action to be indicated by the Engineer. It shall be the Contractor's responsibility to assure that previously accepted documents are destroyed when they are superseded by a re -submittal as such. 4. It shall be the Contractor's responsibility to ensure that required items are corrected and resubmitted. Any work done before approval shall be at the Contractor's own risk. B. Submittal Procedure: Unless a different number is called for in the individual sections, six (6) copies of each submittal and sample are -required, four (4) of which will be retained by the Engineer. The Contractor shall receive two (2) copies in return. Faxed submittals will not be accepted. 13 Whitcomb and Magnolia Bridge Replacement September, 2009 ' Project Special Provisions -2- REVISION OF SECTION 105 CONTROL OF WORK ' 2. Submittals that are related to or affect each other shall be forwarded simultaneously as a package to facilitate coordinated review. Uncoordinated ' submittals will be rejected. 3. If the items or system proposed are acceptable but the major part of the individual drawings or documents are incomplete or require revision, the submittal will be returned with requirements for completion. 4. The right is reserved for the Engineer to require submittals in addition to those ' called for in individual sections. 5. Submittals regarding material and equipment shall be submitted directly to the ' Engineer and will be accompanied by a transmittal form. A separate form shall be used for each specific `item, class of material, equipment, and items specified in separate discrete sections for which the submittal is required. Submittals for various items shall be made with a single form when the itemstaken together ' constitute a manufacturer's package.or are so functionally related that expediency indicates checking or review of the group or package as a whole. ' 6. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX-Y;" where "XXX" is the originally assigned submittal number and "Y" is.a sequential letter assigned for resubmittals (i.e., A, B, or C ' being the first, second and third resubmittals, respectively). Submittal 25-13, for example, is the second resubmittal of Submittal 25. ' 7. If the Contractor proposes to provide material, equipment, or method of work that deviates from the Contract Documents, it shall indicate so under "deviations" on the transmittal form accompanying the submittal copies. ' 8. ` Submittals that do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review. ' C. Review Procedure: 1. Submittals are specified for those features and characteristics of materials, equipment, ' and methods of operation that can be selected based on the Contractor's judgment of their conformance to the requirements of the Drawing and Specifications. Other features and characteristics are specified in a manner that enables the Contractor to determine acceptable options without submittals. The review procedure is based on the Contractor's guarantee that all features and characteristics not requiring submittals conform to the Drawings and Specifications. Review shall not extend to means, methods, techniques, sequences, or procedures of construction or to verifying quantities, ' dimensions, weights or gages, or f0rication processes (except where I 1 14 P Whitcomb and Magnolia Bridge Replacement September, 2009 ' Project Special Provisions -3- REVISION OF SECTION 105 CONTROL OF WORK specifically indicated or required by the Specifications) of separate items, and as such, will not indicate approval of the assembly in which the item functions. 2. Unless otherwise specified, within twenty-one (21) calendar days after receipt of the submittal, the Engineer will review the submittal and return copies. The returned submittal will indicate one.of the following actions: a. If the review indicates that the material, equipment, or work method complies with the Specifications, submittal copies will be marked "NO EXCEPTIONS TAKEN". In this event, the Contractor may begin to implement the work method or incorporate the material or equipment covered by the submittal. b. If the review indicates limited corrections are required, copies will be marked "Furnish as noted". The Contractor may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. Where submittal information will be incorporated in Operation and Maintenance data, a corrected copy shall be provided. c. If the review indicates that the submittal is insufficient or contains incorrect data, copies will be marked "REVISE AND RESUBMIT". Except at its own risk, the Contractor shall not undertake work covered. by this submittal until it has been revised, resubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". d. If the review indicates that the material, equipment, or work method do not comply with the Specifications, copies of the submittal will be marked "REJECTED". Submittals with deviations that have not been identified clearly may be rejected. Except at its own risk, the Contractor shall not undertake the work covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". D. Drawing: 1. The term "shop drawings" includes drawings, diagrams, layouts, schematic, descriptive literature, illustrations schedules performance and test.data, and similar materials furnished by Contractor to explain in detail specific portions of the work required by the Contract 2. Contractor shall coordinate all such. drawings, and review them for legibility, accuracy, completeness and compliance with contract requirements and shall indicate this approval thereon as evidence of such coordination and review. Shop drawing submitted to the Engineer without evidence of Contractor's approval will be returned for resubmission. 15 ' Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions -4- REVISION OF SECTION 105 CONTROL OF WORK 3. Shop drawing shall be clearly identified with the name and project number of this contract, and references to applicable specification paragraphs and contract drawings. When catalog pages are submitted, applicable items shall be clearly eidentified, 4. Contractor shall stamp his approval on shop drawings prior to submission to the ' Engineer as indication -of his checking and verification of dimensions and coordination with interrelated items. Stamp shall read: "(Contractor's Name) represents that we have determined and verified all field dimensions and measurements, field construction criteria, materials, catalog numbers and similar data, and that we have checked with the requirements of the Specifications and Drawings, the Contract Documents, and General Conditions". Marks on drawings by Contractor shall not be in red. Any marks by Contractor shall be duplicated on all copies submitted. 5. If shop drawings show variations from contract requirements, Contractor shall describe such variations in writing, separate from the drawings, at time of submission. All such variations must be approved by the Engineer. If Engineer approves any such variations,'he shall issue an appropriate contract modification, except that, if the variation is minor and does not involve a change in price or in time of performance, a modification need not be issued. 6. Should the Contractor propose any item on his shop drawings or incorporate an item into the work, and that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the Engineer's preliminary review), the Contractor shall, at his own expense, replace the item with another item that will perform satisfactorily. E. Certificates: r For those items called for in individual sections, furnish six (6) certificates of compliance from manufacturers or suppliers certifying that materials or equipment being furnished under the Contract comply with the requirements of these Specifications. F. Samples: Samples shall be sufficient in size to clearly illustrate functional characteristics and full range of color, texture, and pattern. 16 Whitcomb and Magnolia Bridge Replacement September, 2009 ' Project Special Provisions -5- REVISION OF SECTION 105 CONTROL OF WORK G. Effect of Review of Contractor's Submittals: Review of drawings, data, methods of work, or information regarding materials or equipment the Contractor proposes to provide, shall not relieve the Contractor of its responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the Engineer or the Owner, or by any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure, of the method of work, material, or equipment so reviewed. A mark of "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED" shall mean that the Owner has no objection to the Contractor, upon its own responsibility, using the plan or:method of work proposed, or providing the materials or equipment proposed. Subsection 105.04 shall be revised as follows: Delete the second paragraph and replace with the following: In case of discrepancy the order of precedence is as follows: A. General Conditions of the Construction Contract B. Special Provisions 1. Project Specifications 2. Standard Special Provisions C. Plans 1. Detailed Plans 2. Standard Plans Calculated dimensions will govern over scaled dimensions. D. Supplemental Specifications E. Standard Specifications Subsection 105.05 shall include: Coordination with Land Owners The City of Fort Collins is committed to maintaining a positive working relationship with the businesses and residents in the project area. Every.effort will be made to maintain pedestrian and bicycle flow and to accommodate special events and high volume holidays for businesses, pedestrians, parking, and vehicle traffic. The Contractor shall be responsible for communicating accurate scheduling information to the project team to assure proper notification of businesses and residents. 17 F� ' Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions REVISION OF SECTION 105 CONTROL OF WORK ' In particular, any proposed disruption or closure to an existing access must be communicated to the property Owner and (if property is a rental) to the building tenant with as much notice as possible - 48 hours is the minimum notice that will be allowed for any proposed access change. The Contractor shall ensure that adequate alternate access is in place for vehicles and, . pedestrians and any property -specific access needs are addressed prior to any change in existing access. The Contractor shall identify his method of maintaining these accesses on the Construction Traffic Control plans (see Traffic Control — General). Subsection 105.07 shall include: Coordination with Traffic Engineer ' The Contractor shall coordinate with the Owner's Traffic Engineer for all traffic control activities. This shall include, but not be limited to, installation and timing of traffic signals, lane closures, and lane reductions. ' Subsection 105.08 shall include: Surveying Coordination 1. The Owner will provide construction surveying for the project. City Survey Crews will perform the surveying required. 2. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. 3. 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. 4. 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. ' 5. 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. 6. The Contractor shall be responsible for transferring the information from the construction staked to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. 18 Whitcomb -and Magnolia Bridge Replacement September, 2009 Project Special Provisions , REVISION OF SECTION 106 ' CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows: ' Subsection 106.01 shall include: Substitutions and:Product Options ' A. Description: ' 1. This section describes the procedure required by the Contractor for product substitutions. 2. Requests for Substitution: , a. Base all bids on materials, equipment and procedures specified. , b. Certain types of equipment and kinds of material are described in specifications by means of trade names and catalog numbers, and/or manufacturer's names. Where this occurs, it is not intended to exclude ' from consideration such types of equipment and kinds of material bearing other trade names, catalog numbers and/or manufacturer's names, capable of accomplishing purpose of types of equipment or kinds of material specifically indicated. ' C. Other types of equipment and kinds of material may be acceptable to the Owner and Engineer. ' a. Types of equipment, kinds of material and methods of construction, if not specifically indicated must be approved in writing by Engineer and the Owner. ' 3. Submission of Requests for Substitution: a. After Notice to Proceed, the Owner/Engineer will consider written requests ' for substitutions of products, materials, systems or other items. b. The Engineer reserves the right to require substitute items to comply color ' and pattern -wise with base specified items, if necessary to secure "design intent'. C. Submit six (6) copies of request for substitution. Include in request: , 1) Complete data substantiating compliance of proposed substitute with Contract Documents. , 19 , Whitcomb and Magnolia Bridge Replacement September, 2009 ' Project Special Provisions -2- REVISION. OF SECTION 106 CONTROL OF MATERIAL ' 2) For products: Product identification, including manufacturer's name. ii. Manufacturer's literature, marked to indicate ' specific model, type, size, and options to be considered: Product description; performance and test data; reference standards; difference in power demand; dimensional differences for specified unit. iii. Name and address of similar projects on which product was used, date of installation, and field performance. data. 3) For construction methods: i. Detailed description of proposed method. H. Drawings illustrating methods. 4) Itemized comparison of proposed substitution with product or method specified. ' 5) Data relating to changes in construction schedule. ' 6) Relation to separate contracts. 7) Accurate cost data on proposed substitution in comparison with ' product or method specified. d. In making request for substitution, or in using an approved substitute item, Supplier/Manufacturer represents: ' 1) He has personally investigated proposed product or method, and has determined that it is equal or superior in all respects to that ' specified and that it will perform function for which it is intended. 2) He will provide same guarantee for substitute item as for product or method specified. 3) He will coordinate installation of accepted substitution into work, to include building modifications if necessary, making such changes ' as may be required for work to be complete in all aspects. ' 20 Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions ' -3- REVISION OF SECTION 106 CONTROL OF MATERIAL 4) He waives all claims for additional costs related to substitution which subsequently become apparent. 4. Substitutions: Request sufficiently in advance to avoid delay in construction. 5. Contractor's Option: a. For products specified only by reference standards, select any product meeting standards by any manufacturer, indicate selected type in submission. b. For products specified by naming several products or manufacturers, select any product and manufacturer named, indicate selected type in submission. C. For products specified by naming one or more products, but indicating option of selecting equivalent products by stating "or equivalent" after specified product, Contractor must submit request, as required for substitution, for any product not specifically named. 6. Rejection of Substitution or.Optional Item: Substitutions and/or options will not be considered if they are indicated or implied on shop drawings, or project data submittals, without formal request submitted in accordance with this section. Subsection 106.03 shall include: Materials Testing A. Provide such equipment and facilities as are required 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 found to be acceptable. Any product which becomes unfit for use after approval thereof shall not be incorporated into the work. B. 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), and the American Association of Highway and.Transportation officials (AASHTO). 21 7 \ § ON \ � / E E E E S 3 S S E ® © k c e e m m m » e % 3 6 / 6 c) 6 66 6 6� G 6 2 g. / / 00 7 /0 $ o COo � R & e § k ± J 2 / & \ ± J « m \ % ,/ mm m0e E .. 0 ® 6@ e�E G.p & 5 j 7 7 2 £ k§ Q $$ fk% 00 2 E2 p �� - 3 Ic%� / / C q 2 ° A cr- M. 9 k S (D(D 0 / 0 / 3 \ ) OD © k / k % _ \ % m \ � D e �mw co .> (A R J% ~ 3 /% U-4 m . m e m m m m m e@ m e o o @ ck m m m > ` � 2 R� 0 e O n [ o ■ \ O 0LAO -e OQ k .\-4 �� | C) -1 � � . ou03 Ei � @ m A 0 A � CD M flu k / cc / 2 m Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions -4- REVISION OF SECTION 106 CONTROL OF MATERIAL C. Where additional or specific 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. ' D. Owners Responsibilities 1 1. The Owner shall be responsible for and shall pay all costs in connection with the following testing: ' a. Soils compaction tests. b. Trench backfill. ' C. Pipe and structural bedding. d. Tests not called for by the Specifications of materials delivered to the site. e. Concrete tests. f. Pavement tests. E. Contractors Responsibilities In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: a. Concrete materials and mix designs. ' b. Design of asphalt mixtures. C. All performance and field-testing specifically called for by the Specifications. d. All retesting for work or materials found defective or unsatisfactory, including tests'covered above. 22 1 Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions -5- REVISION OF SECTION 106 CONTROL OF MATERIAL F. Transmittal of Test Reports Written reports of tests and engineering data furnished by Contractor for Engineer's review of materials and equipment proposed to be used in the work shall be submitted as specified for Shop Drawings. The testing laboratory retained by the Owner or Engineer will furnish three (3) copies of a written report of each test performed by laboratory personnel in the field or laboratory. Two (2) copies of each test report will be transmitted to the Engineer and one (1) copy to the Contractor within seven (7) days after each test is completed. 23 ' Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS Section 107 of the Standard Specifications is hereby modified to include the following: Environmental Controls ' The work of this section consists of obtaining permits and providing environmental controls consistent with regulatory permits through the duration of the work required under this project. ' A. Dust Control Application: 1. The Contractor shall execute work by methods to minimize raising dust from ' construction operations. 2. The Contractor shall provide and apply dust control at all times, including evenings, holidays and weekends, as required to abate dust nuisance on and about the site that is a direct result of construction activities. The use of ,non - approved chemicals, oil, or similar palliatives will not be allowed. Dust control agents may be used only after prior approval of the Owner. The Contractor shall be required to provide sufficient quantities of equipment and personnel for dust control sufficient to prevent dust nuisance on and about the site. ' 3. The Owner will have authority to order dust control work whenever in its opinion it is required, and there shall be no additional cost to the Owner. The Contractor shall be expected to maintain dust control measures effectively whether the Owner or Engineer specifically orders such Work. B. Preservation of Natural Features: Confine operations as much as possible. Exercise special care to maintain natural surroundings in an undamaged condition. Within the work limits, barricade trees, rock outcroppings, and natural features to be preserved. C. Housekeeping: Keep project neat, orderly, and in a safe condition at all times. Store and use equipment, tools, and materials in a manner that does not present a hazard. Immediately remove all rubbish. Do not allow rubbish to accumulate. Provide on -site containers for collection of rubbish and dispose of it at frequent intervals during progress of work. ' D. Disposal Disposal of Waste (Unsuitable) Materials: All material determined by the Engineer to be waste will be disposed of in approved landfill in a manner meeting all regulations. Dispose of waste materials, Legally, at public or private dumping ' areas. Do not bury wastes inside of the limits of construction: All costs for dump fees, permits, etc., are to be bome by the Contractor. ' 24 Whitcomb and Magnolia Bridge Replacement September, 2009 ' Project Special Provisions -2- REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS 2. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul away contents such that no overflow exists. Excess excavation shall become the property of the Contractor and shall be legally disposed of by him outside the limits of construction to an approved disposal site. Excess excavated material suitable for backfill shall not be disposed of until all backfill operations are complete. 4. The Contractor is to immediately inform Engineer of any hazardous materials encountered during construction. Dispose of waste materials legally at private or public facilities. E. Burning: No burning of debris will be permitted. F. Water Control: A portion of the project work is located within a natural drainage course and is subject to periodic flooding due to rainfall and snowmelt, flows for adjacent developed areas and storm water pipes and ground water flows from saturated soils or other ground water sources. The Contractor is responsible for managing water within the construction site and protecting property. G. Noise Control All mechanical equipment shall be equipped with the best available mufflers to reduce.noise. The Contractor shall be responsible for obtaining any necessary permits and shall limit noise to the permitted levels. Noise level monitoring shall be performed by the Contractor as necessary to show that the permitted levels are not being exceeded. 2. Permission from Owner must be obtained prior to the operation of any machinery and/or vehicles between the hours of 6 p.m. and 7 a.m. H. Aquatic Resource Protection: If heavy equipment is used that was previously working in another stream, river, lake, pond, or wetland within 10 days of work in this project, one of the following disinfection practices is necessary prior to construction to prevent the spread of New Zealand Mud Snails and other aquatic hitchhikers into this drainage. These practices are also necessary after project completion, prior to this equipment being used in another stream, river, lake, pond, or wetland for the same purpose: 1. Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and the equipment must be kept dry for 10 days OR 2. Remove all mud and debris from equipment (tracks, turrets,. buckets, drags, teeth, etc.) and spry/soak equipment with a 1:1 solution of Formula 409 Household Cleaner and water or a 1:15 solution of Sparquat institutional cleaner and water.'Keep equipment moist for at least 10 minutes OR 25 Whitcomb and Magnolia Bridge Replacement Project Special.Provisions .3- REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS September, 2009 3. Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with water greater than 130 degrees F for at least 10 minutes. 4. Clean hand tools, boots, and any other equipment that will be used in the water using one of the above options, as well. I. Permits 1. All work must be performed in accordance with all applicable regulatory permits. It shall be the responsibility of the Contractor to obtain a Construction Dewatering Permit from the Colorado State Health Department for any dewatering operations that will be discharged into any drainageways, open channels, or irrigation ditches. The Contractor shall be responsible for any testing required under the Construction Dewatering Permit. 2. The Owner will obtain the following permit: • City of Fort Collins Excavation on Public Property Permit The Contractor must obtain all other applicable permits. 26 Whitcomb and Magnolia Bridge Replacement September, 2009 , Project Special Provisions REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.03 shall include the following: Project Meetings A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Award and before the Notice to Proceed, the date, time and location will be determined after Notice of Award. The conference shall be attended by: 1. Contractor and Contractor's Superintendent 2. Contractor's Subcontractors 3. Engineer 4. Owner 5. Utility Companies .6. Others as requested by the Contractor, Owner, or Engineer. 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. 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 (Dewatering Permit) 3. Transmittal, review and distribution of Contractor's submittals 4. Processing applications for payment 5. Maintaining record documents 6. Critical work sequencing 7. Field decision and change orders 8. Use of premises, office and storage areas, staging area, security, housekeeping, and Owner's needs 9. Contractor's assignment of safety and first aid 27 ' Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions ' -2- REVISION OF SECTION 108 PROSECUTION AND PROGRESS B. Construction Progress Meetings: Progress meetings will be conducted weekly or at some other frequency, if approved by the Engineer. These meetings shall be attended by the Owner, the Engineer, the Contractor's representative and any others invited by these people. The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, the status of information requests, critical work sequencing, review of strategies for connections into existing facilities, status of field orders and change orders, and any general business. The Contractor will prepare a "two week look ahead" schedule to facilitate coordination of work items. Subsection 108.04 shall include the following: Work Hours: Standard work hours are 7 AM to 6 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. U I 28 d Whitcomb and Magnolia Bridge Replacement Project Special Provisions REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is revised as follows: Subsection 601.01 shall include the following: September, 2009 1 This work consists of furnishing and placing portland cement concrete, 48 hour high early, in accordance with these specifications and in conformity with the lines, grades and dimensions as shown on the plans or established. This work will be required for the top slab construction of the proposed Box Culvert. The required field compressive strength for the Concrete, Class D (Box Culvert) (48 Hour High Early) shall be a minimum of 75% of the ultimate -strength (3,375 psi) after 48 hours measured from time of placement. The required field compressive strength at 28 days shall be in accordance with Table. 601-1. Subsection 601.20 shall include the following: Payment will be made under: PAY ITEM PAY UNIT Concrete, Class D (Box Culvert) (48 Hour High Early) Cubic Yard All additives, admixtures, cements and alternate materialsi and all other work and materials necessary for batching, transport, and installation will not be measured and paid for separately, but shall be included in the work. Whitcomb and Magnolia Bridge Replacement Project Special Provisions September, 2009 REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is revised as follows: Subsection 608.01 shall include the following: This work consists of the construction of concrete sidewalks, driveways and curb ramps in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. Subsection 608.06 shall include the following: Payment will be made under: PAY ITEM PAY UNIT Concrete Sidewalk (6") Square Foot Concrete Driveway (6") Square Foot All work necessary and incidental to the construction of sidewalks, driveways and curb ramps will not be measured and paid for separately but shall be included in the work. 30 Whitcomb and Magnolia Bridge Replacement Project Special Provisions REVISION OF SECTION 608 DETECTABLE WARNINGS September, 2009 , Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall include the following: This work includes the installation of detectable warnings on concrete curb ramps at the locations shown on the plans and in accordance with the plans. Subsection 608.02 shall include the following: Detectable warnings on curb ramps shall be truncated domes of the dimensions shown on the plans. Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers. Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes as shown on the plans. Pavers shall meet the requirements of ASTM C 902 or ASTM C 936. Alternate materials may be used, if pre -approved by the Engineer. The Contractor shall submit a sample of the product, the name of the selected supplier, and documentation that the product meets all contrast requirements and will be fully compatible with the curb ramp surface to the Engineer for approval prior to start of work. Known vendors of alternate products include but are not limited to the following: VENDOR NAME PRODUCT PHONE NUMBERS TMA Construction Supply CAST in TACT Warning 303-295-6050 Panels ���TS..n��arr%yZth �i.�+.�v '� � a� ,��d..�j'��1f rEastiordan,lron Works; Incµr "S#{it�'r'"f3 } i �—-3't�q TroncatedfDome Plates �g F 626-4653 vim€ ��31'� 3..�n.wr f �800 a v" Neenah Foundry Company R-4984 Detectable 800-558-5075 Warning Plate The domes and the underlying surface shall have a minimum of 70% contrast with the light reflectivity of the adjoining surface. The contrast shall be verified using the following equation: Contrast = Bi - BZ x 100 Bi Where B, = Light Reflectance Value (LRV) of the lighter area Bz = LRV of the darker area Absolute black and white will not be permitted. 31 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: CONCRETE STRUCTURES, INC. CONTRACTOR BY: WAYNE A. SCHELL gnature Date 1 1 PRESIDENT Title N/A License Number (If Applicable) (Seal - if Bid is by rpo Cration) Attest: SCOTT R. HAKONSON, SECRETARY/TREASURER Address 4325 Hilltop Road Longmont, CO 80504 C�4 Telephone (970) 535-0202 1 Rev 10/20/07 wayne schell@csicousa.com Section 00300 Page 3 J Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions -2 REVISION OF SECTION 608 DETECTABLE WARNINGS tThe contrast shall be achieved by adding pigment during the fabrication of the paver. Prior to start of work, the Contractor shall submit appropriate documentation from the manufacturer ' verifying that the contrast has been met, along with a sample paver, to the Engineer for approval. Bedding and joint sand shall be free of deleterious or foreign matter. The sand shall be natural ' or manufactured from crushed rock. Limestone screenings or stone dust shall not be used. Sand for bedding material shall conform to ASTM C. 33. Sand that is to be placed between joints shall conform to ASTM C 144. ' Subsection 608.03 shall include the following: (g) Detectable Warnings. Pre -fabricated pavers for detectable warnings shall be brought to the ' site in steel banded, plastic banded or plastic wrapped cubes capable of being transported by a fork lift or clamp lift. Pavers shall be carefully removed and stacked in a manner which results in the least amount of damage. All pavers that are damaged during transport or delivery will be ' rejected and shall be replaced at the Contractor's expense. Minor cracks or chipping due to transport and handling that do not interfere with the structural integrity of the paver or the overall pattern of truncated domes will not be deemed as grounds for rejection. ' The Contractor shall spread the bedding sand evenly in the area defined and shall screed the sand to an appropriate embedment depth as shown on the plans or as directed by the Engineer. Sufficient sand should be placed to stay ahead of laid pavers Pavers shall be placed in a running bond pattern. Domes shall be aligned to create a square grid in the predominant direction of travel as shown in the plans. Pavers shall be installed such ' that the base of the truncated dome is at the same elevation as the adjoining surface, allowing for a smooth transition between the curb ramp and the detectable warning. ' When cut pavers are required to fill gaps between the pavers and the edge of concrete, the Contractor shall bevel portions of the truncated domes at a 45-degree angle to create a smooth transition between the partial dome and the curb ramp surface. Unless otherwise directed by the Engineer, pavers shall be cut and installed in such a manner that the domes on the cut ' sections will not significantly impact the overall pattern of the truncated domes. The Contractor shall use a plate vibrator to embed the pavers into the sand. The size and type ' of plate vibrator shall be in accordance with manufacturer's recommendations, or as directed by the Engineer. All pavers that are damaged during embedment shall be replaced at the Contractor's expense. ' Joint spacing between paver units shall be in accordance with the manufacturer's recommendations, or as approved by the Engineer. Joints shall be filled completely with joint sand. Excess sand shall be removed by sweeping. ' (h) Alternate products. Alternate materials shall be installed in accordance with manufacturer's recommendations. ' 32 Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions -3- REVISION .OF SECTION 608 DETECTABLE WARNINGS The concrete surface to which alternate materials are to be applied shall be prepared in accordance with manufacturer's recommendations. Material requirements, color and application shall be in accordance with manufacturer's recommendations and as approved by the Engineer. _ Subsection 608.05 shall include the following: Detectable warnings on curb ramps, including sand, pavers, alternate materials, and all other work and materials necessary for fabrication, transport, and installation will not be measured and paid for separately, but shall be included in the work. Subsection 608.06 shall include the following: Payment will be made under: PAY ITEM PAY UNIT Concrete Ramp w/ Truncated Domes (8") Square Foot ,W] Whitcomb and Magnolia Bridge Replacement. September, 2009 Project Special Provisions REVISION OF SECTION 609 CURB AND GUTTER Section 609 of the Standard Specifications is revised as follows:. Subsection 609.01 shall include the following: This work consists of the construction of curb, gutter, driveway curb cut or combination curb, gutter and driveway curb cut in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. Subsection 609.07 shall include the following: Payment will be made under: PAY ITEM PAY UNIT Curb, Type 2 (Section 116) (Driveway Curb Cut) Linear Foot All work necessary and incidental to the construction of curb, gutter and driveway curb cut will not be measured and paid for separately but shall be included in the work. 34 Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions UTILITIES The following Utilities are known to be within the project limits: Utility/Agency Contact Phone Sanitary Sewer - City of Fort Collins Roger Buffington (970) 221-6854 Water — City of Fort Collins Roger Buffington (970) 221-6854 Storm Water — City of Fort Collins Glen Schlueter (970) 224-6065 Electric — City of Fort Collins Doug Martine (970) 224-6152 Forester — City of Fort Collins Ralph Zentz (970) 221-6302 Lighting — City of Fort Collins Doug Martine (970) 224-6152 Gas — Xcel Energy Randy Blank (970) 225-7847 Telephone — Qwest Bill Johnson (970) 377-6401 . Cable TV — Comcast Dennis Greenwalt (970) 484-7166 The work described in these plans and specifications will require full coordination between the Contractor and the Utility Companies, in accordance with Subsection 105.06 and while performing their respective operations, so the utility work can be completed with minimum delays to all parties concerned. The following utility work shall be performed by the Contractor: The Contractor shall be responsible for coordinating the adjustment of all utilities on this project and scheduling the work to coincide with construction activities. . The Contractor shall keep each utility company advised of any work being done to their facilities by the contractor's forces, so that each utility company can coordinate their inspections for final acceptance with the Engineer. Provide written notice to each utility company, with a copy to the Engineer, prior to any work by a utility company that is to be coordinated with project construction. A minimum of three (3) calendar weeks of prior notice is required. General The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements"), when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least three (3) business days prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC-registered lines marked by member companies. Call 1-800-922-1987 for locate requests outside the Denver Metro area. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavation or grading. The location of utility.facilities, as shown on the plans and profile sheets and described herein, were obtained from the best available information. All costs incidental to the foregoing requirements will not be paid for separately, but shall be included in the work. M91 STANDARD SPECIAL PROVISIONS Bridge Replacement - Whitcomb and Magnolia Bid No. 7081 November 30, 2006 REVISION OF SECTION 101 FALSEWORK, FORMWORK AND SHORING Section 101 of the Standard Specifications is hereby revised for this project as follows: Add subsection 101.89 as follows: 101.89 Falsework. Falsework is temporary construction used to support structural elements of concrete, steel, masonry or other materials during their construction or erection until they become self-supporting. Falsework may also be used to provide temporary support to elements of a structure during demolition or reconstruction. Add subsection 101.90 as follows: 101.90 Formwork. Formwork is the temporary structure or mold used to retain plastic or fluid concrete in its designated shape until it hardens. Add subsection 101.91 as follows: 101.91 Shoring. Shoring is temporary construction that is used to support the earth adjacent to excavation or embankment. ' December 23, 2008 1 ' REVISION OF SECTIONS 101, 107, AND 208 WATER QUALITY CONTROL Sections 101, 107, and 208 of the Standard Specifications are hereby revised for this project as follows: Add subsections 101.92 and 101.93 which shall include the following: ' 101.92 Stormwater Management Plan (SWMP). The Stormwater Management Plan comprises those contract documents containing the requirements necessary to protect and identify sensitive environments (state waters, wetlands, habitat and existing vegetation), minimize the amount of disturbed soil, control and minimize erosion ' and sedimentation during and after project construction, minimize runoff from offsite areas from flowing across the site, slow down the runoff, and reduce pollutants in stormwater runoff. 101.93 Best Management Practices (BMPs) for. Stormwater Pollution Prevention. BMPs prevent or reduce ' the pollutants in stormwater discharges from the construction site. Delete subsection 107.25(b)5., and replace it with the following: ' 5. At least ten days prior to the beginning of construction the Erosion Control Supervisor (ECS), identified in subsection 208.03(c), shall identify and describe all potential pollutant sources, including materials and activities, and evaluate them for the potential to contribute pollutants to stormwater discharges associated with construction activities. At a minimum each of the following shall be evaluated for the potential for ' contributing pollutants to stormwater discharges and 'identified in the SWMP, if found to have such potential: all exposed and stored soils; vehicle tracking of sediments; management of contaminated soils; vehicle and equipment maintenance and fueling; outdoor storage activities (building materials, fertilizers, chemicals, etc.); significant dust or particle generating processes; routine maintenance involving fertilizers, pesticides, ' detergents, fuels, solvents, oils, etc.; on -site waste management practices (waste piles, dumpsters, etc.); dedicated asphalt and concrete batch plants; concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment; non -industrial waste sources that may be significant, such as worker trash and portable toilets; loading and unloading operations; and other areas or procedures where ' potential spills can occur. The ECS shall record the location of potential pollutants on the site map. Descriptions of the potential pollutants shall be added to the SWMP notebook. The Contractor shall provide a Spill Prevention, Control, and Countermeasure Plan (SPCC) for any petroleum product, chemicals, solvents, or other hazardous materials in use, or in storage, at the work site. Work shall not be started until the plan has been submitted to and approved by the Engineer. Subsection 107.25(b) shall include the following: ' 21. The Contractor shall certify in writing that construction equipment has been cleaned prior to site arrival. Vehicles shall be free of soil and debris capable of transporting noxious weed seeds or roots onto the site. Vehicle cleaning may occur on site, in approved areas, where wash water can be properly contained. 22. At the end of each day the Contractor shall collect all trash and dispose of it in appropriate containers. ' Containers shall be emptied as needed. Subsection 208.01, second paragraph, shall include the following: ' When a provision of Section 208 or an order by the Engineer requires that an action be immediate or taken immediately, it shall be understood that the Contractor shall at once begin effecting completion of the action and pursue it to completion in a manner acceptable to the Engineer, and in accordance with the Colorado Discharge ' Permit System (CDPS) Stormwater Construction Permit (SCP) requirements. December 23, 2008 ' 2 REVISION OF SECTIONS 101, 107, AND 208 WATER QUALITY CONTROL Subsection 208.02(k) shall include the following: When approved by the Engineer a fabricated concrete washout structure may be used. Fabricated concrete washouts are pre -manufactured watertight containers designed to contain liquid and solid waste from concrete washout. Above ground systems designed for washout and hauling may also be used. After use the structure must be removed from the project site and'disposed of at the, Contractor's expense. Insubstantial structures, such as children's wading pools or swimming pools are not acceptable, and will be rejected by the Engineer. Subsection 208.03 shall include the following: Prior to construction, an on -site environmental preconstruction conference shall be held. The conference shall be attended by the Engineer, the Superintendent, the Contractor's ECS, subcontractors beginning work on the project that could adversely affect water quality ,the Region Water Pollution Control Manager, other CDOT Region Environmental personnel, a CDOT hydraulics engineer as needed, and the CDOT Landscape Architect or CDOT personnel who prepared or reviewed the SWMP.. At this conference, the attendees shall discuss the stormwater management plan, CDPS-SCP, sensitive habitats on site, wetlands, and other vegetation to be protected. Prior to construction the Contractor shall implement erosion control measures in accordance with the approved schedule. Prior to the initiation of construction activities the Engineer, the Region Water Pollution Control Manager; ECS and the Superintendent shall inspect the project to determine whether the BMPs described in the schedule and the site -specific SWMP are installed and located correctly. Notice shall be given to all participants at least 3 working days in advance. Prior to construction the Contractor shall evaluate the project site for water draining into or through it. If such drainage is identified, if possible BMPs shall be used to prevent stormwater from running on -site and becoming contaminated with sediment or other pollutants via a temporary pipe or other conveyance to prevent water contamination: Run-on water that cannot be diverted shall be treated as construction runoff and adequate BMPs shall be employed. The ECS shall evaluate any non-stormwater_coming onto the site, such as springs, seeps, and landscape irrigation return flow. If such flow is identified, BMPs shall be used to protect off -site water from running on -site and becoming contaminated with sediment or other pollutants. The ECS shall review. existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Prior to construction commencing, inlets and culverts needing protection shall be protected and the location of the implemented BMP added to the SWMP site map. When additional BMPs are required, the Contractor shall implement the additional BMPs and the ECS shall record and describe them on the SWMP site map. Additional BMPs will be measured and paid for in accordance with subsections 208.07 and 208.08. Subsection 208.03(b) shall include the following: If necessary, the ECS shall update proposed sequencing of major activities in the SWMP. Subsection 208.03(c), first paragraph, shall include the following: The ECS shall act as the Stormwater Management Plan (SWMP) Administrator on the project. The SWMP Administrator shall be responsible for oversight of the implementation; maintenance, and revision of the SWMP for the duration of the project. The ECS shall read, be familiar with, and use the information provided in CDOT's Erosion Control and Stormwater Quality Guide and the CDPS-SCP. December 23, 2008 3 . REVISION OF SECTIONS 101, 107, AND 208 WATER QUALITY CONTROL Delete subsection 208.03(c), item (4) and replace with the following: (4) Inspect and record with the Superintendent and the Engineer the stormwater management system at least every 14 calendar days. Post storm event inspections shall be conducted within 24 hours after the end of any precipitation or snow melt event that may cause surface erosion. If no construction activities will occur ' following a storm event, post -storm event inspections shall be conducted prior to commencing construction activities, but no later than 72 hours following the storm event. The occurrence of any such delayed inspection must be documented in the inspection report. Recorded inspections still must be conducted at ' least every 14 calendar days. CDOT Form 1176 shall be -used for all 14 day inspections. The project is subject to inspections by CDPHE, US Army Corps of Engineers (USACE), Environmental Protection Agency (EPA) and CDOT at any time. If CDPHE reviews the project site and requires additional ' measures to prevent and control erosion, sediment, or pollutants, the Contractor shall cease and desist activities resulting in pollutant discharge and immediately implement these measures. Subsection 208.03(c), second paragraph shall include the following: (8) During construction the ECS shall update and record the following items on the site map as changes occur: (i) Construction boundaries (ii) Areas of disturbance, as they occur (iii) Areas used for storage of construction materials, equipment, soils, or wastes (iv) Location of any dedicated asphalt or concrete batch plants (v) Location of work access routes during construction (vi) Location of borrow and waste (vii) Location of temporary and/or permanent stabilization (9) The ECS shall amend the SWMP whenever there are: additions, deletions, or changing locations of BMPs. SWMP revisions shall be recorded immediately. Items shall be dated and signed at time of occurrence. Specifically, amendments shall include the. following: (i) A change in design, construction, operation, or maintenance of the site which would require the implementation of new or revised BMPs; or (ii) Changes when the SWMP proves to be ineffective in achieving the general objectives of controlling ' pollutants in stormwater discharges associated with construction activity. (III) Changes when BMPs are no longer necessary and are removed. (10) All inspection and maintenance activities or other repairs shall be documented by the ECS and kept on the ' project site. (11) The ECS shall modify the site map with arrows to indicate direction of water flowing across the project site. ' (12) When adding new BMPs to the SWMP the ECS shall add a narrative explaining what, when, where, why, and how the BMP is being used, a description of BMP application, and a detail to the SWMP notebook. ' (13) If using existing topography, vegetation, etc. as a BMP it shall be labeled as such on the SWMP site map;, the ECS shall add a narrative as to why and how the BMP is being used to the SWMP site map. (14) The ECS shall cross out all BMPs that do not apply or highlight those details and. notes on the Department's ' Standard Plans and SWMP that apply to the project: The ECS shall write an explanation as to why the detail has been removed or what is being used instead as a BMP ("not applicable" is not an acceptable explanation). ' (15) The ECS shall develop, record on the SWMP, and implement a plan for saw cutting containment to be approved by the Engineer. (16) The ECS shall keep accurate and complete records; enforcement action, including fines could result if ' records are not adequate. December 23, 2008 ' 4 REVISION OF SECTIONS 101, 107, AND 208 WATER QUALITY CONTROL (17) The ECS or the Superintendent shall conduct an inspection on each day in which active construction has occurred. At this inspection the entire site shall be reviewed to determine whether construction is being conducted in accordance with the project's site -specific SWMP and the CDPS-SCP. The ECS or Superintendent shall observe, record, and determine the effectiveness of all BMPs. Inspections shall be recorded on the Daily Stormwater Log and kept in the project SWMP notebook. Completed 1176 reports shall be kept in the SWMP notebook Spills, leaks or overflows that result in the discharge of pollutants shall be documented and maintained by the ECS. The ECS shall record the time and date, weather conditions, reasons for spill, etc. Some spills may need to be reported to the Water Quality Control Division immediately_ The Permittee shall report to CDPHE Water Quality Division the following instances of noncompliance: (1) Noncompliance, which may endanger health or the environment; (2) Spills or discharge of hazardous substance or oil, which may cause pollution of the waters of the state; (3) Discharge of stormwater, which may cause an exceedance of a water quality standard. For all instances of noncompliance based on environmental hazards and chemical spills and releases, all needed information shall be provided orally to the Colorado Department of Public Health and Environmental spill reporting line within 24 hours from the time the permittee becomes aware of the circumstance. For all instances of noncompliance identified here, a written submission shall also be provided within five calendar days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of: (1) The noncompliance and its cause; (2) The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; (3) Steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. After measures to correct any problems have been taken and recorded, or where a report does not identify incidents of noncompliance, the report shall be signed indicating the site is in compliance. Add subsection 208.03(d) which shall include the following: (d) Documentation Available on the Project. The following Contract documents and references will be made available for reference at the COOT field office during construction. 1. SWMP Notebook. The Engineer will provide a SWMP Notebook, which is and shall remain the property of COOT, in which the following Contract documents and reports shall be kept by the ECS: (1) SWMP Plan Sheets (2) SWMP site map and project plan title sheet (3) Copies of subsection 107,25 and sections 207, 208, 212, 213, and 216 of the Standard Specifications, and the standard and project special provisions that modify them (4) Standard Plan M-208-1 (5) Details of BMPs used on the project not covered in Standard Plan M-208-1 (6) Narratives related to BMPs used on the project not covered on the SWMP plans or site maps (7) Calendar for marking when the regular 14 day inspections take place and when the storm event inspections take place (8) All project environmental permits and associated applications, including, CDPS-SCP, Senate Bill 40, USACE 404, Dewatering, and all other permits applicable to the project, including any CDPS- SCP obtained by the Contractor (9) List of potential pollutants as described in subsection 107.25 (10) Spill Prevention, Control and Countermeasure Plan (11) Form 1176 Inspection reports and RECAT reports (12) Form 105s relating to water quality 1 1 1 1 1 1 1 1 1 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 December 23, 2008 5 ' REVISION OF SECTIONS 101, 107, AND 208 WATER QUALITY CONTROL (13) Description of inspection and maintenance methods implemented at the site to maintain all erosion ' and sediment control practices identified in the SWMP (14) Schedule for accomplishing temporary and permanent erosion control work in accordance with subsection 208,03(b). (15) Erosion Control Supervisor's certification. ' (16) Environmental Preconstruction Conference agenda with a certification of understanding of the terms and conditions of the CDPS-SCP and SWMP. The certification shall be signed by all attendees. A certification shall also be signed by'all attendees of meetings held for new subcontractors beginning work on the project that could adversely affect water quality after the Environmental Preconstruction Conference has been held. (17) Daily Stormwater Log. (18) Monthly audit reports provided by the Region Water Pollution Control Manager. ' (19) Project photographs documenting existing vegetation prior to construction commencing. The Engineer will incorporate the documents and reports available at the time of award. The Contractor shall provide and insert all other documents and reports as they become available during construction. 2. Reference Materials (1) CDOT Erosion Control and Storm water Quality Guide (2) CDOT Erosion Control and Stormwater Quality Field Guide (3) Copy of biological opinion, if applicable Add subsection 208.03(e) which shall include the following: ' (e) Weekly Meetings: The Engineer, Superintendent and the ECS shall conduct a weekly meeting with all persons involved in construction activities that could adversely affect water quality. At this meeting requirements. of the SWMP, CDPS-SCP, problems thaff may have arisen in implementing the site specific ' SWMP or maintaining BMPs and any unresolved issues from the daily stormwater log shall be discussed. If a subcontractor begins work at the site that could adversely affect water quality after the Environmental Preconstruction Conference has occurred, the Engineer and Superintendent shall brief that subcontractor on the site's SWMP and the CDPS-SCP requirements at that subcontractor's first weekly meeting before the ' subcontractor begins work at the site. Subsection 208.04 shall include the following: The ECS shall modify the SWMP to clearly describe and locate all BMPs implemented at the site to control potential sediment discharges from vehicle tracking. Stabilized construction entrances shall be used at'all vehicle and equipment exit and entrance points to the site to prevent sediment exiting the project site onto paved public roads. Access shall be provided only at a stabilized construction entrance. The ECS shall record required stabilized construction entrances on the SWMP site map. Perimeter control shall be established as the first BMP to be implemented on the SWMP. Perimeter control shall be approved by the Engineer prior to -installation. The ECS shall describe and record perimeter control on SWMP. Newly constructed inlets and culverts shall be protected throughout construction and immediately upon ' completion. When riprap is called for at the outlet of a culvert, it shall be installed within 24 hours upon completion of each pipe. The Contractor shall remove sediment, millings, debris and other pollutants from within the project drainage system, prior to use, at no additional cost to the project. In subsection 208.04(d), first paragraph, delete the second sentence and replace, with the following: When required by the plans, a soil retention blanket shall be used in combination with the final seed and mulch. 11 December 23, 2008 , 6 REVISION OF SECTIONS 101, 1.07, AND 208 WATER QUALITY CONTROL , In subsection 208.04(d), first paragraph, delete the third sentence and replacewith the following: Temporary stabilization is defined as the covering of disturbed areas with seed, mulch with a tackifier, soil , roughening, soil binder, or a combination thereof. In subsection 208.04(d), after the first paragraph, add the following: During the is summer and winter when seeding not allowed, temporary stabilization shall be placed. Temporary stabilization shall consist of: surface roughening via scarifying surface to 2-4 inches variation of surface or vertical tracking, 1.5 tons of certified weed free forage hay or straw mulching per acre mechanically crimped into the soil in combination with an organic mulch tackifier, soil binder, cellulose fiber mulch with tackifier, or a combination ' thereof as approved. Surface roughening shall not be used alone. In subsection 208.04(d), second paragraph, delete the fourth sentence and replace with the following: , If approved by the Engineer, slopes from the edge of pavement to the point of slope selection may be left unseeded until paving has been completed but shall be temporarily stabilized as approved by Engineer. Insubsection 208.04(d), third paragraph, delete the second and third sentences and replace with the following: Areas shall be permanently stabilized within 48 hours after completion. Disturbed areas where work is temporarily halted shall be temporarily stabilized immediately after the activity ceased. ' Temporary stabilization shall consist of: surface roughening via scarifying surface to 2-4 inches variation of surface or vertical tracking, 1.5 tons of certified weed free forage hay or straw mulching per acre,. mechanically crimped into the soil in combination with an organic mulch tackifier, soil binder, cellulose fiber mulch with tackifier, or a combination thereof, as approved._ ' In subsection 208.04(e) delete the first paragraph and replace with the following: Erosion and sediment control practices and other protective measures identified in the SWMP as BMPs for ' Stormwater Pollution Prevention shall be maintained in effective operating condition. BMPs shall be continuously maintained in accordance with good engineering, hydraulic and pollution control practices, including removal of collected sediment when silt depth is 50 percent or more of the height of the erosion control device. Removal and disposal of sediment shall be in accordance with 208.04(f). Where necessary, the Contractor shall use ' appropriate size equipment with operator to remove the sediment. The Contractor shall obtain the Engineer's approval of proposed equipment and methods for removal and disposal of sediment prior to performing the work. Maintenance of Erosion and Sediment Control devices shall include replacement of such devices upon the end of their useful service life as recommended by the ECS or the Engineer, and approved by the Engineer. Maintenance of Rock Check Dams, and Stabilized Construction Entrances shall be limited to removal and disposal of sediment. Devices damaged due to the Contractor's negligence shall be replaced at Contractor's ' expense. Complete site assessment shall be performed as part of comprehensive inspection and maintenance procedures, to assess the adequacy of BMPs at the site and the necessity of changes to those BMPs to ensure continued effective performance. Where site assessment results in the determination that new or replacement BMPs are necessary; the BMPs shall be installed to ensure continuous implementation. When identified, BMPs shall be added, modified or replaced as soon as possible, immediately in most cases. Where BMPs have failed, resulting in noncompliance, they shall be repaired or replaced as soon as possible, immediately in most cases, to minimize the discharge of pollutants. The ECS shall update the SWMP Notebook by describing and recording new and replacement BMPs. New or replacement BMPs will be measured and paid for in accordance with subsections 208.07 and 208.08. ' December 23, 2008 7 ' REVISION OF SECTIONS 101, 107, AND 208 WATER QUALITY CONTROL Subsection 208.04(f) shall include the following: rWhenever sediment is transported onto the highway, the road shall be cleaned. Street washing will not be allowed. Storm drain inlet protection shall be in place prior to shoveling, sweeping, or vacuuming. Sweeping shall be completed with a pickup broom or equipment capable of collecting sediment. Street washing and kick ' brooms shall not be used. Street cleaning will not be paid for separately, but shall be included in the work. Add subsection 208.04(g) which shall include the following: Material from saw cutting operations shall be cleaned from the roadway surface as soon as possible, immediately in most cases, after operations. Particles shall be picked up with a pick up broom or vacuum. Sweeping and street washing will not be allowed. Street cleaning will not be paid for "separately, but shall be included in the ' .work. Subsection 208.05 0) shall include the following: The Contractor shall protect all storm drain facilities adjacent to locations where pavement cutting operations involving wheel cutting, saw cutting, sand blasting, or abrasive water jet blasting are to take place. In subsection 208.05(I) delete the first sentence and replace with the following: The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or under the logs or from sediment accumulation greater than 50 percent of the original exposed height of each erosion log. iSubsection 208.05(n) shall include the following: Washout areas shall be checked by the ECS and maintained as required. On site permanent disposal of concrete ' washout waste is not allowed. In subsection 208.05(n), first paragraph, delete the second sentence and replace with the following: At least ten days prior to,start of concrete operations, the Contractor shall submit in writing a method statement outlining the design, site location, and installation of a concrete structure that will contain washout from concrete placement operations. ' Subsection 208.05(n) shall include the following: (11) The use of earthen, in ground concrete washout sites shall be less than one year. ' In subsection 208.05(n) delete the last paragraph and replace it with the following: All liquid and solid wastes, including contaminated sediment and soils generated from concrete washout shall be ' hauled away from the site. Removal shall be included in the price of the concrete washout structure. Subsection 208.05 shall include the following: ' (q) Detention Pond. Permanent detention ponds shown in the construction plans may be used as temporary BMPs if: (1) the pond is designated as a construction BMP in the SWMP, (2) the pond is designed and implemented for use as a BMP during construction in accordance with good ' engineering, hydrologic, and pollution control practices, and (3) the pond is inspected and maintained (4) . All silt shall be removed and the pond returned to the design grade and contour prior to project acceptance. December 23, 2008 ' 8 REVISION OF SECTIONS 101, 107, AND 208 WATER QUALITY CONTROL Add subsections 208.051 through 208.055 immediately following subsection 208.05 which shall include the following: 208.051 Materials Handling and Spill. Prevention. The ECS. shall clearly describe and record on the SWMP, all practices implemented at the site to minimize impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have spill procedures and responses specified in subsection 107.25. (a) Bulk storage structures'for petroleum products and any other chemicals shall have secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering state waters.: If secondary containment is used and results in accumulation of stormwater within the containment, a plan.shall be implemented to properly manage and dispose of accumulated stormwater. (b) The Contractor shall inspect equipment, vehicles, and repair areas to ensure petroleum, oils, and lubricants (POL) are not leaking onto the soil or pavement. Absorbent material or containers approved by the Engineer shall be used to prevent leaking POL from reaching the soil or pavement. The Contractor shall have onsite approved absorbent material or containers of sufficient capacity to contain any POL leak that can reasonably be foreseen. All materials resulting from POL leakage control and cleanup shall become the property of the Contractor and shall be removed from the site. The cost for control, cleanup and removal of by-products resulting from POL leaks will not be paid for separately, but shall be included in the work. (c) Spill Prevention, Control and Countermeasure Plan shall be developed and implemented to establish operating procedures and the necessary employee training to minimize the accidental releases of pollutants that can contaminate stormwater runoff. The Spill Prevention, Control, and Countermeasure Plan shall contain the following information: (1) Identification of the spill cleanup coordinators (2) Location of cleanup kits (3) Quantities of chemicals and locations stored on site. (4) Label system for chemicals and Materials Safety Data Sheets (MSDS) for products (5) Notification and clean up procedures to be implemented in the event of a spill for spills which do not enter state waters or are under reporting limits of the chemical of concern (diesel fuel, hydraulic fluid, motor oil, used hydraulic fluid and motor oil, tack oil). (6) Significant spill procedures for spills of any size that enter state waters or have the potential to-do so. CDOT's Erosion Control and Stormwater Quality Guide (current edition) contains Spill notification contacts and phone numbers required in the SPCC. Subsection 208.052 Stockpile Management. Material stockpiles shall be located away from sensitive areas and shall be confined so that no potential pollutants will enter state waters or conveyances to state waters (e.g., ditches).. Locations shall be approved by the Engineer. Erodible stockpiles (including topsoil) shall be contained with acceptable BMPs at the toe (or just beyond toe) throughout construction. BMPs:shall be approved by the Engineer. The ECS shall describe, detail, and record the sediment control devices on the SWMP. There shall be no stockpiling or side casting of waste materials including but not limited to paint chips, asphalt, and concrete that result from project activities within 50 horizontal feet of the ordinary high water line of any state waters. 208.053 Grading and Slope Stabilization. The Contractor shall limit construction activities to those areas within the limits of disturbance to toe of slope and top of cut and as otherwise shown on the plans and cross -sections. Construction activities, in addition to the Contract work, shall include the on -site parking of vehicles or equipment, on -site staging, on -site batch plants, haul roads or work access, and any other action which would disturb existing conditions. Off road staging areas must be pre -approved by the Engineer, unless otherwise designated in the Contract. Disturbances beyond these limits shall be restored to the original condition by the Contractor at the ' December 23, 2008 9 ' REVISION OF SECTIONS 101, 107, AND 208 WATER QUALITY CONTROL Contractor's expense. The ECS shall tabulate additional disturbances not identified in the SWMP or documented ' in the permit and indicate locations and quantities on the SWMP and report to the Engineer. The Contractor shall pursue and stabilize all disturbances to completion. The Contractor shall provide a stabilization schedule showing dates when areas are to be completed and stabilized. The Contractor shall maintain. revisions to the schedule and obtain approval for schedule changes in accordance with subsection 108.03. ' 208,054 Surface Roughening and Vehicle Tracking. Disturbed surfaces shall be left in a roughened condition at the end of each shift by equipment vertical tracking, scarifying, or disking the surface on contour to create a 2 to 4 inch minimum variation in soil surface. Deep sands or soils that are primarily; rock need not be roughened. Surface roughening will not be paid for separately, but shall be included in the work. ' Subsection 208.06 shall include the following: Failure to implement the Stormwater Management Plan puts the project in automatic -Violation of the CDPS — SCP ' and CDOT specifications. Penalties may be assessed to the Contractor by the appropriate agencies. All fines assessed to the Department for the Contractor's failure to implement the SWMP shall be deducted from moneys due the Contractor in accordance with subsection 107.25(c) 2. ' In subsection 208.06, delete the last sentence of the first paragraph and replace with the following: Liquidated damages will be applied for failure to comply with the CDPS-SCP, including, but not'limited to the following: ' In"subsection 208.06, delete items (3), (4), (7) and (8) and replace with the following: (3) Failure of the ECS to implement necessary actions required by the Engineer as required by subsection 1 208.03 (c). (4) Failure to amend SWMP and implement erosion and sediment control measures as required by subsection 208,04. (7) Failure to immediately stabilize'disturbed areas as required by subsections 208.04(d) and 208.054. ' (8) Failure to replace orperform maintenance on an erosion control feature within 48 hours after notice from the Engineer to replace or perform maintenance as required by subsection 208.04(e). In subsection 208.06 add items (11), (12), (13), and (14) which shall include the following: ' (11) Failure to perform permanent stabilization as required by subsection 208.b4 (d). (12) Failure of Superintendent or ECS to perform inspections and record findings in the Daily Stormwater Log. ' (13) Failure of Superintendent or ECS to attend 14 day inspections. (14) Failure to remove unnecessary BMPs. ' In subsection 208.06, second paragraph, delete the first three sentences and replace with the following: The Engineer will immediately notify the Contractor in writing of each incident of failure to perform erosion control ' in accordance with the CDPS-SCP, including, but not limited to items (1) through (14) above. The Contractor will be allowed 48 hours, but correction shall be made as soon as possible from the date. of notification to correct the failure. The Contractor will be charged liquidated damages in the amount of $875 for each calendar day after the 48 hour period has expired, that one or more of the incidents of failure to perform the requirements of CDPS-SCP, ' including, but not limited to items (1) through (14) above, remains uncorrected. 11 December 23, 2008 ' 10 REVISION OF SECTIONS 101, 107, AND 208 WATER QUALITY CONTROL When a failure may endanger health or the environment, consists of a spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state, or consists of a discharge of stormwater which may cause an exceedance of a water quality standard, the Engineer may issue a Stop Work Order in accordance with subsection 105.01. If all failures are not corrected within 48 hours after liquidated damages have begun to be assessed, the Engineer may issue a Stop Work Order in accordance with subsection 105.01. Work shall not resume until the Engineer has approved a written corrective action plan submitted by the Contractor that includes measures to prevent future violations and a schedule for implementation. If the Contractor's corrective action plan rand schedule are not submitted and approved within 48 hours of the Stop Work Order or the corrective action plan is not implemented by the Contractor, the Engineer will have an immediate on -site meeting with the Superintendent and the Superintendent's supervisor. This meeting will also be attended by the Resident Engineer, the Region Water Pollution Control Manager, and the Region Program Engineer. This meeting will identify and document needed corrective actions and a schedule for completion. If after the meeting, the unacceptable work is not remedied within the schedule as agreed to in the meeting, the Engineer will take action to effect compliance.with the CDPS-SCP by utilizing maintenance or other non - Contractor forces and deduct the cost from any moneys due onto become due to the Contractor pursuant to subsection 105.16. The Stop Work Order shall be in place until the project is in CDPS-SCP compliance. If the Contractor remains non -responsive to requirements of the on -site meeting, the Engineer will start default and Contract termination procedures in accordance with subsection 108.09. CDOT will proceed with corrective or disciplinary action in accordance with the Rules for Prequalification, Debarment, Bidding and Work on Transportation, Road, Highway and Bridge Public Projects. Add subsection 208.061 immediately following subsection 208.06 which'shall include the following: 208.061. Items to Be Accomplished prior to Final Acceptance. After concrete operations are complete, washout areas shall be reclaimed in accordance with subsection 208.05(n) at the Contractor's expense. Prior to final acceptance, a final walk through of the project shall occur with the Engineer, CDOT Landscape Architect, CDOT Region Environmental personnel, the Region Water Pollution Control Manager, CDOT Hydraulics Engineer, and CDOT Maintenance personnel in attendance. At this time final stabilization shall be reviewed and BMPs shall be inspected for needed cleaning, maintenance, or removal., Areas will be inspected for any additional BMPs that may be required. Permanent BMPs shown in the construction plans shall be inspected to confirm that as constructed location, condition and other plan requirements have been met. The required work shall be performed in accordance with subsection 105,20. BMPs shall be removed when 70% of pre-existing vegetative cover has been re-established within the disturbed project limits. BMPs subject to removal shall be' determined at the final walk through of the project. The Contractor shall remove approved BMPs; cost of BMP removal will be included in the BMP. Upon completion of work required by walk through the ECS will modify the SWMP to provide. an accurate depiction of what remains on the project site. In subsection 208.07 delete the sixth and seventh paragraphs and replace with the following: Erosion Control Supervisor will be measured by the one of the following two methods shown on the bid schedule: (1) The total number of hours the ECS is required to be on the project performing the duties outlined in subsection 208.03(c) specific to this project. Commute time will not be measured and paid for separately, but shall be included in the work. The Contractor sh•all..record the tasks that were assigned to the Erosion Control Supervisor and the hours that were required to complete each task. The records shall be submitted to the Engineer weekly, after completion of the work, for approval and acceptance., December 23, 2008 11 REVISION OF SECTIONS 101, 107, AND 208 WATER QUALITY CONTROL (2) The total number of authorized 24 hour days used for erosion control services specific to this project. An authorized 24 hour day of ECS will be every calendar day that the ECS is required to be on the project performing the duties outlined in subsection 208.03(c). The Contractor shall record the tasks that were assigned to the Erosion Control Supervisor. The records shall be submitted to the Engineer, weekly, after completion of the work, for approval and acceptance. Excavation required for removal of accumulated sediment from traps, basins, areas adjacent to silt fences and erosion bales, and other clean out excavation of accumulated sediment, and the disposal of such sediment, will be measured by the number of hours that equipment, labor, or both are used for sediment removal. In subsection 208.08 delete the pay item Sediment Removal and Disposal and the pay item for Erosion Control Supervisor (Lump Sum), and replace them with the following: Pay Item Pay Unit ' Removal and Disposal of Sediment (Labor) Hour Removal and Disposal of Sediment (Equipment) Hour Erosion Control Supervisor Hour Erosion Control Supervisor Day ' Subsection 208.08 shall include the following: Payment for Removal and Disposal of Sediment (Equipment) will be full compensation for use of the equipment, ' including the operator. Payment for Erosion Control Supervisor will be full compensation for the erosion control supervisor and all materials and equipment necessary for the ECS to perform the work: Payment will be made for erosion and sediment control devices replaced as approved by the Engineer. In subsection 208.08, the third paragraph shall include the following: Removal and Disposal of Sediment from the stabilized construction entrance will be measured and paid for separately. August 1, 2005 , 1 REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS Section 104 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 104.07 and replace with the following: 104.07 Value Engineering Change Proposals by the Contractor. The Contractor is encouraged to develop and offer proposals for improved construction techniques, alternative materials and other innovations. Proposals must provide a project comparable to the CDOT's original design either at lower cost or improved quality, or both. No proposals will be accepted that lowers the quality of the intended project. Bid prices shall not be based on the anticipated approval of a Value Engineering Change Proposal (VECP). Proposals shall be submitted only by the successful bidder after contract award. If a VECP is rejected, the work shall be completed in accordance with the Contract at contract bid prices. Any delay to the project due to a VECP submittal and review shall be considered within the Contractor's control and will be non -excusable with the exception of those delays that are approved as part of the VECP. Proposals shall be categorized as VECP (Category A) or VECP (Category B). VECP ,(Category A)s will be all proposals that involve the design and construction of a structure including but not limited to a bridge, retaining wall, concrete box culvert, or building. A VECP (Category A) will also include any proposal that would result in a change of original bid items that totals over $250,000. Alternatives investigated and not selected in the project Structural Selection Reports may be presented in a VECP, if significant benefits can be demonstrated to the Engineer. In addition, any design criteria and constraints listed in the Structural Selection Report can not be modified or relaxed as part of a VECP unless significant and previously unknown benefits can be proven to the Engineer. Experimental or demonstration -type design concepts, products, structures, or elements that have not been pre -approved by CDOT, in writing, for general use will be considered a VECP (Category A). Category A proposals will also result in a'realized and shared cost savings to. CDOT. Cost savings generated to the Contract as a result of VECP offered by the Contractor and accepted by the CDOT shall be shared between the Contractor and the CDOT. All other VECPs that do not meet the previous requirements will be classified as a VECP (Category B). Net cost savings on VECPs that are less than $25,000 can be kept by the Contractor. Net cost savings greater than $25,000 shall be split equally between the Contractor and CDOT as defined in the Basis of Payment section of this specification. Both VECP (Category A) and VECP (Category B) will produce savings to the CDOT or provide improved project quality without impairing essential functions and characteristics of the facility. Essential functions include but are not limited to: service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor may submit either a full VECP or a preliminary Conceptual VECP, followed by a full proposal. These proposals are subject to rejection at any time if they do not meet the criteria outlined in this subsection. (a) Submittal of Conceptual Proposal. For a VECP (Category A) that requires a significant amount of design or other development resources, the Contractor may submit an abbreviated Conceptual Proposal for preliminary evaluation. The Engineer will evaluate the information provided. The Contractor will then be advised in writing if any conditions or parameters of the Conceptual Proposal are found to be grounds for rejection. Preliminary review of a conceptual proposal reduces the Contractor's risk of subsequent rejection but does not commit the CDOT to eventual approval of the full VECP. The following information shall be submitted for each Conceptual Proposal: H August 1, 2005 2 REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS (1) Statement that the proposal is submitted as a Conceptual VECP (2) General description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor shall request in writing the necessary information from the Engineer. (3) One set of conceptual plans and a description of proposed changes to the Contract specifications (4) Estimate of the anticipated cost savings or increase (5) Statement specifying the following: {i) when a response to the conceptual proposal from the COOT is required to avoid delays to the existing contract prosecution Ili) the amount of time necessary to develop the full Proposal (lil) the date by which a Contract Modification Order must be executed to obtain maximum benefit from the Proposal (iv) the Proposal's impact on time for completing the Contract (b) Submittal of Full Value Engineering Change Proposal. The following materials and information shall be submitted for both a Category A and VECP (Category B): (1) A statement that the proposal is submitted as a VECP: (2) A description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements ,for planned future development, prior commitments to governmental agencies or the public; corridor requirements, economy of operation, ease and cost of maintenance, desired appearance, safety, and impacts to the traveling public or to the- environment during and after construction. . The Contractor shall request in writing the necessary information from the•Engineer. (3) A complete set of plans and specifications showing the proposed revisions relative to the original Contract. This portion of the submittal shall include design notes and construction details. The proposed plans and specifications shall be signed and sealed by the Contractor's Engineer. (4) A cost comparison, summarizing all of the items that the proposed VECP replaces, reduces, eliminates, adds, or otherwise changes from the original Contract work, including all impacts to traffic control, detours and all other changes. The cost comparison shall not include cost savings resulting from purportedly decreased inspection or testing requirements, or COOT overhead; All costs and proposed ' unit prices shall be documented by the Contractor. (5) A statement specifying the date by which a Contract Modification Order must be executed to obtain the maximum cost reduction during the remainder of the Contract and the date when a response from the ' COOT is required to avoid delays to the prosecution of the Contract. August 1, 2005 3 REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS (6) A statement detailing the effect the Proposal will have on the time for completing the Contract. (7) A description of any previous use or testing. of the proposed changes and the conditions and results. If the Proposal was previously submitted on another CDOT project, the proposal shall indicate the date, Contract number, and the action taken by the COOT. (8) An estimate of any effects the VECP will have on other costs to the CDOT. (9) A statement of life cycle costs, when appropriate. Life cycle costs will not be considered as part of cost savings but shall be calculated for additional support of the Proposal. A discount rate of four percent shall be used for life cycle calculations. (c) Evaluation. VECP will be evaluated by CDOT in accordance with the CDOT Construction Manual. Additional information needed to evaluate Proposals shall be provided in a timely manner. Untimely submittal of additional information will result in rejection of the Proposal. Where design changes are proposed, the additional information shall include results of field investigations and surveys, design and computations, and changed plan sheets required to develop the design changes. 1. The Engineer will determine if a Proposal qualifies for consideration and evaluation. The Engineer may reject any Proposal that requires excessive time or costs for review, evaluation, or investigation. The Engineer may reject proposals that are not consistent with the CDOT's design and criteria for the project. 2. VECP, whether or not approved by the CDOT, apply only to the ongoing Contracts referenced in the Proposal and .become the property of the CDOT. Proposals shall contain no restrictions imposed by the Contractor on their use or disclosure. The CDOT has the right to use, duplicate and disclose in whole or in part any data necessary for the utilization of the Proposal. The CDOT retains the right to utilize any accepted Proposal or part thereof on other projects without obligation to the Contractor. This provision is subject to rights provided by law with respect.to patented materials or processes. 3. If the CDOT is already considering revisions to the Contract or has approved changes in the Contract that are subsequently proposed in a VECP, the Engineer will reject the Proposal and may proceed to implement these changes without obligation to the Contractor. 4. The Contractor shall have no claim against the CDOT for additional costs or delays resulting from the rejection or untimely acceptance of a VECP. These costs include but are not limited to: development costs, loss of anticipated profits, increased material or labor costs, or untimely response. 5. Proposals will be rejected if equivalent options are already provided in the Contract. 6. Proposals that only reduce or eliminate contract pay items will be rejected. 7. The cost savings and other benefits generated by the Proposal must be sufficient to warrant review and processing, as determined by the Engineer. 8. A proposal changing the type or thickness of the pavement structure will be rejected. 9. No VECP proposal can be used to alter incentive and disincentive rates and maximums on A+B projects. . 1 r SEICTSON .00410 BID BUND KNOW 11Ll MEN BY TT-7rP , PRBSLNTS: Uiat we; thr undcrsigtic:cl Concrete Structures, Inn. arc Princip,a:l , and*'.as SureLy, are hereby hcl cl an'd fi.rnily bound unto the; CiLy of Fart Collins, C010rac•10, as OWNER, in Lhe r:um of ;: Five Percent** for tha payment of which; wc:77 and truly to be made, wr. 'l:r.roby 3oii-.tly and rj6vc:rej'll.y find oarselvprz, succossors, and assigns. THE (1070TTION of this . 0b.1i gati on . is. .such. Llwt whprnas the Priuc:ipal has ubmitt,-cl to ; iho City >F . Fort Collins, , Colorado the accompanying Eici and hereby m'aCie a pa:r1 hereof Lo enter.i ntc; a Cons Lruc:Lion Ag•rcamc:nt for Llie stipucLa,bii of l!'r_1,ins Projec;L, 70E33 ,]3ri.cl'ge Rclaa,'c�cemeril: - Whitcomb and Magnolia. NOW, TTTrRr.rOR,'; .. . (a} I? _r,, ici n .d shall- be rej.ecstc*d or. d- Bid, shall be accepted arid Lhe' Princ:i.pa•I • :;ha Ii-,% xec icLe alYtl cic,. i ivcr a Cbntract in.'!:}ic: rornn of Caiatract .hereto (giraper7.y c:camF;]etect in accordance with said• ilicl) and. shrill turn:ir^ a BONI) for his .faithfdl p;'rrScizManrn of said conLrac:L., 4nd 'FAT payment of all pprsnns perLortnillg ]:abcir or furni:ahi ncq maL•erials in connertion therewith' and f,,hal 1 in K11 oLlter . re,apeat:>> perform Lhe Agreemcnt •ctoated by .L'he naacptanc:e of said ni cl, them" Lhia 0b•1 i rgati can shall:be Vcsi.d; - otharwise . the :jante -nha IJ remain: in toted and afl6cL, it tieing . rxpressly ur�cTerstoocJ .and ag eed that tho liar?1, l i ty of Lhe surety '.tor' any. 'a,nd. Bill c aim.>.` hc-rcunder ' sha1J no ova nL, Creed the ponal amoutif -Of this obligation as :-herein stated. The SureL.y,.. for vdlue reue.ivc-d, hereby st.ipulai:c::s rand.' a.gree0 i:}naI. Lhc ab.l.I gat i:ons of • said: :9i]Tc:ty and . its,• 5010 . shal, I." lie. Lr1 110 way impaired of affeeLed. -by any extbrisivn• of the tiTn.C` •W:L'LIL'u which the. owNT;i2 uirty accept, shah 73ict; and saki S rr-ty loos hei zeby waive n6ti.cc of ally :Rue h ' ertonsion. Surely ' Cnmpani.as executing bond:, must. be authorit'c_r] .to Lransact. busi noss; in Lhe Slate Of C010riado rind be ac:ccptcd byv Lhe 0WNg1j. *Travelers Casualty and Surety Company of America **of the Amount Bid (5%) Rev 10/20/07 Sectiozi 00410. Page 1 August 1, 2005 A 4 REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS 10. Right of Way cannot be bought as part of a VECP to eliminate phasing on a project. 11. A VECP changing the design of a structure maybe considered by the CDOT, if the design meets the following conditions: (1) The design shall not involve detouring of traffic onto local roads or streets to an extent greater than the original plans, unless previously approved by the affected local agencies (2) The design has the same roadway typical section as the original plans (3) The design meets or exceeds the benefits of the construction -handling or traffic phasing scheme shown in the original plans ' (4) The design meets or exceeds all environmental commitments and permit requirements of the original Contract. (5) The design shall not increase environmental impacts beyond those of the original Contract. (6) The design meets or, exceeds. the vertical and horizontal clearances and hydraulic requirements shown in the original plans (7) The design has the same or greater flexibility as the original design to accommodate future widening (8) The design shall not change the location of the centerline of the substructure elements, without demonstrating substantial benefits over the original plans (9) The design shall not change the grade or elevation of the final riding surface, without demonstrating substantial benefits over the original plans ' (10) The design shall match corridor future development plans, architectural, aesthetic and pavement requirements, if applicable (11) The design shall not adversely impact the CDOT's Bridge Inspection, maintenance or other long- term costs or operations. ' (12) The design shall meet all CDOT design standards and policies (13) The design shall include all additional costs and coordination necessary to relocate utilities (14) Major structure designs provided by the Contractor shall include an independent plan review and ' design check by a Professional Engineer registered in the State of Colorado and. employed by a firm other than the engineer -of -record. This design review will be performed at no additional cost to CDOT and shall be included in the Contractor's engineering costs. (15) The Contractor shall provide CDOT with all design calculations, independent design check ' calculations, a rating package for each bridge prepared in accordance with the current CDOT Bridge Rating Manual, and a record set of quantity calculations for each structure. 12. The Engineer will reject all or any portion of the design or construction work performed under an approved VECP if unsatisfactory results are obtained. The Engineer will direct the removal of such rejected work and require construction to proceed under. the original Contract requirements without reimbursement for work performed under the proposal, or for its removal. If a structure design VECP meets these and all other requirements, the CDOT may, at its sole option, accept or reject the proposal. ' (d) Basis of Payment If the VECP is accepted, a Contract Modification Order will authorize the changes and payment. Reimbursement will be made as follows: 1 2. August 1, 2005 ' 5 REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS The changes will be incorporated into the Contract by changes in quantities of unit bid items, new agreed unit price items, lump sum or any combination, as appropriate,. under the Contract. Unless there is a differing site condition as described in subsection 104.02, the Contractor shall not receive additional compensation for quantity overruns, design errors, supplemental surveys, geotechnical investigations, additional items or other increases in cost that were not foreseen in the accepted VECP, unless otherwise approved by the Engineer. For all VECPs, the incentive payment shall be calculated as .follows: (gross cost of deleted work) - (gross cost of added work) = (gross savings) (gross savings) - (Contractor's engineering costs) - (CDOT's engineering costs) _ (net savings) Any net savings less than $25,000 can be kept by the contractor. If the net savings are greater than $25,000 then the amount over $25,000 will be shared equally with CDOT and calculated as follows: (net savings)- $25,000 = shared savings Contractor's total incentive = (shared savings) /2 + $25,000 The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. CDOT's engineering costs shall be actual consultant costs billed to CDOT and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $50.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in CDOT's portion of the cost. 3. At the completion of the VECP design work, the Contractor shall furnish the CDOT any additional documentation such as surveys, geotechnical reports, documentation or calculations and shop drawings required to complete the work. At the completion of the project, the Contractor shall furnish the CDOT with PE -stamped Record sets, and As -Constructed plans showing the VECP work. (e) Contractor Appeal Process. Appeals can only be made on VECP (Category A)s. The Prime Contractor submitting the VECP may file a one-time appeal to the Region Transportation Director (RTD) on the denial of any VECP (Category A). The Contractor must have a valid reason for the appeal and the decision of the Region Transportation Director will be final. F� 1 1 1 January 17, 2008 REVISION OF SECTION 105 CONFORMITY TO THE CONTRACT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.03 shall include the following, after the first paragraph: All Hot Mix Asphalt (HMA) materials or work will be evaluated for conformity to the Contract in accordance with subsection 105.05 except HMA that is used for patching and temporary pavement. In subsection 105.03 (c), delete the Table of Price Reduction Factors and replace with the following: TABLE OF PRICE REDUCTION FACTORS Element 100 percent size sieve Factor"F" 1 12.5 mm (W) sieve and larger 1 150 pm (No. 100) sieve to 9.5 mm (3/81) sieve inclusive (except 100 percent size sieve) 3 75 um (No. 200) sieve 6 75pm (No. 200) sieve (cover coat material) 25 Liquid Limit 3 Plasticity Index 10 Asphalt penetration 1 Asphalt residue 3 Portland Cement Concrete Pavement Fine Aggregate Sand Equivalent 0.3 Hydrated Lime Gradation 0.3 Toughness, inch -pounds, minimum 0.8 Tenacity, inch -pounds, minimum 0.8 Elastic Recovery,.25 °C, percent minimum .1.25 —Ductility, 4 °C 5cm/min) cm, minimum 1.25 In subsection 105.03 (c), delete the seventh paragraph, including the table of the multiplier for price reductions, and replace with the following: If the P for aggregate gradation for Items 206, 304, or the gradation of hydrated lime for item 403 is 3 or greater the reduction will apply to the contract price multiplied by the Multipliers (M) listed in the following table: MULTIPLIER FOR PRICE REDUCTIONS FOR MISCELLANEOUS ITEMS Item Number -Name Element Multiplier M 206- Structural Backfill Gradation 660 304-Aggregate Base Course Gradation 0.60 403-Hot Mix Asphalt". Hydrated Lime Gradation 0.60 " The P value for hydrated lime shall be applied to the price of the HMA item when asphalt cement is not paid for separately. Lime gradation P values will not be combined with Pay Factors for other elements. June 29, 2006 ' REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12 delete item (11) of the list following the first paragraph and replace with the following: (11)The following certification, signed by a person having legal authority to act for the Contractor: I hereby certify under penalty of perjury that the material listed in this Certificate of Compliance represents (quantity and units) of pay item (pay item number and Description) that will be installed on project number Contractor Date In subsection 106.12, delete the second paragraph and replace with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above, and the original signature (including corporate title), under penalty of perjury, of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy or facsimile of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. Failure to comply may result in delays to the project or rejection of the materials. In subsection 106.13, delete item (11) of the list following the first paragraph and replace with the following: (11)The following certification, signed by a person having legal authority to act for the Contractor: I hereby certify under penalty of perjury that the material listed in this Certified Test Report represents (quantity and units) of pay item (pay item .number and Description) that will be installed on project number Contractor Date In subsection 106.13, delete the second paragraph and replace with the following: The original Certified Test Report shall include the Contractor's original signature as directed above, and the original signature (including corporate title), under penalty of perjury, of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project -has been sampled and tested, and the samples have passed all specified tests, One copy or facsimile of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. The original shall.be provided to the Engineer before payment for the represented item will be made. Failure to comply may result in delays to the project or rejection of the materials. 711� April 30, 2009 1 REVISION OF SECTIONS 106 AND 601 ' CONCRETE SAMPLING AND PUMPING Sections 106 and 601 of the Standard.Specifications are hereby revised for this project as follows: ' In subsection 106.03, delete the fifth paragraph and replace with the following: Samples will be taken by the Department except that the Contractor shall take samples of Portland Cement Concrete in accordance with CP 61; samples of asphalt cement, in accordance with AASHTO T 40; hot mix asphalt, in accordance with CP 41 and a composite of aggregates for hot bituminous mixtures, in accordance with CP 30. The Engineer will determine the sampling locations, and the samples shall be taken in the presence of the Engineer. The Contractor may retain a split of each sample. Delete subsection 601.08 and replace with the following:. 601.08 Air Content Adjustment. When a batch of concrete delivered to the project does not conform to the minimum specified air content, an air entraining admixture conforming to subsection 711.02 may be added in accordance with subsection 601.17. After the admixture is added, the concrete shall be re -mixed for a minimum of 20 revolutions of the mixer drum at mixing speed. The concrete will then be re -tested by QC. Subsection 601.12(d) shall include the following: The Contractor shall not use pipes, chutes, troughs, spouts, or tremies that are fabricated of aluminum materials for pumping, conveying, or placing concrete. ' Subsection 601.12(g) shall include the following: When concrete is placed by pumping, the pumping equipment shall be thoroughly cleaned prior to concrete placement. Excess form release agent shall be removed from the hopper. The pump shall be primed at the Contractor's expense by pumping and discarding enough concrete to produce a uniform mix exiting the pump. At least 0.25 cubic yard of concrete shall be pumped and discarded to prime the pump. Water shall not be added directly into the concrete pump hopper after placement has commenced. If water is added to the concrete pump ' hopper, all concrete in the concrete pump hopper and the line shall be discarded and the pump re -primed at the Contractor's expense. The pump operator shall have a valid operator's certification from the American Concrete Pumping Association, or approved equal. Boom pumps shall have a documented current inspection as required by ASME B30.27. Equipment added to the pump shall meet the pump manufacturer's specifications. The Contractor shall submit the specifications of the pumping equipment and the qualifications of the operator to the Engineer for review at least two weeks prior to pumping concrete. Equipment and operators rejected by the Engineer shall be replaced at the Contractor's expense. The pump shall be operated so that a continuous stream of concrete is produced. The pump equipment shall use a minimum of one of the following to maintain concrete uniformity: (1) A 360 degree loop immediately prior to the delivery end of the pump line. (2) A minimum one inch reducer installed at the entry to the delivery hose. (3) A minimum one inch reducing delivery hose. (4) A cable attached to the pump boom creating a minimum 90 degree bend in the steel braded flexible hose. The point of discharge from the flexible hose at the end of the boom shall be at or above the lowest point of the bend. (5) On horizontal pours a 10-foot minimum horizontal delivery system placed on the deck. (6) Other approved methods. 1 HI April 30, 2009 2 REVISION OF SECTIONS 106 AND 601 CONCRETE SAMPLING AND PUMPING Metal pump lines or couplings shall not rest directly on epoxy coated reinforcing steel. The point of discharge of the pump shall be as close to the bridge deck elevation as possible. Subsection 601.17 shall include the following: The Contractor shall sample 601 pay items for both QC and QA in accordance with CP 61. The Engineer will witness the sampling and take possession of the QA samples at a mutually agreed upon location. Delete subsection 601.17(a) and replace with the following: (a) Air Content. The first three batches at the beginning of production shall be tested by QC and QA for air content. When air content is below the specified limit, it may be adjusted in accordance with subsection 601.08. Successive batches shall be tested by QC and witnessed by the Engineer until three consecutive batches are within specified limits. After the first three batches, CDOT will follow the random minimum testing schedule. Air content shall not be adjusted after a QA test. At any time during the placement of the concrete, when a QA test on a batch deviates from the minimum or maximum percent of total air content specified, the following procedure will be used to analyze the acceptability of the concrete. 1. A batch that deviates from the specified air content by more than 1 percent and all Class D, DT, HT and H concrete placed in bridge decks with air content exceeding 8 percent will be rejected. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to acceptance at reduced price, no payment, or removal as determined by the Engineer. H 11 I. 2. A batch that deviates from the specified air content by 1 percent or less may be accepted at a reduced , price using Table 601-3. ' April 30, 2009 1 ' REVISION OF SECTION 107 PROJECT SAFETY PLANNING Section 107 of the Standard Specifications is hereby revised for this project as follows: ' Delete subsection 1.07.06 and replace with the following: 107.06. Safety, Health, and Sanitation Provisions. ' (a) Contractor Responsibilities. The Contractor shall ensure compliance with applicable Federal, State, and local laws, rules, regulations, and guidelines governing safety, health and sanitation, including but not limited to the ' Project Safety Management Plan (Plan) described below, the Occupational Safety and Health Act, 29 CFR 1910, 29 CFR 1926, 23 CRF 634, Mine Safety and Health Administration (MSHA), Title 30 CFR, the "Colorado Work Zone Best Practices Safety Guide", national consensus standards, and the Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle.D, 41 USC 701 et seq.)..The Contractor shall provide all safeguards, ' safety devices, and protective equipment, and shall take all other actions necessary to protect the life, safety and health of.persons working at or visiting the project site, and of the public and property in connection with the performance of the work covered by the Contract. In the case of conflicting requirements, the more stringent of the requirements shall apply. The Contractor shall require that all operations and work practices by ' Contractor, subcontractors, suppliers, and Department personnel comply with the provisions of the Plan. (b) Safety Officer. Prior to the start of construction, the Contractor shall designate a Safety Officer and an alternate, who shall be responsible for the coordination of safety activities, and preparation and implementation ' of the Plan. (c) Competent Persons. Prior to the start of construction, the Contractor shall designate at least one competent person for each of the construction activities being completed. Construction activities and safety considerations ' that must be addressed shall include, but are not limited to: lead abatement, hearing protection, respiratory protection, rigging, assured grounding, scaffolding, fall protection, cranes, trenching and excavating, steel erection, underground construction (including caissons and cofferdams), demolition, blasting and the use of explosives, stairways and ladders, asbestos, and confined space. The appropriate competent persons shall be ' present on the project site at all times during construction activities. A competent person is an individual who, by way of training, experience, or combination thereof, is knowledgeable of applicable standards, is capable of identifying existing and predictable workplace hazards relating to a specific construction activity, is designated by the employer, and has authority to take appropriate actions. (d) Project Safety Management Plan. Prionto the start of construction, the Contractor shall prepare.a written Project Safety Management Plan (Plan) which shall be specific to the project. The Plan shall include: (1) Designation of a Safety Officer and an alternate, and competent persons for each construction activity as described above. (2) A list;of.all significant and/or high -risk construction activities and safety considerations as described ' above, and a hazard assessment for each. (3) Direction as to whether engineering, administrative, personal protection measures, training, or a combination thereof, shall be implemented to address the hazards identified in (2) above. (4) Provisions for field safety meetings. The Contractor shall conduct field safety meetings at the frequency ' specified in the Plan, once per week at a minimum. The Contractor shall encourage participation by all persons working at the project site. Participants at these meetings shall discuss specific construction activities for that work period, results from safety inspections, .required -personal protective equipment, and all other necessary safety precautions. (5) Provisions for project safety meetings. The Contractor shall conduct project safety meetings to discuss accidents, incidents, safety goals, near misses, and results of safety inspections. The Contractor shall notify the Engineer of the time, date, and location of these meetings, shall require participation by all persons (including Department personnel) working at the project site, and shall track attendance through sign-up lists: (6) Procedures'for assuring compliance by subcontractors, suppliers, and authorized visitors to the. project. In addition, the Plan shall specify the measures that will be taken to discourage unauthorized personnel from entering the site. CI�� April 30, 2009 2 REVISION OF SECTION 107 PROJECT SAFETY PLANNING (7) Procedures to be followed in cases where workers are suspected of drug or alcohol impairment. (8) Provisions for project safety inspections. The Contractor shall conduct regular project safety inspections at the frequency specified in the Plan, once per month at a minimum. The Contractor shall maintain documentation on the project site, including the date of these inspections, the findings, and the corrective measures taken to address the findings. (9) Procedures to be followed to correct violations of the Plan by any personnel. (10) The notification, investigation, and implementation procedures that the Contractor shall follow in the case of a safety stand down. (11) The Contractor's certification as follows: By authorized signature below, (Contractor name)., hereinafter referred to as 'the Contractor'; hereby certifies that this Project Safety Management Plan (Plan) complies with and meets applicable Federal, State, and local laws, rules, regulations and guidelines governing safety, health and sanitation, including but not limited to the Occupational Safety and Health Act,'29 CFR 1910, 29 CFR 1926, Mine Safety and Health Administration (MSHA), Title 30 CFR, the "Colorado Work Zone Best Practices Safety Guide", national consensus standards, and the Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).. All operations and work practices of the Contractor will comply with this Plan. The Contractor requires that all subcontractors, suppliers and Department personnel comply with this Plan. (Signature of Contractor's Safety Officer or alternate) Title Date The Contractor shall submit the Plan to the Engineer for the project records, and shall provide updates to the Plan as necessary. An up-to-date copy of the Plan shall be on the project site in the Contractor's possession at all times. (e) Project Safety & Hea/th.Requirements. All personnel on the project site shall wear the following personal protective equipment (PPE) at all times when in the Highway Right of Way, except when in their vehicles: (1) Head protection and high visibility apparel; reflectorized for night use, and footwear, all of which shall comply with the latest appropriate national consensus standards. (2) All other PPE that. is stipulated by the Plan. All PPE shall comply with the latest appropriate national consensus,standards. (f) Safety Stand -Down. The Engineer may immediately suspend all or part of any work in the case of an accident (including property damage), or catastrophe (three or, more persons hospitalized in a single incident), or other situation presenting an imminent danger to life or health, such as a. near -miss; violation of the- Plan; and/or presence of a hazardous situation. In the case of a worksite fatality directly related to the Contractor's or any subcontractor's work operations, the safety stand -down shall be mandatory. In the case of a traffic fatality unrelated to a work -zone incident in the opinion of the Engineer, the safety stand -down will not be mandatory. During any mandatory safety stand -down due to a fatality, all work on the project shall cease, except that work deemed necessary by the Engineer to immediately correct unsafe conditions. The Contractor.shall be allowed to resume operations only after providing documentation, certified by the Safety Officer or alternate, regarding the corrective actions taken to prevent recurrence. The Contractor may be granted a non-compensable,, excusable delay, up to three days, for the period of time during which no work was pursued due to each safety stand -down. a April 30, 2009 3 REVISION OF SECTION 107 PROJECT SAFETY PLANNING (g) Regulatory Enforcement Actions. The Contractor. shall provide written notifications of all Regulatory agency actions relating to safety to the Engineer. All costs associated with the preparation and implementation of the Plan, and complying with all safety, health, and sanitation provisions and requirements will not be measured and paid for separately, but shall be included in the work. REVISION OF SECTION 107 TON -MILE TAX Section 107 of the Standard Specifications is hereby revised for this project as follows: In subsection 107.02, delete the third paragraph. April 12, 2007 0 I I 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 I I I I I I I I I r] I I I .1 I I IN W ' IT!4ESS­WHBRr,0r, 'the Pilnuij)al an(i the Swrnty have hexeun . to -et. thnir hands and seals Ulit, 21st clayof October. 2009;.- and - such fil as a-(, cornorations have Caused thniT corporttLe, to kip hf-x"ri-b affixed and theq f, prvmt-rft..7 Lo be Signed by tfmir- ]prupor':3 otficet, theft' dray ft . lid year Ifirst v Zu.rth a bovin siTMTY Name Concrete Structures, Inc. Traveler-8 Casualty and Surety Company of America Address". 4325 Hilltop Road One Tower.Square* 40n,crmon-t-GO 80504 ,;:;z �'*rtford,:-'CT 06 BY, .13y: -Titze -'Sus6n. dio, A WI, --ATIXEI —"I 4`1 % '41 (s B11L) Rev 1=0/07 Se-olUon 00dIC Page 2 I ' January 17, 2008 1 ' REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS Section 109 of the Standard Specifications is hereby revised for this project as follows: ' In subsection 109.10 delete the first paragraph and replace with the following: 9 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.21, 105.22, 105.23, or 108.07, monetary compensation will be determined in accordance with this subsection. ' Delete subsection 109.10(a) and replace with the following: (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories iof costs are not recoverable: . (1) Actual wages and benefits, including FICA, paid for additional non -salaried labor; (2) Costs for additional bond, insurance and tax; ' (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment; ' (5) Costs of extended job site overhead; (6) Salaried employees assigned to the project; (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims); ' (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. 1 REVISION OF SECTION 109 FUEL COST ADJUSTMENT June 5, 2009 , Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: (h) Fuel Cost Adjustments. Contract price adjustments will be made to reflect increases or decreases in the monthly average prices of gasoline, diesel and other fuels from the average prices for the month preceding the month in which bids were received for the Contract. When bidding, the Contractor shall specify on the Form 85 whether the price adjustment will apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the price adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the adjustment will be made in accordance with the following criteria: 1. Price adjustments will be based on the fuel price index established by the Department and calculated as .shown in subsection 109.06(h)2.D below. The index will be the monthly average of the rates posted by the Oil Price Information Service (OPTS) for Denver No. 2 Diesel. The rate used will be the OP1S Average taken from the OPIS Standard Rack table for Ultra -Low Sulfur w/Lubricity Gross Prices (ULS column), expressed in dollars per gallon and rounded to two decimal places. 2. Price adjustments will be made on a monthly basis with the following conditions: A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for the following pay items for which fuel factors have been established: Item Fuel Factor FF 202-Removal of Asphalt Mat (Planing) 0.006 Gal/SY/Inch depth 203-Excavation (muck, unclassified), Embankment, Borrow, 0.29 Gal/CY 203-Excavation (rock) 0.39 Gal/CY . 206-Structure Excavation and Backfill [applies only to quantities 0.29 Gal/CY paid for by separate bid item; no adjustment will be made for pay items that include structure excavation & backfill, such as RCP(CIP)] 304-Aggregate Base Course (if ABC is paid for by the CY) (if 0.85 Gal/CY ABC is paid for by the ton, convert to CY by multiplying the quantity in tons by 0.557) 307-Lime Treated Subgrade 0.12 Gal/SY 310-Full Depth Reclamation 0.06 Gal/SY 403-Hot Mix Asphalt (HMA) 2.47 Gal/Ton 403-Stone Mastic Asphalt 2.47 Gal/Ton 405-Heating and Scarifying Treatment 0.44 Gal/SY 406-Cold Bituminous Pavement Recycle 0.01 Gal/SY/Inch depth 412-Portland Cement Concrete Pavement 0.03 Gal/SY/Inch thickness B. A price adjustment will be made only when the current fuel price index varies by more than 5 percent from the price index at the time of bid, and only for that portion of the variance in excess of 5 percent. Price adjustments may be either positive or negative dollar amounts. C. No fuel price adjustments will be made for any partial estimate falling wholly after the expiration of contract time. 2 June 5, 2009 1 REVISION OF SECTION 109 FUEL COST ADJUSTMENT D. Adjustment formula: EP greater than BP: FA = (EP —1.05 BP)(Q)(FF) ' EP less than BP: FA = (EP — 0.95 BP)(Q)(FF) Where: BP = Average fuel price index for the calendar month prior to the calendar month in which bids are opened EP = Average fuel price index for the calendar month prior to the calendar month in which the partial estimate pay period ends ' FA = Adjustment for fuel costs in dollars FF = Fuel usage factor for the pay item Q . = Pay quantity for the pay item on the monthly partial pay estimate Note: When the pay item is based on area, and the rate of fuel use varies with thickness, Q should be determined by multiplying the area by the thickness. For example: for 1000 square yards of 8-inch concrete pavement Q should be 8000. ' Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1 through June 30. For an estimate cut-off date selected by the Contractor at the Pre- . Construction Conference of the 201h of the month a February estimate will include HMA ' quantities measured from the 215` of January through the 20th of February, and the EP index used to calculate ACCA will be the average of the daily postings for January 1 through January 31 as established by CDOT) 1 E. No adjustment will be allowed for the quantity of any item that is left in place at.no pay. The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No ' adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate adjustments for all types of fuels used, including but not limited to gasoline, diesel, propane, and burner fuel. No additional adjustments will be made for any type of fuel. 1 Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. August 1, 2005 1 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, following paragraph 15, add the following: The Engineer will randomly verify the accuracy of the certified weigher on every project where the weights are manually entered on the scale ticket. This verification will consist of at least one comparison check on the project. Additional verification checks may be required as determined by the Engineer. The Engineer will randomly select a loaded truck after the truck has been issued a scale ticket by the certified weigher. The loaded truck will then be reweighed, in the presence of the Engineer, on the same scale and the weight compared with the weight on the scale ticket. Reweighed loads shall be within the tolerance of 200 pounds plus or minus. The Engineer will also verify the accuracy of computerized scales. Computerized scales are scales that automatically print weights on the scale ticket. This verification will consist of at least one comparison check when the project requires more than 2500 tons of material to be weighed. This comparison check shall be made by reweighing a loaded vehicle. The Contractor shall either provide a second certified scale or select a second certified scale in the vicinity to be used for the comparison check. Comparison checks shall be performed using the following procedures: (1) Hopper Scale. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be weighed on a certified platform scale to record the gross weight. The truck shall be unloaded and weighed again on the same scale to record the tare weight. The tare weight shall be subtracted from the gross weight and compared against the net weight recorded on the scale ticket. (2) Platform Scales. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be reweighed on a second certified scale and the gross weight shall be compared against the gross weight on the first scale ticket. Should a comparison check reveal a weight difference of more than one percent, a second comparison check shall be performed immediately. If the weight differences of both comparison checks exceed the one percent limit, the Contractor shall immediately stop weighing and the scale shall be recertified and resealed at the Contractor's expense. The necessary adjustments as indicated by the recertification will be made to all scale tickets issued since the last certification or on the entire project, whichever occurred later, unless the Contractor demonstrates to the satisfaction of the Engineer that the defect in the scale was present for a lesser period of time. If it is necessary to recertify a scale, and more than 2500 tons of material remain to be weighed, another scale comparison check shall be made. All comparison checks shall be made at the Contractor's expense. ' November 30, 2006 REVISION OF SECTION 601 FORMS AND FALSEWORK Section 601 of the Standard Specifications is hereby revised for this project as follows: ' Subsection 601.09 (b) shall include the following: Forms for the placement of deck concrete or other concrete work associated with structural steel girders shall be constructed so that any concentrated loads applied to girder webs shall be within 6 inches of a flange or stiffener. Where loads are applied to steel girder webs, they shall be applied in a manner that will not produce distortion to the web. ' For structural steel girders, temporary struts and ties shall be provided as necessary to resist, lateral loads applied to the girder flanges and to prevent appreciable relative movement between the edge of deck form and the adjacent steel girder. In subsection 601.11 (a), delete the first three paragraphs and replace with the following: (a) Genera/. The Contractor shall be responsible for designing and constructing falsework. The Contractor's Engineer shall determine whether falsework is necessary. When the Contractor's Engineer determines falsework is unnecessary, the Contractor shall submit a written statement signed by the Contractor's Engineer so stating. All falsework drawings, including revisions, shall be prepared by the ' Contractor's Engineer, shall meet the requirements of subsection 601.11, and shall be provided by the Contractor to the Engineer for record purposes only. The drawings shall be signed and sealed by the Contractor's Engineer. These drawings shall be stamped "Approved for Construction" and signed by the Contractor prior to providing them to the Engineer. The drawings will not be approved by the Engineer. ' In subsection 601.11 d ( ), delete the second and third paragraphs and replace with the following: ' Falsework and formwork for the placement of deck concrete or other concrete work associated with structural steel girders shall be constructed so that any concentrated loads applied to girder webs shall be within 6 inches of a flange or stiffener. Where loads are applied to steel girder webs, they shall be applied in a manner that will not produce distortion to the web. ' For structural steel girders, temporary struts and ties shall be provided as necessary to resist lateral loads applied to the girders and to prevent movement between adjacent steel girders. Where the deck overhang exceeds 1/3 of ' the distance between steel girders, bracing shall be provided to prevent rotation of the exterior girder due to the weight of the overhang falsework and formwork and concrete placement operations. Struts and ties shall also be provided between interior steel girders to prevent movement between girders. Falsework drawings for bracing, struts, and ties shall be submitted and conform to the requirements of subsection 601.11 (a). 11 7 L April 12, 2007 REVISION OF SECTIONS 601, 606, 608, 609, AND 618 I CONCRETE FINISHING Sections 601, 606, 608, 609, and 618 of the Standard Specifications are hereby revised for this project as follows: ' Subsection 601.12 (a) shall include the following: Unless otherwise specified, hand finishing methods will be permitted only when performed under the direct supervision of a Craftsman holding the, following certificate: ACI Concrete Flatwork Finisher and Technician ' (ACICFFT) or other Flatwork Finisher certification program approved by the Department. A minimum of one certified Craftsman is required at each finishing operation. A minimum of one certified Craftsman is required for each three or fewer finishers (non -certified ACICFFTs) at each operation. ' Subsection 601.14(a) shall include the following: The finishing of hardened concrete surfaces shall not require a certified Concrete Flatwork Finisher as described in subsection 601.12(a). ' Subsection 606.04(a), second paragraph, shall include the following: When hand finishing is allowed, it shall be performed under the supervision of a certified Concrete Flatwork Finisher in conformance with revised subsection 601.12(a). Subsection 606.04(b), first paragraph, shall include the following: ' All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in conformance. with revised subsection 601.12(a). Subsection 608.03(d), first paragraph, shall include the following: ' All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in ' conformance with revised subsection 601.12(a). Subsection 609.03 shall include the following: All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in I conformance with revised subsection 601.12(a). Subsection 618.11(f), first paragraph, shall include the following: ' All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in conformance with revised subsection 601.12(a). IJ 1 REVISION OF SECTIONS 601 AND 701 STRUCTURAL CONCRETE Sections 601 and 701 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 601.02 and replace with the following: April 30, 2009 601.02 Classification. The classes of concrete shown in Table 601-1 shall be used when specified in the Contract. Table 601-1 CONCRETE TABLE Concrete Class Required Field Compressive Strength (psi)or Cementitious Content: Minimum Range Ibs/ d3 Air Content: % Range Total Water Cementitious Ratio: Maximum or Range B 4500 at 28 days N/A 5-8 0.45 BZ 4000 at 28 days 610 N/A 0.45 D 4500 at 28 days 615 to 660 5 — 8 0.45 DT 4500 at 28 days 700 5-8 0.44 E 4200 at 28 days 660 4-8 0.44 H 4500 at 56 days 580 to 640 5-8 0.38 - 0.42 HT 4500 at 56 days 580 to 640 5-8 0.38 - 0.42 P 4200 at 28 days 660 4-8 0.44 S35 5000 at 28 days . 615 to 720 5-8 0.42 S40 5800 at 28 days 615 to 760 5-8 0.40 S50 7250 at 28 days 615 to 800 5-8 0.38 Class B concrete is an air entrained concrete for general use. Class D, H or P concrete may be substituted for Class B concrete. Additional requirements are: The coarse aggregate shall have a nominal maximum size of 11/2 inches or smaller. Class BZ concrete is concrete for drilled piers. Additional requirements are: Entrained air is not required unless specified in the Contract. When entrained air is specified in the Contract, the air content shall be 5-8 percent. High range water reducers may be added to obtain desired slump and retardation. Slump shall be a minimum of 5 inches and a maximum of 8 inches. The concrete mix shall be made with AASHTO M 43 size No. 67, No. 7 or No. 8 coarse aggregate. Class D concrete is a dense medium strength structural concrete. Class H may be substituted for Class D concrete. Additional requirements are: An.approved water reducing admixture shall be incorporated in the mix. The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6 or No. 67 coarse aggregate. When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of total aggregate. Class DT concrete may be used for deck resurfacing and repairs. Class HT may be substituted for Class DT concrete. Additional requirements are: Ari approved water reducing admixture shall be incorporated in the mix. The concrete mix shall consist of a minimum 50 percent.AASHTO M 43 size No. 7 or No. 8 coarse aggregate by weight of total aggregate. Class E concrete may be used for fast track pavementsneeding early strength in order to open a pavement to ' service soon after placement. Additional requirements are: Type III cement may be used The concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 357 or No. 467 coarse aggregate by weight of total aggregate. If all transverse joints are doweled, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 357, or No. 467 coarse aggregate by weight of total aggregate. The laboratory trial mix shall produce a minimum average 28 day flexural strength of 650 psi. Class E concrete shall contain a minimum of 10 percent pozzolan by weight of total, cementitious material. April 30, 2009 2 REVISION OF SECTIONS 601 AND 701 STRUCTURAL CONCRETE Class H concrete is used for bare concrete bridge decks that will not receive a waterproofing membrane. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The concrete mix shall consist of a minimum of 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of total aggregate. Class H concrete shall contain zementitious materials in the following ranges: 450 to 500 pounds per cubic yard Type II portland cement, 90 to 125 pounds per cubic yard fly ash and 20 to 30 pounds per cubic yard silica fume. The total content of Type II portland cement, fly ash and silica fume shall be 580 to 640 pounds per cubic yard. The laboratory trial mix must not exceed permeability of 2000 coulombs at 56 days (ASTM C 1202) and,must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO T334). Class HT concrete is used as the top layer for bare concrete bridge decks that will not receive a waterproofing membrane. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The concrete mix shall consist of a minimum of 50 percent AASHTO M 43 size No. 7 or No. 8 coarse aggregate by weight of total aggregate. Class HT concrete shall contain cementitious materials in the following ranges: 450 to 500 pounds per cubic yard Type II portland cement, 90 to 125 pounds per cubic yard fly ash and 20 to 30 pounds per cubic yard silica fume. The total content of Type II portland cement, fly ash and silica fume shall be 580 to 64.0 pounds per cubic yard. The laboratory trial mix must not exceed permeability of 2000 coulombs at 56 days (ASTM C 1202) and must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO T334). Class P concrete is used in pavements. Additional requirements are: The concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 357 or No. 467 coarse aggregate by weight of total aggregate. If all transverse joints are doweled, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 357, or No. 467 coarse aggregate by weight of total aggregate. The laboratory trial mix shall produce a minimum average 28 day flexural strength of 650 psi. Class P concrete shall contain a minimum of 10 percent pozzolan by weight of total cementitious. If acceptance is based on flexural strength, the total weight of cementitious shall not be less than 520 pounds per cubic yard. Class S35 concrete is a dense high strength structural concrete. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of total aggregate. Class S40 concrete is a dense high strength structural concrete. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate. Class S50 concrete is a dense high strength structural concrete. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of -total -aggregate. The laboratory trial mix must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO T334). ' 3 April 30, 2009 REVISION OF SECTIONS 601 AND 701 ' STRUCTURAL CONCRETE Subsection 601.04 shall include the following: ' 601.04 Sulfate Resistance. The Contractor shall provide protection against sulfate attack on concrete structures and pavements by providing concrete manufactured with requirements according to Table 601-4. The sulfate exposure for all concrete shall be Class 2 unless otherwise stated on the plans. A higher level of requirements may be used for a lower level of exposure. . If the Contractor can provide a test report that shows another class of exposure exists at a structure location th the Engineer may accept a concrete mix for that location that meets the corresponding sulfate protection en requirements in addition to other requirements shown in this section. ' Table 601-4 REQUIREMENTS TO PROTECT AGAINST DAMAGE TO CONCRETE BY SULFATE ATTACK FROM EXTERNAL SOURCES OF SULFATE Severity of Water-soluble=ratio,Cementitious sulfate sulfate (SO4) in Sulfatementitious exposure dry soil, percent, watemaximummaterial requirements Class 0 0.00.to 0.100 t0.45 Class 0 Class 1 0.11 to 0.20 151 t0.45 Class 1 Class 2 0.21 to 2.00 1501 t0.45 Class 2 Class 3. 2.01 or reater 10,001 0.40 Class 3 ' Cementitious material requirements are as follows: ' Class 0 requirements for sulfate resistance shall be one of the following: (1) ASTM C 150 Type I, II or V (2) ASTM C 595 Type IP, IP(MS) or IP(HS) (3) ASTM C 1157 Type GU, MS or HS (4) ASTM C 150 Type III cement if it is allowed, as in Class E concrete Class 1 requirements for sulfate resistance shall be one of the following: . (1) ASTM C 150 Type II or V; Class C fly ash shall.not be substituted for cement ' (2) ASTM .0 595 Type IP(MS) or IP(HS); Class C fly ash shall not be substituted for cement. (3) ASTM C 1157 Type MS or HS; Class C fly ash shall not be substituted for cement. (4) When ASTM C 150 Type III cement is allowed, as in Class E concrete, it shall have no more than 8 percent C3A. Class C fly'ash shall not be substituted for cement ' Class 2 requirements for sulfate resistance shall be one of the following: (1) ASTM C 150 Type V with a minimum of a 20 percent substitution of Class F fly ash by weight (2) ASTM C 150 Type II or III with a minimum of a 20 percent substitution of Class F fly ash by weight. The ' Type II or III cement shall have no more than 0.040 percent expansion at 14 days when tested according ASTM C 452 (3) ASTM C 1157 Type HS; Class C fly ash shall not be substituted for cement. (4) ASTM C 1157 Type MS plus Class F fly ash where the blend has less than 0.05 percent expansion at 6 ' months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012 (5) A blend of Portland cement meeting ASTM C 150 Type II or III with a minimum of 20 percent Class F fly ash by weight, where the blend has less than 0.05 percent expansion -at 6 months -or 0.1.0 percent expansion at 12 months when tested according to ASTM C 1012. ' (6) ASTM C 595 Type IP(HS); Class C fly ash shall not be substituted for cement. Class 3 requirements for sulfate resistance shall be one of the following: (1) A blend of Portland cement meeting ASTM C 150 Type II, Ill, or V with a minimum of a20 percent substitution ' of Class F fly ash by weight, where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (2) ASTM C 1157 Type HS having less than 0.10 percent expansion at 18 months when tested according to ' ASTM C 1012. Class C fly ash shall not be substituted.for cement (3) ASTM C 1157 Type MS or HS plus Class F fly ash where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. April 30, 2009 4 REVISION OF SECTIONS 601 AND 701 STRUCTURAL CONCRETE (4) ASTM C 595 Type IP(HS) having less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. Class C fly ash shall not be substituted for cement, When fly ash is used to enhance sulfate resistance, it shall be used in a proportion greater than or equal to the proportion tested in accordance to ASTM C1012 and it shall have a calcium oxide content no more than 2.0 percent greater than the fly ash tested according to ASTM 1012. Delete subsection 601.05 and replace with the following: 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design for each class of concrete being placed on the project. Concrete.shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete Mix Design will be reviewed and approved following the procedures of CP 62. The Concrete Mix Design will not be approved when the laboratory trial mix data are the results from tests performed more than two years in the past or aggregate data are the results from tests performed more than two years in the past. The concrete mix design shall show the weights and sources of all ingredients including. cement, pozzolan, aggregates, water, additives and the water cementitious ratio (w/cm). When determining the w/cm, cementitious (cm) shall be the sum of the weight of the cement, the weight of the fly ash and the weight of silica fume. The laboratory trial mix data shall include results of the following: (1) AASHTO T 119 (ASTM C 143) Slump of Hydraulic Cement Concrete. (2) AASHTO T 121 (ASTM C 138) Weight per Cubic Foot, Yield, and Air Content (Gravimetric) of Concrete. (3) AASHTO T 152 (ASTM C 231) Air Content of Freshly Mixed Concrete by the Pressure Method (4) ASTM C 39 Compressive Strength of Cylindrical Concrete Specimens shall be performed with at least two specimens at 7 days and three specimens at 28 days. Three additional specimens tested at 56 days shall be required for Class H and HT concrete. (5) Class H and HT concrete shall include a measurement of permeability by ASTM C 1202 Electrical Indication of Concrete's Ability to Resist Chloride Ion Penetration. The concrete test specimens shall be two 2 inch thick disks sawed from the centers of two molded 4 inch diameter cylinders cured 56 days in accordance with ASTM C 192 Standard Practice for Making and Curing Concrete Test Specimens in the Laboratory. (6) Class H, HT and S50 concrete shall include a measurement of cracking by AASHTO T334 Standard Practice for Estimating the Cracking Tendency of Concrete. The sample shall. be cured at a temperature of 65 to 75 OF and relative humidity not exceeding 40 percent. (7) Class E and P concrete shall include AASHTO T 97 (ASTM C 78) Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading) performed with at least two specimens at seven days and four specimens at 28 days. Prior to placement of Class E concrete, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity meter and all necessary wire and connectors. The Contractor shall be responsible for the placement and maintenance of -the -maturity- meter -and wire. Placement shall be as directed by the Engineer. Except for class BZ concrete, the maximum slump of the delivered concrete shall be the slump of the approved concrete mix design plus 11/2 inch. Except for class H and HT concrete, the laboratory trial mix must produce an average 28 day compressive strength at least 115 percent of the required 28 day field compressive strength. The laboratory trial mix for Class H or HT concrete must produce an average 56 day compressive strength at least 115 percent of the required 56 day field compressive strength. POWER OF ATTORNEY TRAVELERS J Attorney -In Fact No. ? 19554 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 313 6 712 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint James S. Rosulek, J. R. Richards, Susan J. Lattarulo, Frank C. Penn, DiLynn Guern, Kevin W. McMahon, Mark Sweigart, Florietta Acosta, Tiffany McGonagle, Donald E. Appleby, Gloria C. Blackburn, and Deanna M. Robichaud of the City of Denver , State of Colorado is named above, to sign, their true and lawful Attomertaki gFact, each in their separate capacity if more than one gn, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their -business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pemtittetl in any=actions orFproceedings allowed by law. �.4Z y e INWITIVE�Y WHEREOF, the CompOoe�s have caused this instrument to be stgned and their corporate seals to be hereto affixed, this 21 St day of ..1lUU ZZ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty 4Insurance Com anY. t Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwii -ers, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company ■ or,su,� �}tTY Z 1982 0 � 1'9� I N�PoR9TEp - `' atC .,, q%.sa yQi�pRPORAT .:p} up s� AN� State of Connecticut City of Hartford ss. By: AGeorgThompson, enior ice President On this the ?1st July 2009 day of before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, 'Inc., St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� In Witness Whereof, I hereunto set my hand and official seal. 7Aq My Commission expires the 30th day of June, 2011. *`�G Marie C. Tetreault, Notary Public 58440-4-09 Printed in U.S.A. RED 5 April 30, 2009 ' REVISION OF SECTIONS 601 AND 701 STRUCTURAL CONCRETE When entrained air is specified in the Contract for Class BZ concrete, an air entraining admixture may be added ' to an approved Class BZ mix design. A new trial mix will not be required. The laboratory trial mix shall have a relative yield of 0.99 to 1.02. When Portland Cement Concrete Pavement is ' paid with a volumetric pay quantity, the relative yield of the concrete produced on the project shall be 0.99 to 1.02. If the produced concrete does not have a relative yield of 0.99 to 1.02 for two consecutive yield determinations, concrete production shall cease and the Contractor shall present a plan to correct the relative yield to the ' Engineer. Aggregate data shall include the results of the following: ' (1) AASHTO T 11 (ASTM C 117) Materials Finer Than 75 um (No. 200) Sieve in Mineral Aggregates by Washing. (2) AASHTO T 19 (ASTM C29) Unit Weight and Voids in Aggregate. (3) AASHTO T 21 (ASTM C 40) Organic Impurities in Fine Aggregate for Concrete. ' (4) AASHTO T 27 (ASTM C 136) Sieve Analysis of Fine and Coarse Aggregates. (5) AASHTO T 84 (ASTM C 128) Specific Gravity and Absorption of Fine Aggregate. (6) AASHTO T 85 (ASTM C 127) Specific Gravity and Absorption of Coarse Aggregate. (7) AASHTO T 96 (ASTM C 131) Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (8) AASHTO T 104 (ASTM C 88) Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate. (9) CP 37 Plastic Fines in Graded Aggregates and Soils by use of the Sand Equivalent Test ' (10)ASTM C 535 Resistance to Degradation of Large -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine . (11)ASTM C1260 Determining the Potential Alkali Reactivity of Aggregates (Accelerated Mortar -Bar Method). ' When an aggregate source is known to be reactive, ASTM C1567 results may be submitted in lieu of ASTM C1260 results. Any aggregate tested by ASTM C1260 with an expansion of 0.10 percent or more, or that is known to be reactive, ' shall not be used unless mitigative measures are included in the mix design. Mitigative measures shall be tested using ASTM C1567 and exhibit an expansion less than 0.10 percent by one of the following methods: (1) Combined Aggregates. The mix design sources of aggregates, cement and mitigative measures shall be ' tested. The proportions of aggregates and mitigative measures shall be those used in the mix design. (2) Individual Aggregates. Each source and size of individual aggregates shall be tested. The source of cement ' and mitigative measures shall be those used in the mix design. The highest level of mitigative measures for any individual aggregate shall be the minimum used in the mix design. ' The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, fly ash and silica fume meet the specification requirements and supporting this.statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry._ _ _ _ ' Approved fly ash may be substituted for ASTM C150 cement up to a maximum of 20 percent Class C or 30 percent Class F by weight of total cementitious. For all concrete mix designs with ASTM C595 or C1157 cements, the total pozzolan content shall not exceed 30 ' percent by weight of the cementitious content. Where the Contractor's use of fly ash results in any delay, necessary changes in admixture quantities or source, ' or unsatisfactory work, the cost of such delays, changes or corrective actions shall be borne by the Contractor. April 30, 2009 , 6 REVISION OF SECTIONS 601 AND 701 STRUCTURAL CONCRETE The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, silica fume or aggregate. When a change occurs in the source of approved admixtures, the Contractor shall submit a letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design. The change will be approved by the Engineer prior to use. The use of approved accelerating, retarding or hydration stabilizing admixtures to existing mix designs will be permitted at the discretion of the Engineer when documentation includes the following: (1) Manufacturers recommended dosage of the admixture (2) A letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design. Unless otherwise permitted by the Engineer, the product of only one type of hydraulic cement from one source of any one brand shall be used in a concrete mix design. Review and approval of the Concrete Mix Design by the Engineer does not constitute acceptance, of the concrete. Acceptance will be based solely on the test results of concrete placed on the project. Subsection 601.12 (j), third paragraph, shall include the following: When concrete is to be placed on or adjacent to hardened concrete surfaces, the surface .shall be saturated surface dry. Saturated surface dry concrete has no water on its surface. The pores of the concrete beneath the surface are moist. Delete subsection 701.01 and replace with the following: 701.01 Hydraulic Cement. Hydraulic cement shall conform to the requirements of the following specifications for the type specified or permitted: Portland Cement Blended Hydraulic Cement Hydraulic Cement ASTM C 150 ASTM C 595 ASTM C 1157 All concrete, including precast, prestressed and pipe shall be constructed with one of the following hydraulic cements unless permitted otherwise. ASTM C 150 Type I ASTM C 150 Type II ASTM C 150 Type V ASTM C 595 Type IP consisting of no less than 70 percent portland cement, ASTM C 595 Type IP(MS) consisting of no less than 70 percent portland cement, ASTM C 595 Type IP(HS) consisting of no less than 70 percent portland cement, ASTM C 1157 Type GU, consisting of no more than 10 percent limestone, ASTM C 1151 Type MS, consisting of no more than 10 percent limestone, ASTM C 1157 Type HS, consisting of no more than 10 percent limestone, Cement shall be from a preapproved source listed on the Department's Approved Products List. The cement intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the cement meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer prior to the tested material being incorporated into the project. Certified Test Reports shall indicate the percentage of pozzolan and/or limestone incorporated. into the cement. The cement shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of the cement until the corrections necessary have been taken to insure that the material meets the specifications. ' April 30, 2009 7 REVISION OF SECTIONS 601 AND 701 ' STRUCTURAL CONCRETE The Contractor shall provide suitable means for storing and protecting the cement against dampness. Cement which, for an reason, has become partially set or which contains lumps of caked cement shall not be used. ' Cement salvaged from discarded or used bags shall not be used,, Delete subsection 701.02 and replace with the following: 701.02 Fly Ash. Fly ash for concrete shall conform to the requirements of ASTM C.618, Class C or Class F with the following exceptions: (1) The loss on ignition shall not exceed 3.0 percent. ' (2) The CaO in Class F fly ash shall not exceed 18 percent. Fly ash shall be from a preapproved source listed on the Department's Approved Products List. The fly ash ' intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the fly ash meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. ' Preapproval shall include submission of a report from the supplier documenting the results of testing the fly ash from that source in accordance with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261, Appendix II. The report shall include the results of TCLP testing for heavy metals and other contaminants found in the fly ash. The report shall list the contaminants tested, and the allowable levels for each contaminant ' tested. A new report shall be submitted for each preapproved source annually. Additional TCLP testing may be required when the Department suspects that the fly ash source may have been contaminated. The fly ash shall be subject to sampling and testing by the Department. Test results that do not meet the physical ' and chemical requirements may result in the suspension of the use of fly ash until the corrections necessary have been taken to insure that the material meets the specifications. 1 11 n $ N'ga A., ao z o 7 mGi O =a Z. o Q 4s -a6a ' SgoW Ew " W.o M1 g W U m 2 z O 4 _H WwWo Woo- o v� m _ & 4 W "W sLLJTzoozA W - s ? _rvn�mmnm - J Q O of a a `a 0 W 0 5-36 0 0 0 o z z o o 0 0 0 0 0 0 0 0 0 0 0 0 yy o 0 o a o �yj yy yy jj�� �y] yy yy u yy �y] u U V Z V U u V U U tti Z U U Z U U o 0 0 0 0 o o o Iz z o 0 o _ a L 6 6 o o G i _u c5i � IS u Z W z 0 3 0 3 3 3 6 O w vO : �o' voi h V a - 3 V o o i 3x3 Y� o o m m m $o s m 17R, 11 0 W. oCmoom z � H7i W Aga w ` Hro.H a` S Z a ; I _ o LLj o o s Nw - =o g o. W o waw cXx W x Wei — oi��4i _ omn s co 3 N5.� ��<q�z ' W n2 w`2<KW rw0 O m0 S ��w ` 0yo s<tt P. s <g WF'.o i'W"iuS 0ou `g' x s W z = ;. _ =gip& wa "o zwW �1 30 "'� 0 umoiw Wv iir= `oHO �m m i"• 5� em Swa b n '^ - iu r iu.-uc� u iWo z - - m�z N F z g3 ` - a Wd° o coi`"m u o� &$ azp x- `s� o m 4 0 xzG� � ap o o-�o cm w�' o o zuo w " wy uC �`m �rcu oox �f�n�z< o mo W s o m mw gizmo awoW�m of �i0 ioo ioWF u� mu m F P, a o x Fz zW 0o w N i zW i 5W ~zwo�`� u 0m rc3T w� i_wW �3 _ oz�n m o 3' 20 p� ] �� ZZ�m pp Z < v� 2> 2 " w 1 m O u ~ 6" z m O W O ` 6 m F < K K w x 2 0 0 .0o m �v � az W w z - _ m m 'mr: Nc � < io um4'a NOW T 3u'iiy, d Wi833 s car o iw WxW i�j 0<� zz z wm ' zon �' zo " �m� u0w oFF �ww z� m Ali s�� �rc R—'• g'='2P Z uS �Wxu of am �YWz <'m>o?� Y Fos6 one oou �oWWuc`i rc� wu z�w i °a5w e'vivWi �x0 c of v�i Wu do N $U�'uu ei ao�orv� u� �in W; wi Fo �,"e i i a- m z H �o o z °i3 P orcuzi?'0 o z< �ZW3 rzm,�a W:P2 Z "ai x aS3 " u�x, W = iz " a a �. ° °.�: os'WQ zW�Fo$< �u s� Doug ��Wo Si SS ;;z N' �0".z' J'<? i0 Y� j �° a ..a �o < °m uuuuw v`i�o F-ecoia F- w os a :�'a: -u-i —m z w m w U Q J aLn w J o ~ F 0 a d' O O] Q a J z w Q 46 U CD m O U r- i CEO G F d" a� Ca Q °. a u d Z ,Fa a U U I OV wZ oz F � �z w awe we��az� smwu awws.w °.n.,rnwwe.°w° °Wm°uMva�wmw.+�.x°.n,°w° mA.wa�wmwswew,!aa ww�.'e w w ��a =�.� W Z Z w Z O Q_` Z > < � o o W a � � rc a u'i z r✓i > � � s � F oi�z �a � z c� 3 ut in x 3 3 3 rn.¢ vi z a Z Z Z Z'2 Z 2' i 2 Z 2 2 Z Z �m� m�0 :br 2 o m 3 O F G G F F F G5!Z Wv� Wrc -dN. a m U VI w W K U N N W VI IA VI V1 W W w W W N W a N 2 - C I- W W W __ W _ VO �00go 8 H Ij?$Q� sz0 i3Y W. Mmgt q F=�" r i<g:�SW > opt a zOW ao N� � z ' oo F w zz Ou I a m O F to 3\ n V W I ix ? TJ o o&» m �azZ 0 i+lm1I 0 _ Q ^ ^ � T � p � n o o + a OC tI xxw wU m — m m m m �IL z MoZZ70 a t. n �' N _ /Vl i(1 Opco Val V012 Z.Z a°iPl1� X O � �°�i Omi > o W N W d'oN W XO J� ?°f~ oZ. \ WW <VI (/ViQ21JD0 Y321j BWb�iHWY- �', H' fig/� C g -may `g OZ'0 3'3S IS `NyS.\�S�o Ho ,5 S s s S s SOU i ®S213M3S S- OtT.X3 �/1 6�S�O °V t )+ OO+Zt o G�s��F Oo+I ' oo+otL X�il 86�__ X in 'CZ` HH H G G P W ao I ? W ^o zvvvv ' o,o� uw^i \ \vv~i rnm viNt�a� za V b 16 m Corn �� m I jmm mmmmO1 .37 C 000v ft J? °�i woo is0 i .9ZZZO V X�w> wov--, u� 9., o>> oo ;>: E' -' w¢U� Zlpj i�vQ �•' NWZ N�ZZZZ2 �z U IW w > W4 W>i2b OUO^ O> NW �w WZ / o w V - W l Z T UZ Co o IIII W LLI J O r tD LL o� WJ�w�o w O i 2 ow:< < a 3 uwi z J W S j x Q~ r wxj, m m o O Q Q a tii w << C Wc Fi 66,m �z i W SjNF �� nM CO <� s( U J<< W 5 z w a 3 �n in x 3 3 3 �n � �n o � � _ � mN mNj ° ° C1 9H $oT a x D U t] U U U a z z 3 W z z z z z z z o m W m F 1] U U U U O U z z z z z z z in w y w - "' �o ow� - € ,; _ "sCM'M goof. wmrnw.mN rn ixi w¢ x x z x x w w R R L w w w w w w w o Fi j�3,wi —�N =e ate` Z oao O�Jjn wow �t�O s-�� W a+ o�g000� pss tl og Z. .wx.n H� w C� e � oQ I � J O m m < > W O W z J \ L)JZ <46 I C�Z p O O m o Z LL LL �>I tZN uNo 3H10 AB) 31 VOO138 w LL � U W. OJ ~ pU0 J y_ W R LL JX p LL JW WN !n J Nm- NN J N NF} wW N3 MC7 Uo 0 0 Om p ON OUon O OF Om W 7 W m W LL W O {{ W m W LL W:) ¢U 0:— KO KU... M— �O a:U o p w<w O=w Zr�� �W LL J Ov0 zza nJ I <O NO Om OY U0U 02 W 7 W K KU Irm a Z� < W O� O Z W LL // olo NY >N N� D3 OU y > Z Z > Ou] O ON \ W< O C U K O 0 d� — a 0 ao O � L) (q d zt U U a r, ``' a OW z FUz W Zi o �y°tl wa[. ZteOt¢sc8'a•'✓�wsM•w,.a �ew7+uv�ge.�we wA+wad.�N+da��.�.q+a.kVe.OmM�enwmuu��a9oVevaH�a IOWeJ�:d gW mr, FK� w z j� WW U s✓'ZaZ�caw c�3¢¢�Z�Z�� U0�2�.NOU3U NO z szwW �S-rc�'z U O6 �K <6y<ywj6 J '• =O�r OZQ \ II 2U�x 03 Ir-N I i-'t¢ pv�� eZ �do aaz o_r� pro MKN� rt� ` I V \ I I ' n ,\ n \ � p 'y O 11 I + u N 11 F � 4/1 U N � n �y/, �KN2w I II II I l \ II II \ II II I II II II II 11 II I I1 II II O �I I U II r II Q W I UOl I I II II II I I I II I II II 1 II III II I _ I I I n I/ rr.. n zp 11 � II r U Q W II r II, W II ip II I N II h it I I N II� II II 11 II II + II o 11 I I O ZQa��I om� y_r 0:0 N �oQ►e � z T Z W m W 0. LU ui o m m m o II II N b'L66b 'ANI m -C L9'bz+zt 'V1S a dnOd 31V8Vd3S J � 3mdo 30 N0v8 O w o S9'9t+Zt 'v15 Z Z Z9'00+Zt 'V1S m NOUISNV81 ",'IS1101 4ill bb'[0+Ot 'Vis (n�Q J WO �0w O 6'9664 'ANI 'V1S ap7 X II OO+OL ono ck: aao ova 0Zc Z O L) U w (n U m U O to O 0- 0 cr a O a m UU i O F �v t1; w as o Q, U Z.4 .3� a U� I E� o z a O W ;z w I BELLE Jll w w o W o W a a W wow_ J N a i a z 2 N m� <o�:io FL.-- vi Ozvi Q .bVLL -, w a W w w a a N 3? u s 5 w w WF�N ao� oo H < cpi z `-' w 3 �x 3 3 3 tai+ �o a` W N N- N �? uua �uuuuu u u u u u u u u u ZZ Z; N Z Z Z Z Z Z Z Z Z Z Z ZZZ GO�U ru3pF O F F F F F F F F F �0 0 U �a N LA N VI N Nnn coioali,w $ a '� '� w w 'z w w w w w w IJe.I w w 8 "' Zjl N 0 — '' @84 Z i N W N N �C ax W �I 'a os w .,'m&i W,��v_' y N ~'=^ate<u�a�,=� - g°C? r�'^ a vS Z I U 3 N N ZVJr60y�U0a O= Q' W I) T���� W LL o m p a o g o o v 0 0 0 0 m N N N N O O O O O w F 00J00 A313 73 0 a o m N Lj J �'-13 r W U- 0'f I =1 o p Oa,00 1 N 0 0' 1 SO'9L+OI ro1S p CL 69.00 'n313 13 0J ( „ o a � ( 06�00 "n313 13 I I CO t o 00"OS+OI "tl1S N J O j f9i00 'n3 3 13 LL m N 69'O6+ll 'tl15 in O I ZZt00 'n313 lj I - Q 64f00 '/3l3 13 x W _ _ 9S'Z2' OL 'tl1S = 3 I � � I z 0 69'99�11 ro15 O N O N + OI 0 < , 00 Z + T p^ v O O 0 O 0 O O J1 O N O N I / i O 9 Z l 'tl1S I i 19TO � 0 I3 3 a I ZQ'Of`fZl ro S 96100 3 4l''60+Z L 'tl15 I m Lb(00 'A313 d Z "l6 l l� 'tl1S 1 O n�_�j Z O 0Q O+ F m � O U O Q O J + O gF_T S - _ Z � arl T O O O O 1. o N 0 a O m v LL I+ m m la- lLLr a Z V1 O i O O 2 F F Z OZ WV 0- �w=a �W NU Q—_ � NU\ � 1 Za rn� nl U r 4 a U H 4 Q V1 0 m = LL 002 —� C Qa W'o 02� p0CL — a (M021 .0(i 1% 2115 �J00 M \ ' s s — — s s — °° — — s— z o O _ — _ C zF _ Ckf Zoz xo V ( n Lij wID y0� p C7 3 3 cn '' 0 J N J LL 00 Y 0= m' O F Z , Y O N \� 1 1 O $ Z Z 2N 0 O = Z OI 10 J +NLL U cOOQ +—m Q a U (J� r70 a +Nm IOn +N1.. I y Q ' JN Q~ J U0, Y n ` Q HLLLia W V HILL.. Q H4Q 1\ Ia.. ILLi (n 0 3 N O m Z a 002 V1 0 M t F a oO J Q w N a O w 0 =a' Go RL wv;am wen:eazl maua.s'a-c+wna.n+nw.wwe wwe awmuuaww�aw.w«e.q.n.ewe.wa�.a�Mu.roim+ulde wq.s�e W �WWw U O W W 00 r < 3a 30 P a < o w zo < a a a N 2a N ¢ su°Ihc FCIg �.m co.3 �. ' m 3 �w o c y F w o 3 In 3 3 3 In o rc� ��..o� o ca9po9O1 > yl Z=< F U U U U� 0< O U 3 yl = 2 2 2 2 2 Z Z 2 2 2 2 2 Z W 3 3 3a 3ze N N¢ N N N_ N N IF/1 IF/1 N o IAIA IF/1 N_ O?�NNN Z 2 Z.�. Zm W w¢ S w W x wn4 Z I I I I x �a�uN� �m��.a y�0•�3 � C E_ �• W B I I S I I I T o c� azi u U a a oaO��''LL'Hw II I I UJ�nUO�<� YfOU29va1 �KU7 ^��OJID 0HfDQ: o < a0mo3 . aOUOmJ Q3U ~C�~aUZUpZ~aoQ>}WKU=w� mUN�OZ m�u"<Ii m r3O��WC�� lOyfQ?OO2Z Z D < 06ao2 Q um D W am m ti r mom OOV m O 1 V U O Wcn n 0 O O¢ Oj am oOwC)0 aa W ati Y (000as aI>X `gy:z o G am a m am a a0p Z ° 00- P2 0 a aooco uWi 0mO� ZN O2 O 4 wO ad 0.O0. w L) Wb wzlz 0 aU 1 0 Z ao~AawO<pt<Ofm 0WU O. noWNOWaWaWQ woo U ci VON U ~00oZ� aoma <�Ca oaNFNXN z00zo 4�U Dw OJmN m m ao~ N~ �I i II J $ LS'0009 13 ' 1�EO�hQG0ay�0090 0AO 1o� �x I I c�ozm4 s a� mIf 3yz a0wzv 0 in==zo 0 (mob .00) rx .<- —mx — 0. ^�^ II 13381S SW0311HM 3 a m m m 4 �'� o a z 69'0009 lj 00 `" g < O O S O WW y W m><0 W UO W (� ~ N O ^ W 0:WN m oUu= (MOd 1001) ,�x o o ~� 000 n m 0 w 133b1S SWOXIHM �" w �' < <"' U O p F o > ny N-~ Y F TaG� a ¢04d m U~0J UIn z 0: It! m ryQFWoa WawW �� o'.o C�d1 Ate"Ew X�o 30 oo 00 a O np m!W m +o <U < ow opm o a Ox wo �� i �Uwn oJ30 3Z) m < 0Gte�a.. , 'LO6 t 605 0 J` E Yz V} F 0 n �� O V W. w ~ LI. E , Z w /0' 6 00009 SL'0009 0 ! & N W Vow U CZ N a to a m p , N o $ S =o as OQQ 0 1 O In I z /-W X 4QCUWO .W» Vl WO WO OOO N E� NNW Y- uVi z co U00 In UN N N �In V'° .aOln v 00� OOJ QU <O ~J O O O_ * N ^Y ~ 1- 2NU N - Inc �w< 3W W V Q XO OD W 02^ W ^ U< 2li �4 24m ZNW Obi W� O Jp O Obi ONp <IIIII O N N ZN 00 N wQ Ina _V<VI ZVI F, ZN 'no ZOi� Ow QO U <O Q7 O p4 aci UO MW 14 �1: mw I Uo ovl r� moo nm a c< 90 001; -1 ii oo � 'X3 H01VW - a Jm (Mod ,001) o � W ~ 133b1S 8WOO11HM 5 ..�,� � ICI � �..•�,�,.H,.�.�a�.,�,.��.e.�a.�.� �.,,..��,.�.rd r �00 Fo of p �'�� C $�> czN� `z < a o< N 3<W S z "s�� J N 23W� g Nab=e n i,`nzdam u oow��U'a' c�io cz+caz .5 Nu 'u s�i w< i5 �<�'_" z s � o NUalloo x o�iw POPE �Q St a� u2 0>� '.� <Oo �t NZ�Na F�c6pm 3�~ z �o•o bi o zs�wZ � Zmc� o CK W u Ld s\-zUOQZ�JSS0 aUO �J6mpUJwiNo 5W oewiizi0_ oQ<� W Zv �wO S 2m OU= wON4� ZNF wm �� ( Z � UWm wa aw V Zm0~ U3 mU Uw VI Wu Z V�Ii 44.. �w N^VVNw2 Uni U�m� F N W U VoGJWz �U.i muwoz 8wJ0 aVNiQ z�rO= 1ro, Ww FOZZ m W�i DU4�wUCi Ju%S N20Q,w-7j m U 0¢u w0 <N<Uo6N,;z-.mw`&Q wN.s-Voo10QwV4J�0v�iNW=ma Oj<W4oaKuo 07OVi o =FVU �iazxQgNAp zoaz� <aW �$ < Wa o� LA oizs r ?< zzOo zoauzia'�Jaa"' W Q 2 imz J Qwu m� o>x�i uam im W� io�ao 0o uo>o �N aiima ZFiLLa�oim¢z= 0. uz �Xw a �1 mz om w yp.F W z��oo r U v j m O Z z y }/'sa (.� p rcFY�ag Noi a ain ow iaa aWzz „�ugo< saso�xi�oi O 1"'z"'i `n aiou iv s0si< �u �,3, a �oow< acwi u i� rc c5 cry j� s a omzo-Nw<go o Q W o c�i i o Q�•L•+azaoc`'o F�sF m ado 0 00 �voo uF. s xcoiw fib-' ¢¢pp "'w zaCCawwa Z�U Z a3aw uw wU3 ?,7mi �" nv;f30 i�i2 ww ? ¢� �336r,7i D:� �a1 p<Wr.-¢ r 0 0 0 0 0 O 0 0 0 O D O O z�sam.o y was N io m = 2 O s F 3 a a o O U Iz z o m a o m o0 o O x3 O z O j H N Z V z Z N J O N O w m 0 p U _ a o cna Ins Inp x3 mQ o w� U W O X< wo cOo o Z S� W w 3 w ao z o o. N 1 w 0] X j UZ z m w < m y w oo Y O Z z / Q U o H • /j U z w U w LIj N W • Ln z ���111J/J (IN O sx 2 I II _ 0 X I• I I I O O O• o� a z O a — — Zw U F- X o o z <O� I.I ���/// I I ���jjj/// mo �• 30 o Oy _ > • < U �.I I I z` �• m N I I zo I I Z X� I N� 3�o C' I.I cm, I I WN o�mwo o a ->a ar Z1 u S O U Z I 5E U Z N vWi^ u ooi �own� v a ace mQQ¢oina XVW .0-.l wo w pw B 530VdS S Y < n ?N �'='00000- a N ccn < �Q Livc) :»o cF 8m�<.T za ow�ow aLVsl �o alnm C) a z w o o' V a UJ z 3 a o o a w0 zt: m< wm a� mo o� _J < N ,..ld _ J o x a N 1 U Ld ,z a _ Q v W U Z Z U o QQ� .I jV �p m > aao mz '�j/ adt zztoo z - U az f O zw OZ J WwU U vlzQQ oJQ2z za Z O= N N �O � Z_ 7 U o W ozo oaU '9 = is U Um - ++..+aaoa ram t�MWeb'Ert#A]omNwald.hVe moawr�w�mw.�e.Ib4e.We.nancw.x�'bVB,.w�d F�*J�'a WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance CompanySt. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety .Company , ,America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant .Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond; recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the anwhena nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Compy () signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers Pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unitvd� es FidLel >j ,and Ginty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Com_�iante�siwhich-fs infiull force effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and af'fnted the sews of said C mpanies this 21st day of October 20 09 _ Kori M. Johans Assistant Secretary fl g g 11ANiFOHD, � C a�'ct�J be 51 T ' �`• SEA '� �: 'o '""� "v�t�5 i '. �y . ►�' � ?1� ys oo' '�• L�ro �a`,SSAL;;e d ��' � \,,,,./ a a+ 7896 � ANtb`' To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In above -named individuals and the details of the bond to which the power is attached. -Fact number, the 1 < - b z .Z/l 0-,l F � V ..Z/t 9-•S Z w 2 N O W .,ZL „9-,S: •.Z/t 0 .t ^ W < Q a O W W 1 J zc o,-, z z Wxo a R O < o'¢¢ f-1 O mo Z < C Z 4 0 40 F m 0 0 _ a L .~.. m ip a a m Z J ry Zm a izo o o o tD I N- Q O c�O I a Za N v o ® -� ~ CZ7 z 3 io N < <i a= zi o OvriQ ( O\ - Z a co Q V V i z< ZOF to WN I 2 UWi d z u F< - z o w _ o LLI < o O N ' N � F p n ® w = O I N U 0 m aS U QO mr HH ® ® Kv U O z arj ip V m U > 6 Z Q UU VI Z� Z= O Z �m I r Q ap z o o m �o <z �o x" i a zoo �i O Z aO a ~ N O VU = o 'a _z n �' i ZS z aN J� uF Zr z r Q N c� o a' I.lz 3 rr> Uwo o N..VdS 03 Z iNOO O-f io (Ai)33 1NOO t,#-c 000 08e 8 O Zao <�6 v a ..9-,SL my „OL ..0-.bl •.Ot �� ..� 1 FO` ' 2 m 1 3 i o z o m V� � w a m a W � NZ O 3a^ �' > o o p�� 7 O Ucn r pz�o N �n�< z ow �� z z a L1I- U N V 3 J w Q O o dU ..Z<= < Q � D_ N o �w� U O� z Q c owza z avwiw ? w za �O wJ \ ¢ Q z3wo � azz �w �z p d a Q o 0.1 o v¢ a c a F-_. °J c z� rn �> O� OU w Q� N tOp m UW w0a ON mow m ¢ 7` �ym (y ny Z "., m ZU OZ ~�� ovQ zOra OWr� I I I Z w w I I I I x< w o 07 p p0 zN>- O©13M00 „0-,Z x 8N o V 1p o f ZL m w ..9-•i Ol ..Ol Ol ..9-Al Ol ^Dl ..9-.f a u n in v © l3MOO �a�aewaa�mz�mware mwwa�rr�w�wa.avea�mumax*•�mw.wo.wu.ave.wawe�rM�+,ewe weawr„o.e SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: CONCRETE STRUCTURES INC. Long ont, 88 R98504 2. Permanent main office address: Longmont, 3. When organized: March 16 1981 4. If a corporation, where incorporated: COLORADO 5. How many years have you been engaged in the contracting business under your present firm or trade name? 28 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) SEE ATIAGHED REFERENCE "A" 7. General character of Work performed by your company: CAST -IN -PLACE STRUCTURAL CONCRETE PLACEMENT 8. Have you ever failed to complete any Work awarded to you? No If so, where and why? 9. Have your ever defaulted on a contract? No If so, where and why? 10. Are you debarred by any government agency? No If yes list agency name. Rev 10/20/07 Section 00420 Page 1 11. List the more important projects recently completed by your company, ' stating the approximate cost of each, and the month and year completed, location and type of construction. SEE ATTACHED REFERENCE "B" ' 12. List your major equipment available for this contract. SEE ATTACHED RER'ERENCE1211C" ' 13. Experience in construction Work similar in importance to this project: ' SEE ATTACHED REFERENCES "A" and "B" ' 14. Background and experience of the principal members of our organization, y g anon, including officers: ' WAYNE A. SCHELL PRESIDENT/OWNER 39 YEARS CONSTRUCTION EXPERIENCE SCOTT R. HAKONSON,SEC ITRFAS/OWNER 96 YEARS CONSTRUCTIO EXPERIENCE ' 15. Credit available: $ OPEN 16. Bank reference: WELLS FARGO, LONGMONT 635 Coffman Street, Lon mon , CO 80501 ' 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? SEE ATTACHED REFERENCE "D" 18. Are you licensed as a General CONTRACTOR? YES If yes, in what city, county and state? DENVER, COLORADO What ' class, license and numbers? CLASS D - #20883 ' 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 firm at this time? No IF yes, DETAIL 1 Rev 10/20/07 Section 00420 Page 2 1 21. What are the limits of your public liability? DETAIL SEE ATTACHED REFERENCE "E" What company? 1 22. What are your company's bonding limitations? $1,000,000 + 1 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 1 Qualifications. Dated at 8:00 am this 21st day of October 2009• 1 CONCRETE STRU ES INC Name o i By. Title: WAYNE A. SCHELL, PRESIDENT ' State of COLORADO County of WELD 1 WAYNE A. SCHELL being duly sworn deposes and says that he is PRESIDENT of CONCRETE STRUCTURES. INC and that 1 (name of organization) CONCRETE STRUCTURES, INC. the swers to the foregoing questions and all statements therein contained ar true and correct. 1 Su ks cr to'�ksf\re- i-t his 21st day of October , 2009. ' Notary Public" 4325 Hilltop Road �N, P:.P,q�,,rr�� Longmont, CO 80504 IF, OTA,? My commission expires 07/25/2010 (!j►, SUB `lei 1 My Comm. Expires�-,-� - Rev10/20/07 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS ' List all subcontractors for the work items listed below and all subcontractors performing over 150 of the contract. ITEM] SUBCONTRACTOR Z ►1 �TFIG 1 f /�Gt 1 Section 00430 Page 1 hi §§( k)§ � � q M A m m M a n M E G 2` �s _�_ =a ass= ���a --- z c szz sL � z� � _< «�� =sg� --� G3 > x 2 m c C Zt` F'rF O --a 3 p� C c_y > r O R 2'P� y �. O �i � > -3 y F C Pam' p � O p p m� z i _ _ _ p 2 x s C R. v Zzv ��� e 3 � 3 u > m � o > y p p T v .[+: C V'3 o P r.� ��> ��� 0 ��x n � p3 3 3 n No Text I SECTION 00020 INVITATION TO BID I I 1 1 1 i i -1 Rev 10/20/07 l i $$ p �55� Q gggg 6g Q r C. e. E E 6 S asa, --- --- -- --- -- -- -;; - - _ - - -- - - - - - - - - - - - - - -- eF ro e --- - - - o - - - 0 - -- - - - --- --- -- --- --- -o- -Q -o- -4 -o -- n - N - - o - - o - - c - o e 11 c c e c c u o m o r o - - - - - - - - - - - - - - - z0 m a � m =O zz N a o - - - - - - - - - H - - m - - m - - - - p - - Y - - _ - a - a - - u _ _ - _ - f - - - - - - - - c - - o - - o - - c - - a - - a - - o - - o - - c - - o - - c - - e - y - C . O - c - - o - - c - - n - - - - - - - - a - - N o � m O 1 �- m m- m_ _-- --- - --- - - - - - - - - _a- - - - - - - - - a e o o a =go A n -3 yi0 « 2 O --- -a- --- --- --- -~- -- - --- - - -a- --- --- --- --- y -- n R 5 a ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___5 w S _ _ e _ _ o _ _ o - c - v. _ N - - € _ C 3 c c c _ _ _ _ _ _ _ _ _ _ Ma � n L c _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ o - � v - w - _ o _ - o _ _ o _ _ c _ _ o _ o _ _ _ _ _ e _ _ e _ o _ o a J A T v �12 _ ___ _o_ _Q_ 8 _ _ ` _ _ _ _ _ \ _ _ \ _ _ - - _ - _ _ \ _ _ ? - - - _ - \ _ _ _ \ _ - _ .. f� � 3 a; G S b .. C REFERENCE "B". 4325 Hillt®P Road Longmont, Colorado 80504 Phone (970) 535-0202 �O Metro (303) 440-®634 ' FAX (970) 535-4382 PROJECTS COMPLETED G YEAR TYPE OF WORK CONTRACT AMOUNT PROJECT LOCATION 19lua 127' Span G Girder bridge barimer County Bridge ' Replacement $370,476.00 9E-1.0-S402 over the Big Thompson River for LrariA„er County Public Works Dept. ' 21a HouaLaia Avenue, Fort Collins, CO 805ZZ Ph. ZZ1-7733 Cotatact 1*1011 Winning ----------------------------------------------------------------------------- 1 1988 Bridge Replacement $75,657.00 East 15th Avenue Bridge Replacement for The City of Longmont 1100 SOu't1A Sberwan Street, Longmont, CO 90501 Ph. 776-6050 Contract hill kjcNieal -------------------------------------------------------------------------7--- SUBCONTRACT IDBB-89 Foundation for large Refining Total Petroleum ' Ref iniD Vessels $400,000.00 Facility, Denver', CO for Litwin Engineers & Constructors, -Inc. ' P_0_ Box 1231, Houston, TX 77251-1281 Ph. (713) 596-1678 Contact Dols Ford -------------------------------------------------------------------------- ' 1999 Golden Ponds Outlet Works $98,869.00 Golden Ponds Park, Longmont, CO ' for T,xe CiLy of Longmont 1100 Soutla Sherman Street-, Longmont, CO 80501 Ph. 776-6050 COXItUC L KeAA llusoAa ----------------------------------------------------- 1939-90 60' Span Box Girder Larimer County Dridge DA7idge Replacement $281,200.00 Z1C-1.0-54G for Liar iwer County Public :'Works Dept. 213 West Mountain Avenue, fort Collins, CO 80522 Ph, 221-7733 ConL-act 11011 Winniifg 1 SUBCONTRACT xO90-D 1 Ba►u Outlet Works $96,724.00 North Poudre Res. ;Z CO ' Wellington, for Nati.o►nul Construction Company, Inc. p.t7. Box 186, Boulder, CO 80306-0186 Ph. 442-9001 Irrigation Con►pany, 3729 1 Contact dtubcrt 5tieben with The North Poudre Cleve.1and Avenue, Wellington, CO 80549 Ph. 668-3612 ------ - --------- -_____ _ ----------------------------- Culvert --- ------- $60,015.00 ------------ Lake Center, Boulder, 1UU1 ),lox CO ' for W. W_ Jleynolds Companies 4909 Pearl Fast Circle, #300, Boulder, CO 80301 Ph. 442-8687 Contact Jion Keith , 19'91 paw Relanbilitation Douglas Reservoir$171,871.00 g ' Loveland, CO Spillway Wall & ,Mist. Concrete Work for Barker Construction 142 North, u►uu►it View Drive, Fort Collins, CO 8054Z Ph. 482-952G ' Contact Dicic -1991- Two - 50' Span Bridge $Z62,000.00 Arapahoe County ' - Bridge Replacement tJRA-O6-3G-.8A over Wolf Creek for A,rapaaaoe County Engineering/Ilighway Dept. 5334 South Prince Street, Littleton, CO 80166 Ph. 795-4640 Con tac t M ck Kellogg with J. R. Engineering LTD, 685.7 South Spruce, Englewood, CO 80511 Ph. 740-9393 -- ____ ______----- -10g2- spillConstruction $Z00,000.00 SUBCONTRACT _ Darns .Meador Reservoir City of Greeley, CO for Darker Coc►s-truction 142 Norta► s wu►uit View Drive, Fort Collins, CO 80542 Ph. 482-9526 Contact Dick ' '. I 1.93 Two - GO' Span $387,000.00 Weld County Bridge Bridge Replacement 60.5/29A (Sheep Draw) for Weld County Engineering/Purchasing Dept. - P.O. liox 758, Greeley, CO 80632 Ph. 356-4000 ext. 4750. Con tac-L Denny Graham ------------ SuBCONTRkCT 1993 Prospect Road lmprovements $224,214.00 Prospect Road Imps. City of fort Collins for Casl;le Jtocic Cc'jisLruction Company, Inc- P.O. Box 1148, Castle Rock', CO 80.104 Ph. 688-6611 Contact Tom Ceasar -- ------------------CSU Village Commons 1993 C.S.U. Village Commons $ 38,380.00 g _ Addition CSU 11ousing Services for Colorado 5LaLe.University housing Services PorL Collins, CO 80523 Ph. 491-7171 Contact Richard Pott ----------------------------------------- 1994 Four Mile Creek -Sports Cntr $ 44,180.00 SUDCONTAACT Four Mile Creek Sports Center, Boulder for Valley Cres L Landscape, Inc. City of Boulder 8888 Motsenuocker Aoad, Parker, CO 80134 Ph. 841-8400 Contact Ruth Whitlow- ---_----- ----------------- SUDCONTRACT 1994 Matterhorn P.U.D. $137,624.00 Matterhorn P.U.U. City of Fort Collins for Slonett Builders, Inc. ' p,0, Box 19G9,'Fort Collins, CO 80522-1969 Ph. 493-1770 Contac•L J7eRanis SxnnetL -------------------- SUDCONTRACT ' 1994-95 Kinnear Ditch Pipe Rplemnt. $164,634.00 Kinner Ditch Pipe Replacement ' for Diamond Co►itracting City of Westminster P.0_ Box 3217, Boulder, CO 80307-3217 Ph. 440-3325 Contact 'ferry Pike SUBCONTRACT 1994-95 North Poudre Reservoirs $353,988.00 N.P.R. #5 & 6 #5 & 6 Rehabilitation North Poudre Irrigation Co.' for National Constructioll Company, Inc. P,0. Box 186, Moulder, CO 80306-0186 Ph. 44Z=9001 CowLact Rich Dawe ----------------------------------------------------------------------------- 1994-95 Southwest Portland Cement $913,286.00 S.W. Portland VlanL Expansion Cement Go. Dowe Ii'lats Box Culverts for SouLIA West Portland Cement Co. P.O. .Box 529, Lyons, Co 80540-0529 Ph. 823-6685 CoAAtact Jo]AAA j,oaar ----------------------------------------------------------------------------- 199G SOUA]dtrack Box Culvert $307,642.00 LaJolla Investment Box Culvert for LaJolla Investment c/o Dietz & Davis P.C. P.O. Box 1530, Boulder, CO 80306 Ph..447-1376 Contact Ajar vey Cohen ------------------------------------------------------------------------------ SUBCONTRACT 19J8 Rabbit, Mountain Bridge $80,448.95 National Construction for Boulder CouxAty Open Space P.O, Boa, 471, Boulder CO 80306 Ph. 441-4557 Contact Joe Muth --------------------------------------------------- 1988 Virginia Dale Abbey Boxes $164,660.00 for Abbey of St. Walberga, Inc. 3Z109 Nor Lb LIS Ilwy 287, Virginia Dale, CO 80536 COAAtact BusiAAess Coordinator --------------------------------------------------- 1998 ,Lugle Ranch' Aqueduct $82,484.24 for Empire Construction Management P.O. Box 7447, LOvelaud,.CO 80537 Contact. Duane Walker ------------------------ Abbey of St. Walberga --------------------- SUBCONTRACT Empire Coast. Mgwnt. 1999 Centere Avenue Box Culverts $447,199.14 SUBCONTRACT ' Connell Resources for CaU Research Foundation c/o Empire Construction Management ' P,O. Box 7447, Loveland, CO 80537 Contact Duane Walker ' ----------------------------------------------------------------------------- 1999 Woods Lake'Dam Rehab $114,705.00 SUBCONTRACT Barker Construction ' forCity -- - Greeley - - ----- 2000 Rocky Mountain Avenue $395,437.00 Empire Management ' Box Culvert, Loveland .for HcWhixiney Development c/o Empire Construction Management ' P.O. Box 7447, Loveland., CO 80537 'Contact; Duane Walker ----------------------------------------------------------------------------- ' Z001 fossil Creek Parkway $422,727.00 Andover/Fossil Creek. for Andover/,fossil Creek 6307 Washington Avenue, Houston, TX'77007 Contact Bob Campbell ph (713) 880-5800 ' --------------------------------- 7-------------------------------------------- 2001-2002 Nossuw Drive Improvements $492,438.00 SUBCOXTIZA.CT Coulson Excavating for Coulson Excavating, Inc, ' 3609 North CounL'y Road 13, Loveland, CO 80538 Contact; Jack Sullivan (970) 667-217B ---------------------------------------------------------------------------- 2001-2002 Highway 34, 71st to 47th, $330,028 00 SUBCONTRACT CDOT #Ndl 0342-035 Coulson Excavating for Colson Excavating, Inc. ' 3609 North County Raod 13, Loveland, CO 80538 Contact Jack Sullivan (970) 667-2178 ------------------------------------------------------------------------------ 2002 Kc chLor Road Improvements $316,221.00 SUBCONTRACT ,fort Collins, -�'CO Gerrard Excavating for Gerrard Excavating, Inc. ' 1739 South Cou.uty, -ltoad 13C, Loveland, CO 80537 Contact Bill Nickle (970) 669-14G3 ' 2002 Windsor East -Side Sfi orm Swr $98,186.00 SUBCONTRACT Windsor, CO E-Z Excavating, In ' for E-Z Excavating, Inc. 8123 Indian Peaks•Avenue, Erie, CO 80515 contact Dan Zweck ( 303 ) 772-81 21 I _________ ____ ---- ---------_------ 2002-03 Windsor Reservoir #8 $281,320.00 SUBCONTRACT ' Dam Rehabilitation darker Constructic for Barker Construction, Inc. ' 142 North Timberline Road, Fort Collins, CO 80524 Contact'Dick (970) 482-9526 ----------------- ------------------------------ 2003 Fort Lupton Outfall $109,523.00 SUBCONTRACT Rehabilitation E-Z Excavating, Ir for E-Z Excvating, Inc. 8-123� Indian Peaks Avenue, Erie, CO 80516 'Contact Myrl Davies (303) 772-8121 -- --------------------------------------- 2003 Highland Meadows Golf $242,608.00 SUBCONTRACT Course Box Culvert Gerrard Excavatin! for Gerrard Excavating, Inc. 1739 South County Road 13C, Loveland, CO 80537 contact Dill Nickle (970) 669-1463 ---------------------------------------------------- 2003 LaMay Avenue Widening $216,922.00 SUBCONTRACT City of Fort Collins Gerrard.Excavatin!. for Gerrard Excavating, Inc. 1739 South County Road 13C, Loveland, CO 80537 contact Bi 1 1 Ni ckl e (970 ) 669-'1463 ------------------- 2003-04 Erie Lake Dam Rehab. $103,635.00 SUBCONTRACT E-Z Excavating, I for E-Z Excavating, Inc. 8123 Indian Peaks Avenue, Erie, CO 80516 contact Myrl Davies (303) 772-8121 ------------------------------------------------------- 2004 Centerra East Box Culvert $628,857.25 Empire Management ' Schedule "A" Empire Construction Management ' P.O. Box 7447, Loveland, CO 80537 contact Dwayne Walker 2004 Centerra East Box Culvert $591,811.20 SUBCONTRACT Schedule "B" Schmidt Earth Bldrs. for Schmidt Earth Builders, Inc. 7250 Greenbridge Road, Windsor, CO 80550-8000 a contact Charlie Bauer (970) 962-9091 ----------------------- 2004 Ptarmigan Pump Station $169,255.00 SUBCONTRACT Windsor E-Z Excavating for L'-Z Excavating, Inc. 3123 Indian Peaks Avenue, Erie, CO 80516 O contact Myrl Davies (303) 772-8121 n --------- --------------------------------------- 2004-05 Low Point Wastewater Treatment Plant, SUBCONTRACT Excavating �I Johnstown $978,281.00 Gerrard for Gerrard Excavating, Inc. 1739 South County Road 13c, Loveland, CO 80537 contact Bill Nickle (970) 669-1463 -------- 2004-05 Westerdoll Lake Dam $259,592.00 SUBCONTRACT Rehabilitation, Loveland Connell Resources for Connell Resources, Inc. 4305 East Harmony Road, Fort Collins, CO 80528 contact Dave Simpson (303) 623-3151 ---------------------------------------- 2004-05 Jefferson Street Bridge, $419,538.00 SUBCONTRACT Wellington ZWZ, LLC for ZWZ, LLC P.O. Box 1365, Wellington, CO 80549-1365 contact Fred Ziegler (970) 218-7080 _ ___ __ ------------------------- 2005 2534 Sanitation Imps. $177,553.00 SUBCONTRACT Loveland GERRARD EXCAVATI14G i ;for Gerrard Excavating, Inc. 1739 South County Road 13c, Loveland, CO 80537 contact ,Bill-Nickle (970) 669-1463 -------------------------------------------- 2005 i.:onald',-.Reagan St Bridge $551,343.00 SUBCONTRACT Wellington ZWZ, LLC i for ZWZ, LLC P.O. Box 1365, Wellington, CO 80549-1365 contact Fred Ziegler (970) 218-7080 2006 T i.mbe.r 1 .i ne Road W.ideng $524 , 26,9 . 00 SUBCONTRACT DI"or t Co] l ins CC) NNEL.1, RESOl1RCES f o.r C ONNELL R1;SOURC5 , INC. 4305 Ear ;t Harmon , v Roa(1. Fort C:ol l ins, co ;,0528 CorltaCt 17tcve S.iln)son ! 303) 623-3151 D --.----------------------------- 2006 Centerra Prlrkway North $661 .3)64.00 SUBCONTRACT Love 1and (::UNNELL RESOURCES Ifor C'ONN E' .1. RESOURCES, INC 430-5 I;tasC Harmony Road, Fort Collins. CO S0528 ' conLtl(.,(. Dave Simpson (303) 623-3.1-5). -------------------------------------------------------------------- 2006 C'c)rni;.;h Plains Reservoir $232,723.00 SUBCONTRACT L,o.v c 1 and SC.1-11NI.T LYY EARTH BUILDER fo.r SC'l)Iv1JDT EARTH BUILDERS, INC'. ' 7250 Green* iclge Road, Windsor, c'O 30550-$000 contact Mark VonRonb: (970) 962-9091. ' 200, $;275 , 46 7 .00 5UEiCON'I'RACT Fu 1- t Co l l ins GERI:ARD EXCAVATING Dfor Lill rnrd E'Xcavatin`, Inc. 1739 SouL)l County Road 13c, Loveland, Co 8053 c'c.int.a.cL I3i.11 Nickle (970) 669-1463 2.007/8, Mariana. Butte 14th Bridge $719,220.00 DE1L1: MEADOWS METRO lll �T Fort C'ol 1 ins for Deer Meadows Metro District 9201 Past Barry Avenue. Greenwood Village, CO 30111 ig 55 ' contact----- --1-louse-- ---)----------------- --------•---------------- 2005 5orcp ; tone: Pia i 1 i c Access Rd $501 , 027 .00 SUBCONTRACT Fart Co I I ins SC'11M1>:1' 1 AT:1-1-I I;UI LDEP for SCHNIJI),17 EARTH BUILDERS, INC. D 7250 GO-cenridge Road, Windsor, CO 50550-5000 contact Ma.r,k VonRonk (970) 962-9091 '--- ---------------=------------------------------------------------- - 1 . 1 SECTION 00020 INVITATION TO BID Date: September 29, 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 October 21, 2009, for the Bridge Replacement - Whitcomb and Magnolia; BID NO. 7081. 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 7081 Bridge Replacement - Whitcomb and Magnolia. The project includes construction of a 14x2.5 foot cast -in -place concrete box culvert, curb and gutter, two driveways, sidewalk and two access ramps with truncated domes. . All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available September 29, 2009. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m. , on October 8t', 2009, at 215 N. Mason, Conference Room 2E- 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. 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. Rev10/20/07 Section 00020 Page 1 2008 Arvada Misr_. Drainage Imps $106.523.00 SUBCONTRACT Arvada, CO DIAMOND CONTRACTING. INC. for DIAMOND CONTRACTING, INC. 18300 Highway 72, Arvada, CO 80007 contact Chris Cole (303) 456-7666 --------------------------------------------------------------------------- 2008 NISI Building, boulder $154,220.00 SUBCONTRACT 32.5 broad.wav, boulder NIXCAVATING, INC.. for NIXCAVATING, INC. P.0. Lox 2232, Longmont, CO 80502-2232 contact Niel Spooner. (303) 776-8893 2008 HARMONY/ZIEGLER P..OAD IMPS. $289,126.00 SUBCONTRACT Fort Collins, CO GERRARD EXCAVATING, INC. for GERRARD EXCAVATING, INC 1739 South County Road 13c, Loveland, CO 80537 contact bill Nicholl (970) 669-1463 ---------------------- -------------------------------------------------------- 2008 GREELEY IRPJGATION CO $198,212.00 SUBCONTRACT 2009 Canal r3, Greeley, CO BAP=R CONSTRUCTION, INC. for BARKER CONSTRUCTION, INC. 14? North Timber.liile Road, Fort Col. Iins, CO 80524 contact Dick Bivens (970) 482-9526 ------------------------------------------------------------------------------- REFERENCE "C" I CONCRETE STRUCTURES, INC. 1 1 1 1 Description I • 5 — Concrete Vibrators 2. Mobile Radios 3. 4 — Honda Generators 4.. 2 — Welders at $1,500 each 5. 3 — Water Pumps 6• 2 — Compactors at $700 each 7. Case D530 Forklift 8• Ingersoll/Rand Air Compressor 9• Gomaco 350 Finishing Machine 10. 1981 Grove Rough Terrain 22 Ton Crane H. 2000 Cat Slid Loader 12. Multiquip Generator TOTAL ID Number Value 2,000 4,500 7,000 3,000 1,100 1,400 8258291 5,000 P] 85WJD 8,000 to Follow 15,000 47813 80,000 04NZ00539 22,000 7101956 6,000 155,000 While every effort has been made to provide a brief outline of insurance as complete and accurate as possible, it does not contain a full restatement oflhe contracts. These highlights are not a substitute for the actual policy and in the event of any conflict or omission, the terms of the actual contract of insurance shall be parannount in every instance. Please refer to your policy for all coverage details. n.clientdatabase.C.2008siun.concretestrticitires.TRIS(DGRI)010809.nb 10 .!, ;.... f.; �.1 . }" 4JC'v-: 1Y.K 9:!uY '(I!, 11 f1, lf' { N'. .i:tG iti.l1 ...:�`V - Err. I1 1. t-- A - iL �•'. i.. }t .�i � ,�x:K��:'�'; 04•`-. .: {]'.1 V:{rrr.: >.�•I.'.o. 4':M 1J':. t p4t'� e'+lF;a t�tt�k: ;� , y, A f , �p1"� 9 f ✓ i y �. �'It� i.� i :a' :'t��{y., it I,. {9 y M ',h I : 'i 'i, `�`r /�( i .I :'t�4:. t�-.. 1 r Y '1 r�;C .7�r"x. � .t a b. t Deductible ' Description ID No. Comp. Coll. 1. 2000 GMC Sierra 0500 1GDJC34F2YF402148' --- --- ' 2. 2001 Dodge Ram 3500 3B6MC36651M283701 $1,000 $1,000 3. 1969 Fruehauf Trailer MA187716 --- --- 4. 1967 American Trailcr 15425 5. 1998 Homemade Trailer 0317275CO --- --- ' 6. 1967 Timpte 40' Trailer Handmade Trailer 241101 --- --- 7. 1997 1D031633000 8. 1999 Homemade Trailer 1D0317492CO --- --- 9. 1988 GMC C6500 C7D042 IGDJ7D1B1JV514463 --- --- 10. 2001 GMC Sierra C3500 IGDJC3411 IF185377 $1,000 $1,000 11. 2003 Chevrolet Silverado K2500 1GCK29U63Z139740 $1,000 $1,000 12. 1997 Homemade Trailer ID031638000 --- --- 13. 2003 GMC Sierra C3500 1GDJC34103E199425 $1,000 $1,000 14. 2004 GMC Sierra C3500 IGDJC34224E277245 $1,000 $1,000 15, 16. 2005 GMC Sierra K3500 2006 GMC Sierra C3500 1GDHK39255E341595 IGDJC34D26E246419 $1,000 $1,000 $1,000 $1,000 17. 2000 Ingersoll Rand Air Compressor P185WJD --- --- 18. 1981 Grover Rough Terrain Crane 47813 --- --- 19. 2007 GMC Sierra 0500 1GDJC34D57E138443 $1,000 $1,000 ' 20. 2008 GMC Sierra K2500 1GTHK23K88F111605 $1,000 $1,000 21. 2008 GMC Sierra C3500 1GDJC34K78E130234 $1,000 $1,000 ' 22. Multiquip Generator 7101956 --- --- Physical Damage applies only to those vehicles where Comprehensive and.Collision deductibles are shown. 1 ' While every effort has been made to provide a Grief outline of insurance as complete and accurate as possible, it does not contain a fuLl restatement.of the contracts. These highlights are not a substitute for the aclual policy and in the event of any conflict or omission, the terms of the actual contract of insurance shall be paramount in every instance. Please refer to your policy jar all coverage details. In.clientdatabise.C.2008sum.concre(estikimires.TRIS(DGRI)OI0809.nb 18 REFERENCE "D" -'-------------------------------------------------------------------------------- ' CONCRETE STRUCTURES, INC. 4325 HILLTOP ROAD LONGMONT, CO 80504 303 440-0634 ------------------------------ ------------------------------------------------------------------------------------------------ Balance Sheet Current Fiscal Year 09-30-2009 12:00p Page 1 ----------------------------------------------------------------------- r - - - - - - - - - - w - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ]SETS SEPTEMBER ' a CASH 258,709.41 MARKETABLE SECURITIES 710,528.39 RECEIVABLES 320,880.35 OTHER CURRENT ASSETS. 48,100.95 FIXED ASSETS 598,498.69 ' ACCUM DEPRECIATION -534,713.26 TOTAL ASSETS 1,402,004.53 11 ------------------------------------------------------------------------- Balance Sheet Current Fiscal Year 09-30-2009 12:OOp Page 2 -'------------------------------------------------------------------------------------------------------------------------------- INABILITIES CURRENT LIABILITIES EMPLOYEE RESERVE LONG TERM LIABILITIES TOTAL LIABILITIES I r ` SEPTEMBER 76,227.44 8,794.13 664,039.75 749,061.32 H _______________________________________________________________________________________________________________________________ Balance Sheet Current Fiscal Year 09-30-2009 12:0Op Page 3 - '------ -------------------------------------------------------------------------------- ----------------------------------------- CAPITAL CAPITAL T TAL CAPITAL 3�TAL LIABILITIES + CAPITAL I Li SEPTEMBER 652,943.21 ---652,943_21 1,402,004.53 0 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 11 ' SECTION 00510 NOTICE OF AWARD Date: October 29, 2009 ' TO: Concrete Structures, Inc. ' PROJECT: 7081 Bridge Replacement - Whitcomb and Magnolia OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified' that your Bid dated October 21, 2009 for the above project has been considered. You are the apparent successful Bidder and have ' been awarded an Agreement for 7081 Bridge Replacement - Whitcomb and Magnolia. The Price of your Agreement is One Hundred Forty Four Thousand Three Hundred ' Thirteen Dollars ($144,313.00). 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 1 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 November 13, 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 By: 1 Jam s B. O'Neill, II, CPPO, FNIGP •ir ctor of Purchasing & Risk Management 1 I Section 00510 Page 1 SECTION 00520 ' AGREEMENT THIS AGREEMENT is dated as of the 29th day of October 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 Concrete Structures, 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 7081 Bridge ' Replacement - Whitcomb and Magnolia and is generally described in Section 01010. ' ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Engineering Department, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with. completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES ' 3.1 The Work shall be Substantially Complete within Forty Five (45) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment ' and Acceptance in accordance with the General Conditions within Fifty Two (52) calendar days after the date when the Contract Times commence to run. F1 1 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and.that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. Section 00520 Page 1 1 11 1) Substantial Completion: Four Hundred Thirty Dollars ($430.00) for each calendar day or fraction thereof that expires after the forty five (45) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial for each calendar seven(7) calendar the Work is ready ARTICLE 4. CONTRACT PRICE Completion, Four Hundred Thirty Dollars ($430.00) day or fraction thereof that expires after the day period for Final Payment and Acceptance until for Final Payment and Acceptance. 4.1. OWNER shall pay CONTRACTOR accordance with the Contract Documents Hundred Forty Four Thousand Three Hundred accordance with Section 00300, attache reference. for performance of the Work in in current funds as follows: One Thirteen Dollars, ($144,313.00) , in d and incorporated herein by this ' ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with ' Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ' 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided ' below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit ' Price Work. 5.1.1. Prior to'Substantial Completion, progress payments will be in the. amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the ' General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been ' satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial . ' Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by. documentation satisfactory to OWNER as provided in Section 00520 Page 2 No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. 1 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 1 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 1 . By 1 James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director 1 1 Rev10/20/07 Section 00020 Page 2 1 paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the ' remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ' ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. ' 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes ' responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers' necessary for the performance or furnishing of the Work at the Contract Price, within the Contract 'Timesand 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 Section 00520 Page 3 conditions of the Contract Documents, including specifically the provision of ' paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, ' errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ' ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as ' are referenced in this Article 7, all of which are incorporated herein reference. by this 7.2 Forms for use by CONTRACTOR in performing the Work and related ' actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include,. but are not limited to, the following: ' 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance ' 7.2.3Lien Waiver Releases 7.2.4Consent of Surety 7.2.5Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: ' INDEX OF DRAWINGS ' 1 COVER SHEET AND QUANTITY LIST 2 EXISTING CONDITIONS PLAN 3 REMOVAL PLAN 4 GENERAL LAYOUT 5 PROPOSED FLOWLINE PROFILES 6 PROPOSED GRADING PLAN AND DETAILS ' 7 MANHOLES, BEDDING AND CONNECTION DETAILS 8 TRANSITION DETAILS ' The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. ' Section 00520 Page 4 7.1. Addenda Numbers 0 to 0, inclusive. ' 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 1.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only ' be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS. 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General ' Conditions. 8.2. No assignment by the Contract Documents will a party hereto of be binding on any rights under or interests another party hereto without in 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, s assigns and legal representativeto the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 11 F1 F, 1 r ' Section 00520 Page 5 OWNER: CITY OF FORT COLLINS By: JAMES 'NEILL II, CPPO, FNIGP R CTOR OF PURCHASING A D RISK MANAGEMENT ODate. V U; A Attest: .` aCity Cler Address for giving notices: aP. 0. Box 580 Fort Collins, CO 80522 Approved a to Fo �n Ass' ant City ttorney F 1 CONTRAC Co re tructures, Inc. By: Title: D'I^i en / Date: (CORPORATE SEALj1;,-', Attest: t /Adjdresss for giving /notices: r LICENSE NO.: ' Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 7081 Bridge Replacement - Whitcomb and Magnolia 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: Concrete Structures, Inc. By: Title: Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate 1 1 1 1 E SECTION 00610 PERFORMANCE BOND Bond No. 105345731 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Concrete Structures, Inc. (Address) 4325 Hilltop Rd., Longmont, CO 80504 (an Individual), (a Partnership), .(a Corporation), hereinafter referred to as the "Principal" and ' ( Firm) Travelers Casualty and Surety Company of America (Address) One Tower Square, Hartford, CT 06183-6014 hereinafterreferred 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 Forty Four Thousand Three Hundred Thirteen and 00/100 ($144,313.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. ' THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 29th day of October, 2009, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,7081 Bridge Replacement - Whitcomb and ' Magnolia. NOW, THEREFORE, if. the Principal shall well, truly and faithfully perform its ' duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any. extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify. and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay ' and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 1 r 1 Rev 10/20/07 Section 00610 Page 1 ' Bond Number: 105345731 ' PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the ' terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the ' CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, ' each one of which shall be deemed an original, this 3rd day of November 2009. 1 IN P E• NCE F: Principal Concrete Structures, Inc. ' (Title) - _ 4325 Hilltop Rd., Longmont, CO 80504 (Address) (Corporate., Seal) ' IN.PRESENCE`OF: Other Partners Not Applicable By: Not Applicable ' Not Applicable By: Not Applicable IN PRESENCE OF: Surety Tra I rs sual and Surety Company of America ' Susan J. Lattarulo, By -In-Fact Lindsey Knickerbocker, Witness By: One Tower Square, Hartford, CT 06183-6014 ' (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10/20/07 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. 105345731 KNOW ALL MEN BY THESE PRESENTS: that ' ( Firm) Concrete Structures, Inc. (Address ) 4325 Hilltop Rd., Longmont, CO 80504 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and ( Firm) Travelers Casualty and Surety Company of America ' (Address) One Tower Square, Hartford, CT 06183-6014 hereinafter referred to as "the Surety are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a ' (Municipal Corporation) hereinafter referred to as "the OWNER in the penal Sum of One Hundred Forty Four Thousand Three Hundred Thirteen and 00/100 ($144,313.00) in lawful money of the United States, for the payment of which sum well and truly to'be made, we bind ' ourselves, successors and assigns, jointly and. severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 29th day of October, 2009, a copy of which is hereto attached-and.made a part hereof for the performance of The City of Fort Collins project, 7081 Bridge Replacement - Whitcomb and Magnolia. 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. IRev 10/20/07 Section 00615 Page 1 Bond Number: 105345731 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to. the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same.shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the -Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety, Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 3rd day.of November , 2009. IN S. CE OF: . Soli c (Corporate Seal) IN PRESENCE OF: Principal By:' Concrete Structures, Inc. IJ91-61 A101 (Title) 4325 Hilltop Rd., Longmont, CO 80504 (Address) Other Partners Not Applicable Not Applicable ' Not Applicable Not Applicable IN PRESENCE OF.: Surety Trave r Casualty a Surety Company of America ' Susan J. Lattarulo, By: 0. Attorney- n-Fact ' Lindsey nickerbocker, Witness By: One Tower quare, Hartford, CT 06183-6014 (Address) (Surety Seal) ' NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 1 ' Rev 10/20/07 Section 00615 Page 2 SECTION 00100 INSTRUCTIONS TO BIDDERS WARNING: THIS POWER OF ATTORNEY POWER OF ATTORNEY TRAVELEM Attorney -In Fact No. 2 19554 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company . Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 313 6 7 2 6 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty. and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,.that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance .Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint James S. Rosulek, J. R. Richards, Susan J. Lattarulo, Frank C. Penn, DiLynn Guern, Kevin W. McMahon, Mark Sweigart, Florietta Acosta, Tiffany McGonigle, Donald E. Appleby, Gloria C. Blackburn, and Deanna M. Robichaud of the City of Denver , State of Colorado , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted,m any:actions or,proceedings allowed by law. IN WITNESS WHEREOF, the Com ames have caused this instrument to be,signed'and their corporate seals to be hereto affixed, this 21 St day of July 009 Farmington Casualty Company `�;�� St. Paul Mercury Insurance Company Fidelity and Guaranty4I surance�Company�) Travelers Casualty and Surety Company Fidelity and Guaranty Insui'*arice"Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company G�SU.� qPa••• FARE 6� 'N ININSUN, tY AN ! 7X': �p0.PORAT�:; �W HARTFORD, i •+ H4RIF'6RD, '9 i IM' F€ 1896 1951 ��•se � �; 'o' coNN. � cam. a N � a �•. AL;o3 STsAL!.r j �a !,N .� � SUxwNCE` {SM� a;[.. 't�dD bb AEA • ,� 'V annm State of Connecticut City of Hartford ss. 01 By: �N_ Georg Thompson, enior ice President On this the 21st day of July 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TET In Witness Whereof, I hereunto set my hand and official seal. TAIi My Commission expires the 30th day of June, 2011. p�L1GS `t'(\ any► C . � Marie C. Tetreault, Notary Public 58440-4-09 Printed in U.S.A. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United'States Fidel y�and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compai_nytes�which-is in�full force�and�effect and has not been revoked. 3rd November 09 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said�Companies this day of 20 1� Kori M. Johans Assistant Secretary G0.5U,��f CyF10.E 6y O�'R �NSrj9 Jpj.INSVgq 9JPltY A/y0B �1a16 _'.,ry ��yjtr,tyo 2 �. S' t � � ,;. ' n , , i ... ' o i W CONN. n �\ c�xm• / R q 1896 ,y 1951 % o. ��SEALiot �•S8 W ° �.,,_,/ `1 < bey . �N ! � s�F Mm �c° �S .•A�f �}s... �. *d°D psi �a+�� . �t!'I AIN� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Rev 10/20/07 Section 00615 Page 3 rlie-nt:E- z;7i_i0 Rrrr)MrrGTR 1 1 1 1 ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE 11/03/090lYYYY) .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 INSURER A: Transcontinental. Insurance Company 20486 Concrete Structures, Inc. 4325 Hilltop Road Longmont, CO 80504 INSURER B: Transportation Insurance Company 20494 INSURERC: Pinnacol Assurance 41190 INSURER D: Travelers Property Casualty Company 36161 INSURER E: - r.0VFR1ftr;FS 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. INSR LTR D NSR TYPE OF INSURANCE POLICY NUMBER - POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A. GENERAL LIABILITY 2047965998 11/30/08 11/30/09 EACH OCCURRENCE $1000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR DAMAGE TO RENTED PREMISES occurrence) - s300 000 IVIED EXP (Any one person) $5 000 PERSONAL & ADV INJURY $1 000,000 GENERAL AGGREGATE $2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 Limited Jobsite POLICY X PEA K LOC Pollution 11/30108 11/30/09 $1 000 000- $2,000,000 B AUTOMOBILE X LIABILITY ANY AUTO 2047965984 - 11/30/08 11/30/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ FX $1,000 Comp Ded Per Schedule Actual CashValue PROPERTY DAMAGE (Per accident $ X $1,000 Coll Ded GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS/UMBRELLA LIABILITY X OCCUR 7 CLAIMS MADE 204966004 11/30/08 11/30109 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 $ $ DEDUCTIBLE S X RETENTION S 10000 C WORKERS COMPENSATION AND 4103172 04/01/09 04/01/10 WC STATU- OTH- y I t F ' EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $100,000 E.L. DISEASE - EA EMPLOYEE $100,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500.000 D OTHER Owned QT6606045BO68TILOB -11/30108 11/30/09 $155,000 Total Limit Leased/Rented $125,000 Blanket Limit Contractors Equip $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project Description: 7081 Bridge Replacement - Whitcomb and Magnolia This Certificate of Insurance represents coverage currently in effect and may or may not be in compliance with any written contract. (See Attached Descriptions) %,r-r< 1 lnliFi I c MULUr-r[ UANGtLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3W DAYS WRITTEN P. O. BOX 580 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fort Collins, CO 80522 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - kL:UKU Zb (ZUU1/Ub) 1 of 3 #S653466/M625439 8NPER © ACORD. CORPORATION 1988 1 1 1 1 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. I U:UKU Zb-J (ZUU"I/Ub) 2 of 3 #S653466/M625439 'DESCRIPTIONS ,(Continued from" Page * The following cancellation conditions always apply: 10 days for non-payment of premium - If policy shown, 10 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance AMS 25.3 (2001/08) 3 of 3 #S6534661M625439 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7081 Bridge Replacement - Whitcomb and Magnolia 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 REMARKS: Rev 10/20/07 AUTHORIZED REPRESENTATIVE DATE Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: , 20 You are hereby notified that on the day of 1 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7081 Bridge Replacement - Whitcomb and Magnolia. 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: 1 20 . Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title. Rev10/20/07 Section 00640 Page 1 tSECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT:7081 Bridge Replacement - Whitcomb and Magnolia 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or .performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished,*delivered or performed by the CONTRACTOR or its agents,.employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the e 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. Rev1oi2oio7 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 20 , by Witness my hand and official seal. My Commission Expires: Notary Public 20 Rev10/20/07 Section 00650 Page 2 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 mu-st 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 preparedon the form provided in Section 00420. Rev10/20/07 Section 00100 Page 1 1 1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 7081 Bridge Replacement - Whitcomb and Magnolia CONTRACT DATE: In accordance with the provisions ons of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of ( Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final. Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) 11 By ATTACH: Power. of Attorney and Certificate of Authority of Attorney(s)-in- Fact. Rev10/20/07 Section 00660 Page 1 SECTION 00670 Section 00670 Page 1 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) H uv NU I VVKI I t IN I till bPAGE The exemption certificate. for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 89 - : 0170-750 (999) $0.00 I . S{'r✓7L xx` sa�}�FFttszc»�gfxiy3`e{�j✓"a '", Y }. �i�.b` fdYl}�"`.iAy3�t'k'•i ... p y xj a t,.. ^t"''. `�'�'C.ti CONTRA NTOR INFORMATION. Sy y"'s'oaa�rL: i�.` i£ `'�°'. ,' �- Y', A'x'+ 't4ri? wT�-w.; r xr...� ar.0 s^++-'�2Ei. ,:ry *� � a r ":r- 3 c tip``- '.'�i,i71*#.a✓-ai*Isis..to.i».rA"'�`_V._.-v'.N.4's G � °3 4p�-5� �yy.7s.t, )�L 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. ( 4� 7' 4 8 7 4 4'e �+:. y - .,ti `S,s�i' IiA". 1. r'ilx.�k4AiY� b'�'�' fi j R{Uary¢ , r�+..1 EXv 4 5 a=_Copyes�ofcontracoragreemen pages(1+)e dentifjr3ngsthecontacUn9 Parties: IN�Oj_RMAT�ON andy (2) corn>aiynomg,Esignatures of contractI :liarUaes must;be attacFied 3EMPTIOtiN �5.`"`'._.s��:�'r�iC���I4 Name of exempt organization (as shown on contract): Exempt organization's number: 198- 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 lies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start datecompletion date: K" �{ ��`.� d.' 't� � '� � R �ZS' q�' $ L z �� �� �>� 3�? •.x' 1. �t i } , A''41,i "Y SS'a^}"" _�.'�"`t�'S'��5 3�P.'r��115� '^r� '" )i i4�..9?/....,�'.v?�v7.�a��'Y�W�/4�:xs�n.r���,n�i:d:;�?L'Fit'Cib> ��� 5^9 ee"Sl iX'';Y..t�:�r. ) �'...g,i0i ('!}fzl�.<5.f�'�ht� �•y. gx,Y #�'TLs�4���i �� �f5 4,.�.'{�i} l 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 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt 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. Section 00670 Page 3 SECTION 00700 GENERAL CONDITIONS F L 1 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 shoccn by underlining text that has been added and striking through test that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) I I I I I I I I I I I I I TABLE OF, CONTENTS OF GENERAL CONDITIONS Article or Paragraph page Article or Paragraph Number & Title Num hcr Number & Title DEFINITION'S I - I Addenda 1 1.2 Agreem,cnk ........................... .............. 1 1.3 Application for Payment ......... .......... _1 1A Asbestos. ..... ............ I 1.5 .................. Bid .. L6 Bidding Documents......_ .... ................. I 1-7 Bidding. Requir em ents .......................... I 1.8 Bonds 1.9 Change Order....__..._. ................ -10 I.10 Contract Documents .......... ........... 1. 1.11. Contract Price,,,,,,,,,,,,, 1-12 Contract Times 1.13 CONTRACTOR 114 cz 'fective .................... ........................ 1,15 DmwinQs 1.16 Mcctiye Date ofthe Agreement,,,,..._... I 1.17 ENGINEER 1.18 ENGINEER 1-19 Field Order 1.20 General Requirements ......................... 1-21 Hazardous Waste 1.22.a Laws;and Regulations; Laws or ....... Regulations,,, I ....... - .................... 'y I.21b Legal 116fidays ................... ........... -- _2 1.23 Liens -2 1.24 Milestone 2 1.25 Notice of Award,.-_.. 1.26 Notice to Proceed- ........................ 2 L27 OWNTER LIM ............................ Partial Utilization 2 1.29 PCBs .:.. 2 1:30 Petroleum. 1.31 ...... ** ---------- Project...._.... 1.31a Radioactive Material 1,32.b .... ................. Regular Working Hours...................... 1.33 Resident Project Representativ . .......... 1.34 1.35 Shop Drawings ................ 1.36 Specifications 1.37 Subcontractor....... ........ ......... ................ 1.38 Substantial Completion ............. ....... 1.39 Supplementary Conditions., 2 1.40 .................. Supplier 1.41 ...................:..........................2 Underground Facilities, ..................... ?-3 1.42 Unit Price Work ..................................3 1.43 Work 3 1.44 Work Change Directive ......................3 1.45 Written Amendment Page Number 2. PRE-LIMDJARJ7 MATTERS 3 2.1 Delivery of Bonds._.,,,,., .......... 3 2.2 Copieslof Documcrkt5 ....................... 3 2-3 Commencement of Contract Timm Notice to Proceed-.1 ----- 3 2.4 1 Starting the Wort..,,-* ............ 1.5-17 Beforesuaing Construction: CONTRACTOR's Responsibility to Report; Preliminary Schedilcs; Delivery of Certificates of Insurance 2.8 Pteconstruction Conference .......... 4 2.9, I 1. Initially Acceptable Schedules.... . ...... 4 3. CONTRACT DOCUMENTS! INTENT, AJ�ENDTNIG, REUSE 4 3.1-3,2 Intent ... ... 4 3.3 Reference to Standards ari-d Speci- fications of Technical Societies: Reporting and Resolving Dis- crepancles ................................. 4-5 3.4 Intent.ofCcrtain Terms or Adjectives '** .......... *"*'*'***"* ........... 5 3.5 Amending Contract Qocuncnts, 3.6 ...... Supplementing contract _5 Documents............ 17 Reuse of Documents 5 4, AVAILABILITY OF LANTDS,- SUBSURFACEAND PHYSICAL CONDITIONS: REFERENCE.POINTS 4.1 Availability of Lands ............ ......... 5-6 4.2 Subsurf6ce 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 Condition; .................. G 4.2.4 ENGINEER's Review 6 4,2.3 Possible Contract Documents Change ,.: .................. ...... 6 4.2.6 Possible Price and Times Adjustments....... ................ 6-7 4.3 'PhYsical Colidtions--Undc'rground Facilities . ....................... 7 4.3.1 Shown or Indicated 7 4.3.2 Not Shomm or Indicated ...... ; ............ 7 4.4 Reference Points 7 EJCDC GENERAL CONDITIONS 1910.3 (1990 MilloN) W/ CITY OF FORT COLLINS MONFICATIONS (REV 9f991 L, Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material,,,,,,,,,,,,,,,,,,,, 7-8 5. BONDS AND INSURANCE ................................. S 5.1-5.2 . Performance, Payment and Other Bonds S 5.3 Licensed Sureties and Insurers; Certificates of Insurance 8 5.A 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 ProNision 10 59 CONTRACTOR's Responsibility for Deductible Amounts 10 5:10 Other Special Insurance .:....................10 5.11 Waiver of Rights,,, 5.12-5.13 Receipt_ and Application of Insurance. Proceeds ...................... 10- I 1 5.14 Acceptance of Bonds and Tnsu- once; Option to Replace ....................11 5.15 Partial Utilization --Property Insurance., ............................ I 1 6. CO1Tf.RACTORS.RESPONSIB1LiTIES 11 6.1-6.2 Supervision and Superintendcnce,,..... 1 I 6.3-6.5 Labor,,MaterialsandEquipment— 11-12 6.6 Progress Schedule .................... ..........12 6.7 Substitutes and ".Or -Equal" Items: COIF'[RACTOR s Expense; Substitute Construction Methods or Procedures; ENGIblEER's Evaluation 12-13 6.8-6.II 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 Promises ................................: 15 6.1.7 Site Cleanliness ..................... 15 6:18 Safe Structural Loading ,,,,,,,,,,,,,,,,,,,;,15 6.19 Record Documents ............................. 15 6.20 Safety and Protection,,,,,,,,,,,,,,,,,,,, 15-16 6:21 SafgtyRepresentative .........................16 6:22 Hazard Communication Programs 16 6.23 Emergencies......:............................16 6.24 Shop. Drawings and Sam pies. . .......... _16 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal 16 6.26 Shop Draining & Sample Submit- tals Review by ENGINEER16-17 6.27 Responsibility for Variations From Contract Documents.,,.,..,..;.17 6.28 Related Work Performed Prior to ENGMEER's Review and Approval of Required Submittals . 17 6.29 Continuing the Work, .............. I ...... 17 6.30 CONTRACTOR's General Warrantrand Guarantee... ...... . .... 17 6.31.6.33 Indemnification 17-18 6,34 Survival of Obligations... .......... J 8 7. OTHER LVORh ....... r........:................................18 7.1-7.3 Related Work at Site,,,,8 . 7A Coordination. ................... ............. 18 8. OWNER'S RESPONSfBILIi:IES IS 8.1 Communicaticns to CON- TRACTOR.................................1 S 8.2 Replacementc[ENGINEER„IS 8.3 Furnish DamondPay Promptly When Due......, 18 8.4 Lands and Ea::ements; Reports and Tests...........................__..18-19 8.5 Insurance....:............_...................,19 8.6 Change Ordrs............._................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 S:10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material - 19 8.11 Evidence ofFinancal Arrangements.... I .....................„ 19 9. ENGINEER'S STATUS DURING CONSTRUCTION ........ i....................................19 9.1 MNER'sRepresentative ...............19 9.2 Visits to Site..................................19 9.3 Project Representative .............. 19-21 9.4 Clarifications;and Interpre- tations ..........:............................ 2l 9.5 Authorized Variations in %ibrk--------21 EICDC GL•NERLAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODiFICA110NS (REV 9/99) Article or Paragraph Number & Title Page Num her Article or Paragraph Number & Title Pagc Number 9.6 9.7-9.9 9.10 Rejecting Defective Work,,,,,,,,,,, Shop Drawings, Change Orders and Payments., ............ ........ Detcrminatims for knit Priceces.__ Prices ,,, 21 2 ` ._ 1-22 13:8-13.9 Uncovering Work at ENGI- NEER's Request,_,,,,...... 13.10 OtkNER May Stop the Work ......... 13.11 Correction or Removal of 27-28 28 9.11-9.12 9.13 Decisions on Disputes; F:NGI- NEER as Initial lnterpreter,,,,,,,,,22 Limitations on ENGINEER's Authority and Responsibilities;-,,,�?-23 Defective Work,,,,,;,,,, ,,,,,,,,28 13.12 Correction Period;;,,,.,,,_-,_,_.28 13.13 Acceptance of Defective Work.-.__,,,.25 13.14 OWNER May Correct Defective CHANGES IN THE WORK ................. 23 Work..................................... 2 8 -2 9 16.1 OWNER's Ordered Change.... ... ........ * 23 1A. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment ......... . 3 10.3 WorkNot Required by Contract Documents......................................21 .23 10.4 Change Orders .. ...........................23 10.5 Notification of Surety.. 23 CHANGE OF CONTRACf PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work .............. ...:....... . 23-24 11.4 Cost of the Work- Y4-25 11.5 Exclusions to.Cost of the Work .......... 25 11:6 CONTRACTOR'S Fee;,,:.,.. 25 11.7 Cost Records >-26 11.8 Cash Allowances. ^6 COMPLETION .. , ., „-- 14.1 Schedule of Values 14.2 Application for Progress Payment..::........tb/. 14.3 CONTRACTOR'S arranty of Title..................., ............:........ 14.4-14.7 Review of Applications for Progress Pa}mlents,,,,, 14.8-14.9 Substantial Completion......:.......y 14.10 Partial Utilization.: 14.11 Final Inspce . ............................... 14.12 Final Application for Payment„__....31 14.13-14.14 Final Payment and Acceptance ....... 14.15 Waiver of Claims,,. ..........,.31-32 29 ^• 9 _29 , , 29 29-30 3 ) �U-31 1 31 11.9 Unit Price Workk.. .. ................. 26 15. SUSPENSION OF WORK AND CHANGE OF COiTRACT TIMES .............. 26 12.1 Claim for Adjustment ..._. 26 Time of the Essence ...I ,,,-.....•....I... 12.3 DelaysBcyond CONTRACTOR's Control,. .... .-I".. "................... , .. 26-2 7 TERMINATION .......... 15.1 OWNER May Suspend Work......... 15?-15.4 OIVIvER May Tcnntnatc....,., , 15.5 CONTRACTOR M2y Stop Work or Terminate,,,, 32 32 ._.3' 32-33 12.4 Delays Beyond Ot3'NER's and CONTRACTOR's Control .... .....:...... 17 16. DISPUTE RESOLUTION „_,,,,, 33 TESTS A\'D INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTAA'CE OF DEFECTIVE WORK....... ...... ........27 13.1 Notice of Defects ............................... 13.2 Access to -the Work-•..........................2 13.3 Tests ,anI Is P..I. x, CONTRACTOR'S Cooperation,-,,..... 13.4 OIVNER's Responsibilities; Independent Testing Laboratory.......27 27 27 17. MIS CELLANEQU$,-.,,,_.._-..... ........................ 17.1 Giving Notice............. .................. 17.2 Computation of Times 17.3 Notice of Clain ...... 17.4 Cumulative Remedies,,,-,,,,,,,,,,,,,,, 17.5 Professional Fees and Court Costs lncludcd,,,,,,;,,,,,,;,,,,, 17.6 Applicable State Laws,,, ........ Intensionally left blank;,, ,,,,,,,,,,;,,,,,,,,,,,,,•.-. 33 33 „33 33 -33 33 a3-34 ... 35 13.5 13.6-13,7 CONTRACTOR's Responsibilities ..... ,..._..... Covering: Work Prior tolnspec- tion, Testing or Approyat................27 27 EXHIBIT GC -A; (Optional) Dispute Resolution Agreement.,..-. GC Al 16.1-16.6 Arbitration „(;C-AI 16.7 Mediation,,,,, ,,,,-GC-A1 E1CDC GENL•RAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (RF%t 9199) INDEX TO GENE RAI, CONDITIONS Ciro 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 p ayment ----- ................ .......... 91Z 14.15 insurance............................ ........ .................. 5.14 other Work, by CONTRACTOR ..........................3 . 7 Substitutes and "Or -Equal" Items. ................... _6_7.1 Worka),.OWNER .................. .....2.5, 030, 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, 9.133 ENGINEER........ 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 lnsurances, ................................ 5.7 Adjustments - Contract Price or Contract Times ...........................1.5, 3.5. 4.1, 4.12, 4.5.2. ........... ...... ......... 4.5-3,9A, 9.5, 10.2-10.4, 11. 12, 14.8. 15.1 progress schedule ... ................ _ ........ ............... 6.6 Agrccnient-- definitionof ......................................................1.2 "All -Risk" Insurance, policy form ........ ........ 5.6.2 Allowances, Cash ....................................................11.8 Amending Contract Documents ................................ 3.5 Amendment, Written -- in general .................M0, 1.45, 3.5, 5.10, 5.12, 6,6.2 ................... ..... 6.8.2, ( ).19, 10.1, 10A, 11.2 .­­ .... * * --- * * ........ ­ 12. 1, 1J.12.2, 14.7.2 Appeal, 01 or'CONTRACTOR intent to, ........9.10, 9.11, 10.4, 16.2, 16.5 ApplicMion for Payment-- definition of .......... M ................. I ........... I ............... 1.3 ENGINEER's Responsibility ............................... 9.9 final payment ' ..... 9. 1 3_4, 9-1.3.5, 14.12-14.15 in general ........ ....... .......... '. 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 oC......................................................1.4 Article or Paragraph Number OWNER responsibility for . .......................... 4:5.1, 8,10 _ _ possible price and times chitnize ............ : ........... 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., ... I— ....... I ......... 1. .... I .... 1.1.25 Before Starting Con§tructioq... ........................... , .5-2.8 Bid --definition of.- ........... (111, 1.10,23, 13, ....... ......... 4.16.4, 6.13, 11.4.3, 11 .9. 1) Bidding Documents -definition of ).6(6-8-2) Bidding Requirements -definition of ..........................................I.7 (1.1, 4,2.6-2) Bonds -- acceptance of..............................................._...5.14 additional bonds 10.5. 11.4.5.9 Cost of the War] ...... 11 .5.4 definition of .................. - ...... .................... ,­J's : del ivery of. . ........................................... 1. ..... 2.1,5.1 final Application for Payment .... ......... _1 4. 12-14.14 general ...................................... 1.10, 5,1-5.3, 5.13, ...................1....................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 fbrm. ....... _ - -..: .......... 5.6.2 Cancellation Provisions, [assurance_,:_.,_,5.4.11, 5.8, 5.15 Cash Allowances , ................................................... 11-8 Corti fichte;otSubstantia I C . ompletion ....... �1. 38, 6.30.2.3, 14.10 Certificates of Inspection ... ............... 9.1 3.4, 13.5,14.12 . Certificates of Insurance ...... ...... 2.7, 5.3. 5.4,11, 5.4-13, ....... ................5.6.5, 5.8, 5.14, 9.114, 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 CONTRACTOR!s fee .......................................... 11.6 Cost of the Work general ...... ............ ............................ 11,4-11.7 Exclusions to ................................................ 11.5 Cost Records .................................7...................11.7 in gerwal ......... I ... 3 : 19, 1.44, 9,11. 10. 4.2, 10.4.3, 11 Lump Sum pricing ...................................... ... 11.3.2 Notification of Surety..................__.................._10.5 Scope o�....................... ........... ............ 10.3-10A Testing and Inspection, Uncovering the Work ......... .............. 13.9 EJCDC GENTIM C01,D]TIONS 1910.8 (1990 EDM ON) wl CITY OF FORT COLLINS MOMFICA11ONS (RFV 9199) 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the .bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the.bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for. the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid .will be accepted from a Bidderwho is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder. shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations. with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Rev10/20/07 Section 00100 Page 2 I I I I I I F I I I I I I F7 I I I I Unit Price Work Article or Paragraph Num be r Value of Work ..................................... ........ _.. 31.3 Change in Contract Times -- Claim for times adjiwstment ........ A. I , 4.2.6, 4. 5, 5. 15, 6.8.2. 9.4. 95, 9. 1.1, 10.2. 10.5, 12. L .....13.9, 13.13, 13,14, 14,7, 15.1, 15.5 Contractual time limi.t1i ...................... ................ 12.,-) Delays beyond CONTRACTOR's control .... ................. ; .......... _1 2.3 O Delays beyond WNTR's and CONTRACTOR's control on 0 ............................. 1 2.4 Notification of surety;,,,,,,,,,,,,,,,,......... I— .... 1­10.5 Scope of change.. . ....... .............. 10.3-10.4 Change Qrders=- Acceptance of'Defeethe Work .... __ ...... ---- 13.13 Amending Contract Documents ............................ .3.5 Cash Allowances 11-8 Change of Con"ttart Priciq ............................... ...... I I Change of Contract Times...................................12 Changes in the Work , ........ I ....................... ....... CONTRACTOR's fee ........................................11.6 Cost of the Work .... I ........... I ...... ................ 11.4-11.7 Cost Records ............................. ............... 11.7 definition of .......................................................i.9 ................ ...... emergencies ....................... ............ ........ _0.23 ENGINEERS responsibility_ .... 9.S, 10.4, 11.2, 12.1 execution of ........... .................... JA .............. If Indemnifictior .1 ......................... 6.12, 6.1.6, 6.31-633 Insurance, Boridganct ................. _ ... 5.10,5-13,10.5 OWNER may terminate.:..,..„.„.„-...,,,,. .. . 15.2-IS.4 ....­ OWNER's Responsibility............................ 8.6, 10.4 Physical Conditions - Subsurface and 4.2 Underground Facilities-- ....... ..................... 4.3.2 Record Documents ..... .............. 619 Scope otchanigq ................................. I ... 1.10.3-10.4 Substitutes .............. ........ ....._ 6.7.3, 6.8.2 Unit Price Work ................................................ 11-9 value of Work,. covered by.,.......... .............113 Changes in the Work . ..................... _.: ............... Notifi.cation of surety ......... ........ __ .............. ... 10.5 OIXWERs and CONTRACTORS responsibilities ................ .............. ....... 30.4 Right to an adjustment ... ­ I ........................ ­10.11 Scope of change ........................................ 10.3-10.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER ......... ........... 6.32 against OWNER 6_32 Change of Coritract Price ................... ....... 9.4,11.2 Change of Contract Times,,,,,,. 9.4, 111 CONTRACTOR's ------ ....... 4. 7.1. 9.4. 9 1 .5. 9, 11 ; 10, 2. ......................11.2, 11.9, 12.1, 13.9,14.8, ............................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 Notice of ....................................... OWNER's ....................PA, ..................PA, 5.5, 0.11, 10.2, '11.2, 1 L9 .................... 12. 1, 13.9, 13.13, 13.14, 17.3 OWNER!s liability. ............................. 5.5 OWNER may refuse to make paymenk .......... ; ..... ... .............. 14.7 Professional Fees and Court Costs included 17.5 request for forml decision 6p .............. ......... p,l I Substitute Items .....6.7.1 _2 ....... Time Extension .................. .................. Time requirements....................................9.11, Unit"Prwe Work .............................................11.9.3 Value of 1.1.3 Waiver. of --on Final Payment .................14.14, 14.15 Work Change Directive.......................I..............10.2 written notice required ...................... 9A 1, 11.2, 12.1 Clarifications and Interpretations., ...... . 3.6.3, 9.4. 9.11 Clean Site ­­ ......... ....... ............ ....... ........... ...607 Codes of Technical Society, Organiiafio . n or Association, ......... I .................. .................... 3.3.3 Commencement of Contract Times: 2.33 Can m unicat ions -- general .......................................... 61. 6,9.2. 8.1 Hazard Communication Programs .......... ........ 6'" Completion - Final Application for Payment .......................... 14,12 Final inspection_..,..._.. ............ 14.11 Final Payment and Acceptance _..: ......... )4.13-14.14 Partial Utilization, ....... ............ ......... 1 ­14.10 Substantial Completion._.............1.38; 14.8-14.9 Waiver of Claims 14.15 Computation of Times ........... ........ ....... _17.2.1-0.2.2 Concerning Subcontractors, Suppliers and Others Conferences -- initially acceptable schedule,; .......... _._ .... .......... 2.9 preconstruction ................................. Is .................. Conflict, Error, Ambig6ity,.Dixr.epancv-- CONTRACTOR to Report. .......................... 2.5, 112 Construction, before startins! by CONTRACTOR ............ I .... .,! 1 2.5-2-7 ConMrtictionMachinety, Equipment, etc.. ............... _6A Continuing the Work ...................................... 6,29, 10.4 Contract Documents - Amending..........................................................3.5 Bonds EJCDC GENERAL CONDITIONS 1910.8 (19Y0 MITION) U'/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 0 Cash Allowances 11.8 Article or Paragraph Number Change of Contract Prig :................................... I Change of Contract Times,........... I ....... .............. 12 Changes in the Work;..............................„10A-10.5 check and verify ...... .............................. ......... Clarifications and Interpretations .........................3.2, 3.6, 9.4, 9.11 definition of ..................................................... LIO ENGINEER as initial interpreter of 9.11 ENGINEER as OWNER's representative..............9-1 general3 Insurance ...................................................... 5.3 Intent.............................................. .......... 3.1-3.4 in mor variations in the Work: ...... ...... _3.6 OWNER's responsibility to furnish data--, ......... OWNER's responsibility to make prompt payment ..........................8.3, 14.4, 14.13 precedence..................................:....:.......11, 3.3.3 Record Documents6.19 Reference to Standards and Specifications of Technical Societies ................................... 33 Related Work 7.2 Reporting and Resolving biscrepaiicies„.;,,,.? 5, .3 Reuseof............................................................3-7 Supplementing .... :....... .......:;...:............,... . ....:... 3.6 Termination ofENGIPIEER's Employment, ......... 8.2 Unit Price Work...:............................................11.9 variations..........................................3.6, 6.23, 6.27 Visits to Site, ENGINEER's.....,_..-,_.................. 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 tnsurancc,,.._....., ......... 5.14 Communications.,..., „ 5.2, 6.9.2 Continue Work ............................... ......... 6.29, 10.4 coordination and scheduling............................6-9.2 definition of....................................................1.13 Limited Reliance on Technical Data.4uiho6zed.......4.................................4.?.2 May Stop Work or Terminate ........ :.................... 1.5.5 provide site access to others ................... 1.2, 13.2 Safety and Protection,,,,,,,,,,,,,,; •; 4.3.1.2, 6.16, 6.1 S, 7.2, 13.2 Shop Drau7ng and Sample Review Prior to Submittal......................................... 6.255 vii Stop Work requirements..................................4.5.2 CONTR_ACTOR's- Article or Paragraph Number Compensation_..... 11,1-11,2 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... ._.........I .... �i.12. 6.16,,6.31-G.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 complefe theWork ................. ......... .......................... 0,30 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, 6.67 ......I .................. 6.29, 10.4. 15.2.1 Request for formal deeisionon disputes,••.,,,,.,,•„ 9.11 Responsibil ities-- 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 ................ 5.25 Coordination of Work... Emergencies ................... .........;.................. 6.23 ENGINEER'S 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, 1.2, 7.31 8.9 Hazardous Communication Programs ......... - 6.22 indemnification„ ................................. 6.31-6.33 EJCDC GENERAL CONTIATIONS 1910-•8 (1990 EDITION) wl CITY OF FORT COLLIN3 MODIFICATIONS (REV 9199) Labor, Materials and Equipment._.._..__... 6-3-6.5 Laws and Regulations,__, ............... 6.14 Liability Insurance .................................. 5.4 Article or Paragraph Number Notice of variation from Contract Docwu ents ""* ............... ­ .................... �5.27 Patent Fees and Rdyaliies Perm its . .- .................... ; ....... ............... Progress Schedule ............. : .... 6.6 Record Documents ............................... 6.19 related Work performed prior to ENGINEURs.60piro"I of required submittals..... .... ................................... 6.28 safe structural loading., .......... ...... ....6.18 Safety and Protection ............. .... 6?0. 7.2, 13.2 Safety Representative ...... ...... ............ 6.21 Scheduling the Work ........................... I ...... 6.9.2 Shop Drawings and Samples,....,..- ............... 6.24 Shop Drawings and Sinhples Review by ENG ]NE7 E R ......................................6.26 Site Cleanliness ........ .. ............. . ................ .. 1,17 Submittal Procedures 6� Substitute Construction Methods and Procedures. - ... ............................. 6.7.2 Substitutes and " . Or -Equal" Items ................6.T1 Superintendence.......................................... 6.2 Supervision.......- ... ..................... .........6.1 Survival of Obligations ................................6.34 Taxes.......... ............................ .................... 615 Tests and Inspections., .......... 115 To Report ........................................ Use of Premises.,,,.,....,... ,_, 6.16-618, 6.30.2.4 Review Prior to Shop Drawinge or Sample Sulwnittal ...................... .................. 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim .... ........ 4, 7.1, 9.4, 9. 5, O. 11, 10. 2, 11, 2, ......... j 1.9, 12.1, 13.9-. 14.81 15'. 15.5, 17.3 Safety and Protection ..................... 6.20-6.22, 7.2, 13.2 Safety Representative ......................... : 6.21 Shop Drawings and Samples Submindh ..... 6.24-6.28 Special Consultants..._.,_.. ............. ­­.] 1.4.4 Substitute ConsOuction Methods and Procedures 6.7 Substitutes and "Or -;Equal" Items, Expense............ AT], 6.7.2 Subcontractors, Suppliers and Others .......... A 8-6. 11 Supervision and Superintendence ......... 6 1, 62, 6.21 Taxes, Payment e t by ................... _ ...... 6.15 Use of Premises ........ ................ 6.16-6.18 Warranties and guarantees .......................... 6.5,6.30 Warranty of Title . 1. 1. '... .... ...................... Written Notice Required - CONTRACTOR stop Work or term inate ........ 15.5 Reports of Differing Subsurface and Physical Conditions ............. .......... 4.2.3 Substantial Completion...,...... ............... 14. 8 Viii CONTRACTORS -other 7 Contractual Liability Insurance ..1.1 ....... ........... 5-.4.10 Contractual Time Limits Article or Paragraph Num ber Coordination- CONTRACTORs responsibili ty ........ ............... 6,9,2 Copies of Documents- ....... I ............................. Correction Period .................... .............. 3. 12 Correction, Removal or Acceptance j of Defective work- in general.. ............................... ** .......................... .... 10.4.1, 1110- 13,14 Acceptance ol'Defective Work ......... .............. 13.13 Correction or Removal of Defective Work....., 13.11 Correction Period ............................................13.12 *""** .............. ........ J 3.12 OWNER May Correct Defective work ...... 13.14 OWNER May Stop Work . ................... 13.10 Cost - of Tests and Inspections ................... .................. 13.4 Records 113 Cost of the Work - Bonds and insurance, additional ................... j 1.4.5,9 Cash Discounts .................. ................ ... J1.4.2 CONTRACTOis"'ic'e' * ........ * ...... ...... . 11.6 ........... Employee Expense!k ........... * ..............I . ­' . 11.4.5.1 Exclusions tQ .............. ................ ....... .....1 1.5 General I 1 4-11.5 Home office and overhead eXPen! S ..................... 11.5 Losses and damages ................... : ................. 11.4.5.6 Materials and equipment....___... *'*'-*--*--- I I . .4.1 Minor expenses.,,__ * ...... ................... 11.4.5,; Payroll costs on changes,....,,,. ............ 11.4.1 performed by.Subcontraciors.., ... ............. 1.1.4.3 Records 11.7 Rentals Of construction equipment and machinery_,,,...,.. ........................... 11.4.5.3 Royalty payments, Penn its and license fees, ...... ......... ........ 1.4.5.5 Site office and temporaiy facilities ....... ........ 11.4.5.2 Special Consultants, CONTRACTOR's ............. 11.4.4 Supplemental ..... 11.4.5 Taxes relatcd,to the Rork ........... ................ Tests and inspection .............. ; ........................... 13.4 Trade Discounts...,........ j . 1.4.2 Utilities, fuel and sanitary facilitii '* ............... 114.5,7 Work after regular hours,,.,...................- .......... 11-4.1 Covering Work � ..................... ................. ...... 13.6-13.7 Cumulative Renicelies � ................ ................... J7.4-17.5 Cutting, fitting and patching .......... ......... 7.2 Data, to be furnished by OWNER -.I 8.3 Day -definition of ­­._ ..................... .................... ........... Decisions on Disputes " ....... *­ ............. _17.2.2 9.11, 9A2 defective --definition Of ........... ....................... ...... J.14 defective Work -- Acceptance of.......................................10.4.1, 13.13 EICI)C. GENERAL CONDITIONS 1910.8 (1990 101-no. V) W/CITYOF FORTCOLUNS MODIFICATIONS (RFV 9/99) Correction or Removal of10.4.1, 13.11 Correction Period ........................ 13.12 in general.......................................113, 14.7, 14.11 Article or Paragraph '_umber Observation by ENGINEER ................................ 9.2 OWNER May Stop}L'or1:................................. 13.10 Prompt Notice of Defects ................................... 13-1 Rejecting ............ ....................... .................... .:..9.6 Uncovering the Work... ........... ............. :_ ........ 13.8 Definitions...................... -................................-..... I Delays......................................4.1, 6.29, 12.3-12.4 Delivery of Bonds :........................... .. 7 Delivery of cenificates.of insurance, ....... ................... 2.7 Determinations for Unit Prices,,.,, .. .,,,,_..9.10 Differing. Subsurface or Physical Conditions -- Noticeof ..................... ........ ..................... ....... 4.2.3 ENGINEFR's Review ...................................... 4.2.4 Possible Contract Documents Chanee...............4-2.5 Possible Price and Times Adjustments ... :....... ,,,4.2.6 Discrepancies -Reporting and Resolving ................................ 15, 3.3.2, 6.14.2 Dispute Resolution— - Agrecment................................................16.1-16.6 Arbitration ............... I -16.5 genera116 Mediation........................................................16.6 Dispute Resolution Agreement .......... :.............. 16.1-16.6 Disputes Decisions by ENGINEER ................. ; 9.11-9.12 Docum ents-- Copiesof ------ ........... ................._._........... ....2.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of...........................................1.15 Easements..............................................................4.1 Effective date of Agreement -- defmition gf•............. 1,16 Emergencies ...... 3 ENGINEER — as initial interpreter on disputers ............... 9.11-9.12 definition of...--..- ......... ........ ..... A-17 Limitations.on authority and responsibilities..-..:9.13 Replacement of ........................................... ....... 8.? Resident Proicet Representativc ...........................9.3 ENGINEER's Consultant -- defutition of,,., 1.18 ENGINEER's-- authority and responsibility, limitations on ....... , 9.13 Authorized Variations in the Rork„.I................ 9.5 Change Orders, responsibility for .......9.7, 10, 11, 12 Clarifications and Interpretation..............j.6.3, 9.4 Decisions on Disputes ................. ,,,,, ,, ,,,, 9.11-9.12 defective Work, notice of....................................13.1 Evaluation of SAstitute Items .......... .............. ..6.7.3 Liability .................................................. 6.32, 9.12 Notice Work is Acceptable...............................14.13. Observations ............................:..............6,30.2, 9.2 OWI\'ER's Representative....................................9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9. 14 Recom m endat ion of Paym ent ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Lim itations.on.,,;.............9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions........,,,,................. .2.4 Shop Drawings and Samples, review responsibi litv........:::................................... 6.26 Status During Catstruction-- authorized Variations in the Work .......... ..-...,9.5 Clarifications and Interpretations ..................9.4 Decisions on Disputes 9.11-9.12 Determinations on UnitPrice. .......... .............. 9.10 ENGINEER as Initial Interpreter_.... _.. ,9.11-9.12 ENGTNEER's Responsibilities ................ 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities;....; ...................... .. 9-13 OINNER's Representative..............................9.1 Project Representative...................................9.3 Rejecting Defective U't1rk.............:................9..6 Shop Drawings, Change Orders and Pavments................... ................. 9.7-9.9 Visits to Site. ................... ..................... 9.2 Unit Price determinations,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9.10 Visits to Site ......:............................ ..................9.2 Written consent required.......,_„ ................... 7.2, 9.1 Equipment, Labor, Materials. and,,,,,,,,,,,,,,,........¢,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 .......................$.1 1 Explorations ofphysical conditiong ........................4.2.1 Fec,:CONTRACTOR's-Costs Plus ...........................) 1.6 Field Order-- del'mition.:of.....................................................1.19 issued by ENGINEER ................................ 3.6.1. 9.5 Final Application for Paymen.t..............................14.12 Final Inspection... ......... ...7...., ..............14.11 Final Paymlent- and Acccptancc......... -,,,,.,„:..... ........... .14.13-14.14 Prior to, for cash alloisnces „........................... 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 OWNER's responsibility for..............................$.10 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w-/ CITY OF FORT COt.Lrh:4 MODIFICATIONS (REV 9/99) Indemnification __.,-,---... ................. .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 Numher 1 Special, required by ENGINE -ER ......................... 9.6 Tests and Approval ............................. 8.7, 13.3-13.4 Insurance - Acceptance of, by OWN R,; 5.14 Additional, required by changes in the Work-..._ ... .................................. 11.4.5;9 Before starting the Work .......................... ....• _17 Bonds and --in general,,,,,,_, 5 Cancellation Provisions ............... _ - 5.8 Certificates of ._-- „ ,-_-,_ _-,.,=.7, 5, 5.3, 5A.11, 5.4-13, ........................5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations-- ......... .......... 5.4.13 CONTRACTOR'S Liability„--„ ............ ..„-„ 5.4 CONTRACTORS objection to coveraee.............. 5.14 Contractual Liability..__...,,,.„ .......................5.4.10 deductible amounts, CONTRACTOR's 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 fidueiary for insureds .... -,,,,,,-„• 5.12-5.13 OIINTER's Liability.-.. ................_......_:.. -- ---5.5 OWNER's Responsibility, 8.5 Partial Utilization, Property Insurance,. „ ,,,,--,,,5. IS Property ....................:. ...........5.6-5.10 Receipt and Application of insurance Proceeds..............................................5.12-5.13 Special Insurance---,--„_,-,-- .............. ...... 5.10 Waiver of Rights ,,,,,,,,,•,-,-•, 5-I1 .-3.1-3.4. Intent of Contract Documents ..... .........„•-.-,...., Interpretations and Clarifications,,,-, 3.6.3, 9.4 Investigations of physical conditions,,,,,-,,,•,•„•• 4,2 Labor, Materials and Equipment...,-„_„..., ............. 63-6:5 Lands-- . and Easements ................................................... Availability of.............................................4.1, 8.4 Reports and Tests .............................. .............. 8.4 Laws and Regulations --Laws or Regulations -- Bonds ......_.. .......... . ................ S.I -5.2 Changes in the Work 10.4 Contract Documents..................3.1 CONTRACTOR's Responsibilities, ,_-.. _........-6.14 .Correction Period,clejectn•e Work ... I ...... •.......... 13,12 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 Referenceto .................................................... 3.3.1 Safety and Piotection,,,,,,,,,,,,,,,,,,,,,;,,,• 6.20, 13.2 Subcontractors, Suppliers and Others ........ _6-8-6.11 Article or Paragraph Num her Tests and Inspections,,.,-- .................................. 13.5 Use of Premises 6.16 Visits to Site ........................ . .......................-.. 9.2 Liability Insurance-- CONTRACTOR's ............................. . 5.4 OWNERS ............................... . 5.5 Licensed Sureties and Insurers,•,,,,-.,,-,-•••-•, „ ...... 5.3 Liens -- Application for Progress Payment-,-, ...... „-_--,-.... 14.2 CONTRACTOR's Warranty ofTitic„_--,-„--,_--,-,14.3 Final Application for Pa}mienl„-•,,,,--,,,,-„......•,14.12 definition of,-„•-••-:•, -, .....-..1.23 Waiter of Claims............................................14.15 Limitations on ENGINEER's authority and responsibilities............ I ..................................... 9.13 Limited Reliance by CONTRACTOR Authorized ........................................... :. 4.2.2 Maintenance and Qpe�ating Manuals-- Final Application for Payment,-..... .................... 14.12 Manuals (of others) -- Precedence ................:,-.........:.-...............- Reference to in Contract tklcuments,-,,,,,,,--,•,,,,,3:3.1 Materials and equipment -- furnished by CONTRAC.TOR----.......... ................. 6.3 not incorporated in Wort:-,,,,,,,,,,,,,, . ,• ................ 14.2 Materials or, equipment--equivalent.................6.7 Mediation (Optional),,,,,,,,,,,;,,•-••• -, -. 16.7 Milestones --definition of ......................... Ivfiscellaneotis-- „1.24 Computation of Times ....... --_ .. 17.2 Cumulative Remedies ...................... 17.4 Giving Notice. .............. ..-................17.1 Notice of Claim ......... ........ ......... .................17.3 .. Professional Fees and Court Costs Included,,,,•-•, 17.5 Multi -prime contracts---------------- 7 Not Shown or Indicated-.,........, ............ ........4.3._ Notice Ol-- Accept6WityofPrOject ..................................... 14.13 Award, definition of -„-,,,,•„ ..'.............. 1.25 .............. Claim ............ ...........:................ 3.7.3 Defects.13,1 Differing Subsurface or Physical Conditions,,,•,-4.2.3 Giving ........... 1,7.1 Tests and Inspections ,;,•-,-„•„ 13.3 Variation Shop Drawing and 8amplg,.....-,--„-..-,G27 Notice to Proceed - definition of......................................................1-26 givingof ... ........ ................ ................................ 3 E1CDC GL•'NLRa CONDITIONS 191 o.s (1990dD111ON) w/ aTY OF FORT. COLLMS MODIFICATIONS (RFV 9/99) Notification to Surety ...................................... ....----- 10-5 Observations, by,F.NGINEER...........................6.30, 92 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 Num her "Or Equal" Items ..... ................................................. 5-7 Other work 7 Overtime Work --prohibition of ........... ...................... 6.3 OWNER -- Acceptance ofdefecuve Work .......................... 73.13 appoint an ENGINEER......................................8.2 asfiduciary ............................................... ...... Availability of Lands, responsibility_. ........ ...... 1.4.1 definition of ................ ....I.......... .1.27 .. data, furnish.__.............................__..........,.....8.3 May Correct Defective Work............................13.14 May refuse to make payment............................14.7 May Stop the Work.........................................1110 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 irisurance requirements,,,,,,,. ..5.6-5.10 OWNEws-- 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,,,....: 2.11 Inspections, tests and approvals..................83, 13.4 Liability Insurance,,,,,,,,,,,,,,,,,,,„-..., .................... 5.5 Notice of Defec4s............................ :................. 13.1 Representative --During Construction, ENGINEERS Status......................................9.1 Responsibilities -- Asbestos. PCBs, Petroleum, i-lazardous Waste. or Radioactive Material................8-10 Change Orders ............ :................................. 8.6 Changes in the Work ....................... ............ 10-1 communications... .. ............ .......... .............. 8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements..............8.11 inspections, tests and approvals.. ...... ............ 8-7 insurance, .................................................... 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 CONTRACTORs services............._......................._.._8.8, 152 separate representative at site ............................. 9.3 testing, independent.. ..................13.4 use or occupancy of the Work_ .................... . 5.15, 6.30.14, 14.10 written consent or approval required.........................................9.1, 6.3, 11.4 xi LJC'DC CENigs al. COT DMONS I910.8 (1990 EDtnON) w/ CITY OF FORT COLLINS MODIFICAMNIS (RF.V WW) F1 11 fl Article or Paragraph Number written notice required ..............._......•7.1, 9.4, 9.11, ....................................11.2, 11.9, 14.7. 15.4 PCBs__ definitionof .................................... general .............................................................. 4.5 0WNTER's responsibility for,,,,.,,•,.,, S.IO Partial Utilization - definition Of,-, ...- ....................................... ......1.28 general 6.30.2-4, 14.10 Property Insurance-.-,,,_,,.- ...................... 1" 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 ProgressPaymien".....-,._ „ •.,,•......_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.................... ................................... $.3, 14 Partial Utilization ------ -................................... 14.10 Retainage.......... ................................................ 14.2 Review of Applications for PrGress Payments ......... :...................... 14.4-14.7 prompt payment;,_,,.. . . .. ....... ... . „8-3 Schedule of Values......... 14.1 Substantial Completion....._ ........ . . ..._j4.8-14,9 Waiver of Claims „ when payments due .... :............................ 14.4, 14,13 withholding payment.-...._. 14.7 Performance Bonds„-,,....................................... 5.1-5,2 Permits 6.13 Petroleum -- definition of .......................1.30 ............................... general........I.....................................................4.5 OXNINM 2's responsibility for,,.,.,,,,.. .................... 8.10 Physical Conditions-- - Drawings of in or relating to ......................... .2.1.2 ENGINEER'S review„ existing structures - 4.22 general 4.2.12--------- ....... 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 Drawing .................... s 4.2.1 Subsurface and .... 4.2. Subsurface Conditions, ..................4.2.1.1 Technical Data Limited Reliance by CONTRACTOR Authorized,... ...... Underground Facilities -- .........4.2.2 general .......... 4.3 Not Shown or Indicaed......... ....... ............. 4.3.2 Protection of ., •.. • .............................. .. •„4.3, 6.20 aii Article or Paragraph Number Shown or Indicated................................................4.3.1 Technical Data......, .......................................•. 4.2.2 Preconstruction Conference.,,,,, ............................... 7,8 Preliminary Matters .............. Preliminary Schedules .............................. 2.6 Premises, Use of ,• ........... 6.16-6.18 Price, Change of Contraci ............. ....... Price, Contract --definition of,,.•,._.,,,,. ..11 1.11 Progress Payment, Applications for ..................... ...14.2 Progress Payment--retainage,._....,,._. .................. 14•2 Progress schedule, CONTRACTOR's,•....,, 26,.2.5, 29, ..... ..... ................:...... 6.6, 6.29, 10.4. 15.2.1 Project --definition of .................... .I....... 1.31 Project Representative_ ENGINEER's Status During Construction,......,....9.3 Project Representative, Resident --definition of,:1.33 prompt payment by OWNER „,•-............................. ... Property Insurance-- Additional................................:................:.......5.7 generA5.6-5.10 Partial Utilization ........ ____ ........ _.... 5.15. 14.10.2 receipt and application of proceeds ,,,,,,,,.„.5.12-5.13 Protection, Safety and .................. 6 20 0.21, 13.2 Punch list .................................:................ 14.11 Radioactive Material-- defintion of ............................... ....1.32 genera14.5 OWNER's responsibility for..............................8.10 Recommendation of Payment ... ........... 14.4, 14.5, 14.13 Record Documents ......... ..... 6,19, 14.12 Records, procedures for maintaining,,,•,,...._ 2.8 Reference Points.,..,_.._,,. I ........... I ...... ...... 4.4 Reference to Standards and Specifications of Technical Societies _ 3.3 Regulations, Laws and (or) ...................................... 6.14 Rejecting Defective Work_,.- ....... Related Work -- _9.6 at Site. 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ...................... 6.28 Remedies, cumulative._,_.,__,.-- .... .,,17.4, 17.5 m Reoval or Cbrrcction ofDefective Work ..... .-_..._---- 13.11 rental agreements, OWNER approval required, .... 11.4.5.3 replacement of ENGINEER by OIVNER.................... 8.2 Reporting and Resolving Discrepancics,_....... ..................... ^ 5 3.3.2, 6.14.2 Reports -- and Drawings ........... 4.2.1 and Tests, OIVNER's responsibility • •.. •.,,•,-• ........... $.4 Resident and Project .Representative-- defmition of ....................... .................1.33 provision for ..................................................... P ..... 9.3 . EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/9' i Article or Paragraph Num her Resident Superintendent, CONTRACTORs,...... .... 6.2 Responsibilities-- CONTRACTOR's-in general ..........:....................... 6 ENGLNEER's-in general.... ........ I ... I .......... I ......... ...9 Limitations on............................................9.13 OWNER's-in general.....:.::.:..:.........................:......s Retainage .................. .....14.2 Rcuse of Documents, ................ ............................. ­17 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................6.25 Review of ,applications for Progress Payments ................ I...................14.4-14.7 Right to an adjustment ................ .:...........,............. 10.2 Rights of Way___ ........ 4.1 Royalties, Patent Fees and ..................................... j5.12 Safe Structural Loading..........................................6.18 -- and Protection................................4.31.2, and 6.16, 6.18, ........_...................._.....6.20-6.21. 7.2, 13.2 general .................................................... 6.20-6.23 Representative, COvTTR.ACTOR's...................... 6.21 Samples -- definition of ................. :.............................. I ..... 1.34 general ....:....................................... 6:24-6.28 Review by CONTRACTOR ................. :................... 6.25 Review by ENGINEER............................:.b:26, 6.27 relatedWork .................... :................................4 8 submittal of ..................... ................... 624.2 submittal procedures ............................. I ............ 6.25 Schedule of progress ................... .........2.6, 2.5=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, 141 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 ................................ ....... Change Orders &Applications For Payments, and ................. .......................9.7-9.9 definition of. ............. .................................. j.35 ENGI.NEER's approval of..,. ........................ ...3-6.2 ENGINEER s.iesponsibiEty for review ..................................... 9.7, 6.24-6:28 related Work.....................................................6.2S 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 Site Access 7.2. 13.2 Site Cleanliness......................................................6.17 Site, Visits to -- by ENGINEER...........................................9.2, 13.2 by other............................ ......:..:........ ......13-2 "special causes of loss" policy form, insurance................ 5.6.21 definition of .... .............. .......... ..:..:............ I.." ... 1-36 Specifications — definition of....,:..,._.........................................1,36 of Technical Societies, reference to .... ............... 3:3.1 precedence ................................ ...................... ;).3.3 Standards and Specifications of Technical Societies.........................................3.3 Starting Construction, Before : ........... ............ ........ 2.5-2.S Starting the Work: --..............................................1), 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 ........... ........................... :......... 5.8-6.11 definition of....................:................................L37 delays 12.3 waiver of rights, ...............................I...............6.11 Subcontractors --in general ................. ................ 6.8-6.11 Subcontracts --required provisions ,........ 5.11, 6.11, 11.4.3 Subm ittals— Applications for Paymient.................................14.2 Maintenance and Operation Manuals.... ........... 14. 12 Procedures ............................ ..............:........... 6.25 Progress Schedules......................................2.6, 2.9 Samples ................................ 6.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Subntissions............ . ....... ...........2.6, 2.8-29 Shop Drawings.........................................6.24-6.28 Substantial Completion -- certification of ......... . ............6-30.2.3, 14.8-14.9 definition of .................. :................................. 1.38 Substitute Construction Methods or Procedures...._..6.7.2 Substitutes and Or Equal ° Items...............................6.7 CONTR.ACTOX's.Expense.......... ...............6.7.1.3 ENGiNEER's Evaluation ................................. o.7..i "Or-Equal"...................................................6.7. I.1 Substitute Construction Methods xiii EICDC GENERAL CONIATIOIvS 1910-8 (1990 EDITION) wt CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 1 1 1 1 Article or Paragraph Number or Procedures ........... 6.7.2 Substitute Items ...... ...... 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatrig to ............... ...... 4.2. 1.2 ENGWEER's Review ....................................... 4-214 general.............II ................................................. 4.2 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_ ............. 4.1.5 Possible Price and Times Adjustments... ............. 4.2.6 Reports and Drawings ........... ....... . ............ � .4.2.1 Subsurface. and ......... I .......................................... 4.2 Subsurface Conditions at the Site Technical Data Supervision— CONTRACTOR's responsibility:..,...... -_..... OWNER shall not supervise.: ............. ................ 8.9 ENGINEER shall not supervisq ................. 9.2, 9.13.2 Superintendence .............................. 6.2 Superintendent, CONTTRACTORs resident ...... I ....... . 6.2 Supplemental costs ... ................................ __1 1. 4.5 Supplementary Conditions -- definition of, ..................................................... ).39 principal references to ................. 2.2, 2,7, ......... .............. 4.2, 4.3, 5.1, 53, 5.4, 5,6-5.9, ...............S.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents...... ....................�.6 Supplier -- definition of ­­ ......... ....... 1 A0 principal references to... . ........ 3.7, 615, 6. ...................... 5-6.11, 6.20, ....... 624, 9-13, 14.12 Waiver of Rights ........... ............. 6.11 Surety - consent to final paymenk ....................... 14.12, 14A4 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 ............ .......... )3.10, 15.1 Suspension of Work and Termination-, ­ ........ I ........... 15 CONTRACTOR May Stop Work or Terminate -15,5 OWNER May Suspend Work ... _ ....... ............ 15.1 OWNER May Terminate . .... ....................... 15. . 2-15.4 Taxes--pament by CONTRACTOR ........................ 6-15 Technical Data— Limited Reliance by CONTRACTOR ... .....4.2.2 Possible Rice and Times Adjustments. . ..... ......4.2.6 . Reports of Differing Subsurface and Physical Conditions........_ ..........................4.2.3 AV Temporary construction facilities___. .... 1 4.1 Article or Paragraph Number Term ination" by CONTRACTOR.- ........... .................... .... 15.5 .................................... 8.8, 15.1-15.4 Of ENCHNEEks CM13141t1grit,.. •....... 8.2 Suspension of Work-in general ... ... 15 Terms and Adjectives., .............................. 3.4 ......... Tests and Inspection$— Access to the Work, by others ............................13.2 CONTRACTOR's responsibilities ..... ................. 13.5 cost of 13.4 covering Work prior to ....................... ... 116-13.7 Laws and Regulations (or) ....... ........... 13.5 Notice of Defects .... i ........ . ...............13.1 OWNTER May Stop Work__ ....... - ... ...........13.10 OWNER's independent testing ..........................i3.4 required by ENGINEER,_.,...., 9.6 timely notice required ....................................... .... 114 Uncovering the Work, at ENGINTER!s request ......... .............................. 13,8-13.9 Times-- Adjusting........................................................... 6.6 Change of Contract,,,,,,,,,,,,,,,, .................................. Computation of.................................................17.2 ........*.......*.........*.................... 17.2 Contract-Times--definition'of ..............,............ . day.. ... ...... ........ .....................7.2.1 Milestones .......................... ­7 ................ .......... 12 Requirements-- appails ....... .... . ......... ....... ...... _.9.10, 16 clarifications, claims. and disputes ... 11.2. 12 Commencement of Contract ' Imes' ............... 2.3 Preconstruction Conference.,.....,,,-, 2.8 schedules .........................................2.6, 2.9, 6.6 Starting the Work- .............................. ..............2.4 ... an Title, Warranty of ...... ........... - ............ ....... 14.3 Uncovering Work ....... ......... ........................ 13.8-13.9 : LJnderground Facilities, Physical Conditions -- definition of"*' ................ 'rin"d'i'c'at*e"d"* j, 41 Not!Sliown c...... ..... ......... ........... 4.3.2 protccti on of ­* ......... ... ......... ... ..... 1 4.3,.6.20 . .. Shown or Indicated _ ............ .......................... 4.3.1 Unit Price Work-, claims *­ .... **"* ... * * ............. 1 1,9.3 definition Of ............................ ..................1.42 general] 1.9. 14.1, 14,5 Unit Pri ccs-- general 11.3.1 Determination for 9.10 Use of Premises ­ ............ ....... 6.16,6.18, . 6.30.2.4 Utility owners,,,.,..,,,,....... . ....... 6.2 .0, 7.1-7.3 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. (M NERAL CONDITIONS 19 10 -81.1990 MI TIOM W/ a TY OF FORT COLLINS MODIFICATIONS (REV 9199) i Variations in Work --Minor Authorized ........................--_..__..___.., fi.25, 6.27, 9.5 Article or Paragraph ' Number Visits to Site --by ENGINEER .................................... 9.2 Claims--on Waiver of Claim...................... Waiver of Rights by insured parties ................. �.11, 6.11 ' Warranty and Guarantee,.G.eneral--by CONTRACTOR__ ................ .......... _ ...........6.30 Warranty of Title, CONTRACTOR's..................... 14.3 Work-- i Accessto ................................ ......... ................. 1.y.2 byothers,.. ............................................................ 7 Changes in' the....................................................1.0 Continuing the ..................................... .............6.29 ' CONTRACTOR May Stop Work or Tenn irate ............................................... i 5.5 Coordination of 7.4 ........................................ ....... Cost of the ..................................... ............ a 1.4-11.5 definition qf.........:............................................ 1.43 ' neglected by CONTRACTOR............................13.14 otherWork............................................................7 OWNER May Stop Work ..... .. ..... ............. ........ 13.10 OWNER May Suspend Work ................... 3.10, 1.5.1 , Related, Work at Site....................................7.1-7.3 Starting the>........ ..... .4 . ............................... Stopper by CONTRACTOR.............................1.5.5 Stopping by OWNER...:..:..... 15.1-15.4 Variation and deviation authorized, minor-........-3 6 Work Change Directive— claims pursuant to.............................................10.2 definition of.... ----- .- _ ........._----------------------- -.1.44 principal references to,,,,,,,,,,,,,,,,,,,,, 3.5.3, 10.1-10.2 ' kAhitten Amendment -- definition of ........................ .............................. 1.45 principal references to., :...........1.10, 3.5, 5.10,15.12, G.6. 2, 6.5.2, 6.19. 10.1, 10A, , .... ..1,1.2, 12.1, 13-12.2, 14.7.2 Written Clarifications and lntcrpretations,...................... ............3.6.3, 9.4. 9.11 Written Notice. Required-- i by CONTRACTOR ..................... 7.1, 9.10-9.11, ..........................10.4. 11.2. 12.1 by OWNER .................... 9.10-9.11, 10.4. I1 2, 13.14 M. EJCDC GEN>ERAL CONDITIONS 1910.5 (1990 EDITION) , nd CITY OF FORT COLLIN'S MODIFICATIONS (REV 9199) 1 ' 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to ' be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions ' answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. .All questions concerning the. scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. ' 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY ' 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be ' executed by a surety meeting the requirements of the General Conditions for surety bonds. ' 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish Ithe 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. n 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. Rev10/20107 Section 00100 Page 3 I h d (This page left blank intentionally) EJCDC GENERAL CONDITIONS I9I0-3 (1990 EDITION) w/CITY OF FORT COLUNS MODIFICATIONS (REV 9J99) 1 H GENERAL CONDITIONS ARTICLE 1—DEFLN'ITIOiNS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanins indicated which are applicable to both the singular and plural thereof: 1.1. Addend2—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 perforated: 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 suppwung documentation as is required by the Contract Documents. 1.4. Asbestos—Anv 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. I.S. Bond —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 E1CDCGENEFLAL CONDITIONS 19io-s g990 Ed lion) a/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 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 clari fications issued pursuant to paragraphs3.5, 3.6.1 and 3.6.3 cn or after 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 are not Contract Documents. 1.11. Coniracl 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 }Mice Wort:). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (in) 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. COA RACTOR—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 ENGINEER'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 14A0), L15. Draadngs--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. EA%GIA'EER—The person, firm or corporation named as such in the Agreement. LIS. 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 chance in the Contract Price or the Contract Times. J 1 .1 �I 120, General Requirements -Sections of Division I of the Specifications. 121. Hazardous l aste—The term Hazardous Waste shall have the meaning provided in'Section 1004 of the Solid Waste Disposal ;act (42 USC Section 6903) .as amended from time to time: 122.a. Laws and Regidatio?u; Lamy or Regulations —Any and all applicable laws, rules, regulations, ordinancxs, codes and 'orders of any and all .governmental bodies, agencies authorities and courts having jurisdiction 1.22.b. Legal liolidat>s--shall be those holidays observed by the Citv of Fort Col lids. 1.23. Liens --Liens, charges, security interests or encumbr" inccs 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. Arofice of Award --A written noticc,by OWNER to 4e apparent sucrxssful kidder stating thatupon compliance the apparrvit successful kidder Sv1. th the conditions prececicn"t enumerated t}iereim within the time, specified, OWNER will sign and deliver the Agreement. 126. Notice to Proceed=A written notice given by O1trNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which. the Contract Times will commence to run and on which CONTIZACTOR'shall start to perform CONTRACTOR'S obligations undo the Contract Documents. 1.27. OliWaF 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 U ilizafioii—Use by OWNER of a substantially completed part of the Work. for "the purpose for 14tich it. `is intended (or a related purpose) prior to Substantial. Completion of all the Work 129. PCBs —Polychlorinated biphemrls. 1.30. Petroleum=Petroleum, including crude oil or any fraction thereof which. is liquid at standard conditions of temperature. and pressure (60 degroes. 'Fahrenheit and 14.7 pounds per square inch. absolute), such as oil, petroleum;. fuel oil, oil sludge; oil refuse, gasoline, kerosene and oil mixed with other not -Hazardous Wastes and crude oils: 1.31: Projecl—The total construction ofwhich the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents, 1,32:a: Radioactive rilatenal—Source„ special nuclear, or byproduct material as defined bythe Atomic Energy Act of FJMC GUNETAt. CONDITIONS 1910-8 (1990 Ed rim) w'/ CITY OF FORT COLLINS MODIFICATIONS (REV 4P- 00Uj 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Reetdar Maikine Hortrs-Regular working hours are defined as 7:00am to 6:OOpM unless othemise specified in the General Requirements 1.33. Resident Project Representative —The authorized representative.of!Nfo NEER who may be assured to the site or any part thereof. 1.34. Srinrples—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 he judged. 135. 57top Drae'7ngs Aif drawings, diagrams, illustrations, schedules and other data or information which are gIfca11 prepared or assembled by or for CONTRACTOR mid submitted by CONTRACTOR to illustrate some:portionofthe Work. 1:36. S . frcations—Those portions of the Contract Documents consisting of t;Titten technical descriptions of materials, equipment; construction systems, standards and workma' fiship as `applied to the Work and certain administrative details applicable thereto. 1.37 Subcontractor -An individual, firm orcorporation having a dirbeioontract with .CONTRACTOR or with any other Subcontractor for the perfc rniaricc of a part of the Work.at the site. 1.38 Substantial Completion The Work (or a specified putt thereo , has progr d to the point where, in the . devidenced by EISIGINEER's definitive certificate of' Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work for specified part) can be utilized for the, purposes for which it is intended-, or if rio 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 terms "substantially complete and "substantially completed" as applied to all or part of the Wort; refer to Substantial Completion thereof 139; Sapplcmentary Conditions-Thc part of the Contract bocuments 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 fsh materials or equipment to be incorporated in the Work by'CONTRACTOR or airy Subconlrac.for. 1.41 Undergrowid Facilities —All pipelines, conduits, ducts. cables, wires; manholes. vaults, taril:s; tunnels or other such facilities or attachments, and any encasements containing such facilities Aich' have been installed underground to furnish any of the following services or materials: electricity, gases, steam. liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price. !York —Work to :be paid for on the basis of unit prices. 1.43, Wo&—The . entire completed. construction or the various separately identifiable parts.thereof iequired to be famished under the Contract Documents. Work includes and, is the result of performing; or furnishing labor and fiimisliittg and incorrppoorating,materials and equipment into the construction, and perfornnittg or fumishmg;senices and furnishing documents; all as required by the Contract Documents, 1.44. Work. ,Change. Directive -A written directive to CONTRACTOR, issued on or. after. the Effective Date of the Agreement at d.signed.by Ot1N'NER,and recommended by ENOTNEER ordenrtg an addition deletion or revision in the Work or respondnrig tb differor unforeseen physical conditions under "ich the Work is to be performed as provided in paragraph 4,2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contracf Pnce or t3ie Contract Times, but is evidence -that. the patties expect that the change directed or documented by a. Work Change Directive will be incorporated in a subsequently issued Change Order follow negotiations by the parties as to its effect if' on the Contract Price or.Contrtict Times as provided in }xiragraph 10,- 1.45. Written Amendment —A written amendment of the Contract Documents, . signed by OWNER and CONTRACTOR on or aEtei the EfTective . Date of the Agreement and norImaily dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIRIINARY MATTERS De4reU vfBondr: 2.1. When CONTRACTOR . delivers.,., the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be regiiued to famish in accorilance.wit}i paragraph 5.1. Copies of Domments- 12. OWNER shallfamish to CONTRACTOR up to ten copies (trrdess 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 Contrpd Times; A'otice to Proceed• 2.3. The Contract "Times will cotmrienco, to run on the thirtieth day.afier the Effective Date of the Agreement, or, 1 JCDC GENERAL C:ONDIT] 01151910-8 (1990 Edition) p/ C1TY OF FORT COLLINS MODIFICATIONS (REY 4/2000) if a Notice to Proceed is given, on:the.day indicated in the Notice to proceed. A Notice :to Proceed may be given at any time within thirty days alter the Effective Date of the Agreement. In no avwA ...:n the C4Rntmgt T: nes af-F3td-openir�+-er-the-thirtieth-day-efter�€%etive�ate ef-the :Agreement; -�hiehever-� teas -earlier: Starting the Work: 2.14. C0NTTRACTOR shall start.to.perform the Work on the.date when the Contract Tunes "commence. to run, but no Work shall be. done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 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 ntensdremcrits. 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 riot"be liable to OWNER or ENGINEER for failure to reTiort any :conflict, error, . ambiguity or. discrepancy in the Contract Document, unless CONTRACTOR knew or reasonably should"haye known thereof. 2.6. Within ten days after the Effective Date. of the Agrccment (unless otherwise specified in the General Requirements), col I4T.RACTOR shall submit to ENGINEER for review: 2:6.1. a ,preliminary progress schedule indicating the times,(riumbers of days or dates) for starling and completing the various stages of the Woil , including any Milestones specified in the Contract.Documertts; 2.62 a preliminary schedule of Shop Drawing and Simple .submittals which will, list each required submittal.and"the times for submitting reviz_ wing and processing such su.. ittal. 2.6:2.1. In .no case will .a schedule be acceptable.. which allows less than 2t calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which :µ•ill include quantities and prices of items aggregating the Contract Price _ and. will subdivide the Work taro component parts insufficient 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 cf Work: 2.7. Before any Work . at the site is started CONTRACTOR ands shall eaeh deliver to the etlter OWNER with ;copies" to , ide GINEF.R, r certificates of insurance (and other evidence of insurance them eF any addi.ie�-6 reeseAebly--rectuest ..requested by 013 ��R) which CONTRACTOR is required to purchase and maintain in accordance with paragraplis'5.4-5:i 4W&5.7. I- econstruction Conference.- 2 .8. Within twenty days after the Contract Times start to ruri but before anv"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 lVork 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. Initiirflj+Acceptable Schedules.• 2.9: Unless otherwise provided in the and others as a ate deli ag�t ted try' O�VI�rt ,will be held to rcFiek for ptabilityto ENGINEER as provided below ,the ,schedules submitted in accordance with 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 unttl.the schedules are submitted to and acceptable to ENGINTEER° as provided below. The progress schedule will be acceptable to ENGTNFER 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 EI\TGIINZI R responsibility for the sequencing, scheduling or, progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full resportstt iliti, therefor. CONTRACTOR'-, schedule of Shop Drawing and Sample submissions will be acceptable to ENGi1NTEER as providing a workable arrangement for reviewing and processing. the required subminals CONTRACTOR'-, schedule of values will be acceptable to ENGINEER as fo form and substance. ARTICLE 3--CON-MALT DOCUMENTS; ENTENT, Al%ffAY'DING, REUSE Intent., 3,1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the' Work. The .Contract Documents are complementarywhat is called fen" by one, is is binding as if called for by all. The Contract. Documents will be construed in accordance with the taw of the place of the Project. 3 it is the intent of the Contract Documents to EJCDCGEN IALCONDITIONS1910-5(1990Editim) wJ CITY OF FORT COLLI NS MODIFICATIONS tXEV 4R000) describe a functionally complete Project (or "part thereof) to be 'constructed in accordance with the Contract Documents, Any Work, materials or equipment that mav reasonably be inferred from the Contract Documents or from prei•ailing.custom or trade usage as being required to produce the intended result will be furnished and performed' whether or"not specifically called for. When words or Iphrases 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 acconce rdawith that meaning. Clarifications and mtcipretations of the Contract Documents shall he issued.by ENGINEER as provided in paragraph 9.4; 3.3. Reference to Slrandards and Sj7ecifrcations of Technical Societies, Reporting and Rewhing Discrgmncfes. 33.1, . Reference to standards, specifications, manuals or code*617arty technical society, organization or nssociatton, or, to the La%vs or Regiilations of any governmental authority; whether such reference be specific or by "implication, shall mean the latest standard. specificatioq manual, code or Laws or Regulations in'et%ct at the time of opentn� 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. If, during the performance of the Work, CONTRACTOR dism,ers any conflict, error, ambiguity or discrepancy within the .Contract Documents or between the Contract Documents and any provision or any such Law or Regalation applicable to the. performance of the Work or of any such standard, specification manual or code or of any inistrttction of any Supplier referred io in paragraph 6.5, CONTRACTOR .shall re�ppoort it. to ENGINEER in writing at .once, and, CONTRACTOR . shall not proceed with the Wort. 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 Gable to .OWNjER 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 Document.-, or as may beprovided by amendment or supplement thereto issued by one of the methods indicated in. paragraph 3.5 or 3.6, the provision s of the Contract Documents shall take precedence rn.resolving any.cotact, error; ambiguity or discrepancy between the provisions of the Contract Docurnerds and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.33.2. the provisions of any such Laws or Regulatior►s 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 atstiuctidn "shall be effective to ,change the duties and responsibilities= of OWNER CONTRACTOR or ENGINEER, or any, of their subcontractors, consultant% agents or employees from those set forth. in'the Contract effe Documents. nor shall it be ctive to assign to OWNER, ENGINEER or arty ofEATGINFERs Consultants, agents or cntp1, - ..any duty or autharitj• "to st pen isc or direct the Curtnislning or performance of the Work or any duty or authority to u.dertake.raspgnsifiility inconsistent with the provisions of paragraph 9.13 or any tither provision of the Contract Documents. 3.4. Whenever in the Contract Documents.the terms "as ordered" "as directed., "a$ required% "as allowed", "as approved or terms - .like effect or import are used or the adjectives "reasonable ."suitable", °acceptable", "proper" or "satisfactory" or Wjectiycs of like effect or- import are used to describe a requirement;_ direction, review or judgment of ENGINEER as to the Work; it`is untended that such requirement, direction, reyiew or judgment will be solely to evaluatz, in..general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance 66th the design concept of the completed Project as_a functioning whole as shown &. indicated in the Contract Documents (unless there is a speific statement indicating otherwise): The use of any such terra or adjective shall not be ;ef%ctive to assign to ENGINEER any duty or authority to supervise or direct the furnishing or krformance. 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. Amending and Supplementing Contract Doeuments- 3.5., The Contract Documents may be amended to provide for additions, deletions and revisions in the Wort` or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.3. a Change Order (pursuant to paragraph 10.4). or 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 devistiorn in the Work may, be authori d, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.51 3.6.2. E GINEER's approval of a Shop Drawing ar Sample (pursuant to paragraphs 6.26 and 6.271 or 3.6.3. ENGINEER's written interpretation or clarification."(pursuant to patagraph 9.4). Reuse of Documents. 3.7. CONTRACTOR, and any .Subcontractor or Supplier or other person :or organizationperforming or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or aogpzc any title to or ownersliip rights in any of the Drawings, Specifications or other .documents (or_ gopies. of any thcreof):prepared by or beariirg;6h seal,of ENGINEER or ENGINEER'S ConsuNint and (n) shall not reuse, any of such Drawings, Sfcci ficationt other documents or copies on extensions of the Project or, any. other project without written consent of OWNER and ENGIINTEER and specific written verifc don or adaptation by E_NGINEER ARTICLE 4-AVAILABILITY OF LANDS, SUBSURFACE . AND PHYSICAL CONDITIONS; REFERFNCE PO)r11TS Availabi6tt' of Lands. 4.1. OWNER shall furnish, as indicated in the Contract Documents, the. lands upon which the, Work is to be performed, rights-of:way and easements' for access therein, and such other lands which are designated for the use ofCONI TRACTOR. Spore-reasonatl�vvrittzrrrac}uesa owwgn .:tin f4om: w a, _ � _sac �� :Zza-ra."sec OWNTER 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 tacilities will be obtained and paid for 13), OWNER• unless otherwise provided .16 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 furnishing these lands, rights -of - way or easemenas. "CONTRACTOR Inky make a claim therefor as provided in Articles 11 and 12. EJCDC GE3`'EM CONDI T] ONS 1910-5 (1990 Edition) 5 w/ 0 TY OF FORT COLLINS MODIFICATIONS OtEV 4I2ODD) CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment 4.1 Subsurface and Physical Condtions: ' 4.2,1. Reports and Drauings:. Reference is made to the Supplementary Conditions for identification of: 42.1,1. Subsurface'Condifions: Those reports of explorations and tests of subsurface coricliticns at or nguous to the site that have been utili7ed by GINEER 0in preparing the Contract Documents: and 42.12. Plrysi al.Con&lions: These drawings of physical condiuons'in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facihttc) hav e ve been utilized m by ENGINEER preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized' Techpucal 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 ContractDonimeMs. Such "technical data is identified in the Supplementary Conditions. Lxcept.for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against.OWNER, ENGINEER or any of ENGINEF,R's Consultants with respect to: 4.12.1. the completeness of such reports and drawings for CONTRACT OR's purposes, includZ, but not limited to, any aspects of the means, methods; techniques, sequences and procedures of" comttuction to be employed by CONTRACTOR and safety precautions and programs. incident thereto, or 4.2.22. other data; interpretations, opinions and information contained in such reports or shown or indicated insuch.drawing.-or 4.22.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations; opinions or information 4.2.3. Notice of Di(lering .Szkmirface or Physical Conditions. If CONTRACTOR believes that any subsurface or physical coriditiori at 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 4.12 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in thc.C6nfract Documents, :or 42.3.3. differs materially from that shown or EJCDC GENERAL COMMONS 19.10-9 (19" E(ition) ail CITY OF FORT COLLI M MODll7CKHONS (REV 42000) 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, ffeampt}y immediately after becoming aware thereof and before further disturbing conditions affected thereby ;or performing any Work in connection therewith (e,Kcepl in an emergency as permitted by pamgraph'6.23), notify OWNTER and ENGINEER to , writing about such condition. CONTRACTOR shall noflirther disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of Kritten order to do so. 4.2.4. EA'GMEER's Reprieve: ENGINEER sill promptly review the pertinent conditions, determine the necessity of OWNER's obi mi ing additional exploration or tests with respect. thereto and, advise OWNER in writing (with a 4y to CONTRACTOR) of. ENGNMER's findings and conclusions, 4.2.5. Possible Contract Documents Clrarrge.: if UNGiNF,ER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more.ofthe categories in paragraph 4.2.3. a Work Change Directive or a Change. Order will be issued as provided. in Anicle.l0, to reflect and document the conscqucnces of such change. 4.2.6. Possible :Price wad Times A ustments: An equitable adjustment_ in the Contmct -Brice or in the Comract Tjrnes, or both will be.allowed,t6 the ;extent that the' existence of such uncov red or ret'ealed "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 riiustmeet any one or more of the categories described in paragraphs 4.2.31 through 42.3.4,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; 42.6:3 with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will bz subject, to the provisions of paragraphs 9.10 and 119; and 4.2.6.4. CONTRACTOR shall not be entitled toany adjustment in tie Contract Price or Times 4.2.6:4.1. 'CONTRACTOR knew of the evstence of such conditions at the time CONTRACTOR made a final commitment to O'tINER in respect of Contract Price and Contract 'Times by the 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 cxaminatioA 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 42.6A 3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2 3. If 0WNTR and CONTRACTOR are unable to agree on cntitlement.to or as to the amount,or length of.any such eyudable adjustriient in .the Contract Price or Contract Times, a, claim may be made therefor as provided in Articles I I and l2. However, OWNER, ENGINEER and ENGINHER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses br damages sustained by CONTRACTOR an or in connection with any other project or anticipated project 4.3, Ph}mical Conditions -Underground Facilities: 4.3,1. Showi or1fi&ca1ed:, The information and data sliowrt or indicated in the :Contract Doeu'meitts with respect to existing"underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ) 4d]NTEER by the owners of such underground Facilities or by others. Unless it is otherwise. expressly. provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 43.1,2. 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 infuriation 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. coristruetion, and :(iv)the safey and protection of al("such._Undetground Facilities as provided tit paraQaph 6.20 and repairing any damage them the Work. 4.3.2. Arol Shown or Indicated: If.an Underground Facility is `uncovered or revealed at or contiguous to the site which teas not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately alter becoming aware thereof and before further disturbing conditions affected thereby or petfarming:any Work in connation therewith (except m an. emergency as required by paragraph 6.23), identih, the owner of such Underground Facility and I:,JGDCGErr`ER 1 CONDITIONS 1910-5 (100 Editim") a•/ CITY OF FORT COLUM MODIFICATIONS (REV 4R000) give written notice to that_owner and to.C)'"IN d2 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 R40INHfiR 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 tune, CONTRACTOR shall be responsible for the safety and ,protection of such Underground Facility _ as., . provided in ramph 620. COI?RACTOR che}1 may be allou+ed 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 to have "wipeted. If OWNER and. CONTRACTOR are u—nable to ageec on entitlement.►o or the amount or length of any such adjustment iu Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in.Atticles l 1 and 12. How eve OWNER, ENGINEER and ENGINEER's Consultants shill "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. Referehee 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 milt the Work. CONTRACTOR shall be responsible for..laying out the Wofk shall protect and Reserve the established reference points and shall make no changes or relocations without the prior written approval of OAANTER CONTRACTOR shall report to ENGINEER whenever, any reference point is lost of 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, Razardems Waste or Radioactive Material: 4.5A. 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. 01Yl TER shall not be respoitstble for any such materials brought to the site by CONTRACTOR, . Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. H H 1 . MDCGEI ERALCONDITIONS191m(199(iEdilim) W CITY OF FORT COLLI N5 MODIFI CATIONS (REV 4P.00a) ARTICLES I30i\DS AND INSURAiNCE 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 peifmmance and payment of all CONIRACTOWs 'obligations: u ndcr the Contrail Documents. These Bonds shall remain in effect at least until one veer after the date when 6rial payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also famish such other Bonds as are required by the Supplcmentar} Conditions. All Bonds shall be iri:the.fid prescnbed,by the Contract Documents except as provided othcrwise 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 Circular570 (amended) by the Audit Stall; Bureau of Government Financial Operations, U.S. Treasury Iicpartment All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to acl. 5.2 If the surety on any . Bond furnished by CON1— 1TRACTOR, is declared a bankrupt., ;or becomes insolvent.or its right, to do business rs terminated in any state where any part of the Project is located or ii ceases to meet the requirements of paragraph 5.11 shall within ten days. thereafter substitute another Bond and surdy; both of which must be acceptable to OWNER. &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 OIXNER 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 issiie.Bonds or insurance policies for the limits and coverages so requiiiii Such surety and insurance companies .shall also meet such additional requirements:i iW qualifications as may be provided in the Supplementary Conditions. 53:2. G.?!ITRACTOR.:shall deliver to ONNINER, 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 CONTRACT OR'is reyuiicd to purchase and maintain in accordance with paragraph 5.4. 0WINER—shall COATR4CTOR'sLiahiGry 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 ivill 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 performedor furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed° by any of then 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 benefitsand other similaz'cmplcycc benefit acts; 5.4.2. claims for damages because of bodily injury, occupational srcl.ness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury,, sickness or disease, or death of any person other than CONTRACTOR'S employees; ?� 4-claims-far--•damegzs-insured-�y-custontery ethf. reBsoix 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 tise 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 S 4:6 inclusive and 5 4.91 include `as additional itlsiireds (subject to any customary exclusion to respqqt.. of professional liability); OWNER. ENGINEER, ENGINEER's Consultants :and 'aiiy'other persons or entities identified in the Supplementaiy'Conditions, all of whom shall be listed as additional insuredsy and include coverage for the :respective officer's and eriiplo}ees ,of all such 5.4.8: include the specific coverages and be written for not less'than the liinits of'Nibility provided in the Supplementary 'Conditions or required by Laws or Regulattons;:whichevcr n-greater SA-9: include completed operations insurance; EJCDC GENERAL COND111 Oh51919.5 0990 Edticn) wd CITY OF FORT COLLINS MODIFICATIONS (M 4/1000) 5.4.10include contractual fiability insurance covering 'CONTRACTOR's indemnity obligations under paragraphs E.12, 6.16 and_611 through 6.33; S.4.T1.: contain a provision or endarsenwrit that the coverage afforded will not be,ncelled materially changed or renewat"refused uritii at least -thirty days' prior written notice has been given to O1V1�7 R and CONTRACTOR and;to each oihenaddit oml insured identified m fife Supplementary Conditions to whom a certificate of iiistuance has been `issued (and the certificates of. Insurance fumisfietl 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 dries thcreafte when CONTRACTOR may be correcting, removing 'or replacing ckfective Work- in accordance with paragraph 13'.12 and. 5.4.13.. Kith respect to completed operations iiisurdnoe, and any insurance coverage written on a claims -made basis, remain in effe& for at least two years a8cr filial payment .(and CONTRACTOR shall furnish OWNER and cacti other `adaitional insured identified in the Supplementary :Conditions to whom a ccrtificaie of insurance has been issued evidence satisfactory to OWNER ,and any such additional insured' of continuation of'such insurance at final p ty�inent and one year thereafter). OTVAT-R's Lfobiliry Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR _under paragraph 5.a O�'I�TER at OWNER'S option, may puric and maintain at OWNER'S expense:O«T'ER's own 1ifibilitt insurance as will protect 01k NER against claims which may arise from operations under the Contract b6curnerim ` Property lnsuiance: 5;6.—i3it1es,5-otherwise-pictvided-in-flue-;Supplementary Ec�rxLur�-0--s}iall=purchase=-uiid- maintain vrii�-r at ef- ilia-feH =replacetii tt-cost��ei4(sitblect to -such dedudibl�--amounts=-as-may-be-pevtdad--in-the Snpplenrentary--C-ondittons-or-reyti:rail-by-i-aws-arid Roplati. Ill 7 ineltide—the—iiKet sus- ef—OWN-E1. Qmsulwnts And OF uintttle is-tdettkiie}-tn-t#te=,5itpplemeuleri--Eonditions; eae}i-©f�whrlm-tsrtkemed-to�te�r-an=atsttratle-interrst aril♦Mall-bes}Istedas-eat=irisdred•er-audit-ieiial�iitsuri�d; - .._.be i=isk" or , :,: _ st At the -e,_ 11svA.. ,.aril ,-€ire, ..P. -tended