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HomeMy WebLinkAboutBID - 7076 POUDRE TRAIL REHABILITATION JUNCTION AND ELSF6rt Collins �Purtthasi�ng�- ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS 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 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. 3. 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. 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 sum finally detennined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and )NIGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4, In lieu of terminating the Agreement and without prejudice to any other right or remedy, if UNGLNEER has failed to act on an Application for Payment within thirty days after it is submitted. or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude COirfRAc*roR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for csTwnscs or damage directly attributable to CONTRACTOR'sstopping Work as permitted by this paragraph. ARTICLE: 16—DISPUTE: RF_SOLUriON If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in kxhibit 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 suhjcct to the provisions of paragraphs 9.10, 9.11 and 9,12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—;♦ MELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm- or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Tinte: 17.2.L 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 he omitted from the computation. EXI)COENERAL COMMONS 1910-5 (1990 Edition) a! CITY OF FORT COLLI NS DSODIIICA-rIONS (RL--V 4P-0(J0} 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of (Taint: 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 wTiting to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies: 17,4. 'fhe duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the patties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 630, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER. and F.NGINFER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply Professional fees and Court Costv 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. I T6. The laws of the State of Qglondo apply to tlul eement. Reference to two pertinent Colorado statutes are as follows; 17.6.1. Colorado Revised Statutes (CRS 5-17-101). require that Colorado labor be employed to perform the Work to the extent of not less than SO percent (80%) of each tape or class of labor in the several classifimtions of skilled and common labor emplove.d on the Project. Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of emplovment,without discrimination as to race, color, creed, age, religion or sex. 11.6.2. if a claim is filed, OWNER is required by law ((sRS 3&26-107) to withhold from. all payments to CONTRACTOR sufficient funds to insure the gym ent of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONCRAC.I'OR or his 33 EJCUCGENERAL CONDHIONS 1910-4 (1990 Edition) 34 edC17TOFFORTCOLLINSAIOUIFICATIONS(REV,IPOto) (This page left blank intentionally.) EJCDC GENERAL CONDrn ON5 I `) i0 Y o 99i) Eclilionj 3$ a! CITY 01;. FORT COLLINS NODIFICA'CIONS tREV 9Q000) iG EICUC GEN-MA . CONDITIONS 1910-8 (1990 Edition) tc/ CITY OF FORT COLLINS MODIFICATIONS tREV,IP0001 EXHIBIT CC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLMO\ AGREEMENT OWNER and CONTRACTOR hereby agree that article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following.epreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by - paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to E"`i '(311NEER initially for decision in accordance with paragraph 9.11 will Ix: 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 INGINEER if a written decision has not been rendered by ENGINEER before that (Lite. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the state on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.I1-, and the failure to demand arbitration within said thirty days period will result in ENG -ERs decision being final and binding upon OWNER and CONTRACTOR_ If BNGWEER 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 L'i`iGINEE-R 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 162 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 imy such demand be made after the elate 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. EXIX; GENERAL CONDITIONS 1910.3 (1990 Edition) %d CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGUEER. ENGNEER'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 proceeding% and 16.4.3, the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this 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 specitcally identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6:11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does riot otherwise exist. 16.6. The award rendered bv. the arbitrators will be final, judgment may he entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"). to mediation by the American Arbitration Association under the Construction industry Mediation Rules of the American .Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 162 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time lunits 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. QC -Al FRW, GFNERAI. CONDITIONS 1910-3 (1990 F.,6tim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) GC -Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . Rev10/20/07 Section 00800 Page 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing Rev10/20/07 .Section 00950 Page 1 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will -be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. Rev10/20/07 Section 00100 Page 3 IT 0 w 0 ƒ ofwooaf eezzw 20zz2 =zz�= z2ELij cz Ig \/%E§ g IL }i�2 a -<I CL k A z 3: 0 0 \ ƒ 0 0 S k R k R k q � \ \ . m J � ) } c I \ 0 \ ® \ 7 . -� yo'0M \K J«2a CA < ®�-< < , _ \ k� a2<.,& �k0:3 2 ° \° L) / 0 2 d ] §� \= 22 :3 � R ° a . L) 'b z 0 E 2 ' &a 0z o§ /eu<u k 0 � < F- w c w 0 z 0 w \ 7 0 \k P: \ m � �/ 2 0± a. \\ )k ' / \ // z i k /\ < o£ 0 \\ S ) k 0 A 7 § cu L ¥f . 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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 of Work A. The Contractor shall provide all labor, materials and equipment necessary to perform the work items indentified in the bid schedule. 1.03 City Furnished Materials A. None. 1.04 Conditions of Work A. 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 conirol and cleanup resting with the Contractor. F. Toxic, corrosive and flammable materials for construction other than specified shall not be used without prior approval of the City of Fort Collins. When approved, disposal of these materials or their containers will be off site and conform to state and federal regulations. 1.15 Protection of Property A. Initiate, maintain and supervise necessary protection to prevent damage, injury or loss to: 1. The Work and materials and equipment to be incorporated in the project, whether in storage on or off the site: and 2. Property at the site or adjacent thereto, including fences, patios, driveways, sidewalks, pavement, trees, shrubs, lawns, walks, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. B. Maintain, protect, and support existing utilities and other appurtenances against damage by shoring, bracing, or other means. C. Do not stockpile excavated material against existing appurtenances. 1.16 Survey Requirements A. Contractor shall be responsible for construction staking necessary for proper and accurate completion of the work covered by this contract. The Contractor shall provide experienced instrument personnel, competent assistants, and such instruments, tools, stakes, and other materials required to complete the survey, layout, and measurement Work. Survey work shall be performed under the direction of a licensed professional surveyor in the State of Colorado. In addition, Contractor shall furnish, without charge, competent personnel and such tools, stakes, and other materials as Engineer may require in checking survey, layout, and measurement Work performed by the Contractor. B. All work shall be performed to the lines, grades, and elevations shown on the Drawings. When construction occurs within the following areas, corresponding tolerances are required. The installation will be acceptable to the Owner when these tolerances are met, with respect to the lines and grades. If the tolerances are not met, the Contractor shall be responsible for performing OWNER approved modifications to the facilities to bring the project components into tolerances. City of Fort Collins SECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 3 of 4 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 beat the job site anytime work is being accomplished by any of the trades per General Conditions including, but not limited to, Article 6. PART 2 - MATERIALS (Not Applicable) PART 3 - EXECUTION (Not Applicable) PART 4 - MEASUREMENT & PAYMENT (Not Applicable) END OF SECTION City of Fort Collins SECTION 01000 - PROJECT SUMMARY Park Planning & Development Division Page 4 of 4 DIVISION 1 SECTION 01100 - SUMMARY OF WORK PART 1 - GENERAL 1.01 Description of Work A. The 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 SECTION 01100 — SUMMARY OF WORK Park Planning & Development Division Page 1 of 2 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. Rev 10/20/07 Section 00100 Page 4 PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END,OF SECTION City of Fort Collins SECTION 01100 —SUMMARY OF WORK Park Planning & Development Division Page 2 of 2 DIVISION 1 SECTION 01160 — SITE CONDITIONS PART 1 - SITE INVESTIGATIONS AND REPRESENTATION 1.01 General Investigations A. The Contractor acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon access to the site; handling, storage, and disposal of materials; availability of water, electricity and roads; uncertainties of weather, or similar physical conditions at the site; the conformation and conditions of the ground; the equipment and facilities needed preliminary to and during the execution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. 1.02 Soil Conditions A. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials to be encountered from his inspection of the site and from reviewing any available records of exploratory work furnished by the Owner or included in these Documents. Failure by the Contractor to acquaint himself with the physical conditions of the site and all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. 1.03 Contractor Representation A. The Contractor warrants that as a result of his examination and investigation of all the aforesaid data that he can perform the work in a good and workmanlike manner and to the satisfaction of the Owner. The Owner assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of this Contract unless; (1) such representations are expressly stated in the Contract, and (2) the Contract expressly provides that the responsibility therefore is assumed by the Owner. PART 2 - INFORMATION ON SITE CONDITIONS 2.01 General Any information obtained by the Engineer regarding site conditions, subsurface information, groundwater elevations, existing construction of site facilities, and similar data will be available for inspection, as applicable, at the office of the Engineer upon request. Such information is offered as supplementary information only. Neither the Engineer nor the Owner assumes any responsibility for the completeness or interpretation of such supplementary information. A. Differing Subsurface Conditions: 1. In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing materially from those ordinarily encountered and generally recognized as inherent in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the Owner in writing of such changed conditions. 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 City of Fort Collins SECTION 01160 — SITE CONDITIONS Park Planning & Development Division Page 3 of 3 DIVISION 1 SECTION 01290 - MEASUREMENT AND PAYMENT IL\:��iQei�►1=1 71� 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 DIVISION 1 SECTION 01300 — COORDINATION AND PROJECT MEETINGS PART 1 - GENERAL 1.01 General A. In order to provide for an orderly progression of work, all parties involved in the construction will meet at various times during the project to discuss pertinent items regarding the work. B. Coordinate operations under contract in a manner that will facilitate progress of the Work. C. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations that affect the service of such utilities, agencies, or public safety. 1.02 Conferences A. The pre -construction conference will be held at a time to be determined by the Owner, after the awarding of the Contract and prior to the issuance of the Notice to Proceed. The meeting will involve the Owner, the Engineer, the Contractor, subcontractors and representatives of utilities and other properties that will be directly affected by the work. The Contractor will have a complete construction schedule ready for review at the time of the pre -construction conference. B. Hold conferences for coordination of the Work when necessary. C. The City may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1.03 Progress Meetings A. Contractor and the City shall schedule and hold regular progress meetings at least weekly and at other times as requested by the City or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent 2. Owners Representative 3. Landscape Architect 4. Others as may be requested by contractor, Landscape Architect or Owner C. Minimum Agenda shall include: 1. Review of work progress since last meeting 2. Identification and discussion of problems affecting progress 3. Review of any pending change orders 4. Revisions of Construction Schedule as appropriate 1.04 Job Site Administration A. Contract administration and construction observation services will be provided by the Owner. The Owner will make decisions regarding changes in the work and adjustments in contract quantities and/or unit prices. END OF SECTION City of Fort Collins SECTION 01300 —COORDINATION AND PROJECT MEETINGS Park Planning & Development Division Page 1 of 1 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 City's acceptance of the Construction Schedule. E. Contractor shall prepare and submit a Critical Path Method (CPM) schedule. The schedule shall show all work completed within the contract time and shall cover the time from the date of Notice to Proceed to the completion date. Contractor shall use Microsoft Project 2000 or approved equivalent to develop and manage the CPM schedule. F. Schedule shall include milestones that demonstrate the Contractor's approach to completing the project within project time limits. Milestones shall be of sufficient number to indicate regular progress of work and shall identify major components of the work. Milestones are subject to Owner approval prior to work beginning at the site. If Contractor fails to meet a milestone, contractor shall submit an updated schedule subject to Owner approval and demonstrate how the remaining milestones will be met. The Owner may order work shut down or suspended for nonconformance with the approved schedule (See Paragraph G. below) G. Milestones (minimum required items) H. The Contractor may voluntarily shut down or suspend work due to conditions beyond his control provided a minimum of 24 hours notice is provided to the Owner together with the reasons for subject suspension of work. The Contractor shall leave the project conditions in such a way so as not to cause a public nuisance or a threat to public safety. Neither remobilization costs nor additional time will be allowed for such suspension unless agreed to in writing in advance. I. The Owner or Engineer may order work shut down or suspended for such nonconformance issues as unsafe conditions, nonconformance with schedule, cause of public nuisance, unnecessary private property disturbance, materials and labor unsuited to the task, nonconformance to technical specifications, failure to comply with permits, etc. The Owner or Engineer will give a written warning to the Contractor with a specified deadline during which time the Contractor shall remedy the cause(s) described on the warning. Failure to do so shall justify the Owner or Engineer to order work shutdown 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 SECTION 01310 — CONSTRUCTION SCHEDULES Park Planning & Development Division Page 2 of 4 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. To any preference, priority, or allocation order duly issued by the Owner. 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 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 SECTION 01310 — CONSTRUCTION SCHEDULES Park Planning & Development Division Page 4 of 4 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. Rev 10/20/07 Section 00100 Page 5 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 Owner will retain one and will return the other marked with action taken and corrections or modifications required. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. Show distribution on transmittal forms. a. Do not proceed with installation until a copy of Product Data is in the Installer's possession. b. Do not permit use of unmarked copies of Product Data in connection with construction. 1.03 Samples A. Submit full-size, full -fabricated Samples cured and finished as specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern. 1. Mount or display Samples in the manner to facilitate review of qualities indicated. Include the following: a. Specification Section number and reference. b. Generic description of the Sample. c. Sample source. d. Product name or name of the manufacturer. e. Compliance with recognized standards. f. Availability and delivery time. 2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples for a final check of these characteristics with other elements and a comparison of these characteristics between the final submittal and the actual component as delivered and installed. a. Where variation in color, pattern, or other characteristic is inherent in the material or product represented, submit at least 3 multiple units that show approximate limits of the variations. b. Refer to other Specification Sections for requirements for Samples that illustrate workmanship, fabrication techniques, details of assembly, connections, operation, and similar construction characteristics. c. Refer to other Sections for Samples to be returned to the Contractor for incorporation in the Work. Such Samples must be undamaged at time of use. On the transmittal, indicated special requests regarding disposition of Sample submittals. d. Samples not incorporated into the Work, or otherwise designated as the Owner's property, are the property of the Contractor and shall be removed from the site prior to Substantial Completion. 3. Preliminary Submittals: Submit a full set of choices where Samples are submitted for selection of color, pattern, texture, or similar characteristics from a range of standard choices. The Owner will review and return preliminary submittals with the Owner's notation, indicating selection and other action. 4. Submittals: Except for Samples illustrating assembly details, workmanship, fabrication techniques, connections, operation, and similar characteristics, submit 3 sets. The Owner will return one set marked with the action taken. 5. Maintain sets of Samples, as returned, at the Project Site, for quality comparisons throughout the course of construction. a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. b. Sample sets may be used to obtain final acceptance of the construction associated with each set. City of Fort Collins SECTION 01330 — SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Park Planning & Development Division Page 2 of 3 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 DIVISION I. 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 SECTION 01340 —SURVEY DATA Park Planning & Development Division Page 1 of 1 DIVISION 1 SECTION 01450 - QUALITY CONTROL AND TESTING PART 1 - GENERAL 1.01 General A. Provide such equipment and facilities as the City may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product that becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the OWNER. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM), and the American Association of Highway and Transportation Officials (AASHTO). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.02 City's Responsibilities A. City of Fort Collins shall be responsible for and shall pay all costs in connection with the following testing: 1. Soils compaction tests. 2. Trench & Structural backfill. 3. Pipe and structural bedding. 4. Tests not called for by the Specifications of materials delivered to the site. 5. Concrete, mortar and grout tests. 6. Pavement tests 1.03 Contractor's Responsibilities A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All re -testing for Work or materials found defective or unsatisfactory, including tests covered by 1.02 above. 3. Testing of pipe. 4. Vacuum testing of manholes. 5. Concrete materials and mix designs. 6. Asphalt materials and mix designs 7. Gradation tests for embedment, fill and backfill materials. City of Fort Collins SECTION 01450 — QUALITY CONTROL AND TESTING Park Planning & Development Division Page 1 of 2 8. Material Substitution - any test for basic material or fabrication of equipment offered as a substitution for a specified item on which a test may be required in order to prove it compliant with the specifications. Nothing contained herein is intended to imply that the Contractor does not have the right to have tests performed on any material at any time for his/her own information and job control so long as the Owner does not assume responsibility for the cost or for giving them consideration when appraising quality materials. 1.04 Transmittal of Test Reports A. Submit 2 copies of each report of tests and engineering data furnished by the Contractor for City Representative's review. The Owner's Representative will retain one and will return the other marked with action taken and corrections or modifications required. B. The testing laboratory retained by the OWNER will furnish three (3) copies of a written report of each test performed by laboratory personnel in the field or laboratory. Two (2) copies of each test report will be transmitted to the City Representative and one (1) copy to the Contractor within seven (7) days after each test is completed. 1.05 Contractor's Quality Control System . A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the City. Contractor's control system shall specifically include all testing required by the various sections of the Specifications. B. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. C. Records: maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the City and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to City in a reasonable time. D. Pipe alignment and grade is to be maintained through the use of suitable surveying instruments or laser equipment operated continuously during construction. Horizontal tolerances of+ 0.3 feet and vertical tolerances of + 0.1 feet maximum deviation from plan and construction staking are to be maintained, except that visible "snaking" of the horizontal alignment and changes in directions of slope will not be permitted. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01450 — QUALITY CONTROL AND TESTING Park Planning & Development Division 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 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. 1. Notify police, sheriff, ambulance services, and fire authorities of traffic control plan and the schedule of it. Distribute copies if requested. City of Fort Collins SECTION 01570 - TRAFFIC CONTROL Park Planning & Development Division Page 1 of 2 1.03 Flaggers A. Required where necessary to provide for public safety, or the regulation of traffic, or by jurisdictional authorities. B. Shall be properly equipped and licensed. 1.04 Warning Signs and Lights A. Provide suitable barricades and warning signs for: 1. Open trenches and other excavations. 2. Obstructions, such as material piles, equipment, piled embankment. B. Illuminate by means of warning lights all barricades and obstructions from sunset to sunrise. C. Protect roads and driveways by effective barricades on which are placed acceptable warning signs. 1.05 Parking A. Provide suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project so as to avoid interference with private property, public traffic, City's operations, or construction activities. Such parking shall occur on the project site or another suitable location, approved by the City. 1.06 Roadway Usage between Operations A. At all times when Work is not actually in progress, Contractor shall make passable and shall open to traffic such portions of the Project and temporary roadways or portions thereof as may be agreed upon between Contractor and City and all authorities having jurisdiction over any properties involved. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01570 - TRAFFIC CONTROL Park Planning & Development Division Page 2 of 2 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 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. 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 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 SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 2 of 3 the Contract Document provisions concerning "substitutions" or obtain approval for use of an unnamed product. 3. Nonproprietary Specification Requirements: When Specifications list products or manufacturers that are available and may be incorporated in the Work, but do not restrict the Contractor to use these products only, the Contractor may propose any available product that complies with Contract requirements. Comply with Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. 4. Descriptive Specification Requirements: Where Specifications describe a product or name, provide a product or assembly that provides the characteristics and otherwise complies with Contract requirements. 5. Compliance with Standards, Codes, and Regulations: Where Specifications only require compliance with an imposed code, standard, or regulation, select a product that complies with the standards, codes, or regulations specified. 6. Visual Matching: Where Specifications require matching an established Sample, the Owner's decision will be final on whether a proposed product matches satisfactorily. 7. Visual Selection: Where specified product requirements include the phrase "... as selected from manufacturer's standard colors, patterns, textures..." or a similar phrase, select a product and manufacturer that complies with other specified requirements. The Owner will select the color, pattern, and texture from the product line selected. PART 3 - EXECUTION 3.01 Installation of Products A. Comply with manufacturer's instructions and recommendations for installation of products in the applications indicated. Anchor each product securely in place, accurately located and aligned with other Work. END OF SECTION City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 3 of 3 DIVISION 1 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 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 fmal 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: Position: Date: C. Record Specifications: Maintain one complete copy of the Project Manual, including addenda. Include with the Project Manual one copy of other written construction documents, such as Change Orders and modifications issued in printed form during construction. 1. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. 2. Give particular attention to substitutions and selection of options and information on concealed construction that cannot otherwise be readily discerned later by direct observation. 3. Note related record drawing information and Product Data. 4. Upon completion of the Work, submit record Specifications to the Owner. D. Record Product Data: Maintain one copy of each Product Data submittal. Note related Change Orders and markup of record drawings and Specifications. 1. Mark these documents to show significant variations in actual Work performed in comparison with information submitted. Include variations in products delivered to the site and from the manufacturer's installation instructions and recommendations. ' 2. Give particular attention to concealed products and portions of the Work that cannot otherwise be readily discerned later by direct observation. 3. Upon completion of markup, submit complete set of record Product Data to the Owner. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of Work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order. Identify City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 3 of 5 miscellaneous records properly and bind or file, ready for continued use and reference. Submit to the Owner. F. Maintenance Manuals: Organize operation and maintenance data into suitable sets of manageable size. Bind properly indexed data in individual, heavy-duty, 2-inch (51-mm), 3-ring, vinyl -covered binders, with pocket folders for folded sheet information. Mark appropriate identification on front and spine of each binder. Include the following types of information: 1. Emergency instructions. 2. Spare parts list. 3. Copies of warranties. 4. Wiring diagrams. 5. Recommended "turn -around" cycles. 6. Inspection procedures. 7. Shop Drawings and Product Data. 8. Fixture lamping schedule. 1.07 Warranties and Bonds A. Provide duplicate notarized copies. Maintain copies of all Contractor's submittals and assemble documents executed by subcontractors, suppliers, and manufacturers. Provide table of contents and assemble in binder with durable plastic cover. B. Submit material prior to final application for payment. For items of Work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.08 Final Payment A. At the end of maintenance period, submit written certification that Contract Documents Work has been reviewed and that Work is complete in accordance with Contract Documents and ready for Owner Representative's review. B. In addition to submittals required by the conditions of the Contract provide submittals required by governing authorities, and submit a final statement of accounting giving total adjusted Contract Sum, previous payments and sum remaining due. C. Owner's Representative will issue a final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order. D. Retainage will be held until advertisement for liens and encumbrances is completed. PART 2 — PRODUCTS (Not Applicable) PART 3 — EXECUTION 3.01 Closeout Procedures A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular maintenance to meet with the Owner's personnel to provide instruction in proper operation and maintenance. Provide instruction by manufacturer's representatives if installers are not experienced in operation and maintenance procedures. Include a detailed review of the following items: 1. Maintenance manuals. 2. Record documents. 3. Spare parts and materials. 4. Tools. 5. Lubricants. 6. Fuels. 7. Identification systems. 8. Control sequences. 9. Hazards. City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 4 of 5 ,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. 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 %2" from seed preparation areas. 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 Section 01800 - Definition of Bid Items Park Planning & Development Division Page 2 of 2 DIVISION 2 - - - SECTION 02050 - DEMOLITION PART 1 - GENERAL 1.01 Description of Work A. Demolition or salvage and removal of boulders (if found) for re -use in landscape; and remove fencing, other plant material, and debris or other items on the site necessary for the construction of the project. 1.02 Quality Assurance A. Standards listed hereunder and referenced elsewhere in these specifications shall become a part of 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 Section 02050 - Demolition Park Planning & Development Division Page 1 of 1 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 DIVISION 2 SECTION 02100 - MOBILIZATION PART 1 - GENERAL 1.01 Work Included A. Prepare the site for construction. B. Move in and move out personnel and equipment. C. Set up and remove temporary offices, buildings, facilities and utilities. 1.02 Site Conditions A. The City has provided the right-of-way, easement or project site for all permanent access or permanent construction for the project. Any additional access, access right-of-way, construction areas, or additional needed land which may be involved in the construction of this project shall be the responsibility of the Contractor. B. The land owned by the City may be used as site headquarters, storage yard, or base of operations provided that the use of said land meets with all of the requirements and restrictions imposed by the City at the time of usage. 1.03 Site Preparation for Contractor Occupancy A. The Contractor shall provide all temporary facilities as required for performing the work. The Contractor shall secure and maintain proper storage areas for equipment and materials in locations she/he may deem necessary for the proper execution of the job as approved by the City Representative. No storage yard or project headquarters site may be utilized in conflict with objections from the adjacent property owners unless the Contractor obtains from the City specific written permission for such objectionable use. No objectionable material will be allowed to blow from, wash off or drain off of any storage yard on to adjacent property. B. The Contractor shall maintain all storage yards in as neat and orderly a manner as possible, allowing no accumulation of waste materials or disposal piles. The Contractor may construct a temporary security fence for the protection of materials, tools, and equipment. The fence shall be maintained during the construction period. Upon completion of work, the security fence shall be removed from the site. The Contractor shall provide adequate parking facilities within the designated area for personnel working on the project. C. The Contractor shall obtain the necessary permits for connection to necessary services provided by utility companies serving the project area. D. Materials, equipment, and work required for temporary storm water management during the construction period shall be provided by the Contractor as required to ensure public safety and to protect the work in progress and materials stored on site. 1.04 Damage or Use -Fee Claims A. Any damage or use -fee claims filed against the Contractor may become a part of the final settlement of this project and may be cause for delay of final acceptance or delay of final payment. City of Fort Collins Section 02100 — Mobilization Park Planning and Development Division Page 1 of 2 PART 2 - NOT USED 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. 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 IJI:4WMuTTA01VI1�y 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 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 Park Planning & Development Division Section 02200 — Earthwork and Grading Page 3 of 5 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 % 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 Section 02200 — Earthwork and Grading Park Planning & Development Division 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 Section 02221 — Trenching, Backfilling and Compacting Park Planning & Development Division 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 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. Reinforcement. E. Surface finish. F. Construction, expansion and control joints. G. Curing. H. Concrete trail Work Not Included A. Items of work specifically excluded or covered under other sections: B. Excavation and backfill. C. Earthwork and grading. D. Cast -in -place structural concrete or precast concrete, such as foundations, drainage appurtenances, and pad and building. E. Joint sealers. Related Work A. Division 2 — Site Work: a. Section 02050 — Demolition. b. Section 02200 — Earthwork/Grading. c. Section 02221 — Trenching, Backfilling, and Compaction. References A. ACI 301 — Specifications for Structural Concrete for Buildings. B. ASTM C33 — Concrete Aggregate. C. ASTM 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 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 I. ACI 308 — Standard Practice for Curing Concrete. J. ACI 309 — Recommended Practice for Consolidation of Concrete. Regulatory Requirements: A. Conform to applicable code of governing authority for paving work within public right-of-way. Tests: A. Submit proposed mix design to testing laboratory for review prior to commencement of work. For standard premix concrete mixes, the supplier's quality control records may be substituted for job mix testing. B. Provide licensed Surveyor to test forms in the floodway for accuracy prior to concrete pours. C. Concrete Testing Service: Owner will engage a testing laboratory to perform materials evaluation, testing and design of concrete mixes. All testing costs will be 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. C. Submit manufacturer's data on leave -in -place construction joint form Test Panels: A. Provide a Y x Y 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 1/11, 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 1/4-Inch Nominal Maximum Size '/ Inch 3/8 Inch No. 4 City of Fort Collins Park Planning & Development Division 90 — 100 60-80 40 — 60 SECTION 02750 — Portland Cement Concrete Paving Page 2 of 8 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 CR" by Forta Corporation of Groove City, PA. B. Dowels: ASTM A615; 40 or 60 ksi yield grade, plain steel, uncoated finish; matched sleeve and cap one end. Provide dowel basket to hold dowels in parallel alignment. 2.04 Admixtures: A. General: Unless specified in the mix or directed in Part 3, no admixtures shall be used without approval of the Owner's Representative. Do not use admixtures that would result in mixing water with a concentration of more than 150 ppm of chloride ion. B. Air Entraining: ASTM C260. C. Water Reducing: ASTM C494, Type A. D. Accelerator: Nonchloride, ASTM C494, Type C or E. E. Retarder: ASTM C494, Type B or D. F. Color Agent: Yosemite Brown, Davis Colors of Los Angeles, California. 2.05 Related Materials: A. Expansion Joint Filler: ASTM D1752, closed cell polyethylene, %2 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 a. Compressive Strength at 28 days b. Minimum Cement c. Maximum Aggregate Size d. Fibrous Reinforcement e. Air Entrainment f. Maximum Water/Cement Ratio g. Coloring Agent h. Maximum Slump Measurement 4,000 psi 564 lb. / Cy 1 % inches 3/ lb. /CY 4% to 6% 0.46 per manufacturer's recommendations 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 3013.9. 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 I . Forms in the floodway shall be surveyed by a licensed Surveyor for conformation with existing grade elevation prior to concrete pour. This is a responsibility of the Contractor. B. Preparation of Form Surfaces: 1. Clean reused forms of concrete matrix residue; repair and patch as required returning forms to acceptable surface condition. 2. Coat contact surfaces of forms with specified form -coating compound before reinforcement is placed. Apply form -coating compound according to manufacturer's instructions. Do not allow excess form -coating material to accumulate in forms or to come in contact with concrete surfaces against which fresh concrete will be placed. D. For Surfaces Exposed To View: Form faces shall be free from raised grain, tears, worn edges, patches, dents, or other defects which would impair texture of the concrete surfaces. Minimize number of seams in form material, and arrange seams in an orderly manner. 3.03 Reinforcement and Embedments: A. Fibrous Reinforcement: 1. Add fibrous concrete reinforcement to concrete materials at the time concrete is batched in amounts in accordance with approved submittals for each type of concrete required. 2. Mix batched concrete in accordance with manufacturer's recommendations for uniform and complete dispersion. 3.04 Joints: A. General: Place joints in accordance with ACI 301. Conform to the tolerances listed later in Part 3. B. Isolation/Expansion Joints: Isolation joint and expansion joint are synonymous for concrete paving. 1. Place isolation joints where work abuts existing walls, curbs and structures, and where shown on the drawings. 2. Interrupt reinforcement at isolation joint. Install dowels only where indicated on drawings. 3. Joint filler shall extend full depth of the slab. Hold back filler from top of slab as required for sealant. Attach joint filler to first placement. 4. Seal all expansion joints per Section 07900. C. Keyed/Construction Joints: Keyed joint and construction joint are synonymous for concrete paving. 1. Reinforcement, if required, shall continue through the joint. 2. Install where indicated on drawings, or where required by concrete delivery or finishing rate. 3. Key first placement. Key shall be 1% inches wide and 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 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: Tyne 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 '/4 inch in height. 2. Surfaces Exposed to View: Patch tie holes and defects. Completely remove fins. Schedule of Finishes: 1. Sidewalk — heavy broom finish. 3.07 Curing/Sealing: A. Apply curing compound within 30 minutes of completing finish. Follow manufacturer's recommendations for applying compound. Reapply in areas exposed to rain within 3 hours of initial application. Maintain continuity of coating and repair damage during 7-day curing period. Follow manufacturer's instructions for sealing interior slabs. 3.08 Tolerances: A. Surface Planeness: Unless otherwise specified, produce slabs with a Class B tolerance. 1. Finishes with Class B tolerances shall be true planes within % inch in 10 feet, as determined by a 10-foot straight edge placed anywhere on the slab in any direction. B. Formed Surfaces, Joints, and Embedments: Unless otherwise specified, the finished work shall meet the following tolerances: 1. Variations of formed, or cut or tooled linear element: a. In 20 feet: %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 AC1 301, Chapter 16 — Testing, except as noted or modified in this section. a. Strength test. i. Mold and cure four cylinders from each sample. ii. Test one at 7 days and one at 14 days for information and one at 28 days for acceptance. Keep the remaining one as a spare to be tested as directed by the Owner. b. Minimum samples. i. Collect the following minimum samples for each 28-day strength concrete used in the work for each day's placing: City of Fort Collins SECTION 02750 — Portland Cement Concrete Paving Park Planning & Development Division Page 7 of 8 Quantity Number of Samples 50 cubic yards or less one 50 to 100 cubic yards two 100 cubic yards or more two plus one sample for each 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 PART 1 - GENERAL 1.01 Description of Work A. The work covered by this specification includes the furnishing of all materials and application of fertilizer, seed and mulch to areas defined in the plans or required by field condition. The work shall be completed in accordance with these specifications, accepted horticultural practice, and with the plans. 1.02 Related Work A. See appropriate sections for site work needed prior to work required in this section. Obtain approval from the Engineer prior to starting work required in this section. 1.03 Submittals A. Submit manufacturer's specifications and literature on all products. B. Submit materials list including quantities and description of materials. 1.04 Quality Assurance A. Source Quality Control: Manufacturer's test for purity and germination of seed, dated within six months of seeding. B. Certificates: Manufacturer's certification that fertilizer meets specification requirements. PART 2 - MATERIALS 2.01 Grass Seed A. Grass seed shall be of the latest crop available. Seed shall meet Colorado Department of Agriculture Seed Laws, Chapter 35, Article 27. B. The seeding mixture shall be applied at a pure live seed (PLS) rate per acre AS SHOWN ON 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. 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. I 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 Ibs/ 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) Percent available by weight Nitrogen 18 Phosphorus 46 Potassium 0 Application rate of 250 lbs per acre -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 Section 02900 — Site Revegetation Park Planning & Development Division Page 3 of 3 SECTION 00300 BID FORM APPENDIX •.t •,,�� ,..• � t \� �'' .j, ' ?--OAR � � �S r ,� `%" �. Trail Closed 'N I KINGFISHER POINT NATURAL AREA -^' ..-.-•_`. '*..... t �-__:...:.. '. r' � ' ,.� HER• NIX NATURAL' AREA ! t uYUj Trail Closed•' CATT US NA1�A E Legend _ j r`' CC ii - Trail Closed i — Saoarm and Wtchaa, } 7 .. �'�.• �"��� r I � , WouAh F•ana IAfea c^' E P1tpSREGT-'RD K `YI � E P . NaYurd nieea •i S '+ �. I r_ Z� �' '. ~` abaMaloni THEs'GOTERak IE _ — Parcd Addrntiaes � F-- �.�.._.U� ..- _ .. 'a � - Unw OTTO y� )6ty ume 4f - 'f I I M/Op' v�� O , p Trail detour sign POUDRE TRAIL REHABILITATION. By. A_ 1 JUNCTION — TRAIL DETOUR MAP KINGFISHER POLNT NATURAL "AREA { y I d `RIVER ENb. RO CATTAIL,C Trail Pro'ect , Construction Access I i I Crossing w/ Culvert h 1 Legend -«wismdLaaa —mamma and Md. a Comedlne uEda - - -- _ _ _ EPROSPECTRD CiRvks • —.Or SirldFitaloro �/Yinaratlans. I .0qty .. U ib POUDRE TRAIL REHABILITATION; A-2 JUNCTION — ACCESS ROUTE MAP POUDRE TRAIL REHABILITATION A-3 I ELC - TRAIL DETOUR MAP ��. c+enom ey. ;art Collins 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 SITE VICINITY MAP SCALE: NTS BENCHMARK: CITY OF FORT COLLINS BENCHMARK 29-0 I. 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 COLONS BENCHMARK 5101. WESTSIDEOF TIMBERLINEROAD AT THE NORTH END OF A BRIDGE OVER THE POUDRE RIVER ON TOP OF THE PARAPET WALL APPROXIMATELY 0.2 MILES SOUTH OF THE SOUTH SIDE OF WEST MULBERRY STREET, ELEVATION = 492375 INDEX OF SHEETS SHEET NO. DESCRIPTION OF SHEETS 1................................—ER.... 2.4................................ TRAIL. PUN 6 P-1- 5.6................................ TRAM CRD9S'.fECTIDNS ................................ C01-01 -A ­ LEGEND O OWNER / CONSTRUCTION SITE OPERATOR Crt OF FORT cow -I PARK PLANNING AND DEVELOPMENT 215 MABON STREET FORT OOwHS, COLORADO 80D22 PH.970.221.6616 CONTACT: CRAIC FOREMAN CALL UnUrr NonF¢AnoN UWMR v cocaxAoO 811 DaaW NNaa ' C. �IkMN��I N aw.wa�eFPu. �«a Ie uy.My •m.u,.Im. Da..w a.a. P• o•/iu 0ma CIS Of ,.Fort` Collins POUDRE TRAIL REHABILITATION AT POUORE TRAIL AND SPRING CREEK JUNCTION COVER SHEET a.. /oo/09 .I N/A I i i i , , � • a-.assl $ SCALE. I _ SPRI�EEK TRAIL r 910 .905 .900 8 R R g g 8 g 8 8 8 $ R 8 E.� 8 8 �• g $' b' S' 8• S' 1> � Irw1 �� CALL U`TY xCnnCA— CE- 0E CIXq+a00 811 ion/1av Dol. Fort Collins rro�1 xwM w ar..• POUDRE MABR TRAIL RElTATION AT POUDRE TRAIL AND SPRING CREEK JUNCTION TRAIL PLAN k PROFILE ooa 09/08/09 2 xw 1 u30 1 I 1 i 1 -----------1 -- 1905 4 2 2 4895 e*00 ---------------- a a R 8 s s R a a 8 R a 8 8 s R s 8 a R 8 8 e R a Rg 5' 41 E ire) wwc J asOs J E a900 .15 C— IM— ROi�R�Cn CC, RR a ca0 — 81, Notn woN�.. 001. City of Fort Collins POUORE TRAIL RENARIUTATIDN AT POUDRE TRAIL AND SPRING CREEK JUNCTION TRAIL PLAN k PROFILE mw O9/o8/O9 3 1910 1905 a;W M 8 8 88 8 8 A 4895 CILL UDUr; 10, cc—CONCoo� 811 1. City of Fort Collins POLIDIRE 'PAL REHABIUTAnoN AT PouDRE TRAIL AND SPRING CREEK JUNCTION TRAIL PLAN & PROFILE .30 0+35.00 902 4902 a900 ae9e a898 ae96 898 -20 -10 10 20 1+82.00 4— 1902 Q. 900 iox 898 4­ 1— -zo -10 o Io zo 4+14.00 902 o02 a900 900 lox a99e � — .eae aa96 1896 -20 -10 0 10 20 6+03.00 a902 a902 a9W a900 1.0s 489B — — a09 a89fi -20 -10 0 10 20 8+13.00 a902 4902 900 a900 Loz a89B aa99 89fi 896 -20 -10 0 10 20 0+77.00 4902 4902 900 _ 1900 aa99 898 a89fi a696 -20 -10 10 20 2+43.00 a902 a902 a900 900 1.oz a89B a99e a696 aa96 -20 -10 0 10 20 4+47.00 902 902 900 900 1.0; .e9e � ae9e a89fi e96 -20 -t0 0 10 20 6+37.00 1902 4902 a900 a9M I.OS 09B 098 a696 89fi -20 -10 0 10 20 8+76.00 a902 4902 a9. 4- 1 0% 4e9e a89fi a89fi -20 -10 0 10 20 1+20.00 4902 4902 4900 % a900 aa99 ae9e �96 e96 -20 -Io 0 10 20 3+04.00 a902 a902 a900 900 ox 4898 \ 898 aa96 4896 -20 -10 0 10 20 4+90.00 4902 002 a900 a900 1.Oz ae9e .e9a a89fi 4- -20 -10 0 10 20 7+02.00 a902 4902 a900 4900 I.Os aa99 89e 89fi a96 -zo -1a o 1D 20 9+43.00 4902 002 a900 a900 I.ox 998 / a89B a89fi 4— -20 -10 0 10 20 1+52.00 a902 a902 4900 _Ox a900 a89e ae9B a89fi a89fi -20 -10 0 10 20 3+58.00 1902 4902 a900 a900 1.ox a899 a89B 4— a89fi -20 -ID D Io 20 5+40.00 4902 a902 a900 a900 1 ax 996 a89fi -20 -10 0 10 2D 7+62.00 4902 a902 a900 a900 1Os a89B 89fi a89fi -2o -10 o 10 20 9+93.00 4902 a902 000 a900 a89B � a89B 48% 89fi -20 -10 0 10 20 GMrd NAn �9•/Ka 091r City of Fort Collins POUORE TRAIL ^REHABILITATION AT POUDRE TRAIL AND SPRING CREEK JUNCTION CROSS SECTIONS w� /00/09 J5 -.09 1 10' 10+26.00 a%2 a902 a900 a900 I.ox — 4898 B9B aB9fi a89fi -20 -10 0 ID 20 12+53.00 %2 4902 a900 I.O; a90D B9B 4— ,am4— ,am 1896 -20 -10 0 t0 20 14+52.00 a902 902 a900 a900 aB9B 4811 89B 8% -20 -10 0 10 20 16+78.00 a%2 ON %0 a898 B9B 89B B% -20 -10 0 t0 20 10+70.00 a%2 4902 a900 a900 aB9B a89fi a89fi -}0 -10 0 10 20 13+01.00 4902 .902 a900 1.0t a900 aB9B aB9B B9B aB9B -IO -10 0 10 20 15+03.00 a902 1102 0 4­ a900 a898 a89B 89B aB9B -xo -10 0 1D 20 17+09.00 4­ 1102 1.0 000 89B a89B 8% 4- -20 -10 0 10 20 11+41.00 a902 902 49. a%0 1.o>c 898 a8% 896 8% -20 -10 0 10 20 13+37.00 a902 4.2 / a900 a%0 690 a6% My -IO -10 0 10 20 aB% 15+59.00 a902 002 0 a900 a900 a89B a8% 1896 B% -20 -10 0 t0 20 17+28.00 4902 a902 a9. 49. a898 a69fi a89fi 8% -20 -10 0 10 30 12+00.00 4902 1902 a900 a900 aB9B — aB9B a096 a69fi -20 -10 10 20 14+02.00 a902 4902 a900 a900 aB9B aB9B -20 -10 0 10 20 aB9B 16+13.00 a902 002 1.Of 900 a900 a898 a89B a89B a89fi -20 -10 0 10 20 17+50.00 402 4902 a900 a900 I \ \ a89B a69fi a 69fi -20 -10 0 10 20 o•/�aa Data Ciof Fort Collins V nu•..1 a... ..a POUORE TRAIL RENARIWATION AT POUDRE TRAIL AND SPRING CREEK JUNCTION CROSS SECTIONS Raya1 09/08/09 6 eaa• 1-_10. PROJECT: SECTION 00300 BID FORM Place Date 1. In compliance with your Invitation to Bid dated 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through Rev10/20/07 Section 00300 Page 1 t SECTION D— TYPICAL SE —ON DETAIL 2' 2 2, ,Z�ENEG OF -EN 6 W.0 D. BE CF EF CNEC�10 a=D-"' . ENE I CF CNEEN I., — 1. E' ROCK CHECK DAM C�Cd= I CEN—it IE—.... CONCRETE TRAIL TYPICAL SECTION NOTTO—LE VTC Cn L- c 4L —Vill Zo— v —T— �T SIFT FENCE City of Fort Collins Zu'c;W TRAIL RENABIUTAnOM AT POUIDRE TRAIL AND SPRING CREEK JUNCTION CONSTRUCTION DETAILS t 09 o /05/09 7 EgwogE POUDRE TRAIL REHABILITATION AT THE ENVIRONMENTAL LEARNING CENTER LOCATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO AUGUST 2009 VICINITY MAP SCALR: NT5 BENCHMARK: CITY OF FORT COLLINS BENCHMARK 2901. LOCATED SOUTH OF PROSPECT ROAD EAST OF THE WEST 1.25 FRONTAGE ROAD. FOUND 2" ALUMINUM CAP ON A CONCRETE HEADWALL ELEVATION=4901.22 NGVD 1929 UNADJUSTED CITYOF FORT COLLINS BENCHMARK 5I0I. WESTSIDEOF TIM13ERLINEROAD AT THE NORTH END OF A BRIDGE OVER 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 SHEET NO. DESCRIPTION OP SHEETS 1................................ COY" Sma- 2.3................................ TRAILPLAN9PRO- 4................................ TRAIL CRG888¢CTONe 5................................ CON¢TRNCTION DET — LEGEND OWNER / CONSTRUCTION SITE OPERATOR Cm OF FORT COWNB PARK PLANNING ANO DMLOPMeNT 215 M— STR¢¢T FORT COWN9. COLOR—W522 PH.9T0.221.5518 CONTACT: Cl— FGRE.IAN CALL U—Y NORE¢AIII CENLER a caa+AGo 811 wR.n RR.. usa�. •sue +na M muu N iw. eq.+p w.eu.�w �u� wrrauv. ixx. M u��gp�i wa u. u ev.��.e..mawur . O.wgN un .iup r..a a µ.`me � N ..„ .....w.... o.... Dol. F�CCity of Collins POUDRE TRNL REHABILITATION AT ME ENVIRONMENTAL LFARNWO CENTER COVER SHEET EN/A Ig" I> I� Iw Is ---------- COUMYROAD9 � •may ____�-'� r'i ..ate fl I \� � I\` -�• ' \��� 1 �/ i ' /\` 1\\�\ i � a ay.. is Rs ♦, , P°UORE PNEF � EA G GRAVEL � PARKINGLOT 8 8 v f R 8 8 R 8 9 8 A �• E � y � S � � S• � 5; itlr `•bt .870 =.00 c— uL,T. NoTI„- — Ccxrca a Caona�oo oil ,.,Fort Collins oo POUDRE TRAIL RENARILITAnoN AT ME ENVIRONMENTAL LEARNING CENTER TRAIL PLAN k PRORLE a.. 08/25/09 2 I.e30. I 1 I; 1 h I 1 Iq � I I I I .8M 5+00 a999 Aoso k g g $ A $ 8 $ - R �TroI uw[ Ce UTwrr NO-CA— C_R a Caauoo 811 c.a.a N,... ion/ia. Dol. Fort Collins lo POOORE TRAIL REHABILITATION AT THE ENVIRONMENTAL LEARNING CENTER TRAIL PLAN k PROFILE E 3 0+10.00 m. .ea. .Be2 .eat 1 ax 4m0 Bm 4878 a)e -20 -10 o 10 20 2+05.00 4884 4884 4m2 \ \ 1.0 .882 mo 4BBo 4.1e .me -20 -lo0 to xo 3+85.00 4884 4- -2 BB2 1 x 4m0 .em 4878 4878 -2. -10 0 10 20 5+60.00 .m4 4- -2 4882 Lo aea .aeo B7e 4ma -z0 -10 0 to 20 7+6&00 4.1 .884 4m2 4882 eao 4Bao ma 078 -20 -10 0 t0 20 0+52.00 .m. -4 asz -2 I ox 4Bm / m0 4878 4878 -20 -10 o 10 20 2+56.00 aea -4 4882 Q82 4m0 .ma )e -m -10 10 2. 4+3&00 4884 4884 4.2 4.2 \ IOx 48m 4ma 4878 4878 -20 -lo l0 20 6+25.00 4m. 4884 4.2 4882 .Bea .eeo 4878 4878 -20 -10 0 10 z0 7+90.00 .ma 4884 4.2 4m2 .mo .aeo .me 4ma -20 -lo o to 20 1+02.00 m. 4.4 .mz 4aez amo em .1. .8]B -20 -10 0 10 20 2+98.00 am. .e84 amz 4882 I ox amo - - - 4am .e7e 4­ -20 10 o zo 4+58.00 4.4 m. 4.2 m2 \ IOx amo Bm 4878 .87. -za -la la zo 6+68.00 4m4 .BB4 4m2 4882 1.0 m0 / Q.0 4070 4878 -zo -la o la zo 1+43.00 48B. ee. Lo 802 4.2 8m .m0 a8)8 4878 -20 -10 0 10 20 3+38.00 4m4 4m4 48Bz .m2 1 x -- 4mo 4mo 4- 4878 -20 -100 10 20 5+12.00 .m4 4m4 .m2 mz 1.0 _ 8m 4m0 48]e 48]e -20 -1. 10 20 7+30.00 .m. 4m. -2 0 4m2 -0 amo -8 B]8 -20 -10 0 10 20 cwa wN. .an/Is. Oeb FCity of lirt Collins POUDRE TRAIL REHABILITATION AT THE ENVIRONMENTAL LEARNING CENTER CROSS SECTIONS o-� 08/25/09 4 5 COxCNE21xuL TuOK 6' *0 ALLO VEat xStuµ R YCTCN xEEvmIG E NEw iRul wwE�u:.� .rowi onw�iE. w.uL .xo arvosi a�.rEx�... xorEs rs coxcxtrz wm nazwEsx o�LLma�ioars: � ro a:xrzw "caa E ELL"e g �.". — wAnx ro a „x Aw.. Exow muL LesEow°s u.". wxLE BR — CONCRETE TRAIL TYPICAL SECTION r(r<w)C-1 ro=r tVNIE W ETtx WATTLE DETAIL W1 �o,To�,,LF ^7O•i YYY Y — - w�. Fort Collins _—� POUORE TRAIL REHABILITATION AT THE ENVIRONMENTAL LEARNING CENTER CONSTRUCTION DETAILS aw 08�iS,D9 5 x N/A 8. BID SCHEDULE (Base Bid) Project: Poudre Trail Rehabilitation: Junction and ELC BID SCHEDULE (BASE BID) Bid items are described in Section 01800 BID ESTIMATED UNIT ITEM ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL Junction Sectlon:` - 1 Mobilization 1.00 LS 2 Traffic Control 1.00 LS 3 Surveying 1.00 LS 4 Erosion Control 1.00 LS 5 Demolition 16,295.00 SF 6 Colored Concrete Paving - 5' Thick 17,510.00 SF 7 Landscape Restoration 7,004.00 SF 8 Hydro Seeding 7,004.00 SF 9 Temporary Construction Access Crossing 1.00 LS ', ELC Section'. rY „ 10 Mobilization 1.00 LS 11 Traffic Control 1.00 LS 12 Surveying 1.00 LS 13 Erosion Control 1.00 LS 14 Demolition 7,910.00 SF 15 Colored Concrete Paving - 5" Thick 8,010.00 SF 16 Landscape Restoration 3,164.00 SF 17 Hydro Seeding 3,164.00 SF TOTAL OF BASE BID (Total Base Bid Written) Rev10720707 Section 00300 Page 2 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: CONTRACTOR BY: Signature Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Email Date Rev10/20/07 Section 00300 Page 3 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Rev 10/20/07 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 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. Rev10/20/07 Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20_, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name• Address: By: Title: ATTEST: By: (SEAL) By: Title: SURETY (SEAL) Rev10/20/07 Section 00410 Page 2 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 9. Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. Rev 10/20/07 Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? class, license and numbers? 19. Do you anticipate subcontracting Work under Contract? If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time?_ IF yes, DETAIL Rev10/20/07 Section 00420 Page 2 What this 21. What are the limits of your public liability? DETAIL What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of , 20 . Name of Bidder By: Title: State of County of being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires Rev10/20/07 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 150 of the contract. ITEM SUBCONTRACTOR Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: TO: PROJECT: 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 20 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 Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by 20 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. By: City of Fort Collins OWNER James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management Section 00510 Page 1 F6rt of �Purc�hasi�ngg� Financial Services Purchasing Division 215 N. Mason St. 2"' Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Poud re Trai I Rehabilitation - Junction and ELS BID NO. 7076 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS October 6, 2009 — 3:00 P.M. (OUR CLOCK) SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7076 Poudre Trail Rehabilitation - Junction and ELS and is generally described in Section 01100. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Engineering, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete 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) CONTRACTOR 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 Substantial Complete. expires after the forty (40) calendar day period for Completion of the Work until the Work is Substantially 2) Final Acceptance: After Substantial for each calendar ten(10) calendar < the Work is ready ARTICLE 4. CONTRACT PRICE Completion, One Hundred Fifty Dollars ($150.00) day or fraction thereof that expires after the ay period for Final Payment and Acceptance until .or Final Payment and Acceptance. 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as.provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 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 950 of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions, or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter, into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations' that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. Section 00520 Page 3 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by.this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4Consent of Surety 7..2.5Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: APFE_lDU ,Sheet A40 l''n='= - Tr it Detzilr E:ION-ft Sheet A-2 Fmcbm- Tn0. Demir Ex.YI t Sheet A-3 ELL -T elDevarEVh:.�hdt S>3EDLLE OF'DR-UlTiG'S Shest 0 1wrtion - Cover Sheet, ; Vi m ty Map : ,l(s) 2 - 4 kmction - Tnil Flan. &w Pjahle Sheet(s) 5-6 junctim - C-TQSi 5 GM 5hee,# 5 unrt on Sheet, EZC - Gare u Sbeu & Vidairy.Mzrp .Shee, 2 - ELF -Trail Plan Pr fi 4 ELF-Gms.,=5erbcs Sheet(},) 5 l=LC - Deraib The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. Section 00520 Page 4 7.4. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 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 in the Contract Documents will be binding on another party hereto. without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. Section 00520 Page 5 OWNER: CITY OF FORT COLLINS CONTRACTOR: By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attest: City Clerk By: Title: Date: (CORPORATE SEAL) Attest: Address for giving notices: Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 LICENSE NO.: Approved as to Form Assistant City Attorney Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 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: By: Title: Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address ) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the _ day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,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. Rev10/20/07 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20 . IN PRESENCE OF: Principal (Corporate Seal) IN PRESENCE OF: (Title) (Address) Other Partners By: By: IN PRESENCE OF: Surety By: By: (Surety Seal) (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev10/20/07 Section 00610 Page 2 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -All - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address.) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the _ day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 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. Rev10/20/07 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of 20 IN PRESENCE OF: Principal (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) By: (Title) (Address) Other Partners Surety By: By: (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10/20/07 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Rev10/20/07 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: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 AUTHORIZED REPRESENTATIVE REMARKS: Rev10/20/07 Section 00635 Page 1 DATE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: You are hereby notified that on the day of Fort Collins, Colorado, has accepted for the City of Fort Collins project, 7076 ,Tnnrrti nn and F.T.S 20 , . 20_, the City of the Work completed by Poudre Trail Rehabilitation - A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated , 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: , 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: Rev10/20/07 Section 00640 Page 1 SECTION 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. Rev10/20107 Section 00650 Page 1 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) , 20 Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: Notary Public 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 indicatedabove, 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 ON 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 WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. count No. (to be assigned by DOR) E Period 0170-750 (999) $0.00 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 contractor agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and(2) contammg 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 (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Section 00670 Page 1 SECTION 00020 INVITATION TO BID Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS Is] aIItt ] 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 Comm ittec, WCDC INC. 1910-8 (1990 Edition), as a base, Changes to that document are shown by underlining text that hac been added and striking through teat that has been deleted. EJCDC GEN ERAI, CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL, CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS i IA Addenda.............................................1 1.2 Agreement.........................................1 1.3 Application for Payment...,, .................. 1. 1.4 Asbestos 1 1.5 Bid.....................................................I 1.6 Bidding Documents .............................1. 1.7 Bidding Requirements ,,,,,,,,,,,,,,,,,,,,,,,,,,1. 1.8 Bonds.................................................1 1.9 Change Order ... .................................I I.IQ Contract Documents ...............:.............. I 1.I1 Contract Price,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I 1.12 Contract Times ....:............_...... -,_..,_.,.I 1.13 CONTRACTOR 1 1.14 de'fi? L�............................................. 1.15 Drawings...................................I........1 1.16 Effective hate of the Agreement..,._..,. 1 1.17 ENGINEER I 1.18 ENGINEER's Consultant ......................� 1.1.9 Field Order,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 1.20 General Requirements .......................... 1.21 Hazardous Waste ................................. 2 1.22.a Laws and Regulations; Laws or Regulations 1.22.b Legal holidays,,,,,,,,,,,,,,,,,, ,,,,,„ 2 1.23 Liens 1.24 Milestone 2 1.25 Notice of Award .................................. 2 26 Notice to Procced2 1.27 OWNER.............................................:2 1.28 Partial Utilization,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2 1.29 PCBs 2 1.30 Petroleum 2 1.31 Project ...... ......................... ....... ........... 1.32a Radioactive Ndaterial ............................I 1.32.b Regular Working Hours 2 1.33 Resident Project Representative 1.34 ...... Samples,,,,.,,, ,._...2 1.35 Shop Drawings .................. ......:........... 2 1.36 Specifications ? 1.37 Subcontractor ...................................... 2 1.38 Substantial Completion,,,,,,,,,,,,,,,,,,,,, 1.39 Supplementary Conditions,.._.,.._...,,_,. 1.40 Supplier....... ......................................... 2 1.41 Underground Facilities .....................1-3 1.42 Unit PriceWork ..................................3 1.43 Work:....:...........................................:3 1.44 Work Change Directive ..... ......... ......... 3 1.45 Written Amendment Page Number 2. PRELRNMNARY !(-RATTERS 3 2.1 Delivery of Bonds.... I ....................... 3 22 Copies of DocumcnL .........................3 2-3 Commencement of Contract Times; Notice to Proceed ........... 2.4 Starting theWork... 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 4 19 Initially Acceptable Schedules.,,,- ....4 3. CONTRACT DOCUMENTS: INTENT, ANWN'DING, REUSE...........................................4 3.1-3.2 Intent......._ .............. d 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain 'Germs or Adjectives ..................................... 5 3.5 Amending Contract Docunents......... 5 3.6 Supplementing Contract Documents 5 3.7 Reuse ofDoculnents .........................j 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS.........................................5 4.1 Availability of Lands ..... ................ 5-6 4.2 Subsurface and Physical Conditions ........ ...... .....---- .---- ........ 6 4.2.1 Reports and Drawings .......................6i 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data............................................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,,,,,, G 4.2.4 ENGINF.ER's Review ........................ 6 4.2.3 Possible Contract Document. - Change.........................................6 4.2.6 Possible Price and Times Adjustments ...............................G-7 43 Physical Conditions --Underground Facilities ....................................... 7 4.3.1 Shown or Indicated ..,,,.„.„,,...,„...„.,7 4.3.2 Not Shown or Indicated. .................... 7 4.4 Reference Points.., .......... ................. 7 EJCDC- GENERAL CONDtr10NS 1910.8 (1990 t:1>rnoN) w! CITY OF FORT COLONS MODIFICATIONS (RF.V 9/99) Article or Paragraph Page. Article or Paragraph Page Number & Title Num her Number & Titic Number 4.5 Asbestos, PCBs, Petroleum, Hazardous 1Vaste or Radioactive Nlaterial 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 Property Insurance ............... ........... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance..................10 5.8 Notice of CancellationPrOVsion 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts.................... 10 5:10 Other Special Insurance' to 5.11 Waiver of Rights I I 5.12-5.13 Receipt and Application of Insurance Proceeds ...................... 10-11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace....................1 l 5.15 Partial Utilization --Property Insurance.............:..........................11 6. CONTRACTOR'S RESPONSIBILITIES 11 6.1-6.2 Supervision and Superintendence ....... 11 6.3-6.5 Labor, Materials and Equipment,_. 11-12 6.6 Progress Schedule_ ..... ................. .... 12 6.7 Substitutes and "Or -Equal" Items; 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-I5 6.16 'Use of Premises ................................ 15 6.17 Site Cleanliness ................................ IS 6.18 Safe Structural Loading.....................15 6.19 Record Documents.-..._......................15 6.20 Safety and Protection ......... ...... _.... 15-16 6.21 Safety Representative....,_..................16 6.22 Hazard Communication Programs,..,., 16 6.23 Emergencies....... ........ ..................... 16 6.24 Shop Drawings and Samples .............. 16 6.25 Submittal Proceedures; CON- 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 ENGfNEER's Review and Approval of Required Submittals..............:....................17 6.29 Continuing the Work,,,,,,,,,,,,,,, l7 6.30 CONTRACTOR's General Warranty and Guarantee .... ,........ -_17 6.31-6.33 Indemnification.......................... 17-18 6.34 Survival of Obligations ................... IS 7. OTI(ER WORK.................................................18 7.1-7.3 Related Work at Site. . ...................... 18 7.4 Coordination........................18 S. OWNER'S RESPONSIBH..ITIF.S ..........................1 S 8-1 Communications to CON- TRACTOR IS 8.2 Replacement of EINGIIvEER...........IS 8.3 Furnish Data andPay Promptly WhenDue..................................18 8.4 Lands and Easements; Reports and'rests-__._._....................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 CONTRAC'I'OR's Services ...................................19 8.9 Limitations on OWNER'S Responsibilities . ... ........... *............19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 19 8. I 1 Evidence of Financul Arrangements ....,.... I...................19 9. ENGINEER'S STATUS DURING CONSTRUCTION............:................................19 9,I OWNER's Representative ............... 19 9.2 Visits to Site..................................19 9.3 Project Representative. ................ 19-21 9.4 Clarifications and Interpre- tations.........................................21 9.5 Authorized Variations in 11brk........21 E1CDC UTNEF-AL CONDITIONS 1910 •S (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATI6NS (RF,V 9/99) Article or Paragraph Page Article or Paragraph Page Number&'title Number Number: -"title Number 9.6 Rejecting Defective Work ............ ......'1 13.8-13.9 Uncovering XVorkatLNGI- 9.7-9.9 Shop Drawings, Change Orders NEERs Request .....................27-28 and Payments.....................................21 13.10 OWNER Ma} Stop the. Work...........28 9.10 Determinations for Unit Prices 21-22 1111 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ...........................28 NEER as Initial Interpreter,,,,,,.....,„22 13.12 Correction Period ...........................28 9.13 Limitations on ENGINEERS 13.13. Acceptance ofDefeclive Work ..........28 Authority and Responsibilities.,,. 22-23 13.14 OWNER May Correct Defective Work ..................................... 2 8 -2 9 CHANGES I T THE WORK...:..:........_.,.....,.....,.,,,,...23 IRl OWNER's Ordered Change................^3 14. PAYM} NI'S TO CONfRAC-I.OR AND 10.2 Claim for Adjustment ........................ 23 COMPLETION ........................ .......................... 9 103 Work Not Required by Contract 14.1 Schedule of Values ........................29 Documents...................................23 142 Application for Progress 10.4 Change Orders., .... ­­ ........ ­1 ......... 23 Payment ............. ............. 10.5 Notification of Surety ........ _. 23 14.3 CONfRACTOR's Warranty of Title 29 CHANGE OF CON'I'RACI' PRICE ............................ . . 23 14.4-14.7 Review of Applications for 1 Ll-1 L3 Contract Price; Claim for Progress Paymients„-„-„.......„ 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion......_ ,,_, 30 the Work. ................ ...... ........ 14.10 Partial Utilization, ......... ........ .... 3i1-31 11 A Cost of the Work ...........................2a 25 14.11 Final Inspection ........................... ..31 11.3 Exclusions to Cost of the Work ............ 25 14.12 Final Application for Payment,..,-,,,31 11.6 CONTRACTOR's Fee 25 14.13-14.14 Final Payment and Acceptance..., .,31 11.7 Cost Records.....................5-26 - 14.15 Waiver of Claims,,..„..,-,.„.,...,..31-32 11.8 Cash Allowances ................................ 26 11.9 Unit Price Work................................26 15. SUSPENSION OF WORK AND TERMINATION ..................:............................. 32 CI -I %.Ni GE OF CONTRACT TWIES.......................... . y6 15.1 OWNER May Suspend Work -,..-,,,,,32 12.1 Claim for Adjustment_.....................'6 15.2-15.4 OWNER May Terminate....___......_32 12.2 Time of the Essence ............:............. _6 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate,,,,,,,,,,,,,,,,, 32-33 Control 26-27 12.4 Delays Beyond OWWF.R's and 16. DISPUTE. RF.,SOLIMON.................................. 33 CONTRACTOR's Control ................. 27 TESTS AND INSPECTIONS; CORRECTION REMOVAL OR ACCEP.1.ANCE OF DEFEC77DE WORK 27 13.1 Notice of Defects...............................27 13:2 Access to the Work ..,_.,...,,.._,,,.,,......')7 13.3 Tests and Inspections; CONTRACTOR's Cooperation,-.......27 13.4 OWNER's Responsibilities: Independent Testing Laboratory .,,,,,27 13.5 CO\)'TRACTOR's Responsibilities...............................27 1:3.6-13.7 Covering Work Prior to Inspec- tion. Testing or Approval...............„?7 17, MISCELLANEOUS 33 17.1 GivingNotice ................ .:.............. 33 17.2 Computation of Times............_......33 17.3 Notice of Claim ........................... 33 ..... 17.4 Cumulative Remedies ...................... 33 17.5 Professional Fees and Court Costs Included .............-----.-_.._,-,33 17.6 Applicable State Laws ............... 33-34 Intentionally left blank.......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ..................... GC -AI 161-16.6 Arbitration (.(;-AI 16.7 Mediation GC-AI E1CDC: GE•NLRAL CONDITIONS 1910-8 (1990 EDITION) te/ G1TY OF FORT COLUM MODIFICATIONS (REV 9199) INDEX TO GENERAL, CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and insurance 5.14 defective Work„.........................10.4.1, 13.5, 13.13 Final payment........................................9.12, 14.15 insurance 5.14 other Work, by CONTRACTOR ............._._,... 7.3 Substitutes and "Or -Equal" Items.....................6.7.1 Work by OWNER .... ................. .........:2.5, 6.30, 6.34 Access to the -- Lands, OWNER andCONTRACI'OR responsi bi li ties ............................................. 4.1 site, related Work_... ..................... .............. 7.2 Work, ..........................................13.2. 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR..,,..„...........................6.9.1, 9.13.3 ENGINEER ............................... ...6.20, 9.13.3 OWNER............_ ..................................... 6.20. 8.9 Addenda--definitionof(also see definition of Specifications) ....... (1.6. 1.10, 6.19), 1.1 Additional Property Insurances ................................ 5.7 Adjustm ents-- Contract Price or Contract Times., .......... ­­­ ... 11 .... 1.5, 3.5. 4.1. 4.3.2, 4.5.2. _ _......................... 4.5.3, 9.4, 9.5, 10.2-10.4, ................................. I., ..... 11, 12, 14.8, 15.1 progress schedule........._ .................................. 6.6 Agreement -- definition of ...................... .......... I ......... I ............ 1 2 "All -Risk" Insurance, policy form ......................... ._ i.6.2 Allowances, Cash....................................................11.8 Amendinc Contract Documents ................................ 3.5 Amendment, Written -- in general.................LM 1.45, 3.5, 5.10, 5.12, 6.6.2 .....................ti,8.2, 6.19, 10.1, 10.4, 11.2 .... 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ........................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment— definition of......................................................1.3 ENGINF.F.R's Responsibility .............................. 9.9 final payment,.. ........ _.... 9.I3A, 9.13.5, 14.12-14.15 in general.......... I...............2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment......................................14.1-14.7 review of................................................:.14.4-14.7 Arbitration ...................................................... 16.1-16.6 Asbestos -- claims pursuant thereto ... .............. ..._,,...4.5.2, 4.5.3 CONTRACTOR authorized to stop Work „..........5.2 definition of. Article or Paragraph Number OWNER responsibility for,..,.. I.......................4.5.1, 8.10 possible price and times change ........................4.5 2 Authorized Variations in Work..... ..... 3.6. 6.25. 6.27, 9.5 Availability of Lands ........................ : ................. 4.1, 8.4 Award, Notice of --defined, ........................ 11 ........... 11.25 Before Starting Construction...............................).5-2.8 Bid --definition of........................1.5 (1.1, 1.10, 2.3, 3.3, _.................. 4.2.6.4, 6.13, 11.4.3, 11,9.1) Bidding Docurents-definition of_............................_......,1.6(6.8.2) Bidding Requirements --definition of ............... I ...... I ................ ...1.7 (1.1, 4.2.6.2) Bonds -- acceptance of,..,. . .......................... ............... _.-S.14 additional Bonds..............„...,,,._,..,-.-.,,10.5, 11.4.5.9 Cost of the Work,. ...................... ................... 11.5.4 definition of .............................:.........................1.8 delivery of....................................................2.1, 5.1 Final Application for Payment.__.. .... ....... 14.12-14.14 general......................................1.10, 5.1-5.3, 5.13, 9.13. 10.5. 14.7.6 Performance, Payment and Other ....... ............ 5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form .........................5.6.2 Cancellation Provisions, Insurance_..__.; 5.4.11, 5.8. 5.15 Cash Allowaances ..................................................... 11.8 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection .................._9.13.4, 13.5, 14.12 Certificates of Insurance --- -......... 2.7, 5.3. 5.4,11, 5.4.13, ...................... .5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances, ................... .......................... 11.8 claim for price adjustment.............4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 .... _,._...--- .----- .5, 9.11, 10 2, 10.5, 11.2. 13.9. ........................13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR's fee .........................................11.6 Cost of the Work general... ................. ............................ 11.4-1 13 Exclusions to..............................................a 1.5 Cost Records..................................... ................ 11.7 in general .............. 1,19, 1.44, 9,11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety_ ....................... I ......... Scope of ................... ........... ........ ......... ...... 10.3-10.4 Testing and Inspection, Uncovering the Work .................................. 13.9 E1CDC GENERAL CONDITIONS 1910.5 (1990 EDITION) wl CITY OF FORT COM.M1 MODIFICATION'S (REV 9/99) Unit Price Work 11.9 Article or Paragraph Number Value of Work_ ....................... ........ ...... j 1.3 Change. in Contract `dimes -- Claim for times adjustment ......... 4.1, 4.2.6, 4.5, 5.15. 6.3.2. 9A. 9.5. 9.11. 10.2, 10.5. 12.1. ..............13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limitsI'2? Delays beyond CONTRACTOR's control................................................ _..... 122.3 Delays beyond OWNF.R's and CONTRAc`rows control ....................._.....12.4 Notification of surety.... ....................... ............ 110.5 Scope ofchange.......... ....................... .......10.3-16.4 Change Orders -- Acceptance ofDzfective Work..... ......... __ -------- 13.1.3 Amending Contract Documents .......................... 3.5 Cash Allowances............................................... 11.5 Change of Contract Price-- ......... ........ ....... Change of Contract Times,,,,,,,,,,,,,,,,,,,,,,,,,,, .12 Changes in theWork................................. ..... CONIRAcTOR's fee., ........... I ............. ............ 11.6 Cost of the Work ....................................... 11.4-11.7 Cost Records..........._.......................................11:7 definition of.......................................................1.9 emergencies.....................................................0.23 ENGINEERs responsibility......_ 9.9, 10.4, 11.21 12.1 execution of ...............................................:....... 1o.4 Indemnifictioq ....................... 6.12, 6.16, 6.31-6.33 Insurance; Bonds and ............... ..........10, 5.13, 10.5 OWNER may terminate .... ..................... ....15.2-15.4 OWNER'S Responsibility ............................ S.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, 6.5.2 Unit Price Work ............................................... l 1.9 value of Work, covered by .... I ............................ 113 Changes in the Work.... ........ .....................................10 Notification of surety 10.5 OWNER's and CONTRACTOR's responsibilities............................................10.4 Right to an adjustment......................................10.2 Scope of change.. . ........ ............................ 10.3-10.4 Claims -- against CONTRACTOR... .... ............... ............ 6.16 against ENGInMER......................................... 6.32 against OWNER. ........ ................... ......... _6.32 Change of Contract Price,, ........................A, 11.2 Change of Contract Times ........................9A, 12.1 CONTRACTOR's---------- _-.4, 7.1, 9.4, 9.5, 9.11, 10.2, ..........................11.2, 11.9, 12.1, 13.9, 14.S, 15.1. 15.5. 17.3 CONTRAGI'Ms Fee 11.6 r`Vticle or Paragraph Number CONTRACTOR's liability ,,,,,,,,.„5.4, 6,12, 6.16, 6.31 Cost of the Work ............... l 1.4, 11,5 Decisions on Disputes ................ ............... 9,11-, 9.12 Dispute Resolution,,,,,,,,,,,,,,,,,,,*........................ j6.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpreter .......................9.11 Lump Sum Pricing ......................................... 11.3.2 Notice of I T3 OWNFR's................... 9.4, 9.5, 9.11, 10?, 11.2, 11.9 ........................12.1. 13.9, 13.13. 13.14, 17.3 OIINER's liability.. I ... 11 .... I .... I ... - I - . ....... 1.1-1.....5.5 OWNER may refuse to make payment,,,,,..,.„14.7 Professional Fees and Court Costs Included ..... ......... ......................... ......... 17.5 request for formal decision on............................9.11 Substitute Items 6.T1-2 Time Extension., ..... .11 ... I ......................... I ......... 12.1 Time requirements....................................9.1 I, 12.1 Unit Price Work..........................._................11.9.3 Valueof...........................................................1,13 Waiver of --on Final Payment„..............14.14, 14,15 Work Change Directive .......................:............. 10.2 written notice required ......................9.11, 11.2. 12.1 Clarifications and Interpretations.,,,,,,,,_„ 3.6.3, 9.4, 9.11 CleanSite........................................................... 6.17 Codes of'rechnical Society, Organization or Association. . .................................................. 3.3.3 Commencement of ContractTimes.-....-.__ ...............?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....., ... I ............ 1.38, 14.5-14.9 Waiver of Claims............................................14.15 Computation of Times...............................1 T2.1-17.22 Concerning Subcontractors, Suppliers and Others.................................................6.M.I I Conferences -- initially acceptable schedules..... .... ..................... 2.9 prcconstructioli.................................................. 2: S Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report ..........................25, 3.3.2 Construction, before starting by 'CONfRAGI'OR............................................2.5 �.7 Construction Machinery, Equipment, etc,.,, .... .........6.4 Continuing the Work......................................6.29, 10.4 Contract Documents-- Amending........................................................... .5 Bonds..........I....................... 5.1 EJCDC GENERAL CONDITIONS 1910-3 (1990 EDITION) w! CITY OF FORT COLUNS MODIFICATIONS 1RF.V 9199) Cash Allowances 11.9 Article or Paragraph Number Change of Contract Pricq ....... ............. .............. 11 Change of Contract ................. 12 Changes in the Work ........ ....................... I U.4-10.5 check and verifv 2.5 Clarifications and Interpretations ............ ............. 3.2, 3.6, 9.4, 9.11 definition of ....................... ......... ... 1.10 ENGINEER as initial interpreter of.., ........... I .... 9.11 ENGINEER as OWNER's representative .............. 9.1 general]l Insurance 5.3 Intent minor variations in the Work_ ........ .... 3.6 Okk INERs responsibility to furnish data ...............8.3 OWINFIR's responsibility to make Prompt payment ..........................8.3, 14.4. 14.13 precedence ..............................................1.3.1, 33.3 Record Documents ............................................6.19 Reference to Standards and Specifications of Technical Societies 3.3 Related Work 7.2 Reporting and Resolving Discrepancie _22.5, 3.3 Reuseof . ......... ........................ ....................... 3.7 Supplementing, .................................. .............. 16 Termination of ENGINEER's Employment..., ...... 8.,) Unit Price Work .................................I..............11.9 variations .............. 3.6, ......... **"* ............ * ' 6.23, 6.27 : Visits to Site, E.NGINUR's ........ ................. U Contract Price -- adjustment of ... _ ........... 3.5. 4. L 9.4. 10.3. 11.2-11.3 Changeof .......................................................... j I Decision on Disputes ........................................9.11 definition of 1.11 Contract Time-s-- adjustment of ........................... 3.5. 4.1, 9.4. 10.3. 12 Change of ................................................ 12.1-12.4 Commencement of.. . ............ ................ 2.3 definition of 12 CONTRACTOR - Acceptance of Insurance ................................... 5,14 Communications 6.12. 6.9.2 Continue Work .... *** ................................. j6.29. 10.4 oo crdination and scheduling ............................6.9.2 definition of .....................................................1.13 Limited Reliance on Technical Data Authorized ......................................... 4.2.2 May Stop Work or Terminate......................I.....1.5.5 provide site access to other-, ....................... 7.2, 13.2 Safety and Protection... ...............33. 1 - 2, 6.16, 6. 18, ............................. * ........ 6.21-6.23, 7.2, 13,2 Shop Drawing and Sample Review Prior to Submittal 6.25 Stop Work requirements ..................................4.5.2 CON URACTOR'sm- Article or Paragraph Number Compensation ............... ___ ... ....... 11.1-11.2 Continuing Obligation ..................................... 14.15 Deftctive Work ............. .................. 9.6. 13.10-13.14 Duty to correct defective Work ......... ................. 13.11 Duty to Report -- Changes in the Work caused by Emergency ........................ ................... 6.23 Defect- in Work of Others 7.3 Differing conditions.......,._ . ....... ... 4.2.3 Discrepancy in Documents........ 2. 5, 13.2, 6. 14.2 Underground Facilities not indicated ........... 4.3.2 Emergencies .......... ...... .................... ..... 6.23 Equipment and Machinery Rental, Cost of the Work 11.4.5.3 Fee --Cost PILL 0-4.5-6, 11.5.1, 11.6 General Warrantv and Guarantee ....................... 6-30 Hazard Communication Programs, ............. ....... 6.22 Indemnification ............ 1'), 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 ............. 5.4 Notice of Intent to Appeal..._ ................... 9.M 10.4 obligation to perform and complete theWork ....................................................6.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,, G. 12 Performance and Other Bonds ............. 5.1 Permits, obtained and paid for by',,,,,,,,,,,,,,,, 6.13 ....... Progress Schedule,,,,,,,,,,,,,,,,, ........ ,2.6. 2.8. 2.9. 6.67 .......................................6.29. 10.4, 15.2.1 Request for formal decisionon disputes ............... 9A 1 Responsibilities -- Changes in the Work ................................... 10.1 Concerning Subcontractors. Suppliers and Others 6.8-6.11 Continuing the Work ..........................6.29, 104 CONTRACTOR's expense ............................ 6.7.1 CONTRACTORs General Warranty and Guarantee,..,_,,,, _ ....... ........... 6.30 CONTRACTOR!s review prior to Shop Drawing or Sample submittal ............ Coordination of Work.., ............................. 69.2 Emergencies ............................................... c .23 ENGINTEERs evaluation, Substitutes or "Or -Equal" Items .............................6.7.3 For Acts and Omissions of Others ......................... _.6.9.1-6.9.2, 9.13 for deductible amounts,insurance., ..... ­ I ... 1.1.5.9 general ........................................6, 7.2, 73, 8.9 Hazardous Communication Programs--... -.6. 2 2 Indemnification 6.31-6.33 vii rJCDC GENERAL com)rnONS 1910-8 (1990 EDITION) wl CITY OF FORT COLUNISMODIFICATTONS (REV 9/99) Labor, Materials and Equipment ............. CONTRACTORS --other .... ,...... ................................... 7 Laws and Regulations...:....._...............:.......6.14 Contractual Liability Insurance 5.4.10 Liability Insurance,.,,.,,,. ........ 5.4 Contractual Time Limits,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,122 Article or Paragraph Number Notice of variation from Contract Documents .................... ..................... 6.27 Patent Fees and Roy.a.lties 1.............................. 6.12 Permits .......................................................6.13 Progress Schedule, ..... ......... .. 6.6 Record Documents ....................................... 6.19 related Work performed prior to ENGINEER's approval of required subm ittals............................................. 6.25 safe structural loading.................................6.18 Safety and Protection,,.._..............6.20, T2, 13.2 Safety Representative........__.................„-_.,6.21 Scheduling the Work ................ .................. 6.9.' Shop Drawings and Samples,,,,,,,,,,,,,,,,,,,,,,, 6.24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness ........ 6.17 Submittal Procedures ................................... 6.25 Substitute Construction Methods and Procedures......:.........._......,.......,..:6.72 Substitutes and "Or -Equal" Items...... .......... 6. 7.1 Superintendence .... . ..............................I ........6• Supervision ..................... ..................6.1 Survival of Obligations................................6.34 Taxes 15 'tests and Inspections........-_ --------- -....... ...... 13.5 ToReport.. ............... ........... ......... ........... _2. 5 Use of Premises ...................... 6.16-6.1b• 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal. 0.25 Right to adjustment or.chan.g.e.s„i•n the Worlti.„.,10.2 right to claim ............. 4, 7.1, 9A, 9.5, 9.11, 10.2,11.2, 11.9. 12.1. 119, 14.8. 15.1, 15. 5, 17.3 Safety and Protection,,,,,,,,,,,,,,,,,, 6.20-6.22, 7.2, 13.2 Safety Representative ....................................... 6.21 Shop Drawings and Samples Submittals ..... 6.24'-62S 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,,,,,,.,, 6.5-6.11 Supervision and Superintendence ......... 6.1, 0.2, 6.21 Taxes. Payment.by......... ......... .......................... 6.15 Use of Premises ...................„.,,,,.„.-.,-..._. 0.16-6.13 Warranties and guarantees......._................6.5, 6.30 Warranty of-1-itle.............................................. 14.3 Written Notice Required -- CONTRACTOR stop Work or term inate........ 15.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.2.3 Substantial Completion ........... .....................14.8 viii Article or Paragraph Num ber Coordination-- CONI'RACTOR's responsibility .......................6.9.2 Copies of Documents ............................................... 22 Correction Period.,...................................:.......:....13. L Correction, Removal or Acceptance of Defective Work-- in general ,,,..,,._.•,,. „10.4.1, ................... 13.10-13,14 Acceptance ofDeJective Work ............. .............1.3.13 Correction or Removal of Defective Work ......... ........... ....... :.....6.30, 13.11 Correction Period ........................ I. I.................13.12 OWNF",R May Correct Defective Work.. ,..., ,..,„ 13,14 OWNER May Stop Work ......................... I ....... 13.10 Cost -- of Tests and Inspections ................ I...............,....13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional ...................)1.4.5.9 Cash Discounts..............................................11.4? CONTRACfOR'q Fee I L6 Employee Expenses,,,.„ ..............................a 1.4.5.1 Exclusions to.......:.....:.........................:.....::....:.1 1.5 G eneraI 11.4-11.5 Nome office and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment... ................... ­ --------- 11. 4. 2 Minor expenses ........................................... 1 1.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors,,,,,,,,,,,,,;,,,,,,,,,1-1-4.3 Records 11.7 Rentals of construction equipment and machinery ....................................... 11A.53 Royalty payments. permits and license fees ............................„-.„..-,..,.„ 11.4.5.5 Site office and temporaryFicilities,,,,,,,,,,11.4.5.2 Special Consultants, CONTRACTOR's........ _... j1.4.4 Supplemental ...._........ .................... _..............11.4.5 'faxes related to the Work„..........................11.4.5.4 Tests and Inspection..........................................13.4 Trade Discounts, ........................... ................ * 11.4.2 . Utilities, fuel and sanitary facillties..............11.4.5.7 Work after regular hours............................... ..11.4.1 Covering Work............................................13.6-13.7 Cumulative Remedies ..............__....._.-_,,,_...,. „17.4-17.5 Cutting, fitting and patching: ....... ......... ...... ... 7.2 Data, to be furnished by OWNER ........................... 8.3 Day --definition of .... ................. .................. .......... 17.') Decisions on Disputes,,,,,,.....* ..............*......... 9.11, 9.12 defective --definition of, ................ ........ --------- -.1. 14 defective Work -- Acceptance of....., .... ........... 10.4.1. 13.13 E1CDC GENERAL CONDITIONS 1910-5 (1990 EDfr10N) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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 Correction or Removal of. .......... ......... ... 10.4.1, 13.11 Correction Period 13.12 in general.........................................13, 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May StopWozk.................................13.10 Prompt Notice of Delects.................................1.13.1 Rejecting.......:.............:.....................................9.6 Uncovering the Work.......................................13.5 Definitions ................................................................ 1 Delays......................................4.1, 6.29, 12.3-12.4 Delivery ofBonds .....................................................2.1 Delivery of certificates of insurance. ........................... 2.7 Determinations for Unit Prices ........................ ...... , 9.10 Differing Subsurface or Physical Conditions-- Noticeof.........................................................4.2.3 F.,NGTNF.ER's Review......................................4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments..............4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14,2 Dispute Resolution— Agreemcnt................................................16.1-16:6 Arbitration ................................................. 16.1-16.5 genera116 lediation........................................................16.6 Dispute Resolution Agreement .................. ....... 16, I-16.6 Disputes, Decisions by ENGLNF..ER............. .....9.11-9.12 Documents -- Copies of ... ._ Record 6.19 Reuseof............................................................ 3.7 Drawings --definition of...........................................1.15 Easements ................... .......................................... 1.1 Effective date of Agreement -- definition of,,,,,,,,,,,,,, l.16 Emergencies ........................... ....................... ........ 6, 23 ENGINEER -- as initial interpreter on disputes,,,,,,,,,,,,,,,, 9.11-9.12 definition of J.,17 Limitations on authority and responsibilitics...... 9,13 Replacement of .................................................. 3.2 Resident Project Representative .......... ...........I.._.9.3 ENGINEER's Consultant -- definition ot,,,,,•,,,,.,...,,.1.18 ENGDTEER's-- authority and responsibility, limitations on ......... 9.13 ize Authord Variations in the Work915 Change Orders, responsibility for. ....... 9.7, 10, 11, 12 Clarifications and Interpretations ...............3.6.3, 9.4 Decisions on Disp"utes....... ......................... 9.11-9.12 defective Work, notice of•.,.,.„ ...........................13.1 Evaluation of Substitute Items,,,,,,,,,,,,,,,,,,,,, ,,, , 6.7.3 Liability .................................................. 6.32, 9.12 Notice Work is Acceptable ............. ........... ...._.14.13 Observations...........................................6 30.2, 9.2 OWNER's Representative - --- - ----------- ------- -- ------ -9.1 Payments to the CONTRACTOR, Responsibilityfor.. ...... ....... 9.9. 14 Recommendation of Payment...., ............... 14A, 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 Cmstruction-- authorized variations in the Work. . ................ 9.5 Clarifications and Interpretations. •,••,,, .9.4 Decisions on Disputes.,...... I................9, t 1-9.12 Determinations on Unit Price, ...................... 9.10 ENGINEER as Initial Interpreter._ ........ 9.11-9.12 ENi GINF.F.R's Responsibilities ................9.1-9.12 Limitations on ENGINF.,ER's Authority and Responsibilities ............. I................9.13 MA NER's Representative .............................. 9.1 Project Representative ................... ................ 9.3 Rejecting Defective Work .............................. 9.6 Shop Drawings, Change Orders and Payments ......... ........................... 9.7-9.9 Visits to Site .................................................. 9.2 Unit Price determinations ...........:...................... 9.10 Visits to Site.......................................................9.2 Written consent required ............................. T2, 9.1 Equipment, Labor, Materials and ........................6i.3-6.5 Equipment rental, Cast of the. Work --- .--- .-__.,..-,_ 11.4.5.3 Equivalent Materials and Equipment.__„_.I............... 6.7 error or omissions..................................................6.33 Evidence of Financial Arrangements...... ........ ........ 81 1 'Explorations of physical conditions ....................... A2.1 Fee, CONTRACTOR's--Costs Plus ...........................11.6 Field Order -- definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1E 9.5 Final Application for Payment..............................14.12 Final Inspection., .................................. .......... _.. 14.11 Final Payment -- And Acceptance .... .................. _............14.13-14.14 Prior to, for cash allov�ances...............................11.8 General Provisions..........................................17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references to, ... .......... 2.6, 6.4, 6:6-6.7, 6,24 Giving Notice.........................................................17.1 Guarantee of INfork--by CONTRACTOR........ 6.30. 14:12 Hazard Communication Programs ............. I ...... I ...... .22 Hazardous Waste -- definition of, ..................................................1.21 general ................................ 4.5 OWNER's responsibility for ..............................? lt) Lx EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLONS MODIFICATIONS (RFV 9199) Indemnification ........... ........ .......... 6.1? 6.16, 6.31-6-33 Initially Acceptable Schedules,,,,;, , Inspection -- Certificates of :..............................9.13.4, 13.5, 14.12 Final...........................................................14.11 Article or Paragraph Number Special, required byENGI EER.........................9.6 Tests and Approval ............................ 8.7, 13.3-13.4 Insurance -- Acceptance of, by OWNF.R...............................5.14 Additional, required by changes in the Work ..... ......... .... .......... .......... ......11.4.5:9 Before:starting the Work„...................................23 Bonds -and --in general..........:...............................15 Cancellation Provisions......, ........................ - .... 1.5.8 Certificates of ........ ..........17, 5, 5.3, 5A.1 I, 5.4.13, ......I................6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations ..... .... .......................... ...5.4.13 CONTRACTOR's Liability..................................5. F CONTRACTORS objection to coverage,,,,,,,,,, 5.14 Contractual Liability......................................5.4. U) deductible amounts, CONIRACTOR's responsibility................................................5.9 Final Application for Payment .........................14.12 Licensed Insurers .............. ............................... 5.3 . Notice requirements, material change4,,,,,,,,5.8, 10.5 Option to Replace ..... ......... ......................_.......5.14 other special insurances,,,,,,,,,,,,,,,, ................... .5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 iability.................._.....-........-- OWNF R's Liability_ ........ ......... ..... . --- - - -----5.5 W ONER'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 3.1-3.4 Interpretations and Clarification 5.................I... 3.6:3, 9.4 Investigations of physical conditions ............... I........., 4.2 Labor, Materials and Equipment ............... .......... (..ands -- and Easements .......................... ..8.4 Availability of.............................................1.1, 8.4 Reports and Tests ................ ...... ..................... ....F:4 Laws and Regulations --Laws or Regulations-- Bonds 5.1-5.2 Changes in the Work.........................................10.4 Contract Documents, ....__...3.1 COi PI'RACTOR's Responsihi I ities .....................6.1 3 Correction Period,cIefectrve Work„.................13.12 Cost of the Work, taxes ............................... 11.4.5.4 definition of ......... ................................. ........1.^_2 general6.14 Indemniticatioq_......................._.......... _. 6.31-6.33 Insurance........................_..........:......................5.3 Precedence...... ... _ ...... ; .............. ....... -.3.1, 3.3.3 Reference to ..................................................... 3.3.1 Safety and Protection, ... ........................... 6.20, 13.2 Subcontractors, Suppliers and Others ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections...................................13.5 Use of Premises ................................................ 6.16 Visitsto Site... ........... ._...................................... 9.2 Liability Insurance-- CONT R ACTO R's ................., ............................. 5.4 OW N E R's:..........................................................5. 5 Licensed Sureties and Insurers., .......... - ......... 5.3. Liens -- Application for Progress Payment14.2 CONTRACTOR's Warranty of'I'itle ., ,. 14.3 Final Application for Payment .........................14,12 definition of ....................................................... 1.23 . Waiver of Claims .................:.......................... WAS Limitations on ENTGNEER's authority and responsibilities............ .... -• - ..... .............9.13 Limited Reliance by CONTRACTOR Authorized ........................................................ 4.2.2 Maintenance and Operating %,Innuals-- Final Application for Payment„.......................14.12 Manuals (of others) -- Precedence.... _...... _............. _.......................i.3.3.1 Reference to in Contract Documents ..................3.3.1 Materials and equipment -- furnished by CONTRAC'1'01Z............................_ 6.3 not incorporated in Work...................................14.2 Materials or equipment --equivalent ...............I...........6.7 Mediation (Optional)..............................................16.7 Milestones --definition of .......................................... 1.24 Miscellaneous -- Computation offimcs................ .......................17.2 Cumulative Remedies .........:.............................. 17.4 Giving Notice....................................................17.1 Notice of Claim .................................................. 17.3 Professional Fees and Court Costs Include¢17.5 Multi -prime contracts ............... ....... ........... ...I ...... .... ., 7 Not Shown or Indicated 4.3.2 Notice of -- Acceptability of Project,,,,,,,,,,,,, ....:................. .14.13 A%vard, definition of.........................................1.25 Claim... .................... ........I.............17.3 ............... Defects,13, l Differing Subsurface or Physical Conditions ....... 4.23 Giving............................................................17.1 Tests and Inspections........................................13.3 Variation. Shop Drawing and Sample,,,,,,,.,,,.„.,G 27 Notice to Proceed -- definition of......................................................I.26 givingof............................................................2 3 E1CDC. GENERAL CONDITIONS 1910-5 (1990 EDITION) wl CITY OF FORT COLLINS N1ODIFICAII6NS (RF.V 9199) Notification to Surety..............................................10.5 Observations, by FNGINE.Ell—...... .._._:, ........... 6.30, 9.2 Occupancy of the Work,,,,,,,,,,,,,,,,,,, 5.15, 6.30.2.4. 14.10 Omissions or acts by CONTRACTOR...............6.9, 9.13 Open Peril policy form, Insurance...... . ......... ......... -.6.2 Option to Replace...................................................5.14 Article or Paragraph Number "Or Equal" Items ...................... ....................... 6.7 I........ Other work 7 Overtime Work --Prohibition of ........... 6.3 OWNER -- Acceptance ofdefective Work,,,,,,,,,,,,,,,,,,,,,,,,,, 13,13 appoint -an ENGINEER_ ........ ........................... 8.2 as fiduciary ....................... ........................ 5..12-5.13 Availability of Lands, responsibility .................... 4.1 definition of ......................................... ..........1.27 data, furnish .............. ....8.3 May Correct Defective Work...........................1.3.14 vlay refuse to make pa}miens.............................14.7 May Stop the Work....... I ......................... .... .. ..1310 May Suspend Work, Terminate ...........................8.8, 13.10, 15.1-15A Payment, make prompt ............. .........U, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements 6,13 purchased insurance requirements ........... ... 5.6-5.10 OI.VNER's-- Acceptance of the Work...............................6.30.2.5 Change Orders, obligation to execute,,,,,,,,,, 8.6, 10.4 Communications 8.1 Coordination of.the Work 7.4 Disputes, request for decision ............................9. I I Inspections, tests and approvals.................8.7. 13.4 Liability Insurance 5 5 Notice of Defects.................:........................„„13.1 Representative --During Construction, ENGINEER's Status ...................................... 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................. 8.10 Change Orders..............................................8.6 Changes in the Work._.........................._....10.1 communications 8.1 CONTRACTOR's responsibilities ................. 8.9 evidence of financial arrangements... ............ 8.11 inspections, tests and approvals ........... ........... 8-7 insurance ....................................................... 8.5 lands and easements ...................................... 8.4 prompt payment by........................................8.3 replacement of ENGINEER ...........................8.2 reports and tests.... ........... I ...... I ..... I ............. ­8.4 stop or suspend Work;,,,,,,,,,,,,,,,,, b.8, 13.10,. 15.1 terminate CONTRACTOR's services ..................................... 8.8, 15.2 separate representative at site..............................9.3 testing, independent ............. _.......................... 13.4 use or occupancy of the Work. 5. I5. 6.30.2.4. 14.10 written consent or approval required.........................................9.1, 6.3, 11.4 Xi E1CDC GLNER.AI. CONDITIONS 1910.8 (1990 EDMON) wJ CITY OF FORT COLI,INS \CODIFICATIONS (REV 9/49) Article or Paragraph Num her written notice required ........................7.1, 9.4, 9.1 I, .................................. l 1.2, I L9, 14.7, 15.4 PCBs -- definition of .... ......... ...... ......................... ....... -3.29 ..... 4. ; OWNEWs responsibility for ............................ .5.10 Partial Utilization -- definition of......................................................1.28 genera16.30.2.4, 14,10 Property Insurance .......................................... ..5.15 Patent Fees and Royalties ........................................ .1'2 Payment Bonds .................................................. ........ Payments, Recommendation of, ............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPnyments ......................14.2 CONTRACTOR's Warranty of T itle ........... _......14.3 Final Application for Payment..... I...................14.12 Final Inspection_, ... ............... _ ...... ..... __ ...... 14.11 Final Payment and Acceptance ................ 14.13-14.14 general........................................................ 5.3, 14 Partial Utilization 14.10 Reta i n age..........................................................14.2 Review of Applications for Progress Payments ............................... 14.4-14. 7 prompt payment... ................................................5.3 Schedule of Values.... ......................................... 14.1 Substantial Completion...............................14.8-14.9 Waiver of Claims ............................................) 4' 15 when payments due ................................ 14.4, 14.13 withholding paymcnt................. ....... .............. .,14.7 Performance Bonds ............ ................................? 1-S 2 Permits............................................................6.13 Petroleum -- definition of......................................................1.30 general..............................................................4.5 OWNER's responsibility for...............................8.10. Physical Conditions -- Drawings of, in or relating to ......................„ 4.2.12 F.NGINEER's review......,.., ........................... .... 4.2.4 existing structures.,..._ ....:............ ...................4.2.2 general 42.1.2 ....... . ...................... Notice of Differing Subsurface or.... .............. ... 4.2.3 Possible Contract Documents Change I ................ 4.25 Possible Price and Times Adjustments,,,,,,,,,,,,,, 4.2.6 Reports and Drawings......................................4.2 1 Subsu rface and,..., _............... .....:1.2 Subsurface Conditions 4.2.1,1 Technical Data, Limited Reliance by CONTRACTOR Authorized .......... 4.2.2 Underground Facilities — general........................................................4.3 Not Shown or Indicted..............................a.3 2 Protection of.........................................4.3, 6.20 Article or Paragraph Num her Shown or Indicated ..............................:................. 1.3.1 Technical Data__... ...... ............... ........... 4. 22 Reconstruction Conference.................................2.8 Preliminary Matters 2 Prelim inary Schedules .............................................. 2.6 Premises. Use of ...... ........ ...... ........I ......... I .... ,. 6.16-6.18 Price, Change of Contract, .... 11.1 ....... I I ... — ......... Price, Contract --definition o.f„.......... .......... I ....... .... Progress Payment, Applications for_..............._.......14.2 Progress Payment--retainago.... ............................... 14.2 Progress schedule, CONTRACTOR'S............ 2.6, 2.8, 2.9, ................................ 6.6.6.29. 10.4. 15.2.1 Project --definition or.... ... .................. 1.31 Project Representative-- GNGINEER's Status During Construction ............. 9.3 Project 12cpreseniafivc, Resident --definition of .... ,.... 1.33 prompt payment by OWNF,R.....................................8.3 Property Insurance-- Additional........:...............................:................?.7 general5.6-5.10 Partial Utilization................................5.15, 14.10.2. receipt and application of proceeds ... ......... 5.12-5,13 Protection, Safety and.. . ................. ......... 6.20-6.21, 13.2 Punch list 14.11 Radioactive Miterial-- defintion of ...................:.....:......:....:..:............1.32 genera14.5 OWNER's responsibility for....„..„.,.,,,,...„•.,•.,•,$:10 „ Recommendation of Payment,....,._,•.•...14.4, 14.5, 14.13 Record Documents... ....... .............................. & 19, 14.12 Records, procedures for maintaining„........................2.8 Reference Points ................ ................ I... I..................4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or)...................................... 6.14 Rejecting Defective Work..........................................9.6 Related Work -- atSite ......................... ................... ............ 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ....................6.28 Remedies; cumulative.*....,.__,,..1.......,-_„__....17.4, 17.5 Removal or Correction ofDefective Work ..... .........13.11 rental agreements, OWNER approval required, .... 11.4.5.3 replacement of ENGINEER. by OWNER ............ ....... S.2 Reporting and Resolving Discrepancies................................15, 3.3.2, 6.14.2 Reports -- and Drawings.................................................p2.1 and Tests. OWNER's responsibility .....................8.4 Resident and Project Representative -- definition of.......................................:.............1.33 provisionfor ................. ....................... :.................... .3 xii LJCDC GENERAL CONDrrIONS.1910.8 (1990 L'.DITION) w/ Cf TY OF FORT COLLINS \IODIFICA -nONS (REV 9/W) Article or paragraph Number Resident Superintendent, CONTRACTOR's............... 6.2 Responsibilities -- CONTRACTOR s-in general .................................. 6 ENGINEER's-in general........................................9 Limitations on 9.13 .................. OWNERS -in general.............................................8 Retainage.................................... 1.4? Reuse of Docunients 3:7 Review by CONCRACTOR: Shop Drawings and Samples Prior to Submittal ..........................6.25 Review of.Applications for Progress Payments .... ........... .................... ..14.4-14.7 Right to an adjustment..........................................10.2 Rightsof Way ... .................................. _...................4.1 Royalties, Pa[ent Fees and,,,,,,,,,,,,,,,,,;,, I................. 6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection...............................4.3.2, 6.16, 6.18, ................ I ...... ......... ...--- 6.20-6.21, 7.2. 13.2 general.................................................... ........ Representative, CONTRACTOR's......................6.21 Samples -- definition of......................................................1.34 general .................................................... 6.24-6.28 Review by CONTRACTOR ............................... 6:25 Review by ENGIiNTEER..............................6.26, 6.27 related Work.....................................................U.23 submittal of 6.24.2 submittal procedures ................................ .........6.25 Schedule of progress.............................2.6, 2.8-2.9. 6.6. .........................................6,29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals., .............................2.6, 2.8-2.9, 6.24-6.2S 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 ................................... Scope of Changes ..... ....... ............... ............ 10.3-10.4 Subsurface Conditions,,,,,,,,,,,,,,,,,,,,,,:...._.,-......... .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 F..NGIN6ER's approval of.................................3.6.2 ENGINEERS responsibility for review ..................................... 9.7, 6.24-6.28 related Work......_........_ ................. .._..............4.28 review procedures................................2.8, 6.24-6.28 Article or Paragraph Number submittal required ........ ....................................... Submittal Procedures use to approve substitutions ... ................. ...__._.6.7.3 Shown or Indicated ................................................. 4.3.1 Site Access......................................................7.2. 13.2 Site Cleanliness.... .................................................... 6.17 Site, Visits to -- by ENGNEER................I..........................9.2. 13.2 by others 13.2 "special causes of loss" policy form, insurunea........................................................5.6.2 definition of.........................................:...........1.36 Specifications— defination of .................................................1.36 of'I'cchnical Societies, reference to., ................. 3.3.1 precedence ................................................ I .....3. 3.3 Standards and Specifications of Technical Societies ....... ...•............................. 3:3 Starting Construction, Before :................ I .............. 2._5-2.8 Starting the Work ...................... .................... .......... :.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER.....................................8.9, 13.10, 15.1 Storage of materials and equipment.................._41, 7.2 Structural Loading, Safety........................................6.18 Subcontractor -- Concerning, ............................................... 6.8-6.11 definition of.....................................................L37 delays 12.3 waiver of rights......:.........................................6. 11 Subcontractors --in Subcontracts --required provisions.....,,,,6.11, 6.11, 11.4.3 Submittals -- Applications for Payment.................................14.2 Maintenance and Operation Manuals...............14.12 Procedures.......................................................6. 25 Progress Schedules......................................2.6. 2.9 Samples ............................ ....................6.24-6 28 Schedule of Values.....................................-1.6, 14.1 Schedule of Shop Drawings and Samples Submissions., ... ............ ­­­ .... I .... -2.6, 2.8-2.9 Shop Drawings ............... ...................... .... 6.24-6.25 Substantial Completion— certification of... .............. ........ 6.30.23, 14.8-14.9 definition of.............................................:.......1.38 Substitute Construction Methods or Procedures........(), 7.2 Substitutes and "Or Equal" Items .............................. 6.7 . CONTRACTOR's Expense...........................6.7.1.3 ENGINEER's Evaluation ..................... ............ 6.7.3 "Or -Equal" ................................................... 6.7.1.1 Substitute Construction Methods GJCD . GENERAL CONIJrnONS 1910.5 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS 1RF.V 94) Article or Paragraph Number or Procedures .............................................. 6.7.2 Substitute Items... ...... ...... ..................... 4T 1.2 Subsurface and Physical Conditions -- Drawings of,. in or relatng to ........................ 4.2.1.2 ENGrntEER's Review ....................................... 4.2.4 general, ............................................................. 4...2 Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions .............. ...........................4.2.3 Physical Conditions 4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments.._, .......... 4.2.6 Reports and Drawings.._..................................4,2.1 Subsurface and 4.2 Subsurface Conditions at the Sitz 3.2.1.1 Technical Data ................:.................................. 4.22 Supervision— CONTRACTOR's responsibility,,,,,,,,,,,,,,,,,,,6, l OWNER shall not supervise...............................8.9 ENGIiNrEER shall not supervise ................ 9.2, 9.13 2 Superintendence......................................................6.2 Superintendent, CONTRACTOR's resident., ....... ...... 6.2 Supplemental costs...............................................11.4.5 Supplementary Conditions-- dc6nition of . .......................................... ........... 1:39 principal references to................1.10, 1,18, 2.2, 2.7, ....4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5:9, ........ I ....... S.1 I, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents .........................3.6 Supplier— definition of ....................................... I ...... I ....... 1-40 principal references to ........... 3.7, 6.5, 6.8-6.11, 6.20, .............. ............_..........6.24, 9.13, 14.12 Waiver of Rights...............................................6.11 Surety— consentto final payment ........................14.12, 14.14 F.NGMER has no duty to...............................9.13 Notiticationof...................._..,....._,.10.1, 10.5, 15.2 qualification of . ........................... ...... ....... :... 5.1-5.3 Survival of Obligations,,,,,.,,.................................6.34 Suspend Work, OWNER May .......................13.10, 15.1 Suspension of Work and Termination- :.....................15 CONTRACTOR Nfay Stop Work. orTerminate...............................................15.5 OWNER May Suspend Work........... ...................I5.1 OkV ER May Terminate........... I ... .............. 15.2-15.4 Taxes --Payment by CONTRACTOR.......................... 6-15 Technical Data -- Limited Reliance by CONTRACTOR................:4,2.2 Possible Price and Times Adjustment* ... _ --- _.,--4.2.6 Reports of Differing Subsurface and Physical Conditions.........................I..........4.2.3 xiv Temporary construction facilities____,__, ............. ,„-_,4,1 Article, or Paragraph Number Termination -- by CONTRACTOR ................-- ...................... l5.5 by OWNER........................................K.R, 15.1-15.4 of ENGINEER's employment..............................18 2 Suspension of Work-in general..,, ................. ­­ .... 15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others,,,_,,,,,,,,,,,,,,,,,,,,, 13.2 CONI'RACTOR's responsibilities .......................13.5 cost of 13.4 covering Work prior to,,,,,,,,, ,,,,,,,,,,,,t3.6-13.7 Laws and Regulations(or), .......... _ ................... 13.5 Notice of Defects...............................................13.1 OWAtER May Stop Work... _: ...... ................... ...13.10 OWNER's independent testing ........................„ 13.4 special, required by ENGINEER .......................... 9.6 timely notice required ......... .................. ............ 13.4 Uncovering the Work, at ENGIN&ER's request_ _ ................... _ .. _ .............. , ..... 13.8-13.9 Times— Adjusti ng.......................................................... 6.6 Change of Contract.............................................12 Computation of................................................17.2 Contract Times --definition of ;1.12 day.......................................................... 7.2.2 b4ilcstones ........................................................... 12 Requirements -- appeals..... :...:.................... ...._............ 9.10, 16 clarifications, claims and disputes .................. 9.11. 11.2. 1'_ Commencement of Contract Times?.3 Preconstruction Conference.,,,,,,,,,,,,,,,,,;2.8 schedules ......................................... 2.6, 2.9, 6.6 Starting the Work..........................................2.4 Title, Warranty of ....._. .................... .................... ....14.3 Uncovering Work ..........13.8-13.9 ............................... Underground Facilities, Physical Conditions -- definition of ....:............................................... 1.41 Not Shown or Indicated..._-., 4.3.2 protection of .......................... .:_.............,-i.3, 6.20 Shown or Indicated, ......... ­ ..................... ........ 4.3.1 Unit Price Work -- claims ....:................. 1,1.9.3 definition of ......................................................1,42 generall1.9, 14.1, 14.5 Unit Prices— genera I11.3.1 Determination for,,,,,,,, . 9.1U Use of Premises ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.16, 6.18, 6.30.2.4 Utility owners ,,,,,,,,,,,,,,,,,,,,,,,,,,,,6:13, 6.20, 7.1-7.3, 13.2 Utilization, Partial .................. _1:28, i.15, 6.30.2.4. 14.10 Value of the Work....................................................11.3 Values, Schedule of..............................�2.6. 2.8-2.9, 14.1 EJCDC: GENLRAL CONDITIONS.1910.8 (1990 EDITION) w! CITY OF FORT COLLINS MODIFICATIONS (RF.V 9/99) Variations in Work --Minor Authorized .... ....... __ .......... ....... _ .... 6,25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER ..... I .............................. 9.2 Waiver of Claims --on Final Payment .......... ...... 14,15 Waiver of Right% by insured parties .................. 5. 11, 6.11 Warranty and Guarantee. General --by CONTRACTOR......6.30 ................ 11 ......... 11, ......... Warranty of Title, CONTRACTORS ........................14.3 Work -- Access to ................. * .................... ......... ..... 112 by others ..................... * ............. * ......................... ­ 7 Changesin the ....................................................1.0 Continuing the ................................................. 6.29 CONTRACTOR IMay Stop Work or Terminate. � ......... ...... .................. 15.5 Coordination of.................................... ---------- ... 7.4 Cost of the 11.4-11.5 definition of ............... .............................. 1.43 neglected by CONTRACTOR ... : ................... .... 1.3.14 other Work 7 OWNER May Stop Work ..... ........................... 13.10 OWNER May Suspend Work ...................13.10, 15.1 Related, Work at Site ........... I ......................... 7.1-7.3 Starting the .........................................................2.4 2.4 Stopping by CONTRACTOR ................. ........... 15.5 Stopping by OWNER .... ............................ 15.1-15.4 Variation and deviation authorized, minof ........... 3.6 Work Change Directive -- claims pursuant to ............................. ............ 10.2 definition of 1.44 principal references to .............. ......... 3.5.3, 10.1-10.2 Written Amendment— definition of ........................................ ........ .... 1.45 principal references to ............... 1. 10, 3.5, 5.10,15.12' ........................¢.6.2, 6.3.2, 6.19, 10.1. 10.4. 1 1.2, 111, 13.12-2, 14.7.2 Written Clarifications and Interpretations ...... I ... I ... I .................... 3.6.19.4. 9.11 Written Notice Required — by CONTRACTOR ............................. 7.1, 9.10-9.11, 10-4, 11.2. 12.1 by OWNER .............. 10-9.11, 10.4, 11.2, 13.14 'IV EICDC. G -'E NERAL coNi)rriONS 1910-3 (1990 EDITION wl CITY OF FORT COLLINS MODIFICATIONS (REV 91W) (This page left blank intentionally) ` %i E1CDC GENERAL CONDITIONS 1910 •S (1990 L:DITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/9V.) GENERAL CONDITIONS ARTICLE 1--DEFLNITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. 4ddenda--Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the Bidding Requirements or the Contract Documents, I.1. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Ygvment- f he ti rm accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to he accompanicA by such supporting documentation as is required by the Contract Documents. 1.4. 4sbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. But—Thc offer or proposal of the bidder submitted on the prescribed font setting firth the prices for the Work to he performed. 1.61 Bidding Doctonents—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Doemmnents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. L8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGft\TM,R, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement L10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONfRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Procced, the Bonds. these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EXI)COENEM cONDmONS 1910-8 (1990 E(itim) w/ CITY OF FORT' COLLINS \IOUIIICA'I'IONS (REV 4l1000) saute are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER% written interpretations and clarifications issued pursuant to paragraphs3.5. 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The motleys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work), 1.12. Contract Tines —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINHER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. COMRAC'I'OR—The person, tint or corporation with whom (.')WNER has entered into the Agreement 1,14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection reference standard, test or approval referred to in the Contract laocumcnts, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14,10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGP LEER and are referred to in the Contract Documers. Shop drawings are not Drawings as so defined L16. Effective Date of the agreement -The date indicated in the Agreement on which it becomes effective; but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. EMG1AlER—The person, firm or corporation named as such in the Agreement. L18. ENGhNEER's Consroltant--A person. firm or corporation having a contract with ENGINEER to furnish services as ENGLNTEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Fie&i Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with Paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1 20. General Requirements —Sections of Division I of the Specifications. 121, Hazardous A,'ante—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. L22:a. Laas and Regtdatioru; Latta or Regrdations--Any and all applicable laws, rules, regulations. ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1 22.b. Legal Holidays--shall be those holidays observed by the City of Fort Collins. 1.23. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 124. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of.gtvani—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Alonee to Proceed -A written notice given by OWNER to CONTRACTOR (_with a copy to ENGINEER) fining the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to. perform CONTRACTOR'S obligations under the Contract Documents. L27, 0111YER--The public body or authority. corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial Utilization -Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all.the Work. 1?9. PCBs —Polychlorinated biphenyls. 1.30, Peirolemur--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mieed with other non -Hazardous Wastes and crude oils: 1.31. Project —The total construction of which the Work 'to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents 1.32.a. Radioactive Xiaterial—Source, special nuclear. or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL COND1110NS 1910- (1990 Editim) at CITY OF FORT COLLINS (MODIFICATIONS (REV 4P-00() 1954 (42 USC Section 2011 et seq.) as ainended from time to time. 1.32.b. Regular liforking Hours --Regular working hour are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 133_ Resident Project Representative —The authorized representative of ENGrNT-ER who may be assigned to the .site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Dranings--AII drawings; diagrams, illustrations, schedules and other carta or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. L37. Stdxontractor---An individual, Linn or corporation having a direct contract with CONTRACTOR or with any other Suhcontractor for the performance of a part of the Work at the site. 1.33. Substantial Completion --The Work (or a specified niter thereof) has progressed to the point where, in the opinion of ENGiNFER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for dint purposes for which it is intended, or if no such certificate is issued when the Work is complete arcs ready for final payment as evidenced by FNGfNF,F..R's written recommendation of final payment in aeccudanee with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof: 1.39. Supplementary Conditions —The part, of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer. fabricator, supplier, distributor, materialman or vendor hiving a direct contract with CONTRACTOR or 'with any Subcontractor to. furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Untlergrorard Facilities -:all pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to fumish any of the following services or The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive .any informalities and irregularities therein. Bid security in the amount of not less than 50 of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, -entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Rev10/20/07 Section 00020 Page 2 J materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal. traffic or other control s+stems or water. 1.42, Unit Price Work Work to be paid for on the basis Of unit prices. 1,43. fVoA---The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing, services and famishing documents, all as required by the Contract Documents. 1.44. ifork. Change Directive —A written directive to CONTRACTOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENTOMER ordering an addition. deletion or revision in the Work, or responding to differing or unforeseen physical condition under which the Work is to be performed as provided in paragmph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties capect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract 'Times as provided in paragraph 10.=. 1.45. Witten .anmmfinent—A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with flu nonengineering or nontecluulihl rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELL-NIIrN-ARY NLkTTERS Delivery ofBondv: 2.1. When CONTRACTOR delivers the executed Agreements; to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2 OIVNER shall furnish to CONTRACTOR up, to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed- 2.3. The Contract Times will commence to non on the thirtieth day after the Effective Date of the Agreement, or, EJCDCGENERAL CONDITIOM 191U-8 (1990 EdtioO a•/ CITY OI; FORT COLU NS.MODIFICATIONS tRL-V arz000y if a Notice to Proceed is given, on the day indicated si the Notice to Proceed. A Notice.to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. commence to Port iateF�thatrt#w -i' th-day-afterthe day o€-Bid-opening-ix-the-thirtieth-day-a fter-the-Fffective-1)ate of -the ,Agreement-whichtvrrdate-is-zttrlier- Starting the Work: 14. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting CmLctruction: 2.5. Before undertaking each part of the Work, CONff2ACfOR shall carefully study and compare. the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CON'TRAC1'OR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from FNCr VEER bLtbre proceeding with an), Work affected thereby; however, CONfRAUfOR shall not be liable to OWNER or FNGINFr-,,R for failure to reportany conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Etfective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a prel'uninary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliniinuy schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar cows for each review by Eneineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started. COYMAC'I'OR and E7LLNPR shall eaeh deliver to the othef OWNER. with copies to identified-411 the 9trpfilemetltA�,*endit4ons FNGINEX certificates of insurance (and other evidence of insurance Which-either-Of-thaI ddi4M* -inured-may rcasably—request . requested by OWNER) which CONTRACTOR -and (;AA WI R respcwtivelyttre is required to purchase and maintain in accordance with paragmpliq 5.4,-5:6-and 5->!. Preconstruetion Conference: 2.8. Within twenty days after the Contract'Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR. ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, at-leit-+ten-J---s-6eA9re quhmiiisqian of the fir Application €el�aytttent ttefore. any work at the site begin a conference attended by CONTRACTOR, ENGINEER and others as apf ef)riate designated tell by OWNER. will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph2.6. and Division I - General -Re irements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to FNGINEFR as provided helow. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within arty specified Milestones and the Contract Times, but suchacceptance will neither impose on ENGINEER responsibility for the sequencing scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRAC'TOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENC VEER as to form and substance. ARTICLE 3-CONTRACT DOCUNIUNTS: TtVTV ENT, AMENDLNG, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents arc complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EXI)C OENf RAL CONDI'n ONS 19 t 0-8 (1990 Editiai ) col CITY OF FORT COLLINS MODIFICATIONS (REV 4T2000) describe a functionally complete Project (or tart thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which Itave a well-known technical or construction industry or trade meaning are used to describe Work. materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Srandardr and Specifrcalions of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or tissocintion, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in ctlect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shrill report it to ENI GINTEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6: provided however, that CONTRACTOR shall not be Gable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or tic may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). own nsk. No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultant% agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, FNiINFF..R or any of FNGINF.F.R's Consultant% agents or employees any duty or authority to supervise or direct the furnishing or per6rmance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment ofENGLNEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole m shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amens ing and Supplementing Contract Documents. 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terns and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment 3.5.2. a Change Order (pursuant to paragraph 10.4), WCDC GENERAL CONDITIONS 1910-3 (1990 E(ition) ed CITY OF FORT COLLI NS MODIFICA,nONS (REV 4Q000) 3.5.3. a Work Change Directive (pursuant to Paragraph 10.I). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authori7.ed, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. I NG NEFR's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENG11i IEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents. 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organisation performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or hearing the seal of FNGiNEFR or F.NGCNEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifidations, other documents or copies on extensions of the Project or any other project without written consent of OWl a'NrER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4-AVAILABILITY OF LAINMS; SUIISURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands. 4.1. OWNER sli all furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upon -reasonable -written -request; AV?o s1tall ftiish nvxSri R❑GTOc with it andct statement-of-record-legal-title-and-legal-descript ion-ofthe lands-upon-which-the-Wort-is-ic> be-performed-tmd OWNER's-interesE-therein-as-nzc:essary-fir-Lev iar�-noticx of-or-Ealing-a-mechanics=liaat-agaiatst-such-lands-in H66&klanea with Hpplieabla Laws and Regulatiens OWNER shall identity any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent, changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements. CONTRACTOR may make a claim therefor as provided in Articles I and 12, CONTRACTOR shell provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Pkpsical Conditions: 4.2,1. Reports and Drtnrings: Reference is made to the Supplementary Conditions for identification of: 42,1.1. Subsurface Coiuh ions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.t2. Physical avotions. 'Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been. utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Relimtce by CONMICMRAuthoriaeck Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRAC 1'OR, may not rely upon or make any claim against OWNER, FNGINFFR or any of ENGINEFR's Consultants with respect to: 4.2 2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drown tram any "technical data" or any such data, interpretations; opinions or information. 4.2.3. A'oBce of Dif%rit,g Subsurface or Physical Conditions. if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technicil data" on which CONTR\C'TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate. or 4.13.2. is of such a nature as to require a change in the Contract Documents, or 4.2_3.1 differs materially from that shown or EJCDC GENERAL CONDI •nom 19 t 0-8 (1990 Edition) lv/ Cl'lY OF FORT COLLI N'3 MODIFICATIONS (RL:V -Ir OOO) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature. and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, pFamptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or pertarnt any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. E:NGINEER's Review. ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Posvible Contract Dwu rents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Pocrible ['Pico and Times A#ustmenls: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTR\CTOR's cost. of, or time required for performance of the Work, subject, however, to the following: 4.2.6.1. such condition must meet any one more of the categories described Paragraphs 4.2.3.1 through 4.2:3A, inclusive; 4.2.6.2. a change in the Contract Dex:uments pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.1 with respect to Work that is paid for on a Unit price Basis, any adjustment in Contract Price will be subject to the provisions of parajaphs 9: I0 and 11.9: and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWMI ER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any erammalion, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such fatal commitment, or 4.2.6,4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of anv such equitable adjustment in the Contract Price or Contract Times, a claim.may be made therefor as provided in Articles i i and 12. However, OWNER, FNGiNF.ER and ENGINFFR's Consultamg shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Physical Conditions —Underground Facilities. 4.3.1. .Shosoi or 1ndcate& The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will he included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and '(iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or htcficate& If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or [xi -forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EXI)CGENERAL CONDITIONS 191" (1990 E(titian) w•t CI7Y OI; fORT COLLI NS NiODIFI CA'r10Ns (RL• v 4R 000 ) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility, If ENGR\rEER concludes that a change in the Contract Documents is required, a Wort: Change Directive or a Change Order will be issued as provided in Article IU to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6._0. CONTRACTOR shall may be allowed an increase in the Contract price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Document-, and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. 1f O 'NER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles l l and 12. However, OWNFR, ENGIN1 F.R and ENGiNFFWs Consultants shall not be Iiahle to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points. 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNfiR. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall he responsible for the accurate replacement. or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, hazardous lVasre or Radioactive .1laterial: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Idazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be iesponsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4-5.�: 6't�, I-TRt\tyTCIR shall-immediataly-(i)-stop•all -44'E�trwonneet+en-w+th-sets-h-#tn�rtlotts-senEltttott-enEl F`1.,�f..,.�ctvrv.i•c`"�r'.c�rE2ii4i% HS--F' kluif:ed biY—••••-••.••.•••I. !. n_7\ .,,1 /::\ i` fld—tliE:Eefrfiel=6E}}}f}FfR such -notice -in -writing) —OW NER-sha ll-promptly wnsult-with-E GGRNEER-concerning-the-necrssity-for OWNLrR tc�-ratain-a-gtlialified-axpart-to-evaluata-such h azardetis eendiiien oF take ooffeeiiye autier, ifany. GON=FI:AGFOR shall-not-be-required-to-resume-Wexk in 60nneution with At! aiffirdaus eandilien OF in such affeetnGAC1,MR has obtained any -required -permits -related -thereto -and -delivered -to G9�9"FFiF sperciel wFtt that-such-eonditien and-tny-affested- tree-is-or-hes-b n ►cndered-saf-ftw-6'-e-r . or iif}ing any-speeiukendatons-ttttdrr ••.'-,. rh sue Werl�mev ba-rasumad-safely-lf-E3Ur'NER-and GQN'FR,4"W- Rreannot agree -us Ae-entitlement-trror tlx aanmer>r-if xnv-in 1'e D.L... �• r>.,., ..i ,ram..,.. IR Work -stoppaga-er-such-spectal cond4ions-under-whlsh either -party -may -make a shim therefer es provided -in 4 5 1 If Af f,. 4MOipt-afsueh :.pesinl-Nritten-noose C-ONT-R•AGT.OR-&L-v-not-agree-to-resume-such-wmkk agrees to resume gust• Vrp;- UACIRF ••,-1i—:�iCEi#ni eonditiottt-than-C-.)�V:F�12-m.^.. ^.r�n'�' ;ash-poramn-of' ca n eeE the WGFIE- if OWNI;R Find G0N'I"I4,kQ*Qk cannot eortdttion-oF+rt-sueh-att�:ted area to-be-dalateEl-1FEtln ngree-as-to•entidement-to or-the-nmount•tw-e\-tent•of--an adjustment -if ctnp itGamma Pfiee or Gentreet-44iiws A-,; n rasult nfEk;leting sueh pertien of tlt® 41 Earl-tlte+t aithar-partwanay-make-a-claim-dtarc+fcx-as-pruyidad-in Artieles-1 l arteF I^_. Ot FER may -;a 4-deleted portion -of -the -Work: perfbniied-Gv-QWNER's-own forcas or-otbtars•irraccor<Innca-with-�lrticla �- ".+1A. To the fullest-e ttenE partittiteil by -Estes ettcl Raguhatiorts-OR'N5R-shall-indemni fv-and-lx�ld }farm'll lPasiisE—CEO�?/'i�T��RT�EER!9 Consultants and the t\CTOR—Sulkontrttctors; e\fficers—diractors,—employees,—agents.—other c:onsu Manes-tincl-subwni meters -of -each -and -any -of them-front-and_against-a4l-claimsrcosty-losses-and damages -arising -out of -or -resulting -from -such wst-foss-or-damage-is-attributable-to-buddy-injury; siskftas4 disaas�or ckat#�E -teen of tangible-preparFy-(otherthan-thr-W"'t tnclEltlittg-tha-loss-of-usa-resulting-IharafrE>irt-and (ii)•nothing-in-this-subparagraph-4.5:4-shall-obligate 0Wi','13R--to-indemnify-nny-parson-or-entity-from-tnd against 1140 c0nsetluensas e€ tkat pa.,.,..d��.,•�,-entity's own•negligcme: G: The pfevisioens of p ,,.t.,. 4.2 • -„ 1 4.3 aFa nat intended to apply torAieNni l4azutlous of: ,red EJCDC GENERAL CONDITIONS 19 M (1990 Edition! e•J CITY OF FORT COLLINS MODIFICATIONS (REV 4R 000 ) ARTICLE 5--MOWS AND INSMAINCE Perforntan'ee, Payment and Other BonrG: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds• each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CON'rK.4CfOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after.the date when final payment becomes due, except as provided otherwise by I.,nws or Regulations or by the Contract Documents. CONTRACTOR shall also titmish such other Bonds as are required by the Supplementary Conditions, All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by I..aws or Regulations and shall be executed by such sureties as are named in the current list of "Companies. Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.s. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CON'I'RA( fOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, COti f RACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNT.R. 5.3. Licensed Sureuev and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OIVNTER or CONTRACTOR shall be obtained from surety or insurance companies that are duty licensed orauthorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required such surety and insurance companies ,shall also meet such additional requirements and qualifications as may be provided in the Supplementary ConcGtions, 5.3.2. CONTRACTOR shall deliver to OXWER, with copies to each additional insured identified in the Supplementary Conditions; certificates of insurance (and other evidence of insurance requested by OWNER or any other, additional insured) which CONTRACTOR is required to purchase and maintain in accordance with pntt�.aph 5.4. O"ER shall dative s-to-aaeh additional -insured -identified -in -the -Supplementary gondiliE)nA edflift6at ayidtvaEtl of in-m-n, Lae;e'FI-bV d to rt Emir 5� 5 ? 1-,errof CONTR4CTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and famished and as will provide protection from claims set forth below which may arise out of or result from CONTR\C1'OR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier. or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers compensation disability benefits and other similar employee benefit acts; 5.4.2, claims for damages because of bodily injury, occupational sickness or .disease, or death of CONI' RAGI'OR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; ';:4:4. claims-for-damages-insured-by--custommy pzr5Hna1 ieh- e—� .' tly-re�'i�Q r,r >t' indiree_lFiled to -the employment omen bF by then r C;9e�4ER�C-t-OR-oFFtt�-.•--„=:-cn*�,-i,� ^mot,.-Fi:y other -reason 5.4.5. claims for damages, other than to the Work itselC because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5,4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNTER, ENGINEER, ENGhNTEER's Consultants and arry other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.5. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; EXI)CCiENERAL cOt xnOM 191" (1990 EtGtiotrj w/ CITY OF FORT COLLINS MODIFICA'r10NS (RL• V 42000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially chanced or renewal refused until at least thirty days' prior written. notice has been given to OWNER and CON'I'RACf'OR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the cenificatec of insurance furnished by the CONTRACTOR pursuant to paragraph5.3.2 will so provide); 5.4.11 remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defec•tivi, Work- in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CON'rRAC'I'OR shall furnish OW-NF.R and each other additional insured identified in the Supplementary Conditions to whom a cenitcate of insurance has been issued evidence satisfactory to O\\Tt7R and any such additional insured of continuation of such insurance at final payment and one year thereafter), 01117YER's Liability Insurance: 5.5. In addition to insurance require to be provided by CONTRACTOR under paragraph 5.4, OWNTER, at OWNER'S option, may purchase and maintain at O\1NNTER's expense OWNGR's own liability iltsurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: :ti—l-tnl�s-otherwise-provided-hrtha-�Su�>lementary Comlitioeu,-ON r�R-shell-purchase-and-maintain of-the-full-replacemetx-cost-thereof-(subject-to-su(3h deductible-amounts-as-may-bt+--proyieled-in-the Supplementary-C-orKhtions-oi-required-by-Eases-and Regu latiotu).-This-insurance-shall . 5:6-l—include—the—interests—of—OWt4ER: entities-identified-in-the-Supplementary-C-onditions; each•ol:whonris•deemed•to•hava-an-insurable-interest and•shall-be-listed-tts-un-insured-or-ad(litiom I -insured; 5:6•=• be-writtert-on-a-Buikkki's-Risk='cell-risk-or open peril eF spe6iii! s to that damage tcthe Warirtern v°against 1-least the—felkrwing—perils: fire, lightning —emended coverage.-than-vnndti lism- n nd-m a lici6u s-m ischiet-, �rtrtltttuakis-soil , ckhris-rantevsl-E6molition water-.... - ..de eh .theF ...,may -be spasiFwally rec{aired by-tlia Supplamcwter GendHiens; 5:6.3-include-expenses-incurred-in-the-repair-or replacement-ofany-insured•prc>party-(irtslttclir>°-lxit-nut linriEad-te---€aas--•aad--ctttrrges-�L�-rT-.ffR; � archiEncts)c 5 6 '1- 9e4rr-m9:E069115 a or-nt-anot her loeAtion thni-was-agreed-to-rn-writm-- by provided-Ehat-sEtcn;ate is And eyt::tn.;^� r .have -been me tided-in-ere-.Apptiemier foF�t-r�niended S:Fr.5-6e-mttinEainetl-in-ellevt-until-t'atat-payment-is made - aig-by OkW;ER-. 0944oAGTO and &I--nrcry A thirty-dAys-w'ritteta-trotice-to-each-dthe�ndditionAl issued- . ���tk'?FF,R-shell-purehtne-end-maintain-queli-Hailer and n}Aclainaty i+rsun: az c FlAiitional fa ss-may--lie-required-by-tile-Supplamzninry-C:imditionrcx 'GP any-ether-paMFA er-entitieS idant+lizd-ii3-tha�;ut�}�4amantnrv-(�3ndiEionr �;��1-,- :�wr�.�,• is deantad-tu hnvaRn-iersurable�intarast ar>fl-shall-Ha-lisiad-as arrinsured-oradditianal-i».,urad- $:€. -.•^�'t-dte-liutiaias-u�iiiseiranea-(need-fha-eattifienfas-car GdleF OVidEllto-ha-purehe ed-end inninteined-bv-OV."NER--in-accordance-with-parngmplis :6 . ^^a��:'.-;will-corttatn-a-•pruyisii�rt-ur�nckxsetnzrk-Fhaf-the coverage-ntFordad-wil t-not-ba-cancel lad=or-mAferinl ly chat,gad•or-renewal-ratitsad-ant i}-nt.•lansf-thirty-dAys=prior written-notice-hers-been-given-W-OVR4ER--and `-•r�?rrCCr-��rRAci OR and to aetYOfl whoni-a-certificate-of-i nsumnee-hAs-keen-issued-and-wi 11 contain -waiver -provisions -in -accordance -with 1*lftfgFHPh �'1 F. 5:9. OWNER.shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Sub wntraetors or others in a WttrlC stir E'Old HFREIUHts_� identibed-in-the-Supplementary-Eonditiom.=l=ha-risk of less within-such-idery ified•deduutiblaa by. -GQ3h4P\GTOR ul ontrastor or titers sat irtg any such-k)ss=anal-if-env-of-them-wishes-propetty-tnsuranw covrras�e-within-tlx-limits-of-such-amottrtts-tFtch-map purchnse4ind-maintain-it-at-the-purchaser's owrte.,g)onsa. 5:lli.-if-GON-1 RAUFOR-rNuests-in-writirig that -other fipCatai-kfLSk i4yftSdran61! -. "hall:e _..:ice--, ' '-;aciri.;su=n:e�-a Q-dte-cost r ill I... HPPFQpFi- chang,._a-- .de' - Prier -to EJCOC GENERAL CONUI77ON51910-3 (1990 E(htiai) 'A'I CITY OF FORT COLLI M DIOUII;ICA'riONS (REV.lr.000) cummencamant-o�iha-Work-nt-tiw-site;-41�AFGR sltnll-in w'rititig-ttdvi:..�-•no-� rT•rn.1C��l�whathar-eFiir3k-sttc#t-dither OW t b1—lMaiveFej-RrgJrrs. SA-1-1—OWNER—and—COONf-RAGTOR-intend-that aII policies-purchased-in-accorckaice-with-piriigraplis 5:6 and-54 will pfie cxEsurts or entities iderAifie - Subecxttraeturs—EN6lNEEli, Ei�lG1NEER's in the SupplemefitaFy Gunditions te be listed insureds-ctr-additions!-insureds-in-stieh-policies-and krsas-and damagesis wvered -thereby. All stieh poli ;-''n.t•ef,Rtain prE>WSions to Elsa a eet fhat in-t#ta-ewrnFe€-payment-of-any-toss or-damage-ttw insurers -will have ne right���t raeovet aga+nsEAny a€ the -insureds -or--ttdditionul-insured-thereunder. OWNER director:�ent ployee�nnci-agents-fciF-t+ll-lo:ses�ind any o tlw-perils-severed by-sush--policies-and-any otheF 44a4ha-44x4_and; in-additian-watve-.4. ueh fighu again t SHhaE7iifrtiGikX r, m.�ci�. tr•-lei {4, EN(; :jki.5t1's Consultants•and-nl} other-persons•or-entities•identified waver. -Hy Party -stt makingeh-waiver-ma}LHave te-tlie-proeaacis u€ insurance -held by OWNER ER s wu..0 ear otherwi,e ►xiynble-under-any-poi icyso•is sued- against C-O-1TRAGT012, Subcoiitmctcxs; EN �FEEIt-�tO Rr) Iis-Eomttttants-Itnd-tHa otlicers,-directors-employees-and-agents-of-a iiy-ol' them -for: 311 .1- 10a0 due to ass ias 1 intznitptietx less of'-use-oFoth�x�mns<quenE ial-liras-extending beyond-d'vact physical-loss-ur-damage-to arising -out -of or-resulting-from-fire-or-otlier-peril; whether-or-nut-instired-by-OWNER and 5-l-1-2-�-1oss-or-clam age-to-Eha-scx» plated FKijaol-c�pttr�-tlterdE�sticlsefl-by-ttristt�-oat-efor rasultilig-from-fire•or--other-imured-peril-covered by—any'-PrApat#y-insunancd-mninkaina, t.,-v.-,-t.'-ti cem.ple eraol-f�v-O414�1 during- partied-utili mtlon-pursutmt-to parHgaph-14;10--after-Substantial-C-ompletioh pursuant-to-peiragraph-148-or-aller-Eared-payment piii$ii'art to ....-...... ph 14. ! 2 Art), ins peliby-niby 03AV146evarir>b laf t dAi in the-rvenl 4-paynta _ consequential-!c' t rMar.i—.rncaW5-wlll-vwel rl8-rtg.��-of recovery -ago inst-any-of-GUNTRAGTOR-Subcontractors; sukants and the otliurs; Receipt andAppGtution oflnsurance Proceet6: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payablc to OWNER as fiduciary for the insureds. as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNiER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13, OWNER as fiduciary, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of lass to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers in 0 s. Acceptance of l3ondc andInsurance; Option to Replace: i.14. If either -patty EOWNE OWNER has any objection to the coverage afforded by or other provisions of die Bonds -or insurance required to be purchased and maintained by the other —party CONTRACTOR in accorcb ice with Article 5 on the basis of nonconformance with the Contract Documents, the objecting-partyshall-so-notify-the-other-pariv OW TER will notify COiNUZACTOR in writi% within ten, fifteen days after receipt dclivc , of the certificates (or -other -evidence requested) to QWNGR_ a required by paragraph 2.7. nrlm:�.�i-.mac-a other-such-additional-uifomiation-in-respect-oFinsurance provided-as-the-other-may-reasonably-requast—lf either party-does-not-purchase-or-maintain-till-o[ the -Bonds -and insurance--rujuired-of-such-party-by-dw-Contract Documents, sueh patty- shall tv-iit wa-i6rg-of-such-failure-te-purchase-prior-to-the-start-of-the �4tir(reiFoFsash frtilara to maintain prto�to any shange-4p tliegttirrd sevr a .Withoutr-righE or-remedy-the-other-party-may-alect-to-obtain-equ ivtdent Bonds-or-insurance-to-prot,ect-slue:h•odw-partyes-interests•tit the-expense-of-this-pnr-tv-who-wwiis-reclu ired-to-provide-such eciveffige; and a Gar Order. Borltract-price•awordingly- Partial Utilization -Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENEK,% CONDITIONS 1910-5 f 1990 Edilim j w/ CUT 01; FORT COLLINS MODIFICATIONS (RLV,IP-000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. AKI' IC IA. 6-CONTRACTOR'S RESPONSIBILITIES Supenrision and.Superintendence: 6.1, CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, method~, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means. method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR. shall be responsible to sec that the completed Work complies accurately with the Contract pocumcnts. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and i NGMEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the siteand shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, 11aterials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct die Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no Icss than 49 hours in advance of anv Work to be performed on Saturday, Sunday, Holidays or outside the Regular Workirte Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing_ Restrictions: CON'TR-ACI'OR must comply with the Citvs purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the Citv Clerk's office. 6.4.2. Cement Restrictions: Citv of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6,5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CON-rRAC OR shall furnish satisfactory evidence (including report-, of required tests) as, to the kind and quality of materials and equipment. tW materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instruction..- of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6, CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicakd in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or ,Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requrements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Nfilestones) shall be submitted in accordance with the requirements of paragraph 12.I. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. ' 6.7. Subs7itutesand "Or -Equal" Items 6.7.1, Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a articular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCUC GENERAL CONDITIONS 1910-5 0990 Edition) 12 w/ CITY OF FORT COLLINS blODIFICATiONS (REV 4R--000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal": If in ENGINEI R's sole discretion an item of material or equipment proposed by CON'1'RACI'OR is functionally equal to that named anal sufficiently similar so that no change in related Work will be required, it may b6 considered by ,ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEEWs sole discretion, he accomplished without compliance with some or all of the requirements -for acceptance of proposed substitute items. 6.7.1.2. Substitute Menu: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CON TRACTOR shall submit sufficient information as provided below to allow FNGTNEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGHgEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not he accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute.will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and accxptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will recptire a change in any of the. Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute kom than specified will be identified in the application and availuble maintenance. repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors affected SECTION 00100 INSTRUCTIONS TO BIDDERS by the resulting change, all of which will be considered by ENGNEER. in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONM4CTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Cunstrurtion AfethocG or procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method. technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER'S sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6-7.1.2. 6.7.3. Engineer's F.valtration: FNGfNEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.1.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal' or sulmitute will be ordered, installed or utilized without ENGINE'E.R's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWN[ R may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGNEER will record time required by ENGINMER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.1.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) dxdnsioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGNEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to . OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute. against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CON'I'RACfOR has reasonable objection. EICDCGENER NL CONDITIONS 1910-S (1990 E(fitioa) ail CITY OF FORT COLLINS MODIFICATIONS (RL•"y 4P000) 6_9. CONTRACTOR shall perform not less than 20 percent. of the Work with its own forces (that. is, without subcontracti ia). The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. lf--the Supplenmentaiv Gonditions Bidding Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in -advance -of -the -specified data prior to the Effective Date of the Agreement for acceptance by OWNER and F.,NGINEER—and—if ed—a— list —thereraf—in t eeNdame—wit#r-the St}p{�letnentufy—ConEGtienr, OWNE:R's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of nn�such-Subsoatrncto�Supplier--dx--other-person-er lv,r.".,.,_; t_c raasenabte-abjestien-a#er-due investigation, aed,d ptable—salt titttt therttruet—Priee—wifl—be adjusted by the-test-caetsh3ned by such-substitution-and-an-appropriate-6hange-Order . will constitute a condition of the Contract re uq iring the use of the named subcontractors, suppliers or other persons or organization on the Work unless prior written approval is obtained from OWNER and ENGINI E,R. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject dlefective Work. 6.9.1. CONTRACTOR shall be fully responsible to MINER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. ?Nothing in the Contract Documents shall cre,ite for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENG VEER and any such Subcontractor, Supplier or other person or organization. nor shall it create any obligation on the part of O\XWER, or ENG WEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may. furnish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organirntions performing or furnishing any of the Work under a direct or indirect contract with CON'I'RA(-I'OK. COMI'RAC'I'OR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing an of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable tents and conditions of the Contract Documents for the benefit of OWNER and 6INGINEER. When•• --any su raa ee.. Pt fan additienHl-t untnee-provided in r rrt'rn{ths - I or 5.7, ha --agreement he :yee n-th GOTONTR-,�16TnR: and -the Suix:tntractor--tx Supplier -will cventsirt Ixewisicrz4 trheral>y-the"Subeffitraeter of supplief vvntyas-nll-rhtt-agptttt-�}L13,jHR, rn�rrunr•rnv kil�IE+INccv,�,,,�_F�.��,.,.�.,.tr_ c srccn�or •,.:..^�knntr.-card-n11-e41teF ,o.,.,,-i,~��.�A „i,._,.,c,. � :s-a+td-dentage�„�.ed-1� arising -out ef�resultittg-frottt-arty-of-t}ta-perils-eovarrd-by SHC A the-Work.—if-the-insurers-on-any-such-IxAicier-require setxerfttz�vairer-fFxms tame -sign I Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent right- or copyrights held by others. If a particular invention, desi6nt, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGTNEL•R its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnifv and hold harmless OIVNER, ENGINEER, ENGINEER's Consultants and the officers, directors• employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design. process, product or device not specified in the Contract Documents. EJCDCOENEY.ALCOND1770NS19IM(1990Editicnl 14 nI C1'IY OF t--ORT COLLI NS h10DII; I CA'rIONS (KL'y.1/ 000) Permits: 6.13. finless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental cli<arges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws andRegulakvns: 6.14.1. CON'1RAC't'OR shall give all notices and comply with all haws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNFR nor FNGINF.FR shall he responsible for monitoring CONTRACfOR's compliance with any Laws or Regulations. 6.14?. if CONTRACTOR performs any Work knowing or having reason to knoiv that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, cost-, losses and damages caused by, arising out of or resulting therefrom, however, it shall not be CONTRACTOR's. primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not. relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt front Colorado State and local sales and use taxes on materials to be permanently incorporated into the project. Said taxes shall not be included in the Contract Price. CONTRACTOR must apply for. 'and receive. a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be sically incorporated into the project.. This Certification of Exemption provides that the CONTRACTOR shall neither pay nor include in his Bid. Sales and Use Taxes on those building an construction materials olivsicalh• incorporated into the proiect. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All appliatble Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and casements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shrill assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or arras, resulting Gum the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CON'I'RACI'OR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harntless OWNER, ENGINEER, IRNGUsTEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against 0WiNtER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CON'TRACTOR's performance of the Work- 6.17. During the progress of the Work, CONTRACTOR shall keep the premises Gee from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTR_%CTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equiprent and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by MWER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated foralteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that .will endanger it. Record Documents., EX13COENERAL CONDITIONS I910-3 (1990 E(fition) eel C11T OF FORT COLLI IS MODIFICATIONS (RLV 4P000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda. Written Amendments, Change Orders, )York Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9:4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a oounterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents. Samples and Shop Drawings will be delivered to ENGINEER for OWNER, Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety oC and shall provide the necessary protection to prevent damage, injury or loss to: 6,20.1. all persons on the Work site or who may be affected by the Work, 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property st the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR, shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of.adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect then, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage. injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in pout by CONTRACTOR any Subcontractor. Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRAC'ToR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative. CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazarrl Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazardcommunication information required to be made available toor exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies- 6.23. In emergencies atTccting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRAM'OR, without special instruction or authorisation from OWNER or FNGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give FNGINFFR prompt, written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples:- 6.'24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). Allsubmittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGP,,T-ER the materials and equipment CONTRACTOR proposes to provide and to enable 17NGINF-ER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to 1N-GMER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGI;NF'FR to review the submittal for the limited 16 EJCDC GENERAL CONDITIONS 1910$ (1990 Editimj col Cl'lY OF FORT COLLI NS AIODti;I CATIONS (.REV ,IPOO ) purposes required by paragraph6.26. The numbers of each Sample to be submitted will be as specified in the Specification. 6.25. Submittal Procedures: 6._5.1. Before submitting each Shop Drawing; or Sample, CONTRACTOR shall have determined and verified: 6,25.1.1. all field measurements, quantities, dimensions, specified performance criteria. installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.13. all information relative to CONCRACfOft's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto, CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CON`rRAC'rOR's review and approval of that submittal. 6.25.3, At the time of each submission, CONTRACTOR shall rive ENTGHTCER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from die submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 6.26. ENGE\TEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals. accepted by ENGINEER as required by paragraph 2.9. ENG[NEER's review and approval will be only to determine if the items covered by the submittals will, aRer installation or incorporation in the Wort:, conform to the information given in the Contract Documents and be compatible. with the design concept of the completed Project as a functioning whole as indicated by the; Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by -JGLNTEER on previous submittals. 6.2T ENGINEER'S review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR, has in writing called ENGIIN'EER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.23. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by F.NGNF.ER as required by paragraph2.9, any related Work performed prior to f;NGiNEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONE RACTOR. Continuing the Mork: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as WNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's Ceneral fharrantp and Guarantee. 630.1. CONTRACTOR warrants and guarantees to OWNER, E-NIGNEER and ENI GNEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EXUGGENERAL CONDITIONS 1919-8 (1990 EOtion) WICITY 01; FORT COLLI NS MODIFICATIONS (REv 4/10oo) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 630.2.4. use or occupancy of the Work or any part thereof by OWNER; 630 2.5. anv acceptance by OWNER or any failure to do so; 6.30.2.61 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by F'NGfNFFR pursuant to paragraph 14.13, 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of clefecrive Work by OWNER. IndenwificaAon: 6,31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless 'OWiNTER, ENGDIUR, LNG NEERs Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and ,against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attomeys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to tWily injury, sickness. disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any n ugligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or organi7 ion directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGLNrEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR. any Subcontractor. any Supplier, any person or organisation directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whine acts any of them may be liable, the indemnification obligation under paramwaph 6.31 shall not be limited in any way by any limitation on the amount or qTe of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers compensation acts, disability benefit acts or other employee benefit acts. 6.33. 'The indemnification obligations of CONTRACTOR under paragraph6.31 shall not extend to the liability of ENGNEER and ENG iNEER's Consultants. officers. directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Surf-i cal. of Obligations: 6.34, All representations, indemnifications, wan -antics and guarantees made in required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated is the Contract Doc:umrnts, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTFFER WORK Related I4'ork at Site: TL OWNER may perform other work related to the Pro je:t at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are on, to agree ns to the annount or extent thereof. 72. CONTR\C'COR shall allord each other contractor who is a party to such a direct contract and each utility owner (and Ot\rNER, if OWNER is performing the additional work with OWNER'S employees) proper and s.afa access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGfNTEER and the others whose work will be affected. The duties and. responsibilities of CONTRACTOR- under this paragraph are for the benefit of such utility owners and other contractors to the e.\tent that there aree comparable l � EXDCG6'NERAL COND111ONS 1910-8 (1990Edition) wl C1'[Y OF FORT COLLI NS MODIFICATIONS (REV 4P000 provisions for the benefit of CONTRACTOR, in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CUNI'RACTOR's Work depends upon work performed. by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGti E-ER it writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTR4CTOR's failure so to report will constitute an acceptance of such other workas fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: T4:1. the person, firm or corporation who will have authority and responsihility for coordination of the activities anmong the various prime contractors will be identified; 7.4.2.. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3, the extent of such authority and responsibilities will he provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--ONVINER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNTF,R shall issue all communications to CONTRACTOR through ENGTNEER. 8.2. In case of termination of the employment of ENGINEER; OWNER shall appoint an engineer against whom-COl*;TR.AC-T-OR-m akt-s=no-reasonable-object ion; whose status under the Contact Documents shall be that of the former ENGINEER. 83. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4. and 14.13. 8.4. OWNI ER's duties in respect of providing lands and Casements and providing erlgmeermg surveys to establish reference points are set forth in paragraphs 4.l and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing stnmctures at or contiguous to the site that have been utilized by ENGINT EER. in preparing the Contract Documents. shasin1' aacl-mirting-liability-artd-praperty--ins-arcs-sut forth-in-paragrapK%-5-3-through �-1 A- 8.6. OtVNER is obligated to execute Change Orders as indicated in parat aph 10.4. 8.7. OWNMR's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER'S right to stop Work or suspend Work, sce paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate sa'rvices of CONTRAC'f(7R under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for. CONTRAC'I'OR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the Furnishing or performance or the Work. OWNER will not he responsible for COM'RACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 940. esponsibifity ia,= of undi-zlesed 5. r FC-F3& petroleum, u �,,,;ro—or Rftdiomive-ly aterials-unetwered of at -the -site -is set f " Faragmph �hz extent-OWNE orTangemtnts-Itavr-bt�n-mach-to-satisfrOGl�I�s obligati�ya� de; -use•.. . ,..,anal Doe,ae n;,ts G responsibility -in -respect -thereof -will -be -as -sat Forth -in -the Supplementary -Conditions. ARTTCLF.- 9-ENGINFER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER'S representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENO INTER. hints to Site: 9.2. ENGMER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJC:DCOENERAL CONDITIONS 1910-8 (1990 Edtimj w/ CITY 01; PORT COLLINS MODIFICATIONS tRL1%42000) that has been made and the quality of the various aspects of CONCR4C_TOR's executed Work. Based on information obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWIMER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observation-, are subject to all the limitations on ENGINEFR's authoritv and responsibility set forth in paragraph 9.13, and particularly, but without limitation during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct. control or have authority over or be responsible for C01VI'RAC7'OR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative 9.3. If OWNER and ENGINEER agree, ENGINEER. will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 mid -in the Supplamen Conditions of these General Conditions. If OWNM desi6mates another representative or agent to represent OWNER at the site who is not ENGNEER's Consultant; agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the iuppkztttertittry Eericliitem Wriyaph 9.3 of these General Conditions If the ENGNF.FIZ furnishes a Resident Project RzI?resentntive or other :I.ssistants or if the OWNER desismates a Representative or agent, all as provided in paragraph 9.3 of the General Conditions these Representatives shall have the authority and limitations as provided in paragrah 9.13 of the General Conditions and shall be subieetto the following: 9.3.1. The Representative's dealings in matters pertaining to the on -site work will, in general, be with the ENGflgEER and CONTRACTOR But. the Representative will keep the OWNER proMUy advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR 9.3.2. Duties and Responsibilities. Representative will: 9.3.2.1. Schedules - Review the progress schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning ac(xptability. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONI'RA( '['OR such as precunstruction conferences progress meetings and other job conferences and prepare and circulate copies of minutes of meetings. 93.23. Liaison 9.3.2.3.1. Serve as ENGINEER.'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understandini the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or information, when. required, for proper execution of the Work. 9a?3.3. Advise the FNGINF':F:R and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or s-imple submission if the submission has not been approved by the RNGI:NEFR. 9.3.2 4.Review of WorkReiection of Defective Work�Ittsl)ections and "tests - 9.3.2.4,1. Conduct on -site observations of the Work in progress to assist the ENGINEER in detennining that the Work is proceeding in accordance %vith the Contract Documents. 9.3.2.4.3. Accompany visitingins ep ctors representing public or other agencies having jurisdiction over the Proicct record the results of these inspections and report to the ENGINEM- 9.32'S. Interpretation of Contract Documents. Report to ENGINTEER when clarifications and interpretations of the Contract Documents are needxl and transmit to CONTF ACI'OR clarification and interprcuation of the Contract Documents as issued by the ENGINEER. 9.3.2A Modifications. Consider and evalunte CONTRACTOR'S sunixestions for ?� EJCDCGENEKALCONIN17GNS1910-3(1990Editim) n'i CITY OF 1'OR I' COLLINS NIODII'ICATIONS (REV 412000j modification in Drmviu,s or Specifications and report these recommendations to ENGINEER. Accurate►v transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.7. Records. 9.3.2.7.2. Keep a diary, daily report form, or log book, recording hours on the iob site, weather conditions data relative to questions of work directive changes, Change Orders, or chanced conditions, list of job site visitors, daily activities, decisions observations 'in ocncral and specific observations in more detail as in the caw of obsarvin test procedures: send copies to the ENGINEER. 9.3.2.23. Record names addresses and telephone numbers of all CONTRACTORS, subcontractors and for suppliers of equipment and materials. 9.3.2.8. Reports, 9.3.2.8.1. Furnish ENG [N --ER periodic reports, as required, of the progress of the Work and of the CONTRACTORS compliance with the progress schedule and schedule of shop Drawing and sample submittals 93.2,5.1 Consult with FmrrhmER in advance of scheduling major tests inspections or start of important phases of the Work. 9.3 2.5.3 Draft proposed Change Orders and Work Directive Chan, obtaining backup material from the CONTRACTOR and recommend to ENGMEER Change Orders, Work Directive Chanaes and field orders 9.32.8A. Report immediately to ENGINEER and OWT JER the occurrence of any accident. 93.2.9. Pavment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ENGINEER noting particularly the relationship of the `rayment requested to the schedule of values work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Cora leP lion: 9.3 2.10.1. Before L"i 1GTNEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring correction or completion 9.3 2.10.2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommen&ations to ENGINEER concemine acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, utilz. authorized�y the ENGINEER. 9.3.3.2. Excccd limitations of ENGINEER'S authority asset forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR- Subcontractors, or CONTRACTORS superintendent. 9.3.3.4. Advise on. or issue directions relative to or assume control over any=aspect or the means methods, technicl p-s, sequences or procedures for construction unless such is ppecifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions rzglyding_or assume control over safety_ precautions and pro ams in connections with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR_ 9.3.3.7. Authorize OWNER to occupy the lVork in whole or in part. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others eecept as specifically authorized by the ENGINEEK Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EXI)CGENERAL CONDITIOM 19I0-S 0990 Etitimj w! CITY 01; FORT COLLINS MODIFICATIONS (REV 9IZ000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGTNT U R may determine necessary. which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CON"TRAC'TOR_ If OWNER or CONTRACTOR believes that a written clarification or interpretation j(astities anadjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof if any. OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or Article 12. Authorized Variations in Work: 9.5. ENGINFER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contact Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes_ that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, Olb'NER or CONTRACTOR may, make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGNEER believes to be defective, or that ENGNEER believes will not produce a completed Project that conforms to the Contract Dcx:wnents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGNEER will also have authority to require special inspection or testing of the Work as provided in paraaaph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Pajmeents: 9.7. In connection with ENGNEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.& In connection with ENG rNEER's authority as to Change Orders. see Articles 10, 11. and 12. 9.9. In connection with ENGLNEERs authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINF;F,R's preliminary determination on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENG tINrU-R's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNTER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINFER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit 'GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Di puter 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Wort: or the interpretation of the requirement- of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to.FNGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the clainant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to HNGiNEF:R and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support. of such claim, dispute, or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless- ENGTNF.F.R allows additional time). ENGINEER will render a formal decision in writing within thirty days alter receipt of the opposing party's submittal, it any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an,appeal from ENGINMR's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGIN`E.ER's written decision is delivered by OWNER or CONTRACTOR to the other and to lNGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such MI)C GENERAL COND111ONS 1910-8 (1990 Edition) �2 col CITY OF FORT COLLI NS INIODIFICAuONS (REV 4P0W) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good ti'tith in such capacity. The rendering of a decision by L'iVGINEER pursuant to paragraphs 9.1 U or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of fatal, payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter -pursuant te-\Fuele46. 9.13. Limitations on ENG(NEER's Authority and Responsibilities. 9.13.1. Neither EN'GiNEFR's authority or respximsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking atercise or performance. of any authority or responsibility by ENGNF.ER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organimtion,.or to any surety for or employee or agent of any of them, 9A3.2. ENGINEER will not supmise, direct, control or have authority over or lie responsible for CONTRACTOR's means, methods, tecluiiques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGTNT'ER will not be responsible for CONTRACTOR's failure to perform or furnish the Work at accordance with the Contract Document-. 9.13:3. ENG tNEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review oftho final Application for Pavment and accompanying documentation and all maintenance and operating instructions, schedules. guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests anti approvals that. the results certified indicate compliance with. the Contract Documents. 9.13.5. The limitation- upon authority and SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in* the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. Rev 10/20/07 Section 00100 Page 1 responsibility set forth in this paragraph 9.13 shall also apply to 1:14CMER's Consultants, Resident Project Representative and assistants. ART ici,E 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time. order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the eRtenL if any, of an adjustment in the Contract Price or an adjustment of the Contract T imes that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I i or Article 12, 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract T times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1, changes in the Work which are (i) ordered by OWN[ R pursuant to paragraph W.1, (ii)required beumuse of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties: 10.4.2; changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.43. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11, provided than, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents ExDCGENERAL coNurnoNs 191" 0990 E,filion) cal C1TY 017 FORT COLLI NS MOD111CATIONS (REV 4P000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR'S responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II —CHANGE OF CONTRACT PRICE 11.1. The Contract ['rice constitutes the total contpcn.-.ttion (subject to authorized adjustments) payable to CONTRACTOR for perfbmlutg the Work. All duties. responsibilities and obligation-, assigned to or undertaken by CONTRACTOR shall beat CONTRACTOR's e,pense without change in the Contract ['rice. 11.2. The Contract Price may only be changed by a Change Order or by a Written Antendrncnt Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the. claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the startof such occurrence or event (unless Fi`TGiNF.ER allows additional time for claimant to submit additional or more accurate data i i support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGNEER in accordance with paragraph 9.1 1 if OWNER and CONTRACTOR cttnnol otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 112. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11:3.1. where the Work involved is covered by unit prices contained in the Contract 'Documents, by application of such unit -prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.93, 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); 11.33. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRAC'I'OR's fee for overhead and profit (determined as provided in paragraph 1 1.Cr). Cost of the Work: 11A. The term Cost of the Work means the suns 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: 1 lA.l. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall he apportioned on the basis of their time spent on the 11%ork. Payroll costs shall include,Aut•not be lint ited to; salaries and wages plus the cost of tinge benefits which shall include social security contributions,. unemployment, excise and payroll taxes, workers' compensation, health and -retirement benefits, bonuses; siekktwc; Yee ticm and helidaN, Pw applicable thereto. The exlx-uses of perforating Work alter regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds .and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained.. 11.4.3. Paymcnts made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EJCDCGENERALCONOMONSI910-8(1990Eeitim) �4 w/ CITY OF FORT COLLI NS DIODIIICA'nONS (RLV 4T1000) 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 ENGMER which bids, if any, will be accepted. if any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR'S Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories. surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work, 11.4.5.2. 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 CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGMI -ER: 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 ucts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amount~ of property insurance established by OWNI ER in accordance with pargnaph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTORSs fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fact and sanitary facilities at the site. 11 A.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. 1 1.5. The term Cost of the Work shall not include any of the. following: 11.5.1. Payroll costs anal other compensation of CONTRt\CTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, arcNtects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeeper.-,. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4=all of which are to be considered administrative costs covered by the CONTRACTORS 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 CONTRACTORSs capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for ull Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.59 above). HJCDCOENERAL CONDITIONS 1910-3 (1990 Ettilion) a/ CITY Oh FORI- COLLI NS h10DIFICA,r1ONS (Rn IrOOO) 11.5.5. Casts 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 ckfective Work. disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general excpense casts of any kind and the costs of any item not specifically and expressly included in paragraph 11 A 11.6. The CONI'RACrOR's fee allowed to CONTRACTOR for :overhead and profit shall be determined as follows: 11.6.1. a mutuallyacceptable Fixed fee: or 11.6.2. if a Cued fee is not agreed upon, then a lee Imsed on the following percentages of the various portions of the Cost of the Work: 1IA2.1, for costs incurred under paragraphs 11.4.1 and I I A2, the CONf RACI-OR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRAC:TOR's fee shall be five percent: 11.623- where one or more tiers of subcontracts are on the basis of Cast of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 1 1.4.2„ 1 1.4.3 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 cost-, 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 Cee-af-five percent af-the amamE-paict-to the•txxt-lewertier-Sulx untrttctor, to be negotiated Li good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, l 1.4.5 and I I.S; 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 CONERACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11.4 and 1 L5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGM—ER an itemized cost breakdown together with supporting data. Cash Allowances: I I.S. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OIVNFR and ENGINEER. CONTRACTOR agrees that: 11,8.1. the allowances include the cost to CONTRACrOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and I I.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 Price and not in the allowances and no demand for additional payment on account or any of the foregoing will bo valid. Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9- Unit Price Work- 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9,1 U. 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 CONfRAC rOR may make a claim for an adjustment in the Contract Price in accordance with Article l 1 if. 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EJCDCUENERAL COND111ONS 1910-$ (1990 Edition) 26 wJ Ct'ry OF FORT COLLINS MODIFICA'r10NS (REV 4l2000) and 1.19.3.2. there is no corresponding adjustment with respect to any other item of Work; and 119.33. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional e.Vmw or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so lone as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. Affl ICLE: 12--CHXNGF. OF C0NTRwT ,ruvu,.S 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claun for an adjustment of the Contract Times (or N,filestoncs) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (hut in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall he delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of die 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 emitted as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by FNGINF.F..R in accordance with pamgraph 9.11 it OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 123. 1Vhere CONTRACTOR. is prevented from completing any part of the Work within the Contract Times (or Nfilestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, Fires. floods, epidemics. abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or ivtilestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Tunes (or (Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNNER be liable to CONtTRACTOR, any Subdzmtractor, 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 CON'rRACI'OR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics; abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE: 13—'ruvrs rtNND INSPECTIONS; CORRECTION, RUMO AL OR ACCE:P7'ANNCE: OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or FNGINFFR have actual knowledge will he given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this article 13. Access to Work: 13.2. OWNER, ENGLVEER, EN IGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies withjurisdictionnl 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_ Tess and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tells or approvals. and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pity for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 119 UMCOENERAL CONDI om i910-s (logo E(itim) "ICITY 01; FORT COLLINS MoDimc vrtONS (11,EV MZ000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereot) specifically to be inspected. tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections. tests or approvals, pay all costs in connection therewith, and famish F.',NGINEER. the required certificates of inspection or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINE R's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submittal for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concwrcnce of FNGINFFR, it must, if requested by FaNGINU R, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACI'OR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOWs expense. 13.9. if FNt GINF,F,R considers it necessary or advisable that covered Work be observed by ENGINEER or inspected ar tested by others. CONTRACTOR, at ENGINEERS request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costa losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof; may make a claim therefor as provided in Article 11. If, however, such Work is not found to be cd,/ective, CONTRACTOR shall be allowed an increasein the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, e..poo't re, 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 I and 12. 010VER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fads to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been elimimted; 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 RACTOR or any surety or other party. Correction or Removal ofDefeedve Work:. 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. C6N1'R,ACI'OR sktll pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all casts of repair or replacement of work of others). 13.12. Correction Period• 13.12.1. If within one year- 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 tennis 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 cfeetive, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisf- actorily 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 imtructiom, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced acid all claims, costs, losses and damagescaused 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 wherea particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the. correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 13.12.3. Where defective Work (and damage to other EXDC OSNE'RAL CONDMON51910.8 (1990 Edition) 2S nt CITY OF FORT COLLI NS MODIFICATIONS (RLV-1P000) 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 en -yeaf two vears after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work. 13.13. If. instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENOIN- EER as to reasonableness). If any such acceptance occurs prior to ENGINEFR's recommendation of Final payment, u 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,, OIAIi IER 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. 0IDNER.11aF CorrectDefeetive Work. 13,14. If COi ITRACCOR 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 1111, or if CONTRACTOR fails to perform the Work. in accordance with the Contract Documenm or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR; correct and remedy any such deficiency. In exercising the rights and remedies tinder this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWN R may exclude CONTRACTOR from all or rrt of the sitq take possession of all or part of the Work, and suspend CCNTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR. but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees. OWNER's other contractors and ENGINEER and LNGUEER.'s Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph fdl claims; costs, losses anddamages incurred or sustained by OWNE-M in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, acts, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by Ok\TIER of 01VNERs rights and remedies hereunder. ARTICLE 14--PAYINEENTS TO CONTRACTOR AND COMPLETION Schedule of halues: 14.1, The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progresc Payment: 14.2, At least twenty days before the elate established for each progress payment tout not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONI'RAC'1'OR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the. Work but delivered and suitably stored at the site or at another location 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 OWNIER's interest therein, all of which will be satisfactory to OWNER. The amount of rctainagc with respect to progress pxayanents will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any am ements involving an escrow or custodianship.:I3y exzcuting the application for pravment form the CONTRACTOR expresshv waives his right to the benefits of Colorado Revised Statute----, Section 24-91-Itll. el seq. C01VTR4CT0R's Warranij+ of Tide: 14.3. CONTRACTOR warrants and guarantees that title to all Work, 'materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens, Review of.4pplieations for Progress Payment: 14.4. ENGINTEER will. within ten days after receipt of each Application for Payment, either indicate in writing.a EJCUC GENERAL CONDI7 ONS 1910-3 (1990 E(fition) AV/ CITY Of FORT MUMS MODIFICA,rIONS (REV J0000) - recommendation of payment and present the Application to O1«=ER or return the Application to CONTRACTOR indicating in writing ENGLNEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 'fen days after presentation of the Application for Payment to OWNER with ENGINTEERs 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. FNGINFFRs recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINI-.ER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified desitm professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER'S knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5:3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the rcaponsihilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues benvein the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEERS 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 furnish Work in accordance with the Contract Documents. 14.7, ENGI NEER may refuse to recommend the whole or any part of any payment if. in ENGII TEER's opinion it would he incorrect to make the representations to 29. OWNER referred to in pamgmph 14.5. ENCINTER 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 is may be necessary in ENG[NF.ER.'s opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written amendment or Change Order, 14.7.3. OWIR has been required to, correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. L-IGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs ,15.2.1 through 15.2.4 inclusive, OWNER may refuse: to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACrOR's performance or furnishing of the Work, 14.7,6, Liens have been filed in connection with the Work, eeceIit where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to securc the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWVNF.,R to a sct- offngainst the amount recommended or 14.7X OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.71 through 14.7.3 or pa ragmphs 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 Subm nt4al Completion: 14.5. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request than 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. ENGL EER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER ;� UCDCGENER L COND11IONS 1910-S (1990 Editim) e'/ CITY OF FORT' COLLI NS MODIFICATIONS (REV 412000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fir the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before firml payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to L•N TUNEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGR SEER will within fourteen days after submission of the tentative certificate to OWNER notify CON TRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially conipletc; ENGINEER %ill within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any ohjections 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 FNGINEER in writing prior to FNGIN6FR's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommemkiition will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shrill have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Udlizadon: 14.1 f1. Use by OVNER at OWNF,R's option of any substantially completed part of the Work, which: (i) has specifically been identi fed 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.I0.I.0WWNER at any time may request CONTRACTOR in writing to permit OkWINER to use any such part of the Work which OWNER befieves to be ready for its intended use and substantially complete. if CON"TRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will cettifv 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 pan of the Work. CONTRACTOR at any time may notify OWNER and OqG DMER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and requestL`iTGL\TEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and LNGI'i IEGR shall make an inspection of that pit of the Work to determine its status of completion If ENGLNEER.does not consider that part of the Work to be substantially complete, ENGINEER will notifi% OWNER and CONTRACTOR in writing giving the. reason% therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14,8 and 149will 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 parnm. ph 5.15 in respect of property insurance, final bi.yrecdon: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, LNGINEER will make a final inspection with OWNER and CONTRACTOR. and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final: application for Pgrnient: 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 piaragmph -5A, certificates of inspection, marked -up record documents (as provided in paragraph G.19) and cxher documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (u) consent of the surely, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNTER or OWNER's property might in.any way be responsible have been paid or otherwise satisfied, If any Subcontractor or Supplier fails FJCDC GENERAL CONDITIONS 191" (1990 Edition) e/ CITY OF FORT COLLI NS hIODIFICA'rIONS tREV dP000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OIV14ER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Project manual. Final Payment and: acceptance: 14.1'3. If, on the basis of EN GINEERs observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying, documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has, been completed and CONfRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing i-NGINEER's recommendation of paymient and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONi'RACI'OR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will recur the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to Mggraph 17.6.2 of these General Conditions. 14.14. If; through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGN MR. and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. if the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGMER with the Application fur 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. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1.a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Lien-, from defecrive Work appearing after final `inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CO\TTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 1S-SUSPEti'SION OF 1VORk AND TEWMINATION 0M ER Mqv Suspend IVurk: 15. L At any time and without cause. OWNER may su end the Work or any portion thereof for a period of not. more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will he 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 'finks 'or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER b/ay 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); 15.2.2. if CONTRACTOR disregards, Laws or Regulations of any public body havingjurisdictiom I5.2.3. if CONTRACTOR disregards the authority of ENGINEER, or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR front the site and take possession of the Work and of all CONTRAC'rOR's took appliances, construction exluipment and machinery at the site and use the same to the full extern they could be used by CONTRACTOR (without liability to CONI'RAC'fOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EXI)C OENMAL CONDI,rioNs 19 t" (1990 Editim) 32 W1 CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) CONTRACTOR but which are 'stored elsewhere, and finish the Work as OI\ri\IERmay 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, costs. losses and damages sustained by OWNER arising out of or resulting from completing* the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasunableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies tinder this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER the termination will not affect any rights or' remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CON"fRACfOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such cast:, CONTRACTOR. shall he maid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of tenuination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective (late of termination in perforating 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 (Homages incurred in settlement of terminated contracts with Subcontmctors, Suppliers and others; and 15.4A. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR Mi y Stop Ihbrk or Terminate. 15.5. IC through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (lays by OWNER or under an order of (curt or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to ply CONfRACI'OR any