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HomeMy WebLinkAboutCONSOLIDATED DIVISIONS INC - CONTRACT - BID - 7076 POUDRE TRAIL REHABILITATION JUNCTION AND ELS' ���� O� Financial Services Purchasing Division 215 N. Mason St. 2"' Floor 6rt o ins PO o Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 P u rc h a s i n y fcgov. com/purchasing ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS ' Description of RFP 7076: Poudre Trail Rehabilitation — Junction and ELS OPENING DATE: 3:00 P.M. (Our Clock) October 6, 2009 ' To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. ' CLARIFICATIONS: ' 1. For this project, what taxes as a contractor are we responsible for implementing into our bid, including State sales and RTD taxes, as well as local use, head, sales, material, and equipment taxes? Answer. The City of Fort Collins is tax exempt. 2. For this project, what Permits at the state and local level will be required for the contractor to obtain? What costs will be associated with these Permits? Answer. A Floodplain Use Permit from the City is required for this project and it will ' be obtained prior to construction. The fee and permit will not be the Contractor's responsibility to obtain. All other State and local permits, if any, are the responsibility of the Contractor. t3. What, if any, utility conflicts will be foreseen on this job? If there are conflicts, what agency and utility work will need to be completed before work is to begin? ' Answer. Utility locates are the responsibility of the Contractor. Utility conflicts are not anticipated. Any utility conflicts identified during construction will be assessed on a case by case basis. 4. This being a Fall project, adverse weather is inevitable, winter protection is anticipated. Stain and discoloration will result in using winter protection, who will be responsible or how will the problems be address? ' Answer. The project is expected to give Notice to Proceed shortly after bid opening with allowable number of days for completion identified in the bid docs. Bid accordingly. I,] 1 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the. sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other ' contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, .(b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by -the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Rev10/20/07 Section 00100 Page 2 n IJ paragraphs 11.9.1 through 11.93, inclusive); ' 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including; lump sum (which may include an allowance for 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 Cast of the Work (determined as provided in paragraphs 11.4 and 1 13) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost nfthe Work: i I A. 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 cniploy of CONTRACTOR in the performance of the Work under schedules of job clacsaGcations agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation 1 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 include, but -not be limited to; salaries and wages plus the cast of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health arid -retirement benefits, bonuses; i pay applicable thereto. 1 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 Wort:, 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 1 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 ULNERAL COND111ONS 1910-8 (1990 Editim) 24 w! CITY OF PORT COLLI NS MODIFICAnONS %rV 4/ 000) 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 lee shall, be determined in the name manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 1 L4, 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 CONfRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cast, 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 CONT%%CTOR 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 1 performance and furnishing. of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. K however, any such loss or damage requires reconstruction and CON'rRAC"rOR is placed in charge thereof CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11 A:5.7. The cost of utilities; fuel and sanitary faedities 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. Cast of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The tern Cost of the Work shall not include any of the following: II5.1. pavroll costs and other compensation of CONTRAC4TOR'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 11.4A-all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTR,kCTOR for delinquent payments. 11.5A 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). UCDC GENERAL CONDITIONS I910-8 (1990 Edlion) w/ CITY OF FORT COLLINS MODIFICATIONS (Rl y U2000) 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 casts of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR'. fee allowed to CONTRACTOR for overhead. and profit shall be determined as follows: 11.6; La 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 arc on the basis of Cost of the. Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2,. 11.4.3 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 fea o€-fiva-parcant-of-tha anaottnE-paid Fo the next -lower -tier —Subcontractor; to be negotiated in good faith with the OWNER but not to exceed five percent of die 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 1 l .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 in amount equal to five•percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one shame, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 75 1 1 1 u determined pursuant to paragraphs 1 lA 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 Allmvances: l 1.5. 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.S.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 Nice 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 icstred as recommended by FFNGINFER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Nice shall be correspondingly adjusted: 11.9. Unit Price {York 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 I 1 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CON'rRACI'OR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; �� E1CDC GENERAL CONDITIONS 1910-8 (1990 Editim) ee'/ CITY OF FOKr COLLINS MODIFICATIONS (JU:V dT?00(Y) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 119.33. if CONTRAC:'TOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the rieht to add or delete items in the Bid or change quantitics at OWNER'S sole discretion without affectine the Contract Price of anv remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ,&R,riGLE 12--CHANGE oI' camrRACT 1'I.NIFs 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 FNGIN17ER 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. Noticc of the extent of the claim with supporting data shall be delivered within sL\ty 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 Nfilestones) shall be determined by F..NGINEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree, No claim for an adjustment in the Contract Times .(or VLlestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12?. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.1 ltrhere 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 I 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 Nfilestones) in an amount equal to the time lest 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 T ARTICLE 13—TESTs AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DE7-F_'CTIVI: 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 M defective Work may be rejected, corrected or accepted as provided in this Article 13. Recess to Work: 13.2. OWNER; ENGINEER, 1NGINEER's Consultants, other representatives and personnel of OWNER, independent testing hiboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable —times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Teals 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. 06VNER 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 CONDITIOM 1910-8 (1990 Edtim) cv/ CITY OF FORT COLLINS MODIFICATIONS (RL•-V 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 thereot) specifically to be inspected,. tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspectiotu, tests or approvals, pay all costs in connection therewith, and furtiish ENGIi'NEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNERS and ENGINEERs acceptance of materials or equipment to be incorporated in the Work, or ofmaterials, mix designs; or equipment submitted for approval prior to CONTRACTOR's purchase thereof Cor 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 F'.NGINEER, it must, if requested by ENGINEER- be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13,6 shall he at CONTRACTOR'S expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's. intention to cover the s<gtne and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering ; ork. 13.5. 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. Tf FNGLNEER considers it necessary or advisable that covered Work be observed by ENG&TEER 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, CONfRLACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such ucoverin& 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 J 1 r 1� J 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 I 1 and 12. OWNER May Stop the Work: 13.10. If the Work is de%etive,.or CONTRACTOR fails to supply sufficient skilled workers or suitable materials -or equipment, or fails to fumish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order'CONTRAGMIZ 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 CONE RAC: TOR or any surety or other party. Correction or Removal ofDefeedve li ork. 13.11. If required by F..NGMER, CONTRACTOR shall promptly, as directed, either coriect 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, casts, lasses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13,12. Correction Period: 13.111. If within ens yea two years 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 4!/ective, CONTRACTOR shall promptly, without cost to OWNER -and in accor(Lime 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) ntisfactorily 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 arttl 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 13.123. Where defective Work (and damage to other EJCDC GENERAL CONDITIONS 1910-8 (1999 Edition) 28aVC[IYOFFOR'rCOLLINS 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 one yaof two nears 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 costa to be approved by ENGINEER as to reasonabltstcss). 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 blot, Correct Defective Work: 13,1 il. 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, attar seven days' written notice to CONTRACTOR; correct and remedy any such deficiency. In exercising die rights and remedies tinder 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, OWNERS representatives, agents and employees OWNER's other contractors and ENGMER and INGLKEER'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 arc unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, costa, lasses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed. or damaged, by correction, removal or replacement of CONTRACTOR's defecrnle Work. CONTRACTOR shall not be allowed an extension of the Contract Tortes (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER'S rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND CONIPLETION Schedule of Values. 14.L 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 % i II be based on the number of units completed. .4pplication for Progrew 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 rewinage with respect to progress payments will be as stipulated in the AgreemenL Any funds that are withheld by the OWNER shall not be sub iea to substitution by the CONTRACTOR with securities or any arrangements involving an escrow, or custodianship. By executi ppfiwq n for oavmertt form the CONTRACTOR expressh' waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, el seg. COATR4CTOR's Warranty of Title. 14.3. CONTRACTOR warrants and guarantees that title to all Work, materialsand 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 Liens. Review of.4pplieations for Progmm Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 191" 0990 Ed im) H/ CITY OF FORT COLLINS MODIFICATIONS (RL•-V 4R000) 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 ENG TEER'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 recommendntion.of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER'.-, 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 accompanvinng data and schedules, that to the best of SNGINEER'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 eafled 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. ENGINEERRs 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 anv 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 furnnish 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. 1 F� I J 11 OWNER referred to in paragraph 14.5. ENGh TER 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 ENGWEER'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, 143.2. 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,.FNUINFFR because: 14.7.5. claims have been made against OWNER on account of CONTRAC'fOR'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, 143.7. there are other items entitling OWNER to a set- offagainst the amount recommended or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7,1 through 14.7.3 or paragraphs 15.2.1 through 15:2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWiNTER 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. ENGLNTEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER 1n EJCDCGENERAL CONDITIONS 1910.8 (1990 Edi(im) w/ CIIY OF FORT COLONS MODIFICATIONS (REV 4/1000) 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, alter 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 dcfiniti6c 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 alter 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 COArI'RACTOR from the Work affix 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 OWNF,R'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. 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 LNGINEER 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 I -NGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notifv OWNER and CONTRACTOR in writing living the reasons therefor. If ENGINEER. considers, that part of the Work to be substantially complete, the provisions of paragraphs 14.3 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 parliculars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall, immediately take such measures as are necessary to completesuch work or remedy such deficiencies. Fnal'Application forPavnient.- 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 subparagraph5.4.1"3, (u)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 Wort:_ fn 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 OENEILALL CONDITIONS I91" (19W E(fi ion) wl CITY OF FORT COLLI NS MODIFICATIONS (REV 4n000) to furnish such a release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satisfactory to OLVNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the suretv to finalize pyvment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Project manual. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection and ENG1'NEER'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 wnting 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 nccesktry corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate, form and substance and with ENGIiNEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to par-mrraph 17.6.2 of these General Conditions. 14.14. I£ through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt. of CONTR.ACTOR'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 rdainage 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 lolly completed and accepted shall be submitted by CONTRACTOR to' ENGWEER with the Application for such payment Such payment shall be made under the terns and conditions governing final payment, except that it shall not constitute a waiver of claims. IVaiver 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 i� 1 �I I rA 1 Tonal 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 14.152. 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 01MVER'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 uill fix the date on which Work will la; 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 Time.% or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and I?. OWNF_Yt dray Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently tails 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); 15.22. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15,2:3. if .CONTRACTOR disregards the authority of ENGINEER; or 15.14. 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 CONTR.ACTOR's tools, appliances, construction equipment and machinery at thesite and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC OLNER,1L CONDITIONS 191" (1990 E(ition) 32 WICI7YOFFORT COLLIN51MODIFICATIONS(REV 412000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient.. In such rase CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, cost& 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.perfonmed. 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_liahility. 15.4. Upon seven days written notice to CONTRACTOR and ENE GINUFR, 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 etTective date of tennination, including fair and reasonable sums for overhead and profit on such Work; 15.42. 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 term final ion. 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 Maly Stop lVork or Terminate. 15.5. K 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 ENGNNMR fails to acton any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if EN024EER has failed to act on an Application for Payment within thirty days after it is submilted,.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 CON1'RACT0R- from making claim under Articles 11 and 12 for an increase in Contract Price or Contract 'rimcs or otherwise for expenses or damage directly attributable to CONTRACCOR's stopping Work as Permitted by this paragraph. ARTICLE: lfi—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for res<-lving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in F-xhibit 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 paragraphs9.10, 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—NIBCELLANEOUS wing :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 isintended, 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. Conrpittation 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. FJCDC GENERAL CONDITI ONS 1910,8 (1990 Edtim) WCIIY OF FORT COLLINS MODIFICATIONS (REV,1/1000) 172.2. A calendar day,of twenty-four hours measured from midnight to the next midnight will constitute a day. IVodce of Claim: 17.3: Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or. act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other patty 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.sulzstitute for or a waiver of the provisions of any applicable Statute of limitations or repose.Cumulative 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 wariantics, guarantees and obligations imposed upon CON,rRAC'l'OR by paragraphs 6.12, 6.16, 63R 6.31, 6.32, 13.1, 13.127 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGiNEFR thereunder, are in addition to, and are not to be construed in any way as a limitation of, any right-. 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 F"eev 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 _app y to this Aureeirient Reference to two Nrtinent Colorado statutes are as follows; 17.6.2. 1f a claim is filed, OWNER is required by law (CRS 38= 6-107) 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 ' 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 I answered by formal written Addenda will be binding.. Oral and other interpretations or clarifications will be without legal effect. ' 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. ' 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. ' 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY ' 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security ' must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions ' for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required ' contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited..The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the ' Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after ' the Bid opening. 7.0 CONTRACT TIME. The. number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. Rev10/20/07 Section 00100 Page 3 J I J n Fl L F XDC GENERAL CONOMON51910-3 (1990 Editim) 34 w/ CITY OE FORT COLLI M MODIFICATIONS (REV 4P_000) 1 (This page left blank intentionally.) EJCDCOENERAL com hors I9io$ o9go E(6tion) 35 ail CITY OF FORT COLLINS MODIFICATIONS (REV dl1000) I� J 36 EJCDC GENERAL COND111 ONS 1910-3 (1990 E(fition) ' W) CITY OF FORT COLLI NS MODIFICAIIONS (REV 412000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNTM-- and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contmcr between OWNER and CONI'RAGfOR 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 obtainirto, 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 initiallv for decision in accordance with paragraph 9.11 will 6e 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 ENTGINEER'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 he barred by the applicable statute of limitations. EJCDC GENERAL CONDnTONS 1910-3 (1990 Ethii,n) nv/ CITY OF FORT COLLINS MODIFICATIONS /REV 9199) 16.4. Except as provided in paragraph I6:5 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- EI\rGIlVEER'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 CONTRACI'OR has been obtained for such inclusion, which consent shall make specific reference to this pamgmph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 165. Notwithstanding paragraph 16A, 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 ENGItii TEER's Consultants that does riot 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 Me a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -AI EJCDC GENERAL CONDITIONS 1910-3 (1990 EtEliat) w! CITY OF FORT COLLINS MODIFICATIONS (REV 9194) GC -A I SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS ' Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of ' the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. ' The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 ' 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. ' 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . ' Rev 10/20/07 Section 00800 Page 1 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing Rev 10/20/07 DATE: DATE: DATE: Section 00950 Page 1 . # q q q � k % / O w o ƒ �wdd� wezzu . §02a§. . =zzz= z°z ic co / ) w . /C0-0� . a.{ �$ƒ $ 3. . 7 - § . \ \ § \ ) a 0 \ -0\ \ \ / \ ' ° _ % { \ \ e a E / 0 o o § .. m 2 , $ [/ . g \ m k 2 � 7/ i 8± . y U) » I f _ c ta0m m»2 < .m- _% § n } 0 Ec k2kk ® R© w w h � � k� z \ «�«a® 2w \E 0E'=& / § � \ § e �- � 7 - a o % 2 r - 5 - L) j � - £ R f a)a 0 7 G, o £ 2 L < &2 « 6z 2 m UF- E m. < < z o = 2 % $ ' q$ . E > 6 51 .. .. 2 .. cn e E £ E m _ § �i g 0 8 ! 2 ¥ z ) .0 } / \ tm \ q \ . j } / / / _ « m # k k \ - < < < _ / 2 - « - m ! 0 1 - # e a e 2 e s u S( : m ; e e < o§ C 3 3 o i # ®_ \ 2 2 f \ / § w . ) < < < § z § j§ j j j 2 t i % \ \ % ) � / § j o 7 f a) £ . ¥&> <5cu i�an . -0 2} \ . k. § U� m z a E 6 E k E k = I u 7 f 2 0 a m a » m cu m z . z o e_ e o 0 I c CL 0 = 0 w e m < a 0 \ 0 c 0 / 0 2 CD ƒ 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 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OaQ W 2 02 U)U) c 0 U N N U � J C � ~ Z O N a)Z I:r O a 0 rn 0 0 O .H 41 U N U) TABLE OF CONTENTS TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REOUIREMENTS Section 01000 Project Summary Section 01100 Summary of Work Section 01160 Site Conditions Section 01290 Measurement and Payment Section 01300 Coordination and Project Meetings Section 0 13 10 Construction Schedules Section 01330 Shop Drawings, Product Data and Samples Section 01340 Survey Data Section 01450 Quality Control and Testing Section 01500 Temporary Controls Section 01510 Temporary Utilities Section 01570 Traffic Control Section 01600 Material and Equipment Section 01700 Contract Close -Out Section 01800 Definition of Bid Items DIVISION 2 SITEWORK Section 02050 Section 02100 Section 02200 Section 02221 Section 02720 Section 02750 Section 02900 Sheet A-1 Sheet A-2 Sheet A-3 SCHEDULE OF DRAWINGS Demolition Mobilization Earthwork and Grading Trenching, Backfilling and Compacting Aggregate Base Course Portland Cement Concrete Paving Site Re -vegetation Junction — Trail Detour Exhibit Junction — Trail Detour Exhibit ELC — Trail Detour Exhibit Sheet 1 Junction - Cover Sheet & Vicinity Map Sheet(s) 2-4 Junction — Trail Plan & Profile Sheet(s) 5-6 Junction — Cross Sections Sheet(s) 7 Junction — Details Sheet 1 Sheet(s) 2-3 Sheet(s) 4 Sheet(s) 5 City of Fort Collins Park Planning and Development ELC — Cover Sheet & Vicinity Map ELC — Trail Plan & Profile ELC — Cross Sections ELC — Details Table of Contents DIVISION 1 ' _ -. _ -_ SECTION 01000 — PROJECT SUMMARY PART 1 - GENERAL 1.01 Scope A. This section contains general requirements that are applicable to this project. ' 1.02 Description Work of 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. Qualifications 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 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 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. ICity of Fort Collins Park Planning & Development Division SECTION 01000 - PROJECT SUMMARY Page 3 of 4 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. 1.17 Construction Superintendent A. The construction superintendent shall be at the job site any time 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) END OF SECTION City of Fort Collins SECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 4 of 4 C SECTION 01100 - SUMMARY OF WORK PART 1 - GENERAL 1.01 Description of Work A. The City of Fort Collins Poudre Trail rehabilitation includes erosion control, demolition of existing asphalt trail, minor earthwork, traffic control, new 10' wide colored concrete trail, landscape restoration, hydro -seeding for any areas disturbed by construction and surveying. 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 Park Planning & Development Division SECTION 01100 — SUMMARY OF WORK Page 1 of 2 PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used), PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of FortCollins SECTION 01100 — SUMMARY OF WORK Park Planning & Development Division Page 2 of 2 11.2. Bid Forms must be complete in ink or typed. All lump sum prices ' on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed ' and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate ' name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. ' 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). ' 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. ' 11.8. The address and telephone number for communications regarding the Bid shall be shown. ' 12.0 BID PRICING. ' Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. ' 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the ' Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with ' the notation "BID ENCLOSED" on the face of it.- Rev10/20/07 Section 00100 Page 5 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. ' 2. 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 Page 1 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 3.01 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 result of the Contractor's failure to protect utilities encountered in the work. F. 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. City of Fort Collins SECTION 01160 — SITE CONDITIONS Park Planning & Development Division Page 2 of 3 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 _i ' City of Fort Collins Park Planning & Development Division SECTION 01160 — SITE CONDITIONS Page 3 of 3 1 !DIVISION 1 SECTION 01290 - MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 Description 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 SECTION 01290 — MEASUREMENT AND PAYMENT Park Planning & Development Division Page 1 of 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 B. times as requested by the City or required by the progress of the Work. Attendance shall include: 1. Contractor and Superintendent ' 2. Owners Representative 3. Landscape Architect ' C. 4. Others as may be requested by contractor, Landscape Architect or Owner Minimum Agenda include: shall 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 Park Planning & Development Division SECTION 01300 —COORDINATION AND PROJECT MEETINGS Page 1 of 1 DIVISION 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 project administration 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. 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. 1. 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 SECTION 01310 —CONSTRUCTION SCHEDULES Park Planning & Development Division 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 Park Planning & Development Division SECTION 01310 - CONSTRUCTION SCHEDULES Page 2 of 4 1 Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays 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. City of Fort Collins — Soft Gold Park SECTION 01310 — CONSTRUCTION SCHEDULES Park Planning & Development Division Page 3 of 4 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 Park Planning & Development Division SECTION 01310 — CONSTRUCTION SCHEDULES Page 4 of 4 DIVISION 1 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 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully.in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to, Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability Rev 10/20/07 Section 00100 Page 6 I 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. £ 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 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 1 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 SECTION 01330 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Park Planning & Development Division Page 3 of 3 B !DIVISION 1 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 all the points displayed on all cross -sections found in the plan set. 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 Park Planning & Development Division SECTION 01340 — SURVEY DATA Page 1 of 1 "DNISION 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 a 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 CONTROL AND TESTING Park Planning & Development Division Page 1 of 2 1 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 anytime 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 Feld 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 11 City of Fort Collins Park Planning & Development Division SECTION 01450 — QUALITY CONTROL AND TESTING Page 2 of 2 DIVISION 1 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 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. END OF SECTION 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 1 I 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 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 operation. F. 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. 1. 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. 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. I. 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 Fla99 ers 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 11 I City of Fort Collins Park Planning & Development Division SECTION 01570 - TRAFFIC CONTROL Page 2 of 2 DIVISION 1 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 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. 1.03 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. 3. . "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 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. t 3. 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. City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 1 of 3 or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. ' 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in ' the Bid.Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of ' Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating ' costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed ' Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's.satisfaction within the prescribed time. ' 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to ' OWNER that' the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded.. 17.6. If the Contract is to be awarded, OWNER will give the Successful ' Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's ' requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be ' accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the Rev 10/20/07 Section 00100 Page 7 7 n 1 F� H 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 r DIVISION 1 -� 1 ' 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. ' 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 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 personnel of changeover in security provisions. 8. 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, construction tools, and similar elements. 9. 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 0 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 & Development Division Page 2 of 5 ' B. Record Drawings: Maintain a clean, undamaged set of blue or black line whiteprints 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 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: ' "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: 1 Position: 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 tand 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 Park Planning & Development Division SECTION 01700 — CONTRACT CLOSEOUT ' Page 4 of 5 DIVISION 1 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 lines, notes on the drawings and specifications. The work described in each Bid Item may contain work from one or several technical specifications sections. Contractor shall refer to the technical specifications that apply to the ' individual components. Bid Items 1 and 10 — Mobilization This work includes the mobilization of personnel, equipment and supplies at the project site(s) in preparation for work on the project, as well as the establishment of the Contractor's office, 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 Items 2 and 11 — 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 project. City detour or closure drawings are intended to provide a base traffic control ' plan that the contractor will finalize and submit to all appropriate entities for approval. Bid Items 3 and 12 —Surveying Contractor shall furnish a professional land surveyor, licensed in the State of Colorado for construction staking and ' for AS -BUILT verification. AS -BUILT verification shall include field verifying that all points on all cross -sections, as detailed on drawings, comply with construction documents 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. 1 Bid Items 4 and 13 — Erosion Control Contractor shall furnish all labor, materials and equipment to 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. All items subject to City Stormwater inspection and approval. ' Bid Items 5 and 14 — Demolition Contractor shall provide all labor and equipment for demolition and removal of asphalt and base material of the existing 8' to 10' wide asphalt trail to a depth of 6 inches in accordance with the Drawings and Specifications. Asphalt is typically 3" thick, but can be thicker in sections. Work includes removal, hauling, disposal and fees. ' Bid Items 6 and 15 — Colored Concrete Paving — 5" Thick 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 five -inch (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 compound; furnishing and edging the concrete surfaces; joints ; and all other related and necessary materials, work, and equipment required to construct the flatwork areas in ' accordance with the Drawings and Specifications. Bid Items 7 and 16 — Landscape Restoration Contractor shall provide all labor and equipment to backfill concrete trail and fine grade disturbed areas for ' preparation of seeding operations in accordance with the Drawings and Specifications. This item includes removing any debris or rocks larger than 1 ''/z" from seed preparation areas. I City of Fort Collins Section 01800 - Definition of Bid Items Park Planning & Development Division Page 1 of 2 Bid Items 8 and 17 —Hydro Seeding Contractor shall provide all soil preparation; fine grading; fertilizer; herbicide; seed; labor; hydro -mulching and equipment to seed areas in accordance with the Drawings and Specifications. Bid Item 9 — Temporary Construction Access Crossing Contactor shall provide all labor, material and equipment to construct and maintain the temporary access crossing including but not limited to the placement of clean fill and a 24" culvert in the drainage channel in accordance with the Drawings and Specifications. This item also includes complete removal of the temporary access crossing and restoration of all affected areas to conditions "equal to or better than' existing site conditions that existed prior to construction. END OF SECTION END OF DIVISION 1 City of Fort Collins Park Planning & Development Division Section 01800 - Definition of Bid Items Page 2 of 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 this 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 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 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 Park Planning & Development Division Section 02050 - Demolition Page 1 of 1 is '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. t 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. 11 City of Fort Collins Section 02100 — Mobilization Park Planning and Development Division Page 1 of 2 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. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION Rev 10/20/07 Section 00100 Page 8 PART 2 - NOT USED 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 ' the Contractor's costs or schedule for completion, a proper adjustment to the Contract will be made in accordance with the General Conditions. I 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 City of Fort Collins . Section 02100 — Mobilization Park Planning and Development Division Page 2 of 2 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. 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. 1.05 Testing and Inspections Coordinate and schedule testing with Owner's Representative. City of Fort Collins Section 02200 — Earthwork and Grading Park Planning & Development Division Page 1 of 5 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 sands (SW, SP) 3. Native soils as determined acceptable by the Owner's Representative. ' 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 ' embankment construction. Field 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. Before earthwork operations are started, all construction items shall be completely staked out for the Owner's approval. C. Removal of Top Soil: 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. 3.02 Excavation A. Prior to beginning excavation operations, accomplish all site preparation in accordance with the ' specifications. Perform excavation of every description to conform to the grades and elevations per the plans and/or specifications. 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, 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. City of Fort Collins Section 02200 — Earthwork and Grading ' Park Planning & Development Division Page 2 of 5 3.04 Earth Fill Construction A. The Contractor shall perform all grading to the lines and grades specified and/or established by the Owner's Representative, 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. 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. 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 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 shall conform to the proposed subgrade elevations of the trail. B. Landscape Area and Remainder of Site: 1. Rough grade areas 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. City of Fort Collins Section 02200 — Earthwork and Grading Park Planning & Development Division Page 3 of 5 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. 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 ' Park Planning & Development Division Section 02200 — Earthwork and Grading Page 4 of 5 DIVISION 2 SECTION 02221 — TRENCHING, BACKFILLING, AND COMPACTION 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 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 Park Planning & Development Division Section 02221 — Trenching, Backfilling and Compacting Page 2 of 2 ;DIVISION 2 SECTION 02720 —AGGREGATE BASE COURSE PART 1 — GENERAL 1.1 Description of work 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 02720 — Aggregate Base Course Park Planning & Development Division Page 1 of 1 �I DIVISION 2 SECTION 02750 - 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. E. Reinforcement. 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 C 150 — 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 02750 — 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. a 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 borne 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. a 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 site until finished work is accepted. Test panel will represent minimum workmanship standard. C. 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 '/-Inch Nominal Maximum Size '/ Inch 90 — 100 , 3/8 Inch 60 — 80 No. 4 40 — 60 ' City of Fort Collins SECTION 02750 — Portland Cement Concrete Paving , Park Planning & Development Division Page 2 of 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00300 BID FORM 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. Fibermesh: 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: %2 inch, 3/ inch. 4. Accepted Materials: "Fibermesh" by Fibermesh Company of Chattanooga, TN; or "Forta ' B. CR" by Forta Corporation of Groove City, PA. 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, % inch thickness. B. Curing Compound for Concrete with Coloring Agent: Davis Seal Color to match colored concrete. City of Fort Collins SECTION 02750 - 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 pavement (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 %z inches d. Fibrous Reinforcement 3/ lb. /CY e. Air Entrainment 4% to 6% f. Maximum Water/Cement Ratio 0.46 g. Coloring Agent 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 02750 — Portland Cement Concrete Paving Park Planning & Development Division Page 4 of 8 1. 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. B. Preparation of Form Surfaces: 1. Clean reused forms of concrete matrix residue; repair and patch as required returning forms to 1 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. 1 3.04 Joints: A. General: Place joints in accordance with ACI 301. Conform to the tolerances listed later in Part B. 3. 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 %2 inches wide and % 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 02750 - Portland Cement Concrete Paving ' Park Planning & Development Division Page 5 of 8 1 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 maybe cut into the plastic concrete during finishing operations. Tooled joints shall have % radius, and shall not incorporate a troweled edge unless 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 Colored sidewalk 3.05 Concrete: Type Maximum Spacing Sawn Joints 10' c-c & Continuous along centerline 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 placement. B. 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. City of Fort Collins SECTION 02750 — Portland Cement Concrete Paving Park Planning & Development Division Page 6 of 8 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 %2 inches from the 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. 1 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: %2 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. , 1 i. Collect the following minimum samples for each 28-day strength concrete used in the work for each day's placing: ' City of Fort Collins SECTION 02750 — Portland Cement Concrete Paving Park Planning & Development Division Page 7 of 8 Quantity 50 cubic yards or less 50 to 100 cubic yards 100 cubic yards or more Number of Samples one two two plus one sample for each additional 100 cubic yards 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. iii. Identify delivery truck or batch number, air content, and slump. d. Slump test. Conduct test for each strength test sample and whenever consistency of concrete appears to vary. e. Air content. Conduct test from one of first three batches mixed each day and for each strength test sample. 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, 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. 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 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 City of Fort Collins SECTION 02750 — Portland Cement Concrete Paving Park Planning & Development Division 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 tA. 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 ' PAGE 3 OF 3 OF THIS SECTION. 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 PAGE 3 of 3 OF THIS SECTION. I City of Fort Collins Section 02900 — Site Revegetation Park Planning & Development Division Page 1 of 3 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 Owner's Representative. 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 % to %z inch by raking or harrowing. H. Firm seed areas with roller weighing maximum of 100 lbs. 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 3 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. 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 250 lbs per acre Percent available by weight 18 46 0 Seed Mix Pure Live Seed Lbs. / Acre Seed Buffalo Grass 20% 13 Blue Gramma 30% 14 Sheep's Fescue 50% 13 100 40 END OF SECTION City of Fort Collins Park Planning & Development Division Section 02900 — Site Revegetation Page 3 of 3 APPENDIX ' SECTION 00300 BID FORM PROJECT: >0Ui>V- --QplL_ Vt-t.,pq�,, u-r,.cpr10,J R5 N0- -70-1(p ' Place C 1-H of Fog--4.2u-(NS Date � o, 01�02-00 1. 'In compliance with your Invitation to Bid dated if, 200 and ' subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado ' hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in ' pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the :detailed Specifications, and the Drawings pertaining to the Work to be done, all of`which have been examined by the undersigned. 3. Accompanying this :Bid is a certified or cashier's check or standard Bid bond in the sum of FcxiiL -rt(sosfl N,,+e; rhp"apc--D-R„trwry ec:cv Qa&Aa-s rucy S,)4 ($ 4,9 Z5.AP ) in accordance with the Invitation To Bid and Instructions ce,J1 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:. Loc..ld-t>J IIVSJ�A�C-L �11(� E- UN10A) A�yc A[sM✓b-�y cc 9ov3-7 1 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, ' included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. ' 6. Payment for Work performed will be in accordance with the Bid Schedule'or Bid Schedules subject to changes as provided in the Contract Documents. 7.1 The/ undersigned Bidder hereby acknowledges receipt of Addenda. No. through a r'n 2ev;1Q/4/97 Section 00300' Page 1 5 i �� � 4 �'�...> _ .. ... _ ,t��,<^u_e �'.��3�sax�.o tii (.�;swi.>knr_"_._.•-... �1 Tfy TT Trail Closed _ r NIX NATURAL ARE%►'<ij j'I n .. Caen FL s r IT < � ' � . _ .�` i .per t 4�Q'' � "� _ _ . r� �• f1' w _ } r, L XV Trail.CfosedYCATT US;NA A E M Legend ,< - Traii Closed `* ,'PA*-dL.". � J �.�.. f -- M..--i._..' E : r = 9raarm en0 Dikha'a. � � .'� �� < . Cardmliw Lab f. OWeuM Mnn�g—mMad G 1 \ 1� QVWMr Fnaaan ,� 4 i - �..�_...._ _ .I �"' .W��i �* 1=P A. — —E RROSRE6 R0 ` �- _ `?r, NaturdN e� subaHroau THE,COTERIE .. (]nnmulorts n- 4 .S k y 11 ' p Trail detour sign ' POUDRE TRAIL REHABILITATION; A_1 JUNCTION — TRAIL DETOUR MAP - 1 KINfPFISHER, , tNT NATURAL AREA 5y tr RIVER TENVP:O 1 ta`Paudra CATTAIL C t t Trail Project I Construction Access Crossing w/ Culvert W Lidond —+Rnitrmd Und — Sheama and Oddaa _.._. �. _ '.-•...-_.—,�- ,_. ' � .-.�> _- EPR RO'.' --- eQ.„ ... __.., _. - --- Gr-oatnbcene6ei�i6n:eia �Q� OSP.EC7 - -- ----- - — QwihyFe Tres `Y ( »—. _—... Z Schoch. I t j Q�j j Khn■daoas• a' � ifj{ajj}j t ,1 LU sutiewtwo• U � jk , `I. a , too Q Pnneneae• O. r 1 � ; - -. fie. }. POUDRE TRAIL REHABILITATIOVATb N; ; A-2 JUNCTION — ACCESS ROUTE MAP City of art Collins t ~ N 1S POIN rNATURA 'r d}` I TTAIL tN0 T RI„ DPONDS_ TURALA_REA i SiDG FBUCKEYE , f" ry t <; - j HE.GOT �,. + -4 -~_ _ A� t Trail Closed 1'mile Ahead i • _�� _ti �,� { No Detour,:,- J• ~ z ' TTON HOLL'_OW:NATURALAREA; - '' 4 7A, ! ' '� r � , r� r O dACKBIRd.bR s�� = f } fr ' %` �° Trail Closetl 1/4 mile Ahead No Detour to V7 UNNINGR jrl1�1i ' t jyyGl�x'vjts HCy ` w Trail CIOSed. J tu ?In Lf3 f'� �_°" S'r Trail Project 1 RONMENTAL"'L 'RN(� J ijijil� ' ~: �T�F e a l 9NCYGRAI A,�� p FTgy�v RO Traii Closed at Parking Lot. °tiRDt No Detour, E'DRAKE RD'. Rakue Unea .-q ._ - - t ' 9baertiaenadtm.. T Or �r a. r}sJ , `� NMENT- � E 0 ro»ih Mr po neNAraf $ a .� i _ O� 0 w A rays y 4 T jRA1C�0 . QNbbr feaaues, 2} r { imoN'DR +� °� -SN }f E`� m .w, � i QMnerafons, � C �- _ ' POUDRE TRAIL REHABILITATION A-3 ELC - TRAIL DETOUR MAP PAM .u..,. =Sft4wm P VT. / POUDRE TRAIL REHABILITATION AT POUDRE TRAIL AND SPRING CREEK TRAIL JUNCTION LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO SEPTEMBER 2009 VICINITY MAP SCALE: NT6 BENCHMARK: CITY OF FORT COLLINS BENCHMARK 2901, LOCATED SOUTH OF PROSPECT ROAD EAST OF THE WEST 1-25 FRONTAGE ROAD. FOUND 2" ALUMINUM CAPON A CONCRETE HEADWALL ELEVATION=4901.22 NGVD 1929 UNADJUSTED CRY OF FORT COLLINS BENCH MARK 5101, WEST SIDE OF TI MBERUNE ROAD AT THE NORTH END OF A BRIDGE OVER THE POUDRE RIVER ON TOP OF THE PARAPET W ALL APPROXIMATELY 0.2 MILES SOUTH OF THE SOUTH SIDE OF WEST MULBERRY STREET. ELEVATION = 4923,75 INDEX OF SHEETS SHEHTNO. DE RIPTIONOFSHEET6 1................................ COVeR SMHHT 2.4................................ TRAIL PUN 6 PRO - 5-6................................ TRAILCRO118 0N1 7................................ CONHT 11 -- LEGEND OWNER / CONSTRUCTION SITEOPERAT R or�wNs PARK PI.ANNINO AND DeVmwMHNT Y 15 MA10N 1 1R FDrtr C0W N1, CDLORADD 50633 PH. 970.Y21.6618 CONTACT: CRAIO FOREMAN CAU u Non"I" CCNrTR a wLonAoo 811 Lewd NON. Ie Hw.:.p u..Ou.Im wMw9w e OTbeH e.e. w _. en/i.w OaIO .6rt Collins e,oN.I ti>" w mm POUDRE TRAL REHABILITATION AT POUDRE TRIAL AND SPRING CREEK JUNCTION COVER SHEET Pog�. as/DB/D9 1 N/A i m � ® m m m m m m m O .910 a905 4900 .woo �•� I I I 8 8 8 8 8 3 8 8 8 8 8 $ 8 8 8 8• 6' 8> 6• w 6• 8> �. 6' 8' 8' � g' �i �' - (Trol w•oE Uu -TY NOnFlCAn00 c AD0 811 City of Fort Collins nal•a� wn• POUDRE TRAIL REHABILITATION AT POUDRE TRAIL AND SPRING CREEK JUNCTION TRAIL PLAN & PROFILE wa 09/OB/O9 2 -----------r--; R 1 MATCJ LINE ST-ON 6+00 -7-------- _ _ _ _ 8 8 8 8 8 8 8 8 B 8 8 8 8 , gt01 IMicw ml w.w aB95 II+00 CENSER aillUa. ell City of POUDRE TRAIL REHABILITATION AT POUDRE TRNL AND SPRING CREEK JUNCTION TRNL PUN & PROFILE o9/08/09 3 m m m ® m m O 0 m 0 0 ® C C C ;�►�" ,.. ��___- __. i ,irk\ _ n�.� ,,y �_______ � / ..J C. °o► � _ ......- noon mxa _ _ _ � _ _ aB95 i z.op 8 R - 3 f. - .ma if 6' 0, 3• �� a> g' 6> 6> - �oonlxp a 1 ^)a a900 i>.ao ie.ao aN¢n a� cawu oa.Do all ao 15ao o /in Do. «d.. C'-Tity of �V ✓rvi.r. aro mn POUDRE TRAIL RENA61uTATION AT POUDRE TRAL AND SPRING CREEK JUNCTION TRAIL. PLAN h PROFILE o9/oD/o9 4 -.,D. 0+35.00 902 4902 4900 � � .900 w9e w9a w96 •696 -20 -10 0 10 20 1+82.00 •902 •902 .900 49M 098 .8 w96 w9fi -20 -10 10 20 4+14.00 .902 4902 900 .900 1.Ox 4698 4898 696 4896 -IO -10 0 t0 20 6+03.00 41. 4902 49W 4900 4698 4898 .896 w96 t0 20 8+13.00 4.02 4902 4900 4900 I Ox w96 4696 w96 w96 -20 -10 0 10 20 0+77.00 802 •902 49. _ .9. wee w9a 4696 w96 -20 -10 0 10 20 2+43.00 90x .902 4900 490D 1.Ox 4898 w98 4896 696 -20 -10 0 10 20 4+a7.00 4902 4902 4800 4900 L0; .age •age w96 4896 -10 -10 0 10 20 6+37.00 4902 4902 4900 .900 1.ox 4898 898 896 4696 -20 -10 0 t0 20 8+76.00 4902 4902 49M 49N w98 4898 4896 w9fi -20 -10 0 10 20 1+20.00 902 902 900 49M w9a \ w98 4896 w96 -20 -10 0 10 20 3+04.00 .902 4902 4900 900 0; 4698 \ w96 w96 w96 -20 -10 0 10 20 4+90.00 4902 4902 4900 4900 1.ax •e9e I w9a 4896 4896 -IO -10 0 10 20 7+02.00 4902 901 4900 4900 Lox 4898 4898 896 4896 -xo -1a o 10 20 9+43.00 4902 902 4ow 4900 1.ax w98 / 4898 w9fi w96 -EO -10 0 10 IO 1+52.00 4902 4902 49M x 411. w9a w9e w96 a89fi -20 -10 0 10 20 3+58.00 •902 4902 4900 4900 1.Ox w96 4898 w96 4.6 -20 -w o ID 20 5+40.00 4902 4902 900 4$1W Lox •88a •a9a 4896 w96 -20 -t0 0 10 20 7+62.00 4902 m 4900 49. Lox 4696 - 4898 48% 4.96 -xo -10 o 10 20 9+93.00 4902 .902 49N 49W 896 4898 w96 4896 -20 -ID 0 10 2D 0nvd MMn ion/In of :Fort Collins POUDRE TRAIL REHABILITATION AT POUORE TRAIL AND SPRING CREEK JUNCTION CROSS SECTIONS 0wa1 m. D9/oa/09 10+26.00 .902 .902 .900 .900 1.Ox .890 .898 w9fi .BD6 -20 -10 0 1. 20 12+53.00 .902 .902 .898 w98 .696 .896 -30 -ID o 10 2a 14+52.00 wag .902 woo .900 .898 w98 w96 w96 -20 -10 0 10 20 16+78.00 900 I 900 w98 .898 w96 .896 -20 -10 0 10 20 10+70.00 .902 .902 .900 .9W 4898 / 4898 .89b .896 -20 -10 o 10 20 13+01.00 902 .902 .900 1.Ox .900 w98 .898 .698 .896 -20 -lo o 1a 20 15+03.00 wag wog .900 1.0; .900 w98 .896 w96 .896 -20 -1. 0 10 20 17+09.00 .902 .902 490a - - / - / .900 w98 w98 w96 .896 -20 -10 ,0 10 20 11+41.00 .902 .9a2 900 .900 .898 .898 .896 .8% -2. -10 0 10 20 13+37.00 .902 .9.2 .900 .900 .698 189a w96 .898 -20 -10 0 1. 20 15+59.00 w02 w02 .900 .900 w9B w98 w96 .896 -20 -10 0 10 20 17+28.00 .902 .902 .900 .900 .898 .898 w96 .096 -2D -10 0 10 20 12+00.00 .902 .902 .9W .900 I� .898 w95 w96 -2o -10 0 10 20 14+02.00 4902 .902 900 w00 .898 w96 w96 ws6 -20 -10 0 10 20 16+13.00 902 w02 .900 .900 w98 w9B w9fi w96 -20 -10 0 10 20 17+50.00 .902 1902 .900 .900 .898 w98 .896 .896 -20 -10 0 10 20 c..s1 Nws .an/ha pet. F�Oft Collins n� •onw.n- . POUDRE TRAIL. RENARIUTATION AT POUORE TRAIL AND SPRING CREEK JUNCTION CROSS SECTIONS Ati.1 w•09/D8/09 6 . 1 SECTION DETAIL TYPICAL SECTION —AIL I. ... n •pAEO CY^ KE Y .i . uwiuw Or 6 irv. xipCn MECENr sy pE gE.t O.Y. ] SEpufNT Sx.0 BE nEYOKo -1 ME P. lWSBlE+u EnW i CKCK OuiS»Y U sl��M 3 UnsBKw TOE O ROCK— O.�Y udOiuuuE15 «ErwEPpWir Z a DR ZSBG. ROCK CHECK DAM RD NOT-- w� a�zTwc .s.xur +xB B+sE wrtNu �wc:�rt.�a Lortnr'm.wirKxix".i Y x.uL .Y'o Bur�s�Tu�n�Y� Bn.w.cE.L .�aoo av coxwcrt ,Ylx "eErortsx ]. EiB(nnYEsx ul COx �AYTs ��O BE 5 wlpN[Fwrtn EKni Po' nE.<E 6. B.Cn9L41 �LLpw x.rtx Ero p1uN .w+r EnOY TYL CONCRETE TRAIL TYPICAL SECTION NoT '-.-a@=1h• v SF SILT TENCE � uw �µs �YnOx KTYLs �� .emu IXT zB VTC 6tliYIIR w� .0 c .u_ • i ,�•a Al. M-3oW1 Bhm Kn. f dT Kaa �:,`rt Collins f` POUDRE TRAIL RENABIUTAPON AT POUDRE TRAIL ANO SPRING CREEK JUNCTION CONSTRUCTION OVALS m. 09/OB/09 7 1 U 8. Bff';SCHEDULE (Base Bid) Project:: ; . PoWre Trail Rehabilitation: Junction and ELC BID SCHEDULE (BASE BID) Bid items are described in Section 01800 BID ITEM # DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE ITEM TOTAL 1 Mobilizaton 1.00 LS �, (D •!o �01.10 2 Traffic Control 1.00 LS �$9 , ��S $9• �� 3 4 Surveying 1.00 1.00 LS�rlIS LS � 2.15S 9� r r Erosion Control 3, (plo 5 Demolition 16,295-00 SF 4• 2(-, 6 7 Colored Concrete Paying - 5" Thick 17,510.00 7,004.00 SF SF 7 9,q 4 _7q' yo 9� Landscape Restoration 0.01 8 Hydro Seeding 7,004.00 SF 9 Temporary Construction Access Crossing 1.00 LS t D� • 4 S �[ 011 - 10 Mobilization 1.00 LS 9-79, 3S Q-7-1 11 Traffic Control 1.00 LS 12 Surveying 1.00 LS 8Z9 •0(0 $Z 1' C)CO 13 Erosion Control 1.00 LS �� ! �03 T� �� �r to 14 Demolition 7,910.00 SF Colored Concrete Paying - 5' Thick 8,010.00 SF Z nq * 23, sit15 `i • " 16 Landscape Restorabon 3,164.00 17. `' Hydro Seeding 3,184.00 SF 4.01 SF A 7m . 'ilo 6L4 q 3z I W-M_trw�sa-5.1 Rev 10/20/07 Section 00300 Page 2 i m m m m m m m m m m= m m m m m S m POUDRE TRAIL REHABILITATION AT THE ENVIRONMENTAL LEARNING CENTER LOCATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST rFo THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO AUGUST 2009 VICINITY MAP SCALE: NTS BENCHMARK: CITY OF FORT COLLINS BENCHMARK 29-01. LOCATED SOUTH OF PROSPECT ROAD EAST OF THE WEST 1-25 FRONTAGE ROAD. FOUND 2" ALUMINUM CAPON A CONCRETE HEADWALL ELEVATION=4901.22 NGVD 1929 UNADJUSTED CITY OF FORT COLLINS BENCHMARK51-01. WEST SIDE OF TIMBERLINE ROAD AT THE NORTH END OF A BRIDGE OV ER THE POUDRE RIVER ON TOP OF THE PARAPET WALL APPROXIMATELY 0.2 MILES SOUTH OF THE SOUTH SIDE OF WEST MULBERRY STREET. ELEVATION = 4923.75 INDEX OF SHEETS SHEETNO. DESCRIPTION OF SHEETS I ................................ COVER SHERT 2.3................................ TRAIL PUN a PRDFILE 4................................ TRAIACROSSS-1- 5................................ DONSTRGCTON DE,A­ LEGEND ® OWNER / CONSTRUCTION SITE OPERATOR Cm'. m' OF FORT Cou8I3 PARK PLANNING AND DNELovMEHT 215 NAEON BYRE-" FORT COWNE. COLORAOO80522 PH.970.221-18 CONTACT: CRAIG FOREMAN CALL unury NGnEICAriCN CENTER OE 00LORA00 811 �io� w wuaR fix. w wM. 'mac a./i.w DOI. Fort Collins L'DR1NASIUTATIoNENTAL E08/25/09 I; I� IN c Iq I; 18 U _ _ COUN'/YROA09 �� O ac��j wos o.m� cr rcxcr _ /• I',— cwTaa A. n .ua« ua �', 1 • p UOREftvER °.aea wm EXIST/NGG a5' I PARKING LOTDT Ao90 ABBS ,a8o 4875 8 8 � P 8 5 y ( w)xG a.o[ (rrvI ww[ A890 BB5 i f Aa7 CALL UDUTY NOTWICAn C Nrcn v COL ADO ell City of Fort Collins POUDRE TRAIL REHABILITATION AT THE ENVIRONMENTAL LEARNING CENTER TRAIL PLAN 8 PROFILE oa. 08/25/09 2 I "=SD• m m r= m m®® m o o m o 0 o a= e I: 14 1 i \ \ 890 890 �Rn/la Da1� Fort of 8 0+10.00 .ae. .ae. e8I .Be2 ; ox .ex8 .8x8 -20 10 20 2+05.00 1882 aaea .aeo ae]e .me -zo -10 0 to :o 3+85.00 .Be. 8a. .eel eel 1 Ox Iwo .860 .878 •8x8 -2 0 -10 0 10 zo 5+60.00 .ae. .ae. 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II II II II II II II: II II II: 11= f 71 II: 11= I II II II II.II II II II. If -11. =II=11= II-11-11=II-11— - -I I-11 I_I=11-11=11=11 11= 11-11=11=11- =11 11=.II.—II=11= SF `rt Collins f� ZUORE TRAIL REHABWTATIGN AT THE ENVIRONMENTAL LEARNING CENTER CONSTRUCTION DETAILS w. 08/25/09 5 N/A 5. There is difference of 1215 SF between Demolition and New Paving. Shouldn't the quantity be the same? Answer: Certain sections of the asphalt trail are 8' wide. The new concrete trail will be 10' wide 6. How is the restoration quantity derived? Answer: A strip 2' wide on either side of the new concrete trail. Please contact John D. Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. where renewal is a way of life ' 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 (250) of the total Agreement Price. RESPECTFULLY SUBMITTED: ' CDNSoL(pF-�t� 'DtvN-St 0P5, CONTRACTOR ' BY: 3, H -PCL-�f���p "r• � aJ Si u�e��� Title License Number (If Applicable) y corporation) 0(0•Z�°! Date Address r 5-1?5- VV . A-{ "09-T -Old 5t-7->Ay-44, Co I)D/ 35r Telephone 3) y-ll- ISZZ Email JCL' `v CDl-SL-'QV(C-E,5 -coP-1 Rev10/2b/07 Section 00300 Page 3 '�J •• [[ � `x�R �:Y #i st`;• 1 E £Lt� ��lAA���J i, .. lgi'k' (" �`' -. .:�, �f1 � -. - �3atYO SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Rev 10/20/07 ' SECTION 00410 BID BOND ' KNOW ALL MEN BY THESE PRESENTS: that we, the undersignedConsolidated Divisions, Inc. as Principal, and*as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of.** $5%---------------- for the ' payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has ' submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7076 Poudre Trail Rehabilitation - ' Junction and ELS. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in ' accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection. therewith, and shall in all ' other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the ' obligations of said Surety and its. BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. ' Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. * First National Insurance Company of America ** Five Percent (5%) of the Total Amount of the Bid 1 IRev 10/20/07 Section 00410 Page 1 1 IN WITNESS WHEREOF, the Principal and and seals this 6th day of October the Surety have 200a, hereunto set their hands , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be. signed by their proper officers, the day and year first set ' forth above. PRINCIPAL SURETY Name: Consolidated Divisions, Inc. First National Insurance Company of America Address: 5585 West Airport Road Safeco Plaza -•S"edalia,;Colorado 80135 Seat W ton 981$5 `.a ` �,'t r Q� ei a J. Mont ti itl Attorney -In Fact ATTEST LOCKZM ' LocKTON CompwEs, LLC 8110 E Union Ave, Ste 700 / Denver, CO 80237.2966 303.414-6000 / FAX: 303.865.6000 ' www.lockton.com Rev 1020107 Section 00410 Page 2 C ' L+IbE'1"'tV POWER Fml National Insurance Company of America venue mutuA OF ATTORNEY Suite 1700 Seattle. WA 98154 KNOW ALL BY THESE PRESENTS: No. 6613 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ' "JOHN BROWNING; SHELLEY CZAJKOWSKI; ANUJ JAIN; SHEILA J. MONTOYA; MONA D. WEAVER; ANGELA M. TINDOL; CHARLES M. MCDANIEL; Denver, Colorado**********************.«.+�+******** its true and lawful aftomey(s)-in fact, with full authority to execute on behalf of the company fidelity and surety bonds or ' undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents ' this 21st day of March 2009 RIM ' Dexter R. Legg, Secretary Timothy A. Mikolajewskk Vice President ' CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint ' individuals as attomeysin-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, ' (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (Ili) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." ' I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect Fj IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 6th e 4V 5-10491DF 3/0SC "' 4y day of October , 2009 Dexter R. Legg, Secretary WEB PDF .`:t''ry"xs ctyrr a�t-pc c.+ ss A . 1 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: CpNSoLI I MC• 2. Permanent main office address: pt:% p SL-i>f ,i to `coo r 3 S 3. When organized: 3� 9, 19 9S 4. If a corporation, where incorporated: Cot,0eAD0 5. How many years have you been engaged in the contracting business under your present firm or trade name?15- Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate.anticipated dates of completion.) General character of Work performed by your company: LR N'DSL#q P NG-, Have you ever failed to complete any Work awarded to you? tJ0 If so, where and why? Have your ever defaulted on a contract? N b If so, where and why? 10. Are you debarred by any government agency? 14 D If yes list agency name. 11. List the more important projects recently completed° by .your company, stating the approximate cost of. each,..: and the,.:'month ,and year -,completed, location and type of construction. ?; 12. List your major equipment available for this contract. Si�IC, t�orLP e`-'R-S, ne-f��—o i�zt-x�c-tfi=�-S SUM I I<,� r> �KP l�c'Td RS, 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ Z72S000•00 16. Bank reference: Ccxt:)0-PA)rz. '$At-� (303) 293 ZZUS 17.. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? �cs 18. Are you.licensed as a.General CONTRACTOR? yE5 :If yes, in what city, county and state? CO4D�"7b What class, license and numbers? / L-AS L &jWr-4 PP OLC0SO'3 19. Do you anticipate subcontracting Work under this Contract? y If yes, what percent of total contract? 3 and to whom?y-5 SQ"C----(jNe--, 20. Are any lawsuits pending against you or your firm at this time? N C> IF yes, DETAIL I Rev 10/20/07 Section 00420 Page.2 Gk ,: 21 What are the limits of your public liability? DETAIL N D►_j E What company? 22. What are your company's bonding limitations?'SEE ' 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in ' verification of the recital comprising this Statement of Bidder's Qualifications. Dated at /1:30a-r, this 69 day of QG7T>F3C'Q 20!2$ CcNSi>" L� P�Ct"� c>Iy I S I D t-) j N C_ Name of ner By: �..� Title: Ell pQ'j i ' State of C.pt,pR-FN- County of D€w d:7�3 .)GMQ S J .Deer AA a being duly sworn deposes and says that he is -Vre-5 of Cott->b a,-4�d S�,ti "Si sus ZLIt.and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. ' Subscr' ed and sworn to before me this (/ day of OC-fvbT 20091 D ' tary Public PATRICIA M RYNO Notary Public Sto at Colorado My commission expires QD11 1 1 0420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR Section 00430 Page 1 1 Enclosed is an overview of CDInc. and its diverse offerings. . As you review this information, please consider the following: SELF —WORK CAPABILITIES —Self work capabilities are a cornerstone of CDI's construction services. Our ability to self -perform all scopes of work assures schedule performance and quality construction along with cost savings. PERFORMANCE—CDI's experienced management team provides excellent management on all types of construction projects; design and build, quality contracting, contract based performance, cost management and schedule performance. RESOURCE MANAGEMENT —With CDI's in house resources as well as our relationships with the design and subcontract communities; our clients receive the best overall value for each project. COMPANY HISTORY-CDI's financial strength, along with our industry history of performance, helps us to ensure successful projects. We are one of the only contractors that provide a full scope of services, allowing our customers to utilize one contractor from the onset of land development, through occupancy of the final build out and continue with the maintenance for years to come. Our unique approach gives the site manager ease of transition through all phases with less coordination of multiple subcontractors. This provides one point of contact and accountability and minimizes delays due to scheduling conflicts. Our focus is always quality, timely response, and value engineering. • Reclamation and Restoration- hydro and drill seeding, native seeding, hay and straw mulching, soil preparation; specialized in surface mining reclamation, contaminated areas, mountainous terrain, highway revegetation, wetlands and wildlife habitat, highly erosive, steep slopes • Erosion Control —inspections, monitoring, silt fence, inlet protection and cleaning, street sweeping, straw wattle, matting and blankets, mechanical bonded fiber matrix; established pioneer in innovative burps. • Landscape/Irrigation—commercial landscaping, comprehensive landscape services, decorative walls, diversion structures, masonry and fence, waterway structures • Street Sweeping —street sweeping, routine route maintenance service, power sweeping and scraping • Snow Removal —Full service plowing, loader removal, hauling • Monumentation/Retaining Walls — large scale construction hard-scaping • Synthetic Ball Fields/Sports Facilities —design and build sports facilities, natural grass fields and facilities, synthetic/natural grass weave • Liners/Water Tight Systems —large scale general contracting 11 � CollinsF6rt t � �Purc�hasing Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing ' SPECIFICATIONS AND ' CONTRACT DOCUMENTS 1 FOR Poudre Trail Rehabilitation - 1 Junction and ELS 1 BID NO. 7076 Ul 1 1 1 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 1 October 6, 2009 — 3:00 P.M. (OUR CLOCK) 11 Wetland mitigation/Stream restoration —boulders structures, bio engineering, trout habitat improvement projects, grouted structures, wetland planting, wetland excavation Earth Work/Light Civil Construction —general contracting services Capabilities - CDI employs over 200 personnel and'utilizes over $8,000,000.00 in equipment assets that contributes to our overall success, with anticipated revenues of $15,000,000.00 for 2008. We operate throughout Colorado with satellite offices in Rifle and Longmont. CDI Health and Safety-. CDI is Colorado Cost Containment Certified. It is the policy of ' Consolidated Divisions, Inc.(CDI) that the safety of its employees and the public is of utmost importance. The prevention of accidents and injury takes precedence over ' expedience. CDI safety operates under the guidelines of the STOP safety program. STOP safety engages all personnel from top to bottom to be safe and also rewards safe action. CDI employs a full time Safety/Training Director to insure full compliance with our ' program. Currently, CDI has over 35 projects in progress ranging from $30 thousand to $3 million dollars. A few projects in progress: • Rocky Flats Re -vegetation ($346,000 +) - Work includes intensive tillage, seeding, and applying a bonded fiber matrix of all disturbed sites including other ' erosion control methods; contracted site contractor through 2009 • . Colorado Department of Transportation. Hwy 67 (Hayman) emergency road repair ($300,000+) - Work includes seeding, erosion control, and wetland ' mitigation • Rocky Flats Closure Reclamation ($600 thousand) - seeding native, flexible growth media • Bright Water Reclamation ($100 + thousand) - High Altitude Re -vegetation • Red Sky Pond liner system ($750 thousand) - 30 mil pvc liner system • Western Slope Oil and Gas Reclamation. (6 mil + ) ' • Union Pacific Railroad — 2008 Pre approved Contractor • CDOT- 2008 Emergency Response Contractor • EOG Resources — 2008 Approved Contractor ' • Pinyon Canyon / Norad • Buckley Air Force Base ' • Multiple home builder annual contracts ($4 million +) for Richmond American Homes, Shea Homes, Oakwood Homes, and Celebrity Homes. Work includes reclamation, erosion control, grading, and landscaping ' • Richmond American Homes - Cobblestone/Liberty Village landscape and irrigation project ' • Meridian 7A and 713: a master community ($3 million +) - includes all featuring large feature fountain, streetscapes a water with waterfalls, and ponds • Olinger Cemeteries ($500 thousand +) - includes man made rivers with ponds, waterfalls, bridges, and landscaped gardens throughout. This is an ongoing project with additional phases anticipated for the next24 months • Design/Build of three high end residential homes in the Pradera community, Parade of Homes site for 2005, with an average landscape cost of $300 thousand each. Work includes custom retaining walls, swimming pools, plantings, water features, and hard scapes • Dunston Middle School ($300 thousand+) -Work includes all landscaping, ball fields, and track installation • Cameco / Power Resources- Smith Ranch Uranium Mine 1.1 Mil CDI strives to install the highest quality landscapes and environmental projects in the industry. Our association with the following entities keeps CDI is on top of development within our industry. • International' Erosion Control Association • Home Builders Association • Associated Landscape Contractors of Colorado and America • GreenC-0 • Irrigation Association • Rocky Mountain Turfgrass Association • Colorado Parks and Recreation • Sports Turf Managers Association • PWS Association • National Golf Foundation • American Mined Land • Colorado Golf Association CDI is committed to providing the highest service levels, exceeding customer expectations and developing long term relationships. Our experienced management team has the ability to excel in self -performing the entire scope of work. Jim Degrado, President CDInc. 16 years Reclamation operations and Management. BFM certified applicator and CDOT certified erosion control supervisor. Jim Daulton, Vice President. 22 years Reclamation and Environmental contracting experience. Estimating and Project Management for over 8000 environmental projects completed in nine states. Shawn Wissel, Eastern Regional Manager, 15 years Reclamation operations, and Land Development Management. Chris Castellano, Western Regional Manager, 15 years Reclamation operations, and Management. CDOT Certified erosion control inspector. Rick Michalek, chief estimator, 15 years Reclamation operations and Management. We would be honored to work with you on your next project. I May 6, 2009 I To Whom It May Concern I RE: Consolidated Divisions Inc. ' Lockton Companies of Colorado, Inc. has handled the bonding needs of Consolidated Divisions Inc. Their bonds are underwritten by First National Insurance Company of America and issued through our office. First National Insurance Company of America is authorized to business in the ' State of Colorado and has an A.M. Best Rating of A, XV. Although no maximum bonding limits (single or aggregate) have been established, First National ' Insurance Company of America will positively consider providing bonds on behalf of Consolidated Divisions Inc. for individual projects in excess of $4,000,000 with an overall work program in excess of $10,000,000 available to them. Their bonding capabilities continue to increase with their financial progress. Since inception, Consolidated Divisions Inc. has developed an excellent reputation with owners, ' architects, subcontractors and suppliers. The firm is financially strong and technically qualified to complete the project they undertake. We highly recommend Consolidated Divisions Inc. to you as a competent and professional firm. If you should need any additional information, please can. Best regards, LOCKTON COMPANIES, LLC Shelley Czaj ow -ski Assistant Vice President ' Account -Executive ' cc: Consolidated Divisions Inc. First National Insurance Company of America LOCKTON COMPANIES, LLC 8110 E Union Ave, Ste 700 / Denver, CO 80237.2966 303.414.6000 / FAX: 303.865.6000 mviv.lockton.com SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed ' SECTION 00510 NOTICE OF AWARD ' Date: October 22, 2009 TO: Consolidated Divisions, Inc. PROJECT: 7076 Poudre Trail Rehabilitation - Junction and ELS. OWNER: CITY OF FORT COLLINS ' (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated October 6, 2009 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7076 Poudre Trail Rehabilitation - Junction and ELS. ' The Price of your Agreement is Ninety Eight Thousand Five Hundred Five Dollars and Thirty Cents ($98,505.30). 1 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. iYou must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by November 6, 2009. 1 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 1 (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 1 to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER' 1 y J s 'Neill, II, CPPO, F GP UD rector of Purchasing & Risk Management 1 1 Section 00510 Page 1 SECTION 00520 ' AGREEMENT THIS AGREEMENT is dated as of the 22nd day of October in the year of 2009 and ' shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and ' Consolidated Divisions, 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 7076 Poudre ' Trail Rehabilitation - Junction and ELS and is generally described in Section 01100. I ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Park Planning, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection. with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within forty (40) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in ' accordance with the General Conditions within fifty (50) 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) tCONTRACTOR shall pay OWNER the amounts set forth hereafter. ' Section 00520 Page 1 1) Substantial Completion: ' Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the forty (40) 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: Ninety Eight Thousand Five Hundred Five Dollars and Thirty Cents ($98,505.30)), 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 t 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. Ail 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. I Section 00520,Page 2 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract ' Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. ' 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by_ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes ' the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions ' and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. ' 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the ' General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes ' responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may ' affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other ' terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar tinformation 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 actions in carrying out the terms of this Agreement the Work and related are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases ' 7.2.4 Consent of Surety 7.2.5Application for Exemption Certificate ' 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: ' TMENDU ShW A-.] h, mrtion — Trail Detiw E it Sheet A-2 hmcbon - Try Deter: Fait 'Sheet A-3 ELC - T LU Ielnr Exibibit SCEMBUTLE DRAVONGS ' Alt l hn - Cover Sheet & Vmmny '-+gyp %-ea< ) 2-4 hung - Trail Plan & Ftelfue Sheet(s) 5-6 Junction - cross Sectiom t I ELC - C4Ler -SbeEt &Vicinity Map SheKS) 2-3 ELZ - TAU Plan &_ Profs Sheest(s) 4 ELC - Cwss Sections s) 5 ELC - DetarL- ' The Contract Drawings shall be stamped "Final for Construction" and dated.. Any revisions made shall be clearly identified and dated. I Section 00520 Page 4 I 7.4. Addenda Numbers 1 to 1, 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 3.1 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 I 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 CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 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 CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS Pages 00020-1 - 00020-2 00100-1 - 00100-9 00300-1 - 00300-3 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -Al - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-4 1 L�I [1, OWNER- CITY OF FORT COLLINS By: V JAMES 'NEILL II, CPPO, FNIGP D CTOR OF PURCHASING AND RISK MANAGEMENT �c``oRT coz, Date: l V �� d 6. �' � Attest: ••�J- RP City Clerk Address for notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as/to Fo Assi/stant'j;tty Attorney CONTRACTOR: Consolidated Divisions, Inc. B y : 1 �2c JQv Title: Date. 10 - ( CORPO S ...�. A a SEAL ' Attest: Address for giving notices: L� LICENSE NO.:� Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 7076 Poudre Trail Rehabilitation — Junction and ELS To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment -Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20 The dates for Substantial Completion and Final Acceptance shall be 20_ and 20_, respectively. City of Fort Collins OWNER By: Title. ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: Consolidated Divisions, Inc. By: Title. Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate ' SECTION 00615 PAYMENT BOND Bond No. 1 KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as ' the "Principal" and (Firm) I , (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the ' City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the ' United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally,firmly by these presents. ' THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 22°d day of October, 2009, a of which is hereto attached and made a part hereof for the performance -of 'copy The City of Fort Collins project, 7076 Poudre Trail Rehabilitation - Junction and ELS. ' 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. ' PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no -.change, extension of time, alteration or addition to the terms of the Agreement or to the Work to Specifications accompanying the same shall in be performed any way affect thereunder or its the obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or ' to the Specifications. Rev10/20/07 Section 00615 Page 1 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20 . IN PRESENCE OF: Principal (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: By: (Title) (Address) Other Partners Surety By: By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Section 00615 Page 2 ' SECTION 00610 PERFORMANCE BOND ' Bond No.6569565 KNOW ALL MEN BY THESE PRESENTS: that ' (Firm) Consolidated Divisions, Inc. (Address) 5585 West Airport Road, Sedalia, CO 80135 (jaRx)1A ddu&-JyJ , (ax*tmbneonblxp) , (a Corporation) , hereinafter referred to . as ' the "Principal" and (Firm) First National Insurance Company of America (Address) Safeco Plaza, Seattle, WA 98185 ' 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 Ninety Eight Thousand Five Hundred Five and 30/100 *_ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. ' * ($98,505.3.0) THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 22"d day of October, 2009, a ' copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,7076 Poudre Trail Rehabilitation - Junction and ELS. ' 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. L ' Rev 10/20/07 Section 00610 Page 1 ' PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the ' Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or ' to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim ' may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact ' business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this30thday ofOctober , 20b9 ' IN PRESENCE OF: Principal Attest: / Consolidated Divisions, Inc. By: ' (Tiki 5585 West Airport Road, Sedalia, CO 80135 (Address) ' (Corporate Seal) IN PRESENCE OF: Other Partners 11 11 IN PRESENCE OF: Witness: J� p, By: Nal� Mona D. Weaver By: By: Su i s a nal Insurance Company,of,America By e a J. Monto a, A torney-In- act:'. 8 10 East Un' n Avenue Su' e (Address) Denver, CO 80237 • J NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. (Surety Seal) IRev 10/20/07 Section 00610 Page 2 ISECTION 00615 ' I PAYMENT BOND Bond No. 6569565 ' KNOW ALL MEN BY THESE PRESENTS: that (Firm) Consolidated Divisions, Inc. (Address) 5585 West Airport Road, Sedalia, CO 80135 ' ( &k) , (Rx i�t, �ow1� ) , (a Corporation) , hereinafter referred to as the "Principal" and (Firm) First National Insurance Company of America ' (Address) Safeco Plaza, Seattle,,WA 98185 ' hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal ' sum of Ninety Eight Thousand Five Hundred Five and 30/100*in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. ' * ($98,505.30) THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 22"d day of October, 2009, a copy of which is hereto attached and made a part hereof for the performance. of The City of Fort Collins project, 7076 Poudre Trail Rehabilitation -- Junction and ELS. ' 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. ' PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no- change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on ' this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. IRev10/20/07 Section 00615 Page 1 11 7 11 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED,' FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this30thday of October 2 (P9 IN PRESENCE OF: Principal Consolidated Divisions, Inc. Attest: lABy; B -1 cal (Ti le) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: Witness: Bv: ,(jn ua�- b. - I ) Mona D. Weaver y (Surety Seal) 5585 West Airport Road, Sedalia, CO 80135 (Address) Other Partners Surety s Nati al Insurance Company of America ei a J. Mont a, ttorney-In act ay: 81 0 East Un'on Avenue, Suite 700, Deriver, CO (Address) - .80-237 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Section 00615 Page 2 ' Liberty POWER First Nabonal Insurance Company of America 1001 4thAvenue Mutu4l! OF ATTORNEY Suite 1700 Seattle, WA 98154 ' KNOW ALL BY THESE PRESENTS: No. 6613 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ***'***** 101-IN BROWNING; SHELLEY CZAJKOWSKI; ANW JAIN; SHEILA 1. MONTOYA; MONA D. WEAVER; ' ANGELA M. TINDOL; CHARLES M. MCDANIEL, Denver, Colorado***********************'"*"******************"* ' its true and lawful attomey(s)4n-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents ' this 21St day of March 2009 tDexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE ' Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: -Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." ' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and ' (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation ' this 30th day of October 2009 \�SoV-0 4 CEA ��be .� Dexter R. Legg, Secretary S-1049/DF 3/09 _I WEB PDF SECTION 00020 INVITATION TO BID ri 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Rev 10/20/07 Section 00630 Page 1 ACORD. CERTIFICATE OF LIABILITY INSURANCE 4/l/2010TOA 0/3o20 9"Y' PRODUCER Lockton Companies, LLC Denver THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 8110 E Union Avenue Suite 700 Denver CO 80237 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. _ (303) 414600o S AFFORDING COVERAGE NAIC # INSURED CD Inc. 1055025 Consolidated Divisions, Inc. 5585 W. Airport Road Sedalia, CO 80135 Continental Western Insurance Company 10804 ptnnacol Assurance Company LINSURER 41190 INSURER E: ' COVERAGES CONDI03 VN 1 VYYI.eI{AAY Irlt l.El(In•A:AIE 110LpER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A0131 NSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M/DD POLICY EXPIRATION DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CWP256376426 4/l/2009 4/1/2010 DAMAGERENTED PREMISESS (RENTED occurencel $ 250,000 MED EXP (Any one Person) $ 5,000 CLAIMS MADE �X OCCUR PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GENT. AGGREGATE LIMIT APPLIES PER: POLICY [—XI PRO--JECT F� LOC AUTOMOBILE LIABILITY A X ANY AUTO CWP256376426 4/1/2009 4/1/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS - X$ BODILY INJURY XXXXXXX NON-OWNEDAUTOS(Per accident) PROPERTY DAMAGE $ (Per accident) X)Cxxx x GARAGE LIABILITY ALTO ONLY - EA ACCIDENT $ XXXXX X ANY AUTO NOT APPLICABLE EA ACC $ OTHER THAN }CQ{}CM AUTO ONLY: AGG $ )DC XXXX EXCESS/UMBRELLA LIABILTY EACH OCCURRENCE $ 5,000.000 A X OCCUR CLAIMS MADE CU256948924 4/l/2009 4/1/2010 AGGREGATE $ 5.000 000 $ X�CQ� X% UMBRELLA El $ }QQQOQQL DEDUCTIBLE FORM RETENTION $ $ 7COCCQCC B WORKERS COMPENSATION AND 4069626 6/1/2009 WC STATU- OTH- X TORYLIMTs ER EMPLOYERS' LIABILITY 6/1/2010 E.L. EACH ACCIDENT Is 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEd $ 1,000,000 If yes, describe under NO E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Poudre Trail Rehabilitation. - v ­ _ G I I V I V 10709787 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 300 Laporte Ave. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fort Collins CO 80522 IMPOSE NO OBLIGATION OR LIABILITY OF ANY K ND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO Zezele_ PRESENTATIVE ' C r4 ACORD 25 (2001 /08) For queetlol regarding this certiricare, contact the number l sted in the'Prod, section aho and specify the client cc& TONDIOT. ACORD CORPORATION 19811 i SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:7076 Poudre Trail Rehabilitation - Junction and ELS PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and.insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: Rev 10/20/07 AUTHORIZED REPRESENTATIVE DATE Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: WAII 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, 7076 Poudre Trail Rehabilitation - Junction and ELS. 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: Rev10/20/07 Section 00640 Page 1 ISECTION ,00650 ' LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) ' FROM: (CONTRACTOR) PROJECT:7076-Poudre Trail Rehabilitation - Junction and ELS 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, ' delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including ' but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or ' assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against ' the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have ' been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project ' or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, ' if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the ' OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. Rev10/20/07 Section 00650 Page 1 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ATTEST: Secretary STATE OF COLORADO day of CONTRACTOR By: Title: )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Notary Public day of qf� Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 7076 Poudre Trail Rehabilitation - Junction and ELS 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 A 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) DO NOT WRITF IN THIS SPACF The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue: It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number: ( ) Business telephone number: Colorado withholding tax account number. Copies of contract or agreement pages (1) identifying the contracting parties. .EXEMPTION INFORMATION -'and (2) containirig'signatures",of contracting.parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NUT WRITE BELOW THIS LINE Section 00670 Page 1 Special Notice 1 Contractors who have completed this application in the past, please note the following changes in I procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime I contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in ' the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business ' for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications ' submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. ' Section 00670 Page 2 1 SECTION 00020 INVITATION TO BID Date: September 15, 2009 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on October 6, 2009, for the Poudre Trail Rehabilitation - Junction and. ELS; BID NO. 7076. 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 7076 Poudre Trail Rehabilitation - Junction and ELS. The contract documents provide for construction including removal of existing asphalt, new 10' wide concrete trail, minor earthwork, traffic control, erosion control, culvert, landscape restoration, seeding and surveying. The project has two sections; one at the junction of the Poudre River Trail and the Spring Creek Trail, and the other section at the CSU Environmental Learning Center.. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available September 15, 2009. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m., on September 24, 2009, at 215 N. Mason, Conference Room 2A, 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. Rev10/20/07 Section 00020 Page 1 SECTION 00700 ' GENERAL CONDITIONS F�l 11 GENERAL CONDITIONS OF TIE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, FJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text.that has been added and striking through text that has been deleted. EJCDC GENERAL. CONDITIONS 1910-8 (1990 EDITION) . WITH CITY OF )MORN COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & -title TABLE OF CONTENTS OF GENERAL. CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS .............................................. _......1 LI Addenda...................................... l 1.2 Agreement, ........... .............................. 1 1.3 Application for Payment,,,,,,,,,,,,,,, ........ 1 1.4 Asbestos .....:...:......._.... _............_:......1 1.5 Bid .................. 1 1.6 Bidding Documents ..............., ...........1. 1.7 Bidding Requirements ...........1. ............... 1.8 Bonds .................................. 1.9 Change Order ...... .....................:.........J 1.10 Contract Documents., ....... I ....... .,__..._.. I_ 1.11 Contract Price,,,,,,,,,,,,,,,,,,,,,,,,;, 1 1.12 Contract Times ........................_,...,.. -„I 1.13 CONTRACTOR I 1.14 4Y festive 1 1,15 Drawings............................................1 1.16 Effective Date of the Agreement_.,..:_....1 1.17 ENGINEER I 1.18 ENITGINEER'sConsultant 1 1.19 Field Order ......................................... 1 1.20 General Requirements ..........................3 1:21 Hazardous Wastc...... ........................... 3 1.22.a Laws and Regulations; Laws or Regulations,,, 2 1:22.b Legal Holidays .................................... 2 1.23 Liens.................................................2 1.24 IvIi l estone_ 2 1.25 ................................... Notice of Award.......:..............:...........2 ....... 1.26 Notice to Proceed.................................2 1.27 OWNER ......................................... 1.28 Partial Utilization 1.29 PCBs ................................ .............:..... , 1.30 Petroleum..._._....:............................_2 1.31 Project...............................................2 1.32.a Radioactive Nfaterial 1.32.b Regular Working Hours,.,,.,., 2 1.33 Resident Project Representative......_._,,.2 1.34 Samples .................................. 2 1.35 Shop Drawings ...... .... ....:..... ............ ...2 1.36 Specifications.....................................2 137 Subcontractor., 2 L38 Substantial Completion .......................2 1.39 Supplementary Conditions.',,,,,,,,,,,,,,,,,, 2 1.40 Supplier......, 1.41 Underground Facilities._ .............. 1.42 Unit Price Work..................................3 1.43 Work :........................:. 1.44 Work Change Directive .......................3 1.45 Written Amendment .............................. 3 Page Number 2. PRELIM MARY MATTERS........,_.......:.............3 2: I Delivery of Bonds,... .................. 3 2.2 Copies of Documents ........................3 2:3 Commencement of Contract Times; Notice to Proceed,,,,,,,,,,,,,, 3 2.4 Starting the Work......, .... ­ .............. 3 2.5-2.7 Before. Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Schedtles; Delivery of Certificates of Insurance ..... „ ......................... 3-4 2.8 Preconstruction Conference,,,,,,,,,,,,, # 219 Initially Acceptable Schedules .......... 4 3. CONTRACT DOCU4IENTS: INTENT, A1VENDING, REUSE.,..........................................4 3.1-3,2 intent .................._.......... .......... .....4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3A Intent of Certain Terms or Adjectives, .......... __ ...................... 5. 3.5 Amending Contract Docunents......... 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Da-umenu.........................s 4. AVAIL:AB[L.ITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 5 4.1 Availability of Lands ............. ....... 5-6 4.2 Subsurface and Physical Conditions ...... .............................. 6 4.2.1 Reports and Drawings......................0 4:2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data............................................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditions..................:6 4.2.4 FNCrTNEER'sReview,,,,,,,,,,,,,,,,,,,,,,,6 412.5 Possible Contract Documents Change.........................................6 4:2.6 Possible Price and Times Adjustments .................. ............. .-7 4.3 Physical Conditions --Underground Facilities, ...................................... 7 4.11 Shown or Indicated 4.3.2 Not Shown or Indicate).. ................... 7 4.4 Reference Points...............................7 LJCDC. GENERAL CONDITIONS 1910.5 (1990 EDI-11ON) w/ C1TY OF FORT COLD; IS MODIFICATIONS (RF.V 9/99) Article or Paragraph Page Number &'title Number 4.5 Asbestos; PCBs, Petroleum, Hazardous Waste or Radioactive Material 7-8 ..................... 5. BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance. Payment and Other Bonds ............................................... 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance ................... 8 5.4 CONtRACrOR's Liability Insurance..........................................9 5.5 OWNER's Liability Insurance...............9 5:6 PropertyInsurance, ......................... r 40 5.7 Boiler and Machinery or Addi- tional Property Insurance.., .............. 10 5.8 Notice of Cancellation Pro,.ision..._,,,,.10. 5.9 CONTRACTOR's Responsibility for Deductible Amounts .................... 10 5:10 Other Special Insurance .......................10 5.11 Waiver of Rights ,,,,,,,,,,,,,,,,,,,11 5.12-5.13 Receipt and Application of Insurance Proceeds ...................... 10-11 5.14 Acceptance of Bonds and Insa- ance; Option to Replace....................11 5.15 Partial Utilization --Property Insurance .......::....:.:...:... ...........:.....11 6. CONTRACTOR'S RESPONSIBILR'lE5 ...............1 I 6.1-6.2 Supervision and Superintendence„_.... 11 6.3-6.5 Labor, Materials and Equipment_.. I1-12 6.6 Progress Schedule .............................12 6.7 Substitutes and ".Or -Equal" Items; CONTRACTOR'S Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation ............. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others-. Waiver of Rights ..................... ..... 13-14 6.12 Patent Fees and Royalties, ................... 14 6.13 Permits ............................................. 14 6.14 Laws and Regulations.,._..,_.; ............. 14 6:15 Taxes...........................................14-15 6.16 Use of Premises 15 6.17 Site Cleanliness IS 6.18 Safe Structural Loading.....................j5 6.19 Record Documents .............................15 6:20 Safety and Protection._ ............._., 15-16 6.21 Safety Representative ..........................16 6:22 Hazard Communication Programs,,,,., 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Samples .............. 16 Article or Paragraph Page Number &'title Number 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER ;..... 16-17 6.27 Responsibility for Variations From Contract Documents .... _...... 17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals...................................17 6.29 Continuing the Work....... ................ 17 6.30 CONTRACTOR's General Warranty and Guarantee.., ............ 17 6.31-6.33 Indemnification,_„ ..............._., 17-18 6.34. Survival of Obligations ...................18 7. OTHER WORK....:.....................:....:..:..............18 7.1-7.3 Related Work at Site.......................IS 7.4 Coordination...................-----.......-18 8. OWNER'S RFSPONSMTLITTF.S .........................18 8:1 Communications to CON- TRACTOR 13 8.2 Replacement of ENGINEER ............ I S 8.3 Furnish Data andPay Promptly When Due.................... IS 8.4 Lands and Easements; Reports and Tests 18-19 8.5 Insurance 19 8.6 Change Orders.. ............ ....... 19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONI'RAC7'OR's Services..:........................:..........19 89 Limitations on OWNER'S Responsibilities ............................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material. ............ .,_..-19 8. t t Evidence of Financal Arrangements .... I .......................19 9, ENGINEER'S STATUS DURING CONSTRUCTION.............................................19 9.1 OWNER's Representative ............... 19 9.2 Visits to Site19 9.3 Project Representative„.............19-211 9.4 Clarifications and Interpre- tations ................. .. ... ............ .......21 9.5 Authorized Variations in ktork........ 21 L•1CDC OENERAL CONDITIONS 1910-8 f1990 EDITIOM w/ CITY OF FORT COLLM MtOWFICATIOVS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number .Y Title Number Number &: Title. Number ' 9:6 Rejecting Defective Work...................21 13.8-13:9 Uncovering Work at ENGI- 93-99 Shop Drawings, Change Orders NEERs Request,,,,,,,,,,,,,,,,,,, 27-28 and Payments....................................21 13.10 OWNER May Stop the Work ........... 28 9.10 Determinations for LJnit Prices ....... 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ..... ... . ...............28 NEERas Initial Interpreter ............... 13.12 Correction Period ............................ .28 9.13 Limitations on ENG>TIGER's 13.13 Acceptance ofDefective Wort........... 28 Authority and Responsibilities ..... 22-23 13.14 OWNER May Correct Defective ' Work.....................,..............28-29 CHANGES IN THE WORK.:.....................................23 16.1 OWNER's Ordered Change ................ �3 14. PAYMFN s TO CONTRACTOR AND 10? 10.3 Claim for Adjustment Work Not Required by Contract 23 CObIPLE"PION 14.1. ..................29 Schedule of Values ,,,,,,,,,,,,,,,,,,,,,,,29 Documents,,:,,,, .... ......,,,,;23 14.2 Application for Progress 10.4 Change Orders_................................23 Payment................_...............-...29 10.5 Notification of Surcty,,,,,,,,,,,,,,,,,,,____23 14.3 CONTRAC'I'OR's Warranty of Title ................................. 29 CHANGE OF CONTRACT PRICE ,,,.,,,, 23 14.4-14.7 Review of Applications. for 11.1-11.3 Contract Price; Claim for Progress Payments,,,,,,,,,,,,,,,,, 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion,,,,,,,,,,,, 1.30 the Work ...... ........ ...................... -24 14.10 Partial Utilization_....: ............... ;30-31 ' 11A Cost of the Work ,,,,,,,,,,,,,,,,,.,,,,,,,,z4-25 14.11 Final Inspectigq,,,,,,,_,.... 31 11.5 Exclusions to Cost of the Work,..,,.__., 25 14,12 Final Application for Payment,....„31 11:6 CONTRACTOR'-. Fee,,,,,,,,,,,,,,,,,,,,,,,, 25 14.13-14.14 Final Payment and Acceptance ....... 31 11.7 Cost Records ..>_5-26 14.15 Waiver of Claims ' 11.8 ......................... ....... Cash Allowances... ............................ 26 ..................... .31-32 , 11.9 Unit Price Work................................26 15. SUSPENSION OF WORK AND TERMINATION ................................................ 32 CHANGE OF CONTRACT TIMES ......................... ...16 15.1 OWNER May Suspend Work .......... 32 12.1, Claim for Adjustment 26 15.2-15A OWNER May Terminate_...... 32 ' 12.2 .. , Time of the Essence ... 26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORS Work or Terminate,,,,,,,,,,,,,,,,, 32-33 Control 26-27 12.4 Delays Beyond OWNFR!s and CONTRACTOR's Control ................ 2:7 16. DISPUTE, RESOLUTION..................................33 17. MISCEI.LANEOUS.................. I ...... I ............... ...33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice ......... ,...... ............... 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times 33 DEI;re77YE WORK ........................................ ...... ..... 27 17.3 ............. Notice of Claim..............................33, . 13.1 Notice of Defects...............................F7 17.4 Cumulative Remedies... ................. 13.2 Access to the Work.. . ............... '7 17.5 Professional Fees and Court 13.3 TesLc.and Inspections; Costs Included_,_,..I-. ....... 33 CONTRACTOR's Cooperation,,,,,,,,, 27 17.6 Applicabte State Laws ..., , 33-34 ' 13.4 OWNI ER's Responsibilities; Intentionally left blank.. ..,,,,;, ... ......35 Independent Testing Laboratory... ... ,27 13.5 CONTRACTOR's EEHIBIT GC -A: ,(Optional) Responsibilities- .......................27 Dispute Resolution Agreement......,.,,..,.,,.. GC -Al 13.6-13.7 Covering Work Prior to lnspcc- 16.1-16.6 Arbitration ......................... tion, Testing or Approval.................27 16.7 &Iediation,,,,,,,,,;,,...,,._;.,,,.,,.,,.GC-Al IN 11 E1CDC GENLRAL CONDITIONS 1910.8 (1990 WITION) w/ CITY OF FORT COLLM MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to theGeneral Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurancq .........................................5.14 &fective Work ......................... 10.4-1, 13.5, 13.13 final payment ........ __ ................. 9.12, 14,15 insurance ......................................................... 5.14 other Work, by CONTRACTOR .......................... 73 Substitutes and "Or -Equal" Items_,,,,,. ............... 6.7.1 Work by OWNFR.............................. . 2.5, 6.30, 6.34 Access to the -- Lands, OWNER andco,,rrRAcroR responsibilities ........... ................................... 4.1 site, related Work.,.. ........ ..................................7.2 Work, .................. ....................... 13.2, 13.14, 14.9 Acts or Omissions, Acts and Omissions-- GC)NfRACI OR _..6.9.1, 9,13.3 F,NGINEFfZ................. ......... 6.20, 9.13.3 OWNER 0.20,8.9 Addenda --definition of (also see definition of Specifications)... ....(1.61 1.10, 6.19). 1.1 Additional Property Insurance* ................................. 5.7 Adjustra cnts- Contract Price or Contract Times ...........................1.5, 3.5, 4.1. 4.3.2. 4.5.2. - .............................4.5.3, 9.4, 9. 5, 10.2-10.4, .......... .............................. 11, 12, 14.8, 15.1 progress schedule .... ....... ...... 6,6 Agreement -- definition of "All -Risk" Insurance, policy form ............................5.6.2 Allowances, Cash ........................... I ....... I ................ 11.8 Amending Contract Documents ................................ 3.5 Amendment, Written— in.gencral ...... ......... * 1. 10. 1 A5, 3.5, 5.10, 5.12, 6.62 .............. 6.19, 10.1, 10.4, 11.2 ..... 12A, 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 ....................................................... L3 ENICTINFERs Responsibility ................................ 9.9 final payment,,,,,,,,,,,,,,,,, 9.13.4, 9.13.5, 14.12-14. 15 in general .......................... 2).S, 2.9, 5.6.4, 9.10, 15.5 progress payment ,, .............................. ..... 14.1-14.7 review of 14.4-14.7 Arbitration . ............ ............... ** ................. ..... 16.1-166 Asbestos -- claims pursuant thereto. .... ......... " 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work,...,,.,,. 4.5.2 definition of ................................... .................... t.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 Unds ...........................................4.1, 8.4 Award, Notice of--defined.......................................1.25 Before Starting ConstructioR ............. ................ 2.5-2.8 Bid --definition of.... ......... J. 5 (1. 1 1, 1.10, 2.3, 3.3, * ....................... 4.2.6.4, 6.13, 11.4.3, 11.9. 1 Bidding Docurncnts-definiticin of . ... .......... * .... .......... ... .......1.6 ... **' 1.6(6.8.2) Bidding Requirements--def-inition of ..........................................1..7 (1.1, 4.2.6.2) Bonds -- acceptance of ... ............ ......... 5.14 additional bonds 10.5. 11.4.5.9 Cog of the Work.............................................11.5.4 dermition of .......................................................1.8 delivery of ................................................... 2.1.5.1 final Application for Payment ....... ... .l 4,12-14.14 general ...................................... 1.10, 5,1-5.3, 5,13, .................................I....9.13, 10.5. 14.7.6 Performance, Payment and Other, .................. 5.1-5.2 Bonds and Insurance --in general ........................ ........ 5 Builder's risk "all-risk" policy form .........................5.6.2 Cancellation Provisions, Insurance...._.5.4.11, 5.8, 5,15 Cash Allowances ­ ................................................... 11.8 Certificate of Substantial Completion ......... 1.38. 6.X2.3, 14.8, 14.10 Certificates of Inspection ......... ......... P.13.4. 13.5, 14.12 Certificates of Insurance .............. 2.7, 5.3. 5,4,11, 5.4.13. ......................6.5, ................ 5.6-5, 5.8, 5.14, 9.13A, 14.12 Change in Contract Price -- Cash Allowances 11.8 claim for price adjustment .............4.1, 4.2.6, 4.5. 5.15, 6.8.2, 9.4 ......... .... 9.5. 9. 11. 10.2, 10.5. 11.2, 13.9. .......................13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR's fee ........ _: ......... .................... 11.6 Cost of the Work general ... ........ .............................. I .... 11.4-11.7 Exclusions to 11.5 Cost Records ...... ....... ....... A 1.7 in general .............. 1, 19, 1.44, 9,11, 10.4.2, 10.4.3, 11 Lump Surn Priciig ..........................................11.3.2 Notification.of Surety ........................................10.5 Scope of ........................................... ___10.3-10.4 Testing and Inspection, Uncovering the Work ............. _ .......... ........ 13.9 EJCDC. GLNfRAL CONDITIONS 1910.8 (1990 EDITION) wl CITY OF FORT COLLINS MOMFICATIONS (REV 9/99.) Unit Price Work 11.9 Article or Paragraph Number Value of Work- .............. ............................... J1.3 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 ......................10.5 Notification of surety ................ ......................... Scope. of change.... . .......... ............. 10.3-10.4 Change Orders -- Acceptance of Defective Work .... ......... ..... 13.13 Amending Contract Documents,.....„ .................. 3.5 Cash Allowances.... ...... I ....... I ............... ,,........ 11.8 Change of Contract Price ...................................... I 1 Change of Contract Times,,., ......................... ....-12 Changes in the Work .............. ...................... ....... 10 CONrRACTOR's fee................11.6 Cost of theWork.......................................11.4-11.7 Cost Records-, ................. ......... I.7 definition of .............................. 1.9 emergencies,....................................::.........0,23 ENGINEERS responsibility_..,- .9.8, 10.4, 11.2, 12.1 execution of ............................ Indemnifictiop,,,,,,,,,,,,,,,,,,,,;6.12, 6.16, 6.31-6.33 insurance, Bonds and, .................. ....5.10, 5.13, 10.5 OWNER may terminates „. .... I ... ,,15.2-15.4 N OWER's Responsibility,, ...... ......... 5.6. 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities--...........................4.3.2 Record Documents.. .............. ......... _ .............. ' 6.19 Scope of Change ...... .......... ....................... 10.3-10.4 Substitutes ............................................. 6.7.3, 6.8.2 Unit Price Work .,. ........................I.................... 11.9 value of Work, covered by.................................11.3 Changes in the Work .................... ....._....... ......... ...... 10 Notification of surety ............._.._.................... Il l.5 OWNER's and CONTRACTORS responsibilities........:....................................10.4 Right to an adjustment ................... ......... ...10.2 ....... Scope of change. ..................... ................. 103-10.4 Claims-- againstCON R_AC'1'OR..,,._,............. ................ against ENGINEER .... .....:........ ......: ................ 6.32 against OWNER...............................................6.32 Change of Contract Price ........................... 9.4, 11.2 Change of Crntract Times,,,,,,,,,,,,,,,,,,,,,,:_„ 9.4, 111 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. 15.5, 17J CONTRAC'rOR's Fee 11.6 ........................................ Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work ................ ....................... 1 1.4, 11.5 Decisions on Disputes.:.............................9.11, 9.12 Dispute Resolution............................................1,6.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpretor .......................9.11 Lump Sum Pricing-__ ............... __ ... .._........,11.3.2 Notice of .... .... ............ .... :........ ............ ........ I ..... 17.3 OWNER's....................9.4, 9.5, 9.11, 10,2, 11.2, 11.9 ........ ............. •..12.1. 13.9. 13.13, 13.14, 17.1 OWNERsliability...............................................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 SubstituteItems.............................................6.T1.2 Time Extension ............................ 2- Time requirements:...................................9.11, 12.1 Unit Price Work,. ....... ......... .......................... 11.9.3, Valueof...........................................................1,1.3 Waiver of --on Final Payment.................J4.14, 14.15 Work Change Directive,,,_„_„.............................. 10,2 written notice required,,,,,,,,,,,,,,,,,,,,„ 9:1 I, 11.2, 12.1 Clarifications and Interpretations,,,,,,,,;,,, 3.6.3, 9.4. 9.11 Clean Site ............... ...........................:............ „-6.17 Codes of Technical Society, Organization or Association:.... ontrac............................................:3.3.3 Commencement of Ct Times_-...., . . ........... 2.3 Communications -- general ....... .....6.2. 6.9.2, 8.1 Hazard Communication Programs_.,,_ . ............... „.0.22 Completion - Final Application for Payment ..........................14.12 Final Inspection...............................................14.11 Final Payment and Acceptance ...... .......... 14.13-14.14 Partial Utilization,,,,,,,,,,,,,,,,,*....,,,,, „- „14.10 Substantial Completion... ................... 1.38, 14.8-14.9 Waiver of Claims ............. ................................. 14.15 Computation of Times...............................17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.8 6:11 Conferences-- ' initially acceptable schedules ..... ......... . ............ .,,, 2.9 preconst ruction, ............................ ......................3:8 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 E1CDC GENERAL CONDITIONS 1910-3 (1990 EDI'ION,) w/ CITY OF FORT COLLINS b10DIF1CAT10N5 (REV 9/99) Cash Allowances.. _..-_...................11.9 Article or Paragraph Number Change of Contract Price.k................................... l i Change of Contract'fimes,,.....,.. ........ ,............ 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 ............................... OWNER's responsibility to furnish data...............8.3 OWNER's responsibility to make prompt payment... ....................... 8.3, 14.4, 14.13 precedence, ... ....... q ...................... ........... . 3-11 3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications. of Technical Societies ................................... 3.3 Related Work.....................................................7.2 Reporting and Resolving Discrepancies...,,,, ,?.5, 3.3 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__- ...... ,.................. . Contract Price - adjustment of ............... 3.5. 4.L 9A. 10.3, 11.2-11.3 Changeof ........................................................... I 1 Decision on Disputes........................................9.11 definition of.....................................................1.11 Contract Times -- adjustment of .......................... 3.5. 4.1, 9.4, 10.3. 12 Change of .......... .:...................................... 12.1-12.4 Commencement of .............................................. 2.3 definition of .................................................... 1.12 CONTRACTOR -- Acceptance of Insurance., .................... ......5.14 Communications., ..... 1.11 ................ ............ 6.22, 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..................._.,....„.-.,......,.4.12 May Stop Work or Term inate............................15.5 provide site access to others... ......... .......... 7.2, 13.2 Safety and Protection .....................3.1.2, 6.16, 6.18, ...................................... 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal ..........:.................. ..........6.25 Stop Work requirements ....... ... ........................ 4.52' CONTRACTOR' -- Article or Paragraph Number Compensation .............. ........ I 1.1 -1 1.2 Continuing Obligation.....................................14.15 Defective Work ............................... 9.6, 13.10-13.14 Duly to correct defective. Work ............... ..........13. l 1 Duty to Report -- Changes in the Work caused by Emergency... .................. 6,23 Defects in Work of Others ............................. 7.3 Differing conditions ..... ...................._......4.2.3 ,, Discrepancy in Documents....,,,.?.5, 3.3.2, 6.14.2 Underground Facilities.not indicated,__,.,..„ 43.2 Emergencies ................. 6.23 Equipment and Machinery Rental, Cost of the Work ...........................................11.4.5.3 Fee --Cost Plus-11.4.5,6, 1.1.5.1, 11.6 General Warranty and Guarantee .......................6.30 Hazard Communication Programs,,,,,,,,,,,,,,,,,,, 6.22 Indemnification ......................... 6.12, 6.16,.6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipment ....................6.3-6.5 Laws and Regulations, Compliance by„.,,,-,-,,,6 .14.1 Liability Insurance ........ ............. ........... I .... ,.,,,..... .4 Notice of Intent to Appeal :..............._,,,,,9.10, 10.4 obligation to perform and complete theWork....................................................6.30 Patent Fecs and Royalties, paid for by.................6.12 Performance and OtherBonds5.1 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.- ..................... - ........ MA Concerning Subcontractors, Suppliers and Others .........::.......................... 6.8-6.11 Continuing the Mork ..........................6.29, 10.4 CONTRACTORS expense .......................... 6.7.1 CONTRACTORs General Warranty and Guarantee...-_.....:...........................6.30 CONTTR.ACTOR'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.............................6.73 For Acts and Omissions of Others ....... ..... ........... I ..... 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.._.. ..... .22 Indemnification 6.31-6.33 vii EJCDC GL'NrRAL CON'DMONS 1910-8 (1990 LDMO14) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 7 Labor, Materials and Equipment ......... _.,.6.3-6.5 CONTRACTORS --other ............... ............................... 7 Laws and Regulations ......:..........._.,,_.:,_,....6.14 Contractuall.iability(nsurancc5A.10 Liability Insurance,,,,,,.,, ...............5.4 Contractual Time Limits,,,,,..,,, .. ' Article or Paragraph Number Notice of variation from Contract Documents ............ . .............................. 5. 27 Patent Pees and Royalties ..., 6.12 Permits.................. ........... ............... :.......... 6. 13 Progress Schedule ...................... I.................. &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 ....................G.20. 7.2. 13.2 Safety Representative ............. . 6.21 Scheduling the Work 6,9.2 Shop Drawings and Samples ....................... 6.24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness..........................................6.17 Submittal Procedures....... ......... I ....... I .......... 6.25 Substitute Construction Methods and Procedures.....................„.,,,,,,,-„.,6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence 6:2 Supervision............ _ ...1.................. . .........6.1 Survival of Obligations,,,,,,,,,,,,,,,,,,,, ........... .6.34 taxes.........................................................6. I> Tests and Inspections,._ . ....... ...................... .11.5 ToReport......................................................2.5 Use of Premises 0.16-6.18. 630.2.4 Review Prior to Shop Drawing or Sample Submittal.........................................625 Right to adjustment for changes in the Work.. ... 10.2 right to claim,.,.,.,,,,_. 4, 7.1, 9.4, 9.5, 9.11,.10.2,11.2, .,..., , 11.9. 12.1, 13:9, 14.8, 15.1, 15.5, 17.3 Safety and Protection,,,,,,,,,,,;,,,,,, 6.20-6.22, 7.2. 132 Safety Representative... ...... 11 ..... I... ................... 6.21 Shop Drawings and Sam plcs Suhmittals.....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,,,,,,,,,, 6.8-6.1 1 Supervision and Superintendence ......... 6.1, 6.2, 6.21 Taxes, Payment. by ............................ .. ........._6.15 Use of Premises ......................................... 6.16-6.18 Warranties and guarantees ....... ..:................ .5, 6.30 Warranty of Title..............................................14.3 Written Notice Required -- CONTRACTOR stop Work or terminate,......15.5f Reports of Differing Subsurface and Physical Conditions .......................4.2.3 Substantial Completion... ......... ....... 14.8 viii Article or Paragraph Number Coordination— CONf RACTOR s, responsibi li ty. ... . . ... . . .............. 6.9. 2 Copies of Dix:uments................................................ 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...........................1.3.13 Correction or Removal of Defective Work................................6:30, 13.11. Correction Period ..................... .................. ....13.12 OWNER May Correct Defective Work ...... ........1'3.,14 OWNER 1vlay Stop Work.................................13.10 Cost -- of Tests and Itispections.....................................13.4 Records11.7 Cost of the Work -- Bonds and insurance, additional ,,,,,,,,,,,,,,,,,„11:4.5.9 Cash Discounts.. ................................. ....... .....11.4.'_ CONTRACTOR',.; Fee 11.6 Employee Expenses.....................................1 1.4.5.1 Exclusions to :............:..:... ............... .................. 11.5 General11,4-11.5 Home office and overhead expenses.. . ................. 11.5 Losses and damages ................... I ................. 11.4.5:6 Materials and equipment.... ........ ............. _ ... 11A.2 Minor expenses....................:......................1 I.4.5.8 Payroll costs on changes.................................1 1.4.1 performed by Subcontractors ................. :...... ...1.1.4-3 Records 11.7 Rentals of construction equipment and machinery ....... ....... ..................... ....11-4-5.3. Royalty payments, permits and license fees ......................... ..........:... 11.4,5.5 Site office and temporary facilities l 1.4.5.2 Special Consultants, CONTRACTOWs,,,.......... 11.4.4 Supplemental.................................................11 A.5 Taxes related to the Work ............... _ 1 1.4.SA Tests and Inspection .................. I......................13.4 Trade Discounts....................„.„:„_,_,_,,,,,,.,,,,,11.4.2 Utilities, fuel and sanitary facilities..............1 1.4.5.7 Work after regular hours ................ ................. 11.4.1 Covering Work .......... ............... ._.................... 13.6-13.7 Cumulative Remedies ...................................... 17.4-17.5 Cutting, fitting and patching ................................... 7.2 Data, to be furnished by OWNER,.,..... 8.3 Day --definition of................................................17.2.2 Decisions on Disputes .................................... 9,11, 9.12 defective --definition of .............. .............................1.14 defective Work -- Acceptance of......................................10.4.1. 13.13 EJCDC OENER.-V, CONDITIONS 1910.8 (1990 EDITION) wJ CITY OF FORT COLLINS 1XtODIFICATIONSAAFV 9i99) Correction or Removal of 10.4.1, 13.11 Correction Period...... 13.12 .................... - ............ in general ..... ............... ............... 11-14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work ................................. 13.10 Prom pt'Notice of Defects ....... - .................... --13.1 Rejecting...... ....................................................9.6 Uncovering the Work ......................... .............. 13.8 Definitions I Delays ...................................4.1, .................................4.1, 6.2% 12.3-12.4 Delivery of Bonds........................I--....................... Delivery of certificates of insurance ............................2.7 Determinations for Unit Prices;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 9.10 Differing.Subsurface or Physical Conditions-- Noticeof......_ ... . ..... .. ** ....... * ......... . * ...... * ..... 4.2.3 ENGINEER's Review...... 4. 2. 4 Possible Contract Documents Change,,,,,,,,,,,,,, J2.5 Possible Price and Times Adjustments. ...... _....4.2.6 DiscrepancicsmReporting and Resolving ........................ ....... 2.5, 33.2, 6.14.2 Dispute Resolution - Agreement * ............................ .......... ­ ...... 16.1-16.6 Arbitration ............................................... 36.1-16.5 general 16 Mediation ...........................................I............16.6 Dispute Resolution Agreement ....... .................. 16.1-16.6 Disputes, Decisions by ENG[NEER ................... 9-11-9.12 Documents - Copies of....... ........................ ......... 2.2 Record 6.19 Reuse of 3.7 Drawings -definition of...........................................1.15 Easement,; 4.1 Effective date of Agreement - - definition pf. ......... j, 16 Emergencies ...........................................................b.23 .....*..............................23 ENGINEER - as initial interpreter on disputes,,,,,,,,,,,,,;,, 9.11-9.12 definition of........ .................. ............. I ........... 1.17 Limitations on authority and responsibilities,..,, 9.13 Replacement of.,,.. .................... .......... ............ -8.2 Resident Project Representative, ........ ................. 93 ENGINEER!s Consultant -- definition of 1.18 ,ENGLNEERs-- authority and responsibility, limitations on,,.,,,,, 9.13 Authorized Variations in the Work ..................... 9.5 Change Orders, responsibility for ....... 9.7, 10, 11. 12 Clarifications and Interpretations., .... ........ 3. 6.3.9.4 Decisions on Disputes. .................... 9.11-9.12 defective Work, notice of ....... ................. - ....... 13.1 Evaluation of Substitute Items ..........................6.7.3 Liability ........................... - ... I ... I ............. 6.32,9.12 Notice Work is Acceptable ............. .......... ...... 14.13 Observations 630.2, 9.2 OWNFR!s Representative ........ - ....... I ....... .......... 9.1 Payments to the colsrl-RAcTOR, Responsibility for.....................................99. 14 Recommendation of Payment .................... 14-4, 14.13 Article or Paragraph Number Responsibilities --Limitations on .................. 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ........................ _ ... 4.2. 4 Shop Drawings and Samples, review responsibility ............................. ................. 6:26 Status During Coristruction- 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 ENIGTNFER's Responsibilities ................. 9,1-9.12 Limitations on FNGft\JPER!s Authority and Responsibilities : ....................... * 9.13 OWNER!s Representative,,,,,,,,,,,,,, 9.1 Project Representative .......... * --------- * .......... ­ 9.3 Rejecting Defective Work " ** ............. * ...... ­ ... 9.6 Shop Drawings, Change Orders and Payments ......................... ...... 9-7-9.9 Visits to Site. ......... ...................................... P.2 Unit Price determinations 9.10 Visits to Site............_.._....................................9.2 Written consent required ............................. 7.2,9.1 Equipment, Labor, Materials.and ......... ......... 6.3-6.5 Equipment rental, Cost of the, Work......__...,._,--- 11.4.5.3 Equivalent Materials and Equipment,,,,,,,,,,, .......... 6.7 error or omissions ................................................... 0.33 Evidence of Financial Arrangements ............. ; ........ 8. I I 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 allovences-, 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 ..... I ..... - ..... I .................................... A 7.1 Guarantee of -Work -by CONTRACTOR,,_,,,,, . 6.30, 14.12 Hazard Communication Programs .........................6.22 Hazardous Waste - definition of ..................................................... 1:21 general................................... ............... ---------- 4.5 OWNER's responsibility for ............................... 8.10 ricDc. GENERAL CONDITIONS 1910-8 (1990 EDMOIN) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) ' 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.Cbntract. ' 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.. 1 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. 1 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 1 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. 1 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 1 City of Fort Collins 1 By James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director 1 1 Rev 10/20/07 Section 00020 Page 2 1 1 11 rJ Indemnification........._ .................. 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules............................._...2.9 Inspection -- Certificates of,.,,,,,,,; .. ..9.13.4, 13.5, 14.12 Final........................................ . ........... . .....14.11 Article or Paragraph Number Special, required by ENGINEER 9.6 Tests and Approval,,,,,,,,,,,,, ,, $.7, 13.3-13.4 Insurance - Acceptance of, by OWNER......:........................5.14 Additional, required by changes in the Work..........:.............................:..11.4.5;9 Before starting ................... 2.7 Bonds and -in general,,,,,,,,,,,,, ..................... „ „5 Cancellation Provisions., ... 11 .... ... ­ ­ . ...... I ...... I .... 5.8 Certificates of .....,,.,-„_....,,2.7, 5, 5.3, 5.4.11, 5.4.13, ............i.6.S, 5.8, 5.14, 9.13.4, 14.12 completed operations .................... .....1.... I ... ,. 5.4.13 CONTRACTOR's Liability..................................5.4 CONTRACTOR's objection to coverage,,,,,,,,,,,,, 5.14 Contractual Liability .......... ,_ .........................5.4.10 deductible amounts, CONTRACTOR's responsibility ................................................5.9 Final Application for Payment .........................14.12 Licensed Insurers ................................ 5.3 Notice requirements, material changes. 5 $ 10.5 Option to Replace ............................... .......5.14 other special insurances..................................15.10 OWNER as fiduciary for insureds,,,,,,,,,,,,,, 5.12-5.13 OWNER's Liability.- ........ ................. ............ _5.5 OWNFER's Responsibility,,,,,,,, 8.5 Partial Utilization, Property Insurance ..... .........5.15 Property ......... . ............................ . ..............5.6-5.10 Receipt and Application of Insurance Proceeds................................. 5.12-5.13 Special Insurance ....,_ ......5.10 Waiver of Rights..............................................5.11 Intent of Contract Documents.. I .... -.111 ....... I .... 1....3-1-3.4 Interpretations and Clarifications ..................... 3.6.3, 9:4 Investigations of physical conditions .........................4.2 Labor, Materials and Equipment..,,_._ .................. 6:3-6.5 Lands -- and Easements ............................... ................ ....8.4 Availability of;,,,,,,,,,,,,,,, 4.1, 8.4 Reports and Tests ............................. *................ 8.4 Laws and Regulations --Laws or Regulations-- Bonds.....................................:..................5.1-5.2 Changes in the Work ......................................... 10.4 Contract Documents,,... ................................. .... 3. I CON'rRACTOR's Responsibilities ................... 6.14 Correction Period,dejective Work,,,,,,;,,,,,,, 13.12 Cost of the Work, taxes...............................11.4.5.4 definition of...... •.................................. 1.22 gcneral6.14 Indemnification ....................................... 6.31-6.33 Insurance :........................................:.................5:3 Precedence 3.1,3:3.3 Reference to3.3.1 Safety and Protection................................6.20, 13.2 Subcontractors, Suppliers and Others ..... ....... 6.8-6.11 Article or Paragraph Number Tests and Inspections..................................13.5 Use of Premises.................................................6.16 Visits to Site ............................... .....„ .,_.._.._.,9.2 ...... Liability Insurance-- CONT RAUFO R's............................................... 5.4 OWNERs:.................................................... . ...: 5.5 Licensed Sureties and insurers ................................. 5.3 Liens -- Application for Progress Payment ......................14.2 CONI'RACTOR's Warranty of"ritic„............. 143 Final Application for Payment ..........................14.12 definition of,.,,,., 1.23 Waiver oCClaims,,,,,,,,,,,,;,,, .... ,.14.15 Limitations on ENGINEER's authority and responsibilities ............... ............9.13 Limited Reliance by CONTRACTOR Authorized...................................................... 4.2.1 Nlaintenance and Operating Nlanuals-- Final Application for Payment .................. ....... 14.12 Manuals (of others) -- Precedence ............. _.,.,..._: 3.3.1 Reference to in Contract Documen4..................3.3.1 Materials and equipment -- furnished by CONTRACTOR......._ ................ not incorporated in Work., ... ....... 14.2 ,Materials or equipment --equivalent ...........................6.7 Mediation (Optional)..............................................J6.7 Milestones --definition of,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,.......1.24 Miscellaneous -- Computation of Times.......................................17.2 Cumulative Remedies ...... ................ ..................:17.4 Giving Notice ..................... ... : ........... ..I...........,17.1 . Notice of Claim .. ... ............................................17.3. Professional Fees and Court Costs Included.........1 75 sLlulti-prime contracts... ....... ...... ...... I .... ­.. . .... - ... I .... ­7 Not Shown or Indicated ,,,,,,,,,;,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4.3.2 Notice of- - Acceptability of Project......................................14.13 Award, definition of............................I............1.25 Claim................................. .......... ................a7.3 . Defects, 13. l Differing Subsurface or Physical Conditions....._.4.2.3 Giving............................................................17.1 Tests and Inspection.,_.....................................13.3 Variation, Shop Drawing and Samply................ 6.27 Notice to Proceed -- definition of,....,,, .. 1.26 giving of,,.,,._. 2.3 EJCDC: GENERAL CONDITIONS 1910.8 (1990 ED1110N) tv/ (aTY OF FORT COLLINS MODIFICATIONS (REV 9/971 Notification to Surety ,................... ......._,_......,,-... 10.5 Observations, by'F.NGINFFP.....I.......__..-----.---6.30, 9.2 Occupancy of the Work, ...... •........... 5.l5, 6,30.2.4, 1,4.10 Omissions or acts by CONTRACTOR ;,••-•,.-,•,,,•6.9, 9.13. Open Peril policy form, Insurance z-„......••„......••„•• 5.6.2 Option to Replace ...................................................5.14 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work --prohibition of ........... •..................... , 6.3 OWNER -- Acceptance ofdefective Work. .......................... 1.3.13 appoinvan ENGINEER. .....................................8.2 as fiduciary ............ ................................... 5.12-5.13 Availability of Lands, responsibility ....... ,............ AA definition of 1.27 data, furnish ................................ .................. _ 8.3 May Correct Defective Work -,--•....... -•,,,,...... •- • 1.3.14 V1ay refuse to make payment, ............................14-7 May Stipp the Work ..................... ;.................... 13-10 May Suspend Work, Terminate ...........................8.8, 13.10, I5.1-15.4 Payment, make prompt--- .................. 8.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements,-------,•,- 6.13 purchased insurance requirements...............5.6-5.10 OWNERS -- Acceptance of the Work..............................6.30.2.5 Change Orders, obligation to execute,,,,,,,,,- 8.6, 10.4 Communications 8.1 Coordination of the Work 7.4 Disputes, request for decision ............................ P. I I Inspections, tests and approvals- ....... ,........ 8.7, 13.4 Liabilitv Insurance 5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINFEWs Status 9.1 Responsibilities -- Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Nfaterial .................. 8.10 Change Orders..............................................8.6 Changes in the Work ..................... .............. 10.1 communications ..:........................................:8.1 CONTRACIORs responsibilities .............• • •-„8.9 evidence of financial arrangements .......... _•,8.II inspections,, tests and approvals ...................... 8.7 insurance..................................................... 8.5 lands and easements ..................................... 8.4 prompt payment by, .................................... .., 8.3 replacement of ENGINEER .................•,,..... 8.2 reports and tests...........................I................8.4 stop.or suspend Work .................8.8, 13.10, 15.1 terminate CONTRACTORs services ............. _ ........................ --. 8.8. 15.2 separate representative at site .............................. 9.3 testing, independent ........... ..............................13.4 use or occupancy of the Work .........................5.15. 6.30.2.4. 14.10 written consent or approval required ........ ................................. 9.1, 6.3, 11.4 Xi . E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION wl CITY OF FORT COLLINS ,MODIFICATIONS (REV 9199) FJ iJ 1 Article or Paragraph Num her written notice required ........................7.1, 9.4, 9.1 I, .................................. 11.2, 11.9, 14.7, 15.4 PCBs -- definition of L29 general...................................I ........................ 4.5 OWNER's responsibility for...............................8.10 Partial Utilization -- definition of.. ........... ............ ....................... . ...1.28 general6.30.2.4, 14.10 Property Insurance ...... ...................................... 5.15 [latent Fees and Royalties ....... 6.12 Payment Bonds ....................... ...... Payments, Recommendation.of..... ........ 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion— Application for ProgressPayments ......................14.2 CONCRACTOR's Warranty of'ritic...................14.3 Final Application for Payment ......... ........14,12 Final Inspection,,, ............................................ 14.11 Final Payment and Acceptance ................ 4.13-14.14 general........................................................8.3, 14 Partial Utilization......................................._._.14.10 Retainage.......... ................................................. 14,2 Review of Applications for ' Progress Paym ents...............................14.4-14.7 promptpayment ............................................ :..... 8.3 Schedule of Values,,,,,;,,,,,,,,,, 14.1 Substantial Completion .......... .................14.8-14.9 Waiver of Claims_ ........................................... 14,15 when payments due .............:.................. 14A, 14,13 withholding payment ...................................... .14.7 Performance Bonds .1, ........... I .......... 5.1-5.2 Permits ........................... .......6.13 Petroleum, -- definition of ................................ 1.30 general................................................... I .......... 4.5 OWNER's responsibility for,,,,,_..._„...................8.10 Physical -Conditions— Drawings of, in or relating to.,;..,,,,... 4-2.1.2 ENCr1NEER's review....._,.,,,, . 4.2.4 existing structures... ... "..I .. ...................................:4.2.2 . general4.2.1.2 ..... _ ............:.......... _.......... ........ Notice of Differing Subsurface or.......................4.2.3 Possible Contract Documents Change.,.,,.,,,, 4.2.5 Possible Price and Times Adjustments,,,,,,,,,,,,, ;1.2.6 Reports and Drawings......................................4.2.1 Subsurface and .................... _ _ 4.2 Subsurface Conditions....,...._._. Technical Data, Limited Reliance by CONTRACTOR Authorized ........................ 4.2.2 Underground Facilities -- general ............ 4.3 Not Shown or Indicaed.... ..__._._.._- ....__4.3.) Protection of.........................................4.3, 620 Xli Article or Paragraph Num her Shown or Indicated,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.3.1 Technical Data................................................4.2.2 Preconstruction Conference.... ............................ ; ...... 2.R Preliminary Matters .................. 2 Preliminary Schedules, .................................................2.6 ................... Premises, Use of.. ...... I ........ I ....... I ......6.16-6.18 Price, Change of Contract--- ­­ ................... I .......... I l Price, Contract --definition of .. ............................. Progress Payment, Applications for ......... ..........„- .,14.2 Progress Paymcnt--rctainage.................................„ 14.2 Progress schedule, CONTRACTOR'...............-.6, 2.8, 2.9, ............. I................... 6.6. 6.29, 10.4. 15.2.1 Project--definiiion of...............................................1.31 Project Representative-- ENGINEERs Status During Construction ............ 9.3 Project Representative, Resident --definition of ......... 1.;33 prompt payment by OWNER,,,,,,,,,,,,, 4 ................3 3 Property Insurance-- Additional...........................:.............................5.7 gencral5.6-5.10 Partial Utilization ......... ....................... 5.15; 14.10,2 receipt and application of proceeds ... ......... 5.12-5.13 Protection, Safety and...............................fi,.20=6.21, 13,2 Punchlist.:........................................................14,11 Radioactive Material-- defintion of ......... :............................::.:...........1.32 general4.5 OWNER's responsibility for...............................8.10 Recommendation of Nyment.................14:4, 1415, 14.13 Record Documents ............ _ ...............--------...6.19, 14.12 Records, procedures for maintaining., ......... _........... _2..8 Reference Points ........................... ............................ 4:4 Reference to :Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or) ...................................... 6.14 Rejecting Defective Work..........................................9.6 Related Work -- at Site ................................... ....7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ...................... G.28 Remedies, cumulative ............. ............. ..._„_.J7.4. 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. MNI R's responsibility ....................8.4 Resident and Project Representative -- definition of .......................................... ,. 1.33 provisionfor............................................................ 9.3 EJCDC. GENET AL COMMONS 19to•s (1990 EDrrm) w! CITY OF FORT COLLINS MODIFICATIONS (RFV 9199) Article or Paragraph Number Resident Superintendent, CONTRACTORs............... 6.2 Responsibilities-- CONTRACTORs-in general .................................. 6 ENGLVEERs-in general ........ :............................... 9 Limitations on .............................................. 9.13 OWNER's-in general.. ........ I ..................... I ....... I .... 8 Retautage.._........................................................1.4.2 Reuse of Docum cnts 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal..._ I.....................6.25 Review of Applications for Progress Payments—— ..... 11 ........................ 14.4-14.7 Right town adjustment.., ..................... .................... 10.2 Rights of Way ............................. 4.1 Royalties, Paient Fees and....................................... 6.12 Safe Structural Loading..........................................fi.18 Safety_ and Protection................................4.3.2, 6.16, 6.18, ..................................... 6:20-6.21, T2, t32 general..... ..........................................I .... 6.20-6. 23 Representative, CON ILACTORs .......................¢.21 Samples-- deiinition of....., .... ........................... ....... ....... 1.34 general .... :............ .......... :................. . ...:.6.24-6.28 Review by CONTRACTOR ........... ............... ..... 6.25 Review by ENGINEER ...............................(C.26, 6.27 related Work.....................................................0.28 submittal of.., .......... ............... ...................... 6.24.2 submittal procedureg.......................................:.6.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6. .....:............................ I ..... 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 ... ,....... I......................3-6.2 ENGINEER'S responsibility for review ..................................... 9.7, 6.24-6.28 related Work....................................................6.28 review procedures................................2.8, 6.24-6.28 Article or Paragraph Number submittal required...... ....................... ............ 6.24.1 Submittal Procedures.......................................:.6.25 use to approve substitutions .: ........................... 6.7.3 Shown or Indicated ............................................... 4.3.1 Site Access...........:.......................:..........:.......7.2. 13.2 Site Cleanliness ......... ..................... I....... I ...... .......... 6.17 Site, Visits to -- by ENGUEER...........................................9.2, 13.2 by others__ .... ......... ................ ...... ..... 13.2 "special causes of loss" policy form, insurance ........._..........................:................. 5.6.2 definition of..........................:..........................1.36 Specif cations— defination of ............ .................... .................... 1.36 of "Technical Societies, reference to ........... .„_... 3:3.1 precedence......................................................3.3.3 Standards .and Specifications . of Technical Societies ........................................ 33 Starting Construction, Before.,...,,,:,,.I—...... I ........ 2.5-2.8 Starting the Work.....................................................2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER ..................................... 8.9, 13.-10, 15.1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety ......... ....... .............. ....... -.6.18 Subcontractor -- Concerning ......................................... ....... 6.8-6.1 1 definition of. .................................................... j.37 delays---------- -------- ---_........................ .......12.3 waiver of rights, .................................. ...... ..... 0.11 Subcontractors --in general ..... ............................ 6.8-6.11 Subcontracts --required provisions..,,,,,,, ... �.11, 6.11, 11.4.3 Subm ittals-- Applications for Payment ................................. 14.2 Niaintenance and Operation Manuals..............J4.12 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 .......................... .........._16, 2.8-29 Shop Drawings ........................................ 6.24-6.23 Substantial Completion— certification of............................6.30.2.3, 14.8-14.9 definition of. ;_ .... j38 Substitute Construction methods or Procedures ........ 6.7.2 Substitutes and "Or Equal" Items ............ ..........._...... 6.7 CONTRACTOR's Expense,..,,,, ..................... 6.7.1.3 ENGINF.ER's Evaluation.................................. 6.7.3 "Or -Equal" ................................... I ............... 6. 7.1.1 Substitute Construction Methods siii ricbc OENERAL C6Ni)rnON3:1910.8 (1900 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS (REV 91991 No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text