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DON KEHN CONSTRUCTION - CONTRACT - BID - 7043 POUDRE TRAIL RELOCATION AT KINGFISHER POINT NATURAL AREA
City Of Financial Services ' Purchasing Division 215 N. Mason St. 2ntl Floor F ®r tCollinsPurchasing Box 580 Fort Collins, CO 80522 Fo 970.221.6775 970.221.6707 fcgov.com/purchasing ' ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid' 7043: Poudre Trail Relocation at Kingfisher Point Natural Area ' OPENING DATE: 3:30 P.M. (Our Clock) June 24, 2009 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. ' GENERAL CLARIFICATION: ' The opening date of the bid has been changed to 3:30 p.m. June 24, 2009. 1. The scope and quantity of concrete trail construction for this bid starts at Station 1+00 and ends at Station 22+35.06. Stations 50+00 to 58+40.19 have already been completed under a separate contract. 2. Bid Item #2 - Traffic Control has been revised — A trail closure will be allowed for the project. A trail closure and detour route exhibit is attached. Refer to the description of the item in the attached revised bid ' schedule for further information. 3. A new bid item has been added to the bid schedule, (Bid Item #7 — Remove Concrete). The description of the item is included the revised bid schedule. See attachments. ' 4. Plan Set Revision - Sheet 13 of the plan set has been revised. The cross sectional detail for the trail construction has been modified. Refer to the attachments. ' ATTACHMENTS 1. Revised Bid Schedule — Section 0300 (1 page) 2. Revised Section 1800 — Definition of Bid Items (2 pages) ' 3. POUDRE TRAIL @ KINGFISHER POINT NATURAL AREA PROPOSED CONSTRUCTION CLOSURE & DETOUR ROUTE EXHIBIT (1 sheet) 4. Plan Sheet #13 - dated 6/15/08 (1 sheet) Please contact John D. Stephen., CPPO, CPPB, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ' ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 1. where renewal is a way of life 1 1 Rev 10/20/07 SECTION 00020 INVITATION TO BID notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings Will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except. where a particular means, method, technique, sequence . or procedure of �I F1 1 J 1 u construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25. L 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work. 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 630. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 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. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work 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 be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. 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 acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 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 contractors to the extent that there are comparable EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18 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 CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 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. and maintaining liability and pr-ep", insur-anee are fe sccdi 01cln 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means,,methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. MIN ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER 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 and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. 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 OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations 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 CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and in the Suppleffienta Eeadit:ien 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 the c......lem ffitary Genditions paragraph 9.3 of these General Conditions. If the ENGINEER fiimishes 1H 9.3.1. The Representative's dealings in matters pertaining to the on -site work will in general be with the ENGINEER and CONTRACTOR. But the Representative will keep the OWNER properly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR. 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1. Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconstruction conferences, progress meetings and other iob conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR, working_ principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or information, when required, for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 9.3.2.4.Review of Work, Rejection of Defective Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.2. Report to the ENGINEER whenever the Representative believes that the Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise the ENGINEER when he believes work should be corrected or rejected or should be uncovered for observation,or requires special testing, inspection or approval. 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Proiect, record the results of these inspections and report to the ENGINEER. 9.3.2.5. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER. 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and report these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.7. Records. 9.3.2.7.1. Maintain at the Representative's office orderly files concerning correspondence, reports of iob conferences, Shop Drawings and samples, reproductions or original Contract Documents including all Work Directive Changes, Addenda, Change orders, Field Orders, additional drawings issued subsequent to the execution of the Agreement, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports and other project documents. 9.3.2.7.2. Keep a diary, daily report form, or log book, recording hours on the iob site, weather conditions, data relative to questions of work directive changes, Change Orders, or changed conditions, list of iob site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures; send copies to the ENGINEER. 9.3.2.7.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of equipment and materials. 9.3.2.8. Reports. 9.3.2.8.1. Furnish ENGINEER periodic reports, as required, of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals. 9.3.2.8.2. Consult with ENGINEER in advance of scheduling maior tests, inspections or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders. Work Directive Changes and field orders. 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ' ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the ' Work. 9.3.2.10. Completion. ' 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring correction or completion. 11 1 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER. OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER. 9.3.3.2. Exceed_ limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR, Subcontractors or CONTRACTOR'S superintendent. 9.3.3.4. Advise on, or issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. 9.3.3.6. Accent Shop Drawings or sample submittals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER. Clarifications and Interpretations. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work. 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work. 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8.. In connection with_ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices. 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes. 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT 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, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter purstiant te Ai4ieie 1 . 9.13. Limitations on ENGINEER's Authority and Responsibilities. 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and L� responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by 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 any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided iri "paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract ' Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.6. By the execution of a Change Order, a Work Change Directive or Written Agreement, OWNER and CONTRACTOR expressly acknowledge and agree that said Change Order, Work Change Directive or Written Agreement provides for a fair and equitable adjustment in the Contract Price and/or Contract Times for the additions deletions or revisions in the Work as authorized by said Change Order, Work Change Directive or Written Agreement. OWNER and CONTRACTOR further expressly acknowledge and agree that claims for adiustments to the Contract Price and/or Contract Times covered by a Change Order, Work Change Directive or Written Agreement are not valid. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with ._paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 1 paragraphs 1 l .9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily _ in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall inert 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 r-etirtamei# benefits beatises applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with ' CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition) 24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor 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 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof --all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of ' them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work . for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee 1 proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. ' 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in ' connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the ' Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's 'principal or a branch office for general .administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the t CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at ' the site. 11.5.3. Any part of CONTRACTORS 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 11.4.5.9 above). I IEJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11:6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a f of fir,er-ent of the ameunt id . the a&it lower- tier- Subeentr-,,eter• 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 itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit -.to be allowed by,CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTORSs fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be OR SECTION 00020 INVITATION TO BID Date: June 1, 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 June 16, 2009, for the Poudre Trail Relocation at Kingfisher Point Natural Area; BID NO. 7043. 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 7043 Poudre Trail Relocation at Kingfisher Point Natural Area.to include construction of new 10' wide colored concrete trail, removal of existing 8' wide asphalt trail, removal of existing sub -grade material that includes sugar lime, earthwork, seeding, and restoration for any areas disturbed during construction. 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. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m., on June 10, 2009, at Training Room 2E, 215 North Mason, Fort Collins. Prospective Bidders are invited to present their questions relative. to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.js Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. Rev10/20/07 Section 00020 Page 1 determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances. 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 1 I if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 26 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result. of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or 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 percent of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects. Prompt notice of all defective Work of which OWNER or ENGINEER . have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work. 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work et reasenable time for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee. or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in 'connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period. 13.12.1.If within eHe yeas two Year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of erne yeas two Year after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work. 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of 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 ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and t 1 1 1 1 1 1 1 1 1 1 damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values. 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subiect to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship. By executing the application for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101 et sea. COATRACTOR'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 Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety 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. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 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 ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNEWs satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons. therefor. If ENGINEER EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 30 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on 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 OWNER's 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 Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 1 1 1 1 CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may 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 payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Proiect manual. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER. and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect to narawayh 17.6.2 of these General Conditions. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims. 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time 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 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; 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. CONTRACTOR May Stop Work or Terminate. 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any .1 sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16--DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS 1 Giving 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 last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person orproperty because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumuladve Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included. 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Agreement. Reference to two pertinent Colorado statutes are as follows, 17.6.1. Colorado Revised Statutes (CRS 8-17-101) require that Colorado labor be employed to perform the Work to the extent of not less than 80 percent (80%) of each twe or class of labor in the several classifications of skilled and common labor employed on the project. 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, age, religion or sex. 17.6.2. If a claim is filed, OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials team hire sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 subcontractors in or about the performance of the Work. Such funds must be withheld until said claims have been paid or such claims as filed have been withdrawn, such payment or withdrawal to be evidenced by filing with OWNER a receipt in full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than ninety (90) days following the date fixed for final settlement, as published in a public newspaper in accordance with the law, unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filed with the OWNER. At the expiration of such ninety (90) day period, OWNER shall pay to CONTRACTOR such moneys and funds as are not the subject of suit and hs pendens notices, and shall retain only sufficient funds to insure the payment of iudgements which may result from the suit. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 34 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) I(This page left blank intentionally.) J n 11 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 35 No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. ' Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. ' Sales.Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making ' authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or ' any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited ' City of Fort Collins 1 By James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director I Rev 10/20/07 Section 00020 Page 2 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 36 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ' EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR 1 DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and . 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -Al I EJCDC GFhT.RAI. CONDITIONS 1910-3 (1990 F,filiow GC -AI , %v/ CITY OF FORT COLLINS (`CODIFICATIONS IREV 9!941 SE I 11 ' SECTION 00800 SUPPLEMENTARY CONDITIONS r SECTION 00800 rSUPPLEMENTARY CONDITIONS Conditions of the Contract ' These SupplementaryConditions amend or supplement the General Conditions Pp t ons of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. - r4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: ' APPENDIX A GEOTECHNICAL ENGINEERING REPORT CACHE LA POUDRE TRAIL REALIGNMENT SOUTHWEST OF TIMBERLINE ROAD AND CACHE LA POUDRE RIVER 1 Terracon Project No. 20085057 August 19, 2008 Contractor may rely upon the accuracy of the technical data 1 contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. 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 11 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) . I 11 Rev 10/20/07 Section 00800 Page 2 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 1 LI 1 IRev 10/20/07 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. 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This section contains general requirements that are applicable to this project. 1.02 Description of Work A. The Contractor shall provide all labor, materials and equipment necessary to perform the work items indentified in the bid schedule. 1.03 City Furnished Materials A. None. 1.04 Conditions of Work A. Oualifications for Bidding: The Contractor must meet minimum qualifications as a condition for bidding the Work. In addition to any other stated requirements the Contractor must be an established single company for five (5) or more years. The Contractor must list a minimum of three (3) projects similar in scope and size, as well as provide the contact information for each of the referenced projects. Referenced project work shall specifically include construction of concrete paving and excavation work within a regulated floodplain, sub -grade stabilization, and general work in a river corridor environment. Providing contact information that is inaccurate or incomplete will disqualify the referenced project and may disqualify the bid from award. Please provide the following: Project Name: Owner: Timeline of Construction thru completion: Project Contact for Construction Reference: B. Area of Work: The Contractor shall confine his operations to the immediate work area. Material storage shall be confined to areas shown on the Drawings or designated by the City. C. Regulations: The Contractor shall comply with all applicable Federal, State, and local regulations pertaining to safety, traffic control, fire prevention, erosion control and environmental protection. D. Working Hours: The Contractor's working hours shall be between 7:00 a.m. and 5:00 p.m., with no work on weekends or Federal holidays, unless otherwise approved by the City. E. Material Storage: The Contractor's material and equipment storage site shall be limited to the area of the project site. The area shall be kept orderly and free of litter. 1.05 Project Cleanup A. The Contractor is responsible to maintain the construction site in a clean and orderly condition from the start of the project to completion. Daily cleanups are required. 1. The City may require Contractor to perform cleanup within 100 feet of the progress of the work and perform cleanup of the site daily prior to work stoppage. B. Store volatile wastes in covered containers and dispose off -site. 1. Provide on -site covered containers for the collection of waste materials, debris and rubbish. City of Fort Collins SECTION 01000 — PROJECT SUMMARY , Park Planning & Development Division Page 1 of 4 ' 2. Neatly store construction materials, such as concrete forms, when not in use. C. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams or waterways. D. At project completion the Contractor shall remove all equipment, materials, and debris from the site including toilets and dumpsters. Areas around work sites shall be cleaned with dirt and grass surfaces I raked clean of any slag from the Contractor's operations. Broom clean exterior paved surfaces. Remaining dirt and fill material shall be removed, or may be scattered, with the approval of the City. 1.06 Trash Removal A. All non -salvageable items and trash shall be hauled off the site and disposed of in accordance with applicable state and local regulations: Items shall be transported in tarp -covered or closed vehicles. Any materials dropped or blown off vehicles shall be picked up immediately by Contractor. 1.07 Verification of Dimensions ' A. The Contractor shall he responsible for the coordination and proper relation of the work. He shall field verify all dimensions and advise the City of any discrepancies prior to proceeding with that phase of the work. 1.08 Fire Hydrants A. Fire Hydrant Connections: City's permission is required for connection to fire hydrants. Only compatible adapters shall be utilized for hydrant connections. A gate valve shall be provided and installed by the Contractor between the hydrant and supply hoses to control flow. Connection shall include backflow protection. Temporary connections to fire hydrants shall he disconnected at the end of each working day. No quick closing valves such as plug or butterfly valves will he used. ' 1.09 Outages A. Utility outages necessitated by the work shall be requested in writing at least fifteen (15) working days I prior to the proposed outage. The request shall be directed to the City and shall stipulate the specific utility system(s) and circuits to be affected, the location of the work, the time at which the shutdown will occur, and the duration of the outage for each system. Outages shall be kept to a minimum both in number and in duration. Where multiple outages are required, as many outages as can be accurately scheduled shall he submitted as a group. 1.10 Fill Material A. Excess fill material, including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be hauled off the site and disposed of in accordance with applicable State and local regulations. B. Additional fill material, if required, shall be hauled to the site from off the site as a necessary part of ' the work. Material composition shall be subject to the requirements of the specifications. 1.11 Parking ' A. Parking of the Contractor's vehicles shall be restricted to an area designated by the City. 1.12 Telephone A. Business Telephone: At the beginning of construction, the Contractor shall provide the City with a telephone number at which the Contractor or his representative may be contacted at any time during regular working hours. The Contractor shall also provide a phone number for after -duty hours contact. ' City of Fort Collins SECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 2 of 4 1.13 Sanitary Provisions A. The Contractor shall provide temporary toilets for the use of construction personnel. Location, type, proposed maintenance, etc., shall be approved by the City prior to placing toilets. Temporary toilets shall be removed at the completion of construction and the adjacent area restored to the condition existing prior to the start of construction or as indicated on the plans. 1.14 Pollution Abatement A. Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne. Earth materials shall be covered, wetted or otherwise protected. Gravel, sand and concrete shall be contained within vehicles to prevent spillage. B. Prevent the deposit of dirt, mud or debris on improved streets and roads, and remove all should such deposition occur. C. Burning of any material on site is prohibited. D. Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils, bitumen, acids, or other harmful materials. Surface drainage from the construction site, which contains harmful amounts of sediment, shall not be allowed to drain onto adjacent areas. All grading shall be accomplished to allow sedimentation to settle out prior to flowing onto adjacent areas. E. Flushing of concrete trucks is allowed only at the project site or the designated contractor storage area, with the responsibility of control and cleanup resting with the Contractor. F. Toxic, corrosive and flammable materials for construction other than specified shall not be used without prior approval of the City of Fort Collins. When approved, disposal of these materials or their containers will be off site and conform to state and federal regulations. 1.15 Protection of Property A. Initiate, maintain and supervise necessary protection to prevent damage, injury or loss to: 1. The Work and materials and equipment to be incorporated in the project, whether in storage on or off the site: and 2. Property at the site or adjacent thereto, including fences, patios, driveways, sidewalks, pavement, trees, shrubs, lawns, walks, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. B. Maintain, protect, and support existing utilities and other appurtenances against damage by shoring, bracing, or other means. C. Do not stockpile excavated material against existing appurtenances. 1.16 Survey Requirements A. Contractor shall be responsible for construction staking necessary for proper and accurate completion of the work covered by this contract. The Contractor shall provide experienced instrument personnel, competent assistants, and such instruments, tools, stakes, and other materials required to complete the survey, layout, and measurement Work. Survey work shall be performed under the direction of a licensed professional surveyor in the State of Colorado. In addition, Contractor shall furnish, without charge, competent personnel and such tools, stakes, and other materials as Engineer may require in checking survey, layout, and measurement Work performed by the Contractor. B. All work shall be performed to the lines, grades, and elevations shown on the Drawings. When construction occurs within the following areas, corresponding tolerances are required. The installation will be acceptable to the Owner when these tolerances are met, with respect to the lines and grades. if the tolerances are not met, the Contractor shall be responsible for performing OWNER approved modifications to the facilities to bring the project components into tolerances. City of Fort Collins SECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 3 of 4 i� Description: Max. Permissible Deviation from Alignment and Elevation shown on Drawings: Horizontal location of concrete trail +/- 0.10 feet* Horizontal location of all walls & components N/A Vertical elevation of concrete trail finished grade 0.00 feet to (405 feet) Vertical elevation of all Walls & Components N/A Vertical elevation of other trail cross-section grading 0.00 feet to (405 feet) Vertical elevation of site grading, bank restoration, and bank protection N/A Steel Pilings alignment and height N/A * Unless trail is field located by Owner C. Contractor shall remove and reconstruct Work that is improperly located. Horizontal and vertical alignments shall be checked regularly as the Work progresses. Contractor shall report results to the Engineer. D. If the construction survey uncovers any discrepancies, the Contractor shall notify the Engineer, in ' writing, prior to construction proceeding. If the Contractor proceeds with work that includes apparent discrepancies without resolution by the Engineer, he assumes full responsibility for any subsequent necessary modifications. ' E. The Contractor must provide stamped sets of as -built drawings, per the contract, for approved verification. The as-builts must be stamped by a licensed professional surveyor in the State of Colorado. 1 1.17 Construction Superintendent A. The construction superintendent shall beat the job site anytime work is being accomplished by any of the trades per General Conditions including, but not limited to, Article 6. PART 2 - MATERIALS (Not Applicable) PART 3 - EXECUTION (Not Applicable) ' PART 4 - MEASUREMENT & PAYMENT (Not Applicable) IEND OF SECTION City of Fort Collins SECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 4 of 4 DIVISION 1 SECTION 01100 - SUMMARY OF WORK . PART 1-GENERAL 1.01 Description of Work A. The Poudre Trail Relocation (i� Kingfisher Point Natural Area includes construction of new 107 wide colored concrete trail, removal of existing 8' wide asphalt trail, removal of sugar lime subgrade material, earthwork, seeding, and restoration for any areas disturbed during construction. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. 1.02 Notices to Private Owners and Authorities A. Notify private owners of adjacent property, utilities, affected governmental agencies, and school district when execution of the work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior to excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items that would affect their daily operation. E. Several names and telephone numbers of potentially affected agencies and utilities in the area are listed below for Contractor's convenience. This may not be a comprehensive listing of agencies. Water - City of Fort Collins, Colorado 221-6681 Storm Sewer - City of Fort Collins, Colorado 221-6605 Sanitary Sewer - City of Fort Collins, Colorado 221-6681 Electrical - City of Fort Collins, Colorado 482-5922, 221-8553 Gas - Public Service Company of Colorado 482-5922, 221-8553 Telephone - QWest Communications 484-0300, 226-6310 Roads - City of Ft. Collins, Colorado 221-6815 Cable Television — AT&T Cable Services 493-7400 Utility Locates - One -call System 1-800-922-1987 Safety - Occupational Safety and Health Administration (OSHA) 844-3061 Fire - Poudre Fire Authority Non -Emergency 221-6581/ Emergency 911 Police - City of Fort Collins Police Department Non -Emergency 221-6550 / Emergency 911 Larimer County Sheriffs Department - Non -Emergency 221-7177 Postmaster - United States Postal Service 482-2837 Ambulance - Poudre Valley Hospital Non -Emergency 484-1227 / Emergency 911 Public Transportation — 'TransFort' 221-6620 Traffic Control - Traffic Engineering 221-6815 City of Fort Collins SECTION 01100 — SUMMARY OF WORK Park Planning & Development Division Page 1 of 2 ' PART 2 - MATERIALS (Not Used) ' PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) I END OF SECTION J li ' City of Fort Collins SECTION 01100 — SUMMARY OF WORK Park Planning & Development Division Page 2 of 2 DIVISION 1 SECTION 01160 — SITE CONDITIONS PART 1 - SITE INVESTIGATIONS AND REPRESENTATION 1.01 General Investigations A. 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, or similar physical conditions at the site; the conformation and conditions of the ground; the equipment and facilities needed preliminary to and during the execution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. 1.02 Soil Conditions A. 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. 1.03 Contractor Representation A. 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. PART 2 - INFORMATION ON SITE CONDITIONS 2.01 General 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. A. Differing Subsurface Conditions: 1. 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 Owner 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. City of Fort Collins SECTION 01160 — SITE CONDITIONS Park Planning & Development Division Pagel of 3 B. Underground Utilities: ' 1. Known utilities and structures adjacent to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records 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. PART 3 - CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE i3.01 General A. 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. ' B. 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. ' C. The Contractor shall protect all utility poles from damage. If interference of power poles, telephone poles, guy wires, or anchors is encountered, notify the Owner's Representative 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. ' D. 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. E. Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a ' F. result of the Contractor's failure to protect utilities encountered in the work. If the Contractor while performing the Contract discovers utility facilities not identified in the Drawings or Specifications, he shall immediately notify the Owners and the utility in writing. G. 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. In no case shall interruption of any water or utility service be allowed to exist outside working hours unless prior approval is granted. H. 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. 3.02 Interfering Structures ' A. Take necessary precautions to prevent damage to existing structures whether on the surface, aboveground, 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. F� City of Fort Collins SECTION 01160 — SITE CONDITIONS Park Planning & Development Division Page 2 of 3 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. I Rev 10/20/07 Section 00100 Page 1 3.03 Field Relocation A. 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 Owner's Representative. If existing structures are encountered that prevent the construction, and that are not properly shown on the Drawings, notify the Owner's Representative before continuing with the construction in order that the Owner's Representative may make such field revision as necessary to avoid conflict with the existing structures. If the Contractor shall fail to so notify the Owner's Representative when an existing structure is encountered, and shall proceed with the construction despite the interference, he shall do so at his own risk. 3.04 Easements A. Easements will be obtained by the Owner where portions of the work are located on public or private property. Easements will provide for the use of the property for construction purposes to the extent indicated within the easement agreements. 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 Owner's Representative, 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. B. 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. 3.05 Land Monuments A. The Contractor shall notify the Owner's Representative 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 Owner's Representative at least two (2) weeks in advance of the proposed construction in order that the Owner's Representative will have ample opportunity to notify the proper authority and reference these monuments for later replacement. END OF SECTION City of Fort Collins Park Planning & Development Division SECTION 01160 — SITE CONDITIONS Page 3 of 3 A. This section covers the methods employed in determining the payment due for work completed under ' this contract. B. The bid price should cover all work required by this contract based upon the quantities outlined in the bid form. ' C. Where actual quantities differ from those outlined in the bid form; unit prices as stipulated in the bid form shall be utilized to compute payment. D. Where unit prices are not set forth on specific work, that work shall be considered a subsidiary ' obligation of the Contractor. E. Quantities given in the bid form are estimates for the purpose of evaluating bids consequently some difference may arise in actual and bid quantities. ' 1.02 Lump Sum Prices A. Where lump sum (LS) prices are given for an item in the bid schedule or for items added during construction by change order, the price will include all materials, labor, overhead and any other cost incurred to complete the construction of the item in accordance with the plans and specifications. B. All unit prices for each item shall include its pro rata share of profits, taxes, and overhead, and are for the items installed in place, maintained and guaranteed. Including these factors, unit prices must accurately reflect actual costs. Unit prices are to be valid for the life of the contract. ' PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) ' END OF SECTION ' City of Fort Collins Park Planning & Development Division SECTION 01290 — MEASUREMENT AND PAYMENT Page 1 of 1 DIVISION 1 SECTION 01300 — COORDINATION AND PROJECT MEETINGS PART 1 - GENERAL 1.01 General A. In order to provide for an orderly progression of work, all parties involved in the construction will meet at various times during the project to discuss pertinent items regarding the work. B. Coordinate operations under contract in a manner that will facilitate progress of the Work. C. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations that affect the service of such utilities, agencies, or public safety. 1.02 Conferences A. The pre -construction conference will be held at a time to be determined by the Owner, after the awarding of the Contract and prior to the issuance of the Notice to Proceed. The meeting will involve the Owner, the Engineer, the Contractor, subcontractors and representatives of utilities and other properties that will be directly affected by the work. The Contractor will have a complete construction schedule ready for review at the time of the pre -construction conference. B. Hold conferences for coordination of the Work when necessary. C. The City may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1.03 Progress Meetings A. Contractor and the City shall schedule and hold regular progress meetings at least weekly and at other times as requested by the City or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent 2. Owners Representative 3. Landscape Architect 4. Others as may be requested by contractor, Landscape Architect or Owner C. Minimum Agenda shall include: 1. Review of work progress since last meeting 2. Identification and discussion of problems affecting progress 3. Review of any pending change orders 4. Revisions of Construction Schedule as appropriate 1.04 Job Site Administration A. Contract administration and construction observation services will be provided by the Owner. The Owner will make decisions regarding changes in the work and adjustments in contract quantities and/or unit prices. END OF SECTION City of Fort Collins SECTION 01300 — COORDINATION AND PROJECT MEETINGS , Park Planning & Development Division Page 1 of 1 SECTION 01310 - CONSTRUCTION SCHEDULES PART 1 - GENERAL 1.01 General A. It is the intent of the Owner to begin construction as soon as possible after the opening of the bid. The signing of the contract and issuance of a Notice to Proceed will be completed promptly to accomplish that objective. The Notice to Proceed will authorize the Contractor to begin projectadministration and construction work on the site. Construction work shall not begin on site prior to the pre -construction conference. B. The Contractor shall complete all work, including cleanup of the site by "Substantial Completion" date, specified in the Agreement, subject to the "Liquidated Damages" provision described under "Instructions to Bidders." C. Delays during project contract period outside control of the Contractor are subject to time extension consideration but not financial compensation unless such delay is significant enough to reasonably require Owner initiated work suspension (demobilization) as determined in the field by the Owner at the time of occurrence. See Paragraph 1.04 for requirements for modifying the Contract Time due to weather delays. D. Contractor shall plan and schedule his own work effort (personnel, equipment and material) to . complete the project satisfactorily within the project time limits. Such schedule shall be in general conformance with the schedule submitted at the pre -construction conference. This includes the requirement that the Contractor conduct his operations to enable a shift of work effort from one part of the project to another to reasonably accommodate unexpected delays, and to conduct his daily operations so as to not create a public nuisance including but not limited to access or traffic obstruction, dust and mud generation, work outside of construction limits, noise, unsatisfactory cleanup or site restoration, unacceptable equipment/materials staging, flooding, etc. No work is to begin at the site until Citv's acceptance of the Construction Schedule. E. Contractor shall prepare and submit a Critical Path Method (CPM) schedule. The schedule shall show all work completed within the contract time and shall cover the time from the date of Notice to Proceed to the completion date. Contractor shall use Microsoft Project 2000 or approved equivalent to develop and manage the CPM schedule. F. Schedule shall include milestones that demonstrate the Contractor's approach to completing the project within project time limits. Milestones shall be of sufficient number to indicate regular progress of work and shall identify major components of the work. Milestones are subject to Owner approval prior to work beginning at the site. If Contractor fails to meet a milestone, contractor shall submit an updated schedule subject to Owner approval and demonstrate how the remaining milestones will be met. The Owner may order work shut down or suspended for nonconformance with the approved schedule (See Paragraph'G. below) G. Milestones (minimum required items) H. The Contractor may voluntarily shut down or suspend work due to conditions beyond his control provided a minimum of 24 hours notice is provided to the Owner together with the reasons for subject suspension of work. The Contractor shall leave the project conditions in such a way so as not to cause a public nuisance or a threat to public safety. Neither remobilization costs nor additional time will be allowed for such suspension unless agreed to in writing in advance. I. The Owner or Engineer may order work shut down or suspended for such nonconformance issues as unsafe conditions, nonconformance with schedule, cause of public nuisance, unnecessary private property disturbance, materials and labor unsuited to the task, nonconformance to technical specifications, failure to comply with permits, etc. The Owner or Engineer will give a written warning to the Contractor with a specified deadline during which time the Contractor shall remedy the cause(s) described on the warning. Failure to do so shall justify the Owner or Engineer to order work shut down City of Fort Collins — Soft Gold Park Park Planning & Development Division SECTION 01310 — CONSTRUCTION SCHEDULES Page 1 of 4 or suspended. Such shutdown will not be compensated by cost reimbursement or time schedule adjustment. J. Failure to promptly execute the approved schedule in the judgment of the Owner will result in a written warning submitted to the Contractor explaining the specific compliance needed. Failure of the Contractor to remedy the noted items may be considered a breach of contract possibly leading to work shutdown for cause or contract termination. 1.02 Format and Submissions A. Prepare Construction and Procurement schedules in a graphic format suitable for displaying schedule and actual progress. B. Submit two copies of each schedule to owner for review. Owner will return one copy to contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. 1.03 Progress Revisions A. A schedule update shall be submitted to the Owner at each weekly progress meeting that will reflect work performed in the previous week and the upcoming two-(2) weeks. Schedule updates shall not change any Contract times. B. A complete schedule update shall be submitted with each application for progress payment. C. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. D. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of other work. 1.04 Modifications to Time of Completion in the Approved Schedule A. The date of beginning and the times for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates a "Normal" weather and climate condition in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. B. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. City of Fort Collins — Soft Gold Park SECTION 01310 — CONSTRUCTION SCHEDULES Park Planning & Development Division Page 2 of 4 IMonthly Anticipated Calendar Days Lost to Adverse Weather Conditions U JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays excluded) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Construction Coordinator in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in determining the number of working days for which work was delayed during each month. C. At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of workdays delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. D. The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather - dependent activities. E. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the ' Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. F. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. ' G. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 1. To any preference, priority, or allocation order duly issued by the Owner. 2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above; and 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. I - City of Fort Collins — Soft Gold Park SECTION 01310 — CONSTRUCTION SCHEDULES Park Planning & Development Division Page 3 of 4 1 1.05 City's Responsibility A. City's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences, and procedures of construction as provided in the General Conditions. PART 2 - MATERIALS (Not Applicable) PART 3 - EXECUTION (Not Applicable) PART 4 - MEASUREMENT & PAYMENT (Not Applicable) END OF SECTION City of Fort Collins — Soft Gold Park SECTION 01310 — CONSTRUCTION SCHEDULES Park Planning & Development Division Page 4 of 4 1 I I u SECTION 01330 — SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART 1 - GENERAL 1.01 Shop Drawings A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not a Shop Drawing. B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates, and similar Drawings. Include the following information: 1. Dimensions. 2. Identification of products and materials included by sheet and detail number. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 24 by 36 inches. 7. Submittal: Submit 3 blue- or black -line prints and 2 additional prints where required for maintenance manuals, plus the number of prints needed by the Contractor for distribution. The Owner's Representative will retain 2 prints and return the remainder. a. One of the prints returned shall be marked up and maintained as a "Record Document." 8. Do not use Shop Drawings without an appropriate final stamp indicating action taken. 1.02 Product Data A. Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information, such as manufacturer's installation instructions, catalog cuts, standard color charts, roughing -in diagrams and templates, standard wiring diagrams, and performance curves. 1. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products that are not required, mark copies to indicate the applicable information. Include the following information: a. Manufacturer's printed recommendations. b. Compliance with trade association standards. c. Compliance with recognized testing agency standards. d. Application of testing agency labels and seals. e. Notation of dimensions verified by field measurement. f. Notation coordination requirements. 2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed. 3. Preliminary Submittal: Submit a preliminary single copy of Product Data where selection of options is required. 4. Submittals: Submit 2 copies of each required submittal; submit 4 copies where required for maintenance manuals plus additional copies as needed by the Contractor for distribution. The City of Fort Collins SECTION 01330 — SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Park Planning & Development Division Page 1 of 3 Owner will retain one and will return the other marked with action taken and corrections or modifications required. 5. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. Show distribution on transmittal forms. a. Do not proceed with installation until a copy of Product Data is in the Installer's possession. b. Do not permit use of unmarked copies of Product Data in connection with construction. 1.03 Samples A. Submit full-size, full -fabricated Samples cured and finished as specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern. 1. Mount or display Samples in the manner to facilitate review of qualities indicated. Include the following: a. Specification Section number and reference. b. Generic description of the Sample. c. Sample source. d. Product name or name of the manufacturer. e. Compliance with recognized standards. f. Availability and delivery time. 2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples for a final check of these characteristics with other elements and a comparison of these characteristics between the final submittal and the actual component as delivered and installed. a. Where variation in color, pattern, or other characteristic is inherent in the material or product represented, submit at least 3 multiple units that show approximate limits of the variations. b. Refer to other Specification Sections for requirements for Samples that illustrate workmanship, fabrication techniques, details of assembly, connections, operation, and similar construction characteristics. c. Refer to other Sections for Samples to be returned to the Contractor for incorporation in the Work. Such Samples must be undamaged at time of use. On the transmittal, indicated special requests regarding disposition of Sample submittals. d. Samples not incorporated into the Work, or otherwise designated as the Owner's property, are the property of the Contractor and shall be removed from the site prior to Substantial Completion. 3. Preliminary Submittals: Submit a full set of choices where Samples are submitted for selection of color, pattern, texture, or similar characteristics from a range of standard choices. The Owner will review and return preliminary submittals with the Owner's notation, indicating selection and other action. 4. Submittals: Except for Samples illustrating assembly details, workmanship, fabrication techniques, connections, operation, and similar characteristics, submit 3 sets. The Owner will return one set marked with the action taken. 5. Maintain sets of Samples, as returned, at the Project Site, for quality comparisons throughout the course of construction. a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. b. Sample sets may be used to obtain final acceptance of the construction associated with each set. City of Fort Collins SECTION 01330 — SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Park Planning & Development Division Page 2 of 3 1 I I I B. Distribution of Samples: Prepare and distribute additional sets to subcontractors, manufacturers, fabricators, suppliers, installers, and others as required for performance of the Work. Show distribution on transmittal forms. 1.04 Quality Assurance Submittals A. Submit quality -control submittals, including design data, certifications, manufacturer's instructions, manufacturer's field reports, and other quality -control submittals as required under other Sections of the Specifications. B. Certifications: Where other Sections of the Specifications require certification that a product, material, or installation complies with specified requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements. 1. Signature: an officer of the manufacturer or other authorized individual shall sign Certification documents. C. Inspection and Test Reports: Requirements for submittal of inspection and test reports from independent testing agencies are specified in Division I Section "Quality Control and Testing," and in the applicable technical specifications. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION City of Fort Collins Park Planning & Development Division SECTION 01330 — SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Page 3 of 3 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 Rev 10/20/07 Section 00100 Page 2 .DIVISION SECTION 01340 - SURVEY DATA PART 1 - GENERAL 1.01 Survey Requirements A. Contractor is responsible for the layout of the Work. The City will not provide surveying. B. Base all measurements, both horizontal and vertical, on established control points. Verify all established control points at site prior to laying out the work. C. Perform layout of the Work with qualified personnel. 1. Minimum paved areas layout requirements: concrete trail; per line & curve tables, at all spot elevations and at grade changes, changes in horizontal alignment, and at 25-feet stations along the sidewalk centerline and at all cross -sections. D. All field books, notes, and other data developed by Contractor in performing surveys required by the Work will be available to City for examination throughout the construction period. 1.02 Submittals A. Submit to City all survey data with other documentation required for final acceptance. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01340 — SURVEY DATA Park Planning & Development Division Page 1 of 1 SECTION 01450 - QUALITY CONTROL AND TESTING PART 1 - GENERAL 1.01 General A. Provide such equipment and facilities as the City may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product that becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the OWNER. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM), and the American Association of Highway and Transportation Officials (AASHTO). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.02 City's Responsibilities A. City of Fort Collins shall be responsible for and shall pay all costs in connection with the following testing: ' 1. Soils compaction tests. 2. Trench & Structural backfill. 3. Pipe and structural bedding. 4. Tests not called for by the Specifications of materials delivered to the site. 5. Concrete, mortar and grout tests. 6. Pavement tests 1,03 Contractor's Responsibilities A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All re -testing for Work or materials found defective or unsatisfactory, including tests covered by 1.02 above. 3. Testing of pipe. 4. Vacuum testing of manholes. 5. Concrete materials and mix designs. 6. Asphalt materials and mix designs 7. Gradation tests for embedment, fill and backfill materials. City of Fort Collins SECTION 01450 — QUALITY CONTRO L AND TESTING Park Planning & Development Division Page 1 of 2 8. Material Substitution - any test for basic material or fabrication of equipment offered as a substitution for a specified item on which a test may be required in order to prove it compliant with the specifications. Nothing contained herein is intended to imply that the Contractor does not have the right to have tests performed on any material at any time for his/her own information and job control so long as the Owner does not assume responsibility for the cost or for giving them consideration when appraising quality materials. 1.04 Transmittal of Test Reports A. Submit 2 copies of each report of tests and engineering data furnished by the Contractor for City Representative's review. The Owner's Representative will retain one and will return the other marked with action taken and corrections or modifications required. B. The testing laboratory retained by the OWNER 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 City Representative and one (1) copy to the Contractor within seven (7) days after each test is completed. 1.05 Contractor's Quality Control System A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the City. Contractor's control system shall specifically include all testing required by the various sections of the Specifications. B. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. C. Records: maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the City and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to City in a reasonable time. D. Pipe alignment and grade is to be maintained through the use of suitable surveying instruments or laser equipment operated continuously during construction. Horizontal tolerances of+ 0.3 feet and vertical tolerances of + 0.1 feet maximum deviation from plan and construction staking are to be maintained, except that visible "snaking" of the horizontal alignment and changes in directions of slope will not be permitted. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins Park Planning & Development Division SECTION 01450 — QUALITY CONTROL AND TESTING Page 2 of 2 DIVISION,1AT SECTION 01500 - TEMPORARY CONTROLS 1.01 Noise Control A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.02 Dust Control A. Dusty materials in piles or in transit shall be covered to prevent blowing. B. Earth and'road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.03 Pollution Control A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.04 Erosion Control A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sandbags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be 1 increased due to construction activities. B. Preserve natural vegetation to the greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. i. END OF SECTION 1 City of Fort Collins SECTION 01500 — TEMPORARY CONTROLS Park Planning & Development Division Page 1 of 1 DIVISION 1 SECTION 01510 - TEMPORARY UTILITIES PART 1 - GENERAL 1.01 Utilities A. Furnish all utilities necessary for construction including, but not limited to temporary electric power and pay all cost associated with utilities during and used for the contract period. All temporary utilities installation shall meet the construction safety requirements of OSHA, State and local governing agencies. 1.02 Water A. Contractor is responsible for obtaining water for construction and shall pay all costs associated with establishing a temporary meter used during construction. 1.03 Sanitary Facilities A. Furnish temporary sanitary facilities at the site in the vicinity of the construction for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure sanitary facilities from public view to the greatest extent practical. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01510 - TEMPORARY UTILITIES Park Planning & Development Division Page 1 of 1 DIVISION 1. . SECTION 01570 - TRAFFIC CONTROL PART 1 - GENERAL 1.01 General A. Traffic Control necessary to complete the project as depicted in the plans and specifications will be provided by the Contractor and will not be paid for separately. B. The Contractor must submit traffic control plans and coordinate all traffic control with the City's Traffic Control Coordinator as well as any other agencies with R.O.W. jurisdiction. The traffic control plans must be submitted and approved 72 hours prior to starting construction and before making each modification. C. Conformance: City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Dept. of Transportation), or applicable statutory requirements of authority having jurisdiction. D. Limited closures may be permitted for short periods up to three days to allow installation of concrete j pavement. Closures must be requested and approved 72 hours prior to anticipated closure. E. Limited alternating one-way traffic operation may be permitted during the hours from 9:00 A.M. to 3:30 P.M. One-way traffic operation must be requested and approved 72 hours prior to anticipated F. operation. At all times, Contractor must maintain two-way traffic with a minimum of one lane of traffic in each direction. Limited closures may be allowed. G. The Contractor must coordinate with adjacent residents to provide and maintain them sufficient access during the duration of the project. It will be the Contractor's responsibility to coordinate and communicate with the residents during construction. H. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. I. Keep fire hydrants and utility control devices free from obstruction and available for use at all times. J. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. K. Provide and maintain temporary approaches or crossings at streets, businesses, and residences. L. Keep roads open and in acceptable condition, unless closure or detour has been approved by City's Traffic Control Coordinator 72 hours prior to closure or detour. M. Define a temporary pedestrian access route for children coming from the surrounding neighborhoods. 1 This pedestrian access route shall be located outside of the project limits. The pedestrian access route shall be kept free of excavated material, construction equipment, pipe, and other materials. 1.02 Traffic Control Plan A. Submit a detailed traffic control plan to Traffic Control Coordinator for review and acceptance. Plan must be accepted 72 hours prior to work commencing at the site. Maintain the accepted plan throughout all phases of construction. Provide copy to Owner prior to submittal. 1. Notify police, sheriff, ambulance services, and fire authorities of traffic control plan and the schedule of it. Distribute copies if requested. City of Fort Collins SECTION 01570 - TRAFFIC CONTROL Park Planning & Development Division Page 1 of 2 1.03 Flaggers A. Required where necessary to provide for public safety, or the regulation of traffic, or by jurisdictional authorities. B. Shall be properly equipped and licensed. 1.04 Warning Signs and Lights A. Provide suitable barricades and warning signs for: 1. Open trenches and other excavations. 2. Obstructions, such as material piles, equipment, piled embankment. B. Illuminate by means of warning lights all barricades and obstructions from sunset to sunrise. C. Protect roads and driveways by effective barricades on which are placed acceptable warning signs. 1.05 Parking A. Provide suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project so as to avoid interference with private property, public traffic, City's operations, or construction activities. Such parking shall occur on the project site or another suitable location, approved by the City. 1.06 Roadway Usage between Operations A. At all times when Work is not actually in progress, Contractor shall make passable and shall open to traffic such portions of the Project and temporary roadways or portions thereof as may be agreed upon between Contractor and City and all authorities having jurisdiction over any properties involved. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01570 - TRAFFIC CONTROL Park Planning & Development Division Page 2 of 2 1 1 I] 1, 5. Owner's Action: The Owner will respond in writing to Contractor within 2 weeks of receipt of the completed product list. No response within this period constitutes no objection to listed manufacturers or products, but does not constitute a waiver of the requirement that products comply with Contract Documents. The Owner's response will include a list of unacceptable product selections, containing a brief explanation of reasons for this action. 1.05 Quality Assurance A. Source Limitations: To the fullest extent possible, provide products of the same kind from a single source. B. Compatibility of Options: When the Contractor is given the option of seeking between 2 or more products for use on the Project, the product selected shall be compatible with products previously selected, even if previously selected products were also options. . C. Foreign Product Limitations: Except under one or more of the following conditions provide domestic products, not foreign products, for inclusion in the Work: 1. Not available domestic product complies with the Contract Documents. 2. Domestic products that comply with the Contract Documents are available only at prices or terms substantially higher than foreign products that comply with the Contract Documents. 1.06 Product Delivery, Storage and Handling A. Delivery, store, and handle products according to the manufacturer's recommendations, using means and methods that will prevent damage, deterioration, and loss, including theft. 1. Schedule delivery to minimize long-term storage at the site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to assure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Delivery products to the site in an undamaged condition in the manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products upon delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. 5. Store products at the site in a manner that will facilitate inspection and measurement of quantity or counting of units. 6. Store heavy materials away from the Project structure in a manner that will not endanger the supporting construction. ' 7. Store products subject to damage by the elements above ground, under cover in a weather -tight enclosure, with ventilation adequate to prevent condensation. PART 2 - PRODUCTS 2.01 Product Selection A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise indicated, new at the time of installation. B. Product Selection procedures: The Contract Documents and governing regulations govern product selection. Procedures governing product selection include the following: 1. Proprietary Specification Requirements: Where Specifications name only a single product or manufacturer, provide the product indicated. No substitutions will be permitted. 2. Semiproprietary Specification Requirements: Where Specifications name 2 or more products or manufacturers or where Specifications specify products or manufacturers by name, accompanied by the term "or equal" or "or approved equal," provide one of the products listed or comply with City of Fort Collins Park Planning & Development Division SECTION 01600 — MATERIALS AND EQUIPMENT Page 2 of 3 the Contract Document provisions concerning "substitutions" or obtain approval for use of an unnamed product. 3. Nonproprietary Specification Requirements: When Specifications list products or manufacturers that are available and may be incorporated in the Work, but do not restrict the Contractor to use these products only, the Contractor may propose any available product that complies with Contract requirements. Comply with Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. 4. Descriptive Specification Requirements: Where Specifications describe a product or name, provide a product or assembly that provides the characteristics and otherwise complies with Contract requirements. 5. Compliance with Standards, Codes, and Regulations: Where Specifications only require compliance with an imposed code, standard, or regulation, select a product that complies with the standards, codes, or regulations specified. 6. Visual Matching: Where Specifications require matching an established Sample, the Owner's decision will be final on whether a proposed product matches satisfactorily. 7. Visual Selection: Where specified product requirements include the phrase "... as selected from manufacturer's standard colors, patterns, textures..." or a similar phrase, select a product and manufacturer that complies with other specified requirements. The Owner will select the color, pattern, and texture from the product line selected. PART 3 - EXECUTION 3.01 Installation of Products A. Comply with manufacturer's instructions and recommendations for installation of products in the applications indicated. Anchor each product securely in place, accurately located and aligned with other Work. END OF SECTION City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 3 of 3 DIVISION,1 f J i iS F f f 3 ! SECTION 01700 — CONTRACT CLOSEOUT PART 1 —GENERAL 1.01 Related Documents A. Drawings and general provisions of the Contract, including general and supplementary conditions and other Division 1 specification sections, apply to this section. 1.02 Summary A. This Section includes administrative and procedural requirements for contract closeout including, but not limited to, the following: 1. Inspection procedures. ' 2. Project record document submittal. 3. Operation and maintenance manual submittal. I 4. Submittal of warranties. 5. Final cleaning. B. Closeout requirements for specific construction activities are included in the appropriate Sections in Divisions 2 through 16. 1.03 Substantial Completion 1 A. Preliminary Procedures: Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. 1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. 2. Advise the Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and similar documents. 4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Submit record drawings, maintenance manuals, final project photographs, damage or settlement surveys, property surveys, and similar final record information. 6. Deliver tools, spare parts, extra stock, and similar items. 7. Make final changeover of permanent locks and transmit keys to the Owner. Advise the Owner's 8. personnel of changeover in security provisions. Complete startup testing of systems and instruction of the Owner's operation and maintenance personnel. Discontinue and remove temporary facilities from the site, along with mockups, ' 9. construction tools, and similar elements. Complete final cleanup requirements, including touchup painting. 10. Touch up and otherwise repair and restore marred, exposed finishes. City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 1 of 5 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 Ifurnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. ' 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. ' 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should ' be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as ' deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY ' 6.1. Each Bid must be accompanied by Bid -Security made in the amount stated in the Invitation to Bid. The payable to OWNER 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. Rev 10/20/07 Section 00100 Page 3 B. Inspection Procedures: On receipt of a request for inspection, the Owner will either proceed with inspection or advise the Contractor of unfilled requirements. The Owner will prepare the Certificate of Substantial Completion following inspection or advise the Contractor of construction that must be completed or corrected before the certificate will be issued. 1. If the Owner's Representative determines that the work is not substantially complete at the time of review or that deficiencies remain at time of compliance review, the Contractor shall pay for the additional review(s) by Owner's Representative. 2. Results of the completed inspection will form the basis of requirements for final acceptance. 1.04 Status after Substantial Completion A. The date of substantial completion marks the beginning of the maintenance period defined in Section 02970 — Planting Maintenance. B. During maintenance period, the following conditions hold: 1. Insurance: Same as during construction. 2. Electricity and Irrigation Water: Supplied by Owner, as installed by Contractor under this contract. 3. Bonds: Remain in effect. 4. Retainage: Same as during construction. 1.05 Final Acceptance A. Preliminary Procedures: Before requesting final inspection for certification of final acceptance and final payment, complete the following. List exceptions in the request. 1. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include insurance certificates for products and completed operations where required. 2. Submit an updated final statement, accounting for final additional changes to the Contract Sum. 3. Submit a certified copy of the Owner's final inspection list of items to be completed or corrected, endorsed and dated by the Owner. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance and shall be endorsed and dated by the Owner. 4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the date of Substantial Completion or when the Owner took possession of and assumed responsibility for corresponding elements of the Work. 5. Submit consent of surety to final payment. 6. Submit a final liquidated damages settlement statement. 7. Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. Reinspection Procedure: The Owner will reinspect the Work upon receipt of notice that the Work, including inspection list items from earlier inspections, has been completed, except for items whose completion is delayed under circumstances acceptable to the Owner. 1. Upon completion of reinspection, the Owner will prepare a certificate of final acceptance. If the Work is incomplete, the Owner will advise the Contractor of Work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, reinspection will be repeated. 1.06 Record Document Submittals A. General: Do not use record documents for construction purposes. Protect record documents from deterioration and loss in a secure, fire-resistant location. Provide access to record documents for the Owner's reference during normal working hours. City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning R Development Division Page 2 of 5 B. Record Drawings: Maintain a clean, undamaged set of blue or black line whitep rints of Contract Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark which drawing is most capable of showing conditions fully and accurately. Where Shop Drawings are used, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Mark record sets with red erasable pencil. Use other colors to distinguish between variations in separate categories of the Work. 2. Mark new information that is important to the Owner but was not shown on Contract Drawings or 1 Shop Drawings. 3. Note related change -order numbers where applicable. 4. Organize record drawing sheets into manageable sets. Bind sets with durable -paper cover sheets; print suitable titles, dates, and other identification on the cover of each set. 5. Prior to Contract Closeout, obtain from the Owner a reproducible Mylar copy of the Drawings. Using technical drafting pen, duplicate information contained on the Record Drawings maintained on site. ' Label each sheet "Record Drawing." On the first sheet, the Contractor or resident Superintendent shall execute the following statement: 1 "Having reviewed this document and all attachments, I affirm that, to the best of my knowledge, the information presented here is true and accurate." Signed: Date: IPosition C. Record Specifications: Maintain one complete copy of the Project Manual, including addenda. Include with the Project Manual one copy of other written construction documents, 'such as Change Orders and modifications issued in printed form during construction. 1. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. 2. Give particular attention to substitutions and selection of options and information on concealed construction that cannot otherwise be readily discerned later by direct observation. 3. Note related record drawing information and Product Data. 4. Upon completion of the Work, submit record Specifications to the Owner. D. Record Product Data: Maintain one copy of each Product Data submittal. Note related Change Orders and markup of record drawings and Specifications. 1. Mark these documents to show significant variations in actual Work performed in comparison with information submitted. Include variations in products delivered to the site and from the manufacturer's installation instructions and recommendations. 2. Give particular attention to concealed products and portions of the Work that cannot otherwise be readily discerned later by direct observation. 3. Upon completion of markup, submit complete set of record Product Data to the Owner. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of Work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order. Identify City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 3 of 5 miscellaneous records properly and bind or file, ready for continued use and reference. Submit to the Owner. F. Maintenance Manuals: Organize operation and maintenance data into suitable sets of manageable size. Bind properly indexed data in individual, heavy-duty, 2-inch (51-mm), 3-ring, vinyl -covered binders, with pocket folders for folded sheet information. Mark appropriate identification on front and spine of each binder. Include the following types of information: 1. Emergency instructions. 2. Spare parts list. 3. Copies of warranties. 4. Wiring diagrams. 5. Recommended "turn -around" cycles. 6. Inspection procedures. 7. Shop Drawings and Product Data. 8. Fixture lamping schedule. 1.07 Warranties and Bonds A. Provide duplicate notarized copies. Maintain copies of all Contractor's submittals and assemble documents executed by subcontractors, suppliers, and manufacturers. Provide table of contents and assemble in binder with durable plastic cover. B. Submit material prior to final application for payment. For items of Work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.08 Final Payment A. At the end of maintenance period, submit written certification that Contract Documents Work has been reviewed and that Work is complete in accordance with Contract Documents and ready for Owner Representative's review. B. In addition to submittals required by the conditions of the Contract provide submittals required by governing authorities, and submit a final statement of accounting giving total adjusted Contract Sum, previous payments and sum remaining due. C. Owner's Representative will issue a final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order. D. Retainage will be held until advertisement for liens and encumbrances is completed. PART 2 — PRODUCTS (Not Applicable) PART 3 — EXECUTION 3.01 Closeout Procedures A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular maintenance to meet with the Owner's personnel to provide instruction in proper operation and maintenance. Provide instruction by manufacturer's representatives if installers are not experienced in operation and maintenance procedures. Include a detailed review of the following items: 1. Maintenance manuals. 2. Record documents. 3. Spare parts and materials. 4. Tools. 5. Lubricants. 6. Fuels. 7. Identification systems. 8. Control sequences. 9. Hazards. City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 4 of 5 1] DIVISION 1' f,} SECTION 01600 — MATERIALS AND EQUIPMENT PART 1 - GENERAL 1.01 Related Documents A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and 1 other Division 1 Specification Sections, apply to this Section. 1.02 Summary ' A. This Section includes administrative and procedural requirements governing the Contractor's selection of products for use in the Project. 1 1.03 Definitions A. Definitions used in this Article are not intended to change the meaning of other terms used in the Contract Documents, such as "specialties," "systems," "structure," "finishes," "accessories," and similar terms. Such terms are self-explanatory and have well -recognized meanings in the construction industry. 1. "Products" are items purchased for incorporation in the Work, whether purchased for the Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "systems," and terms of similar intent. 2. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined, or otherwise fabricated, processed, or installed to form a part of the Work. r3. "Equipment" is a product with operational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping. 1.04 Submittals A. Product List: Prepare a list showing products specified in tabular form acceptable to the Owner. Include generic names of products required. Include the manufacturer's name and proprietary product names for each item listed. 1. Coordinate product list with the Contractor's Construction Schedule and the Schedule of 1 Submittals. 2. Form: Prepare product list with information on each item tabulated under the following column headings: a. Related Specifications Section number. b. Generic name used in Contract Documents. C. Proprietary name, model number, and similar designations. d. Manufacturer's name and address. e. Supplier's name and address. f. Installer's name and address. g. Projected delivery date or time span of delivery period. r3. Initial Submittal: Within 30 days of date commencement of the Work, submit 3 copies of an initial product list. Provide a written explanation of omissions of data and for known variations from Contract requirements. ' 4. Complete List: Within 60 days after date of commencement of the Work, submit 3 copies of the completed product list. Provide a written explanation for omissions of data and for known variations from Contract requirements. iCity of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 1 of 3 10. Cleaning. 11. Warranties and bonds. 12. Maintenance agreements and similar continuing commitments. B. As part of instruction for operating equipment, demonstrate the following procedures: 1. Startup. 2. Shutdown. 3. Emergency operations. 4. Noise and vibration adjustments. 5. Safety procedures. 6. Economy and efficiency adjustments. 7. Effective energy utilization. 3.02 Final Cleaning A. General: The General Conditions require general cleaning during construction. Regular site cleaning is included in Division 1. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, commercial building cleaning and maintenance program. Comply with manufacturer's instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion. C. Removal of Protection: Remove temporary protection and facilities installed for protection of the Work during construction. 1. Remove labels that are not permanent labels. 2. Clean transparent materials, including mirrors and glass in doors and windows. 3. Clean exposed exterior and interior hard -surfaced finishes to a dust -free condition, free of stains, films, and similar foreign substances. Restore reflective surfaces to their original condition. Leave concrete floors broom clean. 4. Wipe surfaces of mechanical and electrical equipment. Remove excess lubrication and other substances. Clean plumbing fixtures to a sanitary condition. Clean light fixtures and lamps. 5. Clean the site, including landscape development areas, of rubbish, litter, and other foreign substances. Sweep paved areas broom clean; remove stains, spills, and other foreign deposits. Rake grounds that are neither paved nor planted to a smooth, even -textured surface. D. Compliance: Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from the site and dispose of lawfully. 1. Where extra materials of value remain after completion of associated Work, they become the Owner's property. Dispose of these materials as directed by the Owner. END OF SECTION 01700 City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 5 of 5 SECTION 01800 — DEFINITION OF BID ITEMS The following items describe the scope of work for this contract and are further clarified through limit -of -work boundary notes on the drawings and specifications. The work described in each Bid Item may contain work from one or several technical specification sections. Contractor shall refer to the technical specifications that apply to the individual components. Bid Item 1 — Mobilization This work includes the mobilization of personnel, equipment and supplies at the project site in preparation for work on the project, as well as the establishment of the Contractor's offices, buildings and other necessary facilities, and all other costs incurred or labor and operations which must be performed prior to beginning the other items under the Contract. This item shall also include marshalling, disassembly and security of all items indicated on the plans or specifications. Payment will be made as Work progresses. Payment for this item will follow in accordance with CDOT Standard Specifications for Road and Bridge Construction, Section 626. The total amount for mobilization shall not exceed five percent (5%) of the total bid. Bid Item 2 — Traffic Control Contractor shall furnish all labor, materials and equipment for completion of approved traffic control plan(s) by a City of Fort Collins approved Traffic Control Company. This includes furnishing, installing, and maintaining traffic control for the duration of the trail project. The trail must remain open during construction. Bid Item 3 — Erosion Control Contractor shall install and maintain erosion control items during construction in accordance with the Drawings and Specifications including, but not limited to Sections 101 and 208 of the most current CDOT Road & Bridge Construction Manual, construction entrance, silt fence, concrete washout, bales, etc. A State Health Department "Fugitive Dust" permit may be required and will be the Contractor's responsibility to obtain. All costs, of any kind, for dust control will be associated with this item ONLY. Contractor should have a water truck available at ALL ' TIMES in order to address immediate response needs for dust control. Dust control requirements will be strictly enforced. Bid Item 4 — Surveying ' Contractor shall furnish a professional land surveyor, licensed in the State of Colorado for construction staking and for AS -BUILT verification of grades as stated in the specifications and drawings including, but not limited to, Section 01000, 1.16. Contractor shall submit a schedule of values for all surveying to be performed in accordance with the Drawings and Specifications prior to the preconstruction conference. Bid Item 5 — Temporary Fence — Limits of Disturbance Contractor shall furnish all labor, materials, and equipment for the installation, maintenance, and removal of temporary fencing along all limits of disturbance as shown of the drawings. Temporary fencing shall consist of metal "T"-posts installed at all corners and spaced no greater than 50' apart with a single smooth wire attached near the top. The fence must be installed prior to any other construction, maintained during and removed at the completion of the project. ' Bid Item 6 — Remove Asphalt Contractor shall furnish all labor, materials and equipment for the demolition of asphalt as shown on the plans. Demolition shall include removal, hauling and disposal. Bid Item 7 — Unclassified Excavation Contractor shall furnish all labor, materials and equipment for site excavation including topsoil stripping, excavation, stockpiling, distribution, rough grading, fine grading, and haul and disposing of all excess material per Drawings and ' Specifications. City of Fort Collins 'Section 01800 - Definition of Bid Items Park Planning & Development Division Page 1 of 2 1 Bid Item 8 — Geotextile Stabilization Material Contractor shall provide all labor, equipment and materials for the installation of a geotextile product at the bottom of the base course section. The selected product must be appropriate for the site soil conditions and must be submitted to and approved by the geotechnical engineer. Mirafi 18ON is an example of an approved material Bid Item 9 — Borrow A.B.C. Class 5/6 The unit price for this item shall include supplying, placing, and compacting aggregate base course in accordance with the Drawings and Specifications or as otherwise directed by the ENGINEER. Measurement and payment for this item will be by the TON of actual tonnage placed, complete at proper moisture. The method to bring mixture to optimum moisture will not be measured or paid for separately, but shall be included in the unit price for this item. Bid Item 10 — 5" Colored Concrete Paving Contractor shall famish all labor, materials and equipment to install concrete paving in accordance with the Drawings and Specifications. The unit price per square foot includes sub -grade preparation, installation of 5" thick concrete with fiber mesh reinforcement, and integral color additive equaling 2 lbs. per sack of Yosemite Brown color, forming; furnishing and applying curing compounds; finishing and edging the concrete surfaces; joints and joint materials; and all other related and necessary materials, work, and equipment required to construct the flatwork areas in accordance with the Drawings and Specifications. Bid Item 11 — Landscape Restoration Contractor shall provide all labor and equipment to backfill concrete trail; provide imported composting materials; distribute composted topsoil and fine grade disturbed areas for preparation of seeding operations. This item includes removing any debris and or rocks larger than 1 %z" from seed preparation area. The material must be a class II composting material from A-1 Organics or an approved equivalent. Bid Item 12 — Drill Seeding Contractor shall provide all soil preparation; fine grading; fertilizer; herbicide; seed; labor; hydro -mulching and equipment to seed native grass areas. END OF SECTION END OF DIVISION 1 City of Fort Collins Section 01800 - Definition of Bid Items Park Planning & Development Division Page 2 of 2 ' DIVISION 2 SECTION 02050 "DEMOLITION PART 1 - GENERAL 1.01 Description of Work A. Demolition or salvage and removal of boulders (if found) for re -use in landscape; and remove fencing, other plant material, and debris or other items on the site necessary for the construction of the project. 1.02 Quality Assurance A. Standards listed hereunder and referenced elsewhere in these specifications shall become a part of Ithis specification and are incorporated herein by reference. The latest edition, amendment or supplements thereto in effect thirty (30) days before date of invitation shall apply. ' 1. City of Fort Collins, Street Cut and Excavation Repair Standards 2. City of Fort Collins, Stormwater Drainage Design and Construction Standards PART 2 - MATERIALS - Not Used PART 3 - EXECUTION 3.01 Inspection and Reviews ' A. Schedule site meeting with Owner's Representative to verify and mark limits of demolition. 3.02 Protection 1 A. Refer to the General Requirements for site protection and temporary controls. B. Erect barriers and warning signs as necessary to prevent injury to the public and construction 1 personnel. C. Protect features and areas not marked for demolition. Limit use of site to the delineated areas. ' D. Use of explosives is prohibited. 3.03 Demolition and Removal A. Items listed for salvage remain the property of the City. Items listed for demolition shall become the property of the Contractor and shall be recycled by Contractor at appropriate facilities. B. Arrange for and pay costs associated with off -site disposal and recycling. 3.04 Hidden Conditions A. A hidden condition is any feature that could not be discovered or reasonably inferred from a careful inspection of the site prior to demolition. B. Promptly report hidden conditions to the. C. Hidden conditions may cause damage to features that are to remain in a finished work if demolition operations continue. Stop demolition operations affected by hidden conditions until a determination is made by the Owner's Representative. D. Hidden conditions may cause a change in contract time or price; refer to the General Conditions. END OF SECTION City of Fort Collins Section 02050 - Demolition Park Planning & Development Division Page 1 of 1 1 DIVISION 2 SECTION 02100 - MOBILIZATION PART 1 - GENERAL 1.01 Work Included A. Prepare the site for construction. B. Move in and move out personnel and equipment. C. Set up and remove temporary offices, buildings, facilities and utilities. 1.02 Site Conditions A. The City has provided the right-of-way, easement or project site for all permanent access or permanent construction for the project. Any additional access, access right-of-way, construction areas, or additional needed land which may be involved in the construction of this project shall be the responsibility of the Contractor. B. The land owned by the City may be used as site headquarters, storage yard, or base of operations provided that the use of said land meets with all of the requirements and restrictions imposed by the City at the time of usage. 1.03 Site Preparation for Contractor Occupancy A. The Contractor shall provide all temporary facilities as required for performing the work. The Contractor shall secure and maintain proper storage areas for equipment and materials in locations she/he may deem necessary for the proper execution of the job as approved by the City Representative. No storage yard or project headquarters site may be utilized in conflict with objections from the adjacent property owners unless the Contractor obtains from the City specific written permission for such objectionable use. No objectionable material will be allowed to blow from, wash off or drain off of any storage yard on to adjacent property. B. The Contractor shall maintain all storage yards in as neat and orderly a manner as possible, allowing no accumulation of waste materials or disposal piles. The Contractor may construct a temporary security fence for the protection of materials, tools, and equipment. The fence shall be maintained during the construction period. Upon completion of work, the security fence shall be removed from the site. The Contractor shall provide adequate parking facilities within the designated area for personnel working on the project. C. The Contractor shall obtain the necessary permits for connection to necessary services provided by utility companies serving the project area. D. Materials, equipment, and work required for temporary storm water management during the construction period shall be provided by the Contractor as required to ensure public safety and to protect the work in progress and materials stored on site. 1.04 Damage or Use -Fee Claims A. Any damage or use -fee claims filed against the Contractor may become a part of the final settlement of this project and may be cause for delay of final acceptance or delay of final payment. City of Fort Collins Section 02100 — Mobilization Park Planning and Development Division Page 1 of 2 PART 2 - NOT USED 1 PART 3 - EXECUTION 3.01 Obstructions A. The location of some utilities and obstructions may not be shown. Bidders are advised to carefully inspect the existing facilities before preparing their proposals. The removal and replacement of minor obstructions such as electrical conduits, air, water, and waste piping and similar items shall be anticipated and accomplished, even though not shown or specifically mentioned. Major obstructions encountered that are not shown on the Contract Drawings or could not have been foreseen by visual inspection of the site prior to bidding should immediately be brought to the attention of the City Representative. The City Representative will make a determination for proceeding with the work. If the City Representative finds that the obstruction adversely affects 1 the Contractor's costs or schedule for completion, a proper adjustment to the Contract will be made in accordance with the General Conditions. 3.02 Demolition A. Any pipes or existing structures encountered during construction shall be preserved until accepted for removal by the City Representative. The Contractor shall be required to repair pipes or structures in use that are damaged during construction at no cost to the City. The removal of ' abandoned pipes shall be reviewed by the City Representative. 3.03 Removal and Salvage of Materials ' A. The Contractor shall carefully remove materials specified to be reused or salvaged so as not to damage the material. Reuse by the Contractor of salvaged material will not be permitted, except as specifically shown or specified herein. Existing materials to be removed or replaced and not specifically designated for salvage shall become the property of the Contractor. Provide and maintain dust tight temporary partitions, bulkheads, or other protective devices during the construction to permit normal operation of the existing facilities. Construct partitions of plywood, insulating board, plastic sheets, or similar material. ' END OF SECTION I I City of Fort Collins Section 02100 — Mobilization Park Planning and Development Division Page 2 of 2 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for.liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. Rev10/20/07 Section 00100 Page 4 DIVISION 2 SECTION 02200 - EARTHWORK AND GRADING PART 1 —GENERAL 1.01 Description of Work A. The Contractor shall provide all labor, materials and equipment necessary to perform the work items called for on the bid schedule. B. The Contractor shall perform all excavation regardless of the type, nature, or condition of material encountered, as specified or required in order to accomplish the construction. 1.02 City Furnished Materials A. None, unless otherwise noted on the Bid Schedule. 1.03 Site Conditions A. A geotechnical investigation may have been performed for the City in order to obtain relative data concerning the character of material in and upon which the project is to be built. If an investigation has been performed, the information will be available to the Contractor for information purposes only, and is not to be considered a part of the Contract Documents. The Contractor shall satisfy himself as to the kind and type of soil to be encountered and any water conditions that might affect the construction of the project. B. The locations of existing utilities are shown in an approximate way only and not all utilities may be shown. The Contractor shall determine the exact location of all existing utilities prior to commencing work. The Contractor shall be fully responsible for any and all damages that might be occasioned by his failure to exactly locate and preserve any and all utilities. If utilities are to remain in place, the Contractor shall provide adequate means of support and protection during construction. C. Should drawn, or incorrectly drawn, piping or other utilities be encountered during excavation, the Contractor shall advise the City within thirty (30) minutes of encountering the utility. The Contractor shall cooperate with the City and utility companies in keeping respective services and facilities in operation to the satisfaction of the respective owners. The City reserves the right to perform any and all work required should the Contractor fail to cooperate with the respective companies, and back charge the Contractor for any and all expenses. D. The Contractor shall provide barricades and signs in accordance with the Uniform Manual of Traffic Control Devices where applicable. The Contractor shall maintain all devices in a working manner. 1.04 Fill Material A. Excess fill material, including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be hauled off the site and disposed of in accordance with applicable State and local regulations. B. Additional fill material, if required, shall be hauled to the site from off the site as a necessary part of the work. Material composition shall be subject to the requirements of the specifications. City of Fort Collins section 02200 — Earthwork and Grading Park Planning & Development Division Page 1 of 5 1.05 Testing and Inspections Coordinate and schedule testing with City Representative. PART 2 - MATERIALS ' 2.01 Soil Materials A. Coarse -grained soils free from debris, roots, organic material, and non -mineral matter containing no particles larger than 4-inch size and classified as either: 1. Sands with fines (SM, SC) and less than 25 percent of the soil particles passing the No. 200 sieve, or 2. Clean (SW, SP) sands 3. Native soils as determined acceptable by the Engineer. 2.02 Filter Fabric A. Filter Fabric shall be Typar 3451 W, Mirafi 700X or approved equal. PART 3 - EXECUTION ' 3.01 Preparation A. Field measurements: Before commencing work, locate all baselines and coordinates required for control of the work, establish required grade staking for control of excavation, fill and 1 embankment construction. Filed verify by excavation the location all utility crossings, service connections, and connections to existing lines before proceeding with earthwork. B. Layout Lines and Levels: 1. The drawings indicate existing elevations and proposed elevations. The existing elevations and proposed are given for the convenience of the Contractor to assist him in arriving at the quantities of excavation, grading, backfilling etc. 2. Before earthwork operations are started, all construction items shall be completely staked out for the Owner's approval. For any area with a two- percent slope or flatter, the Contractor shall lay out a 50-foot on -center grid and calculate the exact elevation at every intersection of the grid lines. These calculations will be approved by the Owner's Representative. C. Removal of TopSoil: Strip existing earthen material (topsoil) to a depth of 4 inches over the entire site. Stockpile on site in area approved by Owner's Representative. Keep topsoil segregated. Place, grade, and shape stockpile for proper drainage. 1 3.02 Excavation A. Prior to beginning excavation operations, accomplish all site preparation in accordance with these specifications. Perform excavation of every description to the lines and grades indicated on the drawings. B. Complete excavation work to the grade elevations shown on the drawings for all areas to be paved. City of Fort Collins Section 02200 — Earthwork and Grading Park Planning & Development Division Page 2 of 5 3.03 Clearing the Site A. All areas underlying new structures, paved areas, site fills and embankments shall be cleared of stumps, shrubs, brush, and other vegetative growth. B. Any material containing roots, grasses and other deleterious or organic matter generally found in the top six inches of undisturbed natural terrain shall be stripped from all areas requiring excavation, grading, trenching, subgrade preparation for foundations and embankment work. The City will require stripped top soil deemed suitable for spreading over the finished grades to be stockpiled and preserved until the finished grading operation, at which time it shall be spread uniformly over areas to be seeded or sodded. C. Upon completion of the project, completion of a particular phase of the project, or termination of the use of any particular area, site, storage yard right-of-way or easement, the Contractor shall promptly and neatly clean up the area and re-establish the ground to the contours required by the project or conditions prior to project commencement. 3.04 Earth Fill Construction A. The Contractor shall perform all grading to the lines and grades specified and/or established by the Engineer, with an appropriate allowance for topsoil. All slopes shall be free of all exposed roots and stones exceeding 3-inch diameter, which are loose and liable to fall. Tops of banks shall be rounded to circular curves not less than 6-feet in radius. B. Rounded surfaces shall be neatly and smoothly trimmed. Topsoil shall be replaced to a depth of 4-inches in areas to be revegetated. C. The Contractor shall protect the fill against freezing when atmospheric temperature is less than 35 degrees F (1 degree Q. 3.05 Compaction A. The Contractor shall meet minimum percentage density specified for each area classification as follows. Percentage of Maximum Density Requirements: Compact soil to not less than the indicated percentages of maximum density relationship determined in accordance with ASTM D 698. Foundations, Paved Areas, Utilities and Sidewalks - 95 percent 2. Unpaved Areas - 90 percent B. Control moisture content within 2% of optimum moisture content as determined by ASTM D 698. Where subgrade or layer of soil material is too dry to permit compaction to the specified density, uniformly apply water to surface of cut area, subgrade, or loosely placed layer of soil material. Mix soil and applied water by blading, disking, or other methods to achieve uniform moisture content throughout the soil mass to be compacted. C. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by disking, harrowing or pulverizing until moisture content is reduced to a satisfactory value. D. Puddling is not an acceptable method of compaction. City of Fort Collins Section 02200 — Earthwork and Grading Park Planning & Development Division Page 3 of 5 3.06 Grading A. Paved Areas: Immediately prior to placing structural pavements, shape area to the required lines, grades, and limits to provide the finished elevations indicated and roll with an approved heavy vibratory roller until compacted to the specified density. Maintain moisture content within I 2% of optimum during final rolling and until subgrade is covered by subsequent construction. Remove loose material and protect subgrade until covered. The subgrade under all paved areas I and the play area shall conform to the elevations shown on the drawings. B. Landscape Area and Remainder of Site: 1. Rough grade areas as indicated on grading plan to 4 inches below finish grade. After rough grading is finished, compacted and approved, scarify area to a depth of at least 6 inches. 2. Place previously stockpiled topsoil in all areas within the limits of the project not ' indicated to receive subsequent foundations, slabs on grade, walks, safety surfacing or other similar materials. 3. Uniformly distribute topsoil on the disturbed area and evenly spread to a thickness of 4 inches deep after light compaction. Perform spreading so that planting can proceed with little additional soil preparation or tillage. Do not place topsoil when subgrade is frozen, excessively wet, extremely dry or in a condition otherwise detrimental to specified grading, seeding and planting specifications. C. Finish Grading: 1. Grade all excavated sections, filled sections, construction disturbed areas and adjacent transition areas to finish elevation. Make finished surfaces smooth, ' compacted and free from irregular surface changes. 2. Unless indicated otherwise on drawings, finish grade area adjacent to sidewalks and pavements to %z inch below finish elevation of sidewalk and pavement. ' 3. Remove all construction debris. Grades not otherwise indicated shall be uniform levels or slopes between such points and existing finish grade. Abrupt change in ' slopes shall be rounded. 3.07 Settlement ' A. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, the Contractor shall scarify the ground surface, re -shape, and compact to required density prior to further construction. B. Any settlement in backfill, fill, or in structures built over the backfill or fill, which may occur within the guarantee period in the General Conditions will be considered to be caused by improper compaction methods and shall be corrected at no cost to the City. Any structure damaged by settlement shall be restored to their original condition by the Contractor at no cost to the City. 3.08 Disposal of Excess Excavation and Waste Materials and Special Requirements A. The Contractor shall dispose of all excess excavated material not required for fill on -site, as directed by the Engineer. City of Fort Collins Section 02200 — Earthwork and Grading Park Planning & Development Division Page 4 of 5 fl� B. The Contractor shall remove and be responsible for legally disposing of excess fill material not placed on -site, waste materials, trash and debris. C. The Contractor shall conduct all site grading operations and other construction activities to minimize erosion of site soil materials. He/she shall be responsible to maintain streets/public ROW daily by removing any spillage of dirt, rocks or debris from equipment entering or leaving the site. END OF SECTION City of Fort Collins Section 02200 — Earthwork and Grading Park Planning & Development Division Page 5 of 5 J DIVISION 2` SECTION 02221 — TRENCHING, BACKFILLING, AND COMPACTION 1 PART 1 - GENERAL 1.01 Scope Furnish all labor, materials, and equipment, and perform all operations to complete trenching, including excavation, subgrade preparation, drainage, filter fabric installation, bedding, backfilling, compacting, and finish grading for underground pipelines, service lines, sleeving, and appurtenances as shown on the drawings and as specified herein. 1.02 Related Work A. Section 02200 — Earthwork and Grading. ' B. Section 02520 — Portland Cement Concrete Paving. 1.03 Protection A. Obtain utility locations before commencing work. Protect all existing underground utilities, above ground structures or plantings, or repair to original condition. PART 2 MATERIALS: 2.01 Trench Backfill Material A. Trench excavation or imported material free from frozen material, stumps, roots, brush, other organic matter, cinders or other corrosive material, debris, and rocks or stones greater than 2 inches in any dimension. ' 2.02 Other A. Bedding, piping, filter fabric, and other materials specified on the drawings and in related sections. PART 3 EXECUTION 3.01 Preparation 1 A. Remove and stockpile topsoil from areas to be disturbed by construction. Keep topsoil segregated from non -organic trench excavation materials and debris. 3.02 Trenching A. Excavate trenches by open cut methods. Segregate suitable backfill. Rough trench excavation will leave trench with uniform width and vertical sidewalls from an elevation one foot above the ' top of installed pipe to the bottom of pipe. B. Minimum trench width will provide 6 inch space between pipe wall and side of trench. Maximum trench width will be shown on the drawings or in the appropriate pipeline section. If not specified elsewhere the maximum trench width is the pipe O.D. plus 20 inches. ' C. Grade trench bottom to provide uniform clearance for bedding material. De -water trench. Remove loose material and foreign objects. When required, install filter fabric per manufacturer's specifications. City of Fort Collins Section 02221 — Trenching, Backfilling and Compacting Park Planning & Development Division Page 1 of 2 D. Unstable sub -grade is not expected. If unstable subgrade material is encountered, report the condition to the Owner. Remedy and payment for subgrade stabilization will be based on the actual conditions encountered. 3.03 Bedding A. Pipe will be bedded in accordance with the detailed drawings or the appropriate pipeline specification. 3.04 Backfilling and Compaction A. Backfill trench promptly after completion of pipe bedding. B. Deposit material in uniform layers with thickness commensurate with the soil encountered and the compaction equipment used. C. Compaction requirements will be made at the moisture content and will meet the densities, by zone, specified in Section 02200 — Earthwork and Grading. D. Coordinate and schedule compaction tests with City Representative. 3.05 Surface Restoration A. Restore pavements according to City of Fort Collins Standards. B. Restore landscaped areas according to Section 02900 — Landscaping. END OF SECTION City of Fort Collins Section 02221 — Trenching, Backfilling and Compacting Park Planning & Development Division Page 2 of 2 DIVISION 2 SECTION 02304 -AGGREGATE BASE COURSE PART 1 — GENERAL 1.1 Description of work I A. The current edition of the Colorado Department of Transportation Standard Specification Booklet is referenced into these specifications. PART 2— REVISIONS A. Subsection 304.01 is revised to include the following: This work shall consist of placing Aggregate Base (Class 5) over previously prepared subgrade approved by the Engineer. Aggregate Base will be used as fill under the curb, gutter, and sidewalks if there is not any acceptable material onsite. The proposed material shall meet the following minimum requirements: LL Maximum: 30 ' PI Maximum: 6 "R" Value Minimum: 78 The minimum strength coefficient of the Class 5 Aggregate Base shall be 0.12. B. Subsection 304.07 is revised to include the following: Aggregate Base Course will be measured by the ton at proper moisture. Quality will be adjusted accordingly if moisture is too high. Haul and water necessary to bring mixture to optimum moisture will not be measured paid for separately, but shall be included in the price for Aggregate ' Base. C. Subsection 304/08 is revised to include the following: The accepted qualities of Aggregate Base Course will be paid for at the contract price per ton. ' D. Payment will be made under: Pay Item Pay Unit 304-01 A.B.C.(C-5) Tons The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in placing Aggregate Base Course including haul and water, complete -in -place, as shown on the plans, as specified in the specifications, and as directed by the Engineer. END OF SECTION City of Fort Collins Section 02304 — Aggregate Base Course 1111�� Park Planning & Development Division Page 1 of 1 DIVISION 2 SECTION 02520 — PORTLAND CEMENT CONCRETE PAVING PART 1 - GENERAL Scope A. Furnish all labor, materials, supplies, equipment, transportation, and perform all operations in connection with and reasonably incidental to complete installation of concrete paving as shown on the drawings and as specified herein. Items of work specifically included are: B. Subgrade preparation for trail C. Form work. D. Reinforcement. E. Surface finish. F. Construction, expansion and control joints. G. Curing. H. Concrete trail Work Not Included A. Items of work specifically excluded or covered under other sections: B. Excavation and backfill. C. Earthwork and grading. D. Cast -in -place structural concrete or precast concrete, such as foundations, drainage appurtenances, and pad and building. E. Joint sealers. Related Work A. Division 2 — Site Work: a. Section 02050 — Demolition. b. Section 02200 — Earthwork/Grading. c. Section 02221 — Trenching, Backfilling, and Compaction. References A. ACI 301 — Specifications for Structural Concrete for Buildings. B. ASTM C33 — Concrete Aggregate. C. ASTM C150 — Portland Cement. D. ASTM C260 — Air Entraining Admixtures for Concrete. E. ASTM C309 — Liquid Membrane — Forming Compounds for Curing Concrete. F. ACI 304 — Recommended Practice for Measuring, Mixing, Transporting, and Placing Concrete. G. ACI 305R — Hot Weather Concreting. H. ACI 306R — Cold Weather Concreting. City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 1 of 8 I. ACI 308 — Standard Practice for Curing Concrete. ' J. ACI 309 — Recommended Practice for Consolidation of Concrete. Regulatory Requirements: A. Conform to applicable code of governing authority for paving work within public right-of-way. Tests: ' A. Submit proposed mix design to testing laboratory for review prior to commencement of work. For standard premix concrete mixes, the supplier's quality control records may be substituted for job mix testing. B. Provide licensed Surveyor to test forms in the floodway for accuracy prior to concrete pours. C. Concrete Testing Service: Owner will engage a testing laboratory to perform materials evaluation, testing and design of concrete mixes. All testing costs will be home by the Owner. Should any ' test(s) fail to meet the specifications, the cost of the failed test and all subsequent testing shall be borne by the Contractor. D. Coordinate and schedule sampling testing during concrete placement with City Representative. Submittals: A. Submit product data under provisions of Section 01300 —Submittals. B. Submit data on admixtures and curing compounds. C. Submit manufacturer's data on leave -in -place construction joint form Test Panels: A. Provide a 3' x 3' test panel for finish and tooling of joints for Owner approval. Provide one panel for each pavement type specified. In casting the panels, use personnel and methods to be ' employed on the work. B. If sample disapproved, cast additional samples until approval is obtained. Maintain test panel on ' C. site until finished work is accepted. Test panel will represent minimum workmanship standard. Work completed prior to text panel approval shall be subject to removal and replacement at Owner's request. PART 2 MATERIALS 2.01 Concrete Materials: ' A. General: Provide materials of same brand and source throughout the project unless otherwise noted. B. Portland Cement: ASTM C150, Type I or Type I/II, color to be 2 pounds per sack, Yosemite ' Brown. C. Aggregates: ASTM C33, normal weight. In addition, the combined aggregate shall comply with the following gradation, shown in percent passing. ' Sieve Size 3/-Inch Nominal Maximum Size '/ Inch 90 — 100 3/8 Inch 60 — 80 ' No. 4 40 — 60 City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 2 of 8 I 1 11.0 BID FORM. ' 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. ' 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of ' sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate ' - name. 11.4. Bids by partnerships must be executed in the partnership name and ' signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. ' 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced 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 1 Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement Rev10/20/07 Section 00100 Page 5 No. 8 30 - 45 No. 16 20 - 35 No. 30 13 - 23 No. 50 5 - 15 No. 100 0-5 D. Water: Clean and not detrimental to concrete. 2.02 Form Materials: A. Slab Edges: Two by lumber permitted for surfaces not exposed to view in the final work. Use concrete -form grade hardboard, "plyform" grade plywood, or metal for forming surfaces exposed to view. Forms shall be straight and sufficiently stiff and well braced to meet line tolerances specified in Part 3. B. Keyed Joint Form: Wooden key or leave -in -place metal construction joint form. C. Form Coatings: Commercial form -coating compounds that will not bond with, stain, or adversely affect concrete surfaces, and will not impair subsequent treatments of concrete surfaces. 2.03 Reinforcement: A. Fiber mesh: Bundled, fibrillated, virgin polypropylene fibers manufactured for use in premix concrete and having the following characteristics: 1. Special Gravity: 0.91. 2. Tensile Strength: 70 to 100 ksi. 3. Fiber Lengths: %z inch, 3/ inch. 4. Accepted Materials: "Fibermesh" by Fibermesh Company of Chattanooga, TN; or "Forta CR" by Forta Corporation of Groove City, PA. B. Dowels: ASTM A615; 40 or 60 ksi yield grade, plain steel, uncoated finish; matched sleeve and cap one end. Provide dowel basket to hold dowels in parallel alignment. 2.04 Admixtures: A. General: Unless specified in the mix or directed in Part 3, no admixtures shall be used without approval of the Owner's Representative. Do not use admixtures that would result in mixing water with a concentration of more than 150 ppm of chloride ion. B. Air Entraining: ASTM C260. C. Water Reducing: ASTM C494, Type A. D. Accelerator: Nonchloride, ASTM C494, Type C or E. E. Retarder: ASTM C494, Type B or D. F. Color Agent: Yosemite Brown, Davis Colors of Los Angeles, California. 2.05 Related Materials: A. Expansion Joint Filler: ASTM D1752, closed cell polyethylene, %z inch thickness. B. Curing Compound for Concrete with Coloring Agent: Davis Seal Color to match colored concrete. City of Fort Collins SECTION 02520 - Portland Cement Concrete Paving Park Planning & Development Division Page 3 of 8 2,06 Concrete Mix: ' A. Mix concrete in accordance with ASTM C94. 1. Provide concrete for colored sidewalk (Poudre Trail) of the following characteristics: Unit Measurement a. Compressive Strength 4,000 psi at 28 days b. Minimum Cement 564 lb./cy c. Maximum Aggregate Size 1 %2 inches d. Fibrous Reinforcement Y4 lb./cy e. Air Entrainment 4% to 6% ' f. Maximum Water/Cement Ratio g. Coloring Agent 0.46 per manufacturer's recommendations h. Maximum Slump 4 inches ' B. Use accelerating admixtures in cold weather as directed in Part 3. C. Use set -retarding admixture during hot weather as directed in Part 3. D. Water reducing agent is permitted. 2.07 Selection of Proportions: ' A. Mix Design: Cost of concrete mix design is responsibility of Contractor. B. Selection of Proportions: Use method of ACI 301 3.9. Proportioning base on method of ACI 301 3.10 not allowed. 1. Field test records used for documentation of the average strength produced by a propos mix in accordance with ACI 301 3.9.3.2 shall, in addition to the requirements listed, comply with the following: ' a. The test record shall represent production concrete from a single design mix produced during the past year. b. The test record shall represent concrete proportioned to produce the maximum slur ' allowed by these specifications, and for air -entrained concrete, within a +0.5% of t maximum air content allowed. 2. Mixes proportioned on the basis of trial mixtures shall meet the provisions of ACI 301 3.9.3.3. PART 3 EXECUTION 3.01 Subgrade Preparation: A. Shape and compact subgrade to match appropriate detail. Compact to 95% density as measured by ASTM D698. Coordinate with Section 02200 — Earthwork, Article 3.05, Compaction. B. Where Subgrade cannot be compacted, remove subgrade. Replace with bed course. Compact to 95% density as measured by ASTM D698. C. Moisten subgrade to minimize absorption of water from fresh concrete. Subgrade shall not be muddy, soft, frozen, or covered with standing water when concrete is placed. 3.02 Form Work: A. General: Design, construct, and brace forms in accordance with ACI 301 and ACI 347. In addition to those requirements, forms shall be placed and braced so the finished edges and joints ' meet the tolerances listed later in this section. City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 4 of 8 I . Forms in the floodway shall be surveyed by a licensed Surveyor for conformation with existing grade elevation prior to concrete pour. This is a responsibility of the Contractor C. Preparation of Form Surfaces: 1. Clean reused forms of concrete matrix residue; repair and patch as required to return forms to acceptable surface condition. 2. Coat contact surfaces of forms with specified form -coating compound before reinforcement is placed. Apply form -coating compound according to manufacturer's instructions. Do not allow excess form -coating material to accumulate in forms or to come in contact with concrete surfaces against which fresh concrete will be placed. D. For Surfaces Exposed to View: Form faces shall be free from raised grain, tears, worn edges, patches, dents, or other defects which would impair texture of the concrete surfaces. Minimize number of seams in form material, and arrange seams in an orderly manner. 3.03 Reinforcement and Embedments: A. Fibrous Reinforcement: 1. Add fibrous concrete reinforcement to concrete materials at the time concrete is batched in amounts in accordance with approved submittals for each type of concrete required. 2. Mix batched concrete in accordance with manufacturer's recommendations for uniform and complete dispersion. 3.04 Joints: A. General: Place joints in accordance with ACI 301. Conform to the tolerances listed later in Part 3. B. Isolation/Expansion Joints: Isolation joint and expansion joint are synonymous for concrete paving. 1. Place isolation joints where work abuts existing walls, curbs and structures, and where shown on the drawings. 2. Interrupt reinforcement at isolation joint. Install dowels only where indicated on drawings. 3. Joint filler shall extend full depth of the slab. Hold back filler from top of slab as required for sealant. Attach joint filler to first placement. 4. Seal all expansion joints per Section 07900. C. Keyed/Construction Joints: Keyed joint and construction joint are synonymous for concrete paving. 1. Reinforcement, if required, shall continue through the joint. 2. Install where indicated on drawings, or where required by concrete delivery or finishing rate. 3. Key first placement. Key shall be 1 % inches wide and 3/ inches deep. 4. After first placement has hardened, clean and roughen face. Install control joint form at top of slab. 5. Subject to Owner's Representative approval; manufactured leave -in -place cold joint form may be used. D. Control/Score Joint: Control joint and score joint are synonymous for concrete paving. 1. Control joints shall penetrate 1/3 of slab thickness. 2. Sawn Joints: Control joints on play area curb shall be sawn. Kerf shall be 3/16-inch wide. Start cutting as soon as concrete is able to be sawn without dislodging aggregate. Complete City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 5 of 8 cutting before shrinkage cracks occur. Joints perpendicular to walls may be less than required depth within 6 inches of the wall, and may stop 2 inches from the wall. Wash slurry from concrete to avoid staining of slab. 3. Tooled Joints: Control joints may be cut into the plastic concrete during finishing operations. Tooled joints shall have''/< radius, and shall not incorporate a troweled edge unless 1 specifically noted on the drawings. 4. Formed control joints are permitted only in conjunction with keyed joints. 5. Unless otherwise indicated, provide control joints at the following intervals: Use Tyne Maximum Spacing ' Colored sidewalk Sawn Joints 10' center to center ' 3.05 Concrete: A. Preplacement Inspection: Form work installation, reinforcing steel placement, and installation of all items to be embedded or cast in, to be verified by the Owner's Representative prior to B. placement. General: Comply with ACI 301, ACI 304, and as herein specified. C. Added Water: Concrete mix has been designed to a specific water cement ratio in order to enhance durability of the final product. Do not add water at the job site or concrete will not be ' accepted. D. Cold Weather Placement: When depositing concrete after the first frost or when the mean daily temperatures area below 40 degrees, follow recommendations of ACI 306 as modified herein. Use ' specified accelerator. Maintain concrete temperature at a minimum of 55 degrees for not less than 72 hours after depositing. Do not place concrete without approval of the Owner's Representative on days when temperature at 9:00 a.m. is below 30 degrees. Job -cured cylinders for verification of ' strength and/or the adequacy of the Contractor's protective methods will be required. E. Hot Weather Placement: When depositing concrete in hot weather, follow recommendations of ACI 305 as modified herein. When the air temperature is expected to exceed 90 degrees, the Contractor shall obtain acceptance from the Civil Engineer or Owner's Representative of the procedures to be used in protecting, depositing, finishing, and curing the concrete. The temperature of concrete at the time of placement shall not exceed 90 degrees. Protect to prevent rapid drying. Start finishing and curing as soon as possible. Specified water reducing retarding admixture may be used. The use of continuous wetting or fog sprays may be required by the Owner's Representative for 24 hours after depositing. F. Placing: Deposit and consolidate concrete slabs in a continuous operation, within the limits of construction joints, until the placing of a panel or section is completed. Deposit concrete as nearly as practicable in its final location to avoid segregation. G. Consolidation: Consolidate concrete with internal vibrators with a minimum frequency of 7,000 rpm. Maintain one standby vibrator for every three vibrators used. Consolidate according to ACI 309. Do not transport concrete with vibrators. Work concrete into corners and around embedments and reinforcement. ' H. Surface Leveling: Strike off and level surface with screed of sufficient length to span the slab. On slabs greater than 15 feet wide, use intermediate screed strips. 3.06 Finishes: A. Broom Finish: Concrete flatwork shall receive a heavy broom finish applied at a right angle to the direction of travel. The plaza area shall have smooth troweled joints, 1 %z inches from the City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 6 of 8 centerline of the joint, to result in a total trowel width of 3 inches. All other flatwork shall have broom finish over joints. B. Coordinate rate of concrete placement with pace of washing crew. C. Formed Finishes: 1. Surfaces Not Exposed to View: Patch tie holes and defects. Chip off fins greater than % inch in height. 2. Surfaces Exposed to View: Patch tie holes and defects. Completely remove fins. Schedule of Finishes: 1. Sidewalk — heavy broom finish. 3.07 Curing/Sealing: A. Apply curing compound within 30 minutes of completing finish. Follow manufacturer's recommendations for applying compound. Reapply in areas exposed to rain within 3 hours of initial application. Maintain continuity of coating and repair damage during 7-day curing period. Follow manufacturer's instructions for sealing interior slabs. 3.08 Tolerances: A. Surface Planeness: Unless otherwise specified, produce slabs with a Class B tolerance. 1. Finishes with Class B tolerances shall be true planes within % inch in 10 feet, as determined by a 10-foot straight edge placed anywhere on the slab in any direction. B. Formed Surfaces, Joints, and Embedments: Unless otherwise specified, the finished work shall meet the following tolerances: 1. Variations of formed, or cut or tooled linear element: a. In 20 feet: % inch. b. For entire length: 1 inch. 3.09 Field Quality Control: A. Field inspection and testing will be performed under provisions of Paragraph 1.06, Tests, and as specified below. B. Forms in the floodway shall be surveyed by a licensed Surveyor prior to concrete pour to ensure conformation to current grade conditions. This is a responsibility of the Contractor. C. Concrete Tests: 1. Shall be provided by the Contractor and shall be accordance with requirements of ACI 301, Chapter 16 — Testing, except as noted or modified in this section. a. Strength test. i. Mold and cure four cylinders from each sample. ii. Test one at 7 days and one at 14 days for information and one at 28 days for acceptance. Keep the remaining one as a spare to be tested as directed by the Owner. b. Minimum samples. i. Collect the following minimum samples for each 28-day strength concrete used in the work for each day's placing: Quantity Number of Samples 50 cubic yards or less one 50 to 100 cubic yards two 100 cubic yards or more two plus one sample for each City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 7 of 8 J i additional 100 cubic yards 1 c. Sample marking. i. Mark or tag each sample of compression test cylinders with date and time of day cylinders were made. ii. Identify location in work where concrete represented by cylinders was placed. 1 iii. Identify delivery truck or batch number, air content, and slump. d. Slump test. 1 Conduct test for each strength test sample and whenever consistency of concrete appears to vary. e. Air content. 1 Conduct test from one of first three batches mixed each day and for each strength test sample. 1 D. Acceptance of Concrete: 1. If the average of three consecutive 7-day tests falls below the specified 7-day strength, the Owner shall have the right to require conditions of temperature and moisture necessary to secure the required strength and may require core tests in accordance with ASTM C-42. 2. Strength level of concrete will be considered satisfactory so long as average of all sets of three consecutive strength test results equals or exceeds specified 28-day strength and no individual strength test result falls below specified strength by more than 500 psi. ' E. Failure of Test Cylinder Results: 1. Upon failure of the 28-day test cylinder results, Owner may require Contractor, at his expense, 1 to obtain and test at least three cored samples from area in question. 2. Concrete will be considered adequate if average of three core tests is at least 85 percent of, and if no single core is less than 75 percent of the specified 28-day strength. 1 3. Upon failure of core test results, Owner may require Contractor, at his expense, to perform load tests as specified in ACI 318, Chapter 2. 4. In the event an area is found to be structurally unsound, the Owner may order removal and 1 replacement of concrete as required. The costs of the core tests, the load test and the structural evaluation shall be borne by the Contractor. 5. Fill all core holes with a non -shrink grout as Master Builders Masterflo 713 or approved equal. F. Maintain records of placed concrete items. Record date, location of pour, quantity, air temperature, and test samples taken. END OF SECTION fl 1 City of Fort Collins Park Planning & Development Division SECTION 02520 — Portland Cement Concrete Paving Page 8 of 8 DIVISION 2 SECTION 02900 - SITE REVEGETATION PART 1 - GENERAL 1.01 Description of Work A. The work covered by this specification includes the furnishing of all materials and application of fertilizer, seed and mulch to areas defined in the plans or required by field condition. The work shall be completed in accordance with these specifications, accepted horticultural practice, and with the plans. 1.02 Related Work A. See appropriate sections for site work needed prior to work required in this section. Obtain approval from the Engineer prior to starting work required in this section. 1.03 Submittals A. Submit manufacturer's specifications and literature on all products. B. Submit materials list including quantities and description of materials. 1.04 Quality Assurance A. Source Quality Control: Manufacturer's test for purity and germination of seed, dated within six months of seeding. B. Certificates: Manufacturer's certification that fertilizer meets specification requirements. PART 2 - MATERIALS 2.01 Grass Seed A. Grass seed shall be of the latest crop available. Seed shall meet Colorado Department of Agriculture Seed Laws, Chapter 35, Article 27. B. The seeding mixture shall be applied at a pure live seed (PLS) rate per acre AS SHOWN ON SHEET 4 OF 4. C. Do not use seed which has become wet, moldy, or otherwise damaged in transit or in storage. D. The Contractor shall compensate for percentage of purity and germination by furnishing sufficient additional seed to equal the specified pure live seed product. The formula for determining the quantity of pure live seed (PLS) shall be: Pounds of Seed (Bulk) x Purity x Germination = E. Pounds of Pure Live Seed (PLS) F. The Contractor shall present to the Engineer a certificate of the PLS test of the grass seed which he intends to use. All grass furnished shall be delivered in sealed bags showing the weight, analysis and vendor's name. 2.02 Fertilizer A. Commercial fertilizer type and application rate shall be AS SHOWN ON SHEET 4 OF 4. City of Fort Collins Section 02900 — Site Revegetation Park Planning & Development Division Page 1 of 4 2.03 Mulch A. Hydraulically spray or approved equal. 2.04 Topsoil A. Topsoil shall be select earth material of loose friable loam reasonably free of admixtures of subsoil, refuse stumps, roots, rocks, brush, weeds or other material which can be detrimental to the proper development of ground cover. ' PART 3 EXECUTION - 3.01 General ' A. The pattern of seeding and mulching, and fertilization if required, shall be as detailed or as required by field conditions to provide a uniform stand of grass acceptable to the City. In no case shall revegetation occur within 30 days of the application of a chemical weed control substance. ' B. Warranty excludes replacement of plants after final acceptance because of injury by storm, drought, drowning, hail, freeze, insects or diseases. 3.02 Preparation A. Verify that soil preparation has been completed prior to seeding. B. Seed areas damaged by construction activities as directed by the Engineer. ' C. Apply by broadcasting or drillings at the rate specified herein. D. Selection of the time of seeding shall be Contractor's responsibility, consistent with erosion ' control. E. Rework previously prepared areas that have become compacted or damaged by rains or traffic. F. Do not drill or sow during windy weather or when ground is frozen or untillable. ' G. Cover seed to depth between V4 to %2 inch by raking or harrowing. H. Firm seed areas with roller weighing maximum of 1001bs. per foot to width. ' 3.03 Hydraulic Seeding and Mulching A. Seed and fertilize in the amounts per acre designated. Wood cellulose fiber mulch at 2,000 lbs/ acre. B. Combine with water to provide a slurry. Perform hydraulic application in such a manner that the liquid carrier will uniformly distribute the material over the entire area to be seeded at rates not less than indicated herein. Do not compact. Double the amount of seed per acre if seed and mulch are applied in a single application. 3.04 Drill Seeding ' A. Seed shall be applied in a minimum of two passes at 90 degrees two each other. 3.05 Reseeding and Repair A. Reseed and mulch areas where there is not a satisfactory stand of grass at the end of 60 days after ' seeding. B. Minimum satisfactory stand: 4 plants per square foot. ' City of Fort Collins Section 02900 - Site Revegetation Park Planning & Development Division Page 2 of 4 3.06 Areas to be Seeded A. All areas that have been damaged or disturbed by the Contractor's operation shall be reseeded according to these specifications and as indicated on the plans. Seeded areas to be amended with imported compost at a rate of 6yds/1000 s.f. 3.07 Maintenance A. No maintenance is required, UNLESS NOTED ON THE BID SCHEDULE. Fertilizer and Seed Mix Commercial Fertilizer (18-46-0) Nitrogen Phosphorus Potassium Application rate of 2501bs per acre Percent available by weight 18 46 0 Seed..Mix ;Pure Live.Seed . LbsJAcre Seed Buffalo Grass 50% 20 Blue Gramma 50% 20 100 40 END OF SECTION City of Fort Collins Section 02900 — Site Revegetation Park Planning & Development Division Page 3 of 4 APPENDIX A 7 L n 7 I of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his .sole discretion, release any Bid and return the Bid Security prior to that date. Rev 10/20/07 Section 00100 Page 6 GEOTECHNICAL ENGINEERING REPORT CACHE LA POUDRE TRAIL REALIGNMENT SOUTHWEST OF TIMBERLINE ROAD AND CACHE LA POUDRE RIVER FORT COLLINS, COLORADO Terracon Project No. 20085057 August 19, 2008 Prepared for. City of Fort Collins Cultural, Library, and Recreational Services Park Planning and Development P.O. Box 850 215 North Mason Street Fort Collins, Colorado 80522 Attn: Mr. Jason Stutzman Prepared by: Terracon Consultants, Inc. 301 North Howes Street Fort Collins, Colorado 80521 Phone: 970-484-0359 Fax: 970-484-0454 1rerraco Geotechnical Engineering Report Cache La Poudre Trail Realignment — Fort Collins, Colorado Terracon Project No. 20085057 TABLE OF CONTENTS Letter of Transmittal .... Page No. ......................... ii INTRODUCTION....................................................................................................................1 SITEEXPLORATION............................................................................................................. 2 FieldExploration............................................................................................................... 2 LaboratoryTesting............................................................................................................ 2 SITECONDITIONS................................................................................................................3 SUBSURFACE CONDITIONS...............................................................................................3 Soiland Bedrock Conditions.............................................................................................3 Field and Laboratory Test Results.................................................................................... 3 GroundwaterConditions................................................................................................... 3 ENGINEERING RECOMENDATIONS...................................................................................4 Geotechnical Considerations............................................................................................ 4 Trail Design and Construction...........................................................................................4 GeneralConsiderations.............................................................................................. 4 SitePreparation.....................................................:.................................................... 5 Subgrade Stabilization (Alternative 1).........................................................................5 Subgrade Stabilization (Alternative 2)......................................................................... 5 Subgrade Stabilization (Alternative 3).........................................................................5 Compliance....................................................................................................................... 6 Trail Performance..............................................................................................................6 Earthwork.......................................................................................................................... 6 Fill Materials and Placement.......................................................................................6 CorrosionProtection................................................................................................... 7 GENERALCOMMENTS........................................................................................................7 Figure No. BORING LOCATION DIAGRAM............................................................................................ 1 APPENDIX A: LOGS OF BORINGS APPENDIX B: LABORATORY TEST RESULTS APPENDIX C: GENERAL NOTES Terracon GEOTECHNICAL ENGINEERING REPORT CACHE LA POUDRE TRAIL REALIGNMENT SOUTHWEST OF TIMBERLINE ROAD AND CACHE LA POUDRE RIVER FORT COLLINS, COLORADO Terracon Project No. 20085057 August 19, 2008 INTRODUCTION This report contains the results of our geotechnical engineering exploration for the proposed Cache La Poudre Trail realignment southwest of Timberline Road and the Cache La Poudre River in Fort Collins, Colorado. The purpose of these services is to provide information and geotechnical engineering recommendations relative to: • subsurface soil conditions. • groundwater conditions. • pavement design and construction. • earthwork. • drainage. The recommendations contained in this report are based upon the results of field and laboratory testing, engineering analyses, our experience with similar soil conditions and structures, and our understanding of the proposed project. PROJECT INFORMATION As we understand, this phase of the project will consist of realignment of approximately 0.4 miles of trail at the referenced site. The current trail is surfaced with asphalt concrete and the proposed realignment will be constructed of Portland Cement Concrete. The realignment will be located south of the existing asphalt paved portion of the trail. Based on previous knowledge of the site, the proposed realignment area is known to have been flooded with sugar beet lime. The depth and extent of these materials was not known at this time of this exploration. Final site grading plans were not available prior to preparation of this report but we anticipate the new trail to be at, or slightly above, existing site grade. 1 Geotechnical Engineering Report Terracon Cache La Poudre Trail Realignment — Fort Collins, Colorado Terracon Project No. 20085057 ' SITE EXPLORATION PROCEDURES ' The scope of the services performed for this project included site reconnaissance by a geotechnical engineer, a subsurface exploration program, laboratory testing and engineering analysis. Field Exploration: A total of 4 test borings were drilled on August 8, 2008 to depths of about 15 feet below existing site grade at the approximate locations shown on the Boring Location Diagram, Figure 1. The borings were drilled within the proposed re -alignment area. The borings were advanced with a truck -mounted drilling rig, utilizing 4-inch diameter, solid -stem, continuous -flight auger. 1� The borings were located in the field by pacing from property lines and/or existing site features with aid from the client. Elevations were not measured at the boring locations. The accuracy of boring locations and elevations should only be assumed to the level implied by the methods used. Lithologic logs of each boring were recorded by the engineering geologist during the drilling operations. At selected intervals, samples of the subsurface materials were taken by driving split -spoon and ring barrel samplers. Representative bulk samples of subsurface materials were also obtained from each boring location. Penetration resistance measurements were obtained by driving the ring barrel or split spoon into the subsurface materials with a 140-pound hammer falling 30 inches. The penetration resistance value is a useful index to the consistency, relative density or hardness of the materials encountered. Groundwater measurements (where applicable) were obtained in each boring at the time of site Qexploration and a minimum of 1 day after drilling. Laboratory Testing: Samples retrieved during the field exploration were returned to the 0 laboratory for observation by the project geotechnical engineer, and were classified in general accordance with the Unified Soil Classification System described in Appendix C. At that time, an applicable laboratory -testing program was formulated to determine engineering properties of a the subsurface materials. Following the completion of the laboratory testing, the field descriptions were confirmed or modified as necessary, and Logs of Borings were prepared. These logs are presented in Appendix A. Laboratory test results are presented in Appendix B. These results were used for the geotechnical engineering analyses and the development of pavement and earthwork recommendations. Laboratory tests were performed in general accordance with the applicable local or other accepted standards. Geotechnical Engineering Report Terracon Cache La Poudre Trail Realignment — Fort Collins, Colorado Terracon Project No. 20085057 Selected soil samples were tested for the following engineering properties: 0 • Water content . % Minus No. 200 Sieve a • Dry density . Plasticity Index • Consolidation . Water soluble sulfate content • Moisture -Density Relationship . Expansion SITE CONDITIONS I The site was vacant and to our knowledge had been previously utilized as an overflow/flood area for sugar beet processing. As a result, the site contained a large amount of sugar lime at the ground surface. The site was bounded on the north by the existing trail system and the Cache La Poudre River, on the east by Timberline Road, and on the west and south by open space. The ground surface was generally flat to gently sloping. Vegetation consisted of a moderate growth of native grasses and weeds. Site drainage was generally in the form of surface sheet flow directed to the river, although shallow depressions existed. SUBSURFACE CONDITIONS Soil and Bedrock Conditions: As presented on the Logs of Boring, surface materials to depths of about 2 to 8 feet consisted of sugar lime. The materials underlying the surface soils and extending down to the full depth of exploration consisted of native sand with varying amounts of silt and gravel. Field and Laboratory Test Results: Field test results indicate that the sugar lime varies from medium to stiff in consistency. The sand soils vary from loose to dense in relative density. - Laboratory test results indicate that sugar lime materials at shallow depth have tendency for hydro -collapse when elevated in moisture content and may become unstable with increasing moisture content. Results of moisture -density relationship testing (ASTM D698) indicate a maximum dry density of 79.5 pounds per cubic foot at optimum water content of 33.0 percent for the sugar lime materials on site. Based on the in -situ moisture content of these materials at the time of our field exploration, significant moisture conditioning will be required to elevate the moisture content to optimum conditions. Results of water soluble sulfate testing indicated a negligible sulfate concentration. Groundwater Conditions: Groundwater was not observed in the test borings at the time of field exploration, nor when checked upon completion 2 days after drilling. These observations represent groundwater conditions at the time of the field exploration, and may not be indicative of other times or at other locations. Groundwater conditions can change with varying seasonal 3 ' Geotechnical Engineering Report Terracon Cache La Poudre Trail Realignment — Fort Collins, Colorado Terracon Project No. 20085057 AM I I 0 11 and weather conditions, the level of the river, and other factors. The possibility of groundwater fluctuations should be considered when developing design and construction plans for the project. ENGINEERING RECOMMENDATIONS Geotechnical Considerations: The site appears suitable for the proposed construction based upon geotechnical conditions encountered in the test borings. However, potentially compressible sugar lime which shows significant tendency for hydro -compaction when elevated in moisture content will require particular attention in the design and construction. Hydro- compactive materials, sometimes referred to as "collapsible" soils, are materials which undergo volume decrease (settlement/consolidation) when subjected to increases in moisture content under constant load. The sugar lime materials will likely become unstable with increasing moisture content and will likely require stabilization prior to construction of the new trail system. While long term usage and loading conditions are anticipated to be relatively light for the trail (pedestrian traffic, bicycles, occasional maintenance/emergency vehicles), placement of Portland Cement Concrete (PCC) for the trail will be most economical by conventional concrete transit mixer (truck) which have relatively high wheel loads. Therefore, the trail alignment will likely need stabilization to support this type of construction traffic. Based on the geotechnical engineering analyses, subsurface exploration and laboratory test results, we recommend that the trail subgrade be stabilized prior to construction. Methods of stabilization are outlined below. These include removal and replacement of portions of the lime materials, incorporation of granular materials, and/or placement of geosynthetics. The method, of stabilization implemented should be selected based on the potential amount of acceptable future movement of the trail which can be tolerated and also by the amount of maintenance which is acceptable by the owner. Design and construction recommendations for trail construction and other earth -connected phases of the project are outlined below. Trail Design and Construction: Design of the trail should be performed in accordance with current specifications outlined by the City of Fort Collins Recreational Department and local government entity input. We understand that the current design standard for this trail system is an un-reinforced, 5-inch thick, PCC section with incorporation of a fiber mesh for additional durability. Based upon the anticipated traffic loading conditions (previously outlined) this section should perform adequately provided the subgrade is stabilized properly. General Considerations: The following presents recommendations for site preparation, subgrade stabilization alternatives, and placement of engineered fills on the project. All earthwork on the project should be observed and evaluated by Terracon. The evaluation of earthwork should include observation and testing of engineered fills, subgrade 4 August 19, 2008 City of Fort Collins Cultural, Library, and Recreational Services Park Planning and Development P.O. Box 850 215 North Mason Street Fort Collins, Colorado 80522 Attn: Mr. Jason Stutzman Re: Geotechnical Engineering Report. Cache La Poudre Trail Realignment Southwest of Timberline Road and Cache La Poudre River Fort Collins, Colorado Terracon Project No. 20085057 Ifierracon Consulting Engineers and Scientists 301 N Howes Street Fort Collins, Colorado 80521 Phone (970) 484-0359 Fax (970) 484-0454 www.terracon.com Terracon has completed geotechnical engineering exploration for the proposed Cache La Poudre Trail realignment southwest of Timberline Road and the Cache La Poudre River in Fort Collins, Colorado. This study was performed in general accordance with our proposal number D2008245 dated August 4, 2008. The results of our engineering study are attached. These results include the Boring Location Map, laboratory test results, Logs of Boring, and the geotechnical recommendations needed to aid in the design and construction of foundations and other earth connected phases of this project. Other design and construction recommendations, based upon geotechnical conditions, are presented in the report. We appreciate being of service to you in the geotechnical engineering phase of this project, and are prepared to assist you during the construction phases as well. Please do not hesitate to contact us if you have any questio oncerning this report or any of our testing, inspection, design and consulting service ap,DO L/C,�, Vp.0'p L. D;T.: O Sincerely, ,�� oy, TERRACON"CO.NSU TA TSs4�V208 =� 8/28/08 Raymond L. Denton, II, P.E. NA Geotechnical Department Manager Copies to: Addressee (5) /t 4"C--' Mike �LWalker, CET Manager of Construction Services Delivering Success for Clients and Employees Since 1965 More than 95.Offices Nationwide 1 Geotechnical Engineering Report Terracon Cache La Poudre Trail Realignment — Fort Collins, Colorado Terracon Project No. 20085057 preparation, and other geotechnical conditions exposed during the construction of the project. Site Preparation: Strip and remove existing vegetation from proposed trail alignment. Typically, stripped materials consisting of vegetation should be wasted from the site or used to revegetate landscaped areas. As previously outlined, based upon the subsurface conditions determined from the geotechnical exploration, subgrade materials exposed during construction are anticipated to be relatively unstable, particularly with increasing moisture content. Overexcavation and replacement with granular materials may be necessary or the use of geotextiles could also be .considered as a stabilization technique. Lightweight excavation equipment may be required to reduce subgrade pumping. Subgrade Stabilization (Alternative 1): At a minimum, subgrade materials beneath the trail should be scarified, moisture conditioned and compacted to a minimum depth of 8 inches. The moisture content and compaction of subgrade soils should be maintained until D slab or pavement construction. Based on previous experience, adding a thin "cap" layer of clayey material over the reconditioned lime material will enhance the performance of this option by reducing the amount moisture infiltration into the underlying materials. This option would provide the minimal acceptable amount of support for the trail and would likely provide poor support for construction traffic consisting of conventional concrete mixer trucks. Consideration may be given to utilizing lightweight placement equipment such as Georgia abuggies or similar transportation equipment in order to minimize/eliminate driving on the prepared subgrade with heavy equipment concrete trucks. I 0 d� Subgrade Stabilization (Alternative 2): A second alternative would be to remove approximately 12 to 18 inches of the existing sugar lime material and replace with a granular imported material such as Class 5 or 6 road base or a recycled concrete meeting Class 5 or 6 gradation specifications (City of Fort Collins Hoffman Mill recycled concrete pavement is acceptable). The subgrade materials beneath the base course should be scarified, moisture conditioned and compacted to a minimum depth of 8 inches and separated from the base course with a non -woven needle punched geotextile separation fabric. This alternative would provide increased subgrade support for construction traffic (including concrete trucks) and also provide more overall long term support and longevity for the trail section. Additional consultation with the geotextile supplier is recommended for selection of the applicable product. Subgrade Stabilization (Alternative 3): The third alternative would be to completely remove the sugar lime materials and replace with approved imported fill material. This option would provide the highest degree of subgrade support and require the least future 4O Geotechnical Engineering Report Cache La Poudre Trail Realignment — Fort Collins, Colorado Terracon Project No. 20085057 Terracon I maintenance. However, this option is likely cost prohibitive due the depth of the existing lime materials. Compliance: Recommendations for the trail construction presented depend upon compliance with recommended material specifications. To assess compliance, observation and testing should be performed under the direction of the geotechnical engineer. Trail Performance: Future performance of concrete pavements constructed on the sugar lime materials at the site will be dependent upon several factors, including: • maintaining stable moisture content of the subgrade soils. • providing for a planned program of preventative maintenance. Since the sugar lime materials on the site have hydro -collapsible characteristics, pavements could crack due to differential movement in the future primarily because of movement of the materials when subjected to an increase in moisture content to the subgrade. The cracking, while not desirable, does not necessarily constitute structural failure of the pavement. The performance of the trail can be enhanced by minimizing excess moisture which can reach the subgrade soils. The following recommendations should be considered at minimum: • site grading at a minimum 2 percent grade away from the trail. • the subgrade and the pavement surface should be sloped to promote proper surface drainage. • consider appropriate edge drainage. • install joint sealant and seal cracks immediately. Earthwork: Fill Materials and Placement: Clean on -site soils or approved imported materials may be used as fill material. Imported soils (if required) should conform to the following: Gradation 6"....................................................... 3"....................................................... No. 4 Sieve ........................................ No. 200 Sieve .................................... 2 Percent finer by weight (ASTM C136) ..........................................100 ..................................... 70-100 ..................................... 50-100 ..................................35 (max) 1 Geotechnical Engineering Report Terracon Cache La Poudre Trail Realignment — Fort Collins, Colorado Terracon Project No. 20085057 • Liquid Limit........................................................................................... 30(max) • Plasticity Index....................................................................................15 (max) • Maximum expansive potential (%)*..............................................................1.5 *Measured on a sample compacted to approximately 95 percent of the ASTM D698 maximum dry density at about 3 percent below optimum water content. The sample is confined under a 100 psf surcharge and submerged. Engineered fill should be placed and compacted in horizontal lifts, using equipment and procedures that will produce recommended moisture contents and densities throughout the lift. Recommended compaction criteria for engineered fill is 95 percent of the maximum dry density (ASTM D698). On -site sugar lime materials soils should be compacted within a moisture content range of 2 percent below to 2 percent above optimum. On -site sands and/or imported soils should be compacted within a moisture range of 3 percent below to 3 percent above optimum unless modified by the project geotechnical engineer. OCorrosion Protection: Results of soluble sulfate testing indicate that ASTM Type I Portland cement is suitable for all project concrete on and below grade. However, if there is 0 no (or minimal) cost differential, use of ASTM Type II Portland cement is recommended for additional sulfate resistance of construction concrete. Foundation concrete should be designed in accordance with the provisions of Section 318, Chapter 4, of the ACI Design OManual. OGENERAL COMMENTS Terracon should be retained to review the final design plans and specifications so comments a can be made regarding interpretation and implementation of our geotechnical recommendations in the design and specifications. Terracon should also be retained to provide testing and observation during the excavation, grading, foundation and construction phases of the project. A 0 U 1 The analysis and recommendations presented in this report are based upon the data obtained from the borings performed at the indicated locations and from other information discussed in this report. This report does not reflect variations that may occur between borings, across the site, or due to the modifying effects of weather. The nature and extent of such variations may not become evident until during or after construction. If variations appear, we should be immediately notified so that further evaluation and supplemental recommendations can be provided. The scope of services for this project does not include, either specifically or by implication, any environmental or biological (e.g., mold, fungi, bacteria) assessment of the site or identification or 7 Project: 7043 Poudre River Trail Relocation At Kingfisher Point Natural Area BID SCHEDULE (BASE BID) ADDENDUM #2 Bid items are described in Section 01800 BID ITEM # DESCRIPTION ESTIMATED QUANTITY UNIT ITEM UNIT PRICE TOTAL 1 Mobilization (5% max of total bid) 1 LS 2 Traffic Control 1 LS 3 Erosion Control 1 LS 4 Surveying 1 LS 5 Temporary Fence - Limits of disturbance 1 LS 6 Remove Asphalt 17,338 SF 7 Remove Concrete 400 SF 8 Unclassified Excavation 2,349 CY 9 Geotextile Stabilization Fabric 2,819 SY 10 A.B.C. Class 5/6 (C.I.P.) 3,053 TN 11 5" Colored Concrete Paving 21,350 SF 12 Landscape Restoration 119,723 SF 13 Drill Seeding 119,723 SF TOTAL OF BASE BID $ TOTAL IN WORDS Section 00300 11 ' 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any 1 and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if ' OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability ' or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures 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. Rev 10/20/07 Section 00100 Page 7 Geotechnical Engineering Report Terracon Cache La Poudre Trail Realignment — Fort Collins, Colorado Terracon Project No. 20085057 prevention of pollutants, hazardous materials or conditions. If the owner is concerned about the potential for such contamination or pollution, other studies should be undertaken. This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranties, either express or implied, are intended or made. Site safety, excavation support, and dewatering requirements are the responsibility of others. In the event that changes are planned in the nature, design, or location of the project as outlined in this report, the conclusions and recommendations contained in this report shall not be e considered valid unless Terracon reviews the changes, and either verifies or modifies the conclusions of this report in writing. I K n rl 1 --- MO M Z � o_ � o v cn z o m$ N �o Oho V VJ � �N m a Owl m =� N na — oN= r � o m 0 g o D r O C=m o D T D m c o m C o o o D o mm m O Z �<m O mmC, r C, ; z O 0 0 n D 0 m O o,F z o p m Dm r- z +� m Z 0 m z 7 0 m DO a mz o0 x m m O X z r O D O z U) APPENDIX A lrprr.=,irnn 11 1 LOG OF BORING NO. 1 Page 1 of 1 CLIENT ARCHITECT / ENGINEER City of Fort Collins SITE Timberline Rd & Cache La Poudre River PROJECT Fort Collins, Colorado Poudre River Trail Realignment Boring Location: 13T 0496787 4491947 SAMPLES TESTS DESCRIPTION °0 ° > CL °w U _ _ W W > fA z XW ~ Z LL ~ ZZ < a. U a UU O ~z Q } Uof 0 D Z X co �UU O n Z)(D 0.5 TOPSOIL FILL, SUGAR LIME 1 RS 12" 3 8 54 Very soft to stiff,dry, tannish white SM 2 RS 12" 10 20 56 5 8 SILTY SAND WITH GRAVEL Dense to very dense, reddish brown to black, cemented lens/cobbles at 9.5 to 10.0 SM 3 SS 18" 64 2 feet 10 SM 4 SS 18" 45 8 . 15 15 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft � rerraconRIGBORING BORING STARTED 8-8-08 4 DRY WD 1 DCI @ 8.0 COMPLETED 8-8-08 L CME-55 FOREMAN PG Initial Water Level Reading APPROVED RLD JOB # 20085057 LOG OF BORING NO. 2 Page 1 of 1 CLIENT ARCHITECT / ENGINEER City of Fort Collins SITE Timberline Rd & Cache La Poudre River PROJECT Fort Collins, Colorado Poudre River Trail Realignment SAMPLES TESTS DESCRIPTION Co > w n w U > W Z ~ LL(~7 �Q WM Q of ~ m D w O W _ wH = w OW Z� �U U LLU 0 (n D Z }a 1- X Co ap U v 0 a D rn of o to TOPSOIL FILL, SUGAR LIME 1 RS 12" 6 7 58 Medium stiff, dry, tannish white 4 1.5% SILT to SILTY SAND WITH GRAVEL SM 2 RS 12" 7 6 94 Loose to dense, reddish brown to greyish 150psf black organics at 14 feet 5 SM 3 SS 18" 41 4 10 SM 4 SS 18" 36 20 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 8-8-08 WL 4 DRY WD 1 DCI @ 8.3 ING CO DFOREMAN 8-8 8PG WL -7Q RIG CME 55 WL Initial Water Level Reading APPROVED RLD JOB # 20085057 J IJ 1 LOG OF BORING NO. 3 Page 1 of 1 CLIENT ARCHITECT / ENGINEER City of Fort Collins SITE Timberline Rd & Cache La Poudre River PROJECT Fort Collins, Colorado Poudre River Trail Realignment SAMPLES TESTS DESCRIPTION °0° > CL °w f W U _ = rn W W > Z �W ~ Z z~ Zw JOf X W a W_ N� 0 Cn z W D_' _j co Q0 � U of 0 n Z� D W o In 0.5 TOPSOIL 0.5% FILL, SUGAR LIME 1 RS 12" 6 3 73 Medium stiff, dry, tannish white 150psf 2 SILTY SAND WITH GRAVEL Loose to very dense, reddish brown to grey/black at 13 feet SM 2 RS 12" 12 3 103 5 SM 3 SS 18" 53 4 10 4. SM 4 $S 18" 44 7 15 15 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 8-8-08 WL Q DRY WD 1 DCI @ 9.0 BORING COMPLETED 8-8-08 WL 711rerraconiRIG CME-551 FOREMAN PG WL Initial Water Level Reading APPROVED RLD JOB # 20085057 LOG OF BORING NO. 4 Page 1 of 1 CLIENT ARCHITECT / ENGINEER City of Fort Collins SITE Timberline Rd & Cache La Poudre River PROJECT Fort Collins, Colorado Poudre River Trail Realignment Boring Location: 13T 0496261 4491903 SAMPLES TESTS O DESCRIPTION O 00 S } o 1— 3: O a z: U N w w Z Z z0 a U 2 a 00 O wZ } OUof C� W O fn M Z W Co�U 0 of i� O a Z H D(n 0.5 TOPSOIL FILL, SUGAR LIME 1 RS 12" 10 9 61 Stiff, dry, tannish white 3 SILTY SAND WITH GRAVEL Medium dense, reddish brown Z. SM 2 RS 12" 26 2 5 SM 3 SS 18" 35 20 10 Z. ]:A': SM 4 SS 18" 40 21 15 15 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 8-8-08 WL � DRY WD = DCI @ 7.3 RING C DFOREMAN 8-8PG WL13Z RIG CME 55 WL Initial Water Level Reading APPROVED °RLD JOB # 20085057 1 F F z 11 W -10 L_ 100 1,000 PRESSURE, psf 10,000 Specimen Identification Classification Y" pcf WC,% • 2 4.0ft SILT with SAND(ML) 94 6 Notes: SWELL CONSOLIDATION TEST Project: Poudre River Trail Realignment Irerraccin Site: Timberline Rd & Cache La Poudre River Fort Collins, Colorado Job #: 20085057 4 2 o -2 z U) J _Q -4 -6 -8 -10 100 1,000 10,000 . PRESSURE, psf 0 N 0 Z Specimen Identification Classification Yd, pcf WC,% • 3 0.5ft FILL, SUGAR LIME 73 3 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 to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires .that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. Rev 10/20/07 Section 00100 Page 8 60 50 CL CH P L A 40 s T I C T 30 Y I N 20 D E X 10 ML MH CL-ML 20 40 60 80 100 LIQUID LIMIT Specimen Identification LL PL PI %Fines Classification • 1 0.5ft NP NP NP 95 FILL, SUGAR LIME m 2 4.0ft NP NP NP 77 SILT with SAND(ML) Irerracon ATTERBERG LIMITS RESULTS Project: Poudre River Trail Realignment Site: Timberline Rd & Cache La Poudre River Fort Collins, Colorado Job #: 20085057 J 1 1 1 I=...' 130 125 120 115 110 105 U d H w 3: 100 o 95 90— 85 Source of Material 0-4 Composite 3.Oft Description of Material FILL, SUGAR LIME � ` \ Test Method ASTM D698 Method A ` TEST RESULTS \ ` Maximum (optimum) Dry Unit Weight 79.5 PCF Optimum Water Content 33.0 % \ ATTERBERG LIMITS ` LL PL PI Cures of 100% Saturation for Specific Gravity Equal to: ` 2.80 ---------- 2.70 ------ 2.60 \ \ 80 75 ##1-1-1-- 70 10 15 20 25 30 35 40 45 WATER CONTENT, % Irerracon MOISTURE -DENSITY RELATIONSHIP Project: Poudre River Trail Realignment Site: Timberline Rd & Cache La Poudre River Fort Collins, Colorado Job #: 20085057 Date: Sheet 1 of 1 Borehole Depth ft Liquid Limit Plasticity Index ° <#200 /o Sieve Water Soluble Sulfates AASHTO Class- ification USCS Class- ification Water Content N Dry Unit Weight (pcf) Swell (%)/ Surcharge (psf) Unconfined Comp. Strength 1 0.5 NP 0 95 A-4 ML 8.3 54.4 1 4.0 19.8 56.4 1 9.0 1.7 1 14.0 7.5 2 0.5 7.1 57.8 2 4.0 NP 0 77 A-4 ML 5.9 93.5 1.5/150 2 9.0 3.6 2 14.0 20.2 3 0.5 3.5 72.8 0.5/150 3 4.0 3.5 103.4 3 9.0 3.6 3 14.0 7.3 4 0.5 9.0 61.4 4 4.0 1.6 4 9.0 19.8 4 14.0 21.1 Irerracon SUMMARY OF LABORATORY RESULTS Project: Poudre River Trail Realignment Site: Timberline Rd &Cache La Poudre River Fort Collins, Colorado Job #: 20085057 1 J u 1 GENERAL NOTES DRILLING & SAMPLING SYMBOLS: SS: Split Spoon - 1 3/8" I.D., 2" O.D., unless otherwise noted HS: Hollow Stem Auger ST: Thin -Walled Tube - 2" O.D., unless otherwise noted PA: Power Auger RS: Ring Sampler - 2.42" I.D., 3" O.D., unless otherwise noted HA: Hand Auger DB: Diamond Bit Coring - 4", N, B RB: Rock Bit BS: Bulk Sample or Auger Sample WB: Wash Boring or Mud Rotary The number of blows required to advance a standard 2-inch O.D. split -spoon sampler (SS) the last 12 inches of the total 18-inch penetration with a 140-pound hammer falling 30 inches is considered the "Standard Penetration" or "N-value". For 3" O.D. ring samplers (RS) the penetration value is reported as the number of blows required to advance the sampler 12 inches using a 140- pound hammer falling 30 inches, reported as "blows per foot," and is not considered equivalent to the "Standard Penetration" or "N- value'. WATER LEVEL MEASUREMENT SYMBOLS: WL: Water Level WS: While Sampling WCI: Wet Cave in WD: While Drilling DCI: Dry Cave in BCR: Before Casing Removal AB: After Boring ACR: After Casing Removal Water levels indicated on the boring logs are the levels measured in the borings at the times indicated. Groundwater levels at other times and other locations across the site could vary. In pervious soils, the indicated levels may reflect the location of groundwater. In low permeability soils, the accurate determination of groundwater levels may not be possible with only short-term observations. DESCRIPTIVE SOIL CLASSIFICATION: Soil classification is based on the Unified Classification System. Coarse Grained Soils have more than 50% of their dry weight retained on a #200 sieve; their principal descriptors are: boulders, cobbles, gravel or sand. Fine Grained Soils have less than 50% of their dry weight retained on a #200 sieve; they are principally described as clays if they are plastic, and silts if they are slightly plastic or non -plastic. Major constituents may be added as modifiers and minor constituents may be added according to the relative proportions based on grain size. In addition to gradation, coarse -grained soils are defined on the basis of their in -place relative density and fine-grained soils on the basis of their consistency. FINE-GRAINED SOILS COARSE -GRAINED SOILS BEDROCK LJ ISS) (RS) (SS) Relative JRS) L51 Blows/Ft. Blows/Ft. Consistency Blows/Ft. Blows/Ft. Density Blows/Ft. Blows/Ft. Consistency < 3 0-2 Very Soft 0-6 < 3 Very Loose < 30 < 20 Weathered 3-4 3-4 Soft 7-18 4-9 Loose 30-49 20-29 Firm 5-9 5-8 Medium Stiff 19-58 10-29 Medium Dense 50-89 30-49 Medium Hard 10-18 9-15 Stiff 59-98 30-50 Dense 90-119 50-79 Hard 19-42 16-30 Very Stiff > 98 > 50 Very Dense > 119 > 79 Very Hard > 42 > 30 Hard RELATIVE PROPORTIONS OF SAND AND GRAIN SIZE TERMINOLOGY GRAVEL Descriptive Terms of Percent of Maior Component Other Constituents Dry Weight of Sample Particle Size Trace < 15 Boulders Over 12 in. (300mm) With 15 — 29 Cobbles 12 in. to 3 in. (300mm to 75 mm) Modifier > 30 Gravel 3 in. to #4 sieve (75mm to 4.75 mm) Sand #4 to #200 sieve (4.75mm to 0.075mm) Silt or Clay Passing #200 Sieve (0.075mm) RELATIVE PROPORTIONS OF FINES PLASTICITY DESCRIPTION Descriptive Terms of Percent of Other Constituents Dry Weight Term Plasticity Index Trace < 5 Non -plastic 0 With 5-12 Low 1-10 Modifiers > 12 Medium 11-30 High 30+ Irerracon n D J UNIFIED SOIL CLASSIFICATION SYSTEM Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests" Coarse Grained Soils Gravels Clean Gravels Cu z 4 and 1 s Cc <- 3E More than 50% retained More than 50% of coarse Less than 5% fines` Cu < 4 and/or 1 > Cc > 3E fraction retained on on No. 200 sieve No. 4 sieve Gravels with Fines More Fines classify as ML or MH than 12% fines` Fines classify as CL or CH Sands Clean Sands Cu z 6 and 1 s Cc s 3E 50% or more of coarse Less than 5% fines° Cu < 6 and/or 1 > Cc > 3E fraction passes No. 4 sieve Sands with Fines Fines classify as ML or MH More than 12% fines' Fines classify as CL or CH Fine -Grained Soils Silts and Clays inorganic PI > 7 and plots on or above "A" line' 50% or more passes the Liquid limit less than 50 PI < 4 or plots below "A" line' No. 200 sieve organic Liquid limit - oven a_;,,,, <0.75 ' Highly organic soils r ll Liquid limit - not dried Silts and Clays inorganic PI plots on or above "A" line Liquid limit 50 or more PI plots below "A" line organic Liquid limit - oven dried Liquid limit - not dried Primarily organic matter, dark in color, and organic odor "Based on the material passing the 3-in. (75-mm) sieve B If field sample contained cobbles or boulders, or both, add 'With cobbles or boulders, or both" to group name. °Gravels with 5 to 12% fines require dual symbols: GW-GM well graded gravel with silt, GW-GC well graded gravel with clay, GP -GM poorly graded gravel with silt, GP -GC poorly. graded gravel with clay. °Sands with 5 to 12% fines require dual symbols: SW-SM well graded sand with silt, SW -SC well graded sand with clay, SP-SM poorly graded sand with silt, SP-SC poorly graded sand with clay z ECu = D6o/Dj0 Cc = D30 Dio x Do F If soil contains >- 15% sand, add "with sand" to group name. cif fines classify as CL-ML, use dual symbol GC -GM, or SC-SM. 60 5o a W 40 O Z } 30 N U g20 a 10 7 4 0 Soil Classification Group Symbol Group Name' GW Well graded gravel' GP Poorly graded gravel' GM Silty gravel'," GC Clayey gravel"" SW SP Well graded sand' Poorly graded sand' SM Silty sand SC Clayey sander"' CL Lean clay'`"" ML Silt"•`•"' OL Organic clay`^'" Organic silt'•""O CH Fat clay 1 MH Elastic silt'.`." <0.75 OH Organic clay `"' Organic siltKLA° PT Peat "If fines are organic, add 'With organic fines" to group name. ' If soil contains >- 15% gravel, add 'With gravel" to group name. J If Atterberg limits plot in shaded area, soil is a CL-ML, silty clay. "If soil contains 15 to 29% plus No. 200, add 'With sand" or'With gravel," whichever is predominant. If soil contains >- 30% plus No. 200 predominantly sand, add "sandy" to group name. "'If soil contains >- 30% plus No. 200, predominantly gravel, add "gravelly" to group name. "PI >- 4 and plots on or above "A" line. °PI < 4 or plots below "A" line. P PI plots on or above "A" line. °PI plots below "A" line. For classification of fine-grained I i soils and fine-grained fraction ! `of coarse -grained soils ��pe: V Equation of •A" -line J ,�� �P Horizontal at PI=4 to LL=25.5. %I then P1=0.73 (LL-20) — -- - -- Q� — — I - --- r--- -"� Equation of 'U" -line °� i , J` Vertical at LL=16 to PI=7, G� I I then PI_0.9 (LL-B) - � I � MH or OH ML or OL I i L J_ ( i I 0 10 16 20 30 40 50 60 70 80 90 LIQUID LIMIT (LL) 100 110 Irerracon ROCK CLASSIFICATION (Based on ASTM C-294) Sedimentary Rocks Sedimentary rocks are stratified materials laid down by water or wind. The sediments may be composed of particles or pre-existing rocks derived by mechanical weathering, evaporation or by chemical or organic origin. The sediments are usually indurated by cementation or compaction. Chert Very fine-grained siliceous rock composed of micro -crystalline or cyrptocrystalline quartz, chalcedony or opal. Chert is various colored, porous to dense, hard and has a conchoidal to splintery fracture. Claystone Fine-grained rock composed of or derived by erosion of silts and clays or any rock containing clay. Soft massive and may contain carbonate minerals. Conglomerate Rock consisting of a considerable amount of rounded gravel, sand and cobbles with or without interstitial or cementing material. The cementing or interstitial material may be quartz, opal, calcite, dolomite, clay, iron oxides or other materials. Dolomite A fine-grained carbonate rock consisting of the mineral dolomite [CaMg(CO3)21. May contain noncarbonate impurities such as quartz, chert, clay minerals, organic matter, gypsum and sulfides. Reacts with hydrochloric acid (HCL). Limestone A fine-grained carbonate rock consisting of the mineral calcite (CaCO3). May contain noncarbonate impurities such as quartz, chert, clay minerals, organic matter, gypsum and sulfides. Reacts with hydrochloric acid (HCL). Sandstone Rock consisting of particles of sand with or without interstitial and cementing materials. The cementing or interstitial material may be quartz, opal, calcite, dolomite, clay, iron oxides or other material. Shale Fine-grained rock composed of or derived by erosion of silts and clays or any rock containing clay. Shale is hard, platy, of fissile may be gray, black, reddish or green and may contain some carbonate minerals (calcareous shale). Siltstone Fine grained rock composed of or derived by erosion of silts or rock containing silt. Siltstones consist predominantly of silt sized particles (0.0625 to 0.002 mm in diameter) and are intermediate rocks between claystones and sandstones and may contain carbonate minerals. I re 1 I I I LABORATORY TEST SIGNIFICANCE AND PURPOSE TEST SIGNIFICANCE PURPOSE California Bearing Used to evaluate the potential strength of subgrade soil, Pavement Thickness Ratio subbase, and base course material, including recycled Design materials for use in road and airfield pavements. Consolidation Used to develop an estimate of both the rate and amount of Foundation Design both differential and total settlement of a structure. Direct Shear Used to determine the consolidated drained shear strength Bearing Capacity, of soil or rock. Foundation Design, and Slope Stability Dry Density Used to determine the in -place density of natural, inorganic, Index Property Soil fine-grained soils. Behavior Expansion Used to measure the expansive potential of fine-grained Foundation and Slab soil and to provide a basis for swell potential classification. Design Gradation Used for the quantitative determination of the distribution of Soil Classification particle sizes in soil. Liquid & Plastic Limit, Used as an integral part of engineering classification Soil ClassiFcation Plasticity Index systems to characterize the fine-grained fraction of soils, and to specify the fine-grained fraction of construction materials. Permeability Used to determine the capacity of soil or rock to conduct a Groundwater Flow liquid or gas. Analysis pH Used to determine the degree of acidity or alkalinity of a Corrosion Potential soil. Resistivity Used to indicate the relative ability of a soil medium to carry Corrosion Potential electrical currents. R-Value Used to evaluate the potential strength of subgrade soil, Pavement Thickness subbase, and base course material, including recycled Design materials for use in road and airfield pavements. Soluble Sulphate Used to determine the quantitative amount of soluble Corrosion Potential sulfates within a soil mass. Unconfined To obtain the approximate compressive strength of soils Bearing Capacity Compression that possess sufficient cohesion to permit testing in the Analysis for unconfined state. Foundations Water Content Used to determine the quantitative amount of water in a soil Index Property Soil mass. Behavior Irerracon REPORT TERMINOLOGY (Based on ASTM D653) Allowable Soil The recommended maximum contact stress developed at the interface of, the foundation Bearing Capacity element and the supporting material. Alluvium Soil, the constituents of which have been transported in suspension by flowing water and subsequently deposited by sedimentation. Aggregate Base A layer of specified material placed on a subgrade or subbase usually beneath slabs or Course pavements. Backfill A specified material placed and compacted in a confined area. Bedrock A natural aggregate of mineral grains connected by strong and permanent cohesive forces. Usually requires drilling, wedging, blasting or other methods of extraordinary force for excavation. Bench A horizontal surface in a sloped deposit. Caisson (Drilled A concrete foundation element cast in a circular excavation which may have an enlarged Pier or Shaft) base. Sometimes referred to as a cast -in -place pier or drilled shaft. Coefficient of A constant proportionality factor relating normal stress and the corresponding shear stress Friction at which sliding starts between the two surfaces. Colluvium Soil, the constituents of which have been deposited chiefly by gravity such as at the foot of a slope or cliff. Compaction The densification of a soil by means of mechanical manipulation Concrete Slab -on- A concrete surface layer cast directly upon a base, subbase or subgrade, and typically used Grade as a floor system. Differential Unequal settlement or heave between, or within foundation elements of structure. Movement Earth Pressure The pressure exerted by soil on any boundary such as a foundation wall. ESAL Equivalent Single Axle Load, a criteria used to convert traffic to a uniform standard, (18,000 pound axle loads). Engineered Fill Specified material placed and compacted to specified density and/or moisture conditions under observations of a representative of a geotechnical engineer. Equivalent Fluid A hypothetical fluid having a unit weight such that it will produce a pressure against a lateral support presumed to be equivalent to that produced by the actual soil. This simplified approach is valid only when deformation conditions are such that the pressure increases linearly with depth and the wall friction is neglected. Existing Fill (or Materials deposited throughout the action of man prior to exploration of the site. Man -Made Fill) Existing Grade The ground surface at the time of field exploration. Irerra I 1 REPORT TERMINOLOGY (Based on ASTM D653) Expansive The potential of a soil to expand (increase in volume) due to absorption of moisture. Potential Finished Grade The final grade created as a part of the project. Footing A portion of the foundation of a structure that transmits loads directly to the soil. Foundation The lower part of a structure that transmits the loads to the soil or bedrock. Frost Depth The depth at which the ground becomes frozen during the winter season. Grade Beam A foundation element or wall, typically constructed of reinforced concrete, used to span between other foundation elements such as drilled piers. Groundwater Subsurface water found in the zone of saturation of soils or within fractures in bedrock. Heave Upward movement. Lithologic The characteristics which describe the composition and texture of soil and rock by observation. Native Grade The naturally occurring ground surface. Native Soil Naturally occurring on -site soil, sometimes referred to as natural soil. Optimum Moisture The water content at which a soil can be compacted to a maximum dry unit weight by a Content given compactive effort. Perched Water Groundwater, usually of limited area maintained above a normal water elevation by the presence of an intervening relatively impervious continuous stratum. Scarify To mechanically loosen soil or break down existing soil structure. Settlement Downward movement. Skin Friction (Side The frictional resistance developed between soil and an element of the structure such as a Shear) drilled pier. Soil (Earth) Sediments or other unconsolidated accumulations of solid particles produced by the physical and chemical disintegration of rocks, and which may or may not contain organic matter. Strain The change in length per unit of length in a given direction. Stress The force per unit area acting within a soil mass. Strip To remove from present location. Subbase A layer of specified material in a pavement system between the subgrade and base course. Subgrade The soil prepared and compacted to support a structure, slab or pavement system. ,I re 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. Rev 10/20/07 END OF SECTION Section 00100 Page 9 ---- — — ---- I --------- Ln x tit 2 ih 00 SNU ill'i n j LL 11 !2. .8 cc, Of. 1u: Z. 'o OD to LL. u Z. W 0 u u O� guo8z LL a u " uz 6.., 0 a:• w . zo W 'w 0' o iu, W -7 o w o „U,� Ld .... z 'u U) W F. 0 < Z Z Z LL. — 1 0 0 U) 0, 0� (L Z 'o z W 0 D O.,� zo. 0 F¢wm NFU .0' L — 0� z� o. �, po Z Z 0 Z 0) IL 3,: .0 �o " J 0 X U 0 'Oj .1 away z uw J 0 LL 0 04 I III foal LL 0�< u w LL. =03: 0 0 oz w 0 CY u R Z w w La W > I rx j LLI Z w x 0E- z a. z . a. W1 u to OW J 0 8 i �Es 60 LL�— F ii j O JOKE RNE_R y�' go +' J I ` \ 1 \ a� \ r � 8 N a U f N \ `'g F� 8 N O �5{ U i x� [NJ H p F F."F F leg l ,rrlll . 11 l l 1 /- r/ ;fie ► �s I , to I I / 1 \ 1 .1 / / • ay3. "az 1 j / 4 Y gi a EE J is 00;, hCl r,S 3ml H]lrn� - — — — �— — — — — — — — — — — — 3NIlH3lVVi ...... ..... - -. --- ............ - -- - oo_ ;b _a RA8 o s gh 6com » •'� #MA Fig 1�' ', `� I • , iA v � i . °� I, ��'• I I' asg I I A F �b I 'QI•: 1 - I I I 3NIIHDIVY4 e 1 $8 4[ 3 ' OR�02 }I�LLY15 3}nl Wlvn I • 1 `J ' 1 1 `1 _ _ _ _ / b 1331 33S 00+91 V1S 3NIlH01VW 1H018 33S 00+91 ViS 3NIlHZ)iVY1 CIE p }+e` .y✓"cv Y�✓�'Fh — ♦ \' " OL,CI WLLVIS 3M� Wlvil \ ` \ `� \ jNl IHJ1tlY4 allW 9 ar+ E _U l`FF5 ip s. fp 3 i<g a i1 c p 141 a R M FXN 3 a x 11 No Text e s N C awx € SM1e o ! a m } u ) | | ul. 6 \2 m�121 SECTION 00300 BID FORM 0 0 0 0 0 0 Ln g LL H H il 1 I 0 / _ s$ q ! —u � ; \ \ ��k� \ ! J / i ! • gi/ ir� 7§§ Fo iL ' SECTION 00300 BID FORM ' PROJECT: 7043 Poudre River Trail Relocation at Kingfisher Point Natural Area Place Fort Collins ' Date June 24, 2009 1. In compliance with your Invitation to Bid dated ,T„np 1, 20_09 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 t pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be ' done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of Five Percent ' ($ w ) in accordance with the Invitation To Bid and Instructions to Bidders. ' 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the ' award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: Employers Mutual Casualty Co P.O. Box 712 Des Moines, IA .50303 ' S. 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. I 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through 2 IRev 10/20/07 Section 00300 Page 1 Project: 7043 Poudre River Trail Relocation At Kingfisher Point Natural Area BID SCHEDULE (BASE BID) ADDENDUM #2 Bid items are described in Section 01800 BID ITEM # DESCRIPTION ESTIMATED UNIT ITEM QUANTITY UNIT PRICE TOTAL 1 Mobilization (5% max of total bid) 1 LS 8860.00 2 Traffic Control 1 LS 3900.00 3 Erosion Control 1 LS 4850.00 4 Surveying 1 LS 3850,00 5 Temporary Fence - Limits of disturbance 1 LS 1600.00 6 Remove Asphalt 17,338 SF .53 7 'Remove Concrete 400 SF 2.00 8 Unclassified Excavation 2,349 CY 5.30 9 Geoteztile Stabilization Fabric 2,819 SY 1.90 10 A.B.C. Class 5/6 (C.I.P.) 3,053 TN 13.00 11 5" Colored Concrete Paving 21,350 SF 2.82 12 Landscape Restoration 119,723 SF 18 13 Drill Seeding 119,723 SF .10 �1 3,900.00 4,850.00 3,850.00 1,600.00 9,189.14 800.00 12,449.70 5,356.10 39,689.00 60,207.00 21.550.14 11,972.30 TOTAL OF BASE BID $ 184,273.38 $ ONE HUNDRED EIGHTY FOUR THOUSAND TWO HUNDRED SEVENTY THREE DOLLARS & THIRTY EIGHT CENT; TOTAL IN WORDS Section 00300 ' 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the ' Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so .long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Don Kehn Construction, Inc. CONTRACTOR BY: Dan Kehn Signature June 24, 2009 Date Vice -President Title ,Lic'ense Number (If Applicable) If Bid is by corporation) ' P -,Att6st r ,'Address 6550 South County Road 5 Ft. Collins, CO 80528 „f.. Telephone 970-226-4111 Email kehn@longspeak.net 1 Rev 10/20/07 Section 00300 Page 3 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Rev 10/20/07 ISECTION 00410 ' KNOW ALL MEN BID BOND EX THESE PRESENT'S: that we, the undersigned Don Kehn Construction Inc. as Principal, and*ac Surety, are hereby held and firmly bound unto the. City of Fort Collins, Colorado, an owNRR, in the sum of $ Five Percent of Amount'" 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 Lhe Principal hashe submitted to tCity 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., 7043 Poudre .Trail Relocation at kingfisher...Point Natural A -ea. NOW THEREFORE, t(a) if said Bid shall be rejected, or (b) Ii said Bid shall be accepted and- •-the;-Princip al, -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 authori2ed to transact business in the State of Colorado and be accepted by the OWNER_ ' "Employers Mutual CasualtyCompany P Y " Bid.(5%) REV 10/20/07 Soction 00410 Page 1 I IN WITNESS W2=ER.EOP, the Principal and the Surety, have hereunto set their hands and seals this 22nd day of June f 2009, and such of them as are corporations• liave caused their corporate seals Co be hereto affixed and these presents to be signed by then• proper OEf i cers, the day and year first set forth above, PRINCIPAL Name: Don Kehn Construction, Inc. Address: 6550 S. County Road 5 Fort Collins, CO 80528 By: C_I w�.- Title: Rev 10/20/07 SURETY Employers Mutual Casualty Company P.O. Box 712 Dess� Moines, IA 50303 Title: Florietta Acosta, Attorney -In -Fact Section 00410 Page 2 DIVISION 1 ADDENDUM #2 SECTION 01800 — DEFINITION OF BID ITEMS ' The following items describe the scope of work for this contract and are further clarified through limit -of -work boundary notes on the drawings and specifications. The work described in each Bid Item may contain work from one or several technical specification sections. Contractor shall refer to the technical specifications that apply to the individual components. ' Bid Item 1 — Mobilization This work includes the mobilization of personnel, equipment and supplies at the project site in preparation for work on the project, as well as the establishment of the Contractor's offices, buildings and other necessary facilities, and ' all other costs incurred or labor and operations which must be performed prior to beginning the other items under the Contract. This item shall also include marshalling, disassembly and security of all items indicated on the plans or specifications. Payment will be made as Work progresses. Payment for this item will follow in accordance with CDOT Standard Specifications for Road and Bridge Construction, Section 626. The total amount for mobilization shall not exceed five percent (5%) of the total bid. Bid Item 2 — Traffic Control ' Contractor shall furnish all labor, materials and equipment for completion of approved traffic control plan(s) by a City of Fort Collins approved Traffic Control Company. This includes furnishing, installing, and maintaining traffic control for the duration of the trail project. The trail may be closed Monday through Friday, but must be open for ' full trail use on Saturdays and Sundays. Bid Item 3 — Erosion Control Contractor shall install and maintain erosion control items during construction in accordance with the Drawings and ' Specifications including, but not limited to Sections 107 and 208 of the most current CDOT Road & Bridge Construction Manual, construction entrance, silt fence, concrete washout, bales, etc. A State Health Department "Fugitive Dust" permit may be required and will be the Contractor's responsibility to obtain. All costs, of any kind, for dust control will be associated with this item ONLY. Contractor should have a water truck available at ALL ' TIMES in order to address immediate response needs for dust control. Dust control requirements will be strictly enforced. Bid Item 4 — Surveying ' Contractor shall furnish a professional land surveyor, licensed in the State of Colorado for construction staking and for AS -BUILT verification of grades as stated in the specifications and drawings including, but not limited to, Section 01000, 1.16. Contractor shall submit a schedule of values for all surveying to be performed in accordance ' with the Drawings and Specifications prior to the preconstruction conference. Bid Item 5 — Temporary Fence — Limits of Disturbance Contractor shall furnish all labor, materials, and equipment for the installation, maintenance, and removal of ' temporary fencing along all limits of disturbance as shown on the drawings. Temporary fencing shall consist of metal "T"-posts installed at all comers and spaced no greater than 50' apart with a single smooth wire attached- near the top. The fence must be installed prior to any other construction, maintained during and removed at the completion of the project. ' Bid Item 6 — Remove Asphalt Contractor shall furnish all labor, materials and equipment for the demolition of asphalt up to 8" thick as shown on ' the plans or approved in the field. Demolition shall include removal, hauling and disposal. Bid Item 7 — Remove Concrete Contractor shall furnish all labor, materials and equipment for the demolition of concrete up to 8" thick as shown on ' the plans or approved in the field. Demolition shall include removal, hauling and disposal. ' City of Fort Collins Section 01800 - Definition of Bid Items Park Planning & Development Division Page 1 of 2 ®EMCInsurance Companies., P.O. Box 712 • Des Moines, Iowa 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation S. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: Florietta Acosta its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: Surety Bond Number ; Bid Bond Principal : Don Kehn Construction, Inc. Obligee City of Fort Collins, Colorado and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duty authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duty called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey-in-fact at any time and revoke the power and authority given to him or her. Atiomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 511h day of January, 2009. Seals 1V AL �Ns WJTUq G� "' �•y RUTA 1CRUMINS Commission Number 176255 IFS URA ` Q My Comm. Esp. 5e Lu, = M IN -S, 4-a .6! Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 JV7 Jeffrey S. girdsley Assistant Secretary On this 5th day of January, AD 2009 before me a Notary Public In and for the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S. Birdsley, who, being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires September 30, 20D9. CERTIFICATE Notary Public in and for the State of Iowa I, David L Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 5th day of January, 2009, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 22nd day of June 2009 Vice President ' 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: Don Kehn Construction. Inc. ' 2. Permanent main office address: _ 6550 South County Rd. 5 Ft Collins, CO 80528 3. When organized: 1965 ' 4. If a corporation, where incorporated: Colorado ' 5. How many years have you been engaged in the contracting business under your present firm or trade name? 44 Years. 6. Contracts on hand: (Schedule these, showing the amount of each ' contract and the appropriate anticipated dates of completion.) 304,018.81 Travis Road Realighment - Larimer County June 30 2009 $164,531.60 Drake Road Widening City of Ft Collins June 30 2009 ' $265.000,00 Cheyenne Combined Labs G H Phipps Co Sept 30 2009 ' 7. General character of Work performed by your company: Earthwork, Asphalt Paving Utilities Rotomilling Concrete curb & gutter. ' 8. Have you ever failed to complete any Work awarded to you? NO If so, where and why? 9. Have your ever defaulted on a contract? NO If so, where and why? 10. Are you debarred by any government agency? NO ' If yes list agency name. 11 I Rev 10/20/07 Section 00420 Page 1 ll. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. _City of Ft. Collins E. Prospect Grdg Paving, Uitl $3,883,196 00 4/07 .Larimer County - County Rd 5 Grdg, Paving, Util 645 024 00 7/08 Jacnhv Fnrms - Windsor Grdg, Paving, Milling 1,296,639.00 12/08 JL Ranch - Cheyenne Grdg, Pvg, Util, & Conc. 1,665,561.00 12/08 12. List your major equipment available for this contract. See Attached List. 13. Experience in construction Work similar in importance to this project: Same as #11 14. Background and experience of the principal members of your organization, including officers: Don Kehn. President Highway & Heavy Construction 49 Years Dan Kehn Vice -President Highway & Heavy Construction 29 Years 15. Credit available: $ As RpQui red, 16. Bank reference: Chase Ranh Rit-a Gj a cep, Off-i rar 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?_ Yes If yes, in what city, county and state?Ft. Collins. Larimer Colo What class, license and numbers? 19. Do you anticipate subcontracting Contract?_ YPG If yes, what percent of total contract? and to whom? Work under this 21, Are any lawsuits pending against you or your firm at this time? NO ' IF yes, DETAIL n Rev 10/20/07 Section 00420 Page 2 ' 21. What are the limits of your public liability? DETAIL 1,000,000.00 Per Occurance $2 000 000 00 Aggregate ' What company? Zurich American Insurance 22. What are your company's bonding limitations? $8,000,000.00 Per Project $15 000 000 00 Aggregate 23. The hereby undersigned 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 Fort Collins this 24th day of June 20__Q9 Don Kehn Construction, Inc. Name of Bid er 1 By �l Q Title: Vice -President ' State of Colorado County of I,ari mPr Dan Kehn being duly sworn deposes and says that he is Vice -President of Don Kehn Construction, Inc. and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. ' Subscribed and sworn to before me this 24th day of June 2009• ' otary Pub is P. 0. Box 1125 Wellington, CO 80549 My commission expires _November 27, 2011 1 1 Rev10/20/07 Section 00420 Page 3 1oiiro7 1onro7 Unit Unit No.. Vehicle No. Vehicle ' 1001 1002 83 Fruehauf Utility Van Trailer 80 Great Dane Dry Van Trailer 1510 77 Mack Tandem Dump 1511 93 Mack Tandem Dump 1003 Van Trailer 1512 93 Mack Tandem Dump 1004 1102 Van Trailer 91 Ranco Belly Dump Trailer 1514 1515 93 Mack Tandem Dump 96 Mack Tandem Dump 1103 91 Ranco Belly Dump Trailer 1516 00 Mack Tandem Dump RD690S ' 1104 1105 91 Ranco Belly Dump Trailer 98 CPS Belly Dump Trailer 1517 1518 03 Mack Tandem Dump 03 Mack Tandem Dump 1201 98 Heil Pneumatic Trailer 1519 04 Mack Tandem Dump 1202 04 Polar A/C Tank Trailer 1520 04 Mack Tandem Dump ' 1205 85 Fruehauf Dump Trailer Aluminum 1521 04 Mack Tandem Dump 1206 85 Fruehauf End Dump Trailer Alum 1601 80 IHC 2-1/2T Service Truck 1207 98 Ranco Rock Trailer 1603 73 GMC 1T W Welder ' 1301 82 Trail King Loboy Trailer 1604 78 GMC Mechanic Truck 1302 76 CMI Load King Loboy Trailer 1605 79 Ford Flatbed L-700 ' 1303 82 Trail King Jeep 1606 89 Ford Superduty F450 . 1304 82 Trail King Loboy Trailer 1607 90 Ford Superduty F450 1305 82 Trail King Booster 1608 91 Mack Fuel Truck, Maintainer Service Bc 1306 85 Eager Beaver Folder 20T Trailer 16o9 89 Ford F-350 Flatbed 1307 84 Flat Iron Homemade Trailer 1610 94 GMC Service Truck 1310 92 CMI 603DD 60T Load King Traile 1611 96 GMC Topkick Truck ' 1311 92 CMI Load King Booster 1612 93 Freightliner Service Truck 1313 97 Landoll Trailer 1614 97 GMC Topkick MDLC-6500 1314 00 Landoll LT1016 Trailer 1615 99 Ford Service Truck F450 ' 1315 02 Trail King Trailer 1616 91 Ford Service Truck 1406 77 Mack Tractor 1617 02 Chevy Van Truck 1407 90 Mack Tractor 1704 74 Peterbilt Water Truck ' 1408 85 Mack Tractor 1705 73 Mack Water Truck 6x6 1409 85 Mack Tractor 1706 74 Mack Water Truck ' 1410 1411 85 Mack Tractor 92 Kenworth Tractor 1707 1708 66 Mack Water Truck 80 Ford Water Truck 1412 94 Kenworth Tractor 1709 91 GMC Water Trk Top Kick Klein Tank 1415 1416 95 Freightliner Tractor 03 Freightliner Tractor 1710 1814. 94 GMC Water Trk TC7H064 Topkick Ever 85 Dodge Flat Bed - 17 aTa• 03 Freightliner Tractor Zvi 5 1P, 3/ TP 84 /IJ ' 1418 1419 03 Freightliner Tractor 04 Freightliner Tractor 1817 1818 87 Ford F150 1/2T P/U 88 Chevrolet 1/2T P/U 4x4 1420 02 Freightliner Tractor 1820 89 Ford 1/2T P/U 4x4 (Chey) ' 1501 1502 92 Mack Tandem Dump 92 Mack Tandem Dump 1821 1822 89 Ford Ranger S. P/U 90.Ford F250 P/U 1503 81 Mack Tandem Dump 1823 91 Ford F 150 P/U 4x4 1504 81 Mack Tandem Dump 1824 91 Ford F250 P/U ' 1505 73 Mack Tandem Dump 1825 89 Ford F250 P/U 1506 77 Mack Tandem Dump 1826 92 GMC P/U, 1507 79 Mack Tandem Dump 1,827 92 Ford F150 P/U 4x4 ---1508- 79 Mack Tandem Dum - --- - P -7828— 93 Ford-FT50-P/CT 4x4-172T- - -- - - - 1509 79 Mack Tandem Dump 1829 91 Ford Ranger P/U 1onio7 Unit No. Vehicle 1830 96 Ford F350 P/U 4x4 1831 97 Ford F150 P/U 4x4 1832 97 Ford F150 P/U 4x4 (Chey) 1834 99 Ford F250 P/U 4x4 1835 99 Ford F250 3/4T P/U 1836 99 Ford F150 PJJ 1837 99 Ford F250 P/`U 1838 02 GMC 2500 P/U 1839 02 Ford F250 P/U 1840 04 Ford F150 P/rU 1841 04 GMC Pickup 1842 04 Ford Pickup 1843 05 GMC 2500 Crew Cab Pickup 1845 06 GMC Pickup 1846 07 GMC 1500 Pickup 1847 07 GMC 2500 Crew Cab Pickup 1901 83 Mack Distributor Truck 1903 81 Ford C8000 Distributor Truck 1904 00 Freightliner Distributor Truck 2001 94 Eagle Vision 2002 94 Mercury Topaz 2100 Nordberg MDLHP 400SX Port. Crusher 2101 Nordberg Carrier, Dakota 2102 Kolberg MDL124-60 Conveyor 2104 96 Dakota Conveyor w/Radial Travel 2105 Dakota Conveyor w/o Radial Travel 2106 92 Dakota Feeder 2107 92 Dakota 36"x100' Stacking Conveyor 2108 Channel Frame Phillips 30x3O" Feed Con, 2108A Homemade Conveyor 2110 Kolberg MDL 22 24"x50' Conveyor 2111 Kolberg MDL 30"x5O' Conveyor 2112 Kolberg 2-2440 Conveyor 2113 Fabtech Simplicity Screening PIant Conv. 21 14 Kolberg Screening plant MDL 271B 2115 Kolberg Radial Stacking Conv. 30"x50' 2116 Kolberg Hydraulic Conveyor 24"x50' 2118 Simplicity LP140 6x20-3 Deck Screen on Ranco Tandem Axle Carrier w/48" Under Screen Conveyor Ranco Carrier 2119 Simplicity LP140 6x20-3 Deck Screen on Dakota Carrier #1284 w/48" Under Screen Conveyor 2121 Spokane — Pioneer MDL2500 Vertical Shz Impact Crusher w/36" Under Cony & CAT 3406TA Engine 1onro7 Unit No. Vehicle 2122 30"x6O' Field Conveyor 2123 24"x5O' Field Conveyor 2124 JC 1 6'x2O' Three Deck Screen 2125 Custom-built 36"x34' Field Conveyor 2126 95 IMCE 30"x50' Stackable Field Conveyor 2127 Nordberg HP300 Cone Crusher w/Access 2128 JCI Tx20' 3-Deck Screening Plant 2129 30"x6O' IMCE Field Conveyor w/15hp drive 2130 30"x25' IMCE Field Conveyor w/lOhp drive 2131 Extec Portable Jaw Crusher 2132 36"x6O" Field Conveyor 2133 03 JCI 7a20 3-Deck Screen Plant 2201 CAT 3208 Kato Generator 2202 CAT 3208 Generator — Wash Plant 2203 CAT 3412 Generator 455KW 2204 CAT 3408 Generator 340KW 2205 CAT 3406 Generator 320KW 2206 CAT 3304 Dita Generator 2207 CAT 3412 Generator 455KW 2208 Multi -quip Generator Mitsubishi GDl6T 2209 Multi -quip Generator Komatsu S67D105 2210 94 CAT 3412 Generator 545KW 2211 CAT 3412 Generator 455KW 2212 Multiquip Generator DCA125SSJ JD60681 6 cylinder 150 hp John Deere 3101 93 CAT 325L Excavator 3102 03 CAT 345BL Series 11 Excavator 3103 89 CAT 235C Excavator 3105 98 CAT 330B Excavator 3106 CAT 302.5C Mini Excavator. 3107 05 CAT 304 Mini Excavator 3108 325C Excavator 3200 CAT 416C Loader,Backhoe 3201 CAT 416D Loader/Backhoe 4x4 3202 CAT 416B. Loader/Backhoe 4x4 3302 CL Beam Aligner System 3303 Topcon Pipe Laser 3PG-L 3404A 6000 Gal. 2001 MSE Water Tank 3405 CAT 730 Articulated Haul Truck 3406 CAT 730 Articulated Haul Truck 3407 05 JD 3000 Haul Truck 3408 06 CAT 730 Haul Truck 3503 79 CAT 966C Wheel Loader. . . 3504 76 CAT 980B Wheel Loader 3505 00 CAT 966G Loader 3500 Series 3506 Case 1835B Uniloader 3507 Case Skid 1835B Uniloader 10/1/07 Unit No. Vehicle 3508 95 Case 1845C Loader ' 3509 87 Case 480 ELL Loader 3511 87 Case 480E 4x4 3512 90 Case 480F 4x4 3513 CAT TT18B Loader 3514 83 CAT 966D Loader 3515 94 CAT 966F Loader 3516 94 CAT 966F Loader 3517 CAT IT28G Loader 3518 CAT 980G Loader ' 3519 97 Case 570 LXT Loader/Tractor 3520 00 CAT 972G Loader ' 3521 00 CAT 236 Skidsteer 3522 02 CAT IT28G Loader 3523 .03 236 Skidsteer ' 3524 03 CAT 236 Skidsteer 3525 04 CAT 938G 3526 04 CAT 236B Skidsteer 3527 966G CAT Loader 3528 06 Bobcat Skidsteer w/planer 3610 70 CAT 955 Loader 4101 CAT 623B Scraper 4102 CAT 623B Scraper 4103 86 CAT 627E Scraper, Rear Pullhook 4104 80 CAT 627B Scraper Push Pull ' 4105 CAT 627E Scraper Push Pull 4106 CAT 627E Scraper Push Pull 4108 CAT 613C Scraper 4109 CAT 623G Scraper 4303 84 CAT 140G Motor Grader ' 4304 91 CAT 140G Motor Grader 4305 94 CAT 140G Motor Grader 4306 99 CAT 143H Motor Grader ' 4307 03 CAT 14H 4308 JD 712 Motor Grader 4602 79 CAT D-6 Dozer ' 4603 78 CAT D-8 Dozer DSK 4604 93 CAT D-4 Dozer D4H 4605 95 CAT D8N Dozer ' 5100, Gorman Rupp 2" Pump, 5101 Gorman Rupp 3" Pump 5102 76 Gorman Rupp 4" Pump 5106 91 Gorman Rupp 3" Pump 5107 Galigher MDL 3 VRA/1000 Rubber Line 5108 Gorman Rupp 6" Trash Pump w/Wheel ' 5109 Gorman Rupp 6" Trash Pump w/Wheel 5110 02 Mega 10,000 gal Self -erect Water Ta 10/1/07 Unit No. Vehicle 6000 97 Con-E-Co Concrete Batch Plant 6001 96 CEI IOHSSS 10,000 gal. Hot Water Tank 6100 Roto Reclaimer Sand/Rock Separator MdIBRR 13 6101. Hobart GR3035 Welder 6102 Hobart 353 Welder 6200 03 Kolberg MCL 1822 Wash Plant 6202 Dakota Conveyor 6203 Dakota Conveyor 6204 Dakota Conveyor 6205 Dakota 24CY Surge Bin 6206 Dakota 30"x6O" Lattice Frame Field Conveyor 6207 Dakota 30"x6O" Conveyor 6208 Dakota Portable Belt Feeder 6209 05 Miller Bobcat Welder/Generator 6604 97 Mack RD690S Mixer/Booster 6605 97 Mack RD690S Mixer/Booster 6606 96 Mack RD690S MixerBooster 6607 01 Mack Granite Mixer/Booster 6610 96 Oshkosh S-2146 Mixer Truck 6612 94 Oshkosh S-2146 Mixer Truck 6614 94 Oshkosh Mixer Truck 6615 97 Oshkosh Mixer Truck 6616 07 KW Mixer Truck 6617 07 KW Mixer Truck 6700 90 Gomaco GT-6300 6701 Gomaco 30" Verticle Curb Mold w/12" Blockout 6702 24" Rollover Curb Mold 6703 72" Rollover Sidewalk Mold 6704 48" Sidewalk Mold 6706 Allen Equip. 32' Concrete Timing & Cure Mach 7001 82 Barber Green Drum Mixer 7001A 82 Barber Green 3-Bin Cold Feed 7001B 82 Barber Green Scalp Screen 7001C 82 Barber Green Slinger Conveyor 7001D 82 Barber Green Bucket Elevator 7001E 82 Barber Green 60 T Asphalt Storage Silo 7002 CEI Asphalt Storage Tank 7003 Eaton 60T Lime Silo w/Mixer 7004 96 Astec Portable 41000 CFM Pulsejet, Baghouse MDL PBHA I 7005 93 Astec 7' Counterflow Asphalt Mixer 7006 93 Astec Twin 200 ton Silo w/New Generation Auto Computer Truck Scale 7007 93 Astec 4-Bin Cold Feed PCIO124 7008 93 Asteq Deister Scalp Screen USX 1410 7009 93 Astec/Slinger Conveyor PSS410-60 7010 93 Astec Bag House BBH441515 ioiiro7 1oiiro7 Unit Unit ' No. Vehicle No. Vehicle 7011 93'Astec Control House 7701 Murphy Cardinal Scale ' 7012 93 Heatec 30,000 gal. Hot Storage A 7702 Murphy Cardinal Scale 303-60PR w/Printer Rear with 10,000 gal. Diesel Storage 7703 Chamber Belt Scale Front HE035P 7901 72 Timpte Trailer w/Elec. Switch Gear 7013 03 Astec Lime Silo 7902 68 Fruehauf 38' Semi Trailer Switch Gear 7014 03 Astec Pugmill Lime Mixer 7903 Brown Van Trailer 18' for 3208 Generator Set ' 7015 03 CEI 10,000 gal. Hot Storage 7102 88 Barber Green 225B Paver 8001 8002 70 Grove 30T Hydro Crane 80 John Deere 8640 Farm Tractor 7103 92 Barber Green 225B Paver 8003 Action Compaction Wheel 243LBWLOCF261 7104 Layton 8' Spreader Box 8004 01 CAT H63 Skidsteer Mount Breaker 7105 92 Entyre Asphalt Curb Machine 8005 93 Grizzly Fabric Laying Attachment 7106 Entyre Chip Spreader 8006 03 Ingersoll Rand P185WIR Air Compressor 7108 Blaw Knox PF5510 Asphalt Paver 7109 01 CAT 1055B Paver 8009 931R 185 8010 Raygo Gator Soil Stabilizer 7110 06 Blaw Knox PF5510 Paver 8012 CAT 65D Challenger Tractor ' 7111 CAT BG-650 Window Elevator 7201 80 Hyster 530A Roller 8014 02 John Deere 210LE Grading Tractor 8015 Ditch Witch (Bigger) 7202 81 Dynapac CC42A 9003 83 Raygo Barcomill 100 7207 01 CAT CB 434C Compactor 9004 90 CAT PR450 Rotomill 75" Cut ' 7208 74 CAT. 815A Compactor 9006 CAT PR75 Rotomill 7209 81 CAT 815B Compactor 9008 95 CMI PR800-7 RotomiIl 102" Cut 7210 Hyster C530A Roller 9009 97 CMI PR800-7 Rotomill 102" Cut 7214 92 Hyster 530A Roller 9010 CMI PR275T Rotomill 7215 CAT CP 563.Compactor 9011 Wirtgen Rotomill W2200 7216 Hyster C330B Roller 99 Miscellaneous Equipment 7218 88 CAT 433B Compactor 7219 Hyster 330 Roller ' 7220 CAT634C 7221 00 CAT RS200B 7222 95 Ingersoll-Rand Padfoot Compact 7223 CAT PS200B 7224 05 CAT CVP16 Compactor 302 7225 02 Rex1CMI 3-35 Compactor 7226 CAT CB334E Roller 7227 Ingersoll-Rand DD-70ffF Roller 7228 Ingersoll-Rand DD-28HF Roller ' 7502 89 Sweepster Broom Attachment 7503 88 Elgin Eagle Sweeper GMC .7504 77 Elgin Whirlwind H Vac Truck ' 7505 Sweepster Broom IT18B Attachmen: 7506 Broce Broom RJ-300 7507 88 Vanguard Sweeper V4000SP FM( t7508 97 Johnston. Sweeper 2V4000 SP Perkins Engine ' 7509 Waldon Broom w/7'6" Myer Snowp 7510 Waldon Broom t 7511 98 Broce Broom 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00430 SCHEDULE OF SUBCONTRACTORS AND List all subcontractors for the work items listed below an-d all subcontractors performing over 10% of the contract. ITEM SUBCONTRACTOR Traffic Control Carnes Services Landscaping A &.M Landscaping Sectijoa 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed I Bid Item 8 — Unclassified Excavation 1 Contractor shall furnish all labor; materials and equipment for site excavation including topsoil stripping, excavation, stockpiling, distribution, rough grading, fine grading, and haul and disposing of all excess material per Drawings and Specifications. ' Bid Item 9 — Geotextile Stabilization Material Contractor shall provide all labor, equipment and materials for the installation of a geotextile product at the bottom of the base course section. The selected product must be appropriate for the site soil conditions and must be ' submitted to and approved by the geotechnical engineer. The item will be paid based upon the actual installed quantity of material. Bid Item 10 — Borrow A.B.C. Class 5/6 ' The unit price for this item shall include supplying, placing, and compacting aggregate base course in accordance with the Drawings and Specifications or as otherwise directed by the ENGINEER. Measurement and payment for this item will be by the TON of actual tonnage placed, complete at proper moisture. The method to bring'mixture to optimum moisture will not be measured or paid for separately, but shall be included in the unit price for this item. Bid Item 11 — 5" Colored Concrete Pavina Contractor shall furnish all labor, materials and equipment to install concrete paving in accordance with the Drawings and Specifications. The unit price per square foot includes sub -grade preparation, installation of 5" thick concrete with fiber mesh reinforcement, and integral color additive equaling 2 lbs. per sack of Yosemite Brown color, forming; furnishing and applying curing compounds; finishing and edging the concrete surfaces; joints and joint materials; and all other related and necessary materials, work, and equipment required to construct the flatwork ' areas in accordance with the Drawings and Specifications. Bid Item 12 — Landscape Restoration Contractor shall provide all labor and equipment to backfill concrete trail; provide imported composting materials; ' distribute composted topsoil and fine grade disturbed areas for preparation of seeding operations. This item includes removing any debris and or rocks larger than 1 %z" from seed preparation area. The material must be a class II composting material from A-1 Organics or an approved equivalent. ' Bid Item 13 — Drill Seeding Contractor shall provide all soil preparation; fine grading; fertilizer; herbicide; seed; labor; hydro -mulching and equipment to seed native grass areas. rEND OF SECTION IEND OF DIVISION,1 I I City of Fort Collins Section 01800 - Definition of Bid Items Park Planning & Development Division Page 2 of 2 ' SECTION 00510 NOTICE OF AWARD ' Date: July 14, 2111 TO: Don Kehn Construction, Inc. ' PROJECT: 7043 Poudre Trail Relocation at Kingfisher Point Natural Area OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated June 24, 2009 for the above project has been considered. You are the apparent successful Bidder and have been ' awarded an Agreement for 7043 Poudre Trail Relocation at Kingfisher Point Natural Area. ' The Price of your Agreement is One Hundred Eighty Four Thousand Two Hundred Seventy Three Dollars and Thirty Eight Cents ($184,273.38). 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 July 29, 2009. ' 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. ' 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. ' Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract 1 Documents attached. City of Fort Collins OWNER BY: (` V D Ja es B. O'Neill, II, CPPO, FNIGP ' rector of Purchasing & Risk Management n I Section 00510 Page 1 SECTION 00520 ' AGREEMENT THIS AGREEMENT is dated as of the 14th day of July in the year of 2009 and ' shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and ' Don Kehn Construction, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set ' forth, agree as follows: ARTICLE 1. WORK ' CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be ' the whole or only a part is defined as the construction of the 7043 Poudre Trail Relocation at Kingfisher Point Natural Area and is generally described in Section 01100. ' ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Park Planning 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 thirty (30) 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 forty (40) 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. I Section 00520 Page 1 1) Substantial Completion: ' Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the thirty (30) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. ' 2) Final Acceptance: After Substantial Completion, One Hundred Fifty Dollars ($150.00) ' for each calendar day or fraction thereof that expires after the ten(10) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ' ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Hundred Eighty Four Thousand Two Hundred Seventy Three Dollars and Thirty Eight Cents ($184,273.38), 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. ' Section 00520 Page 2 1 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 950 of the Contract ' Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. ' 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the ' remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ' ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of ' the Contract Documents,. Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. ' 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the ' General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may ' affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar ' information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown ' or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, ' investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and ' conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. ' Section 00520 Page 3 6.5. CONTRACTOR has correlated the results of all such observations, ' examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. ' 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ' ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. ' 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not ' limited to, the following: 7.2.1 Certificate of Substantial Completion ' 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: ' SHEET NO. DESCRIPTION OF SHEETS 1................................ COVER SHEET ' 2-7 ..•.-'•.•.•••..•......•..•-.-.•. TRAIL PLAN & PROFILE 8~12 TRAIL CROSS SECTIONS 13 ................................ CONSTRUCTION DETAILS The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. I ISection 00520 Page 4 7.4. Addenda Numbers 1 to 2, inclusive. ' 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents ' pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only ' be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ' ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall. have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests the Contract Documents will be binding on another party hereto without in the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or 1 discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. Section 00520 Page 5 OWNER: CITY OF FORT COLLINS By: JAMES O'NEILL II, CPPO, FNIGP ECTOR OF PURCHASING AND RISK MANAGEMENT Date: _1 I z-2. Attest: City Clem Address for giving noti P. O. Box 580 Fort Collins, CO 80522 :co) �RA®0 CONTRACTOR:Don Kehn Construction, Inc. B y : Q4--A'n�_ Title: ice, c-0--- �� fiit K , # r , r Date: (CORPORATE SEAL)' v`� p � . a i Attest ���Z• i A :l"a Address for giving notices'' 6-5--s-o LICENSE NO.: Section 00520 Page 6 1 1 SECTION 00530 ' NOTICE TO PROCEED Description of Work: 7043 Poudre Trail Relocation at Kingfisher Point Natural Area ' 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. 1 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 1 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 1 Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: Don Kehn Construction, Inc. 1 By Title: i Rev10/20/07 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 ISECTION 00610 I PERFORMANCE BOND Bond No. S386016 ' KNOW ALL MEN BY THESE PRESENTS: that (Firm) Don Kehn Construction, Inc. ' (Address) 6550 South County Road 5 Fort Collins, CO 8058 I ( a corporation), hereinafter referred to as CX�24 tX�d�( gC,�CXlKa3C�7�X C the "Principal" and ' ( Firm) Employers Mutual Casualty Company (Address) P.O. Box 712, Des Moines, IA 50306-0712 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 One Hundred Eighty Four Thousand Two Hundred Sev aty " 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, fir;nly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 14th day of July, 2009, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,7043 Poudre Trail Relocation at Kingfisher ' Point Natural Area. 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, ' *Three & 38/100---------------- (184,273.38----------- -----) ' Rev 10/20/07 1 CanYinn nngin Patrp 1 No Text Bond No. S386106 PROVIDED, FURTHER, .that the said Surety, for value received, hereby alteration or ° f time,alteration stipulates and agzees that no C ent sore to the work be performed the Agreement ' addition to the terms oz zn the same shall in any way the Specifications accompany 9 thereunder or its obligation on does ion Wolthenotice terms of the thisbond;alterraation affect or addit such change, extension, of tzm Specifications. the Spa ' Agreement or to the Work or to . PROvIOED, FURTHER, that no final settlement betweeP the OWNERwhose c claim beneficiary hereunder, ' CONTRACTOR shall. abridge the right of any may be unsatisfied. PROi7iDED, FLTP.THFrRr that transact the Surety d be a��eptable to the OWNERst be authorized . ' business in the State of Colora IN WITNESS WHEREOF, this instrument is executed in three (�) counterparts, this 15�t day of July , ' each one of which shall. be deemed an original, 2 0 09. IN PRESENCE OF: principal Don Kehn Construction, Inc. �3y ; (Title). 6550 South County Road 5 Fort Collins, M-B052.8- (Address) (Corporate Seal) ' IN PRESENCE OF: Other Partners N/A N/A N/A �, Employers Mutual Casualty Company' ,-r�sr; IN PRESENCE Off': Surety .,{ir l By, tir; r ' � * '•' Florietta Acosta, Attorney-In-Factw' { Pt r .a1 stSS ,11,: Tiff ini'gle, Suret Witness By; P.O. Box 712 Des ra, ' •.' r F r (Address) �'R` { 1 ��', zr 'aa$� 'lr, P 4r�• t u itT.f (Surety Seal)•:, �' ( ;`�, NOTE: Date of Bond must not be prior to date of Agreement, If CONTRACTOR is Partnership, all partners should esceoute Bond.z' Rev I o/20/07 Section 00615 Page 2 11 SECTION 00615 ' PAYMENT BOND Bond No. S386016 KNOW zLL MEN BY THESE PRESENTS: thatr (Firm) Don Kehn Construction, Inc. ' (address) 6550 South County Road 5, Fort Collins, CO 80528 (XXX5kXA4 AXXX(XX ARRR5MXX (a Corporation) , hereinafter referred to as the "Principal" and ' (Firm) Employers Mutual Casualty Company (Address) P.O. Box 712, Des Moines, IA 50306-0712 hereinafter referred to as "the Surety", are held and firmly bound unto the Cit of Fort Collins $00 Laporte Ave., Fort Collins, Colorado 80522 a ' in the penal (Municipal cor�oratian) hereinafter referred to as "the OWNER", sum of One Hundred Eighty, Four Thousand Two Hundred* 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 14th day of gall 2009, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7043 Poudre Trail ' Relocation at Kingfisher Point Natural Area. 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. *Seventy Three & 38/100------------ ($184,273.38------) IRev 10/20107 section 00615 Page 1 1' Bond No. S386016 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipu4ates and agrees that no change, extension of time, alteration or addition to the 1 terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any wax affeot its obligation on this bond; and it doss 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. 1 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 15thday of Jules^_► 2009. IN PRESENCE OF: Principal Don Kehn Construction, Inc. (Title) 1 6550 South County Road 5, Fort Collins, CO 80528 (Address) (corporate Seal) IN PRESENCE OE': Other Partners N/A By: N/A N/A By: N/A ... IN PRESENCE OF: Surety Employers Mutual Casualty Cornpany� v,l� By! - Florietta Acosta, Attorney -I -Fact ni le, Surety Witness By: P.O. Box 712 Des Moines IA MAn� (Address) �¢"t�f,f` (Surety Seal) NOTE: Date of Bond mutt not be prior to date of Agreement, If CONTRACTOR is Pattnershi.p, all partners should, execute Bond. 1 - 1 Rev 10/20/07 I 1 Section 00610 Paqe 2 No Text SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form Certificate of Insurance. Rev 10/20/07 r —+-ii. r,77i n ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D 07/15/09DnYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION RH of Colorado ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 20 South Colorado Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. uite 60ON Denver, CO 80246 INSURERS AFFORDING COVERAGE NAIC # SURED INSURER A: Zurich American Insurance 16535 Don Kehn Construction, Inc. 6550 SCR5 Fort Collins, CO 80528 INSURER B: Everest National Insurance Co. 10120 INSURER : Pinnacol Assurance 41190 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 SIR TR ADD'd NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDlYY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY CP05942579 11/01/08 11/01/09 EACH OCCURRENCE $1000000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) s300 00O CLAIMS MADE 5� OCCUR MED EXP (Anyone person) $5 000 PERSONAL & ADV INJURY $1 000 000 AI# U-GL-1175-B CW (312007) GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY XJEPROCT LOC A AUTOMOBILE LIABILITY X ANY AUTO CP05942579 11/01/08 11/01/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S X HIRED AUTOS X NON -OWNED AUTOS DAMAGE (Per accident) S Ltd PollutionPROPERTY M GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO E $ AUTO ONLY: AGG B EXCESS/UMBRELLA LIABILITY 71CH000023081 11/01/08 11/01109 EACH OCCURRENCE S2000O00 X1 OCCUR r-1 CLAIMS MADE AGGREGATE s2,000,000 5 $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 2093950 10/01/08 10/01/09 TATU IMIT O R X OR LIMITS- E.L. EACH ACCIDENT s500OOO E.L. DISEASE - EA EMPLOYEE s500,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT s500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project Description: Poudre Trail Relocation at Kingfisher Point Natural Area Bid Number: 7043 (See Attached Descriptions) L:A I t HULUItK The City of Fort Collins, Colorado 215 North Mason Fort Collins, CO 80524 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL In* DAYS WRITTEN NICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 'OSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001108) 1 of 3 #S641238/M611482 AUTHORIZED REPRESENTATIVE 8MgTY © ACORD CORPORATION 198E IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26-S (2001/08) 2 of 3 #S641238/M611482 the following are Additional Insureds on the Automobile Liability only to the extent they meet the definition of an insured in the policy, which -rovides in pertinent part that an insured includes anyone liable for the onduct of an insured but only to the extent of that liability. All coverage terms, conditions and exclusions of the policy.apply. Consult the policy to determine the extent of coverage, if any. Rdditional Insureds: The City of Fort Collins, Colorado. e Additional Insured endorsement which is referenced above under "Type Insurance -General Liability" is attached. This Certificate of Insurance represents coverage currently in effect and Fay or may not be in compliance with any written contract. * The following cancellation conditions always apply: (- 10 days for non-payment of premium - If policy shown, 10 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance AMS 25.3 (2001108) 3 of 3 #S641238/M611482 F� Additional Insured — Automatic Owners, Lessees Or Contractors 1 , E 1 -1 1 11 X ZURICH Policy No. Exp. Date of Pol. Eff. Date of End. Agency No. Addl. Prem. Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A.. Section II — Who Is An Insured is amended to include as an insured any person or organization who you are re- quired to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under SECTION I - Coverage A - Bodily Injury And Prop- erty Damage Liability and Section I - Coverage B - Personal And. Advertising Injury Liability, but only with respect to liability for "bodily. injury", "property damage" or "personal and advertising injury" caused, in whole or.in per, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from: a. Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or b. "Your work" completed as included in the "products -completed operations hazard", performed for the addi- tional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this'policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organiza- tion in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. Includes copyrighted material of Insurance Services Office, Inc., with its permission_ U-CL-1175-13 CW (3/2007) Page 1 of 2 D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to ren- der any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings,. opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agree- ment requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section. IV — Com- mercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Com- mercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or, written agreement to provide coverage to the additional insured on a primary and non-contributory basis. G. This endorsement does not apply to an additional insured which has beer added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1 175 B CW (3/2007) Page 2 of | u / 9- | ! o ! ,ter g L, 1 � , � ® b !2� k ! / / � § 6 . rb ww. > §/ !/ • W 2[ y \( §a )§Ug))� 1 I SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:7043 Poudre Trail Relocation at Kingfisher Point Natural Area PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: a 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. 0 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 a not alter the responsibility of the CONTRACTOR to complete all the. Work in accordance with the Contract Documents. ENGINEER aAUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and a agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR oAUTHORIZED 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 O Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: a IRev10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 2 0_ 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, 7043 Poudre Trail Relocation at Kingfisher Point Natural Area. 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: r 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: Rev 10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT:7043 Poudre Trail Relocation at Kingfisher Point Natural Area 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 Rev 10/20/07 Section 00650 Page 1 1 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. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ATTEST: Secretary STATE OF COLORADO day of CONTRACTOR By: Title: ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 2 0_, by Witness my hand and official seal. My Commission Expires: Notary Public Rev 10/20/07 20 day of Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 7043 Poudre Trail Relocation at Kingfisher Point Natural Area CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. Rev10/20/07 Section 00660 Page 1 SECTION 00670 1 1 1 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) A 0 0 0 0 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 - t CONTRACTOR,INFORMATION ' Trade name/DBA: Owner, partner, orcorporate 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: 7 y ' *Copses of contractor agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION «and�(2) contain ngstgnatuies of contracting parties must be attachetl ... .. t„ {.-, f t .t a.:.. •y.', C - _1 i .k 3 ,Zi i:,.,,i 41 '.f ? V, `...�.. .s.. a... 5... .. ;�.n_,. .. .�a.._. .. a _:..,. .. .. .. .,,r ., a i. ...+..._ r.. ... +f Name of exempt organization (as shown on contract): Exempt organization's number: 198- Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE 0 Section 00670 Page 1 1 D Special Notice D Contractors who have completed this application in the past, please note the following changes in procedure: O 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. D 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. D 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 D 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. D 1 Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT aThese GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. p EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Financial Services I City of Purchasing Division Fo 215 N. Mason St. 2"'Floor ®r tBox 580 Collins Fort Collins, CO 80522 ' 970.221.6775 970.221.6707 �Pu �ng fcgov.com/Purchasing ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 7043: Poudre Trail Relocation at Kingfisher Point Natural Area OPENING DATE: 3:00 P.M. (Our Clock) June 22, 2009 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. ' CHANGE: ' The opening date of the bid has been changed to 3:00 P.M. (Our Clock) June 22, 2009. I ' Please contact John D. Stephen, CPPO CPP p B, Senior Buyer at (970) 221-6777 with min any questions regarding this addendum. 1 RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. I where renewal is a way Of life 1 TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 1. DEFINITIONS 1 2. PRELIMINARY MATTERS ................................ 3 1.1 Addenda.............................................1 2.1 Delivery of Bonds ............................. 3 1.2 Agreement ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 2.2 Copies of Documents ........................ 3 1.3 Application for Payment ....................... 2.3 Commencement of Contract 1.4 Asbestos.............................................1 Times; Notice to Proceed,,,,,,,,,,,,,,, 3 1.5 Bid ....... ......... ......... ......... .........1 2.4 Starting the Work ..... ........ .........3 1.6 Bidding Documents ;,1, 2.5-2.7 Before Starting Construction; 1.7 Bidding Requirements .........................1 CONTRACTOR's Responsibility 1.8 Bonds.................................................i to Report; Preliminary Schediles; 1.9 Change Order .... ......... ......... .........i Delivery of Certificates of 1.10 Contract Documents 1 Insurance 3-4 1.11 Contract Price ...................................... 1 2.8 Preconstruction Conference ............... 4 1.12 Contract Times....................................1 2.9 Initially Acceptable Schedules ........... 4 1.13 CONTRACTOR1 1.14 defective.............................................1 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings............................................I AMENDING, REUSE..........................................4 1.16 Effective Date of the Agreement ............ 1 3.1-3.2 Intent ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4 1.17 ENGINEER ......................................... 3.3 Reference to Standards and Speci- 1.18 ENGINEER's Consultant ......................I fications of Technical Societies; 1.19 Field Order.........................................1 Reporting and Resolving Dis- 1.20 General Requirements .........................2 crepancies................................. 4-5 1.21 Hazardous Waste ................................. 2 3.4 Intent of Certain Terms or 1.22.a Laws and Regulations; Laws or Adjectives.....................................5 Regulations......................................2 3.5 Amending Contract Docurnents......... 5 1.22.b Legal Holidays .................................... 2 3.6 Supplementing Contract 1.23 Liens.................................................2 Documents ................................... 5 1.24 Milestone2 3.7 Reuse of Documents.........................5 1.25 Notice of Award .................................. 2 1.26 Notice to Proceed................................2 4. AVAILABILITY OF LANDS; 1.27 OWNER.............................................2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization...............................2 REFERENCE POINTS ......................................... 5 1.29 PCBs..................................................2 4.1 Availability of Lands ..................... 5-6 1.30 Petroleum ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2 4.2 Subsurface and Physical 1.31 Project................................................2 Conditions ............. ........ ...............6 1.32.a Radioactive Material ............................2 4.2.1 Reports and Drawings ....................... 6 1.32.b Regular Working Hours . ......... ........ 2 4.2.2 Limited Reliance by CONTRAC- 1.33 Resident Project Representative,,,,,,,,.,,, 2 TOR Authorized; Technical 1.34 Samples..............................................2 Data ............................................. 1.35 Shop Drawings .................................... 4.2.3 Notice of Differing Subsurface 1.36 Specifications ..................................... 2 or Physical Conditions,,,,,,,,,,,,,,,,,, 6 1.37 Subcontractor .... ......... ......... ........ 2 4.2.4 ENGINEER's Review, .. ........6 1.38 Substantial Completion ........................2 4.2.5 Possible Contract Documents 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,, 2 Change ......................................... 6 1.40 Supplier ........................ ......... ........2 4.2.6 Possible Price and Times 1.41 Underground Facilities,,,,,,,,,,,,,,,,,,,,, 2-3 Adjustments .............................. 6-7 1.42 Unit Price Work ............. ......... ........ 3 4.3 Physical Conditions --Underground 1.43 Work..................................................3 Facilities ........................................ 7 1.44 Work Change Directive ....................... 3 4.3.1 Shown or Indicated..........................7 1.45 Written Amendment ............................ 4.3.2 Not Shown or Indicated,,,,,,,, ........7 4.4 Reference Points ............................... EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title' Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material„..................7-8 to Shop Drawing or Sample Submittal...................................16 5. BONDS AND INSURANCE ,.,..,,,_,_, *........ 5.1-5.2 Performance, Payment and Other 8 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER 16-17 Bonds ............................................... 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents, 17 Certificates of Insurance .................... 8 6.28 ........... Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance..........................................9 Approval of Required 5.5 5.6 OWNER's Liability Insurance ............... Property Insurance ..........................9-10 6.29 Submittals Continuing the Work 17 17 5.7 Boiler and Machinery or Addi- 6.30 , ...................... CONTRACTOR's General tional Property Insurance.................10 Warranty and Guarantee .............. 17 ' 5.8 5.9 Notice of Cancellation Prop sion......... CONTRACTOR's Responsibility 10 6.31-6.33 6.34 Indemnification*** **...... ...........17-18 Survival of Obligations......, 18 for Deductible Amounts, ................... 10 ' 5.10 5.11 Other Special Insurance .................... Waiver of Rights ........... ..................11 10 7. OTHER WORK ................................................. 7.1-7.3 Related Work at Site., 18 5.12-5.13 Receipt and Application of 7.4 ........ ........18 Coordination..................................18 Insurance Proceeds 10-11 ' 5.14 .................... Acceptance of Bonds and Insu- ance; Option to Replace....................11 8. OWNER'S 8.1 RESPONSIBILITIES „*****..................18 Communications to CON- 5.15 Partial Utilization --Property TRACTOR.................................18 Insurance........................................11 8.2 Replacement of ENGINEER,,, 18 6. CONTRACTOR'S RESPONSIBILITIES 8.3 *** Furnish Data andPay Promptly .... ...............11 When Due....: **_ ****..._..,,,,._......18 6.1-6.2 Supervision and Superintendence *...... 11 8.4 Lands and Easements; Reports 6.3-6.5 6.6 Labor, Materials and Equipment ,..11-12 Progress Schedule 8.5 and Tests,,,,,,,;,,,,,,,,, , Insurance 18-19 19 6.7 ..............................12 Substitutes and "Or -Equal" Items; 8.6 Change Orc�rs,,,_,,,*. ................ 19 CONTRACTOR's Expense; 8.7 Inspections, Tests and ' Substitute Construction Methods or Procedures; Approvals...................................19 8.8 Stop or Suspend Work; ENGINEER's Evaluation ............. 12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Suppliers and Others; 8.9 Services Limitations on OWNER'S 19 Waiver of Rights .........................13-14 Responsibilities,,,.,.,,..,.__. 6.12 Patent Fees and Royalties .................14 8.10 Asbestos, PCBs, Petroleum, ....19 6.13 Permits.............................................14 Hazardous Waste or ' 6.14 Laws and Regulations ........................14 Radioactive Material,,,,,,,,,,,,,.. 19 6.15 Taxes.........:,,,,,,,,,, *.._............14-15 ,,,,, 8.11 Evidence ofFinancal 6.16 6.17 Use of Premises .... 15 Site Cleanliness ................................ 15 Arrangements, ........................... 19 6.18 Safe Structural Loading ...................„ 15 9. ENGINEER'S STATUS DURING 6.19 Record Documents .............................15 CONSTRUCTION ........................... 19 6.20 6.21 Safety and Protection ,. 15-16 Safety Representative 16 9.1 9.2 OWNER's Representative ................ Visits Site 19 ......................... . to .................................. 19 6.22 Hazard Communication Program$ ...... 16 9.3 Project Representative .............. 19-21 6.23 Emergencies.....................................16 9.4 Clarifications and Interpre- t 6.24 Shop Drawings and Samples..............16 tations,,, .................... . 21 9.5 Authorized Variations in V16rk21 EJCDC GENERAL CONDITIONS I910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title Page Article or Paragraph Number Number & Title 9.6 Rejecting Defective Work ..................21 9.7-9.9 Shop Drawings, Change Orders and Payments....................................21 9.10 Determinations for Unit Prices...... 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEER's Authority and Responsibilities..., 22-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change................23 10.2 Claim for Adjustment ........................23 10.3 Work Not Required by Contract Documents ..................................... 23 10.4 Change Orders..................................23 10.5 Notification of Surety .........................23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work .................................... 23-24 11.4 Cost of the Work ............................. 24-25 11.5 Exclusions to Cost of the Work.......... 25 11.6 CONTRACTOR's Fee........................25 11.7 Cost Records ................................. 25-26 11.8 Cash Allowances...............................76 11.9 Unit Price Work................................26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment ........................26 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTOR's Control ....................................... 26-27 12.4 Delays Beyond OWNER's and CONTRACTOR's Control................27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ................................................. 27 13.1 Notice of Defects...............................27 13.2 Access to the Work ............................27 13.3 Tests and Inspections; CONTRACTOR's Cooperation......... 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory....., 27 13.5 CONTRACTOR's Responsibilities...............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval.................27 iv 13.8-13.9 Uncovering Work at ENGI- Page Number NEER's Request ..................... 27-28 13.10 OWNER May Stop the Work ........... 28 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period ............................ 28 13.13 Acceptance of Defective Work ......... 28 13.14 OWNER May Correct Defective Work ..................................... 28-29 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. 29 14.1 Schedule of Values .........................29 14.2 Application for Progress Payment..................................... 29 14.3 CONTRACTOR's Warranty of Title ........................................... 29 14.4-14.7 Review of Applications for Progress Payments..................29-30 14.8-14.9 Substantial Completion ................. 30 14.10 Partial Utilization ....................... 30-31 14.11 Final Inspection ............................31 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptance ....... 31 14.15 Waiver of Claims ......................31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate ................ 32 15.5 CONTRACTOR May Stop Work or Terminate ................. 32-33 16. DISPUTE RESOLUTION .................................. 33 17. MISCELLANEOUS...........................................33 17.1 Giving Notice ................................ 33 17.2 Computation of Times .................... 33 17.3 Notice of Claim ............................... 33 17.4 Cumulative Remedies 33 17.5 Professional Fees and Court Costs Included .............................33 17.6 Applicable State Laws ............... 33-34 Intentionally left blank.......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ..................... GC -Al 16.1-16.6 Arbitration ..... ......... ...........CSC-A1 16.7 Mediation...............................GC-A1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) G I 1 I r_� I� u INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance......_ 5.14 ........................................ defective Work............................10.4.1, 13.5, 13.13 final payment ........................................ 9.12, 14.15 insurance .................. 5..14 ............. other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items .... ..............6.7.1 Work by OWNER ............................... .5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR. responsibilities .............. 4.1 site, related Work...............................................7.2 Work...........................................13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions -- CONTRACTOR ...................... ...........6.9.1, 9.13.3 ENGINEER ................................:......... 6.20, 9.13.3 OWNER................................................... 6.20, 8.9 Addenda --definition of (also see definition of Specifications) „.....(1.6, 1.10, 6.19), 1.1 Additional Property Insurances.. 5.7 Adjustments -- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, .............................4.5.3, 9.4, 9.59 10.2-10.4, ......................................... 11, 12, 14.8, 15.1 progress schedule .............................................. 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy form,,,,,,,,,,,,,,,,,,,, ,,,,,,5..6.2 Allowances, Cash....................................................11.8 Amending Contract Documents. 3.5 Amendment, Written -- in general,,,,,,,,,,,,,,, 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 .......................... 6.8.2, 6.19, 10.1, 10.4, 11.2 .................................... 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of ..................J.3 ..................................... ENGINEER's Responsibility 9.9 final payment,,,,,,,,,,,,,,,,, 9.13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment ..................................... 14.1-14.7 review of.................................................:14.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of......................................................1.4 Article or Paragraph Number OWNER responsibility for,,,,,,,,„ 4.5.1, 8.10 possible price and times change,,,,,,,,,,,,,,,,,,,,,, 4.5.2 Authorized Variations in Work,,,...,,, 3.6, 6.25, 6.27, 9.5 Availability of Lands,,,,,,,,,,,,,,, ......., 4.1, 8.4 Award, Notice of--defined1.25 Before Starting Construction ...... ........ ............2.5-2.8 Bid --definition of,,,,,,,,,,,,,,,,,,,, 1.5 (1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of ..........1.6 (6.8.2) Bidding Requirements --definition of..........................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of........................................7...........5.14 additional bonds.......10.5, 11.4.5.9 Cost of the Work ............................................ 11.5.4 definitionof.......................................................1.8 delivery of...................................................2.1, 5.1 final Application for Payment .................14.12-14.14 general ..................................... 1.10, 5.1-5.3, 5.13, ........................................ 9.13, 10.5, 14.7.6 Performance, Payment and Other 5.1-5.2 .................... Bonds and Insurance --in general5 Builder's risk "all-risk" policy form ........................5.6.2 Cancellation Provisions, Insurance,,,,,,,, 5.4.11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, ..................................................14.8, 14.10 Certificates of Inspection ....................9.13.4, 13.5, 14.12 Certificates of Insurance,,,,,,,,,,,,, 2.7, 5.3, 5.4.11, 5.4.13, .......................5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price-- Cash Allowances...............................................11.8 claim for price adjustment.,,,,,,,,,,, 4.1, 4.2.6, 4.5, 5.15, 6:8.2, 9.4 ...................9.5, 9.11, 10.2, 10.5, 11.2, 13.9, ....................... j3.13, 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 Pricing..........................................11.3.2 Notification of Surety........................................10.5 Scopeof....................................................10.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Work 11.9 ........................................... Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times -- Claim for times adjustment ........ 4.1, 4.2.6, 4.5, 5.15, ............ 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, ...............13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits.....................................12.2 Delays beyond CONTRACTOR's control........................................................12.3 Delays beyond OWNER's and CONTRACTOR's control............................12.4 Notification of surety ............ ......... ...............10.5 Scope of change ....... ......... ..................10.3-10.4 Change Orders -- Acceptance ofDefective Work ..........................13.13 Amending Contract Document$ ....... ......... ......3.5 Cash Allowances..............................................11.8 Change of Contract Price.....................................11 Change of Contract Times .... ......... ..................12 Changes in the Work ,,,,,,,,,,,,,,,„...,..,.,....;,..,......,10 CONTRACTOR's fee ........................................ 11.6 Cost of the Work.......................................11.4-11.7 Cost Records ......... ......... ......... ...............11.7 definition of......................................................1.9 emergencies.....................................................6.23 ENGINEER's responsibility,,,,,,,, 9.8, 10.4, 11.2, 12.1 execution of.....................................................10.4 Indemnifiction .........................6.12, 6.16, 6.31-6.33 Insurance, Bonds and ,,,,,,*.............. 5.10, 5.13, 10.5 OWNER may terminate,,,,,,15.2-15.4 OWNER's Responsibility.............................$.6, 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities--.............................4.3.2 Record Documents,,,,,,,,,,,,,,, ,,,,,,,, Scope of Change.......................................10.3-10.4 Substitutes .... ......... ......... ................6.7.3, 6.8.2 Unit Price Work...............................................11.9 value of Work, covered by.................................11.3 Changes in the Wor.................................................. 10 Notification of surety ......... ......... ...............10.5 OWNER's and CONTRACTOR's responsibilities ,,,,,,,10.4 Right to an adjustment......................................10.2 Scope of change ....... ......... ..................10.3-10.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER ......................................... 6.32 against OWNER...............................................6.32 Change of Contract Price ........................... 9.4, 11.2 Change of Contract Times .... ......... ........ 9.4, 12.1 CONTRACTOR's.............4, 7.1, 9.4, 9.5, 9.11, 10.2, ........................... 11.2,11.9,12.1,13.9,14.8, ............................................15.1, A 15.5, 17.3 CONTRACTOR's Fee 11.6 ........................................ Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work11.4, 11.5 Decisions on Disputes...............................9.11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement ..................16.1-16.6 ENGINEER as initial interpretor .......................9.11 Lump Sum Pricing,,,,,,,,,,,,,,, ......................................... 11.3.2 Noticeof .......................................................... 7.3 OWNER's................... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9 ..................... 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability ..... ....................................... 5.5 OWNER may refuse to make payment.................14.7 Professional Fees and Court Costs Included.....................................................17.5 request for formal decision on............................9.11 Substitute Items .............................................. 6.7.1.2 Time Extension.................................................12.1 Time requirements....................................9.11, 12.1 Unit Price Work .............................................. 11.9.3 Valueof...........................................................1,1.3 Waiver of --on Final Payment.................14.14, 14.15 Work Change Directive ....................................... 10.2 written notice required,,,,,,,,,,,,,,,,,,,,, 9.11, 11.2, 12.1 Clarifications and Interpretation$,.,,,,,,,,,, 3.6.3, 9.4, 9.11 CleanSite............................................................6.17 Codes of Technical Society, Organization or Association.................................................3.3.3 Commencement of Contract Time............................ 2.3 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs,,,,,,,,,,,,,,,,,,,,, ..22 Completion -- Final Application for Payment ......................... 14.12 Final Inspection ................... ......... .............14.11 Final Payment and Acceptance ...............14.13-14.14 Partial Utilization ..........:...... ......... .............14.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims............................................14.15 Computation of Times ... ......... ..............17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.8-6.11 Conferences -- initially acceptable schedule................................ 2.9 preconstruction ................................................... 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report ..........................2.5, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery, Equipment, etc;,,,,,,,,,,,,,,,,, 6.4 Continuing the Work ..................................... 6.29, 10.4 Contract Documents-- Amending..........................................................3.5 Bonds............................................................. 5.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) L I 41 n Cash Allowances..............................................11.8 Article or Paragraph Number Change of Contract Price ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,11 Change of Contract Times ................................... 12 Changes in the Work,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,10.4-10.5 ................................................ check and verify 2.5 Clarifications and Interpretations, ......................... 3.2, 3.6, 9.4, 9.11 definition of..................................................... 1.10 ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,, 9.11 ENGINEER as OWNER's representative..............9.1 general3 Insurance..........................................................5.3 Intent........................................................3.1-3.4 minor variations in the Work„ ............................3.6 OWNER's responsibility to furnish dat4...............8.3 OWNER's responsibility to make prompt payment ..........................$.3, 14.4, 14.13 precedence,,,,,,,,,,,,,, ................................................ 3.1, 3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications of Technical Societie.................................... 3.3 Related Work,,,,,,,,,,, ,,,,,,, Reporting and Resolving Discrepancies,,.,,,,, 2.5, 3.3 Reuseof............................................................. 3.7 Supplementing..................................................3.6 Termination of ENGINEER's Employment .......... 8.2 Unit Price Work...............................................11.9 variations .......................................... 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ...............I............... 9.2 Contract Price -- adjustment of ............... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof..........................................................11 Decision on Disputes ............................ 9. 11 definitionof.....................................................l.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 . ................................... .14 Communication........................................ .2, 6.9.2 Continue Work ........................................ 6.29, 10.4 coordination and scheduling ...................... 6..9.2 definition of ....................................................... 1.13 Limited Reliance on Technical Data Authorized ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4.2.2 May Stop Work or Terminate ............................ J.5.5 provide site access to others,,;..............7.2, 13.2 Safety and Protection ...................4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal........................................6.25 vii Stop Work requirements..................................4.5.2 CONTRACTOR's- Article or Paragraph Number Compensation............................................11.1-11.2 Continuing Obligation.....................................14.15 Defective Work „ 9.6, 13.10-13.14 ............................. Duty to correct defective Work .........................13.11 Duty to Report -- Changes in the Work caused by Emergency ............................................ .23 Defects in Work of Others .............................. .3 Differing conditions...................................4.2.3 Discrepancy in Documents 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated,.,.,,,,,, 4.3.2 Emergencies,,,,,,,,,,,,,,, ...................................... 6.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus...........................11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .......................0.30 Hazard Communication Programs,,,,, .................. 6.22 Indemnification ........................6.12, 6.16, 6.31-6.33 Inspection of the Work,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7.3, 13.4 Labor, Materials and Equipment ....................0.3-6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance .............................................. 5.4 Notice of Intent to Appeal,,,,,,,,,,,,,,,,,,,,,,,,,9.10, 10.4 obligation to perform and complete theWork....................................................0.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,, 6.12 Performance and Other Bonds,,,,,,,., ,,,,, ,,,,,,5.1 Permits, obtained and paid for by ...... ....... .....0.13 Progress Schedule ...........................2.6, 2.8, 2.9, 6.6, ........................................6.29, 10.4, 15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work..................................10.1 Concerning Subcontractors, Suppliers and Others......................................6.8-6.11 Continuing the Work ..........................6.29, 10.4 CONTRACTOR's expense...........................6.7.1 CONTRACTOR's General Warranty and Guarantee.......................................6.30 CONTRACTOR'S review prior to Shop Drawing or Sample submittal,,,,,,,,,,,,,,,, 6.25 Coordination of Work.................................6.9.2 Emergencies ................................................ 6.23 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, 7.3, 8.9 Hazardous Communication Programs ........... 6.22 Indemnification ................................... 6.31-6.33 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment..............6.3-6.5 Laws and Regulations................................„6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties, ............................ h. 12 Permits.......................................................6.13 Progress Schedule.........................................6.6 Record Documents 6.19 related Work performed prior to ENGINEER's approval of required submittals ............................................. 6.28 safe structural loading.................................6.18 Safety and Protection ..................... .20, 7.2, 13.2 Safety Representative ....... ..........................6.21 Scheduling the Work ....... ......... .............6.9.2 Shop Drawings and Samples,,,,,,,,,,,,,,,,,,,,,,,,¢.24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness,,,,,,,,,,,,,,,,,,,,, 6.17 Submittal Procedures6.25 Substitute Construction Methods and Procedures.....................................6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence 6.2 Supervision...................................................6.1 Survival of Obligations ................... :............ 6.34 Taxes............................. ......... ..............6.15 Tests and Inspections..................................13.5 ToReport .................................................... 2.5 Use of Premises .....................0.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim.; ......... 4, 7.1, 9.4; 9.5, 9.11, 10.2,11.2, ,..,,,,,,,11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection6.20-6.22, 7.2, 13.2 Safety Representative ,,,,,,,,,,,,,,,,,,,, ,,,,,,,,, 6.21 Shop Drawings and Samples Submittals ..... 6.24-6.28 Special Consultants........................................11.4.4 Substitute Construction Methods and Procedures.,6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others,,,,,,,,,, 6.8-6.11 Supervision and Superintendence ......... 6.1, 6.2, 6.21 Taxes, Payment by............................................6.15 Use of Premises ........................................ 6.16-6.18 Warranties and guarantees .... ....................6.5, 6.30 Warranty of Title; 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate, ,,,,,..15.5 Reports of Differing Subsurface and Physical Conditions 4.2.3 Substantial Completion................................14.8 viii CONTRACTORS --other .............................................. 7 Contractual Liability Insurance . ............................. $; 4.10 Contractual Time Limits.12.2 ......................................... Article or Paragraph Number Coordination— CONTRACTOR's responsibility ........................h.9.2 Copies of Documents ............................................... 2.2 Correction Period..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general...................................10.4.1, 13.10-13.14 Acceptance of Defective Work ..........................13.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period ...... ......... ......... ............13.12 OWNER May Correct Defective Work ............13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections .................................... 13.4 Recordsll.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts ..................... ......... ............11.4.2 CONTRACTOR's Fee.......................................11.6 Employee Expenses......................................11.4.5.1 Exclusions to....................................................11.5 General 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 ............ .. .... ......... .........i1.4.5.8 Payroll costs on changes ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,11.4.1 performed by Subcontractors . ......... ...........1.1.4.3 Recordsll.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments, permits and license fees............................................i 1.4.5.5 Site office and temporary facilities................i 1.4.5.2 Special Consultants, CONTRACTOR'S ...........i 1.4.4 Supplemental.................................................11.4.5 Taxes related to the Work............................1.1.4.5.4 Tests and Inspection..........................................13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities..............i 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..............................$.3 Day --definition of................................................17.2.2 Decisions on Disputes .................................... 9.11, 9.12 defective --definition of...........................................1.14 defective Work -- Acceptance of......................................10.4.1, 13.13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) u I 0 I I 0 Correction or Removal of, ,,,,,,,,,,,,,,,,,,,„10.4.1, 13.11 Correction Period ..... ......... .13.12 in general.........................................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work,,,,,,,,,,,,, .................... 13.10 Prompt Notice of Defects...................................13.1 Rejecting.......................................................... 9.6 Uncovering the Work,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,, 13.8 Definitions Delays......................................4.1, 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance,,,,,,,,,,,, 2.7 Determinations for Unit Prices ............................... 9.10 Differing Subsurface or Physical Conditions -- Notice of.........................................................4.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustment*..............4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14.2 Dispute Resolution-- Agreement................................................16.1-16.6 Arbitration................................................16.1-16.5 general16 Mediation ................................. ....................... 16.6 Dispute Resolution Agreement,,,,,,,,,,,,,,,, 16.1-16.6 Disputes, Decisions by ENGINEER,,,,,,,,,,,,,,,,, 9.11-9.12 Documents -- Copiesof .......................................................... 2.2 Record 6.19 Reuseof ............................................................3.7 Drawings --definition of ......,,,,,1.15 ............................. . Easements.............................................................4.1 Effective date of Agreement -- definition of .............1.16 Emergencies...........................................................¢. 3 ENGINEER -- as initial interpreter on disputes,,,,,, ............ 9.11-9.12 definition of....................................................1.17 Limitations on authority and responsibilities ..... 9.13 Replacement of,,,..,,,.,,; 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of ..................1.18 ENGINEER's-- authority and responsibility, limitations oil ........ 9.13 Authorized Variations in the Work - .................. Change Orders, responsibility for,,,,,, 9.7, 10, 11, 12 Clarifications and Interpretations ...............3.6.3, 9.4 Decisions on Disputes........ I ..................... 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items ......... ............6.7.3 Liability ....................................................6.32, 9.12 Notice Work is Acceptabl............................... 14.13 Observations...........................................6.30.2, 9.2 iz OWNER's Representative,,,,,,,,,,;9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9, 14 Recommendation of Payment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on,,,,,,,,,,,, ,,,,9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .............................. .2.4 Shop Drawings and Samples, review responsibility .............................................. 5.26 Status During Ccnstruction-- authorized variations in the Work , 9.5 Clarifications and Interpretations ..................9.4 Decisions on Disputes,,,,,,,,,,,,,,,, ,,,,,,, 9.11-9.12 Determinations on Unit Price,,,,,,,,,,,,,,,,,,,,„ 9.10 ENGINEER as Initial Interpreter .......... 9.11-9.12 ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities............................. 9.13 OWNER's Representative 9.1 Project Representative...................................9.3 Rejecting Defective Work ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visitsto Site.................................................9.2 Unit Price determinations.................................9.10 Visits to Site ...................................................... 9.2 Written consent require4 .............................. 7.2, 9.1 Equipment, Labor, Materials and,,,,,,,* ................ 0.3-6.5 Equipment rental, Cost of the Work,,,,,,,,,,,,,,,,, 11.4.5.3 Equivalent Materials and Equipment .........................6.7 error or ..... omissions ..................6 ............................ 33 Evidence of Financial Arrangements .......................F.11 Explorations of physical conditions ....................... 4.2.1 Fee, CONTRACTOR's--Costs Plus ...........................11.6 Field Order -- definition of ................................. 1.19 issued by ENGINEER............3.6.1, 9.5 Final Application for Payment ............................. 14.12 Final Inspection ...................................................14.11 Final Payment -- and Acceptance..................................... 14.13-14.14 Prior to, for cash allowances...............................11.8 General Provisions..........................................17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references to..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................................17.1 Guarantee of Work --by CONTRACTOR „...... 6.30, 14.12 Hazard Communication Programs,,,,,,,,,,,,,,,,,, 6.22 Hazardous Waste -- definition of ......... :........................................... 1.21 general............................................................. 4.5 OWNER's responsibility for ............................... g.10 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification..............................¢.12, 6.16, 6.31-6.33 Insurance ................................. ..........5.3 Initially Acceptable Schedules...................................2.9 Precedence ,,,,,,,.,,,,.,.,,....,......3.1, 3.3.3 Inspection-- Reference to . ......... ......... ........ ..............3.3.1 Certificates of..............................9.13.4, 13.5, 14.12 Safety and Protection ................................ 6.20, 13.2 Final ........................................................... 14.11 Subcontractors, Suppliers and Others .........6.8-6.11 Article or Paragraph Article or Paragraph Number Number Special, required byENGINEER ......................... 9.6 Tests and Inspections ,.................................. 13.5 Tests and Approval .............. ............$.7, 13.3-13.4 Use of Premises,..,,,.. ......... ......... ...............6.16 Insurance-- Visits to Site .. ......... ......... ............................9.2 Acceptance of, by OWNER...............................5.14 Liability Insurance -- Additional, required by changes CONTRACTOR's............................................... 5.4 in the Work............................................11.4.5.9 OWNER's ........................................................... 5.5 Before starting the Work2.7 Licensed Sureties and Insurers.,............................... 5.3 Bonds and --in general..,,,,,,,.,. ............................. „5 Liens-- Cancellation Provisions ...................................... 5.8 Application for Progress Payment ...................... 14.2 Certificates of .......... .......2.7, 5, 5.3, 5.4.11, 5.4.13, CONTRACTOR's Warranty of Title.,, ...............14.3 ........................5.6.5, 5.8, 5.14, 9.13.4, 14.12 Final Application for Payment ......................... 14.12 completed operations.....................................5.4.13 definition of,,,,,,,.........,.,..,,.. ........, ...............1..23 CONTRACTOR's Liability..................................5.4 Waiver of Claims,,,,,, ......... ......... .............14.15 CONTRACTOR's objection to coverage,,,,,,,,,,,,, 5.14 Limitations on ENGINEER's authority and Contractual Liability......................................5.4.10 responsibilities.......,,,,,,...,,............................... 9.13 deductible amounts, CONTRACTOR's Limited Reliance by CONTRACTOR responsibility................................................5.9 Authorized ...................................................... 4.2.2 Final Application for Payment ..........................14.12 Maintenance and Operating Manuals -- Licensed Insurers...............................................5.3 Final Application for Payment ......................... 14.12 Notice requirements, material changes,,,., ... 5.8, 10.5 Manuals (of others) -- Option to Replace.............................................5.14 Precedence................................................... 3.3.3.1 other special insurances....................................5.10 Reference to in Contract Document*..................3.3.1 OWNER as fiduciary for insureds,,,,,,,,,,,,,, 5.12-5.13 Materials and equipment-- OWNER's Liability............................................5.5 furnished by CONTRACTOR.............................. 6.3 OWNER's Responsibility ....... ......... .................8.5 not incorporated in Work.,,,,, ......... ...............14.2 Partial Utilization, Property Insurance ..............5.15 Materials or equipment --equivalent,,,,,,.. ........, '.......6.7 Property.....................................................5.6-5.10 Mediation (Optional) .............................................. 16.7 Receipt and Application of Insurance Milestones --definition of........................................1.24 Proceeds..............................................5.12-5.13 Miscellaneous -- Special Insurance .................... ............5.10 Computation of Times............................... . Waiver of Rights..............................................5.11 Cumulative Remedies ........................................ 17.4 Intent of Contract Documents..............................3.1-3.4 Giving Notice .................................................... 17.1 Interpretations and Clarifications..........',.......... 3.6.3,9.4 Notice of Claim,,,.,.., ......... ........, ...............17.3 Investigations of physical conditions ..........................4.2 Professional Fees and Court Costs Included........ j7.5 Labor, Materials and Equipment,,,,,,,,, .6.3-6.5 Multi -prime contracts ................................................. Lands-- Not Shown or Indicated.........................................4.3.2 and Easements...................................................$A Notice of -- Availability of.............................................4.1, 8.4 Acceptability of Project ..................................... 14.13 Reports and Tests ..... ......... ......... .................8A Award, definition of ......................................... ................ 1.25 Laws and Regulations --Laws or Regulations-- Claim............................................................17.3 Bonds........................................................5.1-5.2 Defects,13.1 Changes in the Work........................................10.4 Differing Subsurface or Physical Conditions,,,,, 4.2.3 ocuments........................................... Contract Documents. '******'*""""*'*****'****"*'*'*"*"* 3.1 Giving............................................................1.7.1 CONTRACTOR's Responsibilities .....................0.14 Correction Period, defective Work....................13.12 Tests and Inspections ........................................ 13.3 Cost of the Work, taxes...............................11.4.5.4 Variation, Shop Drawing and Sampli�................. 6.27 definition of.....................................................1.22 Notice to Proceed-- general6.14 definition of.....................................................1.26 Indemnification......................................... giving of........................................................... 2.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety,,,,,,,,,,,,, 10.5 ................................. Observations, by ENGINEER ........................... 6.30, 9.2 Occupancy of the Work,,,,,,,,,,,,,,,,,,, 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ...........6.9, 9.13 Open Peril policy form, Insurance,,,,,,,,,,,,,,,,,,,,,,,,,,$.6.2 Option to Replace ................................................... 5.14 testing, independent ......................................... 13.4 use or occupancy of the Work.........................5.15, 6.30.2.4, 14.10 written consent or approval required ,,,,,,,,,,,,,,,,,,,,,,,,,,,...__......._.9.1, 6.3, 11.4 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work --prohibition of„...............................6.3 OWNER -- Acceptance ofdefective Work...........................1,3.13 appoint an ENGINEER ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,8.2 as fiduciary...............................................5.12-5.13 Availability of Lands, responsibility ....................4.1 definition of ................................. 1.27 .................... data, furnish......................................................8.3 May Correct Defective Work ........... 13.14 May refuse to make payment.............................f4.7 a May Stop the Work.........................................13.10 May Suspend Work, Terminate............................$.8, 13.10, 15.1-15.4 Payment, make prompt.....................8.3, 14.4, 14.13 performance of other work7.1 permits and licenses, requirements ....................6.13 purchased insurance requirements ...............5.6-5.10 OWNER's-- a Acceptance of the Wor............................... 6.30.2.5 Change Orders, obligation to execute,,,,,,,,,, 8.6, 10.4 Communications ............................................... 8.1 Coordination of the Work7.4 Disputes, request for decisioq ............................9 11 Inspections, tests and approvals..................8.7, 13.4 Liability Insurance5.5 Notice of Defects .............................................. 13.1 D 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 World ................................... 10.1 O communications,,,,,,, 8.1 CONTRACTOR's responsibilities ............... 8.9 evidence of financial arrangement�..............8.11 inspections, tests and approvals,,,,,,,,,,,,,,,,,,,,, 8.7 insurance ................................. lands and easements.....................................8.4 prompt payment by........................................8.3 replacement of ENGINEER ...........................8.2 reports and tests............................................8.4 stop or suspend Work..................8.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................8.8, 15.2 separate representative at site ,, 9.3 ........................ xi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) I 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 I AND ' CONTRACT DOCUMENTS FOR Poudre Trail Relocation at Kingfisher Point Natural Area ' BID NO. 7043 PURCHASING DIVISION ' 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS June 16, 2009 — 3:00 P.M. (OUR CLOCK) Article or Paragraph Number written notice required .........................7.1, 9.4, 9.11, ....................................11.2, 11.9, 14.7, 15.4 PCBs -- definition of......................................................1.29 general..............................................................4.5 OWNER's responsibility for...............................8.10 Partial Utilization -- definition of.....................................................1.28 general 6.30.2.4, 14.10 Property Insurance ............................................. .15 Patent Fees and Royalties ....................................... 6.12 Payment Bonds ......................... ................ ..........5.1-5.2 Payments, Recommendation of .............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title ...................14.3 Final Application for Payment ..........................14.12 Final Inspection..............................................14.11 Final Payment and Acceptancq ................ 14.13-14.14 general.........................................................$.3, 14 Partial Utilization ............................................ 14.10 Retainage ......................................................... 1.4.2 Review of Applications for Progress Payments ............................... 14.4-14.7 promptpayment..................................................$.3 Schedule of Values14.1 Substantial Completion...............................14.8-14.9 Waiver of Claims ............................................. 14.15 when payments due ................................. 14.4, 14.13 withholding payment„ ......... ......... ..............14.7 Performance Bonds............................................5.1-5.2 Permits 6.13 Petroleum definitionof ....................................................... 1.30 general.............................................................. 4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 ENGINEER's review 4.2.4 existing structures............................................4.2.2 general 4.2.1.2 ......... ......... ......... ......... ......... Notice of Differing Subsurface or.......................4.2.3 Possible Contract Documents Changq...............4.2.5 Possible Price and Times Adjustments..............4.2.6 Reports and Drawings ..................................... 4.2.1 Subsurface and 4.2 Subsurface Conditions...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities-- general........................................................ 4.3 Not Shown or Indicaed..............................4.3.2 Protection of ........................................ 4.3, 6.20 xii Article or Paragraph Number Shown or Indicated,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.3.1 Technical Data...............................................4.2.2 Preconstruction Conference „ 2.8 Preliminary Matters .............................................. .......? Preliminary Schedules .............................................. 2.6 Premises, Use of ............................................. 6.16-6.18 Price, Change of Contract...........................................11 Price, Contract --definition of,,,,,,,,,,,,,,„..,,,.,.,_,...,,,,1.11 Progress Payment, Applications for ..........................14.2 Progress Payment--retainagq...................................14.2 Progress schedule, CONTRACTOR's,........... 2.6, 2.8, 2.9, ................................. 6.6, 6.29, 10.4, 15.2.1 Project --definition of...............................................1.31 Project Representative— ENGINEER's Status During Construction.............9.3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER,,,,,,,,,,,,,,,,,,,,,,,, ............ , 8.3 Property Insurance-- Additional.........................................................5.7 genera15.6-5.10 Partial Utilization................................5.15, 14.10.2 receipt and application of proceeds,,,,,,,,,,,,5.12-5.13 Protection, Safety and..............................6.20-6.21, 13.2 Punch list ............................................................ 14.11 Radioactive Material-- defintion of.....................................................1.32 general4.5 OWNER's responsibility for...............................$.10 Recommendation of Payment.................14.4, 14.5, 14.13 Record Documents ......................................... .19, 14.12 Records, procedures for maintaining ..........................7.8 Reference Points ........................................................ 4.4 Reference to Standards and Specifications of Technical Societies ......................................... 3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work ............ ..........................9.6 Related Work -- atSite .....................................:.................. 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review....................6.28 Remedies, cumulative ........................... .........17.4, 17.5 Removal or Correction ofDefective Work ..............13.11 rental agreements, OWNER approval required ....11.4.5.3 replacement of ENGINEER, by OWNER,,,,,,,,, ......8.2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.14.2 Reports -- and Drawings ................................................. 4.2.1 and Tests, OWNER's responsibility ......................8A Resident and Project Representative -- definition o..................................................... 1.33 provision for............................................................9.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 1 0 LIB �d 0 I a Article or Paragraph Number Resident Superintendent, CONTRACTOR'$ ............... 6.2 Responsibilities_ CONTRACTOR's-in general „ 6 ENGINEER's-in general ............. . .... ................... 5 Limitations on.............................................9.13 OWNER's-in general..............................................8 Retainage............................................................J4.2 Reuse of Documents..................... �.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................6.25 Review of Applications for Progress Payment...................................... 14.4-14.7 Right to an adjustment .......................................... 10.2 Rights of Way..........................................................4.1 Royalties, Patent Fees an........................................ .12 Safe Structural Loading„........................................0.18 Safety -- and Protection ................................4.3.2, 6.16, 6.18, ......................................6.20-6.21, 7.2, 13.2 general .................................................... 6.20-6.23 Representative, CONTRACTOR's......................6.21 Samples -- of.......................................1.34 definition ............... . general..................................................... 6.24-6.28 Review by CONTRACTOR ; ............................... 6.25 Review by ENGINEER..............................6.26, 6.27 related Work .................................................... 6.28 submittal of ................................ 6.24.2 submittal procedures ........................„ ............. 6.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6, .........................................6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................6.6 Change of Contract Times.................................10.4 Initially Acceptable ....................................... .... ......... ........ ....... 2.8, 2.9 Preliminary.............. ............................. .............2.6 Scope of Changes ..................................... 10.3-10.4 Subsurface Conditions „4.2.1.1 Shop Drawings -- and Samples, general.................................6.24-6.28 Change Orders & Applications for Payments, and.........................................9.7-9.9 definition of......................................................1.35 ENGINEER's approval of ,,,,,,,, *...................3.6.2 ENGINEER's responsibility for review .................................... 9.7, 6.24-6.28 relatedWork.....................................................6.28 review procedure................................ 2.8, 6.24-6.28 Xi» Article or Paragraph Number submittal required .............................................. 6.24.1 Submittal Procedures ..................................... 6.25 use to approve substitutions .............................. 6.7.3 Shown or Indicated...............................................4.3.1 Site Access ............. _..7.2, 13.2 Site Cleanliness......................................................6.17 Site, Visits to -- by ENGINEER...........................................9.2, 13.2 byothers..........................................................13.2 "special causes of loss" policy form, insurance......................................................... .6.2 definition of.....................................................1.36 Specifications— defination of....................................................1.36 of Technical Societies, reference t4,,,,,,,,,,,,,,,„..3.3.1 precedence .................................... ............... 3.3.3 Standards and Specifications of Technical Societies,,,,,,,,,,,,,,,, 3.3 Starting Construction, Before ............................. 2.5-2.8 Starting the Work ............................................... 2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER ..................................... 8.8, 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.....................................................1.37 delays.................. ..........................................12.3 waiver of rights............„......................... ........ 6.11 Subcontractors --in general...............................„6.8-6.11 Subcontracts --required provision$ ......... 5.11, 6.11, 11.4.3 Submittals -- Applications for Payment.................................14.2 Maintenance and Operation Manuals...............14.12 Procedures.......................................................6.25 Progress Schedules ......................... ..........2.6, 2.9 Samples ............... ................ 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 ........................................ 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" Item$ .................... __6.7 CONTRACTOR's Expense..........................„6.7.1.3 ENGINEER's Evaluation.................................6.7.3 "Or-Equal"...................................................6.7.1.1 Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) i �I Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items ............................................ 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng to ........................4.2.1.2 ENGINEER's Review ........... ......... ............. 4.2.4 general..............................................................4.2 Limited Reliance by CONTRACTOR Authorized.................................................4.2.2 Notice of Differing Subsurface or Physical Conditions ,,,,,,,,,,,,,,,,,,,,,*....... .,,..,.,....4.2.3 Physical Conditions ...................................... 4.2.1.2 Possible Contract Documents Change ............4.2.5 Possible Price andTimes Adjustments ............4.2.6 Reports and Drawings ...................... ............ 4.2.1 Subsurface and ........... ......... ......... ............... 4.2 Subsurface Conditions at the Site...................4.2.1.1 Technical Data,,,,,,,,,,,,,,,,,,,,,, ,,,,,,.., .............4.2.2 Supervision— CONTRACTOR's responsibility ...........................6.1 OWNER shall not supervis................................. 8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13.2 Superintendence.......................................................0.2 Superintendent, CONTRACTOR's resident...............0.2 Supplemental costs..............................................11.4.5 Supplementary Conditions -- definition of......................................................1.39 principal references to.................1.10, 1.18, 2.2, 2.7, .......................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ............... 5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Document*.........................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..........................................I.....6.11 Surety -- consent to final payment ........................14.12, 14.14 ENGINEER has no duty tq................................9.13 Notification of..................................10.1, 10.5, 15.2 qualification of............................................:5.1-5.3 Survival of Obligations ........................................... 6.34 Suspend Work, OWNER May ,,,,,,,,,,,,,,,,,,,,,,,13.10, 15.1 Suspension of Work and Termination- .......................15 CONTRACTOR May Stop Work or Terminate...............................................15.5 OWNER May Suspend Work.............................15.1 OWNER May Terminate............................15.2-15.4 Taxes --Payment by CONTRACTOR .........................6.15 Technical Data -- Limited Reliance by CONTRACTOR .................4.2.2 Possible Price and Times Adjustments..............4.2.6 Reports of Differing Subsurface and Physical Conditions....................................4.2.3 xiv Temporary construction facilities ............................. 4.1 Article or Paragraph Number Termination -- by CONTRACTOR...........................................15.5 by OWNER........................................8.8, 15.1-15.4 of ENGINEER's employment...............................$.2 Suspension of Work-in general ......... ..................15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others............................13.2 CONTRACTOR's responsibilities ......................i3.5 cost of 13.4 covering Work prior to..............................13.6-13.7 Laws and Regulations (or) ................................ 13.5 Notice of Defects...............................................13.1 OWNER May Stop Work ..... ......... ............„13.10 OWNER's independent testing ........ ................13.4 special, required by ENGINEER ..........................9.6 timely notice required.......................................13.4 Uncovering the Work, at ENGINEER's request.................................................13.8-13.9 Times-- Adjusting............................................................6.6 Change of Contract.............................................12 Computation of.................................................17.2 Contract Times --definition of ...........................1.12 day.............................. ......... .............1.7.2.2 Milestones..........................................................12 Requirements-- appeals.................................................9.10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Time$,,,,,,,,,,,,,,,, 2.3 Preconstruction Conference 2.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work..........................................2.4 Title, Warranty of ................................................... 14.3 Uncovering Work.............................................13.8-13.9 Underground Facilities, Physical Conditions -- definition of....................................................1.41 Not Shown cr Indicated ................................... 4.3.2 protection of .......................... .... .............4.3, 6.20 Shown or Indicated..........................................4.3.1 Unit Price Work-- claims.........................................................1.1.9.3 definition of....................................................1.42 general11.9, 14.1, 14.5 Unit Prices -- general 11.3.1 Determination for ............................................ 9.10 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 Work...................................................11.3 Values, Schedule of..............................2.6, 2.8-2.9, 14.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized ....................................... 6.25, 6.27, 9.5 Article or Paragraph D Number Visits to Site --by ENGINEER .............. 9.2 ...................... Waiver of Claims --on Final Payment .................... 14.15 0 Waiver of Rights by insured parties..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................4.30 Warranty of Title, CONTRACTOR's........................14.3 Work -- 0 Accessto..........................................................13.2 byothers............................................................... 7 Changes in the....................................................10 Continuing the .................................................. 6.29 CONTRACTOR May Stop Work or Terminate................................. 15.5 Coordination of Cost of the.................................................11.4-11.5 definition of ...................................................... 1.43 O neglected by CONTRACTOR...........................13.14 other Work...........................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work .................. 13.10, 15.1 O Related, Work at Site..7.1-7.3 Starting the........................................................2.4 Stopping by CONTRACTOR.............................15.5 O Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minol........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of ............................. principal references to......................3.5.3, 10.1-10.2 Written Amendment -- definition of .... ..................................................1.45 O principal references to 1.10, 3.5 5.10 15.12 ........................6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations.................................3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR ............................ 7.1, 9.10-9.11, ........................................... 10.4, 11.2, 12.1 ' by OWNER ..................... .10-9.11, 10.4, 11.2, 13.14 ixv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) F�� J C 1 I GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3.. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid --The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents --The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds --Performance and Payment bonds and other instruments of security. 1.9. Change Order --A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents --The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 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 limes —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective --An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any 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). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order --A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements --Sections of Division I of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.22.b. Legal Holidays --shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award --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 Documents. 1.27. OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs --Polychlorinated biphenyls. 1.30. Petroleum --Petroleum, including crude oil or any 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 Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours --Regular working hours are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings --All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications --Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions --The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier --A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities --All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or H I [l 1 I materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive --A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents. 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed. 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event %ill the Gent+aet Times eew.meaee te F:an later- than the sixtieth day after- the day ef the .g efne . Starting the Work. 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all . applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones 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 case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and ^unu- 3AWE c shall eaeh deliver to *e ethef OWNER, with copies to eaeh additie a! i ide-At.F_a in the C. ple ent. Cendition ENGINEER, certificates of insurance (and other evidence of insurance r-easenably request requested by OWNER) which CONTRACTOR and ONVT�TER re eetiveiy a o is required to purchase and maintain in accordance with paragraphs 5.4, 5 . Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, at least ten days be f .e submission f the fir - before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as apgrepr ate designated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent., 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed. whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies, Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. 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 ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or L 1 d r 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). own risk. No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and, responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their 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 ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. 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), or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof j prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability 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. 0414FR's interest therein o feF bb NOtie of filingeeha e's lie against h lands aeeer-danee —Frith epplieable Lams and Regulatiens- OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SOILS REPORT CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions. 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized, - Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 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 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, pr-empfly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the I Li ii 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 ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 43. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full, responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety. and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to ,the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, pr-ex3ptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in -the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points. 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR ' to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site Which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. ARTICLE 5—BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 53. Licensed Sureties and Insurers, Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. ^""�„ al Cans, eei4i€ieates—e€—insti--anee (and --ath-er :dense er insuranee reEFaested by CONTr? n CT-@ EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR's Liability Insurance. 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include 'as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons 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; 5.4.9. include completed operations insurance; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has'been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and_ CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 11 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others i-n the We..1. ♦e the extent of • in y deduetible n nts that n identified in the Supplementar-y Gendifiens. The risk ef less . ithi„ s el. identified deduetible n nt ,ill be befit by CONTRACTOR, Subeentfaeter er others suffeFing any .el, lens and if n of them isles p e,.e.-t.. , EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ri�rsinaslenssi_ ! llYo]m Pi �I n r— IJ Receipt and Application 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 loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and; i eq ed in %Titing by any pafty in pr^i,e`- pe f fmanee of sue-h det . Acceptance of Bonds and Insurance, Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the BendsF insurance required to be purchased and maintained by the ethef pa CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the OWNER will notify CONTRACTOR in writing within tea fifteen days after reeeipt delivery of the certificates (o- other eNide e to OWNER as required by paragraph 2.7. 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence. 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. 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 ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment. 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday, Sunday Holidays or outside the Regular Working Hours. I 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the 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 burn 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 ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description 12 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal": If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state 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 subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected ' by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CON7R,4CTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at ' CONTRACTORSs expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, ' sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to ' that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be 1 allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER'S_ prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require ' CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in ' evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse ' OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers. and Others: ' 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ' ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom ' CONTRACTOR has reasonable objection. I EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6_9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting). The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. if the Stipplefnentai=y Gendi Biddin¢ Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,—and--iu' CONTRACTOR has L •t4 .7 list th f t 4....., Gend:4 aeeerdartee FF4th the st3ppcexicciccar� cvncns:vas_ OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) e€ Arganiz„tine se identified as aay be s .o,t «nd o==the o:� ,.creasonable ,.t,•Juv4: ..ao due inw.,estiga4en-, basis, in Fvl3ieh ease GOB , 'RAC OR mil(— e acceptable substitute, the Gentmet Priee.ill be adjusted b the a diLYE..�.aavai the est ~1. eE Jstiet. t. .nf... 44:...tan Changen4u n a will be ...sued or Wfitten Afnendment signed. will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or. organization on the Work unless prior written approval is _obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTORSs own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier . or other . person or. organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever- any sueh agFeemen additional insured en the pf prokided in G-ONT-R-A-G-TOR and the er Supplier Ail! waives all rights against OWNEPL, CONTRACTOR; E"T�EER, ENGPIEER'S Consultants -and allot her- additienal insureds fer all losses and damages eaused by, Supplier, CONTRACTOR will ebtain the saffle, Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any 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 GENERAL CONDITIONS 1910-8 (1990 Edition) 14 w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the proiect. Said taxes shall not be included in the Contract Price. CONTRACTOR must apply for, and receive, a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be physically incorporated into the project. This Certification of Exemption provides that the CONTRACTOR shall neither pay nor include in his Bid, Sales and Use Taxes on those building and construction materials physically incorporated into the proiect. Address: Colorado Department of Revenue State Capital Annex ' 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado. Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises. 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery_ and, surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated 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. AN damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other , person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15