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HomeMy WebLinkAboutBID - 7081 BRIDGE REPLACEMENT - WHITCOMB AND MAGNOLIA/"Fort of "�PurcM1asing Financial 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 cPhis page Icft blank intentionally.) EJCDC GENERAL CONDITIONS 1910-8 (1990 Editiao) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (RL•'V 4n000) 36 EJCDC GENERAL CONDMONS 1910-5 (1990 Edition) w/ CITY OG FORT COLLI NS iIODIGICATIONS (REV d/?000j EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RI:.SOLUTiON AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which FNGTNEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to LNG[NEER if a written decision has not been rendered by 6NGINF..ER 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 ENGI`i IEER's decision being final and binding upon OWNER and CONPRACPOIL If L-'NGWEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the ponies 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 w711 be filed in writing with the other party to the Agreement and with the American Arbitration Association and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty=day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable litre 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 lx barred by the applicable statute of limitations. EJCM GENERAL CONDITIONS 1910.8 (1990 Editiun) evt CiTY OF FORT COLLINS \MODIFICATIONS (REV 9199) 10.4, 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 mariner any other person or entity. (including ENGINEER ENGiNF,ER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such -other person or entity is . necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragmph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONCRAC"fOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. .CONTRACi'OR shall include in all subcontracts required by paragraph 6:11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor: Nothing in this paragraph 16:5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does tot otherwise exist. 16.6. The award rendered by. the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof; and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes. and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes") '. to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to [tie 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 -At F. XW GENERAL CONDITIONS 1910-9 (1990 Edlim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) GC -Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule days lost due to abnormal weather conditions. Rev 10/20/07 Section 00800 Page 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 % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative. ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing Rev10/20/07 Section 00950 Page 1 v LL O LLI C� a 0�wc9CDo� m¢ zZm 20 z o 2 zz z zO U` w z Z � m O ~ U 0 w w U LL w d 0 aLU a¢a LL LL F z W Q d O LL z O w p n ¢ O U W J LL LL a ¢ 1 W z O Of O F U F z O U 0 0 0 C) 0 0 613, 0 0 cn m U (0 aj c O) M O U c O N � 0 c p a co O U a3 a O N c O C « 0 0) j (n V U1 ¢ L O -O U Q N n a-0 Q CL ¢ O a5 U V T a � V) L ` V1 N 7 .L.-. 01 a3 C 0 U cm u0i a) Co c n a) O U O) is rn to O rn a) _ F O z U F J ¢ J F z Z) O ¢ Q' — N CO W m z L z c 0 O N a) c U cU J LL U a) C .L LL — ¢ o U O U .0 W c o O O U z m z D O c o ¢ O a) w _U O O T (n M a) m O � Y O v1 � td a) a) c O _ a •c S � U_ a O a) a5 ~ O_ ¢ -o U a ¢ 0 ,n t O n h Z rn U) M cc L c U a) c a T a) O a) .0O C a) a) F- a)> V Fn ¢O U Y (D L LL C O 3 3: -0U f6 z a a) z UFL-w HOU O T m a O O O F4 O . rl U N U) C N -p � O � N LL m O N 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 CD CD CD O O O CDa 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 0 O - V! V3 V3 V3 EA EA 69 V3 EA 0916F). 64 69 64 64 b9 69 63 V4 64 64 69 64 6464 V> V3 V> 69 Vf 64 64 64 64 a H W F- A a � N N N O _ ` O @ L N O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 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 a E6'6'6" R6Rv)-" A0969EA09696969Efl6AEA69646HE01,60,69696901-b9d961-696F?6lVA N Q N d E 2 U H O O 000000000000000ooO0oo0000000000000 O.O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 O 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 E V} V) " 63 69 64 " 69 64 Vi V , Vf 69 64 6413 64 Vl V) Vl 64 64 64 EA EA V> EA V> fA 64 64 64 V , V) 64 (D Q 0 :3 a.0 a Z .4 E > •0 ��CD U a C� Q Z U W O o 0 0 0 0 0 0 0 o O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o 0 0 J 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 a} 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 a Q E 64 64 Va Va Va V> Vt 64 69 64 Va 64 Efl 69 Vs 64 EA V , EA 64 64 63 61 64 64 V} 64 64 Va EA V> 63 EH 64 Q a Q a� Y d L 0 E NC O U �H� Ci -z!OOOOOOoo0000000000000000o0o0Oo0oCDC) S9oo0oo0000000000000000000000000000 0oo00000000000000000000000000000000 E V)V)V9,Vi646469-63636+6q-69i646464V9,646464Vi640)64V3I6364696k6iV361E9,6464 Q aD U 5a 'c N Z � c O m Q O H U � .Q � U J O U m E E 00 Y Z V 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. 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V»69- H of 0 0 va M- J O H 144 O tp rd rw 0 rn 0 0 r. O .H U O cn PROJECT AND STANDARD SPECIAL PROVISIONS Bridge Replacement - Whitcomb and Magnolia Bid No. 7081 Prepared for: City of - 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 Index Pages Pages NoticeTo Bidders----------------------------- ------------------------------------------------------------------------ 1 PayApplication------------------------------------------------------------------------------------------------------2-3 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--------------------------------------------------------------------------------------------------------35 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 PROJECT SPECIAL PROVISIONS Bridge Replacement - Whitcomb and Magnolia Bid No. 7081 F 7m City of :ort Collins Whitcomb and Magnolia Bridge Replacement Project Special Provisions NOTICE TO BIDDERS September, 2009 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) 416-2719 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. Whitcomb and Magnolia Bridge Replacement Project Special Provisions COMMENCEMENT AND COMPLETION OF WORK September, 2009 The Contractor shall commence work under the Contract on or before the 5th 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 • Phasing for Forming, Steel Tying and Concrete Pouring • Curb, Gutter, Sidewalk and Driveway Construction Section 108 of the Standard Specifications is hereby revised for this project as follows: H Whitcomb and Magnolia Bridge Replacement Project Special Provisions REVISION OF SECTION 100 GENERAL PROVISIONS September, 2009 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. Whitcomb and Magnolia Bridge Replacement Project Special Provisions REVISION OF SECTION 101 DEFINITION OF TERMS September, 2009 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. on 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.O 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 00100 Page 6 Whitcomb and Magnolia Bridge Replacement Project Special Provisions REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA September, 2009 Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include 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, Fort Collins, Colorado 80522 and may be examined online at: City of Fort Collins: https://fcgov.com/purchasing 2. https://secure3.fcgov.com/bso/ WHITCOMB AND MAGNOLIA BRIDGE REPLACEMENT Plan Sheet No's. 1 to 8 7 Whitcomb and Magnolia Bridge Replacement Project Special Provisions REVISION OF SECTION 104 SCOPE OF WORK September, 2009 Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.02 shall include: Site Conditions A. General: 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 andfacilities 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. 0 Whitcomb and Magnolia Bridge Replacement Project Special Provisions -2- REVISION OF SECTION 104 SCOPE OF WORK Differing Subsurface Conditions: September, 2009 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. 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. 2. 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. 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. Es' Whitcomb and Magnolia Bridge Replacement Project Special Provisions -3- REVISION OF SECTION 104 SCOPE OF WORK September, 2009 3. The Contractor shall protect all utility poles from 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. 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 shall take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or 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. 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 Whitcomb and Magnolia Bridge Replacement Project Special Provisions -5- REVISION OF SECTION 104 SCOPE OF WORK Subsection 104.05 shall include: Contractors Use of Premises September, 2009 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 The 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. 12 Whitcomb and Magnolia Bridge Replacement Project Special Provisions REVISION OF SECTION 105 CONTROL OF WORK September, 2009 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 coordination of 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 Project Special Provisions -2- REVISION OF SECTION 105 CONTROL OF WORK September, 2009 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 items taken 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. 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: 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 fabrication processes (except where 14 Whitcomb and Magnolia Bridge Replacement Project Special Provisions -3- REVISION OF SECTION 105 CONTROL OF WORK September, 2009 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. 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: 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 Project Special Provisions -4- REVISION OF SECTION 105 CONTROL OF WORK September, 2009 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 identified. 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: 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 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 Rev 10/20/07 Section 00100 Page 7 Whitcomb and Magnolia Bridge Replacement Project Special Provisions -5- REVISION OF SECTION 105 CONTROL OF WORK G. Effect of Review of Contractor's Submittals: September, 2009 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 Whitcomb and Magnolia Bridge Replacement Project Special Provisions -6- REVISION OF SECTION 105 CONTROL OF WORK September, 2009 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 Project Special Provisions REVISION OF SECTION 106 CONTROL OF MATERIAL September, 2009 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: This section describes the procedure required by the Contractor for product substitutions. 2. Requests for Substitution: 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. 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. 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". 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 Project Special Provisions -2- REVISION OF SECTION 106 CONTROL OF MATERIAL 2) For products: September, 2009 i. 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. ii. 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. 99 Whitcomb and Magnolia Bridge Replacement Project Special Provisions -3- REVISION OF SECTION 106 CONTROL OF.MATERIAL September, 2009 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. Contractor's Option: 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. 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 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. 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 1. 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 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. 491 Whitcomb and Magnolia Bridge Replacement Project Special Provisions REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS September, 2009 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: 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 borne by the Contractor. 24 Whitcomb and Magnolia Bridge Replacement Project Special Provisions -2- REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS September, 2009 2. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul away contents such that no overflow exists. 3. 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. Permits 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. 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 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 ate 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 Whitcomb and Magnolia Bridge Replacement Project Special Provisions REVISION OF SECTION 108 PROSECUTION AND PROGRESS September, 2009 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 Project Special Provisions -2- REVISION OF SECTION 108 PROSECUTION AND PROGRESS September, 2009 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. 28 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 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 materials, 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. 29 Whitcomb and Magnolia Bridge Replacement Project Special Provisions REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is revised as follows: Subsection 608.01 shall include the following: September, 2009 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 Concrete Sidewalk (6") Concrete Driveway (6") PAY UNIT Square Foot 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 East Jordan Iron Works, Inc. Truncated Dome Plates 800-626-4653 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 = B' — B' x 100 Bi Where B, = Light Reflectance Value (LRV) of the lighter area B, = LRV of the darker area Absolute black and white will not be permitted. 31 Whitcomb and Magnolia Bridge Replacement September, 2009 Project Special Provisions -2- REVISION OF SECTION 608 DETECTABLE WARNINGS The 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 Project Special Provisions -3- REVISION OF SECTION 608 DETECTABLE WARNINGS September, 2009 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, includingsand, 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 INY_\'A1111►t" Concrete Ramp w/ Truncated Domes (8") Square Foot 33 Whitcomb and Magnolia Bridge Replacement 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: September, 2009 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. 35 STANDARD SPECIAL PROVISIONS Bridge Replacement - Whitcomb and Magnolia Bid No. 7081 F6rtCollins SECTION 00300 BID FORM 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 161.89 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 (USAGE), 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 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 Stormwater Quality Guide (2) COOT 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 that 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. 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 replace with 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 summer and winter when seeding is 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. In subsection 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: Wheneversediment 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 (j) 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 abrasivd 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. Subsection 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: (1-1) 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 properly 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 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 or. perform 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 208.04 (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 $875 for each calendar day after the 48 hour period has expired, that one or more of the incidents of failure to perform the requirements of CDPS-SCP, including, but not limited to items (1) through (14) above, remains uncorrected. SECTION 00300 BID FORM PROJECT: Place Date 1. In compliance with your Invitation to Bid dated 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR. under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through Rev10/20/07 Section 00300 Page 1 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 and 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 or to 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 shall 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 COOT'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 COOT, 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 COOT. Cost savings generated to the Contract as a result of VECP offered by the Contractor and accepted by the COOT shall be shared between the Contractor and the COOT. 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 COOT 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 COOT to eventual approval of the full VECP. The following information shall be submitted for each Conceptual Proposal: 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 CDOT is required to avoid delays to the existing contract prosecution (ii) the amount of time necessary to develop the full Proposal 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 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 CDOT 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 CDOT 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 CDOT. (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. B. 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. August 1, 2005 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: 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. 2. 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. 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 Factor "F" 100 percent size sieve 1 12.5 mm (1/2") sieve and larger 1 150 pm (No. 100) sieve to 9.5 mm (3/8") sieve inclusive (except 100 percent size sieve) 3 75 pm (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 0.60 304-Aggregate Base Course Gradation 0.60 4037Hot 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. 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. W a Q w x u U) m 97,2 m m J a 0 O N V O a ~ z O J (n U U J (n (n (n J J J } H CO F- Z •- (n 00 O CV) Cl)U) N 0) (n O (n a 04 N r- 00 (0 .- Lr) d T (9 W � U e Z ° bo U O 2 CA >, 0o ct d) E c9 ai > > o o m m x x x > c = _ . c o mm o a o zo zo 2 o p p — v Y �p 3 .0-0- U U U N N a°'i m 3 in (n CI N •� 0 U U c c •'00 (n m Q' N N N N 0 C O` w w U N a0 .O. .O. f"0 N N 0 N N F- H N U c C U oc U - 0) O � 0 UU 0 N m co)UU O O 1 10U 3 O O — N — N M — N r- Z O. Oo O O O O O O O Cl O O .- N 00 00 00 0) O (D. 0 fW. 04 LO ((00 ((00 ((D (0 (OO (O co (0 (D (NO 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. 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 107.06 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. Prior to 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. 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 & Health 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. 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. April 12, 2007 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. 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: 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 of 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. June 5, 2009 I REVISION OF SECTION 109 FUEL COST ADJUSTMENT 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 OPTS 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(CI P)j 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/SWInch depth 412-Portland Cement Concrete Pavement 0.03 Gal/SWInch 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. June 5, 2009 2 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 20th of the month a February estimate will include HMA quantities measured from the 21s1 of January through the 201h 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) 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. 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 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) General. 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). 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: CONTRACTOR BY: Signature Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Email Date Rev10120/07 Section 00300 Page 3 April 12, 2007 REVISION OF SECTIONS 601, 606, 608, 609, AND 618 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 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). April 30, 2009 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: 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) Cementitious Content: Minimum or 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 1'/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 b 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: An 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 pavements needing 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 '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 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 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 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). J April 30, 2009 3 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, then the Engineer may accept a concrete mix for that location that meets the corresponding sulfate protection 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 Sulfate (SO4) in Water cementitious Cementitious sulfate sulfate (SO4) in water, ppm ratio, maximum material exposure dry soil, percent, requirements Class 0 0.00 to 0.10 0 to 150 0.45 Class 0 Class 1 0.11 to 0.20 151 to 1500 0.45 Class 1 Class 2 0.21 to 2.00 1501 to 10,000 0.45 Class 2 Class 3 2.01 or greater 10,001 or greater 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 C 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 0.10 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, III, or V with a minimum of a 20 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 cu red 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. April 30, 2009 5 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 C.29) 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 ASTM C 150 Blended Hydraulic Cement ASTM C 595 Hydraulic Cement 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. 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J Ow rn Q' i.Q d m N w is J Q F Q .o :2 m m C a � j F ® jo Z z o o Q om U 4' m o "o O ro F O �', 3 �7- N O O r w U U 2 p m F t o yZocwO Nwo3 Wuv3iwWz Fz a `i�xil� o3 wvi�ZZ"ooio� v ^ U(n Lj WIoa oVdS 03as w i �o dAl) xz'1NOO p-£ d 3 a z r dS 03Ya a N00 b#-£ O O O O O O O $Oa - m U o n � U o a e � a a W „0 „ L „9-,3 „Z/( 0-,l om C� U `O �a - 00d U O 1 o zz o rn w m < W Z Z a \ U > r O O N O o r z`~"� Z o^ 'a a GF N O J = o"o 0 cn�3 Q ow 3Q o CZ, d41 5 z<M < Q'z 0 d N owo a 00 �w� w UO, J j aN Obi m zvl o LLJ oo�aQWj M Q Z pW a o a zm zw�z u ZN a �moooO 0 m Vl. m � O� OV it Z ` L) w w Q LJ E w rM o� n� 4'C9 ao moo z v,zm,_ OZ zow �< m z U o a !se Gcl zU z oa OG7 oza Nm0 *�mo UZ W i t I I z zzw W W m OONWo 0 00 z r o < O©13M00 „O-.Z a HH oum tO w „ZL „9-,£ OL ..OL Ol ..9-.OL Ol .,OL ..9-s ou © 13MOO x HH Lul� megyJfOd V1e Bl5tIZl6WIJeE5'eweFeOdNw.x�wele ehVe awn+Wlt��NeqavewwMee ahV9 9WleWnwwpyMpeEWBlwNeb MWeJ�a 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 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7081 Bridge Replacement - Whitcomb and Magnolia. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his, faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any.and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety, and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. Rev10/20/07 Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name• Address• By: Title: ATTEST: By: (SEAL) SURETY By: Title: (SEAL) Rev 10/20/07 Section 00410 Page 2 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3.' When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 0 9 Have you ever failed to complete any Work awarded to you? If so, where and why? Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. Rev10/20/07 Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL Rev10/20/07 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of , 20 Name of Bidder By: Title: State of County of being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires 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 15% of the contract. ITEM SUBCONTRACTOR Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: TO: 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 20 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 Three (3) copies ,of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by 20 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions 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. By: City of Fort Collins OWNER James B..O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 0 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 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. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as`penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Four Hundred Thirty Dollars ($430.00) for each calendar day or Section 00520 Page 1 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 ($430.00) day or fraction thereof that expires after the day period for Final Payment and Acceptance until for Final Payment and Acceptance. 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided.in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning _Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be.no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total. payments to CONTRACTOR to 95% of the Contract Section 00520 Page 2 SECTION 00020 INVITATION TO BID Rev 10/20/07 Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:. 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which.pertain to the subsurface or physical condition at or.contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary, for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of .paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 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. Section 00520 Page 3 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in' performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4Consent of Surety 7.2.5Application for Exemption Certificate 7.2. 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. 7.4. Addenda Numbers to , inclusive 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. Section 00520 Page 4 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 S. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,. assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. Section 00520 Page 5 11 OWNER: CITY OF FORT COLLINS CONTRACTOR: By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attest: City Clerk By: Title: Date: (CORPORATE SEAL) Attest: Address for giving notices: Address for giving notices: • 1:Z11 Fort Collins, CO 80522 LICENSE NO.: Approved as to Form Assistant City Attorney 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: By: Title: Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 ,a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the _ day of , 20_, 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. Rev 10/20/07 Section 00610 Page 1. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.. PROVIDED, FURTHER, that the' Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20 . IN PRESENCE OF: Principal 0 (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) (Title) (Address) Other Partners By: By: Surety By: By: (Address) 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. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the _ day of , 20_, 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. Rev 10/20/07 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20 . IN PRESENCE OF: Principal By: (Corporate Seal) (Title) (Address) IN PRESENCE OF: Other Partners IN PRESENCE OF: Surety By: By: (Surety Seal) (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev10/20/07 Section 00615 Page 2 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 8th, 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.jsp 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 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Rev10/20/07 Section 00630 Page 1 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 AUTHORIZED REPRESENTATIVE DATE REMARKS: Rev10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 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: 20 Sincerely, OWNER: CitV of Fort Collins By: Title: ATTEST: Title: Rev10/20/07 Section 00640 Page 1 SECTION 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 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. Rev10/20/07 Section 00650 Page 1 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 . CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: Notary Public Rev10/20/07 Section 00650 Page 2 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 of the Contract between the OWNER and the CONTRACTOR as indicated above, for ( Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power_ of Attorney and Certificate of Authority of Attorney (s)-in- Fact. Rev 10/20/07 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) ON DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION 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: Copies of contract, or 1.agreement'pages (1) identifying the coritractmg parties . '. EXEMPTION INFORMATION;,and (2)contairiing>signatures.ofcontracting'partiesrn stbeattached Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: TTitle 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 No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 50 of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member. of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Rev10/20/07 Section 00020 Page 2 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS Of TIIE CONSTRUCTION CONTRACT prepared by the Engineers Joint. Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as base. Changes to that document are shown by underlining test that has been added and striking through tem that has been deleted. EJCDC GENERAL. CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (ItEV 9/99) Article or Paragraph Number $:Title TABLE OF CONTENTS OF GENERAL, CONDITIONS Page Article or Paragraph Num her Number &s Title DEFINITIONS 1 1.1 Addenda ............................... .............. I L2 Agreemenk.........................................1 1.3 Application for Payment.,.,,,,,„........ 1.4 Asbestos _......:. l 1.5 Bid......,.:....................:.......................I 1.6 Bidding Documents .........:..................1 1.7 Bidding Requirements......., ....... 1. 1.8 Bonds..:..............................................1. 1.9 Change Order 1.10 Contract Documents„.................„..,.,_.1_ 1.11 Contract Price,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I 1.12 Contract Times 1 1.13 CONTRAACTOR,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,1 L14 defective.............................................I 1.15 rawings............................................1 Drawings, ..... ...................................... 1.16 Effective Date of the Agreement t.._........ 1 1.17 ENGINEER 1 1.18 ENGINEER's Consultant 1.19 Field Order ......................................... 1 1.20 General Requirements .......................... 1-21 Hazardous Waste ................................. 2 i.22.a Laws and Regulations; Laws or Regulations., ........... .............. 2 L22.b Legal Holidays ...................................... 1.23 Liens ................:........:. ..........? 1.24 Milestone ............................................. 2 125 Notice of Award 2 1.26 Notice to I'roc:42 1.27 OWNER ............ ........... .....:................ 1.28 Partial Utilization................................2 129 FCBs ............................. ..................2 1.30 Petroleum ...... ..................................? 1.31 Project ------ ......................................... .? 1.32.a Radioactive Material 1.31b Regular Working Hours,,,,,_ 133 Resident Project Representative..,. ......... 2 1.34 Samples..".... 1.35 Shop Drawings ........................... 2 1.36 Specifications ........................ ............... '- 1:37 Subcontractor 2 1.38 Substantial Completion. ........................2 1.39 Supplementary Conditions'...................2 1.40 Supplier. 1,41 ........... Underground Facilities ... ...... ............... 1.42 Unit Price Work..................................3 1.43 Work..........................:......................:3 1.44 Work Change Directive ........................ 1.45 Written Amendment Page Number 2. PRELIMINARY MATTERS ..............._..._...._..,..3 2.1 Delivery of Bonds,,,,,,,,,,,,,,,,,,,, 2.2 Copies of Documents ........................ 3 2.3 CommencementofContract Times; Notice to Proceed 3 2.4 Starting the Work „_....*................. 3 2.5-23 Before Starting Construction; CONTRACTOR'S Responsibility to Report; Preliminary Schediles; Delivery of Certificates of Insurance 3-4 2.8 Preconstruction Conference;,,,,,,,,,,,, 4 . 2.9 initially Acceptable Sehedules,_.....,..4 3. CONTRACT DOCUMENTS: INTENT, ASV R TDING, REUSE..........................................4 3.1-3.2 Intent .. ..........._........._................ 4 3.3 Reference to Standards and.Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives ..................................... 5 3.5 Amending Contract Docunents,........ 5 3.6 Supplementing Contract . Documents ................................... 5 3.7 Reuse of Documents_........................5 4. AVAILABILITY OF LANDS; SUBSURFACE:AND PHYSICAL CONDITIONS; REFERENCE POINTS 5 4.1 Availability of Lands .......... .......... 5-6. 4.2 Subsurface and Physical Conditions....................................6 4.2.1 Reports and Drawings ......................6. 4.2.2 Lim itedReliancebyCONTRAC- TORAuthorized: Technical Data 6 4.2.3 Notice of Differing Subsurface or Physical Conditions..................fi 4.2.4 FNGTNEER's Review .......................¢ 4.2.3 Possible Contract Documents Change. .............. .......... .......... 6 4.2.6 Possible Price and Times .Adjustments... .......................... _0-7 4.3 Physical Conditions --Underground Facili tics .................... ....4.............. 7 4.11 Shown or Indicated .............7 4.3.2 Not Shown or Indicated_ ................7 4.4 Reference Points .............................. 7, EJCDC CENERAt, CONDITIONS 19I0.3 (1990 EDITION) w/ CITY OF FORT COMINS MODIFICATIONS (RF.V 9/99) Article or Paragraph Page Article or Paragraph Page Number ;Y Title Number Number &: Titic Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 7-8 ..................... 5. BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance. Payment and Other Bonds ............................................... 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance...,....... ................... 8 5A 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 Proxision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts .................... 10 5:10 Other Special Insurance, ..................... 10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and Application of Insurance. Proceeds ...................... 10-11 3.14 Acceptance of Bonds and Irisa- ance; Option to Replace.................:..I I 5.15 Partial Utilization --Property Insurance.......:....::...:.:....................1 l 6. CONTR.,\ 'fOR'S RESPONSIBILITIES ,,,,,,,,,,,,,,, I i 6.1-6.2 Supervision and Superintendence ....... 11 63-6.5 Labor, Materials and Equipment_._ 11-12 6:6 Progress Schedule............................ ..12 6.7 Substitutes and "Or -Equal" Items: CONTRACTORS Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation.............12-13 6.8-6.11 Concerning Subcontractors, Suppliers, and Others; Waiver of Rights..... ­ . ..... I ........... J3-14 6:12 Patent Fees and Royalties ........ ........... 14 6.13 Permits, ......................................... _14 6.14 Laws and Regulations ....................... 14 6.15 Taxes...........................................14-15 6.16 Use of Premises .................*............... 15 6.17 Site Cleanliness IS 6.18 Safe Structural Loading.....................15 6.19 Record Documents..............................15 6.20 Safety and Protection 15-16 6.21 Safety Representative ........................16 6.22 Hazard Communication Programs,..,., 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Samples ............ _16 6.25 Submittal Proceedures; CON- TRACTORs Review Prior to Shop Drawing or Sample Submittal 16 6.26 Shop Drawing S- Sample Submit- tals Review by ENGINEER .....16-17 6.27 Responsibility for Variations From Contract Documents17 6.28 Related Work Performed Prior to ENG1NLER's Review and Approval of Required Submittals17 6.29 Continuing the Work......................17 6.30 CONTR\CTOR's General Warranty and Guarantee...............17 6.31-6.33 Indcm nitication,-.,. 6.34 Survival of Obligations ................... Is 7. OTHER WORK .......<........:....:....:....:.................18 7.1-7.3 Related Work at Site.......................18 7A Coordination.,.... .............. ........... 18 S. OWNER'S RESPONSIBILITIES ......................... I S 8.1 Communications to CON- TRACTOR ................................. IS 8.2 Replacement of ENGINEER Is 8.3 Furnish Data andPay Promptly When Due............:.....................18 8.4 Lands and Easements; Reports and Tests ............................ .18-19 8.5 Insurance........................................19 8.6 Change Orders. .............................. 19 83 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CON'rRAG1'0Rs Services ......................................19 8.9 Limitations on OWNER'S Responsibilities ............ . ........ ......19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material.................. ... 19 8. I 1 Evidence of Financel Arrangements .............................19 9. ENGINEERS STATUS DURING CONSTRUCTION.............................................19 9,1 OWNER's Representative ............... 19 9.2 Visits to Site ..............:................... 19 9.3 Project Representative,,,,,,,,,,,,,,, 19-21 9.4 Clarifications.and Interpre- tat ions.........................................21 .9.5 Authorized Variations in Pbrk........ 21 EJCDC GENER-AL CONllfr'IONS 1910.8 (1990 EDITI014) wl CITY OF FORT COLLINS MODIFICATIONS 1REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Num her Number &: Title Number 9:6 Rejecting Defective Work....................21 13.8-13.9 Uncovering Work atENGI- 9.7-9.9 Shop Drawings, Change Orders NEERs Request .....................27-28 and Payments....................................21 13.10 OWNER May Stop the Work ..........28 9.10 Determinatirns for Unit Prices.__,,. 21-22 13.11 Correction or Removal of 9.11412 Decisions on Disputes; ENGI- Defective Work ..........................28 NEERas;Initial Interpreter. . ............ 22 13.12 Correction Period ......... ,,,,_.............28 9.13 Limitations on EATGINEER's 13.13 Acceptance of Defective Work ......... 28 Authority and Responsibilities ..... 22-23 13.14 OWNTER May. Correct Defective. Work 2S <9 CHANGES IN THE WORK 23 16.1 OWNERS Ordered Change, ............... 23 14. PAYMEN-TS `To CONTRAcToiz AND 10.2 Claim for Adjustment .......................23 COMPLETION ...... ................ ........ ...................29 10.3 Work Not Required by Contract 14A Schedule of Values ........................29 Documents......................................23 14.2 Application for Progress 10.4 Change Orders..................................23 Payment..................................... 10.5 Notification of Surety ..... ............ _.„23 14.3 CONTRACTOR's Warranty of Title )9 CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments ........... ....... 29-30 Adjustment; Value of 14.8-14 9 Substantial Completion,,,,,,, ...., ....... 30 the Work....................................23-24 14.10 Partial Utilization .....:............... 30-31 11.4 Cast of the Work ................... ........ ,4-25 14.11 Final Inspection.............................31 11.3 Exclusions to.Cost of the Work,_,.,,,,,, 25 14.12 Final Application for Payment ........ 31 11.6 CONTRACTOR'- Fee ......................... 25 14.13-14.14 Final Payment and Acceptance ,,,_ ... 31 I IJ Cost Records ......... 25-26 14:15 Waiver of Claims 31-32 11.3 Cash.Allowances .................... ;..... , .,26 11.9 Unit Price Work................................26 15, SUSPENSION OF WORK AND TERMINATION................................................32 CHANGE OF CONTRACT TIMES ............................ 26 15.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment.._.,. M 15.2-15.4 OWNER Inlay Terminate._,., 32 12.2 Time of the Essence,,,,,,,,,,,,,,,,,,,,;,,,,, _6' 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate;,,,,,,,,,,,,,,,; 32-33 Control .....:................................ Z6-27 12.4 Delays Beyond OWNER's and 16. DISPUTE RESOLUTION,,,,,:33 CONTRACTOR's Controlr7 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DE17EC77PE WORK ......... :......................... ............ ...27 13.1 Noticc of Defects...............................27 13.2 Access to the Work ,,;47 13.3 Tcsts and lnspcctions; CONTRACTOR's Cooperation,,,,,,,,, 27 13.4 OWNER's Responsibilitim Independent Testing Laboratory,.......27 13.5, CONTRACTOR's Responsibilities ..... ...... ........... .: .......27 13.6-13.7 Covering.Work Prior to Inspec- tion, Testing or A'pprovat...............27 iv 17, MISCELLANEOUS 33 17.1 Giving Notice................................33 17.2 Computation of Times.,,,,,,,,,,,,,,,,,,, 33 17.3 Notice of Claim .......... .................. 33. .... 17A Cumulative Remedies....................33 175 Professional Fees and Court Costs Included 33 17.6 Applicable State Laws ........ ..... . 33-34 Intentionally left blank......................................35 FXHIBIT GC -A: (Optional) Dispute Resolution Agreement.... ................. GC -AI 16.1-16.6 Arbitration _„....,.,__.„.__.GC -AI 16.7 Mediation GC -AI EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) wt CITY OF FORT COLUNS NIODIFICAPONS (RF.V 9199) INDEX TO GENERAL. CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Insurance ........................ ................ 5.14 defective Work .... ................ :....... 10.4.1, 13.5, 13.13 Final payment ............ ........... .•------......... 9.1 Z 14.15 insurance ......................................................... �.14 -. other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items ...................... Work by OWNER..............................2.5, 6.30, 6.34 Access to the - Lands, OWNTER and CONTRACTOR responsibilities ................• .................. .l site, related Work...... ............. I ...... ................. ­ 17.2 Work ... :................... ..........I.,......13.2. 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR.........................._........6.9.1, 9.13-3 ENGINEER..........................................6.20, 9.13.3 OWNER ................................................... 6.20. 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ................................. 5.7 Adjustm entc- Contract Price or Contract Times ...........................1.5, 3.5, 4.1. 4.3.2, 4.5.2. .............................4.5.3, 9.4, 9.5, 10.2-10A, .........................................11, 12, 14.8, 15.1 progress schedule,.. .................. ................ 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy form............................5.6.2 Allowances, Cash ........ ................... ......... ............... 111-8 Amending. Contract Documents.., ................. I ........... 3.5 Amendment, Written-- in.gcneral................1.10, 1.45, 3.5, 5.10, 5.12; 6.6.2 ............. ....... I .....G.8.2, 6.19, 10.1, 10.4, ll: 2 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of......................................................1.3 ENGINEF.R's Responsibility .........•••_ .................. .9 final payment ..............•„ 9.13.4, 9.13.5, 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 definitionof ...................................................... I.A Article or Paragraph Number OWNER responsibility for ........ ............... ...... 4.5-1, 8.10 Possible price and times change,„ .......... :.......... .4.5.2 Authorized Variations in Work,,,_,,.-• 3.6, 6.25. 6.27, 9.5 Availability of Lands ........... ................. I ......... ,... 4.1, 8.4 Award, Notice of -defined', ... ............ ­ . ..... ...... 125 Before Starting.ConstructioR.............................�.5=2.8 Bid --definition of ................... 5 (1.1, 1.10, 2.3, 3.3, ... 4.2.6.4, 6.13, 11.4.3, 11.9,1). Bidding Documents -definition of........................I..........................1.6 (6.8.2) Bidding Requirements --definition of ............. I ........... I ............... 1.7 (1.1, 4.2.6.2) Bonds -- acceptance of ............................. _.. ................... 5.14 additional bonds....., ......... .................. 10.51. 11.4.5.9 Cost of the Work.................:...........................11.5A definition of.......................................................1.8 deliveryof ....................... ......... .„...................2.1, 5.1 Final Application for Payment..._ _ ,....._..14.12-14.14 general.....................................J.10, 5.175.3,.5.13, ......... .................... I .... I .... 9.13, 10.5. 14.7.6 Performance, Payment and Other ............. _..... 5.1-5.2 Bonds and Insurance --in general ............... I.................5 Builder's risk "all-risk" policyform....................... ..5.6 2 Cancellation Provisions, Insurance_..__...5.4.11, 5.8, 5.15 Cash Allowances ......................... ...........................11.8 Certificate of substantial Completion•,••„•.1.38. 6:30.2.3. 14:8, 14.10 Certificates of Inspection ...................9.13.4, 13.5, 14.12 Certificates of Insurance.............2.7, 5.3, 5.4:11. 5.4.13, .......................5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances .............................................. 11.8 claim for price adjustment.............4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ................... 9.5, 9:11. 10.2, 10.5, 11.2. 13.9. ....................... 13.13, 13.14, 14.7. 15.1, 15.5 CONTRACTOR's fee..........................:..............11.6 Cost of the Work general ...... .......................... ............... 11.4-11.7 Exclusions to,..:..:, :..........11.5 'Cost Records.....................................................11.7 in general.............1.19, 1.44, 9.11,.10.4.2, 10.4.3, 11 Lump Sum Pricitg..........................................11.3.2 Notification of Surcty. ..................._..,..„•._.,.,...._10.5 Scope of ........................................ ............. 10.3-10.4 Testing and Inspection, Uncovering the Work .................................. 13.9 E1CDC GLNERAL CONDITIONS 1910.8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9t99.) Unit Price Work Article or Paragraph Number Valueof Work ..................................................11.3 Change in Contract Times -- Claim for times adjustment ......... 4. 1, 4.2.6, 4.5. 5.15, 6.8.2. 9A 9.5., 9.11, 1.0.2. 10.5, 12,1. ...............13.9, 1113, 13.14, 14.7, 15.1, 15.5 Contractual time limits,,,,,,,,,,,,,,,,,,,,,,,;,........ 12.2 Delays beyond CONTRACTORs control .................... ......... ......... 12.3 Delays beyond OWNI ER's and CONTRACTORS control ............ ................ 114 Notification of surety .......... .............................. 10.5 Scope. of change... ........ ...................... 10.3-10.4 Change Orders: - Acceptance ofDefective Work .... ......... 13.13 Amending Contract Documents ............................ 3.5 Cash Allowances. .......... ............. I .... I ............... 11.8 Change of Contract Price,,,,,,,,,,_„ I I Change of Contract Times,,,,,,,,,,,,, .................... ................. I) Changes in, the Work,_...__.........--- _1 0 CONTRAcTOR's fee ........................................11.6 Co st of the Work 11.4-11.7 Cost Records 11.7 definition of ­ . ..................... 1.9 :' emergencies.., ................. ........... ....... 6.23 ENGINIEERs responsibility ....... 9.S, 10.4, 11.2, 111 executionoC ......... ......... ................................. jo.4 frulemnifiction .........................0.12, 6.16, 6.31-6.33 Insurance, Bonds and,_,._,___ 5,10,5_13, 10.5 OWNER may, terminate * ............ ......... 15.2-15.4 ONkr?,JERs Responsibility. . ............... __$A 10.4 Physi6al Conditions -- Subsurface and ......... ....... ........ ........ ........ . 4.2 Underground Fa6litics-7 ............................4.3.2 4.3.2 Record Documents Scope of Changq ............... ...................... 10.3-10.4 Substitutes ...... ................... 6.7.3. 6.8.2 Unit Price Work J 1.9 value of Work_ covered by ................................ 11.3 Changes in the Work .................... .......... ......... ....... 10 Notification of surety .................. ....... ..... 10:5 OWNERS and CONTRACTORs responsibilities ............................................10.4 Right to an, adjustment ...... .......................... IR2 Scope ofchange ............................ ............ 10.3-10.4 Claims -- against C(.)rrrRA(,-I'OR .................................... & 16 against ENGINEER ..................... ......... ...... _ 6.32 against QWNFP. ............ ;­ ....... ...... ......... 6.32 Change of Contract Price ........................... . §.4, 11.2 Change of Contract Times ........................... 9.4, 111 CONTRACTORs­ ..... ... -4. 7.1, 9.4, 95, 9,11. 10.2. ............... I ........... 11.2, 11.9, 12.1, 13.9, 14.8, ... I ....... .................... ... J5.1, 15.5. 17.3 CONYPRACTOR!s Fee 11.6 Article or Paragraph Number CONTIZACTORs 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,,,,,,,,,,,,,,, I ..... ­ .................116.1 Dispute Resolution Agreement. .......... ........ 1&1-166 ENGINEER as initial interpretor ..................... ' 9.11 Lump Stun Pricing ............ ........... -.1 ........... ­11. 3.2 Notice of OWNEWs .................... ?.4, 9.5, 9.11, 10.2, 11 . 2, 11.9 ......... . .............. 12.1, 13.9, 13.13, 13.14, 17.3 OWNERs liability...............................................5.5 '' - "'*...*''* 5. 5 OWNER may refuse Iomake payment- ................14.7 Professional Fees and Court Costs Included 17.5 request for formal decision on ............................ 9.,11 Substitute Items * ...... * ...... ­ ....... * ...... * ...... 6-7.1-2 *** ..... Time Extension .._ ........................... ......... ...... 12.1 Time requirements ......................... .......... 9.11, 12.1 Unit Price Work....._............................. 11.9.3 Value of j.1.3 Waiver of --on Final Payment ................. 14.14, 14.15 Work Change Pirective ­ ........... ................ ­* 10.2 written notice required ... ................. 11-2, 12.1 Clarifications.and Interpretations ............. 3.6.3. 9.4. 9.11 CleanSite ...... ...................................... .............. 6.17 Codes of'rechnical Society, Organization or Association, ............................................ ....33.3 Commencement of Contract Times...._..._.......... ..2.3 Communications-- general............................................... 6.21. 6.9.2. 8.1 Hazard Communication Programs,,,,.,,, „0.22 Completion- ' Final Application for Payment ..........................14.12 Final Inspection ...............................................14.11 ....... ............. ....... * ...... ­ ......... 14.11 Final Payment and Acceptance,,,,,,,,,,,,,,, 14.13-14.14 Partial Utilization ....................................... 14.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims............................................14.15 Computation of Times .. ........... * ........ * ..... 17.2.IA7.2.2 Concerning Subcontractors, Suppliers andOthers., -I .................. 1- ........ I ............... 6.M.1 I Conferences -- initially acceptable schedules., ............ ................. 2.9 preconstruction ..................................................... 2:8 Conflict, Error, Ambiguity, Discrepancy_ CONTRACTOR to Report ........ .................. 2.5,3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery, Equipment, etc,,,,,,,..,._,,,,, A Continuing the Work .................................... _6.29, 10.4 Contract Documents -- Amending..........................................................3.5 Bonds . ....... 5.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 ED111ON) w/ CITY OF FORT COLLINS MOMFICA 71 ONS (REV W991 Cash Allowances11.8 Article or Paragraph Number Change of Contract Price_„ ................................. 11 Change of ContractTimes.................... .................. 12 Changes in the Work .............. I .................. 10.4-10.5 check and verify,................................................ =.5 Clarifications and Interpretations .........................3.2, 3.6, 9.4, 9.11 definition of ................ ........ _........................1.10 ENGINEER as initial interpreter of,,,, 9.11 ENGINEER as OWNER's representative..............9.1 -enera13 Insurance...........................................................5.3 Intent....................:...................................3.1-3.4 minor variations in the Work.,,..,_......................3.6 OWNER's responsibility to furnish data_.............8.3 OWNER's responsibility to make prompt payment .......... ................ 8.3, 14.4, 14.13 precedence................................................3.1, 3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications of'fechnical Societies...................................3.3 Related Work.....................................................72 Reporting and Resolving Discrepancies „.;,,,,?.5, 3.3 Reuseof ........................................................... 3.7 Supplementing .... ::................... ..................... ... 3.6 Termination of ENGINEER's Employment..._.._._8.2 Unit Price Work:..............................................11.9 variations .......................................... 3.0, 6.23, 6.27 Visits to Site, FNGIVEER's....... ._..................... 9.2 Contract Price -- adjustment of ............... 3.5. 4.1. 9.4. 10.3. 11.2-11.3 Changeof...........................................................i Decision on Disputes........................................9.11 definition of....................................................1.11 Contract Times -- adjustment of ...._....................3.5. 4.1. 9.4, 10.3. 12 Change of .................. .............................. 12.1-12.4 Commencement of .........._.................................2.3 definition of.....................................................1.12 CONTRACTOR= - Acceptance of Insurance. .................................. 5.14 Communications„ ...... ..... ........... .... I.-...... 6.2. 6.9.2 Continue Work ........................................ 6.29. 10.4 coordination and scheduling ...........................6 9.2 definition of.....................................................iA3 Limited Reliance on Technical Data Authorized.........................................4.12 May Stop Work or Terminate,...,_....................1.5.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7.2, 13.2 Safety and Protection„ ......... ......4.3.1.2, 6.16, 6.18, .................................. I ... 6,21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal........................................0.25 Stop Work requirements,- . ............................. 4.5-2 CONCRACTOR'.s- Article or Paragraph Number Compensation....... ..­ .... ...... ................. 11.1-11.2 Continuing Obligation ....... .:............................ 14.15 Defective Work...............................9.6, 13.10-13.14 Duty to correctdlejective Work ..........................13.11 Duty to Report - Changes in the Work caused by Emergency... .... ................................... 6:23 Defecu. 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, Cast of the Work...............................:...........11.4.5.3 Fee --Cost Plus1-1-4.5.6. 11-5.1, 11.6 General Warranty and Guarantee ............ :.......... 6-30 Idazard Communication Programs ......................0.22 Indemnification.,,...__..............6.12, 6.16, 6.31-6.33 Inspection of the Work, .............................. 7.3, 13A Labor, Materials and Equipment ....................6.3-6.5 Laws and Regulations Compliance by,.,,,,.__,,, 6.14.1 Liability Insurance..............................................:5.4 Notice of Intent to Appeal;........................9.10. 10.4 obligation to perform and complete the Work ................ .............................. ......6.30 Patent Fees and Royalties, paid for by ................ 6.12 Performance and OtherBonds 5.1 Permits, obtained and paid for by,,,,,,,,,,,,,, 0,13 Progress Schedule. ....... .................. 2. 6. 2.8. 2.9. 6.6, ........................................6.29, 10.4, 15.11 Request for formal decisionon disputes,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work...................................10.1 Concerning Subcontractors, Suppliers and Others.......................................6.8-6.11 Continuing the Work ..........................6.29, 10.4 CONTRACTOR's expense...........................6.7.1 CONTRACTOR's General Warranty and Guarantee 6.30 CONfR.4CTOR's review prior to Shop Drawing or Sample submittal,,,,,,,,;,,,,,,, 6:25 Coordination of Work., .............................. 6.9;2 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, 7.2, 7:31 8.9 I[azardous Communication Programs ..... ...... 6.22 Indemnification ................................. ..6.31-6.33 Nl E1CDC GENERAL CONDITIONS 1910.8 (1990 EDITION). wJ CITY OF FORT COLLINS MODIFICATIONS 1RFV 9J991 Labor,:Matcrials and Equipment .............. 6.3-6.5 Laws and Regulations,_.._:...................:.......6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Num ber Notice of variation from Contract Documents ................. .......... ................ 6.27 Patent Pees and Royalties ......... ....... .............. 6,12 Permits ............ ............................................ 6.13 Progress Schedule.._... ....... ......................._., 6,6 Record Documents . 6.19 related Work performed prior to ENGINEER'sapproval of required submittals ............................................. 6.28 safe structural loading.................................6.18 Safety and Protection ...............-....6.20. 7.2, 13.2 Safety Representative.,__..- ............,.-.____...6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples 6.24 Shop Drawings and Samples Review by ENGINEER......................................6. 26 Site Cleanliness ......... :................................ . 6.17 Submittal ProceduresI.....,,,,,,, 6.25 Substitute Construction Methods and Procedures 6.7:2 Substitutes and "Or -Equal" Items... ....... 6. 7. 1 Superintendence .... I ........ ...: ..11......................6.2 Supervision... ............. ...... ................. .........6. I Survival of Obligations................................6.34 Taxes..,, . ............ ........ ­** ........................... 15. 15 : Tests and Inspections,..__............................13 5 To Rcport ........ -':5 Use of Premises ......... ..........6.16-6.18. 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal...................................I....6.25 Right to adjustment for changes in the Work ..... 10:2 right to claim_,._,,.,___ 4, 71, 9.4, 9.5, 9.1 I, 10.2,11.2, 1,,,1,,,1,11.9, 12.1, 13.9, 14.8; 15.1. 15.5, 17.3 Safety and Protection, ................... 6.20-6.22, 7.2, 13.2 Safety Representative........................................6.21 Shop Drawings and Samples Submittals,._,.6:24-6.28 Special Consultants, ..... I .................. .... ­­­ 11.4.4 Substitute Construction Methods and Procedures„ 617 Substitutes and "Or -Equal" Items; Expense...........................................6.7.1, 6.7.2 Subcontractors, Suppliers and Others.,,,,,.,,, 6.8-6.11 Supervision and Superintendence ......... 6,1; 6:2, 6.21 Taxes, Payment by... ..................... ...... 15 Use of Premises 6.16-6.18 'Warranties and guarantees ................... 6.5, 6.30 Warranty oft'itle ............................ ....... .. 14.3 Written Notice Required— CONTRACTOR stop Work or terminate ........ 15.5 Reports of Differing Subsurface and Physical Conditions ...................... a.2.3 Substantial Completion_. ...................... ......14.8 viii CONT PACTORS--other....................... _.................... - 7 Contractual Liability Insurance 5.4.10 Contractual Time Article or Paragraph Number Coordination— CONPRACTOR's,responsibility..... .............. ...¢.9:2 Copies of Documents ................................................ 2 Correction Period13.12 Correction, Removal or Acceptance . of Defective Work-- in general ............................... _.,10.4.1, 13.10-13.14 Acceptance ofDefective Work... ................ ....... 13.13 Correction or Removal of Defective Work,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,b:30, 13.11 Correction Period.._ ..... .. .13.12 OWNE R May Correct Defective Work ..... _- ,. _ , 13.14 OWNER May Stop Work ....... ,,,..„.. ,,, 13.10 Cast -- of Tests and Inspections ....... ........................ I., ... 13.4 Records11.7 Cost of the Work -- Bonds and insurance, additional ............... _ j 1.4.59 Cash Discounts,,,,,,,,,,,, .11.4.2 CONCRACTOR's Fee ............................... 11.6 Employee Expenses„_,.,,,,,,,,„.......................1 L4.5.1 Exclusions to :....:...............:..:.....................:......11.5 G eneral 11.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment_.___. ....... _---------------- 11.4.2 Minor expenses ............................................ 11.4.5.8 Payroll costs on changes.................................1 1.4.1 performed by Subcontractors ........................ ..L 1.4.3 Records11.7 Rentals of construction equipment and machinery.......................................11 A.5.3 Royalty payments, permits and license fees.., .................................. Site oil -ice and temporary facilities................11.4.5.2 Special Consultants, CONTRACTOR's.......... _.11.4.4 Supplemental ............................. Taxes related to the Work 11.4.5.4 Tests and Inspection .......................... I ....... ......... 13.4 Trade Discounts ....... ............. ............:............1 L4.2 Utilities, fuel and sanitary facilities .......... _ j 1.4.5.7 Work after regular hours.................................11.4.1 Covering Work .............. ............. ..................... .13.6-13.7 Cumulative Remedies 17.4-17.5 Cutting, fitting and patching....................................7.2 Data, to be furnished by OWNER ............................. 8.3 Day --definition of .................. ....... .......... ............. 17.2.2 Decisions on Disputes,,,,,,,,,,,,,,, *....,............,.9.11, 9.12 defective--definitionof ...................... ....... _..J.14 defective Work -- Acceptance of... .................................... 10. 4. 1 . 13.13 EJCDC GENERAL CONDITIONS 1910-3 (1990 ED1110N1 w/ UTY OF FORT.COLLINS i tODIFICAT 0NS (RFV 9/K.) Correction or Removal of.. ...................10A.1, 13,11 Correction Period ............... _:,_„.13.12 in general.........................................13. 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER .................. :............ : 92 OWNER N y'StopWork. 13.10 Prompt Notice or Detects,._,,,,,, I.........................13.1 Rejecting...........................................................9.6 Uncovering the Work.......................................13.8 Definitions..... ....................... .................................... I Delays......................................4.1, 6,29. 12.3-12.4 Delivery of Bonds... _ ................................................ 2.1 Delivery of ceni6cates•of insurance .........................2.7 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions -- Noticeof ................................ .....................4.2.3 ENGINEER's Review......................................4,').4 Possible Contract Documents Change .............. 4.2.5 Possible Price and Times Adjustments. ............. Discrepancies -Reporting and Resolving................................2.5, 3.3.2. 6.14.2 Dispute Resolution-- Agreement................................................16.1-16.6 Arbitration ................................................1 & l -16.5 gencra116 \Mediation .............. :........................... ....:.......... 16.6 Dispute Resolution Agreement .......... :............ 16.1-16.6 Disputes, Decisions by ENGINEER,,,,,,,,,,,,,,,,,, ................... Documents -- Copiesof ........................... Record 6.19 Reuseof. ....................... .................................... 3.7 Drawings --definition of...........................................1.15 Easements............................................................. 4.l Effective date of Agreement -- definition Qf ............. j.16 Emergencies ........._......................................... ENGINEER-- , as initial interpreter on disputes... ............. 9.11-9.12 definition of ................ ........... .......................... 1-17 Limitations on authority and responsibilitie5...... 9.13 Replacementof, ........................... ......... ........... 8.2 Resident Project Representative ..... ............... ... ._.9.3 ENGINEER's Consultant -- definition of..................1.18 ENGINEER's-- authority and responsibility, limitations on,,.,,,-,9.13 Authorized Variations in the Work,,,,,,,,,,,,,,,,,,,,, 9.5 Change Orders, responsibility for- ...... 19.7, 10, 11, 12 Clarifications and Interpretations. . ............. 3.6.3,9.4 Decisions on Disputes .............................. 9.1 I-9.12 defective Work, notice of13.1 Evaluation of Substitute 6.7.3 Liability .................................................. 6.32, 9.12 Notice Work is Acceptable..............................14.13 Observations...........................................6.30.2, 9.2 OWNER's Representative ....... ...9.1 Pavments to the CONTRACTOR, Responsibility for.. .......................... 9.9. 14 Recommendation of Payment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations ,on ................ 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions.............................4.2.4 Shop Drawings and Samples, review responsibility............................. ........ ....... .... 626 Status During Construction-- authorized variations in the Work ................... 9'5 Clarifications and Interpretations ..................9.4 Decisions on Disputes ......*..... *...... , ... 9.I1-9.12 Determinations on Unit Price .......................9.10 ENGINEER as Initial Interpreter ...... _._.9.11-9.12 ENI GTNEER's Responsibilities ................9.1-9.12 Limitations on ENGINEPMs Authority and Responsibilities :.............................. 9.13 OWNER's Representative .............................. 9.1 Project Representative...................................9.3 Rejecting Defective Work..............................9.6 Shop Drawings, Change Orders and Payments, .......... ......................... 9.7-9.9 Visits to Site ............................. ..................... 9.2 Unit Price determinations ............................ .... 9.10 Visitsto Site.......................................................9.2 Written consent required ............................. 7.2, 9.1 Equipment, Labor, Materials.and ................... ..... 6.3-6.5 Equipment rental, Cast of the.Work...__._11.4.5.3 Equivalent Materials and Equipment .......................: 6.7 error or om issians..................................................0.33 Evidence of Financial Arrangements .............. .......,8.1 l Explorations of physical conditions,,,,,,,,,,,,,,,,,,,,,,, 4.2.1 Fee, CONTRACTOR's--Costs Plus ...........................11.6 Field Order -- definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1. 9.5 Final Application for Payment...............................14.12 FinalInspection............................................ :...... 14.11 Final Payment - and Acceptance... .........:.........................14.13-14.14 Prior to, for casallovances...............................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 GivingNoticc........................................................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 .............................. 8.10 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITIONI w/ CITY OF FORT COLLM MODIFICATIONIS (REV 91991) Indemnification .................... .......... .12, 6.16, 6.31-6,33 Initially Acceptable Schedules_.,,.I........ I ................. ,2.9 Inspection— Certificates of..............................9.13.4, 13.5, 14.12 Final ......................................... .........14.11 Article or Paragraph Num ber Special, required byfiNGTNI EER......................... 9.6 Tests and Approval ............................ 8.7, 13.3-13.4 Insurance -- Acceptance of, by"OWNER. ,,,,,,,,,,,,,,,,,,, .......... .5.14 . Additional, required by changes in the Work ..... .......................................11.4.5;9 Before starting the Work ................... ..:............... 2.7 Bonds and --in general..........................................5 Cancellation Provisions .... .............. ........ ...... .... 5.8 Certificates of ...... .............2 7, 5, 5:3, 5.4.11, 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 CONTRaCTOR's objection to coverage...,., ....... 5.14 Contractual Liability,.-, ....... I ............. ........... . deductible amounts, CONTRAUCIR's responsibility ....................... .......... 5.9 Final Application for Payment .. .......................... 14.12 Licensed Insurers_.,._.,., ................................ 5.3 Notice requirements, material change45.8. 10.5 Option to Replace ............................................. :5. 14 other special insurances...................................5.10 OWNER as fiduciary for insureds,,,,,,,,,,,,,, 5.12-5.13 OWNER's Liability_ .........._.............................5.5 O`WN`ER's Responsibility....................................8.5 Partial Utaization, Property Insurance.,,,,,,,,,,,,„5.15 Property..................................... .............16-5.10 Receipt and Application of insurance Proceeds.............................................5.12-5.13 Special Insurance.. ......................... .... ­­ .......... 5.10 Waiver of Rights .............................................. 5.11 Intent of Contract Documents ........................ I ...... 3.1-3.4 Interpretations and Clarifications.. I..................3.6 3, 9.4 Investigations of physical conditions ......... ................. .2 Labor, Materials and Equipment._,_,,,.......... .....3-G5 Lands -- and Easements...................................................8.4 Availability of.............................................A.1, 8.4 Reports and Tests...............................................8.4 Laws and Regulations --Laws or Regulations-- Bonds ................................. .................... .5:1-5.2 ... Changes in the Work........................................10.4 Contract Documents..........................................3.1 CONTRACTOR's Responsibilities .....................6.14 Correction Period, defective Work....................13.12 Cost of the Work, taxes......................I........11.4.5.4 definition of ..... :...... :......... ......_.......,_.-......__.j,24 gencral6.14 Indemnification .................__,,...,,.,.,.,,...,., 6.31-6,33 Insurance .........5.3 1'rcccdcncc .3.1, 3.3.3 Reference to 3.3.1 Safely and Protection .............. ...... :..........6.20, 13.2 Subcontractors, Suppliers and Others,,....... _6.8=6.11 Article or Paragraph Num ber Tests and Inspections,,,,,,,,,,_ 13.5 Use of Premises ................................................ 6.16 Visits to Site... ....................P.2. ................................ Liability Insurance-- CONT RACTOR's............................................... 5.4 OWNER'S ...................... ..............:................... 5.5 Licensed Sureties and Insurers..................................ij Liens -- Application for Progress Payment,... _.................14._2 CONTRAC'I'OR's Warranty of'fitic....................14.3 Final Application for Payment ..........................14.12 definition of 123 Waiver of Claims .. ............ .......... 14.15 Limitations on ENGINEER's authority and responsibilities .......... ...................... .................. 9.13_ Limited Reliance by CONTRACTOR Authorized....... ............ .......... ....................... .. ..2. , Maintenance and Operating lvlanuals-- Final Application for Payment .........................14.12 Manuals (of others) -- Precedence.. ................................................. .3.3.3.1 Reference to* in Contract Documents ..................J.3.1 Nlatcrials:and equipment -- furnished by CONTRACTOR... ........... ..._.._ not. incorporated in Work .......... ............. I ....... I ... 14.2 Materials or equipment --equivalent ..........................6.7 ivlediation (Optional)..................:........................16.7 Milestones --definition or ........................................1.24 Miscellaneous -- Computation ofTim es. .......................................17.2 Cumulative Remedies ................. .................... 17.4 Giving Notice ......................... :.......................... I T I Notice of Claim. I. ......... I ................................. ­ 17.3. Professional Fees and Court Costs Included.....,..,17.5 Multi -prime contracts ............. .................................... 7 Not Shown or Indicated..,,-. ...... I ...... .......... 4.3.2 Notice of -- Acceptability of Project,,,,,,,,,,,,,,,................. ....14.13 Award, definition o f_„.............................:........1.25 Claim.................... ............1.7.3 ............................ Defects,13.1 Differing Subsurface or Physical Conditions.,.,_. Giving ........................ 17.1 Tests and Inspections... ...... ........................ I ...... 13.3 Variation, Shop Drawing and SampIq................6.27 Notice to: Proceed— definition of .......................................... ....... ..... t 26 givingof .............. ............................................ .2.3. EICDC GENERAL CONDITIONS 1910-8 (1990 LIX110N) w/ CITY OF FORT COI.LINS hIODIFICATIONS (REV 9/99) SECTION 00100 INSTRUCTIONS TO BIDDERS Notification to Surety ............................ ........ .........I0.5 Observations, by ENGINEER...........................6.30, 9.2 Occupancy of the Work ................... 5.15. 6.30.2.4, 14,10 Omissions or acts by CONTRACTOR .............. 6.9. 9.13 Open Peril policy form, Insurance......... I ................ 5.6,2 Option to Replace ............. ............................. ....:..... .14 Article or Paragraph Num ber "Or l3qual" items......................................................6.7 Other work 7 Overtime Work --prohibition of ................. ........ 6.3 OWNER -- Acceptance of defective Work .......................... 13.13 appoint an ENGINEER......................................8.2 as fiduciary ....................... ..5.12-5.13 ...................... Availability of Lands, responsibility ....................4.1 definition of 1.27 data, furnish... ............. .............8.3 ........................ ilvfayCorrect Defectfve Work............................13.14 May refuse to make payment.............................14.7 May Stop the Work..............:......:...........:.......13.10 -May Suspend Work, Terminate. ...........................$.8, 13.10, 15.1-15.4 Payment, make prompt. ........... ........ i3, 14.4, 14.13 performance: of other work .................................. Zl permits and licenses, requirements....._...,,...,,,. 6.13 purchased insurance requirements ...............5.6-5.10 OWNER'S -- Acceptance of the Work ...................... _.......6.30.2.5 Change Orders, obligation to execute ........... 8.6, 10.4 Communications_ ............... ............................. 8.1 Coordination of the Work 7.4 Disputes, request for decision ............................9.1 t Inspections, tests and approval;..................8.7, 13.4 Liability Insurance..:...................:....I..................5.5 Notice of DefeeL............................. 1.................13.1 Representative --During Construction, ENGINEER's Status......................................9-1 Responsibilities -- Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Material................8.10 Change Orders..............................................8.6 Changes in the Work ....................... ............ 10.1 communications............................................S.1 CONTRACTOR'S responsibilities_ ............... 8.9 evidence of Financial arrangements..............8.11 inspections, tests and approvals .....................8-7 insurance...................................................... 3.5 lands and easements-, .... ­ ..............................8.4 prompt payment by.......... .....8.3 .................. ....... replacement of ENGINEER„ ..... .................8.2 reports and tests............................................8.4 stop or suspend Work................„B.S, 13.10, 15.1 terminate CON PACTORs services ... .............. ..._........... ........ 15.2 separate representative at site ............................. 9.3 testing, independent ....... ...._............................ 13.4 use or occupancy of the .Work .........................5.15. 6.36.2.4. 14.10 written consent or approval required ............ .................. ,.......... 9-1, 63, 11.4 Xi EJCDC GL•:NERAL CONDITIONS 1910-3 (1990 EDITION) w! CITY OF FORT COLL[NS MODIFICATIONS (REV 91991 Article or Paragraph Num bcr written notice required .......................... 7.1, 9.4, 9.1.1, ......................1.1.2, 11.9. 14.7, 15.4 PCBs -- definition of __1,29 'general .............................................................. 4.5 OWNER's responsibility for . .............................. Mo Partial Utilization— defirtition of 1.28 genera 16.30.2.4, 14.10 Property Insurance ............................................ . 5.15 Patent Fees and Royalties ........................................6.12 Payment Bonds:..........._ .............. ...................... 5:1-5.2 Payments, Recommendation of 14.4-14.7, 14.13 Payments to CONTRACTOR.and Completion -- Application for ProgressPayments ............. ......... 14,2 CONTRAcrOR's Warranty ofl'itic,,,, .... _1 43 Final Application for Payment .........................14.12 Final Inspection...............................................14.11 Final Payment and Acceptance ................ 14.13-14. 14 general........................................................8.3, 14 Partial Utilization ................... ..... 14,10 Retainage.......................................................... 14,2 Review of Applications for Progress Paym en is ............................... 14.4-14.7 prompt payment ..................................................8.3 Schedule'of Values: ............ .......... ­­­­ .... 14.1 Substantial Conipletiork,... ...................... ... 14.8-14.9 Waiver of Claims 14.15 when payments due ................................ 14A, 14.13 withholding payment ..... ....... I ........... ....... 14.7 Performance Bonds ......................... .................. 5. 1 -5.2 Permits....................................... ..................... 6.13 Petroleum -- definition of ................... I ................ I ............ I .... 1.30 general........... ................................ ................. 4.5 OWNER's responsibility for ................................8.10 Physical Conditions— Drawings -of, in or relating to,,,,,,,,,,,,,,,_....... a.2.1.2 ENIGINEER's review ........ 4.2.4 existing structures ............. .......4.2.2 general4.2.1.2..... ---- I—— .......... ......... .................. - Notice of Differing Subsurface or ....... .............. 4.2.3 Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments.,., ...... 4.2.6 Reports and Drawings......................................4.2.1 Subsurfaceand,....._ .................... __ .... ....... ....... 4.2 Subsurface Conditions ... ..... I .... I ................... A2. 1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ......... ... 4.2- 21 Underground Facilities— general......................................................... 43 Not Shown or Indicaed A -3.2 Protection of.. ... I ......... ............. ....... 4.3, G.20 Xii Article or Paragraph Number Shown or Indicated ....... 4.3.1 Technical Data ............................................... :4.2.2 Preconstruction Conference ............. ........................ ..2.8 Preliminary Matters ............................................. ...... 2 Preliminary Schedules ..............................................2.6 Premises, Use of .......... ...... ....... 6. W-6. 18 Price, Change of Contract ' ­­* ...­­ ... ...... * .... * .... * I I Price, Contract --definition of,,,,,,._., ................. I ...... 1.11 Progress Payment, Applications for ................. ....... j4.2 Progress Payment--retainagq ............... ............... _., 14.2 Progress schedule, CONTRACTOR's., ........... 2.6,,18, 19, ........ .... 11 ........... ­ ­ - 6.6. 6.29. 10A, 15.2.1 Project --definition of ......................................I........1.31 Project Representative-- ENGINEERs Status During Construction ' .... 9.3 Project Representative, kcsiderit--definition of ......... 1.33 prompt payment by OWNER ..................................... 8:3 Property Insurance -- Additional ............. ; ............. ........ ........... 5.7 ggeneraI5.675. 10 Partial Utilization .... ....................... 5.15; 14. 1 O. 2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and .............. ............... 6.20-6.21, 13.2 Punch list Radioactive il�t*e­r'ia I defintion of .............. ............ 1.32 genera14.5 OWNER's responsibility for............ I .................8.10 Recommendation of Paymenk ................. 14.4, 14.5, 14.13 Record Documents ........... ....... ................. ... 6,19, 14.12 Records, procedures for maintaining„ ... .................. _2.8 Reference Points,,,,,,,,,,,,,,,,, ..... * .............. 4:4 Reference to Standards and Specifications ..... of Technical Societies ­ ........ ­**­ ...... 3.3 Regulations, Laws and (or) ..................................... 6 ,14 Rejecting Defective Work .................I........................9.6 Related Work-- at Site- ... ...... ................... .............. ........... 7.1-7.3 Performed prior to Shop Drawings and Samples submittal ' s review..,,,.„,„.......„ �6.28 Remedies. cumulative .................. __ ............... 17.4. 17.5 Removal or Correction ofDefective Work.. ....... .... _ 13A 1 rental agreements. OWNER approval required ' ... 11.4.5.3 replacement of ENGINEER by OWNER,,,,,,,,,,,,,,,,,,,, �.2 Reporting and Resolving Discrepancicq .................... ........... 22.5, 3.3.2, 6.14.2 Reports -- and Drawings ................. ................................2.1 and Tests, OWNER's responsibility.. ................... 8A Resident and Project.Representative-- definition 0......................................................1.33 provision for ..... .................... ....... .............. 9-3 EJCDC. GENLRAL CONDHIONS 1910.8 (1990 a)JJJON) WIMY OF FORT COLLINS MODIFICATIONS (RFV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTORs,............... 6.2 Responsibilities -- CONTRACTOR s-in general........ I ......................... 6 ENGLNEER's-in general........................................9 Limitations on............................................:9.13 OWNEfes-in general..............................................8 Retainage....................................... .......... I ...... ,... 1.4.2 Reuse of Documents ................................................. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................6.25 Review of Applications for Progress Payments ...... .................... 1......... ..14.4-14.7 Right to an adjustment...........................................10.2 Rights of Way...- ............ 4.1 Royalties, Patent Fees and ....................................... G.12 Safe Structural Loading ............................... _.......... 6.18 Safety -- and Protection.. ............. ................ 4.3.2, 6.16, 6,18, ....... .............. ...... ........... 6.20-6.21, 7.2, 13.2 general.....................................................6. N-6.23 Representative, CONTRACTOR's......................6.21 Samples -- definition of......................................................1.34 general ....................................... _........... 6.24-6.28 Review by CONTRACTOR ......... ..... .... ......._.....625 Review by ENGINEER..............................6:26, 6.27 related Work.....................................................0.23 submittal of.................................:.................6:21.2 submittal procedures.........................................6.2S Schedule of progress ........... .............•...2.6, 2.8-2.9, 6.6. .......................................:.6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals...............................2,6, 2.8-2.9, 6.24-6.28 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to .......... :....................................... 15.2.1 Adjusting...........................................................6.6 Change of Contract Times... .............................. 10.4 Initially Acceptable......................................2.8, 2.9 Preliminary........................................................2.6 Scope of Changes.......................................10.3-10.4 Subsurface Conditions ........................................ 4.2.1.1 Shop. Drawings -- and Samples, general.................................6.24-6.28 Change Orders 8: Applications for Payments, and ..... ..... ................. .--------- *... 9.7-9.9 definition of.....................................................1.35 ENGINEER's approval of•...,,,• ..........................3.6.2 ENGINEER's responsibility for review. .................................... 9.7, 6.24-6;28 related Work ................... ............_.................--6.28 review procedures................................2.8, 6.24-6.28 Article or Paragraph Number submittal required ................ ............................. ..6.21.1 Submittal Procedures.........................................6.25 use to approve substitutions _ _... _ _ _I-- ..... ..... ...... 6.7.3 Shown or Indicated ............................................... 4.3.1 Site Access ....................................................... 7.2. 13.2 Site Cleanliness.....................................................0.17 Site, Visits to -- by ENGINEER., ....................... ................. 9.2, 13:2 by others......................................................... 13.2 "special causes of loss' policy form, insurance.....................................;.....,.............6.2 definition of, .............................................. ..... J1.36 Specifications— defination of....................................................1.36 of Technical Societies, reference to .... ._,..••..._.... 3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies.,,,•••„ ............................... 3.3 Startine Construction, IIeCorr_••,,,,,,,,,,,,,,,,,,,,,,,,,,,2.5-? 8 Starting the Work.....................................................2.4 Stop or Suspend Work -- by CONTRACTOR.....................................I.....15.5 by OWNER .................................... 8A 13.10, 15.1 Storage of materials and equipment ...................... 4.1, 7.2 Structural Loading, Safety ............. .....•....:............ ;.... 6.18 Subcontractor -- Concerning ............................. ................... 6.8-6.11 definition of. .................................................... J1.37 delays... ............... ....... ................................... 12.3 waiver of rights................................................6. I I Subcontractors --in general ................................. 6.8-6.11 Subcontracts --required provisions .......... 5.11, 6.11, 11.4.3 Subm ittals— Applications for Payment................................14.2 Nlaintenance and Operation Manuals.„_,•,•._._._..14.12 Procedures...................................................... 0,25 Progress Schedules .... ....... ... .......... I ........... ,.2.6, 2.9 Samples., ........................................... ... 1.6.24-6- 28 Schedule of Values, ....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions......................................2.6, 2.8-2.9 Shop Drawings ................................... I....6.24-6.28 Substantial Completion— certification of............................ 6.30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedure* ........ 6.7.2 Substitutes and "Or Equal' Items ... I...........................6.7 CONTRACTOR's Expense,. ........................6.7.1.3 ENGINEER'S Evaluation „•, ............................. 6.7.3 "Or -Equal" .................................................... Substitute Construction Methods xiii E1CDC. GENERAL CONDITIONS 1910-3 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number or Procedures. . ................. : ...................... I ... 6.7,2 Substitute Items 6..1.2 Subsurface and Physical Conditions -- Drawings of. in or relatitg to .....:.................. 4.2.1.2 ENGINELR's Review .................................... ...4.2:4 general................................................... :....... ... 4.2 Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... Physical Conditions.......................................4.2.1.2 Possible Contract Documents Change,,,,,,,,,,,,,,, 4.2.5 Possible Price andTimes Adjustments...............4.2.6 Reports and Drawings......................................4.2.1 Subsurface and. ....................................................... 4:2 Subsurface Conditions at the Site,,,,,,,,,,,,,,,,,„.2:1.1 Technical Data ........................... ..................... 4.2-2 Supervision— CONTRACTOR's responsibility ... -.............. ..... ,-6:1 OWNER shall not supervise,:.................I............8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2; 9.13.22 Superintendence., ..................... I.............:................ 6- 2 Superintendent, CONTRACTOR's resident ...............6.2 Supplemental costs ..::..............:...........:........:. ...... 11.4.5 Supplementary Conditions-- - definitionof......................................................1.39 principal references to.................1.10, 1,18, 2.2, 2.7, ..................... 4.3, 5.1, 5.3, 5.4, 5.6-5.9, .... I .... I ... ,,,S.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents .........................3.6 Supplier -- definition of......................................................1.40 principal references to ........... 3.7; 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights .............................. . ............. ....6.11 Surety — consent to final payment .......................14.12, 14.14 ENGINEER has no duty to ................................9.13 Notification of.................._....-_....._...10.1, 10.5, 15.2 qualification of...._...............:........................1-5.3 Survival of Obligations ........................................... 6.34 Suspend Work OWNER May .......................13.10, 15.1 Suspension of Work and Termination-, .......... .......... 15 CONTRACTOR May Stop Work or Terminate .......... ............. 15.5 OWNER May Suspend Work ..............................i 5' 1 OWNERIvfay Terminate.. ........................... 15.2 - I S. 4 Taxes --Payment by CONTRACTOR......... I .............. 6.15 Technical Data -- Limited Reliance by CONTRACTOR .................9,2.2 Possible Price and Times Adjustments...............4.2.6 Reports of Differing Subsurface and Physical Conditions....................................4 2.-1 xiv Temporary construction facilities ........ ..___................. 4A Article or Paragraph Number Term iitation-- by CONTRACTOR ...... ....... .............. ............ ...15 5 by OWNER........................................K.S, 15.1-BA of ENGINEER'S employment ......... ...................... $.2 Suspension of Work-in general .............................15 Terms and Adjectives,,,,,,,,,,,,,,,,,;, .....3.4 Tests and Inspections -- Access to the Work, by others ...........................13.2 CON'rRACTOR's reslmnsibifitics .......................13.5 cost of 13.4 covering Work prior to ......................... .... 13.6-13.7 Laws and Regulations(or)................................13.5 Notice of Defects.. , . I .... I ....... I ...................... .... ­13.1 OWNER May Stop Work-,...." .................. ......„13,10 OWNER's independent testing ..........................13.4 special, required by ENGINEER ..........................9.6 timely notice required ....................................... 13.4 Uncovering the Work, at ENCINEER's request.. _ ................... .......................13.8-13.9 Times -- Adjusting... ............................ 6.6 Change of Contract.............................................12 Computation of................................................17.2 Contract Times --definition of„........................1.12 day........ .................. ...._......................... 17.2.2 Milestones..........................................................12 Requirements -- appeals ........................... 9.10, 16 clarifications, claims and disputes..................9.11, 11.2. 12 Commencement of Contract Times,,,,,,,,,,,,,,,, 2.3 Preconstruction Conference ...........................2.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work :... .... .................. I...............2.4 Title, Warranty of. .... I ........................ ......:........... „ 14.3 . Uncovering Work ......................... I....., ............. 13.8-13.9 Underground Facilities, Physical Conditions -- definition of ..................... ........... .................... 1.41 Not Shown cr Indicated ................................... 4.3.2 protection of ............. ............. ....:........ ........ ,3, 6.20 . Shown or Indicated.........:......................„_-„.,,,4.3.1 Unit Price 'Work — claims.........................................................1.1.9.3 definition of ..................................... ............... 1.42 generall l.9, 14.1. 14.5 Unit Prices -- general l 1.3.1 Determination for.-, ... 111.­ ...................... 10 Use of Premises,,,,,,,,,,,,,,,,,,,,,,,, 6.16, 6.18, 6.30.2.4 Utility owners ............................ 6:13, 6.20, 7.1-7.3, 13.2 Utilization, Partial...................1.28, 5,15, 6.30.2.4, 14.10 Value of the Workk.............:..................................... 11.3 Values, Schedule of,,,,,,,,,,,,,,"".....,,_,-,2.6; 2:8-2.9, 14.1 EX13C GENERAL CONDCRONS 1910-s (1990 rDrnON) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work-40inor Authorized......................:....._._.._....6:25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER .................................... 9.2 Waiver of Claims --on Final Payment., ...... ,............. 14.15 Waiver of Rights by insured particF..................5.l I, 6.11 Warranty and Guarantee, General --by CONTRACTOR ................................................ 0.30 Warranty of Title, CONTRACTORs......................_14.3 Work — Accessto .......................................................13.2 thers.......................................... by others,, ........ ...... .......................... 7 Changes in the...,. .......................................10 Continuing the, .... ....... ................................... 6,29 CONTRACTOR May Stop Work or Terminate ...........:.............................:...... 15.5. Coordination of 7.4 Cost ofthe.................................................11 A-11.5 definition of ........................................................ 1.43 neglected by CONTRACTOR.,,;........................13.14 otherWork............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 13.1 Related, Work at Site ..................................... 7.1-7.3 ........................................................�-4 Startingthe ......................................................... Stopping by CONTRACTOR.............................1,55 Stopping by OWNER ... :..:....... I ......... ......... 15.1-15.4 Variation and deviation authorized, minor ........... i.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of 1.44 principal references to,_,,,... ............. 3.5.3, 10.I-10.^_ Written Amendment -- definition of .........:.............................................. 1.45 principal references tq..............1.10, 3.5, 5.10,15.12. .........................¢.6.2, 6. S.2, 6.19, 10.1, 10.4. 11.2, 12.1, 13.12.2, 14.7. 2 Written Clarifications and Interpretations . .............. ....................3.6.3; 9.4. 9.11 Written Notice Required -- by CONTRACTOR ............................ 7.1, 9.10-9.11, 10.4. 11.2. 12.1 by OWNER ........... ....... ..9.10-9,11, 10.4, 11.2, 13.14 xv UJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) wt CITY OF FORT COLLINS MODIFICATIONS (REV 9t99) (This page left blank intentionally) xvi 6jct)& GENHRAL CONDrrIONS 1910.3 (1990 EDITION) w1 C1TY OF FORT COLI.INS TIODIFICATIONS (REV 9797) GENERAL CONDITIONS ARTICLE 1--DEFMI TIONS Wherever used in these General Conditions or in the other 'Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof. Ll. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract hetwcen OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting "documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one Ix:rcentasbestos 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 other or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Docronenls—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 13ids). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders• and the Bid form. 1.8. Bonds -Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONt'RAC'TOR'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 EICDC GEt4ERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV d2000) same are more sPecifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENG rNEER's written interpretations and clarifications issued pursuant to pcaragraphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.L and 4.2.2 are not Contract Documents. 1.11. Contract Price -The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGRMI-.Ws written recommendation of final payment in accordance with paragraph 14.13. I.13. CONTRACTOR --The person, Finn or corporation with whom OWNER has entered into the AgrcL-ment 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 14.10), LIS. Draiings--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. L16. 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. ENGIrt'L•E•R—The person, firm or corporation named as such in the Agreement. 1.18. &VGINEER's Coneuttant--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 mirror changes in the Work in accordance.with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1 20. General Requirements —Sections of Division t of the Specifications. 1 -21. Hazardorts Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal tact (42 USC Section 6903) as amended from time.lo time. 132.a. Laws and Regulations; Lauy or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes 'and orders of any and all governmental bodies_ agencies, authorities and courts having jurisdiction 1.22.b. Lezal I•Iolidays--shall be those holidays observed by the City of Fort Collins. 1.23. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25, Notice of.,lwani A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Dcxmiiients. 127, 0MVER—The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work, for the purpose for which 'it. is intended (or a related purpose) prior to Substantial Completion ofall the Work 1?9. PCBs -Polychlorinated biphenyls. 1.30. Petrolarun--Petroleum, including crude oil' or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum; fuel oil, oil sludge,, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents, 1.32:a. Radioactive zllaterial—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC 0ENhRAL Comm oNs 1910-8 (1990 Edition) w/ CM OF FORT COLLI NS MODtrICATIONS (REV 4t2000) 1954 (42USC Section 2011 et.seq.) as amended from time to time. 132.b. Reeular fl'orkinz Hours-Renular working, hours are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 1.33: Resident Project Representative —The authorized representative of ENGMEER who may be assigned to the site or any part thereof. 1.34. Samples -Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drau*igs--All drawings; diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Sj. fications—'rhose portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, Firm or corporation having a direct contract with. CONTRACTOR or with any other Subcontractor for the pertgnnance of a part of the Work at the site. 138. Substantial Completion --The Work ((r a specified port thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by E•NGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by FNGINF,ER'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 Work refer to Substantial Completion thereof. 1.39. Supplementan> Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier; distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by'CONTR.ACTOR or any Subcontractor. 1.41. Undergrutmd Facilities —All pipelines, conduits, ducts. cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encascments containing such facilities which have been installed underground to famish 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. Work --The entire completed construction or the various separately identifiable pans thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents; all as required by the Contract Document-%. 1.44, Work Change Directive -A written directive to CONTRACTOR. issued on or after. the Effective Date of the Agreement and signed by OWNER and recommended, by ENGNEER ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragmph 6.23. A Work Change Directive will not change the Contract Price or the Contract 'I'imc.%, but is evidence that the panics expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract -limes as provided in paragraph 10.2. 1.45. lYrllten. Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on .or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PTLELLMINARY MATTERS Delirery cif Bonds: 2.1. When CONTRACTOR delivers the executed :agreements to OWNER_ CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance.with paragraph 5.1. Copies of Doeuments.- 22 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice toProceert- 2.3. The Contract Times will commence. to run on the thirtieth day after the Effective Date of the Agreement, or, EXDC GENERAL CotJDITIONS 1910-5 (1990 E(ition) w1CITY OF FORT COLLINS NIOD1FICA'riONS (REV 412000) 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 after the Effective Date of the Agreement In no event Will t1`10 C,8fltFH6E TiF1106 c-etntne o&-Bid-opening-or--the-thirtieth-day-after- h-Eff&tive-hate of the-Agrerntettt; whiehever•date-ts•etsrlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the.date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Con.stnretion: 2.5. Before undertaking each Ran of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify peninc-rit figures shown thereon and all "applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with an)' Work affected thereby; however, CONTRACTOR. shall not he liable to OlV'NER or ENGINEER for failure to report any conflict, error, ambiguity or, discrepancy in the Contract Document%, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the ,agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2:6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any vWestones:specified in the Contract Documents;. 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no ease will a schedule be acceptable which allows less than 21 calendar days for each review by Eneineer. 2.6.3. A preliminary. schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component pans insufficient detail to serve as the basis for progress payments during construdian. Such prices will include. an appropriate amount of overhead and profit. applicable to each item of Work. 2.7. Before any Work at the site is started. CONTRACTOR and aW#FR shall each deliver to time ethff OWNER with copies to p*ment ,7-�'anditions t NC,iNEF.R certificates, of insurance (and other evidence of insurance , ioho —oithe 4 them eF any additional ifniFed—may rrasereably--request requested by OWNER) which CONTRACTOR a is required to purchase and maintain in accordance with paragraphs 5A;4:6•and4-7. Freconstruction Conference: 2:8. Within twenty days alley the Contract Times start to ruri but before any Work at the site is started, a conference attended by CONTRACTOR: ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph'2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially; acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents App4isetien-layspey+nent before any work at the site begin, a oonfcrcncc attended by CONTRACTOR, ENGINEER and others as apprepriate designated by MN?NF,R will be held to review for acceptability to FNGINEBR as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - GenemI Requirements. CONTRACTOR shall have an additional ten days to make correction.- and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRAC'TOR's schedule of Shop Drawing and Sample submissionswill be accepaable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to LNG rNEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AINHANDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work: The Contract Documents are complementary-, what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of die Project. 3.2. It is the intent of the Contract Documents to EKDC GENERAL CONDITIONS 1910-8 (1990 Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4T1000) describe a functionally complete project (or,part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred Gom the Contract Documents or Gom prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical .Societies; Reporting and Resohing Mscrepancies: 33.1. Reference to standards, specifications, manuals or codes of any technicalsociety, organization or association, or to the Laws or Regulations of any governmental authority; whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulation- in effect at the time of openin& 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 discovers- any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR .shall report it to ENGINEER in writing at once, and, CONTRACTOR . shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENNGNEER 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 maybe' provided by amendment or supplement thereto issued by one of the methods indicated in. paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections . 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. Rev 10/20/07 Section 00100 Page 1 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, minual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of FNGINEER's Consultants, agents or employees any duty or authority to supmise or direct the furnishing or performance of die Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable". "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents. 3.5., The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4). FXDCOEN ULL COMMONS 1910-8 (1990 Edtitn) w! ciiY OF FORT COLLINS MODIFICATIONS (REV 4l1000) 3.5.3. a Work Change Directive (pursuant. to. paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER'S approval of a Shop Drawing or Sample (pursuant to'paragraphs 6.26 and 6.27). or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents. - 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organimdon performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGMEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any oilier project without written consent of OWNER and ENGMTEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LAt\'DS; SUBSURFACE AND PHYSICAL CONDITIONS; REFFRFNCE POINTS tvailabiliry 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 thereto, and such other lands which are designated for the use of CONTRACTOR Uporrreasonabta-written-request; GIAE?�o shall Qsh GG?4RAGTOR with a ee4eet statement -of -record -legal -title -and -legs I-description-othe lands -upon -which -the —Work :is-to-ba-performed-cmd OU(rNER's-interest-therein-as-necessary-Cur-givirtb rttatitx wish pplieeble Laws and Regulfitiom. odor-filii�-a-nteelnatnics-lien-against-such-lands-in OWNER shall identity any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes, in existing litcilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to atsee 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 easements. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. J.Z. Subsurface and Physical Conr&tious: 411. Reports and Draxings:. Reference is made to the Supplementary Conditions for identification of., 4.2.1.1. Subiurface "Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been, utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. P/nsical Conditions: Those drawings of physical conditions. in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONMC701? Authorized - Technical Data: CONTRACTOR may rely upon the general accuracy of the. %cchnical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data",'CONTRACTOR may not rely upon or male any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.12. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2 2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations opinions or information. 4.2.3. Notice of Differing Subsiirface or Physical Conditions: if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that. any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4:2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change'in the Contract Documents, or 4:2.33. differs materially from that shown or EJCDC OET'ERAL CONDITIONS 1910-8 (1990 Edition) cat CITY OF FORT COLLI NN MODIFICATIONS (REV •112000) indicated. in the Contract Docutents, or 4?: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, prompily= immediately_ after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except to an emergency as permitted by paragraph 6.23), notify OWNER. and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. Eh'GhVEER's Rcniew: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNERsobtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract DocranentL Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article.10 to reflect and document the consequences of such change. 4.2.6. Possible Price and 'Times Ai#ustnrents: An equitable adjustment in the Contract, price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance oC the Work; subject, however, to flu following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4,2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will he subject to the provisions of paragraphs 9.10 aril 119; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price of Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINF..ER's Consultants shall not be liable to CONTRACTOR for any claims, casts, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3-1. Shown orincficate& The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or conuguous to the site is based on information and data furnished to OWNER or ENGIN"F.'ER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGL TEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibitity for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or lnchcatecl.- If an Undemround Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall. promptly immediately aRer becoming aware thereofand before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EJCDC GENERAL CONDIT!ONS 1910-8 (1990 Edition) wl CITY OF FORT COLLINS MODIFICATIONS (REV 4l1000) give written notice to that owner and to OWNER and MJGTNEER: ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a grange in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as providedin Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the 'safety and protection of such Underground Facility as provided in paragraph6.20, CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both,, to the extent that they arc attributable to the existence of any Underground Facility that was not shown or .indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If.OWNER and CONTRACTOR are uraable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract'Times, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. However, OWNER, ENGINEER and ENGINFER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points- 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to ermble CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINMER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos. PCBs, Petroleum, Ilazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Idarardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated'in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at, the site. OWNER shall not be responsible for any such materials brought to the site by CONE RACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4-5- -GQ1- -T- AGTQRZshntl-immediately (i}stop•all �4car}-ir�crartrxwtien with -sash hRztrdousGendition find Hs aFid wd suoMnotice-in-writing)-4WE�ihR-shall-prompt Iy cxtrtsult-with-ENGINEER-corwemirtb Eha-necessity-for 01�-'�iGR-ici-retain-R-gitRliftad-axpaR to-avRluRta-such heM.R.10us e GONT AGF steal!-not-be-required-to•resume-Work sueh R€Trsta Rriy-re fittired-pemrits-relete&theretaand-de I ivered-to that -mcn rendered ---Al ptien-of-4? af4, OF and CONT-RACTOR-sannet- agree --es to entitlement to or Werlrstoppnge or ;ucki-lwinl-condi6ens,underwhich aitheFparty-mar. ., lain here€ar-Rs_provided in 4�53-tr afterF666ift9 w p�R ^, noHea C-ONTR•AG -OR-does-not-agree-to-resume-such-work based en-R refisenable belief it is unsafe, or does not R1 eonditions the army erg su6h {3et o e€ eondition o�vn a�Teeted--area -to-be-deleted-from the-V.1arl- If Q,klNkm and r n rrc,An, no eannot agree•asto•entitlement to•oFtha-amount or -extent -of -an afJjustmenk if any, in Gamma Nee orcintMet-T-tme.3 either-part}-may-ratd:a-n-ctnitn-tt3arator-Rs-pruvltiad-in ny-#`R-�latad portion -or -dta-Work-parfonned-(�,v-OVkWER's-own forces o�otltars•in-ec�or<lnnca-with-rinicla 7- RagulRtiotti5,-0V1TFER-shRll--indemni €y-Rnd-hold harm less —G'ON-TRACTOR:—Subcontmstors; LNGWEER; E-,.rn�rt,r�inr.' Gonsaitfiritti Find ,-_ �fitcars—dirastorst ampbyaes,—agents—other consulttutts-tutcR-subaintmctors-of-aRclt-nncR-Ivry-ctf !item-from-and-agaimt-all-claim*-costs-fosses=and den ages-arising-our.-oM.»rasu Ming -€rote -sash cx�sErtoss-or-damage-is-attributable-Eo-boclily-inJuty; Vii( tien eftangible pro thert•-t#w-V4o Ilitself_}c inclucling--the-loss-of-use-resulting-therefrom-•and (u}nothi%-in-this-su bparauaph-4. *-;:4-sha ff-obligate O14q,1CsR--to-indemnify-any-person-or-entity-from-and own -negligence: EJCDC GENERAL CONDITIONS 1910a3 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4f2000) ARTICLE S--DONDS AND INSURANCE Performance, Payment and Other BontG: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an.amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRAC:TOR's obligations. under the Contract Documents. These Bonds shall remain in effect at.least until one year after the date when final payment becomes due, except as provided otherwise by laws or Regulations or by the Contract Documents. CONTRACTOR shall also famish such other Bonds as are required hythe Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by haws or Regulations and shall be executed by such sureties as are named in the current list of "Companies. Holding Certificates of Authority as_Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Stag; Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act, 5.2. If the surety on any Bond furnished by CO3,1RACTOR is declared a hanlcrupt or becomes insolvent or it-, right to do business is terminated in am state where any part of the Project is located or ii.ecascs to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates. of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or irmtrance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies .shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions, 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions; certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase aryl maintain in accordance with paragraph 5.4. OWNER -shall ash additi)ma -insured-identified-in-the-Sup lementary P ., 0.1._ required tO I� - -�.6a 7 hereaf. CONTR.4CTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as, will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of ahem to perform or furnish any of the Work. or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4:2, claims for damages because of bodilyy injury, occupational sickness or disease, or ikath of CON, RACPOR'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; --i:4:4-claims-fix danhngas-insured-by-euslomary tatnzd- rectly related tithe employment ofsuch-peesen by oilier-reasen 5.4.5. claims for damages, other than to the Work itself because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insLunnee so required by this paragraph 5.4 to be purchased and maintained shall: 5AT with respect to insurance required by paragraphs 5.4.3 through 5A.6 inclusive and 5.4.9 include as additional insureds (subject to any customary exclusion in respect, of professional liability), OWNER. ENGINEER, ENGINEER's 'Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations; whichever is greater, 5.49. include completed operations insurance; E iCDCOENER 1L CONDITIONS 1910-8 (1990 Efitimj w! CITY OF FORT COLLINS MODIFICATIONS (REV A2000) 5.4.10, include contractual liability insurance covering CON FMXCTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11, contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3 2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR'may be correcting, removing or replacing defective Work in accordance with paragraph 13.12' and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at _least two years after final payment (and CONfRACToiz shall furnish OW,TER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfiictory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 01PTTER's Liability Insurance: 5.5. In addition_ to insurance required to be provided by CONTRACTOR under paragraph 5.4. 0AWL7, at OWNER's option, may purchase and maintain at OWNTER's expense OWNTER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Docurne is. Property Insurance: }6—Unless-otherwise-pr(vide4-in-tlie-Suppementary (7otiditiotts,-OWNER shall -purchase -and --maintain of-tha-fu 4-replacemant-cost-theraot-(subject-to-such deductible-amounts-as-may-ba-provided-in-the Supplementtuy-Contditk)m-or-required-by-Laws-annd Regulatiom).-This-insurance shall- 5:6-1—include—the—interests—of—OWNEER: - F perseB eF antitias-identifW-in-the-Supplementary-Eondit ions; each•of-cotton-is-deemed-to•have-an-insurablrinterest un&shall-be-listed-as turinhsure4or-additional-insured; 5:6:2-1x-writEert-out-tt-Builder's-Disk='eel-risk'=oe shall a! least inelude iinksuffifitie for Physie"I less at -least the fbilowing-peril^: Eire, lightnir_V, e?rA.,aAndAd troversgei-theft-vnncla lism-erni-malicious-m iscttiaf, eAfFltt _ _ rrHeWFttl-detnelhie>F Spe �:6-3:-include-e.�cpenyes-im:urrzt4-in-tht-repair-or limited to f�es and ehaFges of on&eefs an repliwemen6ofr©ny-utsured-property-(inctttcling-but-net architects); or-at-another-loeation-that-was-agreed-to-in-writing-by OWNER pri@F to being irwer-panited in the W6r�-7 provided that sush materials and equipment ace bden ineluded in aft Fit FeCOnIFTWnded 3:6: S-tin-mair3Eeirtrc�in-elFaot-until-lata�payment-ts " ml-iting-by nevnrco rn -ro er rnn ^ .t cnrrrMr:n thirty-dtiy-_� -v;nRen-notice-to-each-ether-additiona} iSSHBd- 5-7. 0"EN--R-shRH-lxfrehRse Rnd-ntnir Rnr r piles fiY--IfiLSUFftn6a as-may-ba-required-by-dia Supplementary-C:t)nditiorts-or bawsi and h will inee i de th E}p�a�o errnv a.t ^^y�lIfrFPil3lsl cnrr_rn �.crcw,. .ltants and any other identified wham is rned-ta have an insurable-interest-and-slt ]Hl e-listtxtas Rn-insured-eFa<lditionRl-itssure� Cher evidence-dtdr"�`ciuire' • ' "� ^�^�� i ^nd maintained-by-:OVP E-R-in-RGcordanee-witli-paragFnphs +:6 end- G94FRA-C-TOR and. to eeeh other additieml insured toa prey t�veragd-atFordechwill-not-ba-caneelled-or-ntateria}ly chat]aacfor-renewal-rafitsad-anti}-at least -thirty -days -prior written-notice-hss-been-given-to-04V•AFER-and whont-a-cartit irate-ot=insurance-hns-been-i-.gued-and-witI contain --wRtYdF—provLSiOtrS—ao--aGGOrd87168--with �-l-l- 5:9. OWNER shaH not be responsible ror purchasing and maintaining any property imittrance to protect the interests of CONTRACTOR- Subcontractors or others in idetttt6td-irrthe-�upQkemtvttarv-CotuliEioru�Lhe-rislrof leas wit#tin . itch-identified-dedti6tiW amount; will ba home by GQNTR such-loss--and-iFeny-of-them-wishes-property-insurat" overage-tvithirrthe-litnits-vf-such-amcwntx-eactrmay purchasO-and-maintain-it-at-tha-purchasdest»vtrnxp nse. 3-10:-1tC;UN�TR4GFf=3lZ-rdyursLv-irrwritir>E; ttwE-odter insurtrIU e, find the eest dta c'hangO Order -ems- Written AmendmenE. prior -to EJCDCOEN6it,%CONDMONS191"(1990Edition) . ad CI'rY OF FORT COLLINS I•IODIFICATIONS (REV 472000) commencement-oftha-Work-Awhe-site-4WNE-R-shal}-in writing advise '' har sr. not q,eh-othcg SAL wo'. -_r %fRKgkts. 5-1-l-I-OWAFER artd�CU}�fiFRt�GTnR-intartd•that•all policies-purchasail-in-twcordance-with-paragraphs .6 Subcontractors. —F1VGINFFR. ENG114FER !s nt-ittas iddntifiCid insureds-oFadd it ions l-insu reds -in -such -policies -and den}a11 caused in the event of payment of any less ef insurers-naFight rc very against e wi11 havenwef the-insureds-o iEianal-insureds-dmreunder: dir�ctor:��tpltv}ees-nnd-agents-ftM-�+11-- loseas-and 0 Rny--9�Ehd-pdFllS-6E�4dr2d-hy-Sti6�' ^`T-poltv'd� aT^'Q-any able to EhO AV0FI�Rnd: in-additieAt--waive RN -sac :-Fighti-Rbtttttst Suheen"GteFns; 1;W+-It`!9l;R—Pim`rPc tcIu2_ C-onsultants,and-allother-persnns-oF-entities-identified tiom le be listed as ieS-IFiF gh malting-such-wRiveF-enav--Mave-to-the-precdads-of insumnetz-h is by ne,cnrcu aI-ruisteeGlhePl4ge payable-under-any-policv-scrissued 5-r 1-?.-4vaives- all nigh agttittst GO�I-TR�6TOR Sulx.ontmGte�rs; E GWEE nd-the officers-directors,-craployeas-artc4-Rgenis>of-arty-of them -for: of-u.aor-otheF-mrisequential- m--extending beyond -direct -physical -loss -or -damage -to OW�WtWs property or the 'Alefle eaused by, aFising-out-4or-resulting-fronrfire-.or-other-peril; whether-or-not-insured-byLF3'%,VNE12=aril 54-1.2.2loss-or-damage-to-the-completed resulting-Gonrtirn-or-other-irtsurexl-paFil-voverrd b"n,%-prape nc . during—partitd—utiliatdon—pursuant—to perat raph-14-117.-after-Substantial-Completien pursuant-toimmgmph-I4-8-or-alter-linnl-payment Par uantiol less F4 Fred to irrlhis + a tkt that n-e--ect9it-Af-pa . recovery - age tnst-ariy- of- GGNTRAGT-Q 2 Subcontractors; duds s Of HHy of theffl. Receipt andApplication of Insurance Proceeds-: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds. as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received,. and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any bits with the insurers unless one of the Vparties in interest shall object in writing within fifteen days aRer the occurrence of less to OWNER's exercise of this power. if such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers in intares� , � •• _ shall-giv�bEind-for-the 5. Acceptance of l3ondc and Insurance; Option to Replace: 5.14. If eiOier-part OWNF.'.R has any objection to the coverage afforded by or other provisions of the Bouts -or insurance required to be purchased and maintained by the athef pany CONTRACTOR in accordance with Article 5 on the basis of nonconfomtance with the Contract Documents, the objecting-pattyshall-so•notify-the-other--party OWNER will notify CONTRACTOR in writing within ten fifteen days after receipt delivery of the certificates (or-otheF-evidenca requested) to OWNER as required by paragraph -2.7. other-such-addiiional-infornwtion-arrespect-of-insurance providaci-us-the-other-may-reasonably-raquesr—lf-dither party-does-nvl-purc�tttse-oF-maintain-all-of-tha-Bortcls-aria! insuntnca-ragttired-ot-such-patty-hy-the-Eontract wntirig-of-such-failure-te-purchase-prior-tothe start of the Werk-ar-efsusfrfailara to meirtteirt-ptaor-te ", ehHnge in Wr heut pFejudiee to any other-r+g#rt or -remedy -the o[haFparty-ratty etact-to-obtain equivalarrt Bonds oYinsurartcx tcrpruttct-sueh•othrr party�s-interests at thr•ekpense-of-the-party-who-was-required-to•provide-such Vortirnet-Fride•ac>cordirraly- Partial Utilization -Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EKDCOENERAL CONDITIONS 19I0-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Completion of all the Work, such tile: or occupancy may be accomplished in accordance with paragraph 14.1&; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. Awric LF: 6-CoNrRACTOR'S RESPONSIBILITIES Supen7uon and.Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, .sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means. method, technique, sequence or procedure of construction which is'shown or indicated in and e._essly required by the Contract Documents. CONTRACTOR. shall be responsible to see, that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and LNGINEER except under extraordinary eircuin stances. The superintendent will be CONTRACTOR's representative at the site and'shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide .competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours aril CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's-written consent given after prior written notice to ENGINEER, CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in .advance; of anv Work to be performed on Saturday, Sunday. Holidays or outside the Recular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR, shall fumish and assume fullresponsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel. power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing_Restrictioris: CONTRACTOR must comply with the Citv's purchasing restrictions. A copy of the resolutions are available for review in the offices of the purchasing and Risk Management 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 containing cement to certify 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 otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. if required by ENGTr1TF.ER, CONTRACTOR shall famish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as othcnvisc provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1, CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in. the progress schedule that will. change the Contract Times (or Nfilestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Sub4itulesand "Or -Equal " Items: 6.7.1. Whenever an item of material or equipment is specified,or described in the Contract Documents by using the name of a proprietary item or the name of a fxnRicular Supplier, the specification.or description is intended to establish the type, function and quality required. Unless the specification or description EJCDC GENERAL. CONDITIONS 1910-8 (1990 Editim) 12 al CITY OF FOR'r COLLI M MODIFICATIONS (REV 4P000) 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 INGNEER under the following circumstances: 6.7.1.1. "Or -Equal If in ENGNEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which. case review and approval of the proposed item may, in ENGINEER's sole discretion, he accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGNEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subpamgmph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information 'as provided below to allow ENGNFF.R to determine that the item of material or equipment proposed is essentially equivalent to drat named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not he accepted by F..NGNEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first, make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suittA to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is sub1ect to payment of any license fee or royalty. tVl variations of the.proposed'substitute from that specified will be identified in the application and available maintenance,repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be CONTRACTOR shall Perform not less than 20 considered by ENGINEER in evaluating the percent of the Work with its own forces that is proposed substitute. ENGINEER may require without subcontracting). The 20 percent requirement CONTRACTOR to furnish additional data about shall be understood to refer to the Work the value of the proposed substitute. which totals not less than 20 percent of the Contract Price. 63.1.3. CO? M4CTOR's Expense: All data to be provided by CONTRACTOR in support of any 6.8.2. lf-the-Supplementary-Gonditions Bidding proposed "or-cqual" or substitute item will be at Documents require the identity of certain CONTRACfORSs expense. Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the 6.7.2. Substitute Cwutiurtion ,Ltethods or principal items of materials or equipment) to be Procedures: If a specific means, method, technique, submitted to OWNER in-advance-4-tha-speeifted sequence or procedure: of construction is shown or date prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER—aod-if Documents; CONTRACTOR may furnish or utilize a t .hermf in substitute means, method, technique, sequence or a nse Wit, �; e—oQr 'fnent� Conditions. procedure of construction acceptable to ENGINEER. OWNER's or ENGINEER's acceptance: (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER, in ENGINEER's sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that e-Tressly called for by the Contract Documents any such --Subcontractor, Supplief-er-other-person-<tr The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. ionaa�- --- -m--ga•i^^ in which eme r'ONTR. GTQR- ;hall met,mk 6.7.3. Fngineer's Evaluation: .FNCrINFER will bz be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to such-substitution-and-an-appropriate-Qftnge-Order paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the wiH be issued or Wfitten Amendine,will sole judge of acceptability, No "or -equal" or constitute a condition of the Contract requiring the substitute will be ordered, installed or utilized without use of the named subcontractors, suppliers or other ENGINEER's prior written acceptance which will be persons or organization on the Work unless rn evidenced by either a Change Order or an approved written approval is obtained from OWNER and Shop Drawing. OWNER may require ENGINEER. No acceptance by OWNER or CONTRACTOR to furnish at CONTRACTORSs ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surety with respect to any "or -equal" or substitute. of any right of OWNER or ENGINEER to reject ENGINEER will record time required by defective Work. ENGINEER and ENGINEER'S Consultants in evaluating substitutes proposed or submitted by 6_9. CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making chames in the Contract 6.9.1. CONTRACTOR shall be fully responsible to Documents. (or in the provisions of any other direct OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. Whether or not ENGINEER and organizations performing or furnishing any of.the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR, CONTRACTOR shalt reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGMTEER and responsible for CONTRACTOR's own acts and ENGINEER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall p proused substitute item, create for the benefit of any such. Subcontractor, Supplier or other person or organization any 6_S. Concerning Subcontractors, Suppliers and contractual relationship between OWNER or Others: ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create ;any 6.8.1. CONTRACTOR shall not employ any obligation on the part of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to see to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6.8.2), whether organization except as may otherwise be required by initially or as a substitute, against whom OWNER or Laws and Regulations. OWNER or ENGINEER may ENGINEER may have reasonable objection. furnish to any subcontractor, supplier or other person CONTRACTOR shall not be required to employ any or organization evidence of amounts paid to Subcontractor, Supplier or other person or organization CONTRACTOR in accordance with to furnish or perform any of the Work against whom CONTRACTOR'S "Applications for Payment". CONTRACTOR- has reasonable objection. EJCDC OENERAL CONDITI ON'S 1910-8 (1990 E(itim) col CITY OF FORT COLLINS MODIFICATIONS (RLV 42000) 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons. and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work. to communicate with the ENGDTLER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work. to be: performed by any specific trade, 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds- the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and W, GfNEER. Whenever- . addidenal-�tsafed on the pFeperty ttwuranee provided -in pamgmph 5.6 or-5.7, the t t"^ GOAI-TRf1ETOR-and-tliewa-Sul)Ltxiuter-a Supplier -will eetttsirrpfeV fonts the S"been- eeter-er zSupplier :vaivc�s-tell right agait>rt O44r�Ilio rn�rrunr•rnv GTfGINSSR 6NGPM9R'S r•,.nsultents and "Fill otheF ' Find auset�y efisingoitt of of restlting ffotn arty of eke perilseevered-by .meh -IA'64es and- any other. the -Work —If -the -insurers -on -any -such -policies -require sepafate-waiver ' y Subeanfraeter• ctf Patent Fees and Royalties: 6.12 CONTRACTOR shall ply all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights coiling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER, ENGINEER's Consultants and the officers, directors, -employees, agents and other consultants of each and any of them Lorin and against all claims costs losses and damages arising out of or resulting from arty infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. EJCDC QE 'EtAL COND111ONS 1910.8 (1990 Edition) 14 a/ CITY OF FORT COLLINn MODIFICATIONS (RLV •1/2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses: OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection. fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the lWork: Except where otherwise expressly required._by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CON'l'RAcTOR's compliance with any [saws or Regulations. 6.14.2. If CONTRACTOR performs any Work ktuiwing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTORs primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not. relieve CONTRACTOR of C(7NTRACTOR's obligations under paragraph 3.3.2. Taxes: 6,15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and load sales and use taxes on materials to be permanently incorporated into the Uroject. Said taxes shall not be included in the Contract Price. CONTRAC,'TOR must apply fur, and receive. a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be pfi sically incorporated into the project This Certification of Exemption provides that the CONTRACTOR shall neither bay nor' include in his Bid. Saks and Use Taxes on those building and construction materials physically incorporated into the protect. Address: Colorado Department of Revenue State Capital Annex 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid .will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of. any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Rev10/20/07 Section 00100 Page 2 1375 Sherman Street Denver, Colorado, 50261 Sales and Use Taxes for the State of Colorado Regional TraMrtation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Tares (including State collected taxes), on any items other than construction and buildir, materials phvsically incorporated into the proiect are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises.- 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the o bons of workers to the site and land and areas i entiCied in and permitted by the Contract Documents and other land and areas permitted by laws and Regulations, rights -of -way, permits and casements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwtsc resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER ENGINNEERs 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 sucft owner or occupant against OWNER. ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and sarrplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.13. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that .will endanger it: Record Documents. EXI)C GENERAL CONDITIONS 1910.5 (1990 Edition) wl CITY OF FORT COLLINS MODIFICATIONS (RL•'V 412000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders. Work Change Directives, Field Orders and written interpretations and clarifications .(issued pursuant to peragmph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents. Samples and Shop Drawings will be delivered to ENGINEER for OWNER: Safety and Protection: 6.20. CONTRACTOR shall be, responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety oC and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected. by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto; including trees, shrubs, lawns, walks, pavements; roadways, structures; utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of -adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6,20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable t6 the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEE .or ENGINEERS Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21_ .Safery Represenradve: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties andresponsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among, employers at the site in accordance with Laws or Regulations. Emergencies: 6,23. In emergencies affecting the safety or protection of persons or the Work or property at the site. or adjacent thereto, CONTitAurOR, without special instruction or authorintion from OWNER or FNGINF,FR, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEFR prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action -taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be, issued to document the consequences of such action 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be completewith respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGNEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR sh:dl also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier. pertinent data such as catalognumbers and the use for which intended and otherwise as ENGINEER may require to enable 6NGINFER to review the submittal for the limited F KDC GENERAL COND111 ON51910-8 (1990 Edition) w/ a'tY OF FORT COLUNs rtoDtr[CATIONS (REV 412000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 625.1. Before submitting; each Shop Drawing or Sample, CONTRACTOR shall have determined and verifted: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.12. all materials with respect to intended use, fabrication, shipping, Handling, storage, assembly and installation pertaining to the performance,of the Work, and 6.25.1.3. all informntion relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. F.ach submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONfRACfOR's review and approval of that submittal 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal: and, in addition, shall Muse a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Worl;% conform to the information given in the Contract Documents and be compatible. with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGNEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6 27, ENGINEER's review and approval of Shop Drawings or Samples shalt not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEERS attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINNEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CON"TRACTOR from responsibility for complying with the requirements of paragraph 6.25),1. 6.28, Where a Shop Drawing or Sample is required by the Contract Documents or. the schedule of Shop Drawing and Sample submissions accepted by F.NGiNEER as required by paragraph2.9, any related Work performed prior to HNNGINEER's review and approval of the pertinent suhmittal utill be at the sole expense and responsibility of CONTRACTOR. Continuing the Mork: 6.29. CONTRACTOR shall cam on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of. any disputes or disagreements, except as permitted by paragraph 15.5 or -m OWNER attd CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's General Parranty and Guarantee: 6.30.I. CONTRACTOR warrants and guarantees to 01VNER. ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRAC'TOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.302; 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 WCDC QWNULAL COND1Tl ON'S I910-8 (1990 Editim) WI CITY OF FORT COLLINS k10DIFICATIONS (RIEV 4R000) 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 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. 'ro the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER ENGWEL-Rs Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of crrgurcers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cast, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by.any of them to perform or furnish any of the Work or anyone for whose acts any of them may he 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 by Laws and Regulations regardless of the negligence of any such person or entity. 6.32, In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, arry person or organization directly or indirectly employed by any of them to perform or .furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability, of ENGINEER and ENGI,NEER's,Consultants. officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations.- 6.34. All representations, indemnifications, warranties and guarantees made in required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and. acceptanceof the. Work and termination or completion of the Agreement. ARTICLE 7--OTHER WORK Related Work at Site: T1. OWNER may perform other work related to the Project at the site by OWNER's own forges, or let other direct contracts therefor which shall. contain General Conditions sim filar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i).written notice thereof will be given to CONTRACTOR prior to slatting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time arid the parties 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 such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the. Work that may be required to make its several parts come together properly. and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter'their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contnictors to the extent that there are comparable 1 S EXI)COENFRAL CONDITIONS 1910-8 (1990 Edi1iar) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) provisions for the benefit' of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONI'RAC1'OR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such .other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coor(fination: 7.4, If OWNER contracts with others for the performance of other work on the Project at the site. the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified, 7.4.2. _ the specific matters to be covered by such authority and responsibility will be itemized; and 7A1 the extent of such authority and responsibilities will tic provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect ofsuch coordination. ARTICLE 8--OWINER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, MINER shall appoint an engineer against whom-CON-TRACTOR—makei�-no-rettsortable-©tje tior4 whose status under the Contract Documents shall be that of the former L'NGI,i LEER. 83. OWNER shall furnish the data required of OWNER trader the Contract Documents promptly and shall make payments to CONTRACTOR promptlywhen they are due as provided in paragraphs 14.4. and 14.13. 8.4. OWNER's duties in "respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs4.1 and 4.4. Paragraph4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests. of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. aA C .. ,and prrpra F� forth -in -paragraphs 5-5-through-5-I.0- 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNERs responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, sec paragraphs 13.10 and 15.1. Paragraph 15:3 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The .OWNER shall not supervise, direct or have control or authority over, nor be responsible for. CON£RAcrows means; methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfonnance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.' 0^.'.V. t-ef-undisslesed :4s;.esteS5 PGPS—Petlr'aunm, Ha-..,..a.,n n,m--WWI' OF Rftdioaetive-INfaterials-aneoveracl-oFrevea',nd-nri;•�-site-is set f4th in paragmph4-.-:)- S-1 1. if a mas weed to furnish r(?NFIZR( Lt- -:oa arrangements-Imava-been-mach-to-satisfy-OW�IEP's r aeu enss—^v;VNRR!S responsibility in-respect-thereof=will-be-es-se"onh-in-the Supplenmentary-Eonditions- ARTICLE 9-ENGENEF.R'S STATUS DURING CONSTRUCTION 0MVERIs Representative: 9.1. ENGNEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER arid ENGINEER Visits to Site: 9.2. ENGEKEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITI ON$ 1910-8 (19W E(fitiai) w/ CITY OF FORT COLLINS MODIFICATIONS (RE-V 41:000) that has been made and the quality of the various aspects of CON7RACTOR's executed Work. Based on information obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. FNGIN} ER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER'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 OWi\T 2 informed of the progress of the Work and will endeavor to guard OWNER against tkfective Work. ENGINEER's visits and on -site ohscivatioris are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACI'OR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONPRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR. to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representatives 9.3. If OWNER and ENGINEER agree, ENGINES R will furnish a Resident Project Representative to assist ENGMER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 Find in the Supplementit Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in die Supplementefy Genditio paracn_tph 9.3 of these General (condition If the FNGiNF,F.,R furnishes a Resident Project Representative (RP_Pj of other assistants or if the OWNER designates a Agpresentative or agent, all as provided in pamQraph 9.3 of the General Conditions these Representatives shall have the authority and limitations as provided in ari_ragraph 9.13 of the General Conditions and shall be subiect to the following: 9.3.1. The Representative's dealings in matters pertaining to the on -site work will, in general, be with the ENGINEER and CONTRACTOR But the Representative will keep_ the OWNER Inon�rly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and approval of the cONI'RACTOR. 9.3.2. Duties arid Responsibilities. Representative will: 9.3.il.Schedules - Review the progress 19. schedule ,and other schedules preixrred In, the CONTRACTOR and consult with the Eli tGINEER concerning acceptability. 9.3.2.2. Conferences and Meetinb - Attend meeting with the CONTRACTOR such as preconstruction conferences—progess meetings and other job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as FNGINFER'S liaison with CONTRACTOP, working principaUv through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assist in obtainim,. from OWNER additional details or information, when, required. for proper execution of the Work. 9 3.2,3.3. Advise the . FNGINFER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or simple submission if the submission has not been ap roved by the FANGINFFR 39 2.4.Review of Work; Rejection of Defective 4Var InslH;ctions and'I'csts 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies havin jurisdiction over the Project. record the results of these inspections and report to the ENGINEER 9.3.2.5. Interpretation of Contract Documents. Report to ENG rNEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER 9.3.2.5. Modifications. Consider and evaluate CON'rRACI'OR'S suseestions far �p EJCDCOENTRALCONDITION51910-8(1990Editim) a•/ CITY OF FORT COLLINS;IXIODIIICATIONS (REV 4/2000) modification in Dratvinps or Specifications and report these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENG 11i 1EER. 9.3.2.7. Records. 9.3.2.9 Repots 9.3.2.8.1, Furnish ENGINEER periodic reports, as required. of the progress of the Wok and of the CONTRACTOR'S compliance with the ro e�jscheilule and schedule of shop Drawing; and sample submittals 9 .2.8.2. Consult with ENGINEER in advance of scheduling, maior tests inspections or start of important phases of the Wok. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Chancres, obtaining backup material from the CONTRACTOR and recommend to ENG rNEER Change Orders, Work Directive Clrames and field orders 9.3.2.8.4. Reportimmediately to ENGMER and OWNER the occurrence of anv accident. 9.3.2.9. Pavment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and fonvard with recommendation to ENGMEER, noting, particularly the relationship of th�yment requested to the schedule of values work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Coco letp ion. 9.3.110.1. 13efore ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items requiring correction or completion 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. .Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9:3.3_ Limitation of Authority: 'rhe Representative shall not: 9-3.3.1. Authorize anv deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER: 9.3.3.2 Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents, 9.3.3.:3. Undertake any of the responsibilities of the CONTRACTOR Subcontractors, or CONTRACTOR'S superintendent. 9.3.3.4, Advise on, or issue directions relative to, or assume control over any=aspect of the mars, methods, technique& sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions and pro€;rams in connections with the "Tork. 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 part. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others except as gxc:ifically authorized by the ENGIN EER Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDCOE'NE1tAL CONDITIONS 19104 (1990 Editiao) Wi CIlY OF FORT COLLINS MODIFICATIONS (RE V d/1000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article l I or Article 12. Authorized Variations in Work: 9.5. ENGINEER may .authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an al ustmcm in the Contract Price or the Contract 'f imes and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 'These may be accomplished by n Fjeld Order anti will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Qrderjustifies anadjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 1 I or 12. Rejecting Defective Ulork• 9.6. FNC.INFFR will have authority to disapprove or reject Work which ENGINEER lx.lieves to be defective, or that ENGLNEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings. Change Orders and Pa ments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Charge Orders, see Articles 10. l I and 11 9.9. In connection with ENGMEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEFR's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINTEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten shays after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intentionto appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time fimits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute. Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or.(ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR.. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on DLtpatec• 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to Uie acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and .12 in respect of changes in the Contract Price or Contract Times will be raferred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event Liter than thirty days) after the.swrt of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the, submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submitul (unless ENGINEER allows additional time). L IGMEER will render a formal decision in writing within thirty days alter receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGDTEERs written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in E,XHWIT GC -A, "Dispute Resolution Agreement"., entered into between OWNER and CONTRACTOR pursuant to Article 16, or (iij if no such Dispute Resolution Agreement has, been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights_ or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJCDC OhNERAL CONDI't oNs 191 m (1990 Editim) 22 pit cn y.OF FOR'r COLLINS MODIFICATIONS (REV 4/2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, EN01NEER will not show partiality to.OWNER or COYMACTOR 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 ENGNNEER pursuant to paragraphs.9.10 or 9.11 with respeq to any such claim, dispute or other matter (except arty which have been waived by the making or acceptance of Final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Lays or Regulations in respect of any such claim, dispute or other matter-ptrrsuar Ra-Ai#icle . 9.13. Limitations on ENGINEER's .Authority and Respgnsihilitier. 9,13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking exercise or performance of any authority or responsibility by ENGINEER sluall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or orgamzation,.or to any surety for or employee.or agent of any of them. 9.131. 13NG1NEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means• methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work ENGINEER will not be responsible for CONTRACTOR's failure to perform or faintish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work 9.13.4..ENGINEER's review of the fatal Application for Payment.and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests anti approvals that the results certified indicate compliance with, the Contract Documents, 9.135: 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-CFLI:VGFS IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surely, 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 Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if nny, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may Ne- made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Tunes with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGNEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1i (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; 10A.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.43. changes in the Contract. Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract. Documents and applicable Laws and Regulations, but durintt any such appeal. CUNTRACI'OR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL. CONIDITIONS 19 to-8 (1990 Edticn) car CITY Or rORT COLLINS MODIFICATIONS (R V an_000) (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 COATTRACTOR's responsibdity, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE, OF CONTRACI' PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustmenfs) payable to CONTRACTOR for performing the Woric All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR sltiall he ntCONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only he changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other parry and to ENGINEER promptly (but in no event later than thirty bays) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty hays after the start of such occurrence or event (unless FNGTNF.ER allows additional time for claimant to submit additiortal or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit price., contained in the Contract Document,, by application of such unit prices to the quantities of the items involved (subject to the provisions . of 23 paragraphs 11.9.1 through 11.93, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a Mutually agreed payment basis, including lump sum (which may include an allowance for overheard and profit not necessarily in accordance with paragraph l L6?); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11,3 ?, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CON"rRAC'rOR's fee for overhead and profit (determined asprovided in paragraph 11.6). Cost of the Work 11.4. The tart Cost of the Work, mean- the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amount- no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. PA oll costs for employees in the .direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CON'TRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll cost- for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall irwluat—, but -not be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and -retirement benefits, —bonuses; applicable thereto. The expenses of. perfom'1mg Work after regular work-4.hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.42. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof. and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates turd refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained.. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors, If required by OWNER, �� EXI)C.GENERAL CONDITIONS 1910-S (1990 Edilicn) wl CITY OF FORT OOLLI NS'MODIFICATIONS I.REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 1 t.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions.of the Contract Documents insofar as applicable. 1IAA Cost- of special consultants (including but not limited to engineers, architect-, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following 11.4.>.1. The proportion of necessary transportation, travel and subsistence expenses of CON'TR.ACTOR's employees incurred in discharge of duties connected with the Work. 11 A.5:2. Cost, including transportation and maintenance. of all materials. supplies, equipment; machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in.the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all . construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading; installation, dismantling and removalthereof-all in accordance with terms of mid rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and R aulations. 11.4.5:5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise; sustained by CONTRACTOR in connection with the 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered.Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the. scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially -complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. Rev 10/20/07 Section 00100 Page 3 performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established .by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the negligence of CONERACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Wort: for the purpose of determining CONTRACTOR's fee. IL however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.62). 11.4.5.T The cast of utilities, fuel and sanitary facilities at the site. 11A.5X Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. 'f he term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTORs officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators; attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.52. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site: 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.59 above). EJCDCGENERAL CONDMONs 191M (1990 E(litim) IV/CITY OF FORT COLLINS MODIFICATIONS (REV 4rz000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work. disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the cc sts of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee: or 11.6.2. if a fixed fee is not agreed upon, then a tee based on the following percentages of the various portions of the Cost'of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACfOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shill be five percent; 11.6.2.1 where one or more tiers of subcontracts arc on the basis of Cost of the Work - plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11 A:3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any hi(,her tier Subcontractor and CONTRACTOR will each be paid a fee-of=liva-percent-of-the-amount-paid-to the -next -lower -tier -Subcontractor- to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemiwd under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNI ER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONI TRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in anv one change, the adjustment in CONTRACTORS fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2-3, inclusive. I LT Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in.accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash A11amanctw. H.S. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be famished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAGTOR (less any applicable. trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the r6regoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unir Price Work- 1 1.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for .the purpose of comparison of Bids and determ ining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed Iry CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CON`TTRACTOR'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. 11.9.3.1. the quantity of any item of Unit Price Work pertormod by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; ati EJCDC.OENERAL CONDITIONS 1910-9 (1990 Editim) w! CITY OF FORT COLLINS MODIFICATIONS (REV 4J7000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if C(7NfRAC:TOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as 'to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five Wroent oC the original total Contract Price. ARTICLE 12--CHANGE OF CON-m kCT Tim Es 12.1. The Contract 'Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to h-NGINEER promptly (hut in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days alter such occurrence (unless EiNGfNEFR 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 attire adjustment to which the claimant has reason to believe it is entitled as n result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times .(or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or NGlestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods. epidemics. abnormal weather conditions or acts of God. Delays attributable to and within the control of it Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4, Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or Nfilestones) in.an amount equal to the time last due to such delay shall be CONTRACTOR s sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any. Supplier, any other person or organization or to arty surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics; abnormal weather conditions, acts of (iod or acts or neglect by utility owners or other contractors performing other work as contemplated by article 7. ARTICLE; i3—•fES'rs AND INSPFCT1ONS; CORRECTION, REMOVAL OR ACM-rAI\CE OF DEFECTIPE WORK 13.1. Alotiee of Defectsr Prompt notice of all defective Wort: of which OWNER or FNGINFFR have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work. 13.2. OWNER, CgGWEER, DJGMER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable —times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTORS site safety procedures and programs so that they may comply therewith as applicable. Te&s and Inspections: 133. CONTRACTOR shall give INGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pity for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC GENLRAL CONDITION'S 1910:8 (1990 Edition) w( CITY OF FORT COLLINS moDiFICATIONS (RLV 4lZ000) below shall be paid as provided in said paragraph 13.9;and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereot) specifically to be inspected, tested or approved by an employee or other representative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish FNGWEFR the required certificates of inspection. or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all cost- in connection with any inspections, tests or approvals required for OWATER's and ENGINFER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for _approval prior to C'ONTRACTOR's purchase thereof for incorporation in the Work. 1.3.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINFE'R, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall he at CONfRACI'OR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR'S intention to cover the saute and FNGINFER has not acted with reasonable promptness in response: to such notice. Uncemwing Work. 13.3. If any Work is covered contrary to the written request of ENGINEER, it mast, if requested by ENGINEER be uncovered for LNGNEER's observation and replaced at CONTRACTOR's expense. 13.9. If F.NCrRNTEFR considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGIt�7EER's request, shall uncover, expose or otherwise make available for observation, inspection or testing is 24GINEER may require, that portion of the Work in question, furnishing all necessary Libor, material and equipment. If it is found that such Work is defective; CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering e.cposurc, 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 r> ./ective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 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 1 l and 12. 011,NER Jfav Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails. to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such`a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop: the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part. of OWNER to, exercise this right for the benefit of CowRAC1'OR or any surety or other party. Correction or Rentoval of Defective Work 13.11. If required by ENG[EER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed or, if the Work has been rejected by ENGINEER, remove it &rpm the site and replace it with Work that is . not defective. CON't'RAC'I'OR shall pay .all claims, costs, lasses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work. of others). 13.12. Correction Period; 1:3.12.1. If within one Year two vicars after the date of Substantial Completion or such longer period of time as may be prescribed by haws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost. to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNNER, remove it from the site and replace it with Work that is not defective, and (ii) Fatasfactorily correct or remove and replace any damage to other Work or'the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including- but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.122.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, Amendmcnt. 13.12-3. Where defective Work (and damage to other EJCDC GENE RAL CONDITIONS 1910.8 (1990 Edition) 28 WICITY OF FORT COLLINS MODIFICATIONS (Rai V,111000j 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 one yet two vears after such correction or removal and replacement has been satisfactorily completed Accepktnce of Defective Work: 13.13. If instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all .claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (.such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of [mal payment, a Change Order will be issued incorporating the necessary revisiom in the Contract Documents with respect to the Work: and OWNER,shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONCRACrOk to OWNER. 0TVVER hfav Correct Defective Work: 13,1 d. If CONTRACTOR fails within a reasonable time after written notice from ENGIi1 1]ER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.1 1, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER mav, after seven days' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In eomcction with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OWNER'S representatives, agents and employees. OWNER's other contractors and ENGMER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims; costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to. the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor asprovided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction removal or replacement . of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Tortes (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER. of OWNERS rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COIPLETION Schedule of Malues- 14.1. The schedule of values established as provided in pamgmph 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment tilled our and signed by CONI'RAC'I'OR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agrced to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OkVr\tER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNF..R_ .The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involvirtg..in escrow or custodianship. B executing the application for gavment form the CONTRACTOR expressly waives his rip to the benefits of Colorado Revised Statutes; Section 24-91-101. of seg. CONTP-4CTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of.Wiea6ons for Progress Payment. 14.4. ENGINEER will. within ten days after receipt of each Application for Payment, either indicate in writing a EXI)CGENERAL CONDIT10N31910-3 (1990 Ectitionj WI CITY OF FORT COLLINS MODIFICATIONS (REV 40000) recommendation of payment mnent and present the Application to OWNER, or return the application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGNEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER!.- recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observatioms of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of IENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Conti -act 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 cla_ssifiattions for Unit Price Work under Paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.53. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGPi i , ER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGNEER in the Contract Documents or (n) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally. by OWNER. or entitle OWNER ER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means. methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 143. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGNEER's opinion, it would be incorrect to make the representations to 29. OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary. in ENGINEF2s ;opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or (:hange Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.1.4. ENGINEER has actual knowledge of the. occurrence of any of the events enumerated in. paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CON'I'RACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CON`fRAM`OR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling.OWNER to a set- off against the amount. recommended. or 14.7.8. OWNER has actual knowledge of the occurrence of env of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through t 5,2.4.inclusive; but OWNER _must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such actionand promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto ageed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER.'s satisfaction the reasons for such action Substantial Completion: 14.8. When. CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGI'i IELR 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 anJ ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGfNF,ER, does not consider, the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER E JCDC GENERAL CONDITIONS 1910$ (1990 Edition) 30 W/ CITY OF FORT COLLI NS NIODIFI CATIONS (REv jr000) considers the Work substantially complete, ENGNNEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall Ex the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGLNEER as to any provisions of the certificate or attached list.. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work suhstantially complete; ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to. OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER -and CONTRACTOR with respoct to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER_ in writing prior to ENGINFER's issuing the definitive certificate of Substantial Completion, ENGDMER's aforesaid recommendation will Iv binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow, CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Utilization 14.10. Use by OWNER at OWNERS option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant: interference with CONTRACTOR's performance of the remainder of the Mork, may be accomplished prior to Substantial Completion of all the Work subject to the following: I4.10.I.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees.that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and iNGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request LNt GINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OkVNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If.ENGiNEER considers that part of the Work to be substantially complete the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thcrcofand access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance With the requirements of ptmgmph 5.15 in respect of property insurance. Final Inspection:. 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, 24GINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to completesuch work or remedy such deficiencies. Final: Ipplication for Aavntenl.- 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance. with the Contract Documents all maintenance and operating, instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents. CONTRACTOR may make application for final payment following the procedure for progress payments, The fmal Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to fowl payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or Waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services. material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied, if any Subcontractor or Supplier fails EJCDCOENERAL CONDITIONS 191" (1990 Edtion) w1 CITY OF FORT COLLINS MODIFICATIONS (REV 4, 000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize oament are to be submitted on forms conform ing, to the format of the OWNER'S standard forms bound in the Project manual. Ftrud Payment andAcceptance: 14A3. If, on the basis of ENGRTEER`s observation of the Work during construction and final inspection, and ENGINEER', review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has. been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for payment indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions .of paragraph 14.15. Otherwise; ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGIiNFER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to 'CONTRACTOR subicct to paragraph 17.6.2 of these C,eneral Conditions. 14.14. If through no fault of CONTRACTOR, final completion of the Work is signiticamly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENNGiNEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds Nave 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 ENGMER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of fowl 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 firtal 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 CONTRACTOR's continuing obligations under the Contract Documents; and 14.15:2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled: ARTICLE 15--SUSPFiNSIOtN OF WORK :LVD TERMINATION 011VER Hay Suspend Wurk: 15.1. At any time and without cause. OWNER may. suspend the Work or any portion thereof' for a period of not more than ninety clays by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an, extension of the; Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 1 I and 12. OWNIsR Alay Terminate: 15.2. Upon the occurrence of any one or more of the following events: 1511. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply. sufficient skilled workers or suitable materials or equipment or .failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards - Laws or Regulations of any public body having jurisdiction; 15.2:3. if CONTRACTOR disregards the authority of ENGINEER; or 152.4. if CONTRACTOR otherwise violates in anv substantial way any 'provisions of the Contract Documents: OWNER may, alter giving CONTRACTOR (and the surety, if any).seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take. possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at thesite and use the same to the full extent they could be used by CONTRACTOR (without liability to .CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 FJCDC OENIMA : CONDITIONS 1910-8 (1990 Editim) w/ CITY OF FORT COLLI NS MODIFICATIONS (REV 4l2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient: In such rase CONTRACTOR shall not be entitled to receive anv further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be. paid to CONTRACTOR If.sueh claims, costs, losses and damages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such claims, costs. losses and damages incurred by OWNER will be*reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CON'rRACTOR's services have been so terminated by OWNER, the termination will not alfect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON`rRAC'rOR from liability. 15A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the. Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Word:, plus ih¢ and reasonable sums for overhead and profit on such expenses, 15.43. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination: CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination- C'ONTINCTOR Alay. Stop Work or Terminate: 15.5. IC through no act or fault of CONTRACTOR the Work is suspended for a period of more than ninety clays by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pity CON'I'RA(TOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms is provided in paragraph 15A, In lieu of terminating the Agreement and without prejudice to any other right or remedy, if LNGUEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days•' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The. provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract •rime% or otherwise for expenses or damage directly attributable to CONTRACCOR's stopping Work as permitted by this paragraph. .ARTICLE 16—DISPUTE Rmsot,U•r1ON if and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth inF.xhibitGC-A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9,12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—INUSC ELLAI NEOUS Giaiab ,Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or 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 to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the Iasi day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such clay will be omitted from the computation. EXI)C GENERAL CONDITIONS 191" (1990 E(fitico) wl CITY OF FORT COLLINS MODIFICATIONS (RLV -12000) 17.2:2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice ojClaim: 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 Gable, claim will be made in writing to the other pain within a reasonable time of'the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not .be construed as a substitute for or a waiver of the provisions of any applicable statute of hmitation5 or repose.Cuntulaiive RenterGes: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and F.NGiNEFR thereunder, are in addition to; and are not to be construed in any way as.a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply: Professional Fees and Court Costs Included• 17.5. Whenever reference is made to "claims, costs, losses and damages', it.shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the S4tte of Colorado apply to this tWeeinent Reference to two pertinent Colorado statutes are as follows 17,6:1. Colorado Revised Statutes (CRS 547-101) require that Colorado labor be employed to perform the Work to the extent of not less than SO percent (30%) of each type or class of labor in the several classifications of skilled and common labor employed on the pr iect Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race, color, creed awe, religion or sex, 17.6.2. If a claim is filed OWNER is required by law (CRS 3826-107) to withhold from. all payments tti CONTRACTOR sufficient funds to insure the rMyrrlent of all claims for labor, materials, team hire, sustenance, provisions; provender, or other supplies used or consumed by CONrRAC TOR or his 33 34 EJCDC GENERAL COND111ONS 1910.8 (1990 Edition) a/ CITY OF FORT COLLI M NIODIFICA11ONS (.REV 4P000)