HomeMy WebLinkAboutRESPONSE - BID - 7289 FOSSIL CREEK TRAIL AT STANTON CREEK1
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City of
Fort Collins
Purchasing
Financial Services
Purchasing Division
215 N. Mason St. 2n4 Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
tcgo v. corn/purcha sing
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
FOSSIL CREEK TRAIL AT STANTON CREEK
BID NO. 7289
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
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ME GENERAL NOTES FCR PCYE IKORIATION.
General Notes:
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structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents
fortkritrpategrsphs-5-5Ehreugh-5:1&
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER'S responsibility in respect of certain
inspections, tests and approvals is set 'forth in
paragraph 13.4.
&S. In connection with OWNERS right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with O WER's right to terminate
services of CONTRACTOR under certain circumstances
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents.
8.10.—OWNER4s-respo sibaity-in resptmdtsolaaed
P"aaelive Materials uncovered of revealed at the site 69
rnwrro Arrno _
arrantgentertts�hava—bz<w—matte—�te—satisfy—01�4JE'[�s
respotsibilitJ in fesptet FFroret will be as sei fotih-in-tpw
Supplamantety Eonditions
ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
O WAT-R's Representative
9.1. ENGINEER will be OWNER's representative
during the construction period The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER
Vats to Site:
9.2. ENGINEER will make visits to the site at intervals
MEte to thevarious stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EXMC GENEKAL CONDITIONS 1910.8 (1990 Edtim)
wt CITY OF FORT COLW NS MODIFICATIONS (REV 4r2000)
that has been made and the quality of the various aspects
of CONTRACTOR' executed Work. Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents ENGINEER
will not be required to make exhaustive or continuous on'.
site inspections to check the quality or quantity of the
Work. ENGRJEER'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 &fecthe Work. ENGINEER's
vests and on -site observations are subject to all the
limitations on ENGINEWs authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on -site
visits or observatic s of CONTRACTORS Work
ENGINEER will not supervise, direct, control or have
authority, over or be responsible for CONTRACTORS
meats, 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 hi nish.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 find in the Supplem
Conditions of these General Conditions. If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGINEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided -in the_9upplementaty Genditie Mramaph 9.3
9.3.1. The Representative's dealings in matters
pertaittittg to the on -site work will in central, he with
the ENGINEER and CONTRACTOR But. the
Representative will keep the OWNER properly
advised about such matters. The Representative's
dealings With subcontractors will only bethrough a
with the full knowledge and approval of the
CONTRACTOR
9.3.2. Duties and Responsibilities Representative
will:
93.2.1.5chedules - Review the progress
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schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability.
9.3.2.2. Conferences and Meeting - Attend
meet ng with the CONTRACTOR such as
lxeconstructjon conferences, progress meetings
and other job conferences and prepare and
circulate conies of minutes of meetings.
9.3.2.3. Liaison
9.3.23.1. Serve as ENGINEER'S liaison
with CONTRACTOR working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents
9.3.2.3.2. Assist in obtaining from OWNER
additional details or information when
reauued for proper execution of the Work.
9.3.?.3.3. Advise the ENGINEER and
CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or
sample submission if the submission has not
been aprxoved by the ENGINEER
9 3.2 4.Review of Wodc. Rejection of Defective
Work Inspections and Tests -
9.3.2.4.1. Conduct on -site observations of
the Work in pmrress to ass st the ENGINEER
in determining that the Work is proceeding in
accordance with the Contract Documents.
9.3.2.4.3. Accomvanv visiting inspectors
reprewnting public or other agencies having
lunsdicuon over the Project, record the'results
of these inspections and report to the
ENGINEER
9.3.2.5. Interpretation of Contract
Documents. Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and interpretation
of the Contract Documents as issued by the
AM9115a91c7
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
EKDC GENERAL CONDITIOM 1910-5 (1990 EMM)
70 mW CITY OF FORT COLLINS MODIFICATIONS (REV 4r1000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER
9.3.2.7. Records.
PNWWMW�w
2.8.1. Furnish ENGINEER periodic
reports, as required of the QrrtVess of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of shoo Drawing and sample
IM..0
9.3.2.8 2. Consult with ENGINEER in
advance of schedulirdp major tests
inspections or start of N--Ziutt phases of the
Work.
9.3.2.8.3. Draft proposed Change Orders
and Work Directive Changes obtaining
backup material fmm the CONTRACTOR
and recommend to ENGINEER. Change
Orders Work Directive Chartres and field
orders
9.3:28.4. Report immediately to
ENGINEER and OWNER the occurrence of
any accident.
9.3.2.9. Pavment Requests. Review applications
for M mem with CONTRACTOR for compliance
with the established procedure for their
submission and fonvnrd with recommendation to
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I
tENGINEER nctine particularly the relationship of
the pavment requested to the schedule of valum
work completed and materials and eau lm ant
delivered at the site but not incotnaatecl m the
Work
9.3.2.10. Completion.
'
9.3.2.10.1. Before ENGINEER issues a
Certificate of Substantial Completion submit
to CONTRACTOR a list of observed items
reguuira: correction or completion
9.3.2.10 2. Conduct final inspection in the
company of the ENGINEER OWNER and
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CONTRACTOR and prepare a final tut of
items to be corrected or completed.
9.3.2.10.3. Observe that all items on the
final list have been corrected or completed and
'
make recommendations to ENGINEER
concerning acceptance.
9.33. Limitation of Authority: The Representative stall
'
not:
9.3.3.1. Authorize any deviations from the
Contract Documents or accept any substitute
materials or equipment unless Authorized by the
'
ENGINEER
9.3.3'2. Exceed limitations of ENGINEER'S
authority as set forth in the Contract Documents
9.3.3.3. Undertake any of the responsibilities
of the CONTRACTOR_ Subcontractors or
CONTRACTOR'S superintendent
9.3.3.4. Advise on or issue directions relative
to, or assume control over any aspect of the
meals, methods, techniques, sequences or
'
pmcedures for consaviction unless such u
specifically called for in the Contract Documents
9.3.3.5. Advise on or issue directions
reearding a assume control over safety
'
txecautions and programs 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
Work in whole or in part.
9.3.3.8. Participate in specialiad field or
laboratory tests or irn�ectiam conducted by others
accent as specifical(v authorized by the
ENGINEER
'
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EXW GENERAL CONDITIOM 19104 (1990 Edtim)
w/ QTY OF FORT COLLINS MODIFICATIONS (REV 42aa0)
requirements of the Contract Documents (in the fomt of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR If OWNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Times and the parties are unable to agree
to the amount or extent thereof if any. OWNER or
CONTRACTOR may maim a written claim therefor as
provided in Article II or Article 12.
Authorized lrariadonsin Work.
U. ENGINEER may authorize mirror variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Pr6ject 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 Wort: involved
promptly. If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article I I or 12.
Rejecting.Defec&e Work
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective,
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13 % whether or not the
Work is fabricated, installed or completed.
Shop Drawings. Change Orders and Paymena:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples; see paragraphs 6.24 through
6.28 inclusive..
9.8. In connection with ENGiNEERs Authority as to
Charge Orders, see Articles 10, 11, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinattonsfor Unit Prices
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
1141
I
for Payment or otherwise). ENGINEER's written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such decision either OWNER or CONTRACTOR
delivers to theother and to ENGINEER written notice of
intention to a� 1 from ENGINEER's decision and: (i) an
appeal from ENGINEER's decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement', entered
vino 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 ENGiNFWs decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR Suchappeal will not be subject to the
procedures of paragraph 9.11.
Decisions on Disputer
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Times will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph
Written notice of each such claim, dispute or other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or
event giving rise thereto, and written supporting data will
be submitted to ENGINEER and the other party within
sixty days after the start of such occurrence or event unless
ENGITS)EER allows an additional period of time for the
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
ENGINEER will render a formal decision in writing within
thirty days after receipt of the opposing party's submittal, if
any, in accordance with this paragraph ENGINEER'S
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENGUTEER's decision is taken
within the time limits and in accordance with the
redures set forth in EXHIBIT GC -A, "Dispute
Rlution Agreement', entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER'S
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such decision and a formal
proceeding is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights or remedies
as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
EICDC GENERRAL CONIXTI ONS 1910-5 (1990 EIStim)
72 wf aTY OF FORT COLLIM MODIFICATIONS (REV 4R000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR
9.12. When functioning as interpreter and judge under
peragmphs9.10 and 9.11, ENGINEER will not show
pmtiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14.15) will be a condition pr to any
exercise by OWNER or CONTRACTORof C uucch 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 putsueaEte tktisle 1a.
9.13. Limitations our ENGIAEER's Authority and
Responsibilities:
9.13.1. Neither ENGINEER'S authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaker �g exercise or performance of any authority
or nsponsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them.
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's means. methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Work. ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract
Documents
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of airy other person or
organization performing or furnishing any of the
Work
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspectiois, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and
responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER'S Consultants, Resident Project
Representative and assistants.
ARTICLE 10—CHANGES IN THE 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 sued
document, CONTRACTOR shall promptly proceed with
the Wok involved which will be performed under the
applicable conditions of the Contact Documents (except as
otherwise specifically provided).
102. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 1 I or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
Tplanente fas provided in paragraphs 3.5 and 3.6, except
he case o[ an emergency as provided in paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10A.L changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (u) required
because of acceptance of defective Work under
paragraph 13.13 or correcting rkfeetive Work under
paragraph 13.14, or (ii) agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
Tines which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9.11;
provided that, in lieu ofexecuting arty 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 Regulatiors, but during any such
appppeeaal, CONTRACTOR shall carry on the Work and
adlnae to the progress schedule as provided in
paragraph 6.29
10.5. If notice of any change affecting the generalscope
of the Work or the provisions of the Contract Documents
EX'DCOEtaEM CONDITIONS IVIos (1990 Edam)
w/ QTY OF FORT C'OLUNS NODIFICA171ON3 (REV 42000)
(including. but not limited to. Contract Rice or Contract
Times) is required by the provisions of any Bond to be
Kan to a surely, the givin$. of any such notice will be
NTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
ARTICLE 11—CHANGE OF CONTRACT PRICE.
I1.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work. All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTOR's expense
without change in the Contract Price.
11.2. The Contract Price may only be changed by a
Change Order or by a Written Amendment Any claim
for an adjustment in the Contract Price shall be based on
written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim. Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
that the adjustment claimed covers all known amounts to
which theclaimant is entitled as a result of said
occurrence or event All claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 9.1 t if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved: No claim for an adjustment in the Contract.
Price will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The'value of any Work covered by a Change
Order or. of arry claim for an adjustment in the Contract
Price will be determined as follows:
11.3.1. where the Work involved is covered by unit
prigs contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
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paragraphs 11.9.1 through 11.9.3. inclusive);
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
11.3.2. where the Work involved is not covered by
CONTRACTOR and shall deliver such bids to
unit prices contained in the Contract Documents, by a
OWNER who will then determine, with the advice of
mutually agreed paymentbasis, including lump sum
ENGINEER. which bids, if any, will be accepted. If
(which may include an allowance for overhead and
any subcontract provides that the Subcontractor is to
profit not necessarily in accordance with
be paid on the basis of Cost of the Work plus a fee,
paragraph 11.6.2):
the Subcontractor's Cast of the Work and fee shall be
determined in the same manner as CONTR4CTOR's
11.3.3. where the Work involved is not covered by unit
Cost of the Work and fee as provided in
prices contained in the Contract Documents and
paragraphs 11.4, 11.5. 11.6 and 11.7. All
agreement to a lump sum is not reached under
subcontracts shall be subject to the other provisions of
paragraph 11.3.2. on the basis of the Cost of the Work
the Contract Documents insofar as applicable.
(determined as provided in paragraphs 11.4 and 11.5)
plus a CONTRACTOR's fee for overhead and profit
1.1-4.4. Costs of special consultants (including but
(determined as provided in paragraph11.6).
not limited to engineers,architects, testis$$
laboratories, surveyors, attorneys and accountants)
Cost ojl6e Work.
employed for services specificatly related to the
Work
11.4. The tern Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
11.4.5. Supplemental costs including the following:
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such tests shall
11.4.5.1. The proportion of necessary
be in amounts no higher than those prevailing in the
transportation, travel and subsistence expenses of
locality of the Project, shall include only the following
CONTRACTOR's employees incurred in
items and shall not include any of the costs itemized in
discharge of duties connected with the Work.
1
paragraph 11.5:
11.4.5.2. Cost, including transportation and
11.4.1.Pa oll costs for employees in the direct
maintenance, of all materials, supplies,
employ of CONTRACTOR in the performance of the
equipment, machinery, appliances, office and
Work under schedules of job classifications agreed
temporary facilities at the site and hard tools not
,
upon by OWNER and CONTRACTOR. Such
owned by the workers, which are consumed in the
employees shall include without limitation
performance of the Work, and cat less market
superintendents, foremen and other personnel
value of such items used but not consumed which
employed full-time at the site. Payroll casts for
remain the property of CONTRACTOR.
employees not employed full-time on the Work shall
1
be apportioned on the basis of their time spent on the
11.4.5.3. Rentals of all construction
Work. Payroll cats shall include Iwt ra be limited to,
equipment and machinery and the parts thereof
salaries and wages plus the cast of fringe benefits
whether rented from CONTRACTOR or others in
which shall include social security contributions,
accordance with rental agreements approved by
unemployment, e`tcise and payroll taxes, workers'
OWNER with the advice of ENGINEER, and the
1
compensation, health arid -retirement benefits, bonuses;
casts of transportation, loading, unloading,
applicable thereto.
installation, dismantling and removal thereof —all
The expenses of performing Work after regular
in accordance with terms of said rental
waking hours, on Saturday, Sunday or legal holidays,
agreements. The rental of any such equipment,
shall be included in the above to the extent authorized
machinery or parts shall cease when the use
by OWNER.
thereof is no longer necessary for the Work.
11.4.2; Cost of all materials and equipment furnished
11.4.5.4. Sales, consumer, use or similar taxes
and incorporated in the Work including costs of
related to the Work, and for which
transportation and storage thereof, and Suppliers field
CONTRACTOR is liable, imposed by Laws and
services required in connection therewith All cash
Regulations.
'
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
11.4.5.5. Deposits lost for causes other than
which to make payments, in which case the cash
negligence of CONTRACTOR, any
discounts shall accrue to OWNER All trade
Subcontractor or anyone directly or indirectly
discounts, rebates and refunds and returns from sale of
employed by any of them or for whose acts any
,
surplus materials and equipment shall accrete to
of them may be liable, and royalty payments and
OWNER and CONTRACTOR shall make provisions
fees for permits and licenses.
so that they may be obtained
11.4.5.6. Losses and damages (and related
11.4.3. Payments made by CONTRACTOR to the
expenses) caused by damage to the Work, not
'
Subcontractors for Work performed or famished by
compensated by insurance or otherwise, sustained
Subcontractors. If required by OWNER,
by CONTRACTOR in connection with the
EJCDCOIDERAL COMTION51910.8(1990 Edilim)
t
24
w/ QTY OF FORT OOLLIM MODIFICATIONS (REV 42000)
1
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P
performance and furnishing of the Work (except
lasses and damages within the deductible amounts
of proppmerty insurance established by OWNER in
aceonlanee with paragraph 5.91 provided they
have resulted from Causes other than the
negligence of CONTRACTOR, any
Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER No such losses, damages
and experses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTOR's fee. I( 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 114.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams,
long distance telephone calls, telephone service at
the site, expressage and similar petty rash items in
connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
H.S. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of
CONTRACTOR's otFrcets, executives, principals (of
Partnership and sole proprietorships), general managers,
engineers, architects, estimators, attorneys auditors
accountants; purchasing and contracting agents,
expediters, timekeepers, clerks' and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragraph 11:4.1 or
specifically covered by paragraph 11.4.4—all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at
the site.
11.5.3. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
msnrance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by
11.4.5:9
subparagraph above).
EJCDC GENEM CONDITIONS 1910.8 (1990 Edtim)
wlQTY OF FORT COW NS MODIFICATIONS (REV 4r1000)
11.5.5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for
whose ads any of them may be liable, including but
not limited to, the correction of defective Work
disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRACTOR's fee shall be fifteen percent;
11.6.2.2. for costs incurred under
paragraph 11.4.3, the CONTRACTOR's fee shall
be five percent
11.6.2.3. where one or more den of
subcontracts are on the basis of Cost of the Work
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and
11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever der,
will be paid a fee of fifteen percent of -the casts
incurred by such Subcontractor under paragraphs
11.4.1 ,and 11.42 and that any higher der
Subcontractor and CONTRACTOR will each be
paid a fee-o"we-parcel[-oftha_amou"id-to
the-rie>u-lowertierSubcronEreetar; to be neeodated
in eood faith with the OWNER but not to exceed
five Percent of the amount Paid to the next lower
Imm. . a
11.6.2.4. no fee shall be payable on the basis
of costs itemized under paragraphs 11.4.4, 11.4.5
and 11.5;
11.6.2.5. the amount of credit to be allowed
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR's fee by an amount
equal to five percent of such net decrease; and
11.6.2.6. when both additions and credits are -
involved in any one change, the adjustment in
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 cast of any Work is to be
25
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determined pursuant to paragraphs 11.4 and H.S.
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
item ized cast breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER CONTRACTOR
agrees that:
11.8.1. the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site and ell applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment an account of any of the foregoing
will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work oovered
by
allowance;. and the Contract Prim shall be
oorrespondingly adjusted.
11.9. Unit Price Nark-
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 priors for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR. to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
11.9.3.OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance withARicle II 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;
Er('DC GENERAL CONDITIOM 1910-8 (1990 Edaim)
26 n1CITY OF FORT COLLIM MODIFICATIONS(REV-WOM)
and
11.9.3.2. there is no corresponding adjustment
with respect to any other item of Work -.and
11.9.3.3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or change quantities at OWNER'S sole
discretion without affecting the Contract Price of
anv remaining item so long as the deletion or
addition does not exceed twenty-five percent of
the original total Contract Price.
ARTICLE 12-CHANGE OFCONT&\CT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestoncs) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Tunes (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR the Contract Tunes (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
pemgrapan 1! 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, foes, floods, epidemics, abnormal weather
conditions or acts of Gad. Delays attributable to and
1
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1
1
1
1
1
1
1
1
1
1
1
1
1
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1
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR
12.4. Where CONTRACTOR is prevented From
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR an extension of the
Contract Times (or Milestones) in an amount equal to the
time last due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay. In no event shall
OWNER be liable to CONTRACTOR any Subcontractor,
any Supplier, any other person or organization,. or to arty
surety for or employee or agent of any of them, for
damages arising out of or resulting Cron (i) delays caused
by or within the control of the CONTRACTOR, or
(ii) delays beyond the control of both parties including, but
not limited to, foes floods, epidemics, abnormal weather
conditions, acts of God or acts or neglect by utility owners
or ether contractors perform ing other wok as contemplated
by Article 7.
ARTICLE 13—TEsTs AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1, Notice ojDejects.
Prompt notice of all .defective Wok of which OWNER or ENGMER have actual knowlcdgo will be given to
CONTRACTOR All dejeem Work may. be rejected,
corrected or accepted as provided in this Article 13.
Access to Work.
13.2. OWNER ENGDJEER ENGINEER's Consultants
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
reasonable —furies 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.
Tesrs and In*ections
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests:
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
13.4.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
EX'DCOENER.u. CONDMOM lvtos (tsso Eddum)
wt y OF FORT COLLIM MOD117CATION3(REV4r2000)
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 arty public body having
jurisdiction require any Work (or part thereol) specifically
to be inspected, tested or approved by an employee be
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 fumish ENGINEER the
required certificates of inspectiom. 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 "O WNER's
and ENGMER's acceptance of materials or equipment to
be incorporated in the Work or of materials mix designs,
or ecament sibmitcd for approval prior to
CONTRACTOR'S purchase thereof for incorporation in
the Work.
13.6. If any Wok (or the wok of others) that is to be
inspected, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it must, if requested by ENGINEER,. be
uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at ,CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER it must, if requested by
ENGINEER be uncovered for ENGINEER's observation
and replaced at CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR at
ENGINEER's request, shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGINEER may require, that portion of the Wok in
question, funtislung all necessary labor, material and
equipment. If it is found that such Work is dajective.
CONTRACTOR shall pay all claims costs, lasses 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
thereo( may make a claim therefor as provided in
Article 11. 14 however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Milestones) or both, directly attributable to such
27
uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles I l and I!
ORVAER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to stop the Work shall not give rise. to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party.
Correction. or Removal of Defective Work,
13.1 L If required by ENGINEER, CONTRACTOR shall
promptly, as directed either correct all defective Work
whether or rot fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with Work that is not defective.
CONTRACTOR shall pay all claims, costs, losses and
damages caused by or resulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others).
13.12. Correction Period•
13.12.1.1E within ern -yea two years after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terns of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents, any Worts is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) correct such defective Work or, if it has
been rejected by OWNER remove it from the site and
replace it with Work that is not defective, and (ii)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom -
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an. emergency where
delay would cause serious risk of loss or damage;
OWNER may have the defective Work corrected or the
rejected Work removed and replaced and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR
13.12.2.In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work the
correction period for that item may star to run from an
earlier date if so provided in the Specifications or by
Written Amendment
13.12.3.Where defective Work (and damage to other.
EJCDC GENERAL CONDITIONS 191" 11990 ESlim)
78 WICITY OF FORT COLLINS MODIFICATIONS (REV 4Ree61
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 eae yeei
two years after such correction or removal and
replacement has been satisfactorily completed
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal end
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 *facrivv Work (such costs to
be approved by ENGINEER as to reasonableness). If any
.such acceptance occurs prior. to ENGINEER's
recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article IL If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER.
OWNER bfay Correa Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice. from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.11, or if
CONTRACTOR fails to perform the -Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days written
notice to CONTRACTOR,. correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or par of the Work and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
corotruction 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 :hall allow OWNER, OWNER's
representatives, agents and employees. OWNER's other
contractors and ENGINEER and ENGINEER's
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph All
claims, costs, losses and damages incurred or sustained by
OWNER in exercising. such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and if the patties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article IL Such claims, costs, lasses and
� t• � � � � � t• t• t• � i• � !� t• t• t• t•
FOSSIL CREEK TRAIL AT STANTON CREEK
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SEPTEMBER 201 1
ABBREVIATION LIST
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BENCHMARK:
CITY OF FORTCOLLINS BENCHMARX NUMBER BI
ELEVATION - 494B.46
DESCRIPTION: NORTH SIDE OF CARPENTER ROAD (COUNTY ROAD 32
APPROXIMATELY 200 FEET EASTOF SOUTH LEMAY AVE ONTHE WEST END OF
CONCRETEHEADWAL
CITY OF FORT COLLINS BENCH MARK NUMBER J 96.
ELEVATION . 4959 34
OESCRIPTION: ON THE SOUTHWEST CORNER OF SOUTH LEMAY AND PROVINCE
DRIVE, ON THE NORTHWEST CORNER OF A STORM INLET.
DATUM - NGVO 1929 UNADJUSTED
NDEX OF SHEETS.
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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
CON TRACTOR's defective Work. CONTRACTOR shalt
not be allowed an e#erasion of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARTICLE 14-PAYMENTS TO.CONTRACTOR AND
COMPLETION
Schedule of Values.
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and roll be incorporated into a form of Application for
Payment acceptable to ENGINEER Progress payments on
account of Unit Price Wok will be based on the number of
units completed.
Appliration for Progress Payment
142. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and dear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be
smsfactory to OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall �t be subiect to substitution by the CONTRACTOR
with securities or arty armngements.involvmp an escrow or
custodianship. By executirtg the application for payment
form the CONTRACTOR extxessly waives his naht to the
benefits of Colorado Revised Statutes. Section 24-91-101,
et sea.
CONTRgCTOR's Warramy of ride:
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: ipplicadons for Progress Payment
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
E)CDC GENERAL CONDITIOM 19104 (1990 Edidw)
V QTY OF FORT COL U M MODIFICATIONS (REV 42000)
recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary correction and resubmit the
Application. Ten days after presentation of the
Application for Payment to OWNER with ENGINEER's,
recommendation the amount recommended will (subject
to the provisions of the last sentence of paragraph 14.7)
become due and when due will be paid by OWNER to
CONTRACTOR
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on -site observations of the executed Work
as an experienced and qualified design professional and on
ENGINEER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge, information and belief.
14.5.1, the Work has progressed to the point
indicated,
145.2. the quality of ,the Wok 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
Documenu, to a foal 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 Wok.
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (n) cdiatntive or continuous on -site
inspections have been made to check the quality or the
qurannty of the Work beyond the responsibilities
specifically assigned to 04GINEER in the Contract
Documents or (ii) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR
14.6- LWGINEER's recommendation of any payment,
including final payment shall not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of constructionn,. or
the safety precautions,and programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the finishing or
performance of Work, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to
29
OWNER referred to in paragraph 14.5. ENGINEER may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Rice has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the
occurrence of arty of the events enumerated in
paragraphs 15.2.1 through 15.2.4 inclusive.
OWNER may refire to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTR4CTOR's performance or furnishing
of the Work,
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNER to a set-
off against the amount recommended. or
14.7.8. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7.I through 14.7.3 or paragraphs 15.2.1
through 15.2.4 inclusive;.
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld. or any adjustment thereto agreed
to by OWNER and CONTRACTOR when
CONTRACTOR corrects to OWNER's satisfaction the
reasons for such action
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGLVEER issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to determine the status of completion. If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor. If ENGINEER
EJCDC GENERAL CONDITIONS 191" (1990 ESdim)
30 at CITY OF FORT COt.UMMODIFICATIONS(REV V20M)
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 final payment OWNER shall have seven
days after recut of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing,
stating the reasons therefor. If, after consideration of
OWNER's objections, ENGINEER considers the Work
substantially complete, ENGINEER will within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected). reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the
time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificateof Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
an OWNER and CONTRACTOR until final payment
14.9. OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list
Portia( Ud&zadon:
14.10. Use by OWNER at OWNER's option of any
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(d) 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 uccom lisped prior to Substantial
Completion of all the Wort: subject to the following:
I4.10.1.OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such part of
the Work is substantially complete. CONTRACTOR
will certify to OWNER and'ENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that pan of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
part of the Work. Within a reasonable time'after either
such request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion If
ENGINEER does not consider that part of the Work to
be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of
the Work to be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto.
14,10.2. No occupancy or separate operation of part
of the Wok will be accomplished prior to compliance
with the requirements of paragraph 5.15 in respect of
property insurance,
Final Inspecdon:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final Application for Pay9nenr:
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 paragraph5.4, certificates of
inspection, marked -up record documents (as provided in
paragraph6.19) and other documents. CONTRACTOR
may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously
delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the
evidence of visuranee required by subparagraph5A.13,
(u) consent of the surety, if any, to final payment,and
(ui) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens wising outof 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: () the releases and
receipts include all labor, services, material and equipment
for which a Lien could be filed, aril (ii)all payrolls.
material and equipment bills, and other indebtedness
connected with the. Work for which OWNER or OWNER's
property might in any way be responsible have been paid or
otherwise smisfied if any Subcontractor or Supplier fails
EXMC GENERAL CONDITIOM 1910E (t990 Eden)
W/ CITY OF FORT COLLIES MODIFICATIONS (REV 412000)
1
to furnish such a release or receipt in full.
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien Releases or waivers of liens and the.consent of
the surety to finalize payment are to be submitted on
forms conforming to the fomat of the OWNER'S standard
forms bound in the Project manual.
Final Payment andAcceprance:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
.fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGINEER's recommendation of payment and present
the Application to OWNER for payment At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 14.15. Otherwise,
ENGINEER will return the Application to
CONTRACTOR indicating in writing the reasons for
refusing to recommend final payment, .in which case
CONTRACTOR shall make the necessary corrections and
resubmit the Application. Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEER's recommendation and notice of
acceptability, the amount recommenced by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subiect to rnragmnh 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 confirm% OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER. and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5.1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment. Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
claims
Waiver of Claims.
14.15. The making and acceptance of final payment will
constitute:
14.15.1.a waiver of all claims by OWNER against
CONTRACTOR except claims arising from
unsettled Liens, from defective Work appearing after
31
final inspection pursuant to paragraph 14.11. from
failure to comply with the Contract Documents or the
terms of arry special guarantees specified therein, or
from CONTRACTOR's continuing obligations under
the Contract Documents: and
14.15.2.A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled
ARTICLE 1-5—SUSPENSION OF WORT{ AND
TERbQNATION
O W7VER May Suspend Work:
15.1. At any time and without cause, OWNER may
atgxnd the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed. CONTRACTOR shall
resume the Work on the date so fixed CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles I 1 and 12.
O W7IER May Terndnate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under parograph2.9 as adjusted from time to time
pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction:
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
152.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven dayswritten notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
EJCDC GENERAL CONDITIONS 191M (1990 E(litim)
32 wJ aTY OF FORT COLLINS MODIFICATIONS (M-12000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished If the unpaid
balance of the Contract Price exceeds all claims; costs,
lasses and damages sustained by OWNER arising out of
or resulting from completing the Work such excess will be
paid to CONTRACTOR If such claims, costs, losses and
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER_ the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to
CONTRACTOR and ENGINMR, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER elect to terminate the Agreement. In
such case, CONTRACTOR shalt be paid (without
duplication of any items):
15.4.1. for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable stuns for overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable stuns for
overhead and profit on such expenses;
15.4.3. for all claims, costs. losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others; and
15.4.4. for reasonable expenses directly attributable
to termination.
CONTRACTOR shall no be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination
CONTRACTOR May Stop Work err Terminate:
15.5. If through no ad or fault of CONTRACTOR. the
Work is suspended for a period of more than ninety days
by OWNER or under an order of coon[ or other public
authority, or ENGINEER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
sum finally determined to be due. then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in Paragraph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days alter 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 duc CONTRACTOR, including interest
thereon The provisions of this paragraph 15.5 are riot
intended to preclude CONTRACTOR from making claim
under Articles t l and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph
ARTICLE 16—DISFUTE RESOLUTION
If and to the matt 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 ExhibitGGA Dispute
Resolution Agreement% to be attached hereto.and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12. OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE I7—INIMELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intended or if delivered at or
sent by registered or certified mail, postage prepaid to the
last business address known to the giver of the notice.
17.2. Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period If the last day of any suddi period falls on a
Saturday or Sunday or on a day made a legal holidayy
by the law of the applicable jurisdiction, such day wdl
be omitted from the computation.
EICDC GENERAL CONDMOM 191M (1990 Edtim)
av CITY OF FORT COLLINS MODIFICATIONS (REV 4r1000)
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice ojC(aim:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of arty error,
omission or act of the other party or of any of the otter
party's employees or agents orothers for whose acts the
other party is legally liable, claim will be made. in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be oonstrued as a -substitute
for or a waiver of the provisions of airy applicable statute
of limitations or repose.Cumuk6ve Remedies:
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and in particular but
without limitation,the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6.12, 6.16, 6.30, 6:31, 6.32, 13.1, 13.12,13.14,
14:3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEER thereunder, are in addition
to, and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the Provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right and remedy to which
they apply.
Projesdondl Fees zu:d Court Costs Inelm ded.-
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.
176 The laws o the State of Colorado apply to this
Agreement Reference to two pertirtent Colorado statutes
are as follows•
f7.6.1. Colorado Revised Statutes (CRS 8-17-101)
require that Colorado labor be employed to perform
the Word: to the extent of not less than 80 percent
Mof each type or class. of labor in the several
muons of •filled and common labor employed
on the project Colorado labor means any person who
is a bona fide resident of the State. of Colorado at the
time of employment without discrimination as to race.
color, creed, age, religion or sex.
176 If a claim is Filed OWNER is required by
law (CRS 38-26 107) to withhold From all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor_ materials. team hire
sustenance Provisions provender or other supplies
used or consumed by CONTRACTOR or his
33
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EJCDC GENERAL COMTI ONS 191045 (1990 EStim) '
34 W/aTY OF FORT COLUNS MODIFICATIONS(REV42000)
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EJCDC GENERAL CONDITIONS I9I0.8 (1990 E&on) 35
wt CITY OF FORT COLD NS MODIFICATIONS (REV 42000)
1
1
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EXDC GENERA. CON1MT[OM 1910-8 (1990 EMM)
36 µy CITY OF FORT COWNS NOOIFICSTIONS(REV 4R0001
EXIHBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the patties:
16.1. All claims, disputes and other matters in.
question between OWNER and CONTRACTOR arising
out of or relating to the Contract Documents 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 havingjurisdiction
16.2, No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date
on which ENOMER has rendered a written decision or
(b) the thirty-first day after the: parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matter will
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9.11: and the failure
to demand arbitration within said thirty days' period will
result in ENGWEER's decision being foal and binding
upon OWNER and CONTRACTOR If ENGINEER
renders a decision after arbitration proceedings have been
vitiated, 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 arty written decision of ENGINEER
rendered in accordance with paragraph 9,10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.10.
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association and a copy will
be sent to ENGINEER for information The demand for
arbitration will be made within the thirty -day or. ten-day
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen, and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the
applicable statute of limitations.
EJCDC GENERAL CO,W ITIOM 1910.8 (1990 Edtim)
w/ CITY OF FORT COLLIM MODIFICATIONS (REV 9M)
16.4. Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating to the Contract
Documents shall include by consolidation, joinder or in any
other manner any other person or entity (including
ENGINEER, ENGINEER's Consultant and the ot6cers,
directors; agents, employees or consultants of any of them)
who is not a party to this contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who are already parties to the arbitration, and
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
16.4.3. the written consent of the other person or.
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent
16.5. Notwithstanding paragraph 16.4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Work of such
Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
create any, claim, right or cause of action in favor of
Subcontractor and against OWNER, ENGINEER or
ENGINEER's Consultants that does not otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof: and it will not be subject to
modification or appeal.
16.7.. OWNER and CONTRACTOR agree that they
shall fast 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 prim to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6. unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16.2 and 16.3,above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the termination of the mediation. The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitmtor.of such dispute unless otherwise
agreed.
GC -Al
EJCDC GENERAL CONDITIONS 1910.5 (1990 EStim)
wt C1TY OF FORT COLLINS MODIFICATIONS (REV 9194)
GC -Al
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AGREE
10
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LEGEND
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BID SET
NOT FOR CONSTRUCTION
%,71
City of
Fort CoiDtins.
FOSSIL CREEK tlA AT
STAMMM CREEK
ERK)SKAM �TP%AN
21
I
SECTION 00800
SUPPLEMENTARY CONDITIONS
I
1
t
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-4.2 Subsurface'and Physical Conditions:
'
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface
,
conditions at the site of the Work:
Geotechnical Investigation, Fossil Creek Pedestrian Bridges at
'
Stanton Creek, prepared by CTL Thompson Inc., Project N.
FC04931-125, dated July 13, 2009.
Contractor may rely upon the accuracy of the technical data contained in
the geotechnical documents, but not upon nontechnical data,
'
interpretations or opinions contained therein or upon the completeness of
any information in the report.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing
,
surface or subsurface structures (except Underground Facilities referred
to in Paragraph 4.3) which are at or contiguous to the site have been
utilized by the Engineer in preparation of the Contract Documents, except
,
the following:
None
,
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
I
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.
5.4.6 The Comprehensive Automobile Liability Insurance
policy will have limits of $1,000,000 combined single limits
(CSL).
5.4.9 This policy will include completed operations
coveragelproduct liability coverage with limits of $1,000,000
combined single limits (CSL).
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero 0 days lost due to
abnormal weather conditions.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
1
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: Fossil Creek Trail at Stanton Creek
CONTRACTOR: Walsh Construction Inc.
PROJECT NUMBER: 7289
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:
Project Manager
REVIEWED BY:
Title:
APPROVED BY:
Title:
APPROVED BY
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
DATE:
DA'
DATE:
DATE:
Section 00960
APPLICATION FOR PAYMENT
PAGE 1 OF 4
OWNER: City of Fort Collins
PROJECT:
APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER:
CONTRACTOR:
PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS
Application is made for Payment as shown below in connection with Contract
The present status of the account for this Contract is as
NUMBER DATE AMOUNT
follows:
1
2
Original Contract Amount:
3
Net Change by Change Order:
Current contract Amount:
$0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage:
$0.00
Less Retainage:
Net Change by Change Order $0.00
AMOUNT DUE THIS APPLICATION:
$0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
M 1=1 a =1 = = M M = Ml 1=1 M M Ml Ml
APPLICATION FOR
CONTRACT AMOUNTS
PAYMENT
PAGE 2 OF 4
Work
Work
Work
Completed
Completed
Completed
Stored
This
Previous
To
Bid
Month
Periods
Date
Materials Total
Item
This Earned Percent
Unit
Number Description Quantity Units
Price Amount
Qty. Amount
Qty. Amount
Qty. Amount
Period To Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS
$0.00
$0.00
$0.00
$0.00
$0.00
CHANGE ORDERS
APPLICATION FOR
PAYMENT
PAGE 3 OF 4
Work
Work
Work Completed
Completed
Completed
Stored
This
Previous
To
Bid
Month
Periods
Date
Materials Total
Item
This Earned Percent
Unit
To
Number Description Quantity Units Price
Amount
Qty. Amount
Qty. Amount
Qty. Amount
Period Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS CHANGE ORDERS
$0.00
$0.00
$0.00
$0.00
$0.00
PROJECT TOTALS
$0.00
$0.00
$0.00
$0.00
$0.00
® = e ® M ® ® o ® ® ® o o ® ® o ® = =1
STORED MATERIALS
SUMMARY
On Hand
Item Invoice Previous
Number Number Description Application
Received
This
Period
PAGE 4OF4
Installed On Hand
This This
Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00
$0.00
$0.00 $0.00
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. Oualifications for Bidding: The Contractor must meet minimum qualifications as a condition for
bidding the Work. In addition to any other stated requirements the Contractor must be an established
single company for five (5) or more years. The Contractor must list a minimum of three (3) projects
similar in scope and size, as well as provide the contact information for each of the referenced projects.
Referenced project work shall specifically include construction of concrete paving and excavation
work within a regulated floodplain, sub -grade stabilization, and general work in a river corridor
environment. Providing contact information that is inaccurate or incomplete will disqualify the
referenced project and may disqualify the bid from award. Please provide the following:
Project Name:
Owner:
Timeline of Construction thru completion:
Project Contact for Construction Reference:
B. Area of Work: The Contractor shall confine his operations to the immediate work area. Material
storage shall be confined to areas shown on the Drawings or designated by the City.
C. Regulations: The Contractor shall comply with all applicable Federal, State, and local regulations
pertaining to safety, traffic control, fire prevention, erosion control and environmental protection.
D. Working Hours: The Contractor's working hours shall be between 7:00 a.m. and 5:00 p.m., with no
work on weekends or Federal holidays, unless otherwise approved by the City.
E. Material Storage: The Contractor's material and equipment storage site shall be limited to the area of
the project site. The area shall be kept orderly and free of litter.
1.05 Project Cleanup
A. The Contractor is responsible to maintain the construction site in a clean and orderly condition from the
start of the project to completion. Daily cleanups are required.
1. The City may require Contractor to perform cleanup within 100 feet of the progress of the work
and perform cleanup of the site daily prior to work stoppage.
B. Store volatile wastes in covered containers and dispose off -site.
1. Provide on -site covered containers for the collection of waste materials, debris and rubbish.
City of Fort Collins SECTION 01000 — PROJECT SUMMARY
Park Planning & Development Division Page 1 of 4
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CEDAR PICKET PRIVACY FENCE
STATION 20+B4-22+81
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NOTES
I. 2' CLEAR FOR REBAR UNLESS OTHERNSE NOTED
2- REBAR TO BE 14 BARS AT MAX 12' VAONG
CONCRETE TRAIL & WALL DETAIL
W.
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STANTON CREEK TRAIL
STAG* 80- 11+75
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STANTON CREEK TRAIL
STA27+30 28+80
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STANTON CREEK TRAIL
STA 28+80-END
TRAIL INTERSECTION
GRADING DETAIL
BID SET
NOT FOR CONSTRUCTION
I---- o — City of
rt
FOSSIL CREEK TRAIL AT
STANTON CREEK
CONSTRUCTION DETAILS
N.e
or. OB/OI/11 22
N/A
ar �9N�9
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
Park Planning & Development Division
SECTION 01000 - PROJECT SUMMARY
Page 2 of 4
1.13 Sanitary Provisions
A. The Contractor shall provide temporary toilets for the use of construction personnel. Location, type,
proposed maintenance, etc., shall be approved by the City prior to placing toilets. Temporary toilets
shall be removed at the completion of construction and the adjacent area restored to the condition
existing prior to the start of construction or as indicated on the plans.
1.14 Pollution Abatement
A. Transporting materials to or from the site shall be accomplished in a manner preventing materials or
particles from becoming airborne. Earth materials shall be covered, wetted or otherwise protected.
Gravel, sand and concrete shall be contained within vehicles to prevent spillage.
B. Prevent the'deposit of dirt, mud or debris on improved streets and roads, and remove all should such
deposition occur.
C. Burning of any material on site is prohibited.
D. Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils,
bitumen, acids, or other harmful materials. Surface drainage from the construction site, which contains
harmful amounts of sediment, shall not be allowed to drain onto adjacent areas. All grading shall be
accomplished to allow sedimentation to settle out prior to flowing onto adjacent areas.
E. Flushing of concrete trucks is allowed only at the project site or the designated contractor storage area,
with the responsibility of control and cleanup resting with the Contractor.
F. Toxic, corrosive and flammable materials for construction other than specified shall not be used
without prior approval of the City of Fort Collins. When approved, disposal of these materials or their
containers will be off site and conform to state and federal regulations.
1.15 Protection of Property
A. Initiate, maintain and supervise necessary protection to prevent damage, injury or loss to:
1. The Work and materials and equipment to be incorporated in the project, whether in storage on or
off the site: and
2. Property at the site or adjacent thereto, including fences, patios, driveways, sidewalks, pavement,
trees, shrubs, lawns, walks, structures, utilities and underground facilities not designated for
removal, relocation or replacement in the course of construction.
B. Maintain, protect, and support existing utilities and other appurtenances against damage by shoring,
bracing, or other means.
C. Do not stockpile excavated material against existing appurtenances.
1.16 Survey Requirements
City will provide all construction staking and as -built surveying for the project.
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
Park Planning & Development Division
SECTION 01000 - PROJECT SUMMARY '
Page 3 of 4
!DIVISION 1
SECTION 01100 - SUMMARY OF WORK
PART 1-GENERAL
1.01 Description of Work
A. The City of Fort Collins Fossil Creek Trail at Stanton Creek includes erosion control, minor earthwork,
2 new 30' pedestrian bridges, l new 55' pedestrian bridge, 1 new 60' pedestrian bridge, new 10' wide
colored concrete trail, 2' retaining walls, a 4' shadow box privacy fencing, 4 new 12" & 18" culvert
pipes, hydro -seeding and hydro -mulching 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 I-800-922-1987
Safety - Occupational Safety and Health Administration (OSHA) 844-3061
Fire - Poudre Fire Authority Non -Emergency 221-6581/ Emergency 911
Police - City of Fort Collins Police Department Non -Emergency 221-6550 / Emergency 911
Larimer County Sheriffs Department - Non -Emergency 221-7177
Postmaster - United States Postal Service 482-2837
Ambulance - Poudre Valley Hospital Non -Emergency 484-1227 / Emergency 911
Public Transportation — 'TransFort' 221-6620
Traffic Control - Traffic Engineering 221-6815
City of Fort Collins
Park Planning & Development Division
SECTION 01100 — SUMMARY OF WORK
Page 1 of 2
PART 2 - MATERIALS (Not Used)
PART 3 - EXECUTION (Not Used)
PART 4 - MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins
Park Planning & Development Division
SECTION 01100 — SUMMARY OF WORK ,
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.
11
1
1
1
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
Park Planning & Development Division
SECTION 01160 — SITE CONDITIONS
Page 1 of 3
L
B. Underground Utilities:
Known utilities and structures adjacent to or encountered in the work are shown on the Drawings.
The locations shown are taken from existing records 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
Park Planning & Development Division
SECTION 01160 — SITE CONDITIONS '
Page 2 of 3
1
3.03 Field Relocation
A. During the progress of construction, it is expected that minor relocations of the work will be necessary.
Such relocations shall be made only by direction of the Owner's Representative. If existing structures
are encountered that prevent the construction, and that are not properly shown on the Drawings, notify
the Owner's Representative before continuing with the construction in order that the Owner's
Representative may make such field revision as necessary to avoid conflict with the existing structures.
If the Contractor shall fail to so notify the Owners Representative when an existing structure is
encountered, and shall proceed with the construction despite the interference, he shall do so at his own
risk.
3.04 Easements
A. Easements will be obtained by the Owner where portions of the work are located on public or private
property. Easements will provide for the use of the property for construction purposes to the extent
indicated within the easement agreements. Copies of these easements and permits are available upon
request to the Owner. It shall be the Contractor's responsibility to determine the adequacy of the
easement obtained in every case and to abide by all requirements and provisions of the easement. The
Contractor shall confine his construction operations to within the easement limits or make special
arrangements with the property owners or appropriate public agency for the additional area required.
Any damage to property, either inside or outside the limits of the easements provided by the Owner,
shall be the responsibility of the Contractor as specified herein. The Contractor shall remove, protect,
and replace all fences or other items encountered on public or private property. Before final payment
will be authorized by the Owner's Representative, the Contractor will be required to furnish the Owner
with written releases from property owners or public agencies where side agreements or special
easements have been made by the Contractor or where the Contractor's operations, for any reason, have
not been kept within the construction right-of-way obtained by the Owner.
B. It is anticipated that the required easements and permits will be obtained before construction is started.
However, should the procurement of any easement or permit be delayed, the Contractor shall schedule
and perform the work around these areas until such a time as the easement or permit has been secured.
3.05 Land Monuments
A. The Contractor shall notify the Owner's Representative of any existing Federal, State, Town, County,
and private land monuments encountered. Private monuments shall be preserved, or replaced by a
licensed surveyor at the Contractor's expense. When Government monuments are encountered, the
Contractor shall notify the Owner's Representative at least two (2) weeks in advance of the proposed
construction in order that the Owner's Representative will have ample opportunity to notify the proper
authority and reference these monuments for later replacement.
END OF SECTION
City of Fort Collins
Park Planning & Development Division
SECTION 01160 — SITE CONDITIONS
Page 3 of 3
,DNISION 1 —�
SECTION 01290 - MEASUREMENT AND PAYMENT
PART 1-GENERAL
1.01 Description
A. This section covers the methods employed in determining the payment due for work completed under
this contract.
B. The bid price should cover all work required by this contract based upon the quantities outlined in the
bid form.
C. Where actual quantities differ from those outlined in the bid form; unit prices as stipulated in the bid
form shall be utilized to compute payment.
D. Where unit prices are not set forth on specific work, that work shall be considered a subsidiary
obligation of the Contractor.
E. Quantities given in the bid form are estimates for the purpose of evaluating bids consequently some
difference may arise in actual and bid quantities.
1.02 Lump Sum Prices
A. Where lump sum (LS) prices are given for an item in the bid schedule or for items added during
construction by change order, the price will include all materials, labor, overhead and any other cost
incurred to complete the construction of the item in accordance with the plans and specifications.
B. All unit prices for each item shall include its pro rata share of profits, taxes, and overhead, and are for
the items installed in place, maintained and guaranteed. Including these factors, unit prices must
accurately reflect actual costs. Unit prices are to be valid for the life of the contract.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
City of Fort Collins SECTION 01290 — MEASUREMENT AND PAYMENT
Park Planning & Development Division Page 1 of 1
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.
�I
I
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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
Park Planning & Development Division
SECTION 01300 — COORDINATION AND PROJECT MEETINGS
Page 1 of 1
11
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 shut down
City of Fort Collins — Soft Gold Park SECTION 01310 -CONSTRUCTION SCHEDULES
Park Planning & Development Division Page 1 of 4
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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.
I
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.
1. To any preference, priority, or allocation order duly issued by the Owner.
2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of
,
another Contractor in the performance of a contract with the Owner, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as
provided above; and
3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2,
'
above.
City of Fort Collins— Soft Gold Park SECTION 01310 — CONSTRUCTION SCHEDULES ,
Park Planning & Development Division Page 3 of 4
1.05 City's Responsibility
A. City's review is only for the purpose of checking conformity with the Contract Documents and
assisting Contractor in coordinating the Work with the needs of the Project.
B. It is not to be construed as relieving Contractor from any responsibility to determine the means,
methods, techniques, sequences, and procedures of construction as provided in the General Conditions.
PART 2 - MATERIALS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
PART 4 - MEASUREMENT & PAYMENT (Not Applicable)
END OF SECTION
City of Fort Collins— Soft Gold Park
Park Planning & Development Division
SECTION 01310 —CONSTRUCTION SCHEDULES
Page 4 of 4
DIVISION 1
SECTION 01330 — SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
PART 1-GENERAL
1.01 Shop Drawings
A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise
indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy
standard information as the basis of Shop Drawings. Standard information prepared without specific
reference to the Project is not a Shop Drawing.
B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns,
templates, and similar Drawings. Include the following information:
1. Dimensions.
2. Identification of products and materials included by sheet and detail number.
3. Compliance with specified standards.
4. Notation of coordination requirements.
5. Notation of dimensions established by field measurement.
6. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit Shop Drawings
on sheets at least 8-1/2 by 11 inches but no larger than 24 by 36 inches.
7. Submittal: Submit 3 blue- or black -line prints and 2 additional prints where required for
maintenance manuals, plus the number of prints needed by the Contractor for distribution. The
Owner's Representative will retain 2 prints and return the remainder.
a. One of the prints returned shall be marked up and maintained as a "Record Document."
8. Do not use Shop Drawings without an appropriate final stamp indicating action taken.
1.02 Product Data
A. Collect Product Data into a single submittal for each element of construction or system. Product Data
includes printed information, such as manufacturer's installation instructions, catalog cuts, standard
color charts, roughing -in diagrams and templates, standard wiring diagrams, and performance curves.
1. Mark each copy to show applicable choices and options. Where printed Product Data includes
information on several products that are not required, mark copies to indicate the applicable
information. Include the following information:
a. Manufacturer's printed recommendations.
b. Compliance with trade association standards.
c. Compliance with recognized testing agency standards.
'
d. Application of testing agency labels and seals.
e. Notation of dimensions verified by field measurement.
'
f. Notation coordination requirements.
2. Do not submit Product Data until compliance with requirements of the Contract Documents has
been confirmed.
,
3. Preliminary Submittal: Submit a preliminary single copy of Product Data where selection of
options is required.
4. Submittals: Submit 2 copies of each required submittal; submit 4 copies where required for
maintenance manuals plus additional conies 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
1
Owner will retain one and will return the other marked with action taken and corrections or
modifications required.
5. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers,
manufacturers, fabricators, and others required for performance of construction activities. Show
distribution on transmittal forms.
a. Do not proceed with installation until a copy of Product Data is in the Installer's possession.
b. Do not permit use of unmarked copies of Product Data in connection with construction.
1.03 Samples
A. Submit full-size, full -fabricated Samples cured and finished as specified and physically identical with
the material or product proposed. Samples include partial sections of manufactured or fabricated
components, cuts or containers of materials, color range sets, and swatches showing color, texture, and
pattern.
1. Mount or display Samples in the manner to facilitate review of qualities indicated. Include the
following:
a. Specification Section number and reference.
b. Generic description of the Sample.
c. Sample source.
d. Product name or name of the manufacturer.
e. Compliance with recognized standards.
f. Availability and delivery time.
2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples for a final
check of these characteristics with other elements and a comparison of these characteristics
between the final submittal and the actual component as delivered and installed.
a. Where variation in color, pattern, or other characteristic is inherent in the material or product
represented, submit at least 3 multiple units that show approximate limits of the variations.
b. Refer to other Specification Sections for requirements for Samples that illustrate
workmanship, fabrication techniques, details of assembly, connections, operation, and similar
construction characteristics.
c. Refer to other Sections for Samples to be returned to the Contractor for incorporation in the
Work. Such Samples must be undamaged at time of use. On the transmittal, indicated special
requests regarding disposition of Sample submittals.
d. Samples not incorporated into the Work, or otherwise designated as the Owner's property, are
the property of the Contractor and shall be removed from the site prior to Substantial
Completion.
3. Preliminary Submittals: Submit a full set of choices where Samples are submitted for selection of
color, pattern, texture, or similar characteristics from a range of standard choices. The Owner will
review and return preliminary submittals with the Owner's notation, indicating selection and other
action.
4. Submittals: Except for Samples illustrating assembly details, workmanship, fabrication
techniques, connections, operation, and similar characteristics, submit 3 sets. The Owner will
return one set marked with the action taken.
5. Maintain sets of Samples, as returned, at the Project Site, for quality comparisons throughout the
course of construction.
a. Unless noncompliance with Contract Document provisions is observed, the submittal may
serve as the final submittal.
b. Sample sets may be used to obtain final acceptance of the construction associated with each
set.
City of Fort Collins SECTION 01330 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
Park Planning & Development Division Page 2 of 3
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
[i
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,DMSION 1
SECTION 01340 - SURVEY DATA
PART 1-GENERAL
1.01 Survey Requirements
A. The City will provide surveying.
B. Contractor will be responsible for the cost of misplaced or damaged survey monuments, pins or stakes
provided by the City.
1.02 Submittals
A. Submit to City all survey data with other documentation required for final acceptance.
PART 2 - MATERIALS (Not Used)
PART 3 - EXECUTION (Not Used)
PART 4 - MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins
Park Planning & Development Division
SECTION 01340 - SURVEY DATA
Page 1 of 1
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
Park Planning & Development Division
SECTION 01450 — QUALITY CONTROL AND TESTING
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.
I
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
Representatives 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 Used)
- (Not
PART 3 - EXECUTION (Not Used)
PART 4 - MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
11
City of Fort Collins
Park Planning & Development Division
SECTION 01450 — QUALITY CONTROL AND TESTING
Page 2 of 2
IDWISION 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.
t. 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
Park Planning,& Development Division
SECTION 01500 - TEMPORARY CONTROLS
Page 1 of 1
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 - Od670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC -A GC -Al - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
SOILS REPORT
DIVISION 1 -..I
'
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 Used)
- (Not
PART 4 - MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
I
i�1
I
City of Fort Collins SECTION 01510 - TEMPORARY UTILITIES
Park Planning & Development Division Page 1 of 1
I
r,
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
B.
provided by the Contractor and will not be paid for separately.
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.
'
I.
Keep fire hydrants and utility control devices free from obstruction and available for use at all times.
J.
Conduct operations in a manner to avoid unnecessary interference with public and private roads and
drives.
'
K.
Provide and maintain temporary approaches or crossings at streets, businesses, and residences.
L.
Keep roads open and in acceptable condition, unless closure or detour has been approved by City's
Traffic Control Coordinator 72 hours prior to closure or detour.
'
M.
Define a temporary pedestrian access route for children coming from the surrounding neighborhoods.
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
I
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:
' l . 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)
IEND OF SECTION
1
17
L
' City of Fart Collins SECTION 01570 - TRAFFIC CONTROL
Park Planning & Development Division Page 2 of 2
DIVISION 1
SECTION 01600 — MATERIALS AND EQUIPMENT
PART 1-GENERAL
1.01 Related Documents
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and
other Division 1 Specification Sections, apply to this Section.
1.02 Summary
A. This Section includes administrative and procedural requirements governing the Contractor's selection
of products for use in the Project.
1.03 Definitions
A. Definitions used in this Article are not intended to change the meaning of other terms used in the
Contract Documents, such as "specialties," "systems," "structure," "finishes," "accessories," and
similar terms. Such terms are self-explanatory and have well -recognized meanings in the construction
industry.
1. "Products" are items purchased for incorporation in the Work, whether purchased for the Project
or taken from previously purchased stock. The term "product" includes the terms "material,"
"equipment," "systems," and terms of similar intent.
2. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined, or otherwise
fabricated, processed, or installed to form a part of the Work.
3. "Equipment" is a product with operational parts, whether motorized or manually operated, that
requires service connections, such as wiring or piping.
1.04 Submittals
A. Product List: Prepare a list showing products specified in tabular form acceptable to the Owner.
Include generic names of products required. Include the manufacturer's name and proprietary product
names for each item listed.
1. Coordinate product list with the Contractor's Construction Schedule and the Schedule of
Submittals.
2. Form: Prepare product list with information on each item tabulated under the following column
headings:
a. Related Specifications Section number.
b. Generic name used in Contract Documents.
C. Proprietary name, model number, and similar designations.
d. Manufacturer's name and address.
e. Supplier's name and address.
f. Installers 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.
PART2-PRODUCTS
2.01 Product Selection
A. General Product Requirements: Provide products that comply with the Contract Documents, that are
undamaged and, unless otherwise indicated, new at the time of installation.
B. Product Selection procedures: The Contract Documents and governing regulations govern product
selection. Procedures governing product selection include the following:
1. Proprietary Specification Requirements: Where Specifications name only a single product or
manufacturer, provide the product indicated. No substitutions will be permitted.
2. Semiproprietary Specification Requirements: Where Specifications name 2 or more products or
manufacturers or where Specifications specify products or manufacturers by name, accompanied
by the term "or equal" or "or approved equal," provide one of the products listed or comply with
City of Fort Collins
Park Planning & Development Division
SECTION 01600 - MATERIALS AND EQUIPMENT
Page 2 of 3
the Contract Document provisions concerning substitutions" or obtain approval for use of an
unnamed product.
3. Nonproprietary Specification Requirements: When Specifications list products or manufacturers
that are available and may be incorporated in the Work, but do not restrict the Contractor to use
these products only, the Contractor may propose any available product that complies with Contract
requirements. Comply with Contract Document provisions concerning "substitutions" to obtain
approval for use of an unnamed product.
4. Descriptive Specification Requirements: Where Specifications describe a product or name, provide
a product or assembly that provides the characteristics and otherwise complies with Contract
requirements.
5. Compliance with Standards, Codes, and Regulations: Where Specifications only require
compliance with an imposed code, standard, or regulation, select a product that complies with the
standards, codes, or regulations specified.
6. Visual Matching: Where Specifications require matching an established Sample, the Owner's
decision will be final on whether a proposed product matches satisfactorily.
7. Visual Selection: Where specified product requirements include the phrase "... as selected from
manufacturer's standard colors, patterns, textures..." or a similar phrase, select a product and
manufacturer that complies with other specified requirements. The Owner will select the color,
pattern, and texture from the product line selected.
PART 3 - EXECUTION
3.01 Installation of Products
A. Comply with manufacturer's instructions and recommendations for installation of products in the
applications indicated. Anchor each product securely in place, accurately located and aligned with
other Work.
END OF SECTION
City of Fort Collins SECTION 01600 - MATERIALS AND EQUIPMENT
Park Planning & Development Division Page 3 of 3
[DIVISION A '
'
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.
i '
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 final additional changes to the Contract Sum.
3. Submit a certified coov 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
Park Planning & Development Division
SECTION 01700 - CONTRACT CLOSEOUT '
Page 4 of 5
i
SECTION 00020
INVITATION TO BID. '
1
10. Cleaning.
11. Warranties and bonds.
12. Maintenance agreements and similar continuing commitments.
B. As part of instruction for operating equipment, demonstrate the following procedures:
1. Startup.
2. Shutdown.
3. Emergency operations.
4. Noise and vibration adjustments.
5. Safety procedures.
6. Economy and efficiency adjustments.
7. Effective energy utilization.
3.02 Final Cleaning
A. General: The General Conditions require general cleaning during construction. Regular site cleaning
is included in Division 1.
B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface
or unit to the condition expected in a normal, commercial building cleaning and maintenance program.
Comply with manufacturer's instructions.
1. Complete the following cleaning operations before requesting inspection for certification of
Substantial Completion.
C. Removal of Protection: Remove temporary protection and facilities installed for protection of the Work
during construction.
1. Remove labels that are not permanent labels.
2. Clean transparent materials, including mirrors and glass in doors and windows.
3. Clean exposed exterior and interior hard -surfaced finishes to a dust -free condition, free of stains,
films, and similar foreign substances. Restore reflective surfaces to their original condition.
Leave concrete floors broom clean.
4. Wipe surfaces of mechanical and electrical equipment. Remove excess lubrication and other
substances. Clean plumbing fixtures to a sanitary condition. Clean light fixtures and lamps.
5. Clean the site, including landscape development areas, of rubbish, litter, and other foreign
substances. Sweep paved areas broom clean; remove stains, spills, and other foreign deposits.
Rake grounds that are neither paved nor planted to a smooth, even -textured surface.
D. Compliance: Comply with regulations of authorities having jurisdiction and safety standards for
cleaning. Do not bum waste materials. Do not bury debris or excess materials on the Owner's
property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove
waste materials from the site and dispose of lawfully.
1. Where extra materials of value remain after completion of associated Work, they become the
Owner's property. Dispose of these materials as directed by the Owner.
END OF SECTION 01700
City of Fort Collins
Park Planning & Development Division
SECTION 01700 - CONTRACT CLOSEOUT
Page 5 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 — 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 — Erosion Control
Contractor shall install and maintain erosion control items during construction in accordance with the Drawings and
Specifications including, but not limited to Sections 107 and 208 of the most current CDOT Road & Bridge
Construction Manual, construction entrance, silt fence, concrete washout, bales, etc. Contractor also shall obtain a
State of Colorado Stormwater Discharge Permit as part of the erosion control. State of Colorado Stormwater
Discharge Permit application will be provided by the City of Fort Collins. This permit takes approx. 10 days to
receive from the time of submittal and needs to be on -site before the project can start.
Bid Item 3 — Topsoil Remove/Replace
Contractor shall furnish all labor, materials and equipment to strip, stock, distribute, rough grade, and fine grade (4"
thick) topsoil from limits of grading. Bid amount includes all labor, material and equipment for a complete item in
accordance with the Drawings and Specifications.
Bid Item 4— Unclassified Excavation
Contractor shall furnish all labor, materials and equipment for site excavation including stockpiling, distribution,
removal of debris and haul and disposing of all excess material per Drawings and Specifications.
Bid Item 5 — Trail Stabilization — CDOT #357
The unit price for this item shall include supplying and placing trail stabilization in wetlands in accordance with the
Drawings and Specifications or as otherwise directed by the ENGINEER.
Bid Items 6 — 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 includes sub -grade preparation which consists of ripping soil to 8" and
re -compacting to 95% proctor, installation of 5" thick (4,000 psi) standard concrete with fiber mesh reinforcement,
and integral color additive equaling 2 lbs. per sack of Yosemite Brown color, forming; furnishing and applying
curing compounds; finishing and edging the concrete surfaces; joints and joint materials; furnishing and compacting
base course as required for preparation of a stable sub base; 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 — 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 includes sub -grade preparation which consists of ripping soil to 8" and
re -compacting to 95% proctor, installation of 5" thick (4,000 psi) standard concrete with fiber mesh reinforcement,
forming; furnishing and applying curing compounds; finishing and edging the concrete surfaces; joints and joint
materials; furnishing and compacting base course as required for preparation of a stable sub base; and all other
City of Fort Collins
Park Planning & Development Division
Section 01800 - Definition of Bid Items '
Page 1 of 3
related and necessary materials, work, and equipment required to construct the flatwork areas in accordance with the
Drawings and Specifications.
Bid Items 8 — 2' and 4' Concrete Walls
Contractor shall furnish all labor, materials and equipment to install a 2' high wall and 4' high wall in accordance
with the Drawings and Specifications. The unit price includes sub -grade preparation which consists of ripping soil
to 8" and re -compacting to 95% proctor, installation of 2' wall and 4' wall with (4,500 psi) concrete, rebar and
integral color additive equaling 2 lbs. per sack of Yosemite Brown color, forming; furnishing and applying curing
compounds; finishing and edging the concrete surfaces; joints and joint materials; furnishing and compacting base
course as required for preparation of a stable sub base; and all other related and necessary materials, work, and
equipment required to construct the flatwork areas in accordance with the Drawings and Specifications.
Bid Item 9 —12" RCP Culvert with F.E.$ (C.I.P.)
Contractor shall furnish all labor, materials and equipment to install 2(two) 12" RCP with flared end sections under
the proposed 6' and 10' trail per City of Fort Collins standard and specification in the location shown on the
drawing.
Bid Item 10 — (2) 12" RCP Culvert with 12" Headwalls (C.I.P.)
Contractor shall furnish all labor, materials and equipment to install 12" RCP with 12" gray concrete headwalls
under the proposed 10' trail per City of Fort Collins standard and specification in the location shown on the drawing.
Bid Item 11 — 18" RCP Culvert with 18" F.E.S. (C.I.P.)
Contractor shall furnish all labor, materials and equipment to install 18" RCP with flared end sections under the
proposed 10' trail per City of Fort Collins standard and specification in the location shown on the drawing.
Bid Item 12 — Buried Rip Rap Protection 6'x6'x18"
Contractor shall furnish all labor, materials and equipment to construct a buried rip rap protection in accordance to
the drawings and specifications.
Bid Item 13 — Buried Rip Rap Protection 8'x6'x18"
Contractor shall furnish all labor, materials and equipment to construct a buried rip rap protection in accordance to
the drawings and specifications
Bid Item 14 — Pedestrian Bridge Abutment w/ Helix Pier System
Contractor shall furnish all labor, materials and equipment to construct a helical pier bridge abutment for the
pedestrian bridge(s) in accordance to the drawings and specifications.
Bid Item 15 — 30 Foot Pedestrian Prefabricated Bridge
Contractor shall furnish ail labor, materials and equipment to install 2(two) 10' wide by 30' long pedestrian bridges
in accordance to the drawings and specifications.
Bid Item 16 — 55 Foot Pedestrian Prefabricated Bridge
Contractor shall furnish all labor, materials and equipment to install a 12' wide by 55' long pedestrian bridge in
accordance to the drawings and specifications.
Bid Item 17 —60 Foot Pedestrian Prefabricated Bridge
Contractor shall furnish all labor, materials and equipment to install a 12' wide by 60' long pedestrian bridge in
accordance to the drawings and specifications.
Bid Item 18 — 4' Privacy Fence
Contractor shall furnish all labor, materials and equipment to install a 4' high shadow box cedar privacy fence
adjacent to the new 2' concrete retaining wall in accordance to the drawings and specifications.
City of Fort Collins
Park Planning & Development Division
Section 01800 -Definition of Bid Items
Page 2 of 3
Bid Items 19 — Landscape Restoration — Seed Mix #1
Contractor shall provide all soil preparation; fine grading; fertilizer; herbicide; seed; labor; hydro -mulching and
equipment to seed any area disturbed during construction in accordance with the Drawings and Specifications.
Bid Items 20 — Landscape Restoration — Seed Mix #2
Contractor shall provide all soil preparation; fine grading; fertilizer; herbicide; seed; labor; hydro -mulching and
equipment to seed any area disturbed during construction in accordance with the Drawings and Specifications.
END OF SECTION
END OF DIVISION 1
City of Fort Collins Section 01800 - Definition of Bid Items
Park Planning & Development Division Page 3 of 3
l_pVis[6kY
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
Park Planning and Development Division
Section 02100 — Mobilization
Page 1 of 2
i
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 '
J
1
City of Fort Collins Section 02100 — Mobilization '
Park Planning and Development Division Page 2 of 2
e
L1
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 4
PART 2 - MATERIALS
2.01 Soil Materials
A. Coarse -grained soils free from debris, roots, organic material, and non -mineral matter containing
no particles larger than 4-inch size and classified as either:
1. Sands with fines (SM, SC) and less than 25 percent of the soil particles passing the No. 200
sieve, or
2. Clean sands (SW, SP)
3. Native soils as determined acceptable by the Owner's Representative.
PART 3 - EXECUTION
3.01 Preparation
A. Field measurements: Before commencing work, locate all baselines and coordinates required for
control of the work; establish required grade staking for control of excavation, fill and
embankment construction. Field verify by excavation the location all utility crossings, service
connections, and connections to existing lines before proceeding with earthwork.
B. Layout Lines and Levels: .
1. Before earthwork operations are started, all construction items shall be completely staked out
for the Owner's approval.
C. Removal of Top Soil: Strip existing earthen material (topsoil) to a depth of 4 inches over the entire
site. Stockpile on site in area approved by Owner's Representative. Keep topsoil segregated.
Place, grade, and shape stockpile for proper drainage.
3.02 Excavation
A. Prior to beginning excavation operations, accomplish all site preparation in accordance with the
specifications. Perform excavation of every description to conform to the grades and elevations
per the plans and/or specifications.
3.03 Clearing the Site
A. All areas underlying new structures, paved areas, site fills and embankments shall be cleared of
stumps, shrubs, brush, and other vegetative growth.
B. Any material containing roots, grasses and other deleterious or organic matter generally found in
the top six inches of undisturbed natural terrain shall be stripped from all areas requiring
excavation, grading, trenching, subgrade preparation for foundations and embankment work. The
City will require stripped top soil deemed suitable for spreading over the finished grades to be
stockpiled and preserved until the finished grading operation, at which time it shall be spread
uniformly over areas to be seeded or sodded.
C. Upon completion of the project, phase of the project, or termination of the use of any particular
area, site, storage yard right-of-way or easement, the Contractor shall promptly and neatly clean up
the area and re-establish the ground to the contours required by the project or conditions prior to
project commencement.
City of Fort Collins Section 02200 — Earthwork and Grading
Park Planning & Development Division Page 2 of 4
3.04 Earth Fill Construction
A. The Contractor shall perform all grading to the lines and grades specified and/or established by the
Owner's Representative, with an appropriate allowance for topsoil. All slopes shall be free of all
exposed roots and stones exceeding 3-inch diameter, which are loose and liable to fall. Tops of
banks shall be rounded to circular curves not less than 6-feet in radius.
B. Rounded surfaces shall be neatly and smoothly trimmed. Topsoil shall be replaced to a depth of
4-inches in areas to be revegetated.
C. The Contractor shall protect the fill against freezing when atmospheric temperature is less than 35
degrees F (1 degree Q.
3.05 Compaction
A. The Contractor shall meet minimum percentage density specified for each area classification as
follows. Percentage of Maximum Density Requirements: Compact soil to not less than the
indicated percentages of maximum density relationship determined in accordance with ASTM D
698.
Paved Areas, Utilities and Sidewalks - 95 percent
2. Unpaved Areas - 90 percent
B. Control moisture content within 2% of optimum moisture content as determined by ASTM D 698.
Where subgrade or layer of soil material is too dry to permit compaction to the specified density,
uniformly apply water to surface of cut area, subgrade, or loosely placed layer of soil material.
Mix soil and applied water by blading, disking, or other methods to achieve uniform moisture
content throughout the soil mass to be compacted.
C. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to
specified density. Soil material that has been removed because it is too wet to permit compaction
may be stockpiled or spread and allowed to dry. Assist drying by disking, harrowing or
pulverizing until moisture content is reduced to a satisfactory value.
D. Puddling is not an acceptable method of compaction.
3.06 Grading
A. Paved Areas: Immediately prior to placing structural pavements, shape area to the required
lines, grades, and limits to provide the finished elevations indicated and roll with an approved
heavy vibratory roller until compacted to the specified density. Maintain moisture content within
2% of optimum during final rolling and until subgrade is covered by subsequent construction.
Remove loose material and protect subgrade until covered. The subgrade under all paved areas
shall conform to the proposed subgrade elevations of the trail.
B. Landscape Area and Remainder of Site:
1. Rough grade areas to 4 inches below finish grade. After rough grading is finished,
compacted and approved, scarify area to a depth of at least 6 inches.
2. Place previously stockpiled topsoil in all areas within the limits of the project not
indicated to receive subsequent foundations, slabs on grade, walks, safety surfacing
or other similar materials.
City of Fort Collins
Park Planning & Development Division
Section 02200 — Earthwork and Grading
Page 3 of 4
3. Uniformly distribute topsoil on the disturbed area and evenly spread to a thickness of
4 inches deep after light compaction. Perform spreading so that planting can proceed
with little additional soil preparation or tillage. Do not place topsoil when subgrade
is frozen, excessively wet, extremely dry or in a condition otherwise detrimental to
specified grading, seeding and planting specifications.
C. Finish Grading:
1. Grade all excavated sections, filled sections, construction disturbed areas and
adjacent transition areas to finish elevation. Make finished surfaces smooth,
compacted and free from irregular surface changes.
2. Unless indicated otherwise on drawings, finish grade area adjacent to sidewalks and
pavements to %z inch below finish elevation of sidewalk and pavement.
3. Remove all construction debris. Grades not otherwise indicated shall be uniform
levels or slopes between such points and existing finish grade. Abrupt change in
slopes shall be rounded.
3.07 Settlement
A. Where completed compacted areas are disturbed by subsequent construction operations or adverse
weather, the Contractor shall scarify the ground surface, re -shape, and compact to required density
prior to further construction.
B. Any settlement in backfill, fill, or in structures built over the backfill or fill, which may occur
within the guarantee period in the General Conditions will be considered to be caused by improper
compaction methods and shall be corrected at no cost to the City. Any structure damaged by
settlement shall be restored to their original condition by the Contractor at no cost to the City.
3.08 Disposal of Excess Excavation and Waste Materials and Special Requirements
A. The Contractor shall dispose of all excess excavated material not required for fill on -site, as
directed by the Engineer.
B. The Contractor shall remove and be responsible for legally disposing of excess fill material not
placed on -site, waste materials, trash and debris.
C. The Contractor shall conduct all site grading operations and other construction activities to
minimize erosion of site soil materials. He/she shall be responsible to maintain streets/public
ROW daily by removing any spillage of dirt, rocks or debris from equipment entering or leaving
the site.
END OF SECTION
City of Fort Collins Section 02200 — Earthwork and Grading
Park Planning & Development Division Page 4 of 4
SECTION 00020
INVITATION TO BID
Date: September 21, 2011
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 13,
2011, for the Fossil Creek Trail at Stanton Creek; BID NO. 7289. 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. O. 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 7289. The Work includes
erosion control, minor earthwork, 2 new 30' pedestrian bridges, 1 new 55' pedestrian
bridge, 1 new 60' pedestrian bridge, new 10' wide colored concrete trail, 2' retaining
walls, a 4' shadow box privacy fencing, 4 new 12" & 18" culvert pipes, hydro -seeding
and hydro -mulching for any areas disturbed by construction and surveying.
All Bids must be in accordance with the Contract Documents on file with the City of Fort
Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
A prebid conference and job walk with representatives of prospective Bidders will
be held at 10:00 AM, on September 28, 2011, in Conference Room 2A at 215 N
Mason Street, 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://www.fcqov.com/eprocurement
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section 2.3 of
General Conditions. Substantial Completion of the Work is required as specified in the
Agreement.
The successful Bidder will be required to furnish a Performance Bond and a Payment
' Bond guaranteeing faithful performance and the payment of all bills and obligations
arising from the performance of the Contract.
1 No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for
opening Bids.
'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 conditioti.
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
' Park Planning & Development Division
Section 02221 - Trenching, Backfilling and Compacting
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.
t
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
DMSION 2
SECTION 02230 — CLEARING AND GRUBBING
PART 1 — GENERAL
1.01 Description of work
A. This work shall consist of clearing, grubbing, removing, and disposing of all vegetation and debris
within the limits of the project and such other areas as may be SHOWN ON THE DRAWINGS.
This work shall also include preservation of vegetation and objects designated to remain from
injury or defacement.
B. The Contractor shall be responsible for the procurement of all applicable licenses, permits, and
fees related to Forestry work in the City of Fort Collins as required for the specified work.
PART 2 — MATERIALS — Not used
PART 3 — EXECUTION
3.01 Protection of Existing Improvements
A. Provide protection necessary to prevent damage to existing improvements indicated to remain in
place.
B. Protect improvements on adjoining properties and on City's property.
C. Restore damaged improvements to their original condition, acceptable to parties having
jurisdiction.
D. Protect existing trees and other vegetation indicated to remain in place, against unnecessary
cutting, breaking or skinning of roots, skinning and bruising of bark, smothering of trees by
stockpiling construction material or excavated material within drip line, excess foot or vehicular
traffic, or parking of vehicles within drip line. Provide temporary guards to protect trees and
vegetation to be left standing.
E. Water trees and other vegetation to remain within limits of contract work as required to maintain
their health during course of construction operations.
F. Provide protection for roots over 1-1/2" diameter cut during construction operations. Coat cut
faces with emulsified asphalt, or other acceptable coating, formulated for use on damaged plant
tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out; cover
with earth as soon as possible.
G. Repair or replace trees and vegetation indicated to remain which are damaged by construction
operations, in a manner acceptable to parties having jurisdiction. Employ qualified tree surgeon to
repair damages to trees and shrubs. Replace trees which cannot be repaired and restored to full
growth status, as determined by the City.
3.02 Site Clearing
A. Site clearing consists of removing and properly disposing of ground vegetation, shrubs, bushes,
downed trees, and debris within the project area.
B. Branches on remaining trees and bushes in the way of construction shall be trimmed outside the
collar and branch bark ridge of the limb.
C. Cultured shrubs, bushes, and other vegetation to remain shall be protected.
D. Use only hand methods for grubbing inside drip line of trees indicated to be left standing.
City of Fort Collins
Park Planning & Development Division
Section 02230 — Clearing and Grubbing
Page 1 of 2
E. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless
further excavation or earthwork is indicated.
F. Place fill material in horizontal layers not exceeding 12" loose depth, and thoroughly compact to a
density equal to adjacent ground.
3.03 Individual Stump Removal
A. Removal of stumps will require the removal of all roots over three inches in diameter to a
minimum depth of six inches below subgrade. Roots over three inches in diameter protruding
from an excavated slope shall be cut flush with the excavated slope surface.
3.04 Disposal
A. Disposal of clearing debris, waste materials and unsuitable or excess topsoil shall be off site at an
area provided by the Contractor, at Contractor's expense, unless otherwise SHOWN ON THE
DRAWINGS.
B. Burning of debris on City property is not allowed.
C. Remove debris from site in a timely manner.
END OF SECTION
City of Fort Collins Section 02230 — Clearing and Grubbing
Park Planning & Development Division Page 2 of 2
I
U
DIVISION2
--------__— —_ _— _ ----.._._I
SECTION 02750 - PORTLAND CEMENT CONCRETE PAVING
QPART
1-GENERAL
Scope
A.
Furnish all labor, materials, supplies, equipment, transportation, and perform all operations in
connection with and reasonably incidental to complete installation of concrete paving as shown on
the drawings and as specified herein. Items of work specifically included are:
B.
Subgrade preparation for trail
C.
Form work.
D.
E.
Reinforcement.
Surface finish.
F.
Construction, expansion and control joints.
G.
Curing.
H.
Concrete trail
' Work Not Included
A. Items of work specifically excluded or covered under other sections:
' B. Excavation and backfill.
C. Earthwork and grading.
D. Cast -in -place structural concrete or precast concrete, such as foundations, drainage appurtenances,
and pad and building.
E. Joint sealers.
Related Work
'
A.
Division 2 - Site Work:
a. Section 02200 - Earthwork/Grading.
b. Section 02221 -Trenching, Backfilling, and Compaction.
References
'
A.
ACI 301 - Specifications for Structural Concrete for Buildings.
B.
ASTM C33 - Concrete Aggregate.
C.
ASTM C150 - Portland Cement.
D.
ASTM C260 - Air Entraining Admixtures for Concrete.
E.
ASTM C309 - Liquid Membrane - Forming Compounds for Curing Concrete.
F.
ACI 304 - Recommended Practice for Measuring, Mixing, Transporting, and Placing Concrete.
G.
ACI 305R - Hot Weather Concreting.
'
H.
ACI 306R-Cold Weather Concreting.
1.
ACI 308 - Standard Practice for Curing Concrete.
City of Fort Collins SECTION 02750 - Portland Cement Concrete Paving
Park Planning & Development Division Page 1 of 8
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 3' test panel for finish and tooling of joints for Owner approval. Provide one panel
for each pavement type specified. In casting the panels, use personnel and methods to be
employed on the work.
B. If sample disapproved, cast additional samples until approval is obtained. Maintain test panel on
site until finished work is accepted. Test panel will represent minimum workmanship standard.
C. Work completed prior to text panel approval shall be subject to removal and replacement at
Owner's request.
PART 2 MATERIALS
2.01 Concrete Materials:
A. General: Provide materials of same brand and source throughout the project unless otherwise
noted.
B. Portland Cement: ASTM C 150, 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 /<-Inch Nominal Maximum Size
Y4 Inch 90 — 100
3/8 Inch 60 — 80
No. 4 40 — 60
No. 8 30 — 45
City of Fort Collins SECTION 02750 - Portland Cement Concrete Paving
Park Planning & Development Division Page 2 of 8
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,32/< inch.
4. Accepted Materials: "Fibermesh" by Fiber -mesh 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.
E.
Accelerator: Nonchloride, ASTM C494, Type C or E.
Retarder: ASTM C494, Type B D.
or
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.
I
2.06 Concrete Mix:
A. Mix concrete in accordance with ASTM C94.
City of Fort Collins
Park Planning & Development Division
SECTION 02750 — Portland Cement Concrete Paving
Page 3 of 8
I . Provide concrete for colored pavement (FC Trail at Stanton Creek) 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 %2 inches
'/< lb. /CY
4.5% to 7.5%
0.45
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 301 3.9. Proportioning base on method of ACI 301
3.10 not allowed.
1. Field test records used for documentation of the average strength produced by a propos mix in
accordance with ACI 301 3.9.3.2 shall, in addition to the requirements listed, comply with the
following:
a. The test record shall represent production concrete from a single design mix produced
during the past year.
b. The test record shall represent concrete proportioned to produce the maximum slur
allowed by these specifications, and for air -entrained concrete, within a +0.5% of t
maximum air content allowed.
2. Mixes proportioned on the basis of trial mixtures shall meet the provisions of ACI 301 3.9.3.3.
PART 3 EXECUTION
3.01 Subgrade Preparation:
A. Shape and compact subgrade to match appropriate detail. Compact to 95% density as measured by
ASTM D698. Coordinate with Section 02200 — Earthwork, Article 3.05, Compaction.
B. Where Subgrade cannot be compacted, remove Subgrade. Replace with bed course. Compact to
95% density as measured by ASTM D698.
C. Moisten subgrade to minimize absorption of water from fresh concrete. Subgrade shall not be
muddy, soft, frozen, or covered with standing water when concrete is placed.
3.02 Form Work:
A. General: Design, construct, and brace forms in accordance with ACI 301 and AGI 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.
1. Forms in the floodway shall be surveyed by a licensed Surveyor for conformation with
existing grade elevation prior to concrete pour. This is a responsibility of the Contractor
City of Fort Collins SECTION 02750 — Portland Cement Concrete Paving
Park Planning & Development Division Page 4 of 8
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 manufacturers 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
cutting before shrinkage cracks occur. Joints perpendicular to walls may be less than required
City of Fort Collins
Park Planning & Development Division
SECTION 02750 - Portland Cement Concrete Paving
Page 5 of 8
r
depth within 6'inches of the wall, and may stop 2 inches from the wall. Wash slurry from
concrete to avoid staining of slab. '
3. Tooled Joints: Control joints may be cut into the plastic concrete during finishing operations. .
Tooled joints shall have''/< radius, and shall not incorporate a troweled edge unless
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 Type Maximum Spacing '
Colored sidewalk Sawn Joints 10' c-c
'
3.05 Concrete:
A.
Preplacement Inspection: Form work installation, reinforcing steel placement, and installation of
all items to be embedded or cast in, to be verified by the Owners 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
Owners 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 comers and around
embedments and reinforcement.
,
H.
Surface Leveling: Strike off and level surface with screed of sufficient length to span the slab.
On slabs greater than 15 feet wide, use intermediate screed strips.
3.06 Finishes:
'
A.
Broom Finish: Concrete flatwork shall receive a heavy broom finish applied at a right angle to the
direction of travel. The plaza area shall have smooth troweled joints, 1 %2 inches from the
,
City of Fort Collins
SECTION 02750 — Portland Cement Concrete Paving
Park Planning & Development Division Page 6 of 8
,
1
The OWNER reserves the right to reject any and all Bids, and to waive any informalities ,
and irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany each Bid '
in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council,
shall have a financial interest in the sale to the City of any real or personal property,
'
equipment, material, supplies or services where such officer or employee exercises
directly or indirectly any decision -making authority concerning such sale or any
supervisory authority over the services 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
James B. O'Neill, II, CPPO, FNIGP
Purchasing & Risk Management Director ,
11
1
I
LIB
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 Y4 inch
in height.
'
2. Surfaces Exposed to View: Patch tie holes and defects. Completely remove fins.
Schedule Finishes:
of
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 Y< 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 formed, linear
of or cut or tooled element:
a. In 20 feet: Y2 inch.
b. For entire length: 1 inch.
3.09 Field Quality Control:
I
1
[1
J
A. Field inspection and testing will be performed under provisions of Paragraph 1.06, Tests, and as
specified below.
B. Forms in the floodway shall be surveyed by a licensed Surveyor prior to concrete pour to ensure
conformation to current grade conditions. This is a responsibility of the Contractor.
C. Concrete Tests:
1. Shall be provided by the Contractor and shall be accordance with requirements of ACI 301,
Chapter 16 — Testing, except as noted or modified in this section.
a. Strength test.
i. Mold and cure four cylinders from each sample.
ii. Test one at 7 days and one at 14 days for information and one at 28 days for
acceptance. Keep the remaining one as a spare to be tested as directed by the Owner.
b. Minimum samples.
i. Collect the following minimum samples for each 28-day strength concrete used in the
work for each day's placing:
Quantity Number of Samples
50 cubic yards or less one
50 to 100 cubic yards two
100 cubic yards or more two plus one sample for each
City of Fort Collins
Park Planning & Development Division
SECTION 02750 - Portland Cement Concrete Paving
Page 7 of 8
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:
I_ 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 bome 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
I
IDMSION 2
SECTION 02820 — FENCING
PART 1 -GENERAL
1.01 Scope
A. Furnish all labor, materials and equipment, and perform all operations required for the proper
installation of fences and gates, including all concrete, earthwork, hardware, and other accessories
as SHOWN ON THE DRAWINGS or specified in this section. Work includes cleanup of the site.
1.02 Shop Drawings
A. N/A
1.03 Submittals
A. Submit manufacturer's product data for materials described in this section.
PART 2: MATERIALS
2.01 Fence Fabric and Hardware
'
A. Fabric and hardware shall be as SHOWN ON THE DRAWINGS.
2.02 Posts
A. Wood shall be of sound, seasoned wood, peeled and with ends cut as shown on the drawings. The
'
posts and rails shall be straight and all knots trimmed flush with the surface.
B. All dimensional timber and lumber required for fences and gates shall be sound, straight, and
reasonably free from knots, splits, and shakes.
C. All wood members are to be cedar; or treated wood mill ACQ, or with a product approved by the
City. CCA treated wood is no longer allowed by the City of Fort Collins.
'
D. The requirements for peeling and treating may be omitted for red cedar posts and rails.
2.03 Concrete
A. Minimum depth for posts as indicated on drawings. Cylindrical holes. Excavate for the full depth
'
of post, diameter as indicated. Concrete shall have a minimum 28-day compressive strength of
3,000 psi.
B. Aggregate shall conform to Standard Specification for Concrete Aggregate, ASTM C33-85. Any
admixture, except air entraining agent, accelerators and retardants must be approved by the
Engineer.
1
C. Cement used shall conform to Standard Specifications for Portland Cement, ASTM C 150-85,
AASHTO M 85, Type I, II or Type 1/II.
D. Air -entraining agents shall conform to ASTM C 260-77
2.04 Fences near Electric Lines
A. At each location where an electric line crosses a fence containing metal, grounding of the fencing
shall be accomplished in accordance with the following: A galvanized or copper -coated steel
grounding rod eight feet long with a minimum diameter of %z inch shall be installed directly below
the point of crossing. The rod shall be driven vertically until the top is six inches below the
City of Fort Collins Section 02820 — Fencing
Park Planning & Development Division Page 1 of 2
ground surface. A number six solid copper conductor or equivalent shall be used to connect each
metal fence element to the grounding rod. The connections shall be either brazed or fastened with
non -corrosive clamps approved by the Engineer.
B. When a power line is within 500 feet and runs parallel or nearly parallel to the fence, the fence
shall be grounded at each end, at gateposts, and at intervals not to exceed 1,500 feet.
PART3: EXECUTION
3.01 Installation
A. General: Construct fence to line and grades indicated. Construct fence in accordance with
manufacturer's instructions and as specified. Stake post locations for review by Engineer before
proceeding. Construct fence in a craftsman -like manner with skilled people experienced with this
type of fence. Do not begin installation and erection of fence before final grading is completed,
unless permitted by the Engineer. CONTRACTOR IS RESPONSIBLE FOR LOCATING AND
FIELD VERIFYING UTILITIES.
B. Tree, brush, and other obstacles along the fence line that interfere with the fence shall be removed.
Continuous grubbing or grading along the fence line shall not be done. Where possible, the fence
shall be erected on natural ground. The clearing width shall be to the extent needed to install the
fence. Disposal of clearing debris shall be off site at the contractor's expense.
C. Where breaks in a run of fencing are required, or at intersections with existing fences, post spacing
shall be adjusted to meet requirements for the type of closure.
D. The bottom of the fence fabric shall generally follow the contour of the ground. Grading shall be
performed where necessary to provide a neat appearance. Where abrupt changes in the ground
profile make it impractical to maintain the specified ground clearance, longer posts may be used
and multiple strands of wire stretched thereon. At grade depressions, where stresses tend to pull
posts from the ground, bracing shall be installed as SHOWN ON THE DRAWINGS.
E. Wire splicing shall be as SHOWN ON THE DRAWINGS.
F. All posts shall be repaired in accordance with approved procedures after cutting or drilling.
G. Excavation: Excavate for concrete to dimensions indicated. Clear excavations of loose material.
Dispose waste material on site as directed by the Engineer.
H. Fence post setting: Set posts plumb and aligned in concrete footings. Settle concrete to eliminate
voids, and slope to drain to adjacent grade. Allow concrete to cure a minimum of 72 hours before
proceeding with work affecting the posts. All posts shall be set vertical and to the grade and
alignment as SHOWN ON THE DRAWINGS. Top of posts shall not be cut unless approved by
the Engineer. All field cuts, holes, etc. shall be treated with preservative matching existing
treatment.
I. Fabric: Pull fabric taut and secure to fence posts.
END OF SECTION
City of Fort Collins Section 02820 — Fencing
Park Planning 8 Development Division Page 2 of 2
DIVISION 2 -- - - -- - - -. _.------------------ --- - -- -- — ----- ----�
SECTION 02890 - PEDESTRIAN AND LIGHT VEHICLE BRIDGE - IPE DECKING
PART 1 -GENERAL
1.01 SECTION INCLUDES
A. This section contains requirements for a fully engineered clear span bridge and shall be the
minimum standards for design and construction.
B. Clear span length and width of two (2) bridges shall be 30 feet and 10 feet respectively.
C. Clear span length and width of one (1) bridge shall be 55 feet and 12 feet respectively.
D. Clear span length and width of one (1) bridge shall be 60 feet and 12 feet respectively.
1.02 RELATED SECTIONS
N/A
1.03 QUALITY ASSURANCE
A. Bridge shall meet the referenced standards as called for in the following paragraphs.
B. Bridge design shall be certified by a Registered Colorado Professional Engineer.
1.04 SUBMITTALS
A. Submit complete shop Drawings to the ENGINEER for review.
B. Submit manufacturer's certification of compliance with referenced standards.
1.05 PRODUCT DELIVERY AND HANDLING
A. Coordinate delivery requirements with manufacturer.
B. Comply with manufacturer's requirements for unloading, lifting, and placement.
1.06 DESIGN REQUIREMENTS
A. Railing: Minimum height of 54" (top of truss top chord).
B. Maximum horizontal opening in railing of 4 (four) inches.
C. Loading Design: Uniform live load of 60 psi Concentrated live load of 10,000 pounds vehicle
weight on bridge plus thirty percent (30%) impact. Minimum wind load of 25 psf. Horizontal
pressure as if enclosed surface. Railing load of 50 pounds per lineal foot of horizontal load.
D. Mounting plates shall allow for thermal expansion.
E. All allowable design stresses shall be in compliance with the specifications of the design,
fabrication, and erection of structural steel for buildings by the American Institute of Steel
Construction AISCF and UBC.
City of Fort Collins
Park Planning & Development Division
Section 02890 - Pedestrian and Light Vehicle Bridge - IPE Decking
Page 1 of 4
F. Sizes:
Length: 30 feet.
Clear unobstructed inside width: 10' minimum.
Length: 55 and feet.
Clear unobstructed inside width: 12' minimum.
Length: 60 feet.
Clear unobstructed inside width: 12' minimum.
Vertical members shall be spaced 48" on center with odd panel dimensions divided between
each end of the truss.
Railings: Install for full length of bridge.
Camber: Five percent (5%) of %z of span (if required).
Nominal 2"x 6" wood rub rails on inside of bridge shall be placed 42" above the top of the
bridge deck.
PART PRODUCTS
2.01 FABRICATION
A. General
1. Workmanship, fabrication, and shop connections shall be in accordance with AWS and AISC
specifications.
2. All welding shall be done by welders certified for AWS, D.1 structural welding requirements.
3. Welding electrodes for self -weathering, corrosion -resistant steel shall have the same
weathering characteristics such as E5018 or equivalent.
4. All boldly exposed members shall have mill scale removed according to steel structures
preparation specifications 06 Commercial Blast Cleaning SSPC-SP6-63.
A. Materials
Metal Fabrication: Bridge to be fabricated from high strength low -alloy atmospheric
corrosion -resistance ASTM A606 type 4 steel, self -weathering, (U.S.S. Cor Ten) ASTM A242
or ASTM A588 structural steel shapes and tubing (FY=50,000 psi.). Bolts and nuts shall be in
accordance with specifications for structural joints using ASTM A325 or A490 bolts. Anchor
bolts A307 or A36. E8018 series electrodes of equivalent for welding. Material thickness and
design of member shall be fully engineered for the length and style of each bridge requirement
specified.
2. Hardwood Decking: All decking shall be full thickness planks unless approved otherwise.
Wood decking shall be naturally durable hardwood Ipe (Tabebuia Spp Lapacho Group).
All planks shall be partially air dried to a moisture content of 15% to 20%, and shall be
supplied S4S (surfaced four sides), E4E (eased four edges), with the edges eased to a
radius of 1/8". Measured at 30% moisture content, the width and thickness shall not vary
from specified dimensions by more than ± 0.04 inches. All planks shall be supplied with
the end sealed with "Anchorseal" Mobil CER-M or an equal aquious wax log sealer.
All planks shall be graded as FEQ-CAH (First Export Quality -Clear All Heart) grading
rules, defined as follows:
City of Fort Collins Section 02890 - Pedestrian and Light Vehicle Bridge - IPE Decking
Park Planning & Development Division Page 2 of 4
Lumber shall be graded both faces and both edges.
Lumber shall be straight grained, maximum slope of grain to be 1:10.
Lumber shall be parallel cut without heart centers or sapwood.
Lumber shall be in sound condition, free from wormholes or knots.
Allowable Imperfections are:
All faces: Natural drying checks, Discoloration caused by weathering or
chemical reaction, Bow or Spring which can be removed using normal
installation methods and tools.
Imperfections Not Allowed:
Longitudinal heart cracks, Internal cracks, Firm or Soft sap wood, Splits, End
splits, Ring shades, Fungi affects (blue to gray, brown to red, white to yellow, or
incipient decay), Deformation (twisting or cupping) which cannot be removed
using normal installation methods and tools.
All planks shall meet or exceed the following mechanical properties (based on the 2"
standard) as defined by the U.S. Forest Products Laboratory publications and testing
data:
MC% Modulus of Rupture Modulus of Elasticity Max. Crush Strength
12% 22,360 psi 3,140,000 psi
13,010 psi
Janka side hardness is 3680 lbs. at 12% moisture content
Average air-dry density is 66 to 75 pcf.
Basic specific gravity is 0.85 - 0.97.
All planks shall be naturally fire resistant without the use of any fire resistant
preservatives to meet NFPA Class A and UBC Class I.
Planks shall be supplied that meet or exceed the Static Coefficient of Friction for both
neolite and leather shoes in accordance with ASTM Test Method C1028-89.
SHOE MATERIAL
Neolite
Leather
FORCE IN POUNDS
DRY WET
0.73 0.69
0.55 0.79
For transverse wood decking, wheel loads shall be assumed to act on one plank only.
The wheel loads shall be distributed on the plank along a length equal to the tire print
width. The plank shall be designed for shear and bending in accordance with the support
conditions and spacing. For design, the following unfactored allowable stresses shall be
used:
City of Fort Collins
Park Planning & Development Division
Allowable Bending = 3700 psi
Allowable Shear = 320 psi
Modulus of Elasticity = 3,000,000 psi
Section 02890 - Pedestrian and Light Vehicle Bridge - IPE Decking
Page 3 of 4
At time of installation, planks are to be placed tight together with no gaps.
Every plank must be attached with at least one fastener at each end.
All fasteners to be zinc plated. Self -tapping screws or hex -head bolts, with a steel plank
hold down, are to be used at the ends of planks. Self -tapping screws or carriage bolts are
to be used as interior connection fasteners when required. Power actuated fasteners will
not be allowed.
Planks are to be drilled prior to installation of bolts and/or screws.
In addition to at least one fastener at each end of every plank (typical for all
installations), planks for bridges with widths of 72" to 143" shall be attached with a
minimum of two fasteners at a location approximately near the center of the bridge
width. Bridges wider than 143" are to have two fasteners located at a minimum of two
interior stringer locations, approximately at the third points of the bridge width.
Attachments at the ends of the planks may be modified as required when
obstructions, such as interior safety system elements, prevent installation of the specified
hold down system.
END OF SECTION
City of Fort Collins
Park Planning & Development Division
Section 02890 - Pedestrian and Light Vehicle Bridge - IPE Decking
Page 4 of 4 '
11
DIVISION
SECTION 02930 — NON -IRRIGATED SEED CONSTRUCTION
PART 1 - GENERAL
1.01 Work Included
A. The Contractor shall furnish all labor, materials, tools, equipment and perform all work and
services necessary for native dryland seed construction in the quantities required. Furnish and
install all supplementary or miscellaneous items, appurtenances and devices incidental to or
necessary for a healthy, sound, and complete, craftsman -like installation. Work to include:
I. Application of herbicides.
2. Soil preparation.
3. Fine grading of all planting areas.
4. Seeding and mulch.
5. Maintenance.
1.02 Submittals & Quality Assurance
A. Submit three copies of:
1. Manufacturer's specifications and literature on all products;
2. Manufacturer's tests (within 6 months of application) on supplied products;
3. Complete materials list including quantities and description of materials.
B. Provide at least one person who shall be present at all times during execution of this portion of the
work and who shall be thoroughly familiar with the type of materials being installed and the best
methods for their installation and who shall direct al work performed under this section.
1.03 Inspection
A. Initial Inspection: Contractor will inspect existing site conditions and note irregularities affecting
the work of this section. Verify that grading operations have been satisfactorily completed and
that topsoil of adequate quantity and quality has been placed in all disturbed areas as specified.
Verify that the areas to be revegetated are protected from concentrated runoff and sediment from
adjacent areas. Note any previous treatments to the areas such as temporary seeding or mulching
and discuss with the City Representative how these treatments will affect permanent revegetation.
Report all irregularities affecting work of this section to the City Representative before initiating
work. When the Contractor begins work under this section, it implies acceptance of existing
conditions.
B. Substantial and Final Acceptance:
I. Contractor shall notify City Representative prior to start of work. City Representative will be
responsible to monitor the work.
2. Upon completion of the seeding operations, the contractor shall notify the City
Representative to review the work. If all work is acceptable, the City Representative shall
record the date and issue a "Conditional Acceptance" certificate which states that the
Contractor shall begin maintenance of all seeded areas as specified.
City of Fort Collins
Park Planning & Development Division
Section 02930 — Non -Irrigated Seed
Page 1 of 4
3. Seeded areas shall receive "Final Acceptance" provided a healthy, even colored, viable turf is
established, free of weeds and undesirable grass species, disease and insects. Seeded areas
shall meet the required coverage for seed establishment.
1.04 Guarantee
A. Guarantee all seeded areas for a period of one growing season from final acceptance.
PART 2 - MATERIALS
2.01 Herbicide:
A. Round -Up.
2.02 Seed
A. Seed shall be of the latest crop available and shall meet Colorado Department of Agriculture Seed
Laws, Chapter 35, Article 27. Seed which has become wet, moldy, or otherwise damaged in transit
or in storage shall not be used. All seed shall be delivered in sealed bags showing weight, analysis,
and vendor's name.
B. The seed mixture shall be applied at a pure live seed (PLS) rate per acre as shown in table.
C. If the available seed as supplied does not meet the pure live seed (PLS) specification, 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 = pounds of pure live seed (PLS)
SEED MIX #1
Percent
Pounds
Species Common Name
Scientific Name
of Mix
PLS /
acre
Blue Grama
Bouteloua gracilis
30
14
Buffalo Grass
Buchloe dactyloides
20
13
Sheep's Fescue
Festuca ovina
50
13
Totals
100
19.5
SEED MIX #2
Percent Pounds
Species Common Name Scientific Name of Mix PLS /
acre
Sideoats Gramma
Slender Wheatgrass
Switch Grass
Blue Grams
Western Wheatgrass
Buffalo Grass
Annual Rye or some other
covercrop
Totals
City of Fort Collins
Park Planning & Development Division
Bouteloua curtipendula
12.82
2.5
Elymus Tmchycaulus
10.25
2
Panicum virgatum
7.7
1.5
Bouteloua gracilis
10.25
2
Pascopyrum smithii
28.22
5.5
Buchloe dactyloides
10.25
2
20.51
4
too 19.5
Section02930—Non-irrigated Seed '
Page 2 of 4
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SECTION 00100
INSTRUCTIONS TO BIDDERS
2.03 Fertilizer
COMMERCIAL FERTILIZER CONTENT & APPLICATION RATE
Commercial fertilizer (13 - 16 - 24) Percent available by weight Application rate in Ibs/acre
Nitrogen 13 65
Phosphorus 16 80
Potassium 24 120
2.04 Mulch
Clean straw or grass hay supplied from local area.
2.05 Tackifier
Non toxic, organic tackifrer, or approved equal.
PART 3 - EXECUTION
3.01 General
A. The pattern for seeding and mulching, and fertilization if required, shall be as detailed or as
required by field conditions to provide a uniform stand of specified vegetation acceptable to the
Owner.
B. In no case shall revegetation activities take place within 30 days of the application of a chemical
weed control substance.
C. All vegetative construction work accomplished under this section shall be guaranteed for a period
of one (1) (growing season?) year from the completion and acceptance by the Owner of the work.
All vegetation which is dead, not in vigorous and thriving condition, or is partially damaged shall
be replaced as soon as weather and site conditions permit.
D. Warranty excludes replacement of plants after final acceptance because of injury by storm,
drought, drowning, hail, freeze, insects or diseases.
3.02 Site Preparation
A. Apply Roundup herbicide to all weeds in undisturbed areas that shall be re -seeded. Allow
herbicide to sit for 7 days before tilling or preparing soil for seed/sod. Apply Roundup at
manufacturer's recommended rate for vegetation type specified.
B. Prepare areas as follows:
1. Remove any existing vegetation not scheduled to remain.
2. Rip existing topsoil to a minimum depth of eight inches in one direction using an agricultural
ripper with tines spaced at no greater than 18 inches. Areas adjacent to walks, structures,
curbs, etc., where the use of large mechanical equipment is difficult, shall be worked with
smaller equipment or by hand.
3. In tree protection areas, the topsoil shall be worked by hand to a depth of 3 inches.
4. Remove all rubble, stones, plant material and extraneous material over 1 %2 inches in diameter
from the site.
5. Apply pre -planting fertilizer specified in Part 2 of this section.
6. Restore fine grade with float drag to remove irregularities resulting from tilling operations.
Float drag in two directions. Coordinate restoration of fine grade to establish the vegetation
subgrade at one inch below adjacent paved surfaces. Match grade at property lines and work -
limit lines.
City of Fort Collins
Park Planning & Development Division
Section 02930 — Non -Irrigated Seed
Page 3 of 4
C. Remove any additional stones over 1% inches that have come to the surface. Perform drainage test
by applying water with the irrigation system. Do not plant until the finished grade is reviewed by
the City Representative. This review does not reduce Contractor's responsibility to provide a
finished product that drains properly.
3.03 Seed Application
A. Seed areas indicated on drawings and areas disturbed by construction.
B. Apply by broadcasting or drilling at the rate specified.
C. Selection of the time of seeding shall be Contractor's responsibility, consistent with erosion
control and seeding requirements.
D. Re -work previously prepared areas that have become compacted or damaged by rains or traffic.
E. Do not drill or sow during windy weather or when ground is frozen or untillable.
F. Cover seed to depth between 1/4 to 1/2 inch by raking or harrowing.
G. Firm seeded areas with a roller weighing maximum of 100 lbs. per foot of width.
3.04 Mulching
A. Apply mulch on all seeded areas.
B. Spread uniformly at a rate of one ton per acre.
C. Immediately following the spreading of hay or straw mulch, anchor the material into the soil a
minimum of 3 inches by means of a mulch anchoring machine equipped with large goulder-type
disc spaced at approximate 8 inch centers.
3.05 Hydraulic Seeding & Mulching Option
A. As an option, the Contractor may accomplish seeding, fertilizing, and mulching by hydraulic spray
application. Seed and fertilizer are required at the rates specified, and wood cellulose fiber mulch
is required to be applied at a rate of one ton /acre.
B. Combine seed 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 specified. Do not compact hydraulically seeded areas following application. If seed and
mulch are applied in a single application, the rate of seed application shall be doubled.
3.06 Maintenance
A. N/A
3.07 Reseeding & 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.
D. Reseed and mulch areas that have been damaged or disturbed by the Contractors operation
according to these specifications.
END OF SECTION
City of Fort Collins
Park Planning & Development Division
Section 02930 — Non -Irrigated Seed
Page 4 of 4
1
I
DMSION 3
SECTION 03100 - CONCRETE FORMWORK
2=4aZKe7:Iill I:1:7\I
1.01 Work Included
A. Furnish labor, materials and equipment necessary for the complete construction of required
formwork for cast -in -place concrete.
B. Furnish and install anchor bolts, connectors, embedded plates, dovetail slots and anchors and other
accessories required to be cast into concrete work.
C. Furnish materials and equipment necessary to strip and remove formwork.
D. Install embedded items furnished by other Sections.
E. Related work specified elsewhere:
1. Section 02220, Earthwork and Grading.
2. Section 02221, Trenching, Backfilling and Compaction.
3. Section 02750, Portland Cement Concrete Paving.
4. Section 03300, Cast -in -Place Concrete.
5. Section 07900, Sealants and Joint Fillers.
1.02 Quality Assurance
A. General: Conform to the requirements and recommendations of ACI 301, "Specification for
Structural Concrete in Buildings", and ACI 347, "Recommended Practice for Concrete
Formwork", unless otherwise shown.
B. Contractor shall be responsible for the design and engineering, construction and maintenance of
formwork, as well as its adequacy and safety.
C. Contractor shall design formwork for all loads and lateral pressures before and during placement
of concrete. Maintain position and shape of formwork at all times. Provide positive means of
adjustment for shores and forms which rest on compressible material.
1.03 Product Delivery, Storage and Handling
A. Fiber Forms: Store prefabricated fiber forms on site horizontally if length requires, supported
along the entire length of the form and elevated a minimum 4" off of ground, completely covered
with waterproof membrane including ends, and not stacked over 5'-0" high. If stored vertically, the
ends shall be covered with waterproof membrane and elevated a minimum 4" off of ground.
PART 2 — PRODUCTS
2.01 Formwork and Exposed Concrete
A. Construct all formwork for exposed concrete surfaces with metal-framed/plywood-faced, metal or
plastic panel -type materials to provide continuous, straight, smooth, solid exposed surfaces.
Furnish in largest practicable sizes to minimize number of joints. Do not use any forms having
defects on contact surfaces.
1. Plywood forms will only be acceptable upon specific approval of the Owner Architect,
and then only after visual inspection on the job site.
City of Fort Collins Section 03300 - Cast -in -Place Concrete
Park Planning & Development Division Page 1 of 5
0
2. Plywood shall be sufficiently thick to withstand pressure of wet concrete without bow or
deflection but shall not be less than 5/8" thick, complying with U.S. Product Standard PS- '
1, 'B-B High Density Overlaid Concrete Form, Class 1 ", or "B-B Exterior Type DFPA
Plyform, Class V.
B. Chamfer exposed external corners and edges, using chamfer strips accurately fabricated to
produce uniform smooth lines and tight -edge joints. '
C. Refer to the Drawings for locations where special joints may be required.
D. Arrangement for sheets or liner sheets shall be orderly and symmetrical. Form ties shall be spaced '
uniformly and aligned horizontally and vertically where locations are exposed to view in the
completed project.
2.02 Formwork and Unexposed Concrete
'
A. Form concrete which will be unexposed in finished structure with plywood, boards, metal or other
acceptable material. Provide lumber that is dressed on at least two (2) edges and one (1) side for a
tight fit.
1. Below -Grade Pier Forms: Sonotube Fiber Form "An or equal, specified in paragraph 2.03
'
below.
B. Earthen or trenched forms shall not be used for vertical formwork.
'
2.03 Round Tubular Fiber Forms
A. General: Prefabricated round, one-piece tubular fiber forms for exposed, round cast in -place
concrete columns, formed from multiple layers of high quality fiber, spirally wound and laminated
'
with non -water sensitive adhesives.
B. Finish:
'
1. Coated form producing visible spiral seam, Sonotube Fiber Form "A" coated or equal.
C. Size(s): Diameter and lengths as required to produce finished columns of the size(s) shown on the
Drawings.
'
D. Approved Manufacturers:
1. Sonotube as manufactured by Sonoco Products Company, Hartsville, SC, (800) 532-
8248, and represented locally by RW Specialties, Inc., Henderson, CO, (800) 332-6682.
'
2. Manufacturers providing form materials of same type, function, quality and performance
are acceptable.
2.04 Accessory Materials
A. Premolded Joint Fillers: In joints caulked or sealed with silicone or thiokol-based compound, filler
shall be non -bituminous, non -extruding, conforming to ASTM D1752. In all other joints, filler
,
shall be bituminous type conforming to ASTM D1751. Filler shall be 1/2" thick, unless otherwise
indicated.
1. Non -Bituminous Filler: Sonoflex F by Sonneborne or equal. '
B. Premolded Fiberboard Joint Fillers (Bituminous -Type): Preformed rigid cane fiberboard material,
impregnated with a durable asphaltic compound, conforming to AASHTO-M213. Fillers shall be
1/2" thick, unless otherwise indicated. t 1. Bituminous Filler: Flexcell by Celotex or approved equal.
C. Bond Breaker: Where shown on the Drawings or required by the work, provide minimum two (2)
layers 15-lb. non -bituminous felt bond breaker. '
City of Fort Collins Section 03300 — Cast -in -Place Concrete '
Park Planning & Development Division Page 2 of 5
D.
Column Isolation Joints: Joints around columns may be formed with minimum 30# nonbituminous
building felt left in place with neatly trimmed top edge or approved joint filler material.
E.
Keyways: Provide nominal 1-1 /2" deep keyways in all construction joints in walls, slabs and
joints between walls and slabs, unless otherwise shown.
F.
Form Ties: Provide factory -fabricated break -back, removable, or snap -type form ties designed to
prevent spalling concrete surfaces on removal and which will leave no metal within 1/2" of
concrete surface. Use stainless steel, plastic -coated or hot -dipped galvanized at exposed concrete
with cone -shaped tie heads, manufactured by Dayton, Gates, Heckman, Richmond or approved
t
equal.
G.
Release Agent: Provide commercial formulated synthetic resin or oil -type form coating
compounds that will not bond with or adversely affect concrete surfaces and will not impair
'
subsequent finish treatment of surfaces, manufactured by Protex Pro -Coat, Euclid Eucoslip, J & P
Tex -Mastic or approved equal.
1. Contractor shall ensure that release agent is compatible with the finish requirements of
'
concrete to be exposed to view.
H.
Metal Inserts: Provide adjustable wedge inserts of malleable cast iron complete with bolts, nuts,
washers, 3/4" bolt size, unless otherwise shown, manufactured by Hohmann and Barnard,
Gateway, Dayton or approved equal.
I.
Embedded Dovetail Anchor Slots and Anchors: Refer to Section 03250, Concrete Accessories.
J.
Embedded Plates, Sleeves and Anchor Bolts: Miscellaneous embedded items furnished by other
'
Sections. Refer to the appropriate Section(s) in these Specifications.
'
PART 3 — EXECUTION
3.01 Preparation
A.
Site preparation and compaction of existing and/or imported fill materials shall be in accordance
with the requirements of the Soils Investigation Report and Section 02225. If the foundation
structure design shown on the Drawings and/or specified will not strictly conform to this
requirement, advise Owner/Architect/Engineer before proceeding with work of this Section.
'
B.
Expansion, Construction and Other Joints: Properly layout work and make necessary preparations
for construction of specified joints in cast -in -place concrete work.
1. Take special care to provide joints to allow for removal of sections of concrete
'
foundations, walls or flatwork for future construction where shown on the Drawings.
C.
Ensure that connector plates, sleeves, dovetail anchor slots and other concrete accessories
embedded in concrete are properly located, aligned and secured prior to placing concrete.
'
3.02 Fabrication
A.
Construct forms complying with ACI 347 to the exact sizes, shapes, lines and dimensions as
shown on the Drawings and as required to obtain accurate alignment, location, grades, level and
t
plumb work in finished structures. Use selected material to obtain the required finishes. Concrete
tolerances shall be as specified in Section 03300.
B.
Construct formwork to be readily removable without impact, shock or damage to cast in -place
'
concrete surfaces and adjacent materials.
C.
Provide formwork sufficiently tight to prevent leakage of cement paste during concrete placement.
Solidly butt all joints and provide backup materials at joints as may be required to prevent leakage.
'
Ensure that formwork is properly braced and tied.
City of Fort Collins Section 03300 — Cast -in -Place Concrete
Park Planning & Development Division Page 3 of 5
D. Provide openings in forms as required to accommodate other work. Accurately place and securely
support all items required to be built into the forms. Size and locations of openings, recesses,
chases and other built-in items shall be obtained from the Contractor or the trades involved.
3.03 Preparation of Form Surfaces
A. Prior to each use, coat contact surfaces of forms with release agent prior to placement of
reinforcement, in accordance with the manufacturer's recommendations. Do not allow excess
coating material to accumulate in forms or to come into contact with concrete surfaces against
which fresh concrete will be placed.
B. Do not apply form release agent where concrete surfaces will receive special finishes or applied
coverings which are affected by agent. Refer to Section 03300 for required concrete finishes.
C. Ensure that all debris and frost has been removed from forms before placing concrete.
D. Clean, repair and recoat surfaces of forms that are to be reused. Split, frayed, delaminated or
otherwise damaged form facing materials will not be acceptable.
E. When forms are extended for successive concrete placement, thoroughly clean surfaces, remove
fins and tighten forms to close all joints. Align and secure all joints to avoid offsets.
3.04 Erection of Round, Tubular Fiber Forms
A. General: Erect, brace and maintain prefabricated fiber forms in accordance with the manufacturer's
written instructions and recommendations.
B. Provide fiber forms in continuous, one-piece lengths for all project applications.
C. Ensure that cages of reinforcing steel have been properly fabricated and tied, inspected and
approved before installing fiber forms.
D. Drop fiber forms over reinforcing steel cage either manually, with block and tackle, or by crane,
depending upon sizes and lengths.
E. Take all necessary precautions to prevent damaging the interior surfaces of the forms.
F. Brace fiber forms as recommended by the manufacturer and as required by job conditions before,
during and after concrete placement.
3.05 Removal of Formwork
A. Formwork not supporting weight of concrete such as sides of grade beams, walls and similar parts
of work may be removed 48 hours after placing concrete, providing concrete is sufficiently hard to
not be damaged by removal operations and providing that curing and protection operations are
maintained. Refer to specific requirements for hot- and cold- weather concreting in Section 03300.
B. Formwork for beam soffits, slabs and other parts that support the weight of concrete shall remain
in place at least 14 days and until concrete has reached its specified 28-day strength.
C. Whenever formwork is removed during the curing period, cure exposed concrete as specified in
Section 03300.
D. Prefabricated Fiber Forms: Remove forms as soon as possible after concrete has set. This is to
generally occur between 24 and 48 hours, but not exceeding 5 days, in strict accordance with the
manufacturer's written instructions and recommendations. Take all necessary precautions not to
mar concrete surfaces.
E. Prefabricated Fiber Forms: Forms for unexposed, below -grade piers need not be removed. Trim
excess form material flush with top of pier, or finish grade for exterior locations.
F. Contractor shall verify required tolerances specified in Section 03300 immediately after removal
of forms.
City of Fort Collins Section 03300 — Cast -in -Place Concrete
Park Planning & Development Division Page 4 of 5
G. Carefully remove fins or other minor surface defects from concrete to remain exposed in the final
construction, and leave surfaces prepared for sealers, paint, skim coats or other finishes. Repair
minor imperfections as specified in Section 03300.
END OF SECTION
0
City of Fort Collins
Park Planning & Development Division
Section 03300 — Cast -in -Place Concrete
Page 5 of 5
li
SECTION 03200 — CONCRETE REINFORCING
PART 1 —GENERAL '
1.01 Work Included
A. Famish, bend and install all reinforcing bars, welded wire fabric, ties and supports. '
B. Famish and install fiber reinforcing materials.
C. Related work specified elsewhere:
1. Section 03300, Cast -in -Place Concrete. '
1.02 Quality Assurance
A.
Fabricate and place reinforcing steel in accordance with the latest edition of ACI 315, "Manual of
'
Standard Practice for Detailing Reinforced Concrete Structures', and as detailed on the Drawings.
B.
Contractor Quality Assurance Program: Refer to Section 03300 for requirements.
C.
Reference Standards: Comply with requirements of the following codes and standards, except as
'
otherwise shown or specified:
1. ACI 318, "ACI Standard Building Code Requirements for Reinforced Concrete".
2. ACI 315, "Manual of Standard Practice for Detailing Reinforced Concrete Structures'.
'
3. ACI 301-72, "Specifications for Structural Concrete for Buildings'.
4. CRSI "Manual of Standard Practice".
,
5. CRSI "Recommended Practice for Placing Reinforcing Bars'.
6. CRSI "Recommended Practice for Placing Bar Supports".
7. AWS D12.1, 'Recommended Practices for Welding Reinforcing Steel, Metal Inserts and
,
Connections in Reinforced Concrete Construction'.
D.
Contractor shall obtain specific approval from the Architect/Engineer for the following items:
'
1. Relocation of bars to an extent that causes placement tolerances to be violated.
2. Bar chairs and spacers.
3. Splices not shown on the Drawings and mechanical connectors.
'
4. Bending of reinforcement embedded in hardened concrete.
1.03 Product Delivery, Storage and Handling
A.
Deliver reinforcement to site in strongly tied bundles with metal tags corresponding to bar
schedules and diagrams. Store on the site free of rust, scale, oil or other coating. Store bars off the
'
ground and protect from moisture, dirt, oil or deleterious coatings.
B.
If concreting is delayed for any considerable period of time after reinforcement is in place, it shall
be protected by suitable covering.
'
C.
Protect exposed reinforcement intended.for bonding with future extensions by suitable covering, if
applicable.
'
City of Fort Collins Section 03200 — Concrete Reinforcing '
Park Planning & Development Division Page 1 of 3
I
PART 2 — PRODUCTS
2.01 Reinforcing Materials
A.
Bars: ASTM A615-82, 60 KSI grade, deformed billet steel bars, plain finish, as indicated on the
'
B.
Drawings. Bars shall be free of scale or other bond -reducing coatings.
Ties, stirrups and field bent bars, #3 or smaller, may be ASTM A615, 40 KSI grade. Welded Wire
Fabric: ASTM A185 or A497, plain type in flat sheets, plain finish, welded intersections, in sizes
as indicated on the Drawings. Use of coiled rolls shall not be permitted.
'
C.
Steel Wire: Provide plain cold -drawn wire conforming to ASTM A82.
D.
Fiber Reinforcing: Collated, fibrillated polypropylene fiber, Fiber Mesh I, Fiber Mesh, Inc.,
'
Chattanooga, TN, or equal.
2.02 Accessory Materials
'
A.
Accessories shall be of suitable type conforming to ACI 315 and shall include spacers, chairs, tie
bars, support bars and all other devices for properly assembling, placing and supporting
reinforcement, weight of concrete and workmen without displacement of reinforcement. Wood,
brick, block, concrete chips and other non-metallic devices are not acceptable.
'
B.
For exposed -to -view concrete surfaces where legs of supports are in contact with forms, provide
supports with legs which are hot -dipped galvanized, plastic protected or stainless steel protected.
C.
Wire Ties: Wire for tying shall be annealed, cold -drawn wire of at least 16-gage.
2.03 Fabrication
A.
Shop fabricate reinforcing bars to conform to the required shapes and dimensions with fabrication
'
tolerance complying with ACI 315. Cold bend bars in a manner which will not injure material.
B.
Straightening or rebending at site will not be permitted for bars over 40 KSI yield strength.
C.
Where reinforcing bars are shown welded to structural steel, bars are to be furnished by rebar
'
supplier and welded in place by structural steel erector.
'
PART 3 — EXECUTION
3.01 Preparation
A. Site preparation and compaction of existing and/or imported fill materials shall be in accordance
'
with the requirements of Section 02225. If the foundation structure design shown on the Drawings
and/or specified will not strictly conform to this requirement, advise Architect/Engineer before
proceeding with work of this Section.
3.02 Splices
A. Splices not shown on the Drawings must be approved by the Architect/Engineer.
'
B. Lapped splices shall be securely wired together. Minimum laps shall be in accordance with
requirements of ACI 318 and ACI 301-72 and as shown on the Drawings. Offset vertical lap
splices at least one bar diameter.
C. Lapped splices for welded wire fabric shall be made so that overlap of outermost wires is not less
than one full mesh. Lace splices together with 16-gage wire
' City of Fort Collins Section 03200 — Concrete Reinforcing
Park Planning & Development Division Page 2 of 3
3.03 Placing Reinforcing Steel
D. Prior to placing into position, thoroughly clean reinforcement of mill and excessive rust, scale,
dust, mud, oil, ice and all other deleterious coating which may destroy or reduce bond.
E. All reinforcing shall be placed in accordance with the Drawings and the "Manual of Standard
Practice for Detailing Reinforced Concrete Structures", AC1315, ACI 301 and ACI 318.
F. Accurately place and support reinforcing steel with chairs, bar supports, spacers or hangers as
recommended by ACI detailing manual except in slab -on -grade work. Support bars in slabs -on -
grade and footings with approved accessories.
G. Place reinforcing bars to a tolerance of+/- 1/4", except that minimum spacings between bars shall
be to a tolerance of+/ - 1/4". Bars may be moved as necessary to avoid interference with other
reinforcing steel, conduit or embedded items. The Architect! Engineer's approval must be obtained
prior to moving bars under these circumstances.
H. Securely anchor and tie reinforcing bars and dowels prior to placing concrete.
I. Place reinforcement to obtain at least the minimum coverage for concrete protection shown on the
Drawings and specified. Do not place reinforcement with additional concrete cover unless
expressly approved by the Structural Engineer.
J. Steel reinforcing bars shall run continuous through cold joints.
3.04 Placing Welded Wire Fabric
A. Welded wire fabric shall be placed 2" below slab surface or as indicated on the Drawings and shall
not be permitted to be placed on subgrade prior to concrete placement and hooked into position.
Reinforcement shall be fully supported at required elevation prior to concrete placement. Use
continuous chairs or support bars in structural slabs to maintain proper locations as shown on the
Drawings.
B. Install welded wire fabric using full sheets as large as possible. Lap adjoining pieces as specified
herein. Offset end laps in adjacent widths to prevent continuous laps in either direction.
3.05 Placing Fiber Reinforcing
C. Place fiber reinforcing in accordance with manufacturer's written instructions and
recommendations.
1-1/2 lbs. per cu. yd., unless otherwise recommended by manufacturer.
PART 4 — SCHEDULES
4.01 Schedule of Reinforcing Materials
A. Reinforcing materials shall be placed in quantities, sizes and spacing as shown on the Drawings
and/or as scheduled herein:
Reinforcing bars and welded wire fabric shall be installed where shown or scheduled on
the Drawings.
B. Fiber reinforcing shall be placed in all poured -in -place concrete flatwork, including exterior
concrete drives, apron pavements and curb and gutter sections, sidewalks, etc., regardless of
whether these already are reinforced with steel or wire materials.
C. Fiber reinforcing is not required in footings, foundation walls, grade beams and piers.
END OF SECTION
City of Fort Collins Section 03200 - Concrete Reinforcing
Park Planning & Development Division Page 3 of 3
'
City of Financial Services
Purchasing Division '
Fort Collins 215 N. Mason St Floor
PO Box 580
Fort Collins, CO 8052522
970.221.6775
970.221.6707
Pu rch as I ng fcgov.com/purchasing
ADDENDUM No. 1 '
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of BID 7289: Fossil Creek Trail at Stanton Creek '
OPENING DATE: 3:00 PM (Our Clock) October 13, 2011
'
To all prospective bidders under the specifications and contract documents described
above, the following changes/additions are hereby made and detailed in the following
sections of this addendum:
,
Exhibit 1 — General Clarifications
Exhibit 2 — Revised Bid Schedule
'
Exhibit 3 — Revised Definition of Bid Items
Exhibit 4 — New & Revised Plan Sheets
'
Please contact John Stephen, CPPO, LEED AP, Senior Buyer, 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.
,
'
Addendum 1 - 7289 Fossil Creek Trail at Stanton Creek Page 1 of 13
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.
DMSION 3-- - — -..^ -- — —
SECTION 03300 - CAST -IN -PLACE CONCRETE
PART 1 - GENERAL
1.01 Scope
A. Furnish all labor, materials, supplies and equipment and perform all operations including mixing,
forming, reinforcing, placement, consolidation, curing, stripping, and finishing. Items of work
include but are not limited to: drainage appurtenances, wall foundations and any other cast -in -
place structural concrete.
1.02 Work Not Included
A. Walks, curb and gutter, interior slabs, and other site paving.
1.03 Related Work
A. Section 02200 — Earthwork and Grading.
B. Section 02221 —Trenching, Backfilling and Compaction.
C. Section 02510 —Portland Cement Concrete Paving.
D. Section 07900 —Joint Sealers
1.04 Quality Assurance
A. Contractor Experience
1. The work shall be done in a thorough, workmanship manner by contractors experienced in
concrete construction.
2. Contractor references for five similar, successfully executed projects will be required.
3. The Contractor(s) guarantee their respective work against defective materials or faulty
workmanship for a period of one year.
B. City Standards: The requirements for curb, gutter, and sidewalk in the City of Fort Collins Design
Criteria and Standards for Street (which for the remainder of this section shall be referred to a
"City Standards") will apply, except where specifically modified herein.
C. Quality Control: Concrete Testing Service; Owner will engage a testing laboratory to perform
materials evaluation, testing and design of concrete mixes. If test results meet the applicable
specification, 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 until the item meets
specifications shall be bome by the Contractor.
The following sampling and testing shall occur during concrete placement, as follows:
1. Sampling: ASTM C172, "Specific Gravity and Absorption of Concrete Aggregate." ASTM
C31, "Making and Curing Concrete Test Specimens in the Field."
2. Slump: ASTM C143, "Slump of Portland Cement Concrete," one test for each set of
compressive test specimens taken at point of discharge.
3. Air Content: ASTM C231, "Air Content of Freshly Mixed Concrete by the Pressure Method,"
one for each set of compressive strength specimens.
4. Compressive Strength: ASTM C39, "Compressive Strength of Cylindrical Concrete
Specimens."
City of Fort Collins
Park Planning & Development Division
Section 03300 — Cast -in -Place Concrete
Page 1 of 8
5. Report test results in writing to the Owner's Representative, Structural City Representative,
Architect, Contractor, and Concrete Producer on same day tests are made.
D. Mix Proportions and Design: City Standards shall be a minimum, unless more restrictive standards
are listed.
E. References:
1. ACI 301 — 89 - Structural Concrete for Buildings.
2. ACI 318 — 89 —Building Code Requirements for Reinforced Concrete.
1.05 Submittals
A. Test Results: Perform and submit test reports for the following products in accordancewith above
general reference standards and specific requirements of these specifications.
B. Proposed Mix Design:
1. The proportions of ingredients shall be selected to produce the proper placeability (slump),
durability (air content), strength and other required properties of the section.
2. Prior to commencing concrete work, submit and obtain Owner's approval of certified test
reports describing proposed concrete mix design.
C. Cylinder Compression Test Reports: Submit two copies of certified test reports to Owner.
D. Shop Drawings for Reinforcement Bars:
1. Before fabrication of reinforcing steel, the Contractor shall review and approve shop
drawings, bar lists, fabrication and setting drawings and shall submit same to Owner for
review. Include 1/8-inch scale plan of all floors and walls with reinforcing indicated.
2. Show sizes, quantity and dimensions for fabrication and placing of reinforcing bars and bar
supports.
1.06 Test Panels
Not applicable
1.07 Job Conditions
A. For hot or cold weather concreting refer to City Standards.
1.08 Guarantee/Replacement
A. The Contractor shall guarantee all concrete work for a period of two (2) years after acceptance
against defective workmanship and materials. The determination of the necessity during such
guarantee period for the Contractor to repair said curb, gutters, walks, driveways or crosspans, or
any portion thereof, shall rest entirely with the Owner whose decision upon the matter shall be
final and binding upon the Contractor.
PART 2 — MATERIALS
2.01 Concrete
A. Cement: ASTM C150, Type II or Type I/II Portland Cement.
B. Aggregates: ASTM C33, Specifications for Concrete Aggregates, maximum size not to exceed'/<
inches.
C. Water: Clean and not detrimental to concrete.
D. Air -Entraining Admixture: ASTM C494, Type A.
City of Fort Collins Section 03300 — Cast -in -Place Concrete
Park Planning & Development Division Page 2 of 8
E. Water -Reducing Admixture: Refer to City Standards.
F. Calcium Chloride: Use is prohibited.
G. Related Materials:
1. Construction Joints: Preformed metal keyway with removable plastic cap strip to be filled
with joint sealer. John Screedkey or equal.
2. Expansion Joint Fillers: ASTM D1752, %z inch thick, nonextruding, preformed flexible
closed -cell foam filler. Compression at 50%, 13.3 psi; extrusion 0.1 inch; recovery 99.21%;
water absorption percent by volume 0.246%. Test method D545. Submit sample.
3. Joint Sealing: See Section 07900.
4. Curing Materials: Refer to City Standards.
H. Form Materials: Refer to City Standards.
I. Form Release Agent: Nonstaining agent that will not impair color or bonding characteristics of
concrete.
J. Chamfer Strips: 3/< inch, 45 ❑job cutwood, or'/< inch 45 ❑PVC for unexposed surfaces. Use PVC
for exposed surfaces.
K. Reinforcing Materials:
1. Reinforcing Steel: Deformed billet -steel, uncoated finish.
2. Deformed Reinforcing Bars: ASTM A615, Grade 60 unless otherwise indicated. Use Grade
40 for ties and for dowels to be field bent.
3. Dowels: ASTM A615, 40 ksi yield grade plain steel, uncoated finish.
4. Tie Wire: No. 24 or No. 16 gauge, black, soft iron wire.
L. Dovetail Anchors: Open triangular stainless steel type, 3/16 inch in diameter and 3 %z inches long.
Dur-O-Wall D/A 720 or equivalent, to consist of an anchor and a dovetail slot. The dovetail slot
shall be cast into the concrete prior to installation of stone masonry.
City of Fort Collins
Park Planning & Development Division
Section 03300 — Cast -in -Place Concrete
Page 3 of 8
2.02 Concrete Production
A. Proportioning:
'
1. Design and proportion concrete to meet the following minimum compressive strengths and
other criteria:
'
Location Design
Required
Slump Minimum Maximum Air
Strength
7-Day
± 1" Cement Water -Cement Entrain-
28-Day
Strength
Factor Ratio by ment
'
Weight
Structural
Footings,
Grade
Beams,
Foundations,
Walls and all
Other
Concrete
4,000 2,800 4
4.5-7.5%
2. Other (e.g., drainage structures, manholes): Refer to individual specification sections.
3. For additional requirements, refer to City Standards.
PART 3 — EXECUTION
3.01 Preparation
A. Ensure that subgrade elevation is correct as shown on the drawings, that the subgrade has been
compacted to the specified density, and that the required density and moisture tests have been
performed within 48 hours of starting concrete work.
B. Where rough grading operations have over excavated, place, shape and conpact bed course to the
specified density.
C. Allow a minimum of two hours for Owner's Representative's checkout before first concrete is
placed.
D. For further subgrade preparation requirements refer to City Standards.
E. Cover masonry walls, glazing and other finish materials with polyethylene or other to protect from
damage.
3.02 Forming
A. Formwork
1. Erect forms substantial and sufficiently tight to prevent leakage of mortar and boarded or tied
to maintain the desired position, shape and alignment before, during and after concrete
placement. The use of earth as a form will not be allowed.
2. Forms shall conform to shape, lines and dimensions indicated on the drawings.
3. Forms shall be reviewed by Owner's Representative prior to concrete placement. Notify
Owner three days prior to pouring.
4. Anchors, Inserts, Blockouts and Built -In -Items: Securely fasten built-in items to formwork, or
hold in place with templates. Insertion into concrete after placement will not be permitted.
5. For additional formwork requirements, refer to City Standards.
City of Fort Collins Section 03300 — Cast -in -Place Concrete
Park Planning & Development Division Page 4 of 8
B. Joints
1. Expansion Joints: Place where shown on the details and drawings.
2. Construction Joints: Place construction joints at all cold joints and as shown on the details and
drawings. Submit to Architect for approval the locations of joints desired. Locatejoints in
walls and footings at least 8 feet from any corner. Leave joints in reinforced structural
members rough and provide longitudinal keys at least 1 %2 inches deep.
C. Embedded Items
1. Place all sleeves, inserts, anchors and embedded items required for adjoining work or for its
support prior to concreting. Coordinate with other construction trades before placing
concrete.
2. Position expansion joint material, waterstops, anchor bolts, masonry anchors, castings, steel
shapes, conduits, sleeves, and/or other embedded items accurately and support against
displacement. Fill voids in sleeves, inserts and anchor slots temporarily with readily
removable material to prevent the entry of concrete into the voids.
3. Install conduits between reinforcing steel in walls or slabs with reinforcing in both faces and
below reinforcing in slabs with only one layer of reinforcing steel.
4. Embedments shall be clean when installed. Remove concrete spatter from all surfaces not in
contact with concrete.
5. Provide dovetail slots for masonry anchors at a minimum of 18 inches on centers. Coordinate
with project mason.
3.03 Reinforcement
A. Comply with the specified codes and standards, CRSI "Manual of Standard Practice," ACI 301
and CSI-WCRSI "Placing Reinforcing Steel."
B. No bars shall be field -bent, except as indicated on the drawings or specifically permitted by the
Owner.
C. Position, support and secure reinforcement against displacement. Locate and support with metal
chairs, runners, bolsters, spacers and hangers as required. Set wire ties so ends are directed into
concrete, not toward exposed concrete surfaces. Do not use pebbles, pieces of broken stone,
common or face brick, metal pipe, or wood blocks to support reinforcement.
D. Provide standard reinforcement splices by lapping ends, placing bars in contact and tightly tying
wire. Comply with requirements of ACI 318 for minimum lap of spliced bars.
E. Assure that excavation, formwork and reinforcement are completed and that dirt, mud, encrusted
concrete, debris and ice, frost and excess water are removed.
F. Check that reinforcement is secured in place as shown on the drawings.
G. Verify that embedded items are secured in position.
H. Verify that all required tests for pipes under slabs have been completed. Assure that all hardened
concrete and foreign material is removed from the inner surface of conveying equipment.
3.04 Placement of Concrete
A. Conveying
1. Convey concrete from mixer to final position as rapidly as practicable without segregation or
loss of material.
2. Use only metal or metal -lined chutes with maximum length of 20 feet, having a maximum
slope of one vertical to two horizontal and a minimum slope of one vertical to three
horizontal.
City of Fort Collins
Park Planning & Development Division
Section 03300 — Cast -in -Place Concrete
Page 5 of 8
3. Provide a hopper at the end of long -belt conveyors and chutes not meeting the requirements in
Paragraph 2 above.
4. Conveying by pumping methods shall conform to ACI 304, Chapter 9.
a. Maximum loss of slump, 2 inches.
b. Do not pump concrete having a slump of less than two inches.
B. Depositing
1. Place concrete in compliance with the practices and recommendations of ACI 304,
"Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete," and as
herein specified.
2. Notify Owner not less than 8 working hours in advance of any pour and as soon as formwork
and reinforcing are substantially complete. Notify Owner's testing service not less than 8
working hours in advance of any pour to schedule necessary testing. .
3. No water shall be added to concrete at job site.
4. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on
concrete which has hardened sufficiently to cause the formation of seams or planes of
weakness within the section.
5. Maximum height of concrete free fall shall be 4 feet.
6. Perform concrete placing at such a rate that concrete which is being integrated with fresh
concrete is still plastic. Deposit concrete as nearly as practicable to its final location to avoid
segregation due to rehandling or flowing.
7. Do not subject concrete to any procedure that will cause segregation.
8. Protect concrete from physical damage or reduced strength due to weather extremes during
mixing, placement and curing.
9. Allow concrete to thoroughly settle before top is finished. Remove all latence, debris and
surplus water from surfaces at tops of forms by screeding, scraping or other effective means.
10. Overfill forms wherever top of a wall will be exposed to weathering and after concrete has
settled, screed off excess.
11. In cold weather comply with City of Fort Collins Specifications.
12. In hot weather comply with City of Fort Collins Specifications.
C. Consolidation
1. During and immediately after placement, thoroughly compact and work around all
reinforcements, embedments and into comers of forms, eliminating all air or stone pockets
which may cause honeycombing, pitting or planes of weakness, in accordance with the
recommended practices of ACI 309 "Recommended Practice for Consolidation of Concrete."
2. Where vibration is necessary to achieve proper consolidation:
a. Use mechanical vibrators that will maintain at least 9,000 cycles per minute when
immersed in concrete.
b. Minimum horsepower per vibrator shall be 1 %:.
c. Number and type of vibrators shall be acceptable to Owner.
d. Overvibrating and the use of vibrators to transport concrete laterally in forms will not be
allowed.
e. Vertically insert vibrators at points approximately 18 inches apart and to a depth to
penetrate 6 inches into the preceding layer.
City of Fort Collins Section 03300 — Cast -in -Place Concrete
Park Planning & Development Division Page 6 of 8
f. Vibrate each location for a length of time to obtain adequate consolidation (generally 5 to
15 seconds).
3.05 Concrete Finishes
'
A. Where work will be hidden from view, use rough form finish.
1. Patch tie holes and defects.
2. . Remove fins greater that '/4 inch in height.
B. Unless otherwise indicated, use formed surfaces or smooth form finishes where surfaces will be
visible.
'
1. Patch tie holes and defects.
2. Completely fins.
remove
' 3.06 Form Removal
A. Do not remove or disturb forms until the concrete has attained sufficient strength to safely support
all dead and live loads. Use care in form removal to avoid surface gouging, corner or edge
breakage and other damage to the concrete. Forms shall not be removed earlier than the following
' schedule:
1. Walls and columns not yet supporting loads: 24 hours.
' 3.07 Curing
A. For curing requirements, refer to City Standards.
'
3.08 Repair of Defective Concrete
A.
Repair to satisfaction of Owner, within 24 hours after removal of forms, all defects, including tie
holes, in concrete surfaces.
'
B.
Replace to satisfaction of Owner, within 48 hours after adjacent forms have been removed, all
honeycombed or otherwise defective concrete.
C.
Cut out and remove to sound concrete, with edges square cut to avoid feathering, all honeycombed
or otherwise defective concrete.
D.
Replace flatwork that does not match appearance standards of Contractor's reference projects or
sample panels
tE.
Fill all holes with a non -shrink grout such as Master Builders Masterflo 713 or approved equal.
3.09 Quality Control
A.
Concrete Tests: Coordinate and schedule testing with Owner's Representative
B.
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.
'
C.
Failure of Test Cylinder Results
' City of Fort Collins Section 03300 — Cast -in -Place Concrete
Park Planning & Development Division Page 7 of 8
1. Upon failure of the 28-day test cylinder results, the Owner may require the Contractor, at his
expense, to obtain and test at least three 2-inch diameter 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, the Owner may require the 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 cost 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 such as Mater Builders Masterflo 713 or approved
equal.
END OF SECTION
City of Fort Collins Section 03300 — Cast -in -Place Concrete
Park Planning & Development Division Page 8 of 8
;DIVISION 7
SECTION 07900 - JOINT SEALERS
PART 1: GENERAL
1.01 Work Included
A. Furnish and Install: Provide all caulking and sealant indicated on the Drawings, specified herein,
and not specified under other sections. In general, seal all openings indicated on the Drawings and
at other locations requiring caulking to seal visually and against infiltration from air and water,
including but not limited to the following:
1. Expansion joints in concrete walks
2. Exterior wall joints
3. Masonry control joints
4. Isolation joints, between structure and other elements
5. Joints at penetrations of walls, decks, and floors by piping and other service
equipment
6. Joints between items of equipment and other construction
7. Joints between door and window frames and adjacent materials, exterior and interior
8. Bedding for door thresholds
9. Open joints between dissimilar materials as required to close and conceal jointing
of the work
10. Construction and expansion ofjoints, joints between dissimilar materials; joints around
windows, door frames, louvers, and other penetrations and openings
11. Otherjoints as indicated
1.02 Submittals for Review
A. Color Samples: Submit color chart for each type of sealant in accordance with Division 1.
B. Product Data: Submit for each material intended for use and location of application in accordance
with Division 1.
1.03 Delivery, Storage and Handling
A. General: Comply with Section 01600. Deliver in original unopened containers and store in an
area not subject to extreme heat or cold.
1.04 Project Conditions
A. Environmental Conditions: Do not apply exterior sealants during wet weather or when the outside
temperature is below 40EF. Do not apply interior sealants when the inside temperature is below
60F.
1.05 Warranty
A. Provide a written three year warranty in writing covering materials and workmanship in
accordance with Section 01700. Warranty shall require installer, at no cost to Owner, to repair or
replace sealants which fail to perform as air -tight and water -tight joints; or fail in joint adhesion,
cohesion, abrasion resistance, weather resistance, extrusion resistance, migration resistance, stain
resistance, or general durability; or appear to deteriorate in any other manner not clearly specified
as an inherent quality of the material by submitted manufacturers data.
City of Fort Collins
Park Planning & Development Division
Section 07900 — Joint Sealers
Page 1 of 5
PART 2: PRODUCTS
2.01 Joint Backing Material
A. General: Size joint backing material for minimum 30% compression when inserted in that joint.
Material shall be round or semi -circular type.
B. Acceptable Manufacturers:
1. Dow Chemical Company, Ethafoam
2. Sonnebom, Sonofoam
3. Schlegel Manufacturing Company, Schlegelfcam
4. Denver Foam
5. Accepted Substitute
2.02 Sealant Material
C. Acceptable Manufactures:
1. DAP Incorporated
2. Parr, Inc.
3. Pecora Corporation
4. Products Research and Chemical Corporation
5. Sonnebom Building Products
6. Tremco Manufacturing Company
7. Mameco International
8. W.R. Grace and Company
9. Accepted Substitute
D. Silicone Sealant Manufacturer:
1. General Electric
2. Dow Corning
3. Accepted substitute in accordance with Section 01600
E. Acceptable Materials:
1. Interior and Under Thresholds: Latex acrylic, ASTM C834-761.
2. Other Caulking: Two component polyurethane, FS IT-S-00227E, Type II, Class A, non -
sag
3. Primer: As recommended by the sealant manufacturer.
4. Sealant at Concrete Paving: Two -component self -leveling polyurethane, FS IT-S-
00227E, Type I, Class, pourable type.
5. Sealant at Lavatories: Silicone sealant.
6. Colors: As selected by Architect from standard colors.
2.03 Bond Breaker Tape
A. Tape: Polyethylene tape or other plastic tape as recommended by the sealant manufacturer to be
applied to sealant -contact surfaces where bond to the substrate or joint filler must be avoided for
proper performance of sealant. Provide self-adhesive tape wherever possible.
PART 3: EXECUTION
3.01 Inspection
A. Inspection: Inspect work of others prior to application of any work under this section. If any joint
or space to receive this work is not according to detail and cannot be put into proper condition to
receive the work by specified methods; notify the General Contractor in writing or assume
responsibility for and rectify any unsatisfactory caulking and sealing resulting.
City of Fort Collins Section 07900 — Joint Sealers
Park Planning & Development Division Page 2 of 5
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
L
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.
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B. Acceptance: Beginning of installation means acceptance of existing conditions.
3.02 Preparation
A. Preparation of Surfaces
1. Clean surfaces in accordance with manufacturers recommendations.
2. Mask edges, if required to protect adjoining surfaces and produce a straight finish
line.
3. Clean joint surfaces immediately before installation of sealant. Remove dirt, insecure
coatings, moisture and other substances which would interfere with bond of sealant.
4. Do not proceed with installation of sealant over joint surfaces which have been painted,
lacquered, waterproofed or treatead with water repellent or other treatment of coating.
Remove coating or treatment joint surfaces before installing sealant.
5. Each concrete masonry joint surfaces to remove excess alkalinity unless sealant
manufacturers printed instruction indicates that alkalinity does not interfere with
sealant bond and performance. Etch with 5% solution of muriatic acid, neutralize with
diluted ammonia solution, rinse thoroughly with water and allow to dry before sealant
installation.
B. Priming: If required, prime surfaces which are to be caulked with manufacturers recommended or
standard primer, after the surfaces have been prepared as specified. Before use, check primers for
discoloration and dirt pick-up on adjacent surfaces. If staining occurs, after exposure, take
adequate measures to prevent the primer from being applied over the face of adjacent porous
materials by masking or other suitable measures.
C. Joint Backing:
1. Joints shall be of depth necessary to provide for the specified allowable thickness of
sealant and also the required backing where and as specified. Provide backing of extent
and type as specified and required to provide for the allowable depth of the sealant.
2. Back-up Materials for Sealants: Non -staining, compatible with the sealant and primer,
shall be of a resilient nature and as recommended by the manufacturer of the sealant.
Size and shape of the backing shall be as required by the width of the joint and specified.
Do not use materials impregnated with oil, solvents, or bituminous materials.
3. Compress backing material a minimum of 30% when inserted in the joint. Backing
material for the upper portion of joint shall be a round rod or semi -circular in cross-
section with the arc in contact with the sealant.
D. Bond Breaker Tape: Install where indicated and as required by manufacturer's recommendations
to ensure that sealants will perform properly.
3.03 Application
A. Exterior Metal Sills: Set in full bed of polyurethane sealant.
B. Thresholds: Set in full bed of latex acrylic sealant.
C. Caulk Joints:
1. Apply sealants in continuous beads without open joints, voids, or air pockets, using a
ratchet hand gun or mechanical powered gun.
2. Confine sealants to joint areas with masking tapes or other precautions. Apply
compounds in concealed compression joints accurately so that excess compound will not
extrude from joints.
City of Fort Collins
Park Planning & Development Division
Section 07900 — Joint Sealers
Page 3 of 5
3. Remove excess compound or sealant promptly as work progresses, and clean adjoining
surfaces.
4. In rough surfaces or joints of uneven widths, install sealant, well back into joint. Recess
equal to width of joint, or 3/8" minimum at masonry.
5. Use anti -tack agent where necessary to protect freshly applied sealant from public traffic
and dirt.
6. Slightly recessed joints as to facilitate a painters line. Handtool and finish joints
throughout construction.
7. Comply with manufacturers printed instructions and specifications.
D. Concrete Paving Expansion Joints: Cut expansion joint filler down to allow joint depth equal to
75% of joint width, but neither more than 0.625" deep nor less than 0.375" deep. Seal over
expansion joint filler with poured sealant.
E. Workmanship: Employ only proven installation techniques, which will ensure that sealants will be
deposited in uniform, continuous ribbons without gaps or air pockets, with complete Awettings of
thejoint bond surfaces equally on opposite sides. Except as otherwise indicated, fill sealant rabbet
to a slightly concave surface, slightly below adjoining surfaces. Where horizontal joints are
between a horizontal surface and a vertical surface, fill joint to form a slight cove, so that joint will
not trap moisture and dirt.
F. Joint Sizes: Install sealants to depths as indicated or, as recommended by the sealant manufacturer
but within the following general limitations:
1. For normal moving joints sealed with elastomeric sealants but not subject to traffic, fill
joints to a depth equal to 50% of joint width, but not more than 1/2" deep or less than
1/4" deep.
2. For joints sealed with non-elastomeric sealants and caulking compounds, fill joints to a
depth in the range of 75% to 125% of joint width.
G. Spillage:
1. Do not allow sealants or compounds to overflow or spill onto adjoining surfaces, or to
migrate into the voids of adjoining surfaces. Use masking tape or other precautionary
devices to prevent staining of adjoining surfaces, by either the primer/sealer or the
sealant.
2. Remove excess and spillage of compounds promptly as the work progresses. Clean the
adjoining surfaces by whatever means may be necessary to eliminate evidence of
spillage. Do not damage the adjoining surfaces or finishes.
3.04 FIELD QUALITY CONTROL
A. Samples: Where directed by the Architect, cut out and remove a total of three samples consisting
of the undisturbed sealant and back-up material from the joint. Samples shall be 6" in length.
Reseal cut out areas with the same materials.
3.05 CURING, PROTECTION AND CLEANING
A. Curing: Cure sealants and caulking compounds in compliance with manufacturer—s instructions
and recommendations, to obtain high early bond strength, internal cohesive strength and surface
durability.
B. Protection:
City of Fort Collins Section 07900 — Joint Sealers
Park Planning & Development Division Page 4 of 5
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1. Advise the General Contractor of procedures required for the protection of sealants
during the construction period, so that they will be without deterioration or damage (other
than normal weathering) at the time of acceptance.
C. Cleaning:
1. Protect surfaces from damage. Clean soiled surfaces immediately. Replace with
new material any damaged material which cannot be cleaned with new material.
END OF SECTION
City of Fort Collins
Park Planning & Development Division
Section 07900 — Joint Sealers
Page 5 of 5
all
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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.
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.
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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
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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
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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
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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
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the Notice of Award will be required.in the performance of the Work.
11.0 BID FORM.
' 11.1. A copy of the Bid Form is bound in the Contract Documents which may be
retained by the Bidder. A separate unbound copy is enclosed for submission with
the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the
form must be stated in words and numerals; in case of conflict, words will take
precedence. Unit prices shall govern over extensions of sums.
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.
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
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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
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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
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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
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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
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financial ability or fails to meet any other pertinent standard or criteria established
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by OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders,
whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices and other data, as may be requested in the Bid Form or
prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of
the Work as to which the identity of Subcontractors, Suppliers, and other persons
and organizations is submitted as requested by OWNER. OWNER also may
consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation
in the Work when such data is required to be submitted prior to the Notice of
Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed Subcontractors,
Suppliers and other persons and organizations to do the Work in accordance
with the Contract Documents to OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive
and responsible Bidder whose evaluation by OWNER indicates to OWNER that
the award will be in the best interest of the OWNER. Award shall be made on the
evaluated lowest base bid excluding alternates. The basis for award shall be the
lowest Bid total for the Schedule or, in the case of more than one schedule, for
sum of all schedules. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a
Notice of Award within forty-five (45) days after the date of the Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder
delivers the executed Agreement to the OWNER, it shall be accompanied by the
required Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the Agreement
with all other written Contract Documents attached. Within fifteen (15) days
thereafter, CONTRACTOR shall sign and deliver the required number of
counterparts of the Agreement and attached documents to OWNER with the
required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully
signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by
a complete set of the Drawings with appropriate identification.
t20.0 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.
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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 is 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
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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
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SECTION 00300
BID FORM
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SECTION 00300
BID FORM
PROJECT: 7289 Fossil Creek Trail at Stanton Creek i� eG
Place:
Date: Ocr.. 13, ot- ti-
1. In compliance with your Invitation to Bid dated September 21, 2011 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 'accordance
� 7G�Ir'r�/%/ F iyI-irg)si�.UQ
($ M000 ' ) 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 o4 .
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EXHIBIT 1 — GENERAL CLARIFICATIONS
1.
The quantities for the cut and fill for the project are calculated at approximately
2,418 CY Fill, 2,141 CY Cut (Berm is approximately 2000 CY of Fill). The extra
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277 CY of fill should be an ABC class 5/6 import material described in the
definition of bid items (bid Item 5) used for areas of fill under concrete or as cover
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for culverts.
2.
Assume weather protection to be included in pricing since concrete will be
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poured during the late fall / winter months to protect from freezing.
3.
The quantity of total LF of 2' and 4' wall is 327 LF not 434 LF as shown on the
Bid Schedule as Bid Item 9. New Bid schedule is attached.
4.
New bid item for soil retention blanket for Bid Item 22 (see new bid schedule).
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Material is described on Sheet 22, in the General Notes, number 9.
5.
Erosion control logs (wattles) measure according to plan at 2,000 LF shown on
sheet 21.
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Addendum 1 - 7289 Fossil Creek Trail at Stanton Creek
Page 2 of 13
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EXHIBIT 2 — REVISED BID SCHEDULE
BID
-
ESTIMATED
LNT
ITEM
ITEM#
DESCRIPTION
QUANTITY
UNT
PRICE
TOTAL
I
Mo6MzWon
I.00
LS
231 (1411 r
2
ErdsicnCar"
1.00
LS
_ f � 000
/i OOQ
3
Twp d RwnovelRq)Wm
404.00
CY
4
UroW aifiedExeavabon
1.737.00
CY
ILI
l%3740
5
Bw wABCCIm516(C.I.P.)
2IT00
CY
2�
6t/ 2- 5- '
6
Trad SteM12shon-CDOT 457
30.00
CY
,�6
+-aa -
1
ColcredCmaeteRaving -5'Thidc
29.98100
SF
_�-
t 110 9441
8
CawetePawky -5'T"
22K00
SF
"�j '-
6�
9
7 ad 4 Co wde Wale
327.00
LF
4'b '
l -We -
t0
I? RCP 0*wtvAhF.ES(C.I.P.)
57.00
LF
11
(2)12'RCP CJvetawdh12'Hes"I(C.I.P.)
28.00
LF
60
1769i
12
18- RCP Unit y I r F. E.& (C.I.P.)
35.00
LF
i
y'.i
%,�7.S'
13
BuiedPip Rap Protection ISN&I8'
5.00
EA
-70 /
3;7 Tp J
14
&ved Rip Rap Protec6en 8Wfr
2A0
EA
72"6 J
64�-yd
15
Pededi m Bridge AtuWwt W Hefx Pie System
8.00
EA
Moo .�
L%�(', 0100
16
30 Fod Pedebba, Prefebimted Bridge
200
EA
_ 3 0{ oao !
60, 000
17
55 Fad Pededrien PiebVwated Bridge
1.00
EA
000
Way
18
60 Foot Pedesh mPrelawmted Bridge
1.00
EA
�
6Q . 0100 J
19
4 Privaq Fete
187.00
LF
A
_ 3r3 6 i7
20
Sd RON*m BW*et(MraWCocaxA Frba)
a978.0D
SY
3 /
% /, 93q /.
21
Ladaeipe Redardim - Seed Mx #1
34.30000
SF
() , Z
9,
22
LadscapeRedaatim- Seed W42
26.70000
SF
Q-• Z
TOTAL OF BASE BID
N
Q 3, 14/0
Fd(/k HVAOV&tV 5/x75/ 717`'A4=d 71Me+SAAQ2 I)A,#e HW011%e.ry
(Tatd Base Bd Wdlm)
Addendum 1 - 7289 Fossil Creek Trail at Stanton Creek Page 3 of 13
9. PRICES
The foregoing prices shall include all labor, materials, transportation, shoring, removal,
dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the
several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid or change
quantities at his sole discretion without affecting the Agreement or prices of any item so
long as the deletion or change does not exceed twenty-five percent (25%) of the total
Agreement Price.
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(Seal - if Bid is by corporation)
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RESPECTFULLY SUBMITTED:
AJ ®N5T-auCr� .
C NTRACTOR
BY:
An.-rEka, N T 16 1 oJaes it
Printed Date
Title
C`-\�q
License Number (If Applicable)
%C
Attest: / C
Address ' 132 r-> P&'-1 y ie-
Telephone
Email Mcuktc�- us
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SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
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C:) Z
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GUARANTY BANK 1331 Seventeenth Street 16 G16,4 7 9
Denver, Colorado 80202, 116,
- 9 AND TPUST COMPANY; 003) 293-5500
DATE October';i 01 �3 20 1
PURCHASER WALSWCONSTRUCTION, INC.
PAY, TWENTY-YIVE,THOUSAND,AND op/loo
4, IN &
(To THE
ORDER OF *-**25
***CITY OF FORT. COLLINS*ODO. 00*
INV.,
If this check is lost, st4;wor'destroyed "within 90"days"of'th-e'-'dia'
issue a relilacarneht'clieclC without date it is ls;sued;,we Wi#,n6t1Wyi,
pay or, ut"en"ind indemnity 96,diw,w-ewili�pily 6,
AU IRIZ ID SIbNATUliEl"
replacement check upon receipt of s,'properly executed declare tki rm. iiofjm.fo rtw(W
.
"CASHIEWS CHECK',
J.. j
COMMENT: BID',SECURITY
•'A
7 qll* is 10.2000`4661: 110 L 500000t,!) 513119
III m = = m M I= m m1m m m I= m m m m m m
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.
V 1. Name of Bidder: 61 (SN5Trza CTlat'� (G1Ct
2. Permanent main office address: ?139yft* Vlex) -el., LodEJJ�Nd, eo P-O&.3 7
3. When organized: DEC 19 9 R'
4.. If a corporation, where incorporated: 31 ID (Z D
5. How many years have you been engaged in the contracting business under your
present firm or trade name? 13 W�
6. Contracts on hand: (Schedule these, showing the amount of each contract and
the appropriate anticipated dates of completion.)
Wow 1e I -4-,6 /�ck --AG L . -,,I Cv, ';usb 1; IT V. Zo (I
L1NQ�1 1 ST. � dSE r%r a S
7. General character of Work performed by your company: n n
16-tl� (� 3fw� K� F5,
g6( ffC j �Afqc'G , heAc
8. Have you ever failed to complete any Work awarded to you? O
If so, where and why?
9. Have you ever defaulted on a contract? f�y
If so, where and why?
10. Are you debarred by any government agency?
If yes list agency name.
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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
12.
List your major equipment available for this contract.
ckjnse, (cAv�Iso/n S (sr�e2� �, tsus ec(S F 5,
13. Experience in construction Work similar in importance to this project:
0 t. z16, 7—.szs. —
`l�/�M"���/pLi�illUn6I DykilW�� Ft55i� �� �pjiDNS' i7'9 77
14. Background and experience of the principal members of your organization,
including officers:
Ica rues K keD
15. Credit available: $ 0 �a
16. BankReference:6,tAm4wf ��K+ % u5T' (d'swi Q9.�JSy.q/'�
17. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the OWNER? �S
18. Are you licensed as a General Contractor? Y155
If yes, in what city, county and state? VAPJbr- - G e5, e ltx. Tr'� S
What class, license and numbers?
19. Do you anticipate subcontracting Work under this Contract?
If yes, what percent of tot contract? v
And to who ,I oAL--Ke7A5 r' see i lJ ')
20. Are any lawsuits pending against you or your firm at this time? NO
IF yes, DETAIL
21. What are the limits of your public liability? DETAIL WbCW / to o �r�
What company? �rPC €�S t1R A ���L 620tA-Q
22. What are your company's bonding limitations? 1,?,M g1CC0
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.
Dat d at tovt:r4�l this 13#7day of Q 7'o%4-=7e-- 20J1.
Vl R(Sh aN5ne-LLCT` Ca �NO- '
Name of Bidder
By: 9r A-Isl
Title: P�sicQEN"f`
State of 00 Io-t'A-p fl
Co9tyof JAI MC- k
E� A� ) `` rr being duly sworn deposes and says that he
is of k/�ikS C-QNST2.-tkCT`POt� J1Q € and that
(name of organization)
the answers to the foregoing questions and all statements therein contained are true
and correct.
Su cribed and sworn t bef a me this _day of 20
Notary Public
?n,ti DYf.:
My commission expires:.)
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SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing
over 15% of the contract.
ITEM SUBCONTRACTOR
Ou9Mrc✓1S
SCCOI n%L
Mtn95ov�/ catty�/c"
A1071 -F S6,-DC-k4
SECTION 00500
' AGREEMENTFORMS
' 00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
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SECTION 00510
' NOTICE OF AWARD
DATE: October 24, 2011
TO: Walsh Construction Inc.
PROJECT: 7289 Fossil Creek Trail at Stanton Creek
OWNER: CITY OF FORT COW NS (hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated October 13, 2011 for the above project has
been considered. You are the apparent successful Bidder and have been awarded an
Agreement for 7289 Fossil Creek Trail at Stanton Creek.
' The Price of your Agreement is Four Hundred Sixty -Three Thousand Nine Hundred
Forty ($463,940.00).
' Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the Drawings will be delivered
separately or otherwise made available to you immediately.
' You must comply with the following conditions precedent within fifteen (15) days of the
date of this Notice of Award, that is by November 8, 2011.
1. You must deliver to the OWNER three (3) fully executed counterparts of the
Agreement including all the Contract Documents. Each of the Contract Documents must
bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
' Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to
' consider your Bid abandoned, to annul this Notice of Award and to declare your Bid
Security forfeited.
' Within ten (10) days after you comply with those conditions, OWNER will return to you
one (1) fully -signed counterpart of the Agreement with the Contract Documents
attached.
City of Fort Collins
OWNER
By. ��
4 Jame B. O'Neill, ll, CPPO, FNIGP
r .."(Director of Purchasing & Risk Management
EXMBIT 2 -REVISED
BID SCHEDULE
'
BID
EsmATTD'
UNIT
:ITEM
ITEM#
DESCRIPTION
QUANTITY .
UNIT PRICE,
TOTAL
,
1
'Mobilization
1.00
Ls
2
,Eroieondontr&
'1.00.
LS
'
3
Topsoil Remove/Replace
404.00
'CY
.4
-Unclassified EXcavabon
1,737.00
'CY
,
5
• Bona ABC Clas4 5f6 (C.1.P.)
277.00
CY
6.
Trail Stabilization =.CDOT.#357
�30.00
CY
'
T
Colored Concrete Paving - 5' Thick
29,987.00
SF
.8
Concrete Paving - 5' Th k
2,264.00
SF
'
9
.2`:and 4 Concrete Walls
.327:00
LF
10
12'R1*01ve0twith'F_E.S(C.I.P.).
:57:00_
_LF
,
11
(2)12' RCP Culverts with IT Head"I (C.I.P.)'
28.0.0
LF
12
18'RCPC6tveOvAhi8'EE.S:(C.I.P.)_
•35.00.
LF
'
�13
BuriiAR Aep Protection 6WI' '.
• 5.00.
SEA
14
Buried Rip RaoMtection8kfi'18'.'
2.00
'FA'
,
15
Pedestrian Bridge Atiftert-W Helix Pier.Sptem
8.00,
-EA
46
30 Foot Oedeitiien Prefabricated Mite,
2.00
EA
'
17•
55 Fdbt Pedestrieu:Prefabdcated Bridge
1.601
EA
18
60 Foot Pedestrian Prefabricated Bridge.
-1.00
:EA
'
19
4'Privacy Fence
.187.00
LF
20
Sod Retention Blanket (stradicoconut Fiber)
3.978.00
SY•
'
21
Landscape Restoration - Seed 1
..34,300.00
'SF
22
Landscape Restoration =Seed W #2
:26,700.00
SF
'
.TOTAL OF
BASE BID
'
(Total Base Bid Written),
Addendum 1 - 7289 Fossil Creek Trail at Stanton Creek
Page 3 of 13
r
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 24t" day of October in the year of 2011 and shall
be effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
Walsh Construction Inc. (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may
be the whole or only a part is defined as the construction of the Fossil Creek Trail
at Stanton Creek and is generally described in Section 01100.
ARTICLE 2. ENGINEER
The Project has been designed by the City of Ft Collins Park Planning, who is
hereinafter called ENGINEER and who will assume all duties and responsibilities
and will have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the
Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete within ninety (90) 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 fifteen (15) 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 preceding 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.
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1) Substantial Completion:
Five Hundred Dollars ($500.00) for each calendar day or fraction
thereof that expires after the ninety (90) calendar day period for
Substantial Completion of the Work until the Work is Substantially
Complete.
2) Final Acceptance:
After Substantial Completion, One Hundred Fifty Dollars ($150.00)
for each calendar day or fraction thereof that expires after the
fifteen (15) calendar day period for Final Payment and Acceptance
until the Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
' 4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows: Four
Hundred Sixty -Three Thousand Nine Hundred Forty Dollars ($463.940.00), 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, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, 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. If, in the sole discretion of Owner, on
recommendation of Engineer, Owner determines that the character and progress
of the Work have been satisfactory to OWNER and ENGINEER, OWNER 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. 95% of
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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
Section 00520 Page 3 for payment.
'
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of
'
the Contract Price, less such amounts as ENGINEER shall determine or
OWNER may withhold in accordance with paragraph 14.7 of the General
Conditions or as provided by law.
'
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay
the remainder of the Contract Price as recommended by ENGINEER as provided
'
in said paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
'
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and Laws
'
and Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of.
'
subsurface conditions and drawings of physical conditions which are identified in
the Supplementary Conditions as provided in paragraph 4.2 of the General
'
Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
'
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
'
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of the
'
Work at the Contract Price, within the Contract Times and in accordance with the
other terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
1
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
11
Facilities at or contiguous to the site and assumes responsibility for the accurate
location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or data
in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and conditions
of the Contract Documents, including specifically the provision of paragraph 4.3.
of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
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
tfollowing:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
'
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
'
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
Sheet No.
Description
1
Cover Sheet
2
Overview Map
3-9
Trail Plan & Profile
10-13
Bridge Plan & Profile
'
14-20
21
Trail Cross Sections
Erosion Control Plan
22-24 Construction Details
' S1-S2 Bridge Foundation Plan
The Contract Drawings shall be stamped "Final for Construction" and dated.
' Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers 1 to 1, inclusive.
'
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraphs 3.5 and 3.6 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.
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CITY OF FORT COLLINS
E BRII, CPPO, F
D E TOR OF PURCHASING
A RISK MANAGEMENT
Date: (� "41 q
Attest:
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522
Appr Form
Ass6ja4 City Attorney
CONTRACTOR: Walsh Construction Inc.
By:
M P,--rrl" -r:
PRINTED
Title: �KtS� (4 t NT
Date: �6y - 31 a.-Q �I
(CORPORATE SEAL)
Attest` L C - ` c/
Address for giving notices:
8139 OPEN VIEW PLACE Q
LOVELAND. CO 80537
(9iU ?2-8227
License No.: C
SECTION 00530
'
NOTICE TO PROCEED
Description of Work: 7289 Fossil Creek Trail at Stanton Creek
To: Walsh'Construction Inc.
'
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: Walsh Construction Inc.
'
By:
Title:
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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
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SECTION 00610
1
PERFORMANCE BOND •
Bond PIO. H335383
' d
KNOW ALL MEN BY THESE PRESENTS: that
Walsh Construction Inc.
8139 Open View Place, Loveland, CO 80537
'
(an Individual), (a Partnership), (a Corporation), hereinafter referred -to as the 'Principal' and
(Finn)
(Address)
'
hereinafter referred to as 'Me Surety', are held and firmly bound unto City of Fort Collins. 360
Laporte Ave. Fort Collins. Colorado 80522 a (Municipal Corporation) hereinefter referred to as
the 'OWNER*, in' the penal sum of Four Hundred Sixty -Three Thousand Nine Hundred
'
Forty Dollars 1S483.940.001 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
dseverally,
firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
'
certain Agreement with the OWNER, dated the2Nb day of October, 20u, a copy of which is
hereto attached and made a part hereof for the performance of The City of Fort Collins Project,
'
7289 Foall Creek Trail at Stanton Creek
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 fully indemnify
shall and
save harmless the OWNER from all cost and damages which it may suffer by me n 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.
'
' d
PROVIDED, FURTHER, that the said Surety, for value received, t%reby 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 some 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.
Id
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.
Id
Id
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IN WITNESS WHEREOF, fifslinstrment Is executed in three (3) counterparts, each one of
which shall be deemed an original, this 3rd day of November , 20? .
IN PRESENCE OF: Principal
Matthew Walsh
Pk r'S(OnA!%
(Title)
(Corporate Seal)
IN PRESENCE OF:
President
(Title)
8139 Open View Place, Loveland, CO 80537
(Address)
Other Partners
By:
IN PRESENCE OF: Surety ��11
David A. Wooldridge By-% _ li/ 4 jig % _ /_ ,
Attorney In Fact The Cincinnati Insurance Company
(Addre98�
S. ilmore Road, Fairfield, Ohio 45014-5147
(S.waft' Seal)
NOTE: Date of Bond must not be prior to daft of Agreement _
N CONTRACTOR Is Partnership, all partners should execute Bond.
EXHIBIT3-REVISED"DEFINITION OF BID ITEMS
,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 — 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 — Erosion Control
' Contractor shall install and maintain erosion control items during construction in accordance with the Drawings and
Specifications including, but not limited to Sections 107 and 208 of the most current CDOT Road & Bridge
Construction Manual, construction entrance, silt fence, concrete washout, bales, etc. Contractor also shall obtain a
State of Colorado Stormwater Discharge Permit as part of the erosion control. State of Colorado Stormwater
Discharge Permit application will be provided by the City of Fort Collins. This permit takes approx. 10 days to
receive from the time of submittal and needs to be on -site before the project can start.
' Bid Item 3 — Topsoil Remove/Replace
Contractor shall fumish all labor, materials and equipment to strip, stock, distribute, rough grade, and fine grade (4"
thick) topsoil from limits of grading. Bid amount includes all labor, material and equipment for a complete item in
accordance with the Drawings and Specifications.
I
Bid Item 4— Unclassified Excavation
Contractor shall furnish all labor, materials and equipment for site excavation including stockpiling, distribution,
removal of debris and haul and disposing of all excess material per Drawings and Specifications.
Bid Item 5 — Borrow ABC Class 5/6 (C.I.P.)
The unit price for this item shall include supplying, placing, and compacting aggregate base course in accordance
with the Drawings and Specifications or as otherwise directed by the ENGINEER. Measurement and payment for
this item will be by the CY of actual yardage placed, complete at proper moisture. The method to bring mixture to
optimum moisture will not be measured or paid for separately, but shall be included in the unit price for this item.
Bid Item 6 — Trail Stabilization — CDOT #357
The unit price for this item shall include supplying and placing trail stabilization in wetlands in accordance with the
Drawings and Specifications or as otherwise directed by the ENGINEER.
Bid Items 7 — 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 includes sub -grade preparation which consists of ripping soil to 8" and
re -compacting to 95% proctor, installation of 5" thick (4,000 psi) standard concrete with fiber mesh reinforcement,
and integral color additive equaling 2 lbs. per sack of Yosemite Brown color, forming; furnishing and applying
curing compounds; finishing and edging the concrete surfaces; joints and joint materials; furnishing and compacting
base course as required for preparation of a stable sub base; and all other related and necessary materials, work, and
equipment required to construct the flatwork areas in accordance with the Drawings and Specifications.
City of Fort Collins
Park Planning & Development Division
Section 01800 - Definition of Bid Items
Page 1 of 3
Addendum 1 - 7289 Fossil Creek Trail at Stanton Creek Page 4 of 13
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
POWER OF ATTORNEY
' KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws
of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
David A Wooldridge, Kyle R Elstun, Steven G Smith, Trent L Smith
' of Fort Collins, CO its true and' lawful Attomey(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Any such obligations in the United States,
' Twenty Million Dollars and 00/100 ($20,000,000.00)
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which
resolution is still in effect:
' RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in -
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attomey-in-Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
' officers of the Company.
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duty called and held on the 7th day of December, 1973.
' RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
' and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its
corporate seal, duly attested by its Vice President this I st day of April, 2007.
1
1
1
0
STATE OF OHIO ) ss:
COUNTY OF BUTLER )
THE CINCINNATI INSURANCE COMPANY
Vice President
On this 1st day of April, 2007, before me came the above -named Vice President of THE CINCINNATI INSURANCE
COMPANY, tome personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument
is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said
instrument by the authority and direction of said corporation.
ARIAI
r.�.+O ARK J. HU R, Attorney at Law
4OV rE' Of OTARY Pt1 Lt -STATE OF OHIO
rr�MtKttttM� City eommlaal hasnooxpindlon
data. Saetlon 147.03 OJLC.
1, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the
above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said
Power of Attorney is still in full force and effect.
GIVEN under my hand and seal of said Company at Fairfield, Ohio.
' this day of
�y 1ali�
u CpM4R j
� SEAL Secretary
olio
' BN-1005 (3/02)
' SECTION 00615
PAYMENT BOND
' Bond No. 0335393
1
KNOW ALL MEN BY THESE PRESENTS: that
Walsh Construction
Inc.
8139 Open View Place, Loveland, CO 80537
'
(an Individual), (a Partnership), (a Corporation), hersinaf er referred to as the'Principai' and
(Finn)
(Address)
hereinafter referred to as *the Surety% are held and firmly bound unto the City of Fort Collins.
3110 taeorte Ave.. Fort Collins Colorado 8052 a (Municipal Corporation) hereinafter referred to
as "the OWNER"; in the panel sum Four Hundred Sixty -Three Thousand Nine Hundred
'
Font Dollara ($463.940.001 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, finny by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
'
certain Agreement with the OWNER, dated the 24th day of October, 2011, a copy of which is
hereto attached and made a part hereof for the performance of The City of Fort Collins project,
7289 Fossil Creek Trail at Stanton Creek.
'
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing
materials for or performing labor in the prosecution of the Work
provided for In such Agreement and any authorized extension or modification thereof, Including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used In connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
'
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no charge, extension of time, aftraWn 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; it does hereby
and 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 au hcrized to transact business in
the State of Colorado and be acceptable to the OWNER.
to
IN
IN
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this 3rd day of November
IN PRESENCE OF: Principal
\, Matthew Walsh
QA[�/DLur� President
(Tide) (Title)
(Corporate Seel)
IN PRESENCE OF:
a
' IN PRESENCE OF:
David A. Wooldridge
' Attorney In Fact
(Surety Seal)
t
8139 Open View Place, Loveland, CO 80537
(Address)
Other Partners
Surety
By: Q
The Cincinnati Insurance Company
(Address)
6200 S. Gilmore Road, Fairfield, Ohio 45014-5141
' - -ROTL Date of Bond must not be prior to date al Agreement. _
In
In
n
IN
THE CINCINNATI INSURANCE COMPANY
' Fairfield, Ohio
POWER OF ATTORNEY
' KNOW ALL MEN BY THESE PRESENTS: Tbat THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws
of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
David A Wooldridge, Kyle R Elstun, Steven G Smith, Trent L Smith
of Fort Collins, CO its true and lawful Attomey(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Any such obligations in the United States,
' Twenty Million Dollars and 00/100 ($20,000,000.00)
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which
resolution is still in effect:
. RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attomeys-in-
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Anomey-in-Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
t officers of the Company.
This Power of Attorney is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973.
' RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
' and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its
corporate seal, duly attested by its Vice President this 1 at day of April, 2007.
wuaurz 4
a
� SEAL
'
xxio
STATE OF OHIO ) ss:
COUNTY OF BUTLER )
THE CINCINNATI INSURANCE COMPANY
Vice President
On this 1st day of April, 2007, before me came the above -named Vice President of THE CINCINNATI INSURANCE
COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument
is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said
instrument by the authority and direction of said corporation.
�,o•� g1 A!
'•2� �I
�''•. rf Of
;AR'
J. H R, Attorney at Law
OTAR1 PU 1 - STATE OF OHIO
My commisal has no expiration
date. Section 147.03 O.R.G.
I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the
above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said
Power of Attorney is still in full force and effect.
GIVEN under my hand and seal of said Company at Fairfield, Ohio.
this day of
•a byg4,
'
�
wrvoaarz �
$ SEAL ,•
-'
exio
BN-1005 (3/02)
Secretary
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
1
1
I
1
OP ID: SC
&AIIII CERTIFICATE OF LIABILITY INSURANCE
" lor2TN ,fol7)
on
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iss) must be endorsed- H SUBROGATION IS WAIVED, subject to
the terms and Conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such ondorsenneI
PRODUCER 970-223-1804
Front Range Insurance Group
1100 Haxton Drive Suite,00
Fort Collins, CO 80525
David A Wooldridge LUTCFAAI
CONTACT
Naaa�
F,yv
WQNo. - ,WE No),
ADDRESS: :
b
NETL cusTDms WALSH-0
INSURER(S) AFFORDING COVERAGE
NAG 0
INSURED Walsh Construction, Inc.
Matthew Walsh, Pres.
8139 Open View Place
. Loveland, CO 8D537
"SURMA:Pinnacol Assurance
41190
INSURERS: Catlin Special Insurance Co
NsuRstc:Colorado CasualtyCo.
INSURER D:
INSURER E'.
NEURER F
COVERAGES CERTIFICATE NUMBER: REVISIONNUMRFR-
THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTW ITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
NIR
TYPE OF INSURANCE
POLICY NUMBER
FF
POLICY ELICY
NYO
PO EXP
NIIDIYYYY
LFI
GENERAL LIABILITY
EACHOCCURRENCE
$ 1,000,00
B
X COMMERCWL GENERPI LIPB!LRY
%LAIM9MADE FX710CCUR
X
OLPO, D429100
05/01111
05101/12
PREMISES Ee=a nce
$ 100,00
MEDEXP(AnVone Person)
$ 8,00
PERSONALLADVIN,URY
$ 1,000,00
GENERALAGGREGATE
$ 2,000,OO
GEN'LAGGREGATELIMr`APPJESPER.
PRODUCTS-COMP/OPAGG
$ 2,000,000
X1 POLICY PRO- OC
$
AUTOMOBILE
LIASIUTY
ANYPLTO
COMBINED SINGLE LIMB
(E2 gMdWt)
$
BODILY IN,ARY(Per Dar9onf
$
ALL O`NNED PInOS
BODILY MJJRY IPeracddann
$
SCHEGULED AU 0E
HIREDALTMS
(Per miTYDAMAGE
Pareaidartl
$
$
NON-0NTJED AUTOS
$
UMBRELLA LNB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAR
CLAMSa AOE
OEOUCTIKE
$
R ELATION
A
WORKERS COMPENSATION
AM EMPLOYERS' LIABILITYBy
APIYFROPP.IETOR,PARTNER�'ENECLMVEY/❑N
OFPCERRNEMBER EXQLIDELIf
IMawaory In NH)
I�I Yyame,�; tlascnae unox
I AtR,IPTION OF OPERATIONS below
N/A
104361
05/01/11
05/01/12
WC STA rU X OTH-
LIM TB
E.L.EACHACCIDENT
$ 1,000,00
E.L. DISEASE - EA EMPLOYEE
$ 1,000,00
E.L. DISEASE - POLICY LIMB
$ 1,000,00
olorad0 CAI
IM8576375 I
01/26/11
01126/12
Werted 50A
Deduct 5
ESCRPTIONOFOPEMnOWILOCAnMS/VEHCLES (Aaeeh ACORD101,AJd)6erml R.merlm Sehadula.lrm2m=.Ismwu d)
roject: Fossil Creek Trail at Stanton Creek
Id 07289
City of Fort Collins Is listed as Additional Insured with respect to the
eneral Llabllhy policy.
CITYOFF
City of Fart Collins
Purchasing
PO Box 580
Fort Collins, CO 80522
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CORPORATION- All dohts reserved
CORD 25 (2009M) The ACORD name and logo are registered marks of ACORD
NOV. 3. 2011 11:39AM
SHELTER INSURANCE
NO.7334 P. 3
Thu Nov 03 11.-":19 CDT 2011
SHFl1LR
' WALSH CONSTRUCTION INC
S1390PEN VIEW PL
LOVELAND, CO 80337-M 1 -
Evidence of Insurance
Motor Carrier Coverage
Shd= mama= ComPmdea
(970)377-2070
05-E246.10
Policy Number: OSi-C 49M9.7 Effective Datel nN3no11,11:43 AM Centel Time
Expiration Date; 0311712012,12:01 AM Central Time
1987 TAGAL TAGALONG 119187
' ,�ipgje ki.bit Limb 67 SIOOGOOOLi it $11400
PREMIUM $114.00
AddiSomi imbed
CA 10 Al OE FA
Desi;meond lnvned
CA 20490299 _
'
Dutpulod Immed
CA 20 4f 02 99
pesienued imorad
CA 20 48 02 99
Desim;ared;mmcd
CA 20 45 07 09 _
Common Polley Condinom
B.00171199 _
'
C000=eA1M=MismmesM6rF=d
IL OI 690907
CO Cmalledon andNon=PM
I.02290907
utle-i ity Exetosion
Nutley—
IL 00210908
'
AMff4amry E09MUe61
A-67234L
CA Ol 13 0111
Colorado Channel
RATE CLASS I" TERRITORY OM
TERM 12
Aged
COSTSYMBOLB PAC0&01
ADDYTIONAL DiSUM&EASE
ADDITIONAL I NSUM
ADDITIONAL INURED
'
CITY OF LONGMONT, PUBLIC WORKS
CITY OF W140MONT
Ci1Y OF FT COLLINS WATERS WAY
408 3RD AVB
1100 S SN2RMAN ST
215 N MASON STREET
'
LONGMONT, CO 80501.3938
LOAN NO.
LONGMONT, CO 9=1
LOAN NO.
FORT COLLIN$, CO 80522 M
LOAN NO.
ADDITIONAL INSURED
ADDITIONAL INSURED
CITY OF GREELEY
CITY OF FORT COLLINS
'
10001 ME ST
PO BOX 580
GRULEY, CO 90631380E
FORT COLLINS, CO OM22 0580
LOAN NO.
LOANNO,
'
1
' A-622.I-A
NOV. 3. 2011 11:39AM
SHELTER INSURANCE
NO.7334 P. 1
Thu Nov 03 I1:42:54 CDT 2011
I
SN EETEF, j
{
'WALSH CONSTRUCTION rr�
81390PE'N VIEW PL
LOVELAND. CO 8W7A481
1
Evidence of Insurance
Motor Carrier Coverage
ShelBrlonaaaxCompuda .
(970) 3T/-2070
O5-F246.10
Policy Number. 05-1-C.499924M Tffeedve Date 11103IM11,11:33 AM Ceatnd Thue
Fapimmtlou Date: 03f174012,12:01 AM Centmi 19me
' 1994 INM eAAAAW7 IH73DPP)MPJW8074
'Slade Lahi6ty Limit
67 S1.0W=Lhl*
S228.00
UrMued Mamrht
67 SM000 PWPM"
830A0
=U Mw t(Cw==)
67 S50oMFWA06don
CA21021106
67 sw D&hwdlle
399.0)
'Collision
Commeiwmfvo
67 8500 Dedtmuble
W,00
PR81.4UM 1414.00
1
A_dditimal lmmed
CA2001 0306
Pmble Clams
CA99441293
'Loss
Derigaded lmmed
CA 2049 M S9
De;wwBd imumd
- CA20Q M99
'ip+aatd Insured
D291 gImtvW
CA In 44 M2 _
CA20480299
DeM hooted
CA 2944 0292
Common P01W Condlffom
IL 00171198
CormedmmR MhmzgmtorF=4
IL 61690907
'CO
COl2aafgs-fla�ihtlon eadNo
IL 0228 0907___--
Lh¢1arBartNLtdbillNfycligion
ILOD210908
Amendsmry Fildvssennd
M6723A
' Coiorerb Cheames
CA01130111
'RATE CLASS I6A TERRITORY 003
TERM 06
Agas
COST SYMEOLF PACKAGECMI
LOSS PAYEE
ADDITIONAL 114611RFM.8ASE
ADDrMNAL B49LMM .
TR=MAOA
CTTY OF ORBELEY
CTTYOFFORTCOLLM
'G7,IARANTYBANKAND
3151 N GARFffiA AVE
1000IM ST
300 LAPMTEAVE
LOVELAND, CO SMS- 298
GREEfd1Y, CG S06313808
FORT COLUNS, C0 80SA.2719
LOAN N0. 0000001500098779
LOAN NO.
LOANNO.
'
ADDMONALINSURED
ADDRIONALINSURED
ADDTRONALINSURSD
CTTYOPMUGHTON
CTTYOFFTCDUWWATWWAY
CTTYOFL0Nf51WTPiIBLICW=
S 47H AVB
21S N XASW4 ST
395 KDaARH ST
'22
BRIGHTON, CO SM14M
FORT COLLR43, 00 NWA402
LONGMONT, 00 80501-ou
LOANNO.__ --- ...__ _.
- LOANNO.
LOANNO.
INSURED
'ADDITIONAL
C[IY OF FORT COLLINS
PO BOX 580
..
'FORTCOUANS,CO80522-o58O
LOANNO. :.
.. .....
..
.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION:
PROJECT OR SPECIFIED PART SHALL
INCLUDE:
PROJECT TITLE: 7289 Fossil Creek
Trail at Stanton Creek
LOCATION: Fort Collins, Colorado
OWNER: City of Fort Collins
CONTRACTOR: Walsh Construction Inc
CONTRACT DATE` October 24, 2011
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.
I:6I97► m:�_ 4K rj
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
DA'
REMARKS:
I
AUTHORIZED REPRESENTATIVE
I
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
20—
TO: Walsh Construction Inc.
Gentlemen:
You are hereby notified that on the day of 20_, the City of
Fort Collins, Colorado, has accepted the Work completed by Walsh Construction Inc. for
the City of Fort Collins project, 7289 Fossil Creek Trail at Stanton Creek.
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 October 24, 2011.
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:
Bid Items 8 — 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 includes sub -grade preparation which consists of ripping soil to 8" and
re -compacting to 95% proctor, installation of 5" thick (4,000 psi) standard concrete with fiber mesh reinforcement,
forming; furnishing and applying curing compounds; finishing and edging the concrete surfaces; joints and joint
materials; furnishing and compacting base course as required for preparation of a stable sub base; 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 9 — 2' and 4' Concrete Walls
Contractor shall famish all labor, materials and equipment to install a 2' high wall and 4' high wall in accordance
with the Drawings and Specifications. The unit price includes sub -grade preparation which consists of ripping soil
to 8" and re -compacting to 95% proctor, installation of 2' wall and 4' wall with (4,500 psi) concrete, rebar and
integral color additive equaling 2 lbs. per sack of Yosemite Brown color, forming; furnishing and applying curing
compounds; finishing and edging the concrete surfaces; joints and joint materials; furnishing and compacting base
course as required for preparation of a stable sub base; and all other related and necessary materials, work, and
equipment required to construct the flatwork areas in accordance with the Drawings and Specifications.
Bid Item 10 —12" RCP Culvert with F.E.$ (C.I.P.)
Contractor shall furnish all labor, materials and equipment to install 2(two) 12" RCP with flared end sections under
the proposed 6' and 10' trail per City of Fort Collins standard and specification in the location shown on the
drawing.
Bid Item 11 — (2) 12" RCP Culvert with 12" Headwalls (C.I.P.)
Contractor shall furnish all labor, materials and equipment to install 12" RCP with 12" gray concrete headwalls
under the proposed 10' trail per City of Fort Collins standard and specification in the location shown on the drawing.
Bid Item 12 —18" RCP Culvert with 18" F.E.S. (C.I.P.)
Contractor shall furnish all labor, materials and equipment to install 18" RCP with flared end sections under the
proposed 10' trail per City of Fort Collins standard and specification in the location shown on the drawing.
Bid Item 13 — Buried Rip Rap Protection 6'x6'x18"
Contractor shall furnish all labor, materials and equipment to construct a buried rip rap protection in accordance to
the drawings and specifications.
Bid Item 14 — Buried Rip Rap Protection 8'x6'x18"
Contractor shall furnish all labor, materials and equipment to construct a buried rip rap protection in accordance to
the drawings and specifications..
Bid Item 15 — Pedestrian Bridge Abutment w/ Helix Pier System
Contractor shall furnish all labor, materials and equipment to construct a helical pier bridge abutment for the
pedestrian bridge(s) in accordance to the drawings and specifications.
Bid Item 16 — 30 Foot Pedestrian Prefabricated Bridge
Contractor shall furnish all labor, materials and equipment to install 2(two) 10' wide by 30' long pedestrian bridges
in accordance to the drawings and specifications.
Bid Item 17 — 55 Foot Pedestrian Prefabricated Bridge
Contractor shall furnish all labor, materials and equipment to install a 12' wide by 55' long pedestrian bridge in
accordance to the drawings and specifications.
City of Fort Collins
Park Planning & Development Division
Section 01800 - Definition of Bid Items
Page 2 of 3
Addendum 1 - 7289 Fossil Creek Trail at Stanton Creek Page 5 of 13
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: Walsh Construction Inc. (CONTRACTOR)
PROJECT: 7289 Fossil Creek Trail at Stanton Creek
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.
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
i
i
Release pertains. It is further acknowledged that this Lien Waiver Release is for the
benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any
labor and material bonds for the project.
Signed this day of 20_
CONTRACTOR: Walsh Construction Inc.
By: _
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
Witness my hand and official seal.
My Commission Expires:
Notary Public
20_, by
I
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: Walsh Construction Inc.
PROJECT: 7289 Fossil Creek Trail at Stanton Creek
CONTRACT DATE: October 24, 2011
tIn accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
1
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of 20
(Surety Company)
1
By:
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
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DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303)232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
A
DO NOT WRITE IN THIS SPACE I
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials
for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and
materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road,
street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by
law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor
to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
Registration/Account No. (to be assigned by DOR)
Period
0170-750 (999) $0.00
89 -
'CONTRACTOR INFORMATION
Trade name/DBA:
Owner, partner, or corporate name:
Mailing address (City, State, Zip):
Contact Person
E-Mail address:
Federal Employer's Identification Number:
Bid amount for your contract:
W
Fax Number.
( )
Business telephone number:
Colorado withholding tax account number
Copies of contract or agreement pages (1) identifying the contracting parties
EXEMPTION INFORMATION and (2) containing 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 Q
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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.
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SECTION 00700
GENERAL CONDITIONS
11
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to
that document are shown by underlining text that has been added and
striking through text that has been deleted
EJCDC GENERAL CONDITIONS 191.0-8 (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......................................................1
1.1
Addenda ..............................................
1
12
Agreement..........................................1
1.3
Application for Payment,,,,,,,,,,,,,,,,,,,,,,
1
L4Asbestos
...........................................:.I
1.5
bid ......................................................
1
1.6
Bidding Documents ............................1
1.7
Bidding Requirements .......... ...............
I
1.8
Bonds.................................................1
1.9
Change Order......................................I
1.10
Contract Documents ....................I
1.11
Contract Price ......................................
l
1.12
Contract Times....................................1
1.13
CONTRACTOR1
1.14
defective.............................................1
1.15
Drawings............................................1
1.16
Effective Date of the Agreement.,,,,,.,,,_
1
1.17
ENGINEER.........................................1
1.18
ENGINEER's Consultant, .....................
1
1.19
Field Order..........................................1
1.20
General Requirements...........................2
121
Hazardous Waste
2
122.a
Laws and Regulations; Laws or
Regulations
1 22.b
................................
Legal Holidays ....................................
2
1.23
Liens ...................................................
1
124
Milestone............................................2
1.25
Notice of Award
2
126
Notice to Proceed.................................2
1.27
OWNER .............................................?
128
Partial Utilization
1.29
PCBs.................................................2
1.30
Petroleum...._ .......................... -
....1
1.31
Project) ..................._............_......._
2
1.32.a
Radioactive Material,,,,,,,,,,,,,,N
1.32.b
Regular Working Hours,,,,,,,,,,,,,,,,,,,,,,,
2
1.33
Resident Project Representative.... ........
-
1.34
Samples..............................................2
1.35
Shop Drawings ...................................
1.36
Specifications .....................................?
1.37
Subcontractor.....................................2
1.38
Substantial Completion
1.39
.......................I
Supplementary Conditions,,,,,,,,,,,,,,_„
2
1.40
Supplier..............................................2
1.41
Underground Facilities, ....................
2-3
1.42
Unit Price Work .................................
3
1.43
Work..................................................3
1.44
Work Change Directive .......................
3
1.45
Written Amendment ,,,,,,,,,,,,,,,,,,,,,,,,,,,3
Page
Number
PRELIMINARY MATTERS ..............................
_ 3
2.1
Delivery of Bonds, ...........................
.3
2.2
Copies of Documents .......................3
2.3
Commencement of Contract
Times; Notice to Proceed,,,,,,,,,,,,,,,
3
2.4
Starting the Work ............................3
2.5-2.7
Before Starting Construction;
CONTRACTOR'S Responsibility
to Report; Preliminary Schediles;
Delivery of Certificates of
Insurance ..................................
3-4
2.8
Preconstruction Conference
4
2.9
Initially Acceptable Schedules ..........
4
CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE ................... ......................
3.1-3.2
Intent .............._............ _...............4
3.3
Reference to Standards and Speci-
fications of Technical Societies
Reporting and Resolving Dis-
crepancies .................................
4-5
3:4
Intent of Certain Terns or
Adjectives .....................................
5
3.5
Amending Contract Docunents.........
5
3.6
Supplementing Contract
Documents ...................................
5
3.7
Reuse of Documents .........................5
AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS .........................................5
4.1
Availability. of Lands .....................
5-6
4.2
Subsurface and Physical
Conditions, ------- ------- _.................6
4.2.1
Reports and Drawings......................6
4.2.2
Limited Reliance by CONTRAC-
TOR Authorized; Technical
Data
6
4.2.3
Notice of Differing Subsurface
or Physical Conditions,-„.............6
4.2.4
ENGINEER's Review.......................6
4.2.5
Possible Contract Documents
Change.........................................6
4.2.6
Possible Price and Times
Adjustments ...............................6-7
4.3
Physical Conditions --Underground
Fac it itics.......................................
7
4.3.1
Shown or Indicated
,,,7
4.3.2
Not Shown or Indicated,,,,,,,,,,,,,,,,,,,,
7
4.4
Reference Points ,,,,,,,,,_............
7
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
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Article or Paragraph
Number & Title
Page Article or Paragraph
Number Number & Title
4.5 Asbestos, PCBs, Petroteuin,
Hazardous Waste or
Radioactive Material....................7-8
BONDS AND INSURANCE .................................
8
5.1-5.2
Perform ance, Payment and Other
Bonds..............................................
8
5.3
Licensed Sureties and Insurers;
Certificates of Insurance
8
5.4
CONTRACTOR's Liability
1 nsurance.........................................
9
5.5
01VNER's Liability Insurance;,,,,,,,,,,,,,
9
5.6
Property Insurance ..... .....................
9-10
5.7
Boiler and Machinery or Addi-
tional Property Insurance.................10
5.8
Notice of Cancellation Provision,10
5.9
CONTRACTORS Responsibility
for Deductible Amounts
10
5.10
Other Special Insurance .....................
10
5.11
Waiver of Rights................................11
5.12-5.13
Receipt and Application of
Insurance Proceeds, .....................
10-11
5.14
Acceptance of Bonds and Insu-
ance; Option to Replace,11
5.15
Partial Utilization --Property
Insurance......... I ..............................
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CONTRACTOR'S RESPONSIBILITIES
11
6.1.6.2
Supervision and Superintendenc9.......
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 Evaluation12.13
6.8-6.11
Concerning Subcontractors,
Suppliers and Others;
Waiver of Rights........................13-14
6.12
Patent Fees and Royalties...................14
6.13
Permits .............................................
14
6.14
Laws and Regulations..._...................14
6.15
Taxes . ........ ......................... .........14-15
6.16
Use of Premises.................................15
6.17
Site Cleanliness, ...............................
15
6.18
Safe Structural Loading.....................15
6.19
Record Documents .............................15
6.20
Safety and Protection ....... .............
MwM
621
Safety Representative .........................16
6.22
Hazard Communication Programs.....,
16
6.23
Emergencies .....................................
16
6,24
Shop Drawings and Sam ple3..............16
Page
Number
6.25
Submittal Proceedures; CON-
TRACTOR'S Review Prior
to Shop Drawing or Sample
Submittal ....................................
16
6.26
Shop Drawing & Sample Submit-
tals Review by ENGINEER ......
16-17
627
Responsibility for Variations
From Contract Documents ........
_17
6,28
Related Work Performed Prior
to ENGINEER's Review and
Approval of Required
Submittals ...................................
17
6.29
Continuing the Work....................17
6.30
CONTRACTOR'S General
Warranty and Guarantee ..............
17
6.31-6.33
Indcm nificaiioq
17- I8
6.34
Survival of Obligations ...................18
OTHER WORK ................... :.............................18
7.1-7.3
Related Work at Site
IS
7.4
Coordination.................................is
OWNER'S
RESPONSIBILITIES
IS
8.1
Communications to CON-
TRACTOR .................................
18
8.2
Replacement of ENGINEER.........
,,18
8.3
Furnish Data andPay Promptly
WhenDue.....:....:.......................18
8.4
Lands and Easements; Reports
and Tests .......................`--.-18-19
8.5
Insurance....... ................................
19
8.6
Change Orders„ ..... ...........*,,,,,,....J9
8.7
Inspections, Tests and
Approvals ...................................19
8.8
Stop or Suspend Work;
Terminate CONTRACTOR's
Services ......................................19
8.9
Limitations on OWNER'S
Responsibilities :.......................
.... 19
8.10
Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material,,,,,,,,,,,,,,,,,,,,
19
8.11
Evidence of Financial
Arrangements..............................19
ENGINEER'S STATUS DURING
CONSTRUCTION----.......................................19
9.1
OWNER's Representative :..............
19
9.2
Visits to Site . ...................... :.........
A9
93
Project Representative ..............
19-21
9.4
Clarifications and Interpre-
tations.........................................21
9.5
Authorized Variations in Vbrk........
21
EICDC GENERAL CONDITIONS 19103 (1990 EDITION)
W1 CITY OF FORT COLLINS MODIFICATIONS IREV 9/99)
Article or Paragraph Page Article or Paragraph
Number & Title Number Number & Title
Page
Number
9.6
Rejecting Defective Work...................21
13.8-13.9
Uncovering Work at ENGI-
9.7-9.9
Shop Draviings, Change Orders
NEER's Request,,,,,,,,,,,,,,,,,,,,,
27-28
and Payments....................................21
13.10
OWNER May Stop the Work ..........
28
9.10
Determinations for Unit Prices
21-22
13.11
Correction or Removal of
9.11-9.12
Decisions on Disputes; ENGI-
Defective Work,,,,,,,,,,,,,,,,,,,,,,,,,,
r8
NEERas Initial tnterpretet.........
__, 2
13.12
Correction Period..........................28
9.13
Limitations on ENGINEER's
13.13
Acceptance ofDefictive Work ........
_28
Authority and Responsibilities ,,,,??-23
13.14
OWNER May Correct Defective
Work .....................................
28-29
CHANGES INTHE WORK.......................................23
10.1
OWNER's Ordered Change................z3
14. PAYMENTS
TO CONTRACTOR AND
10.2
Claim for Adjustment, ..................
COMPLETION .,.,....,..,.„......_..........................29
10.3
Work Not Required by Contract
14.1
Schedule of Values .........................29
Documents ............... .. ......
......_......23
14.2
Application for Progress
10.4
Change Orders ........... ..._..................
23
Payment .................. ...............
... 29
10.5
Notification of Surety........................23
14.3
CONTRACTOR'sWarranty of
Title
29
CHANGE OF CONTRACT PRICE .............................23
14.4-14.7
Review of Applications for
11.1-11.3
Contract Price; Claim for
Progress Payments .............. _
29-30
Adjustment; Value of
14.8-14.9
Substantial Completion ,,,,,,,,,,,,,,,„.30
the Work...................................23
24
14.10
Partial Utilization --- -.._..........._30,31
11.4
Cost of the Work...........................24-25
14.11
Final Inspection...........................,31
11.5
Exclusions to Cost of the Work ..........
25
14.12
Final Application for Payment ...
,.... 1
11.6
CONTRACTOR's Fee
,25
14.13-14,14 Final Payment and Acceptance .......
31
11.7
Cost Records
25-26
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
CHANGE OF CONTRACT TIMES ............................26
15.1
OWNER May Suspend Work ..........
32
12.1
Claim for Adjustment ........................
26
15.2-15.4
OWNER May Term inatq.,..,........
* 32
12.2
Time oC the Essence z ..........................26
15.5
CONTRACTOR May Stop
12.3
Delays Beyond CONTRACTOR's
Work or Terminate,,,,,,,,,,,,,,,,,
32-33
Control
26-27
12.4
Delays Beyond OWNER's and
16. DISPUTE RESOLUTION ..................................33
CONTRACTOR's Control................17
TESTS AND CISPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF
DEFF_CTTVE WORK..................................................27
13.1
Notice of Defects...............................27
13.2
Access to the Work ...........................,27
13.3
Tests and Inspections;
CONTRACTOR's Cooperation.........27
13.4
OWNER's Responsibilities;
Independent Testing Laboratory,,,,,, 27
13.5
CONTRACTOR's
Responsibilities ...............................;7
13.6-13.7
Covering Work Prior to Inspec-
tion, Testing or Approval...............:27
17. MISCELLANEOUS...........................................33
17.1
Giving Notice: ...............................
33
17.2
Computation of Time ....................
33
17.3
Notice of Claim ...............................
33
17.4
Cumulative Remedies
33
17.5
Professional Fees and Court
Costs Included ............................
33
17.6
Applicable State Laws,,,,,,,,,,,,,,,
33-34
Intentionally left blank.......................................35
EXHIBIT GC -A:
(Optional)
Dispute Resolution Agreement— ,,,,,,,,,,,,,,,,GC
-Al
16.1-16.6
Arbitration ...............................
GC -Al
16.7
Mediation... .............................
GC -Al
EXDC GENERAL CONDITIONS 1910.9 (1990 EDITION)
W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
Bid Item 18 —60 Foot Pedestrian Prefabricated Bridge
Contractor shall furnish all labor, materials and equipment to install a 12' wide by 60' long pedestrian bridge in
accordance to the drawings and specifications.
Bid Item 19 — 4' Privacy Fence
Contractor shall furnish all labor, materials and equipment to install a 4' high shadow box cedar privacy fence
adjacent to the new 2' concrete retaining wall in accordance to the drawings and specifications.
Bid Item 20 — Soil Retention Blanket (Straw/Coconut Fiber)
Contractor shall furnish all labor, materials and equipment for placing and securing soil retention covering for
erosion control on all slopes greater than 3:1 as shown per the Drawings.
Bid Items 21 — Landscape Restoration — Seed Mix #1
Contractor shall provide all soil preparation; fine grading; fertilizer, herbicide; seed; labor, hydro -mulching and
equipment to seed any area disturbed during construction in accordance with the Drawings and Specifications.
Bid Items 22 — Landscape Restoration — Seed Mix #2
Contractor shall provide all soil preparation; fine grading; fertilizer, herbicide; seed; labor, hydro -mulching and
equipment to seed any area disturbed during construction in accordance with the Drawings and Specifications.
END OF SECTION
END OF DIVISION 1
City of Fort Collins
Park Planning & Development Division
Section 01800 - Definition of Bid Items
Page 3 of 3
Addendum 1 - 7289 Fossil Creek Trail at Stanton Creek
Page 6 of 13
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
.... ....... _7J
Substitutes and "Or -Equal" Item$ .......................0.7.1
Work by OWNER ..............................2.5,
6.30, 6.34
Access to the --
Lands, OWNER andCONTRACTOR
responsibilities ...................................
.......... 4.1
site. related Work ..................
7.2
Work . ..........................................13.2,
13-14, 14.9
Acts or Omissions--, Acts and Omissions --
CONTRACTOR ...................................
6.9.1, 9.13.3
ENGINEER ...... * .........................
_ ........ 6.20,9.13.3
OWNER ........ _ .....................
.... 0.20.8.9
Addenda --definition of (also see
definition of Specifications) .......(1.6,1.10,6.19),I.l
Additional Property Insurance; , ................................
5,7
Adjustments -
Contract Price or Contract
Times ...........................1.5,
3.5, 4.1. 4.3:2, 4.5.2,
.............................. 4.5.3. 9A, 9.5. 10.2-10.4,
. ....................................
11, 12, 14.8. 15.1
progress schedule ......... ........
.................... 6.6
Agreement --
definition of
1.2
"All -Risk" Insurance, policy form ...........................5.42
Allowances, Cash ....................................................11.8
Amending Contract Documents................................
3.5
Amendment, Written --
in general ................. 1. 10, 1.45,
3.5, 5.10, 5. 12, 6.6,2
........................... �. 8.2, 6.19, 10. 1, 1 0A, 1 l;2
. . . . .
'o............................12.1,
12.1, 13.12.2, 14.7.2
rCONTRACTOR.
Appeal, M
intent to...,.,.,,_, ......9.16, 9,11, 10.4. 16.2, 16.5
Application for Payment --
definition of......................................................1.3
ENGINEER!s Responsibility... ............................
9,9
final payment * .................. 9.13.4,
9. 13.5, 141.12-14. 15
in general ................ ....... _2.8.2.9,544,9.10, 15.5
progress payment * .....................................
. 14.1-14.7
review of ................................. .
... ......... % 14.4-14.7
Arbitration ... 44_ ..................... ...................
16.1-16.6
Asbestos --
claims pursuant thereto ..................
........ 4.5.2, 4.5.3
CONTRACTOR authorized to stop Work,,,,_,,,,, 4.5.2
definition of ......................................................1.4
Article or Paragraph
Number
OWNER responsibility for ............................
4.5.1, 8,10
possible price and times change-.
. ..................... 45.2
Authorized Variations in Work......,,,
1.6. 6.25, 6.27. 9.5
Availability of Lands .........................................A.1,
8,4
Award. Notice of--deftned, ......................
............... 1.25
Before Starting Constructiort ..................
........... 25-2.8
Bid -definition of,,................... ... 1.5
0. 1, C10, 2-3, 3.3,
........................4.2.6.4, 4.2.6.4, 6.13. 11.4.3, 11.9. 1)
Bidding Documents -definition -
of
1.6(6.8.2)
Bidding Requirements -definition
of ..........................................1.7
(1.1, 4.2.6.2)
Bonds --
acceptance 0( ................ .........
................. 5.14
additional bonds ..................................10.5,
11.4.5.9
Cost of the Work
11.5A
definition of
delivery of ...................................................
2.I, 5A
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 Allowances
)1.8
Certificate of Sub�"l-&-m-pictiorl
........ 1.38, 6.30.2.3,
..................................................14.8.
14.10
Certificates of InspectioR ...................9.13.4,
13.5, 14.12
Certificates of Insurance ............. 2.7,
53, 5.4.11, 5.4.13,
.... I ....... ........... 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.Z 9.4
...................9.5. 9.11. 10.2.
10.5, 11.2, 13.9.
........................ 13.13. 13.14,
14.7. 15.1, 15.5
CONTRACTORs fee .........................................11.6
Cost of the Work
general ......... __ ...................................
11.4-11.7
Exclusions to ............. ................................
11.5
Cost Records:..._ ............. .........
11.7
in general ............. 3.19, 1.44, 9.11,
16,4.2, 10.4.3. 11
Lump Sum Pricing..........................................11.3.2
Notification of Surety ............ ............
.............. 10.5
Scope Of ............................. .....................
)0.3-10.4
Testing and Inspection,
Uncovering the Work ..................................
13.9
EXI)CGENE KAL CONDITIONS 1910-8 (1990 EDITION)
W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
Unit Price Work 11.9
Article or Paragraph
Number
Value of Work..................................................11.3
Change in Contract Times -
Claim for times adjustment. .......
4.1, 4.2.6, 4.5, 5.15,
............ 6.8.2, 9.4. 9.5. 9.11, 10.2. 10.5. 12.1.
...............13. 9. 13.13. 13.14, 14. 7, 15.1, 15.5
Contractual time limits.....................................12-2
Delays beyond CONTRACTOR's
control.............................................
........... 12:3.
Delays beyond OWNER'S and
CONTRACTOR's control............................12.4
Notification of surety .........................................10.5
Scope of change ..........................
.............. 10.3-10.4
Change Orders—
Acceptance ofDejective Work.. ........................
13.13
Amending Contract Documen4...........................3.5
Cash Allowances11.8
Change of Contract Price.....................................I
t
Change of Contract Times...................................12
Changes in the Work ..........................................
10
CONTRACTOR's fee........................................11.6
Cost of the Work.......................................11.4-11.7
Cost Records....................................................11.7
definition of......................................................1.9
emergencies....................................................
0.23
ENGINEER's responsibility .......
9.8. 10.4. 112. 12.1
execution of.....................................................10.4
Indemnifictiort .........................0.12.
6.16, 6.31-6.33
Insurance, Bonds and .......................
5.10, 5.13, 10.5
OWNER may terminate . ....................
......... 15.2-15.4
OWNERS Responsibility...... 4.............
......... $.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, 6.82
Unit Price Work...............................................11.9
value of Work, covered by.....................4...........11.3
Changes in the Work.................................................10
Notification of surety.........................................10.5
OWNER's and CONTR4CTOR's
responsibilities ............................................10.4
Right to an adjustment......................................10.2
Scope of change ................. . ......................
10.3-10.4
Claims --
against CONTRACTOR.....................................6.16
against ENGINEER.......'................................6.32
against OWNER................................................6.32
Change of Contract Price .........................
4- 9.4, 112
Change of Contract Times ..........................
9.4, 12.1
CONTRACTOR's.............4. 7.1.
9.4. 9.5, 9.11. 10.2.
...........................11.2, 11.9.
12.1. 13.9. 14.8.
15.1, 15.5. 17.3
CONTRACTOR's Fee..__........._-_._...,...--_..-_ 11.6
Article or Paragraph
Number
CONTRACTOR's liability ........... 5.4, 6.12, 6.16,.6.31
Cosa of the Work ..............................
........11.4, 11.5
Decisions on Disputes...............................9.11,
9.12
Dispute Resolution............................................16.1
Dispute Resolution Agreement .................._16.1-16.6
ENGINEER as initial interpretor .......................
9,11
Lump Sum Pricing.........................................11.3.2
Noticeof................:.........................................17.3
OWNER's_................ 9.4, 9.5, 9.11,
10.2, 112, 11.9
........................12.1. 13.9, 13.13,
13.14, 17.3
OWNER's liability ..............................................
5.5
OWNER may refuse to make payment
................14.7
Professional Fees and Court Costs
Included.....................................................1.7.
5
request for formal decision op .........................
_9..I I
Substitute Items.............................................6.7.1.2
Time Extension.................................................12.1
Time requirements...................................9.11,
12.1
Unit Price Work ............. .............._._.............11.9.3
Valueof...........................................................1.1.3
Waiver of --on Final Payment.................14.14,
14:15
Work Change Directive „.„.,,,,,,
...
written notice required......................9
ii-,,,,10.2
l 1, 11.2, 12.1
Clarifications and Interpretations,,,,,,,,,,,
3.6.3, 9.4, 9.11
CleanSite............................................................6.17
Codes of Technical Society, Organization
or Association..................................................313.3
Commencement of Contract Times;,__,,,..__,,,,,,.....
2.3
Communications--
general..............................................6
2, 6.9.2. 8.1
Hazard Communication Programs .......................22
Completion --
Final Application for Payment ..........................14.12
Final Inspection..............................................14.11
Final Payment and Acceptance ...............
14.13-14.14
Partial Utilization............................................14.10
Substantial Completion......................1.38,
14.8-14.9
Waiver of Claims............................................14.15
Computation of Times .............. ....... .........
17.2.1-IT2.2
Concerning Subcontractors, Suppliers
and Others.................................................6.8-6.11
Conferences --
initially acceptable schedules ..............................
2.9
p reconstructiorl..................................................
2.8
Conflict, Error, Ambiguity, Discrepancy --
CONTRACTOR to Report ..........................
2.5, 3.3.2
Construction, before starting by
CONTRACTOR ............... I., .......... ...
......... ...
Construction Machinery, Equipment, etc ...................
6.4
Continuing the Work .....................................
6.29, 10.4
Contract Documents --
Amending..........................................................3.5
Bonds....................................... ...................
I ... 5.1
E1CDC GENERAL CONDITIONS 1910-8 (1990 EDmor)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances 11.8
Article or Paragraph
Number
Change of Contract Price ............................
........ I I
Change of Contract Times ..................................
12
.Changes in the Work ...............................
J0.4-10,5
check and verify.. ............. .............................
2.5
Clarifications and
Interpretations ..........................3.2. 3.6, 9.4. 9.11
definition of .....................................................1.10
ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,
,,9. I I
ENGINEER as OWNER'S representative..............9.1
general3
Insurance..........................................................
5.3
Intent"' ..... ........ ** ........... _ ...................
3.1-3.4
ar minor variations in the Work ..............................
3.6
OWNERs responsibility to furnish data,,,,_,,,_..,.
8.3
OWNER's responsibility to make
prompt payment .........................8.3, 14.4,
14.13
precedence ............ .............. .................
3.1,3.3.3
Record Documents ............................................6.19
Reference to. Standards and Specifications
of Technical Societies. .......... ........................
3.3
Related Work .....................................................7.2
Reporting and Resolving Discrepancies,,,,,,,,
2.5,33
Reuse of ' .......................
3.7
Supplementing .................................. ...............
3.6
Termination of ENGINEER'S Employment
........ _81
Unit Price Work... .........................................
-.11.9
variations� ................. ........................ 3.6,
6.23, 6.27
Visits to Site, ENGINEERs ................................
9.2
Contract Price -
adjustment of ................. 3.5, 4.1, 9.4, 10.3,
11.2-11.3
Changeof ........... I ......................... .....................
1 I
Decision on Disputes ........................................9.11
definition of .....................................................I'
....................................I'll
l l
Contract Times --
adjustment of ........................... 3.5, 4.1, 9.4, 10.3, 12
Change of .......................
......*........ * .... ** ............
12.1-12.4
Commencement of..... ........ I ...............................
2.3
definition of .............. .......................................
1.12
CONTRACTOR -
Acceptance of Insurance ................................
... 5.14
Communications ...... *'*'*"** ......... *** .........
�6.2. 6.9.2
Continue Work ** 6.29, 10.4
.. .......... ......... *
coordination an scheduling ............................6.9.2
definition of,,,,,,,,,,,,,,,,,,,,,,,,,,
:, .........
1.13
Limited Reliance on Technical
Data Authorizec.........................................
4.2.2
May Stop Work or Term irate,,,,,,,,,,,,,,,,,
...1.5.5
provide site access to others ........................
4 ,13.2
7' .
Safety and Protection,,,,,,,,,,,,,,,,,,, . 4.3.1.2. 616,
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
CONTRACTORS -
Article or Paragraph
Number
Compensation..........._..............................11.1-11.2
Continuing Obligation, ....................................14.15
Defective Work ...... ......................... 9.6.
13.10-13.14
Duty to correct defective Work ..........................13.11
Duty to Report -
Changes in the Work caused by
Emergency, .............................. .........
. 6.23
Defects in Work of Others . .............................
7.3
Differing conditions ...................................4.2.3
*......... * ........ **"-*'*
... 4.2.3
Discrepancy in Documents.,,,,_„ .. ).5, 3.3.2.
6.14.2
Underground Facilities not indicated ...........
4.3.2
Emergencies .....................................................0.23
Equipment and Machinery Rental, Cost
of the Work
11.4.5.3
Fee --Cost Plus ...... ......... * .......... 11,4.5.6,
11.5.1, 11.6
General Warranty and Guarantee .........
....... 0.30
Hazard Communication Programs.,,,,,,,,,,,,,,,,,
6.22
Indemnification ....... _ ..... ........ _6.12, 6.16. 6,31-6.33
Inspection of the Work ...............................
7.3,13.4
Labor, Materials and Equipment ....................
0.3-6,5
Laws and Regulations, Compliance by;.,,,,..,,,,
6,14.1
Liability Insurance,,,,,,,,,,,,,,,,,, .............................
5.4
Notice of Intent to Appeal„ .......................
9.10, 10.4
obligation to perform and complete
theWork ....................................................6.30
Patent Fees and Royalties, paid for by .................
6.12
Performance and Other Bonds
5.1
Permits, obtained and paid for
13
Progress Schedule 16, 18,
...................... I
2.9, 6.6.
........................................ 6_29. 10.4.
15.2.1
Request for formal decisionon disputes,,,,,,,,,,,,,,
9.11
Responsibilities --
Changes in the Work ............... .................
_ 10.1
Concerning Subcontractors, Suppliers
and Others ......................................
6.8-6.11
Continuing the Work ..................... ....
6.29. 10.4
CONTRACTORS expense ................. .........¢,
Tl
CONMACTOR!s General Warranty
And Guarantee .......................................6.30
CONTRACTOR!s review prior to Shop
Drawing or Sample submittal,,,,,,,,,,,,,,,,,
6.25
Coordination of Work,,,,, ........I .........
6.9.2
Emergencies,,,,,,,,,,,,,, ., ...............................
6.23
ENGINEERS evaluation. Substitutes
or "Or -Equal" Items..... ........................
For Acts and Omissions
of Others ........... 6.9-1-6.9.2, 9,13
for deductible amounts, insurance ..........
1 .... 5.9
general ........................................5. 7.2,
73, 8.9
Hazardous Communication Programs .....
..... 6.22
Indemnification ...................................
6.31-6.33
EJCDC GENERAL CONDITIONS 1910.8 (1990EDITION)
W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
Labor, Materials and Equipment ............... 6.3-6.5
Laws and Regulations ...:... ............
. ............6.14
Liability Insurance ........................................ 5.;
Article or Paragraph
Number
Notice of variation from Contract
....................
Documents ..............................
6.27
Patent Fees and Royalties...,-,,.............6.12
Permits................ ........................................
0.13
Progress Schedule.........................................6.6
Record Documents .......................................
6.19
related Work performed prior to
ENGfNEER's approval of required
submittals
6.28
safe structural loading.................................6.18
Safety and Protection....................6.20, 7.2. 13.2
Safety Representative...................................6.21
Scheduling the Work..................................6.9.2
Shop Drawings and Samples ........................
0.24-
Shop .Drawings and Samples Review
by ENGINEER......................................6.26
Site Cleanliness........_.............._.........._....6.17
Submittal Procedures...................................6.25
Substitute Construction Methods
and Procedures ....................................
6.7.2
Substitutes and "Or -Equal" Items................0.7.1
Superintendence .............................. ..............
6.2
Supervision...................................................4.
I
Survival of Obligations................................6.34
Taxes..........................................................0.15
Tests and Inspections...................................13.5
To Report .................... ............... ..................:.5
Use of Premises .................... 0.16-6.18, 6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal........................................6.25
Right to adjustment for changes in the Work ..... 10.2
right to claim ............. 17.1, 9.4, 9.5, 9,11,
10.2,11.2,
.......... 11.9, 12.1. 13. 9, 14. 8, 15.1,
15. 5, 17.3
Safety and Protection .................. 6.20.6.22, 7.2, 13.2
Safety Representative .......................................
6.21
Shop Drawings and Samples Submittals .....
6.24-6.28
Special Consultants ........................................11.4.4
Substitute Construction Methods and Procedures..6.7
Substitutes and 'Or -Equal" Items,
Expense .......................................... 6.7.1. 6.7. 2
Subcontractors,. Suppliers and Others.....,,,,,
6.8-6.11
Supervision and Superintendencq......... 6.1,
6.2. 6.21
Taxes, Payment by ............................ ...........6.15
Use of Premises ........................................
6.16-6.18
Warranties and guarantees ........................4
5, 6.30
Warranty of Title ..... ... ......................................14.3
Written Notice Required--
CONTRACTOR stop Work or terminate ........ 15.5
Reports of Differing Subsurface
and Physical Condition*....... 4...............
4.2.3
Substantial Completion, ...............................
14.8
mii
CONTRACTORS --other ..........................-----. _....... _.7
Contractual Liability Insurance:___._.......................5.4.10
Contractual Time Limits12.2
Article or Paragraph
Number
Coordination—
CONTRACTOR's responsibility .......................
69.2
Copies of Documents................................................2
2
Correction Period..................................................13.12
Correction, Removal or Acceptance
of Defective Work--
in general...................................10.4.1,
13.10.13.14
Acceptance of Defective Work ..........................13.13
Correction or Removal of
Defective Work.................................6.30,
13.11
Correction Period............................................13.12
OWNER May Correct Defective Work..............13.14
OWNER May Stop Work.................................13.10
Cost --
of Tests and Inspections.....................................13.4
Recordsll.7
Cost of the Work --
Bonds and insurance, additional ...................11.4.5.9
Cash Discounts..............................................11.4.2
CONTRACTOR's Fee.....:......:..........................11.6
Employee Expenses......................................11.4.5.1
Exclusions to.....................................................11.5
General 11.4-1 1.5
Home office and overhead expenses ....................11.5
Losses and damages.....................................11.4.5.6
Materials and equipment_._....._... I...................11.4.2
Minor expenses...........................................11.4.5.8
Payroll costs on changes................................11.4.1
performed by Subcontractors............................11.4.3
Recordsll.7
Rentals of construction equipment
and machinery ......................................
11.4.5.3
Royalty payments, permits and
license fees............................................11.4.5.5
Site office and temporary facilities ..... ,.........
J IA5,2
Special Consultants, CONTRACTOR's.............
11.4.4
Supplemental.................................................11.4.5
Taxes related to the Work1,1.4.5.4
Tests and Inspection.........................................13.4
Trade Discounts.............................................11.4.2
Utilities, fuel and sanitary facilities ,,,,,,,,,,,,,,I
1.4.5.7
Work after regular hours.................................11.4.1
Covering Work ....................... .......................
13.6-13.7
Cumulative Remedies ............ ..........................
17.4-17.5
Cutting, fitting and patching ....................................
7.2
Data, to be furnished by OWNER .............................
8.3
Day —definition of, ...............................................
J7.2.2
Decisions on Disputes ....................................
9.11, 9.12
defective --definition of ...... ....... ...... :.......:........._...1.14
defective Work --
Acceptance of.......................................10.4.1.
13.13
E1CDC GENERAL CONDMONS 1910-8 (1990 EDITIOM
w/ CITY OF FORT COI.UNS MODIFICATIONS (REV 9199)
Correction or Removal of 10,4.1, 13.11
Correction Period J 3.12
in general .........................................13, 14.7, 14.11
Article or Paragraph
Number
Observation by ENGINEER . ...............................
9.2
OWNER May Stop Work .................................
13.10
Prompt Notice of Defects ...................................13.1
Rejecting; ..........................................................
9.6
Uncovering the Work .......................................13.8
Definitions
I
Delays .......................4.1, 6.29, 12.3-12.4
Delivery of Bonds.....................................................
2.1
Delivery of certificates of insurance...........................2.7
Determinations for Unit Prices................................
9.10
Differing Subsurface or Physical Conditions --
Notice of
4.2.3
ENGINEER'S Review
_4.14
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--
Agreemenk ........ .................................
16.1-16,6
Arbitration
gcnera116
Mediation
_16.6
Dispute Resolu�;�i-x�e.cm- e-n-t.-,-, .......................
J6.1
Disputes, Decisions by ENGINEER ...................
9,11-9.12
Documents. -
Copiesof ...........................................................2.2
Record 6.19
Reuseof ............................................................
3.7
Drawings --definition of ............................................
3.15
Easements ..............................................................
4.1
Effective date of Agreement -- definition qf ..............).16
Emergencies..... _............ ................... I .............
6.23
ENGINEER -
as initial interpreter on disputes, ...............
9.11-9.12
definition of .................................................
............... ..............
1.17
*
Limitations on authority and responsibilities,,,, :9.13
Replacement of,._ .................................._.........
9.2
Resident Project Representative ...........................
9.3
ENGfNEERs Consultant dcrmition o.f ..............
-J.18
ENGINEERs--
authority and responsibility, limitations on ....... 9.13
Authorized Variations in the Work .....................9.5
Change Orders, responsibility for,...... 9.7. 10, 11, 12
Clarifications and Interpretations ..... .........
3.6.3,9.4
Decisions on Disputes,,,,,,,,,,,,,,,,,
9.11-9.12
defective Work, notice of....................................13.1
Evaluation of Substitute Items, ... ..........
....... 6.7.3
Liability ......... ........................ ................
6.32,9.12
Notice Work is Acceptable .............. I ............
:..J[4.13
Observations, ..... .................................. _fi.30.2.
9.2
OWNER!s Representative * ...................................9.1
Payments to the CONTRACTOR,
Responsibility for .....................................9.9, 14
Recommendation of Payment ....................14.4, 14.13
Article or Paragraph
Number
Responsibilities --Limitations on,,,,,,,,,,,,,,,,
9.11-0.13
Review of Reportson Differing Subsurface
and Physical Conditions............_...............32.4
Shop Drawings and Samples, review
responsibility........... ................... _.............
6,26
Status During Construction --
authorized variations in the Work'
9.5
Clarifications and Interpretations...................9.4
Decisions on Dispute; ..........................
9.11-9.12
Determinations on Unit Price ......................
9.10
ENGINEER as Initial Interpreter,_,,.,,,_
9.11-9.12
ENGINEER'S Responsibilities ................
9.1-9.12
Limitations on ENGINEERs Authority
and Responsibifific4 ..............................9.13
OWNER!s Representative ..............................9.1
Project Representative ...................
i ............... 93
Rejecting Defecim 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 ...............................7.2,
9.1
Equipment, Labor, Materials and ........................0.3.6.5
Equipment rental, Cost of the Work * ...............
... 11.4.5.3
Equivalent Materials and Equipment .......................
26.7
error or orn issionq ..................................................0.33
Evidence of Financial Arrangements ......................
$. I I
Explorations of physical candition4 ........................
4.2.1
Fee, CONITRACTORs-Costs Plus ..............
J 1.6
Field Order -
definition of......................................................1.19
issued by ENGINEER ................................
3.6.1,9.5
Final Application for Payment ...............................
14.12
Final Inspection ...................................................14.11
Final Payment -
and Acceptance ......................................
14.13-14.14
Prior to, for cash allomnccs ..................
11.8
General Provisions ..... * ... * ....................
173-17.4
General Requirements -
definition o( .....................................................1.20
principal references to ..............2.6, 6.4.
6.6-6.7, 624
Giving Notice .........................................................17.1
Guarantee of Work -by CONTRACTOR .........
6.30, 14.12
Hazard Communication Program* ...........................
0-22
Hazardous Waste_
definition of.....................................................1.21
general..........................................................
... 4.5
OWNER'S responsibility fo� ...............................
8.10
EX-0C GENERAL CONDITIONS 1910.8 (1990 ED1710M
w/ CITY OF FORT COLONS NIODIRCATIONS XV 9/99)
Indemnification ........ ..................... 6.12, 6.16, 6.31-6.33
Initially Acceptable Schedules,,,,,,,,,,,,, ,,,,,,,,,,,,,,,;,,,,, 2.9
Inspection --
Certificates of..............................9.13.4, 13.5. 14.12
Final...........................................................14.1 t
Article or Paragraph
Num her
Special, required byENGINEER .........................9.6
Tests and Approval ... .......... p....... ....... $.7, 13.3-13.4
Insurance --
Acceptance of, by OWNER ...... .........................
5.14
Additional, required by changes
in the Work............................................11.4.5.9
Before starting the Work .. ................. ...........
..... . 2.7
Bonds and --in general..........................................5
Cancellation Provisions .......................................
5.8
Certificates of .......... .... 2.7, 5, 5.3, 5.4.11,
5.4.13,
........................5.6.5, 5.8. 5.14, 9.13.4.
14.12
completed operations.....................................5.4.13
CONTRACTOR's Liability5.4
CONTRACTOR's objection to coverage,,,,,,,,,,,,,
5.14
Contractual Liability_ ...................................
5.4.10
deductible amounts, CONTRACTOR's
responsibility ................................................
5.9
Final Application for Payment..... I...................14.12
Licensed Insurers................................„_.,,,,,,._,,,5.3
Notice requirements, material changes ........
5.8, 10.5
Option to Replace.,.,., ...... ............................
... 5.14
other special insurances .................... I...............5.10
OWNER as fiduciary for insureds. ............ ...5.12-5.13
OWNER's Liability ............................................
......--. ..............
5.5
OWNER'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 Clarifications ....................3.6.3.
9.4
Investigations of physical conditions ...................
:...... 4.2
Labor, Materials and Equipment ...........................
.3.6.5
Lands --
and Easements...................................................8.4
Availability of.............................................9.1,
8.4
Reports and Tests ...............................................
8A
Laws and Regulations --Laws or Regulations --
Bonds....................................................5.1-5.2
Changes in the Work.............„.,___,,._,,,,.,,,,,.,...10.4
Contract Documents..........................................3.1
CONTRACTOR's Responsib lities....................
6.14
Correction Period, defective Work.. ...................
13.12
Cost of the Work, taxes...............................1
1,4.5.4
definition of............. .................. ...............1.222
general6.14
Indemnification, ..... .......... .........
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 ...........
6.8-6:1 I
Article or Paragraph
Number
Tests and Inspections..................................13.5
Use of Premises ..... .......... ........ :............ ............
6.16
Visits to site.......................................................9.2
Liability Insurance—
CONTRACTORs...............................................
5.4
OWNER's............................................................
5.5
Licensed Sureties and Insurers .................................
5.3
Liens --
Application for Progress Payment._........_.._.._._14.2
CONTRACIOR's Warranty of Title.,,,,,,,,,,,,,„....14.3
Final Application for Payment ..........................14.12
definition of .....................................................
1.23
Waiver of Claims .............................................
14.15
Limitations on ENGINEER's authority and
responsibilities.........................................
..9.13
Limited Reliance by CONTRACTOR
Authorized .......................................................4.2.2
Maintenance and Operating Manuals --
Final Application for Payment ..........................14.12
Manuals (of others)--
Precedence....................................................3.33.1
Reference to in Contract Documents ..................3.3.1
Materials and equipment--
Bimished by CONTRACTOR ..............................
6.3
not incorporated in Work...................................14.2
Materials or equipment--equivalentt ..........................0.7
Mediation (Optional)..............................................16.7
Milestones --definition of ........................................
J.24
Miscellaneous --
Computation of Times .......................................
I T2
Cumulative Remedies ........................................
17.4
Giving Notice....................................................17.
t
Notice of Clain.................................................17.3
Professional Fees and Court Costs Included .........
17.5
Multi -prime contracts .................................................
7
Not Shown or Indicated
4.3.2
Notice of --
Acceptability of Project....................................14.
13
Award, definition of.........................................).25
Claim............................................................17.3
Defects.13.1
Differing Subsurface or Physical Conditions ----
,,,4.2.3
Giving............................................................17.1
Tests and Inspections ........................................
j3.3
Variation Shop Drawing and Sample.................0
27
Notice to Proceed -
definition of......................................................1.26
civine of
2.3
................................... I ........ I ..........
....
EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION)
w! CITY OF FORT COLONS MODIFICATIONS (REV 9/99)
I
I
Notification to Surety ..................... _ ..................... 10.5
testing, independent-, ............... ....................... 13.4
Observations, by ENGINEER., .......................... 6-30,9.2
use or occupancy
Occupancy of the Work,,;,,,,,,,,,,,,,,, 5.15. 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR ............... 0.9,9.13
of the Woik ..........................5.15, 6.30.2.4. 14.10
written consent or approval
Open Peril policy form, Insurance ..........................5.6.2
required ......................................... 9-1. 6.3. 11.4
Option to Replace ....................................................$. 14
Article or Paragraph
Number
"Or Equal" Items ......................................................6.7
Other work 7
Overtime Work --prohibition of ................................. 6.3
OWNER --
Acceptance of defective Work ...........................13.13
appoint in ENGINEER ......................................8.2
as fiduciary ...............................................5. 12-5.13
Availability of Lands, responsibility ....................9.1
definition of .....................................................1.27
data, furnish ......................................................8.3
May Correct Defective Work .......................... J3.14
May refuse to make payment,,,,,,,, .................... 1.4.7
May Stop the Work ...................... : ...... 13.10
May Suspend Work,
Terminate ...... .................. _$.8. 13.10. 15.1-15.4
Payment, make prompt.....,_.............83, 14.4. 14.13
performance of other work,,,,,,,,,,,,,,,,,, ......... !.I
permits and licenses, requirements ....... ............ 613
purchased insurance requirement; ............... 5.6-5.10
OWNERs.-
Acceptance of the Work ........................... _630.2.5
Change Orders, obligation to execute.,,,,,,,,, A, 10.4
Communicatioml ................................................ 8.1
Coordination of the Work 7.4
Disputes, request for decision ............................ PlI
Inspections, tests and approvals .................. $ ,7. 13.4
Liability Insurance ........................I.....................5.5
, ..................13.1
.. ......
Notice of Defects 'j
Representative --During &'s't'r'uc'r ton,
ENGINEEFes Status
Responsibilities—
Asbestos, PC13s, Petrolcurn, Hazardous
Waste or Radioactive Material 8.10
Change Orders ... 4 .........................................8.6
Changes in the Work...................................10.1
communications............................................8.1
CONTRACTORs responsibilities ................... 8.9
evidence of financial arrangements .............. $.Il
inspections, tests and approvals,,,,,,,,,,,,,,,,,, „8.7
.
insurance �'5
lands and easements ................... ................. 8.4
prompt payment by ............................ __4 .... _8J
replacement of ENGINEER ............ .............. $.2
reports and tests 8.4
stop or suspend Work ................. 8A 13.10, is.)
terminateCONTRACTORs
services........._ ...: ....... ; .... ........ 8.8. 15.2
separate representative at site,,.......... 4 ................. $1.3
xi
EJCDC GENERAL CONDITIONS 19103 (1990 EDITION)
W/ CITY OF FORT COLLINS NIODIFICATIONS (REV 9199)
I
1
Article or Paragraph
Number
written notice required .......................7.1,
9.4, 9.11,
....................................11.2. 11.9. 14.7. 15.4
PCBs --
definition of
1.29
general.........................................:...................4.5
OWNER's responsibility for,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,8.10
Partial Utilizaiion—
definition of.....................................................1
28
general6.30.2.4, 14.10
Property insurance ...........................
I ...... ........... 5.15
Patent Fees and Royalties .......................................
6.12
Payment Bonds .................................................
5.1-5.2
Payments, Recommendation of..............14.4-14.7.
14.13
Payments to CONTRACTOR and Completion —
Application for ProgressNyments ......................14.2
CONTRACTOR's Warranty of Title_..._
..............14.3
Final Application for Payment ..........................14:12
Final Inspection ..............................................
14.11
Final Payment and Acceptance,,,,,,,,,,,,,,,
14.13-14.14
general.........................................................8.3.
14
Partial Utilization- ....... ...... ...............
- . ...... 14.10
Retainage..........................................................14.2
Review of Applications for
Progress Payments .......... ........ I .............
4.4-14.7
prompt payment..................................................8.3
Schedule of Values ...........................................
14.1
Substantial Completion.,.,...__ ...........
....... .14.8-14.9
Waiver of Claims, ............................................
14.15
when payments due ................................
14.4, 14.13
withholding payment.........................................14.7
Performance Bonds ............... .............................
5.1-5.2
Permits............................................................k.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
ENGINEER's review.........................................4.2.4
existing structures ........... .................... .....
....... 4.2.?
general4.2.1.2 .................. ..............................
-
Notice of Differing Subsurface or,,,,,,,,,,,,,,,,,,,,,
4.2.3
Possible Contract Documents Change,,,,,,,,,,,,,,
42.5
Possible Price and Times Adjustments..............4.2.6
Reports and Drawings......................................4.2.1
Subsurface and...................................................4.2
Subsurface Conditions,,4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized .......................42.2
Underground Facilities --
general........................................................4.3
Not Shown or Indicaed..............................4.3.2
Protection of. ...................... .................
4.3.6.20
Article or Paragraph
Number
Shown orIndicated............. ...................:...............
4.3.1
Technical Data...............................................4.2.2
Preoonstruetion Conferenc4.......................................2.8
Preliminary Matters.....................................................2
Preliminary Schedules ..............................................
2.6
Premises, Use of .......... -........ ............... ...........
6.16-6.18
Price, Change of Contract ...................... .....................
I I
Price, Contract--defmition of ..................................
1.11
Progress Payment. Applications for ..........................14.2
Progress Payment--retainage...................................
14.2'
Progress schedule, CONTRACTORS ...........
2.6, 2:8, 2.9,
................................. 6.6, 6.29,
10.4, 15.2.1
Project —definition of...............................................1.31
Project Representative --
ENGINEERS Status DuringConstruction ............ 9.3
Project Representative, Resident --definition of.,..,.,,, L33.
prompt payment by OWNER.....................................8.3
Property Insurance--
Additional.........................................................5.7
genera15.6-5.10
Partial Utilization ........... .....................
5.15. 14.10.2
receipt and application of proceeds ............
5.12-5.13
Protection, Safety and ..............................
k 20-6.21. 13.2
Punch list ...........................................................
14.11
Radioactive Material--
defmtion of ...................... ................................
1.32
genera14.5
OWNER's responsibility for ..............................
$.10
Recommendation of Paymen(................ 14.4,
14.5, 14.13
Record Documents........................................6.19,
14.12
Records, procedures for maintaining ..........................2
8
Reference Points.......................................................4.4
Reference to Standards and Specifications
of Technical Societies.........................................3.3
Regulations, Laws and (or) .........................
I ............ 6.1a
Rejecting Defective Work..........................................9.6
Related Work --
atSite ........................................ ................
7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review.....................6.28
Remedies, cumulative., ....................................
17.4. 17.5
Removal or Correction ofDefecrrve Work .................
13.11
rental agreements, OWNER approval required ..... 11.4.5.3
replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,,,,,
8.2
Reporting and Resolving
Discrepancies................................2.5,
3.3.2, 6.14.2
Reports --
andDrawings, ................................................4.2.1
and Tests, OW.NER's responsibility„ ...................
8A
Resident and Project Representative —
definition of....................................................1.33
provision for.. ........................ ........ ......................... 9.3
sli EJCDC GENERAL CONDITIONS 1910-8 (1990 Enmorr)
w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9199)
Article or Paragraph
Num ber
Resident Superintendent, CONTRACfOR's- ............. 6.2
Responsibilities—
CONTRACTOR's•in general..................................6
ENGINEERS -in general.......................................9
Limitations on.............................................9.13
OWNER's-in general, ................ % .........
: ................. 8
Reminage............................................................14.2
Reuse of Documents ................ .. ...............................
3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal .........................4.25
Review of Applications for
Progress Payments ..... ................................
14.4-14.7
Right to an adjustment ........................
................... 0.2
Rights of Way ............................ ..............................
4.1
Royalties, Patent Fees and....:.................................6.12
Safe Structural Loading ................... ........................
6.18
Safety —
and Protection ................................4.3.2,
6.16, 6.18.
............ .................... ..... 6.20-6.21,
7.2. 13.2
general......................................................0.20-6.23
Representative, CONTRACTORs......................6.21
Samples --
definition of......................................................1.34
general ....................................................
..0.24-6.28
Review by CONTRACTOR ......... _._
............. _.. 6.25
Review by ENGINEER..............................0.26,
6.27
related Work.....................................................0.28
submittal of
6.24.2
submittal procedures.........................................0.25
Schedule of progress,,,,,,, „
...................
2.6, 2.8-2.9, 6.6,
.........................................6.29.
10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals, ............................. 2.6, 2.8-2.9, 6:24-6.28
Schedule of Values,_„.........................2.6,
2.8-2.9, 14.1
Schedules --
Adherence to...............::.................................15.2.1
Adjusting....... .. ................................................0..6
..
Change of Contract Times.................................10.4
Initially Acceptable ............. ...............:........,
2.8.2.9
Preliminary ........................................................2.6
Scope of Changes.......................................10.3-10.4
Subsurface Conditions............................I...........4.11.1
Shop Drawings-
-and Samples, general ................................
6.24-6.28
Change Orders & Applications for
Payments, and ......................... ................
9.7-9.9
definition of......................................................1.35
ENGINEER's approval of.................................3.6.2
ENGINEER's responsibility
for review ... ...................................
.7.6.246.28
related Work........_...__....._.............................6:28
review procedures, ...............................
2.8, 6.24.6.28
Article or Paragraph
Number
submittal required ................................................. .............................
Submittal Procedures ........................................
6.25
use to approve substitutions..............................0.7.3
Shown or Indicated
4.3.1
Site Access......................................................7.2,
13.2
Site Cleanliness........................._...........................6.17
Site, Visits to—
byENGINEER..........................................
13.2
byothers ... ................................. .:....................
13.2
"special causes of loss" policy form,
insurance.......................................................
5.6.2
definition of. ........................................ ...........
j.36
Specificalions—
defination of ..............
of Technical Societies, reference to...................3.3.1
precedence ......................................................3.3.3
Standards and Specifications
of Technical Societies .................. .......................
3.3
Starting Construction, Before ...............................
Starting the Work ....................................................
2.4
Stop or Suspend Work --
by CONTRACTOR ...................
.15.5
by OWNER.....................................9.8,
13.10, 15,1
Storage of materials and equipment, ....................
4.1,7.2
Structural Loading, Safety ......................................:
6.18
Subcontractor —
Concerning.......... :.....................................
6.8.6.11
definition of.....................................................1,37
delays............................................................12.3
waiver of rights................................................6.
I
Subcontractors --in general,,,,
, 6.8-6.11
Subcontracts --required provision$,,,..,,,, 5.11. 6.11.
11.4.3
Submittals —
Applications for Payment.................................14.2
Maintenance and Operation Manuals14.12
Procedures
0.25
Progress Schedules......................................2.6,
2.9
Samples ................................... ................
6.24-6.28
Schedule of Values.....................................2.6,
14.1
Schedule of Shop Drawings and Samples
Submissions.....................................2.6,
2.8-2.9
Shop Drawings :.......................................
6.24-6.28
Substantial Completion —
certification of .............................0.30.2.3,
14.8-14.9
definition of.....................................................).38
Substitute Construction Methods or Procedures.......
6.7 2
Substitutes and "Or Equal"Items ......._.__,.,.............
6.7
CONTRACTOR's Expense,,,,,,,,,,,,, , ,
,,,,,{.7. 1.3
ENGINEER's Evaluation,,,,.........................
6.7.3
"Or-E W a I" ...................................................
6.7.1.1
Substitute Construction Methods
MDC GEN U%L MOMONS 1910-3 (1990 ED1710N)
w/ CITV OF FORT COLUNS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
or Procedures.............................................6.7.2
Substitute Items .............................................
6.7.1.2
Subsurface and Physical Conditions --
Drawings of. in or relathg to .......................4.2.1.2
ENGINEER's Review .......................................
4.2.4
general..............................................................4.2
Limited Reliance by CONTRACTOR
Authorized
4.2.2
Notice of Differing Subsurface or
Physical Conditions .........................................
4.2.3
Physical Conditions ......................................
4.2.1:2
Possible Contract Documents Change ,,,,,,,,,,,,,„4.2.5
Possible Price andTimes Adjustments...............4.2.6
Reports and Drawings ...................................
. A 2.1
Subsurface and ...................................................
4.2
Subsurface Conditions at the Site .....................
4.2.1.1
Technical Data.................................................4.2.2
Supervision—
CONTRACTORs responsibility-._ ..................
OWNER shall not supervise................................8.9
ENGINEER shall not supervise,,,,,,,,,,,,,,,,,
9.2; 9.132
Superintendence...............................................:......6.2
Superintendent, CONTRACTOR's residen[...............02
Supplemental costs ..............................................
11.4.5
Supplementary Conditions --
definition of.....................................................1.39
principal references tq.................J.10, 1.18,
2.2, 2.7,
.......................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9,
........... ,5.11.6.8,6.13, 7.4, 8.11,
9.3, 9. 10
Supplementing Contract Dot:uments .........................3.6
Supplier --
definition of.....................................................I.40
principal references tq........... 3.7, 6.5, 6.M.11,
6.20,
..........................................6.24, 9.13, 14.12
Waiver of Rights ...............................................
6. 11
Surety --
consent to final payment„ .....................
j4.12, 14.14
ENGINEER has no duty to .... : ...........................
9.13
Notification of..................................10.1.
10.5. 15.2
qualification of ... ................... .................
I ..... 5.1-5.3
Survival of Obligations ...........................................
6.34
Suspend Work, OWNER May ......................
j3.10, 15.1
Suspension of Work and Termination .......................15
CONTRACTOR May Stop Work
or Terminate..............................................15.5
OWNER May Suspend Work..............................15.1
OWNER May Terminate............................15.2-15.4
Taxes --Payment by CONTRACTOR ........................
6.15
Technical Data --
Limited Reliance by CONTRACTOR.................4.2.2
Possible Price and Times Adjustments .....
--------- 4.2.6
Reports of Differing Subsurface and
Physical Conditions, ... .....................
4.2.3
xiv
Temporary construction facilities..............................4.1
Article or Paragraph
Number
Termination --
by CONTRACTOR...........................................15.5
by OWNER........................................8.8,
15.1-15.4
of ENGINEER's employment, ...........................
.$.2
Suspension of Work-in general ......................
......15
Terms and Adjectives..............................................3.4
Tests and Inspections --
Access to the Work, by others ...........................13.2
CONTRACTOWs responsibilities ......................13.5
cost of 13.4
covering Work prior to ...............
............... 13.6-13.7
Laws and Regulations(or)................................
13.5
Notice of Defects .... ............. ..................
........... 13.1
OWNER May Stop Work.,
OWNER's independent testing ..........................13.4
special, required by ENGINEER ..........................9.6
timely notice required.......................................13.4
Uncovering the Work, at ENGINEER's
request......_.........................................I
3.8-13.9
Times --
Adjusting...........................................................0.6
Change of Contract.............................................12
Computation of................................................17.2
Contract Times --definition of ...........................jA2
day..........................................................17.2.2
Milestones..........................................................12
Requirements—
appeals.................................................
9.10, 16
clarifications,
claims and disputes..................9.11,
11.2, 12
Commencement of Contract Times
................ 2.3
Preconstruction Conference ............................22.8
schedules.........................................2.6,
2.9, 6.6
Starting the Work.........................................2.4
Title, Warranty of ...................................................
14.3
Uncovering Work ..................... .............
.......... 13.8-13.9
Underground Facilities, Physical Conditions —
definition of....................................................1.41
Not Shown cr Indicated ...................................
4.3.2
protection of..............................................4.3,
6.20
Shown or Indicated....................................I.....4.3.1
Unit Price Work —
claims......................................................._JL9.3
definition of....................................................1.42
genera l l 1.9. 14.1. 14.5
Unit Prices --
general t 1.3.1
Determination for ............................................
9.10
Use of Premises................................6.16,
6.18, 6.30.2.4
Utility owners.............................6.13,
6.20, 7.1-7.3, 13.2
Utilization, Partial ................... 128, 5.15, 6.30.2.4. 14.10
Value of the Work..................................................11.3
Values, Schedule of.............................2.6.
2.8-2.9, 14.1
E1CDC GENERAL CONDMONS 1910.8 (1990 EDI nOM
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
EXHIBIT 4 — NEW & REVISED PLAN SHEETS
Sheets Included & Instructions:
1. Plan Sheets — Dated 10/6/11 (2 sheets), Add Sheets 21 a & S-2 to the plan
set.
2. Plan Sheets — Dated 10/6/11 (4 sheets), Replace Sheets 1, 21, 22 & S-1 to
the plan set.
Addendum 1 - 7289 Fossil Creek Trail at Stanton Creek. Page 7 of 13
Variations in Work. -Minor
Authorized ...................... ............... .6.25: &27, 9.5
Article or Paragraph
Number
Visits to Site. -by ENGINEER...................................9.2
Waiver of Claims --on Final Payment,,,,,,,,,,,,,,,,,,,,,
14.15
Waiver of Rights by insured parties .................
$. 11, 6.11
Warranty and Guarantee, General --by
CONTRACTOR
Warranty of Title. 66 6is*'.."'.'.*..'.'.'.'.'.'.'...........I
4.3
Work --
Accessto ......................................................
1.3.2
byothers,... ......................... ...... ..........................
7
Changes in the .......... ... ...... ................
: .... : ...... 10
Continuing the ............... .......... .......
............... 6.29
CONTRACTOR May Stop Work
or Terminate
15.5
Coordination of ....................................................
7.4
Cost ofthe......... ................. * . .......
... 11.4-11.5
definition of
1.43
..............
neglected by CONTRACTOR,..„.
.. t 3.14
other Work
7
OWNER May Stop Work ....................
............ 13.10
OWNER May Suspend Work ...................
J3.10, 15.1
Related, Work at Site,,,,,,,,,,,,
7.1-7.3
Starting the,,.,,,,.
2.4
Stepping by CONTRACTOR .............................15.5
Stopping by OWNER. ................................
15.1-15.4
Variation and deviation authorized. minor ........... 3.6
Work Change Directive —
claims pursuant to .............................................10.2
definition of
1 .44
principal references o ..................
10.1-10.2
Written Amendment --
definition of ......................................................1.45
principal references to ..............1.10,
3.5, 5.10,15.12,
...................I....6.6.2, 6.8.2, 6,19,10.1, 10.4,
........ .............. 11.2, 12.1,
13.12.2, 14.72
Written Clarifications and
Interpretations ..................................
3.6.3, 9.4. 9.11
Written Notice Reuired
byCONTRACTOR .............................
7-1, 9.10-9.11,
10.4. 11.2. 12.1
byOWN............................................
9. 100,11, 10A,
11.2, 13.14
.w
EJCDC GENERAL CONDITIONS1910-8 (1990 EDITION)
wi CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
(This page left blank intentionally)
X%i EXDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS NODI ICATIONS (KEV.9199)
GENERAL CONDMONS
ARTICLE 1—DEFIVTIT0NS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
1.1. Addenda —Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents.
1.2. Agreement —The written contract between OWNER
and CONTRACTOR covering the Work to be performed
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein.
1.3. Appfication for Payment —The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation' as is
required by the Contract Documents
1.4. Asbestos —Any material that containsmore than one
percent asbestos and is friable or is releasing asbestos fibers
tam the air above current action levels established by the
United States Occupational Safety and Health.
Administration
1.5. Bid —The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
1.6. Bidding Documents —The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7. Bidding Requirements —The advertisement or
invitation to Bid. instructions to bidders, and the Bid form.
1.8. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by
ENGINEEER which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement
1.10. Contract Documents —The Agreement, Addenda
(which pertain to the Contract. Documents),
CONTRACTOR's Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Proceed, the
Bonds, these General Conditions. the Supplementary
Conditions, the Specifications and the Drawings as the
EJCDC OENERAL CONDITIONS 191" (1990 eclitim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000)
same are more specifically identified in the Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGTNEER's
written interpretations and clarifications issued pursuant to
parsgraphs3.5, 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 627 and the
reports and drawings referred to in paragraphs 42.1 and
422 are not Contract Documents,
1.11.. Contract Price —The moneys payable
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work).
1.12. Contract Times —The numbers of days or the
dates stated in the Agreement () to achieve Substantial
Completion, and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER'S
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. CONTRACTOR —The person, firm or corporation
with whom OWNER has entered into the Agreement
1.14. defective —An adjective which when modifying
the word Work refers to Work that is urmtisfactory, faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has-been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14.10).
1.15. Drawings —The drawings which show the scope.
extent and character of the Work to be fumished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents. Shop drawings are riot
Drawings as so defined
1.16. Effective Date .of the Agreement —The date
indicated in the Agreement an which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. ENGINEER —The person, firm or corporation
named as such in the Agreement.
1.18. ENGINEER's Consultant —A person, firm or
corporation having a contract with ENGINEER, to furnish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.19. Field Oiler —A written order issued by
ENGINEER which orders mbtor 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.
120, General Requirements -Sections of Division 1 of
the Specifications.
121. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section. 6903) as amended
from time to tune.
1 22.a Laws and Regulations; Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies
agencies, authorities and courts having jurisdiction
122.b. Legal Holidays shall be those holidays observed
by the City of Fort Collins
123. Liens -Liens, rharges, security interests or
encumbrances upon real property or personal property.
1.24. Milestone --A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
1.25. Notice oj.4ward—A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
1.26. Notice to Proceed —A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTORS obligations under the
Contract Documents.
1.27. OfVAER—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 partofthe Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion,of all the Work
129. PCBs —Polychlorinated biphenyls.
1.30. Petroleten—Petroleum, including crude oil or arty
fraction thereof which is liquid at standard conditions of
tern rare 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 mired with other rion-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 irnlicated elsewhere in the Contract
Documents
1.32.a Radkiaciive Material —Source, special nuclear, or
by material as defined by the Atomic Energy Act of
EXI)C GENERAL CONDITI ONS 191 OS (1990 EWitiw)
w/ CITY OF FORT COLLIM MODIFICATIONS (REV 4200o)
1954 (42 USC Section 2011 et seq.) as amended from
time to time.
1.32.b. Rezidar No&rtz Holes -Regular working hours
are defined as 7:00am to Mira unless otherwise
anecified in the General Requirements.
1.33. Resident Project Representative -The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof
1.34. Samples —Physical examples of materials,
equipment, or workmanship that are representative of
some potion of the Work and which establish the
standards by which such portion of the Work will be
judged
1.35. Shop Drawings —All drawings, diagrams,
illustrations, schedules and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted _by CONTRACTOR to
illustrate some portion of the Work.
136. Sped
,fications—Those portions of the Contract
Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto.
1.37.. Subcontractor --An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site.
1.38. Substantial Completion —The Work (or a
specified part thereoQ has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGINEER's definitive certificate of Substantial
Completion. it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGiNEER's written recommendation of
final payment in accordance with paragraph 14.13. The
terms "substantially complete" and 'substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof
139. Supplementary Conditions —The part of the
Contract Documents which amends or supplements these
General Conditions.
1.40. Suppber--A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
furnish materialsor equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor.
1.41. Underground Facilities —All pipelines. conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
urderground to furnish any of the following services or
1
1
1
1
1
materials: electricity, gases, steam, .liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work —Wont to be paid for on the basis
of unit prices.
1.43. Work —The entire completed construction or the
various separately identifiable pans thereof required to be
furnished under the Contract Documents. Work includes
and is the result of performing or furnishing labor and
furnishing and mcorporating materials and equipment into
the construction, and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents.
1.44. Work Change Directive —A written directive to
CONTRACTOR, issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in pamgraph4.2 or 4.3 or to
emergencies under paragraph6.23. A Work Change
Directive will not change the Contract Price orthc Contract
Times, but is evidence that the parries expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as, to its
effect, if airy, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. Written Amendnenr—A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2—PRELMMARY b1ATTERS
Delivery ojBonds:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER CONTRACTOR shall also
deliver to OWNER such Bouts as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies ojDoeumenLe
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the. Work. Additional copies
will be furrshed, upon request, at the cost of reproduction.
Commencement ofContract ,Times; Notice to Proceed:
2.3. The Contract Times will commence to tun on the
thirtieth day after the Effective Date of the Agreement or,
EXMC GENERAL CONDIMOM 19t" (1990 Edum)
cot QTY OF FORT COLLIM MODIFICATIONS (REV •12000)
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed maybe given at
any time within thirty days after the Effective Date of the
Agreement
of -"opening o""thirtieth-ley-eft�tM-6fleetive-Bete
oEthe Agreemetkwhiehever�triseeelter
Starting the Work.
2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Tares commence to run,
but no Work.shall he date at the site prior to the date on
which the Contract Times commence to run
Before Starring Constmction:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures shown thereon and all applicable
measurements. CONTRACTOR shall promptly report in
writing to ENGINEER any conflict; erns, ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
thereby; however, CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error. ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew orrcasonably
should have known thereof.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
the times.(numbers of days or dates) for starting and
completing the various stages of the Work, including
any Milestones specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting, reviewing and
processing such submittal;
2.6.2.1. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Erimneer.
2.6.3. A preliminary schedule of values for all of
the Wort: which will include quantities and pries of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction. Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work
2.7. Before any Work at the site is started,
CONTRACTOR and 9%WiER shall eeeh deliver to the
ether GWNEIt with copies to meh additional :_ ni
in the
ENGINEER
certificates of insurance (and other evidence of instance
realms _requested by OWNER) which
CONTRA is required
to purchase and maintain in accordance with
paragraphs.5.4, 5..6and-54.
Preconshuction Conference:
2.8. Within twenty days afler the Contract Tunes 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
understandng amontg 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.
Inioally Acceptable Schedules:
2.9. Unless otherwise provided in the Contract
Documents,
Application fbr-� before any work at the site begins
a conference attended by CONTRACTOR, ENGINEER
and others as designated by OWNER will be
held to review or acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2.6. and Division 1 - General Requirements
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to,mmplete and resubmit
the schedules No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below. The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract Times but such acceptance will neither impose on
ENGINEER responsibility for the sequencing. scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR's full
responsibility therefor. CONTRACfOR'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
CONTRACfOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
A\IENDIr`1G, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concenurg the Work The Contract Documens are
complementary; what is cabled Eor by one is as bud ng as t
called fo by a1L The Contract. Documents will
be
construed in accordance with the law of the place of the
Project.
3.2. It is the intent of the Contract Documents to
EJCDC OENEFLAL CONDMON51910-8 (1990 E(ilim)
M CITY OF FORT COLLIM MODIFICATIONS (REV 4l7000)
describe a functionally complete Project (or part thereon)
to be constructed in accordance with the Contract
Documents.. Any Wok materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
performed whether or not specifically called for. When
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Wok, 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.
33. Reference to Standards and. Specifications of
Technical Societies Reporting and Resolving
Discrepancies:
3.3.1. Reference to standards, specifications,
manuals or cotes of any technical society, organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or
Regulations in effect at the time of opening of Bids (or,
on the Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Documents.
3,3.2. If. during the performance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of arty such Law or Regulation
applicable to the performance of the Work or of any
such standard specification, manual or code or of any
insructoh of any Supplier referred to in paragraph 6.5.
CONTRACTOR shall report it to ENGINEER in
writing at once, and. CONTRACTOR shall no
proceed with the Work affected thereby (kept in an
emergency as authhoriad by paragraph 6.23) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
peragaph3.5 or 3.6; provided however, that
CONTRACTOR shall no be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known. thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
3.3.3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
No provision of arty such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER CONTRACTOR or
ENGINEER, or any of their subcontractors; consultants,
agents or employees from those set forth in the Contract.
Documents, nor %hall it be effective to assign to OWNER,
ENGINEER or any of ENGiNEETs Consultants, agents or
employees any duty or authority to supervise or direct the
fumishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9.13 or airy other provision of the
Contract Doauents.
3.4. Whenever in the Contract Documents the terms "as
ordered",. "as directed", 'as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable". 'suitable", "acceptable". "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGEVEER 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 913 or any other provision of the
Contract Documents.
Amending and Sapplemenring Contract Dx ments
3.5. The. Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in ore or
more of the following ways:
3.5.1. a formal Written Amendment,
35.2. a Change Order (pursuant to paragraph 10.4),
or
EXDCGENERAL CONDITIONS 1910-5 (1990 E(EUm)
w/ CITY OF FORT COLUNS MODIFICATIONS (REV 412000)
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract
Documents may be supplemented, and mina variations
and deviations in the Work may be authorized, in one or
more of the following ways:
3.6.1. A Field Order (pursuant to paragraph 9.51
3.6.2. ENGINEMs approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEMs written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse of Documents.
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furrashing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rightsin any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or hearing the seal of ENGINEER or
ENGINEER's Consultant, and (ii) shall not muse any of
such Drawings, Specifications, other documents or copies
on extensions of the Project or. any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER
ARTICLE 4—AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
Availabi6ry ojLarn&
4.1. OWNER shall famish, 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 ()eon raesomablaw ttew rrer>z x
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so furnished with which CONTRACTOR will have
to comply in performing the Wort:. 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 to
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 I and 12.
CONTRACTOR shall provide for all additioral lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.1. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of.
4.2.1.1. Subsurface Conditions: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents,
and
4.2.1.2. Physical Conrbtions. Those drawings of
physical conditions in or relating to wasting surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents.
4.22. Limited Reliance by CONTRACMR Authorized,
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such 'technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER. ENGINEER or any of
ENGINEER's Consultants with respect to:
4.2.2.1. the completeness of such reports and
drawings for CONTRACTOR's purptssc%
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
4.22.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data, interpretations, opinions or
informatics
4.2.3. Notice of Differing Submvface or Physical
Comlilions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either.
4.2.3.1. is of such a nature as to establish that
any 'technical data" 'on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2;1 and
4.2 2 is materially inacerate, or
4.2.32. is of such a rmture as to require a
charge in the Contract Documents, or
4.2.3.3. differs materially from that shown or
EJCDC OENERAL CONDITIONS 1910-5 (1990 Editim)
w/ CITY OF FORT COLLIM MODIFICATIONS (REV 421001
indicated in the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs
materially from coalitions ordinarily encountered
and generally recognized as inherent in work of
the character provided_ for in the Contract
Documents; then
CONTRACTOR shall, pr+aalptly immediately after
becoming aware thereof and before father disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragmph6.23), notify OWNER and
E�Ii GTNEER in writing about such condition.
CONTRACTOR shall no further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4.2.4. £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. Possible Contract Documents Change: If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4.2.3. a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change.
4.2.6. Possible Price and Times A#ushwnts: An
equitable adjustment in the Contract Price or in the
Contract Timm or both, will be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's cast
of or time required for performance of the Work; subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 42.3.4, inclusive;
4.2.6.2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment;
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
paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if,
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination. investigation, exploration,
test or study of the site and contiguous
areas required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to. CONTRACfOR's making such final
commitment; or
4.2.6.4.3. CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
enticement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles I l and 12. However, OWNER, ENGINEER and
ENGML ER's Consultants shall not be liable to
CONTRACTOR for any claims, casts, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project
4.3. PhysiorlCondtions-UndagroundFacilities:
4.3.1. Shown or Indcated: 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 shell riot be
responsible for the accuracy or completeness of any
such information or data; and
4.3.11. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall Have full responsibility for. (i) reviewing and
checking all such information and data, (6) locating
all Underground Facilities shown or indicated in the
Contract Documents,(iu) coordination of the Work
with the owners of suds Underground Facilities
during construction, and (iv) the safety and
protection' of all such Underground Facilities as
provided in paragraph 6.20 and repairing airy
damage thereto resulting from the Work.
4.3.2. Mot Shown or Lkbeate& If an Underground
Facility is uncovered or revealed at or contiguous to
the she which was not shown or indicated in the
Contract Documents, CONTRACTOR shall, prompNy
immediately after becoming aware thereof and befpor_e
further disturbing conditions affected thereby or
performing any Work in connection therewith (except
in an emergency as required by paragraph6.23),
identify the owner of such Underground Facility and
EJ WOEN RAL CONDlnoNs 1910s (1990 Edtim)
wt CITY OF FORT CO LLINS MODIFICATIONS (REV •12000)
give written notice to that owner and to OWNER and
ENGINEER ENGINEER will promptly review the
Underground Facility and determine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility, If
ENGINEER concludes that a change in the Contract
Documents is required, a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences. During
such time, CONTRACTOR shall be responsible for
the safely and protection of such Underground
Facility as provided in pempph6.20.
CONTRACTOR gm4 maybe allowed an increase in
the Contract Price or an extension of the Contract
Times, or bah, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated If OWNERand CONTRACTOR
are unable to agree. on entitlement to or the amount or
length of any such ad)'usta ent in Contract Price or
Contract Tunes, CONTRACTOR may make a claim
therefor asprovided in Articles I I and 12. However,
OWNER, ENGINEER and ENGWEER's
Consultants shall not be liable to CONTRACTOR for
any claims, casts, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project
Reference Points:
4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed With the Work.
CONTRACTOR shall be responsible for laying out the.
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs, Petroleum, ffazardous Waste or
Radioactive Material:
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum; Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which. was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
proppeerty exposed thereto in connection with the Work
atthe site: OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible:
,, e•
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based en a reasonable belief it is tinsele, or does no
SuGh
certoitiaBF?-may-Irdef-such-portten-ef
condition ef in sueh affeeted area to be deleted &am
the Wadi. if OkWIER and GQWPR_AGTQR can-ast
agr�esto-entillamalEto or-tlte ametatt-oFz�tettEo€en
the
ifiile1
-pOfty-maymali.3-a-GlalnT-F11dFdfOF-aS jNcri'-I(led-lR
peFNcxr-e�thrWoFlrptrfomtzd-by-61�36&'satvn
feFamaF-ethersm aoGordanca-with- *,.4w6 7-
. c " To the cull... -.»._. »..� �... r....M ..�
Regulatlo:.�LUNER-shalt-wdemnify-end-hold
less
OP< SubsontracteFs
oiftsefs, directops�—etttployees,—agettts—otheF
cDnsuk sd-abcuritfmteFs of-e"h-and-any-of
own -negligence,
EXVC OENMAL CONDITIONS 19105 (1990 E"M)
w/ CITY OF FORT COLUI- 4 MODIFICATIONS (REV 42000)
ARTICLE S-f1OPM AND INSURANCE
Performance, Payment and Other Bonds:
5.1, CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when fatal payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be exccuted by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable _ Reinsuring Companies" as published in
Circular570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, U.S. Treasury
Department All Bonds signed by an agent mast be
accompanied by a certified copy of such agent's authority
to act
5.2. If the surety on arty Bond famished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thaeatler substitute another Bond
and surety, both of which must be acceptable to OWNER
53. Licensed Sureties and Insurers; CeKifeates of
Insurance:
5.3.1. All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds o insurance policies
for the limits and coverages so required Such surety
and insurance companies shall alsc taut such
additional requirements and qualifications as may be
provided in the Supplementary Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5.4. QV44ED-shall
edditiurtel-ittseued-idetttifted-irrtlte-Set
.e.c ...._..,.c.....e _...c
m m m m m = = m m m m m m m m m m = m
11
I
CONTRACTOR's Liability Insurance:
5.4. CONTRACTOR shall purchase and maintain such
'
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACTOR's performance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR any
Subcc nuactor or Supplier, or by anyone directly or
indirect] employed by any of then to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable:
5.4.1. claims under workers' compensation disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury,
occupational sickness or disease, or of
,death
CONTRACTOR's employees;
3.4.3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5:4:4-e6ima for-damages-ittsred-by- ustomary
sustainet
incliretre�atake-the'amployment-of-Sian-persoy n-!i
Other reason;
5.4.5. claims for damages, other than to the Work
itself because of injury to or destruction of tangible
-loss
property wherever located, including 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
liabihty), OWNER; ENGINEER, ENGINEER's
Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
'
the respective officers and employees of all such
additional insureds;
5.4.8. include the specific coverages and be written
for less than the limits liability
not of provided in the
Supplementary Conditions. or required by Laws or
Regulations, whicheverisgreater;
5:4.9. include completed operations insurance;
EXDC GENERAL COMMONS 19IM (1990 Edtim)
w/ CITY OF FORT coLLi m MODIFICATIONS(REV 4R000)
1
5.4.10. include contractual liability insurara e
covering CONTRACTOR'S indemnity obligations
under paragraphs 6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed_or renewal refused until at least thirty days
pnor written notice has been given to OWNER and
CONTRACTOR and to each otter additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so
provide);
5.4.12. remain in effect at least until final payment
and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing defective Work
in accordance with paragraph 13.12; and
5.4.13. with respect to completed operations
insurance, and any insurance coverage written on a
claims -made basis, remain in effect for at least two
years after final payment (and CONTRACTOR shall
furnish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment and one year thereafter).
OWNER's Liability Insurance:
5.5. In addition to insurance required to be provided
by CONTRACTOR under paragraph5.4. OWNER, at
OWNER's option, may purchase and maintain at
OWNERS expense OWNER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents,
Property Insurance:
5.6—Unkss otherwise-provided-in-the-&ppkmettriry
9. C-orditions-0WF3Eli-shtell-purchase-arid-meitxein
he welif at dse site at Ole affie"M
,fop
of -the fuN raplesenxr}t-cost-tltcvee� (sttbjea-to-suo}t
daductihla-emottnts--e.�may-be- faovidad-in-tha
Supplementary- EondiFions-or-reeµired-by-Laws-and
Ragsletwns}-TMisinsurenea*shwlhe
S6: i—itretude--the—uearast�o�9N�iEi$
GQ*ITRtN'TOP, S•bsentraate, EN6g1B6FL
entities -identified in
c�aeheEwhom-�to lmve-turvrrtrabla-intarest
arid-ssialbbedisiet{eser�iinsurndoFttd#ikionaEinsured;
5:6�-be wriuett Dena-Suildds Disk eth risf =eu
oocaraga-t-+letx6�tism-andHne�ieevs-miseniet:
„u'ured-vrtha-repair
rep eur«l wmnent-9any-unPr )Lkw ludut-but DGA
1.-,.,a r...... -..a _�._�..... ..r a- ..-a
erc}uteets} - -
eF ea another-leeatiwrthet-was egraad-te-in-writing-by
previded-that-suoh meteFiels-an6equipment hava-bee
n
BR:-atcl
T. GAVi Z-R mall ... r.L...... and mairmin .eh Hill
as-may-he-raquued-by-the-Supplementary-6mtdNiwts-ot
PIGW'EEWs COaatltaats-arxi-any-edger-patserc�Ex-entities
is deemed te have aft iftsufable interest and shall be fisted
maim ltilpare$:api15 56
oevamga-e�ordad-wiN-no�be-amtcefled-ot-matarieNy
clterged oFratxwaErafivati-until at-Iaest thiRy-daysprior
written-notiee- as beer. given--te-GMINEE%and
wham-e-certifttcate-of-insumnae-has-bean-issaed and -well
een�ein—waiveF provisions —in —accordance with
pare"h 5..11.
5.9. OWNER shah not be responsible for purchasing
and maudairimg any property insurance to protect the
interests of CONTRACTOR Subcontractors or others in
idartifml-irrtfte-SupPlmtmtety-Conditwr&- The-nslr-of
such-less-arrd-eE-any-o�tham-wishes-Preperty=msittaaee
caveragz-within-thr-Emits-eFsuch-emount�each-may
purobasaundmeimaittibabthe-puiehasat's-uwo-ewpensa.
EJCDCOENEM COMMTIONS 1910-5 (1990 E I im)
10 MCITYOF FORT COLLIM MODIFIC.ATIONS(RI:V4()G00)
«xmmaasomalt-e�tnawerket-tnssita-9a�t6R-shal�in
5_H4_.�n&GGNTP'AC�t-aN
policepwchasad uttlscorciartwith pacegraftHs 56
saF>�,a8atv<x—lrslyi��e�tslslz:9
lg�.q And
it+Rveds-a-edditioml!-ietutradstrf stdrpo4ieie¢and
damages-caused-by-the-peri#s ,"severed-thereby--NI�Fevisiem to the effeet that
payable-undepeny-pelWsoissue&
eg Oil
_. besxttractors;
o€[est%-diFeetors omploye and-agents-ef-any-of
sham for:
o�ase-rx-cxher-aonsaquamiel-floss-e.�ttanding
.beyond-direst-physical-kris-er-demaga-to
whetheeu not- red-ng frary €tro-or-other petd
w•hethaFOFrax-issued- and
ry. � 1. IMY• M. � I. IhI l i
Receipt andApplicadon oj/nscranceProceed:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of airy applicable mortgage clause and of
paragraph 5.13. OWNER shall deposit in a separate
account any money so received and shall distribute it in
accordance with such agreement as the parties in interest
may reach If no other special agreement is reached the
damaged Work shall be repaired or replaced the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment.
5.13. OWNER as fiduciary shall have power to a ust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers .. .
IIIr TICD .. ---- 1.....,! r..�
u,'a.'r«v��":Tn,."m—=IBfj'—.a�axr-—wrxr,vritle
.Acceptance ojBands and Insurance; Option to Replace:
5.14. If
OWNER has any abjection to the coverage afforded by or
other provisions of the Bonds -or insurance required to be
purchased and maintained by the ether --poky
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents. the
in writing within Fen
the certificates (o=otl
Partial UflG7ation—Propertylnsurance:
5.15. If OWNER fads it necessary to occupy or use a
portion or portions of the Work prior to Substantial
EJCDC OENEM CONDnTors 191018 (1990 Edtim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.I0-,
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
chances in coverage necessitated thereby. The iinurem
providing the property insurance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6—CONTRACTOR'S
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method• technique, sequence or
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during is progress a competent resident
superintendent who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances, The superintendent will be
CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the superintendent shall be as binding
m if given to CONTRACTOR
Labor, SfalerialsandEgripment:
6.3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
goad discipline and order at the site. Except as otherwise.
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and
except as otherwise indicated in the Contract Documents,
all Work at the site shall be performed during regular
working hours and CONTRACTOR will not permit
overtime work or the performance of Work on Saturday,
Sunday or any legal holiday without OWNER'S written
consent given after prior written notice to ENGINEER.
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours in advance of any Work to be
performed on Saturday. Sunday. Holidays or outside the
Regular Working Hours.
m
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.
641 Purchasing Restrictions: CONTRACTOR
must comply with the City's purchasing restrictions. A
COPY of the resolutions are available for review in the
offices of the Purchasing and Risk Management
Division or the City Clerk's office.
64.2 Cement Restrictions: City of Fort Collins
Resolution 91-121 requires that suppliers and producers
of cemcra or produce containing cement ro certify that
the cement was not made n cement kilns that burn
hazardous waste as a fuel
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Docmnents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, installed connected, erected,
used, cleaned and conditioned in accordance with
instructions of the applicable Supplier, except as otherwise
provided in the Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress
schedule established in accordance with paragraph 2.9 as it
may be adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER
for acceptance (to the extent indicated in
Tomgraph2.9) proposed adjustments in the progress
schedule that will not change the Contend Times (or
Milestones). Such adjustments will conform generally
to the progress schedule then in effect and additionally
will comply with any provisions of the General
Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will charge the Contract. Times (or Milestones)
shall be submitted in accordance with the requirements
of paragraph 12.1. Such adjustments may only be
made by a Change Order or Written Amendment in
accordance with Article 12.
6.7. Substitutes and "Or -Equal" Items
6.7.L Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function and quality
required ' Unless the specification or description
ECDCOENFxat CONDITIOM 191os (1999 EMM)
12 w/ CITY OF FORT COUIM MODIFICATIONS(REV-1120N)
contains or is followed by words reading that no like.
equivalent or "or -equal" item or no substitution is
permitted, other items of material a equipment or
material or equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances:
6.7.1.1. "Or -Equal" If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that
no charge in related Work will be required, it may
be considered- by ENGINEER as an "or al"
item, in which case review and approval of the
proposed item may, in ENGINEER's sole
discretion, be accomplished without compliance
with some a all of the requirements for
acceptanceof proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under atbparagraph 6.7.1.1, it
will be considered a proposed substitute item.
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor.
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
ENGINEER from anyone other than
CONTRACTOR If CONTRACTOR wishes to
furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the general design, be similar
in substance to.that specified and be suited to the
same use as that specified. The application will
state the extent; if any, to which the evaluation
and acceptanceofthe proposed substitute will
prejudice CONTRACTOR'S achievement of
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work an the
Project) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the Work is
subject to payment of any license fee' or royalty.
All variations of the proposed substitute from that
specified will be identified in the application and
available maintenance, repair and replacement
service will be indicated. The application will
also contain an itemized estimate of all casts or
credits that will result directly or indirectly from
acceptance of such substitute. including casts of
redesign and claims of other contractors affected
I
[1
I
11
1
1
1
by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute. ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
6.7.1.3. CONTRACTOR'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 Construction Methods or
Procedures: If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute' mearts, method technique, sequence or
procedure of costruction 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 6.7.1.24.
6.7.3. Engineers Evaluation: ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the
sole judge of acceptability. No "or 1" or
substitute will be ordered installed or utilized without
ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop. Drawing. OWNER may require
CONTRACTOR to furnish at CONTRACTOR's
expense a special performance guarantee or other
surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
6.7.2 and in making changes in the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned thereby. Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such
proposed substitute item.
6.9. Concerning Subcontractors, Suppliers and
Others:
' 6.8.1. CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6.8.2), whether
initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection.
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
EXIX GENERAL CONDITIONS lvlas t1990 E(setn)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
6.9.
CONTRACTOR shall perform not less than 20
percent of the Work with its own forces (that i&
without subcontracting). The 20 percent requirement
shall be understood to refer to the Work the value of
which totals not less tltart20 percent of the Contract
Price.
6.8.2. IthrStrpplementery—Gottditions Bidd ne
Documents require the identity of certain
Subconnactos, Suppliers or other persons or
organizBtions (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER '
date prior to the Effective Data of the AgreemenI fa
acceptance by OWNER and ENGINEER, and—tf
rnLmnAGTO has _bm*ttedlist theme
aeeefdame with the supplementary Gundifiefik
OWNER's or ENGINEER'S acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) of
dejecirve Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all aces 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
create for the benefit of any such Subcontractor.
Supplier or other parson or organization any
contractual relationship between OWNER or
ENGINEER and any such Subcontractor, Supplier or
Other person or oaganiation, nor shall it create any
obligation on the part of OWNER or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or.
organization except as may otherwise be required by
Laws and Regulations. OWNER or ENGINEER may
furnish to any subcontractor, supplier or other person
or organization evidence of amountspaid to
CONTRACTOR in accordance with
CONTRACTOR'S "Applications for Payment
13
6.9.2. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR. CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizations performing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of anDrawings 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
appprrooppnnaate agreement between CONTRACTOR and the
Subconractor or Supplier wbtirh specifically binds the
Subcontractor or Supplier to the applicable temps and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER. Whenever Raw such aweemen
GCRY\GTOR--atd-Ow-Sube lntraotoFOFsnpplleFwtil
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product or device which
is the subject of patent rights or copyrights held by others.
If a particular inwenton, design, process, product or device
is specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullesst extent permitted by Laws and Regulations.
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
udivrgement of patent rights or copyrights incident to the
use in the performance of the Work or resulting kom the
incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
Documents.
EXMC GENER,IL CONDITION51910.8 (1990 Edalm)
14 w/QTY OF FORT COLLIM MODIFICATIONS(REV 4/2000)
Permits.
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for allll
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses: CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees.
6.14. Lana andRegufations.
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulatiorm neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
Regulations.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom-, however, it shall
not be CONTRACTOR's primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3.3.2.
Taxes.
6.15. CONTRACTOR shall pay all sales, consumer,
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6.15.1. OWNER is exempt from Colorado State and
local sales and use tares on materials to be
permarxndv inncorporated into the project. Said taxes
sha11 not be included in the Contract Price.
CONTRACTOR most a roly far. and rweive, a
Certificate of Exemption from the Colorado
Department of Revenue for construction materials to
be physically incorporated into the project This
Certification of Exemption provides that the
CONTRACTOR shall neither pay nor include in his
Bid Sales and Use Takes on those building and
construction materials physically incoruorated into
the proiecl.
Address:
Colorado Department of Revenue
State Capital Annex
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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 ncluded in the Certification of
Exemotion
All applicable Sales and Use 'faxes (intcludrg State
collected taxes), on any items other than construction
and building materials Physically incorporated into the
o'ect are to be id CONTRACTOR and are m
mcluded in aoorooriate bid items.
Use of Prenuser
6.16. CONTRACTOR shall confine construction
oquipmenl, 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 lard and areas permitted by Laws and Regulations,
.rights -of -way, permits and easements; and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work. Should any claim be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER. ENGIAIEER's
Consultant and anyone directly or indirectly employed -by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action legal or equitable, brought by any such owner or
occupant against OWNER ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the
Work At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials. CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work. CONTRACTOR shall restore to
original condition all property not designated foralteration
by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any pan
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:
E)MC GENERAL COND1110M 19104 (IM Edtim)
w/ CITY OF FORT COLLIM MODIFTCATION3 (REV 42000)
6,19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives,. Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9,4) in good order and annotated to show all
changes made during construction These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion
of the Work, and prior to release of final payment, these
record documents, Samples and Shop Drawings will be.
delivered to ENGINEER for OWNER.
Safety and Proteedon:
6.20. CONTRACTOR stall 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 oQ and shell provide the necessary protection to
prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work,
6.20.2. all the Work and materials and equipment to
be incorporated therein whether in storage on or off
the site: and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution The Work may affect them; and shall
cooperate with them in the protection removal, relocation
and replacement of their property. All damage, injury or
toss to any property referred to in paragraphs 6.20.2 or
6.20.3 caused, directly of indirectly, in whole or in pan, by
CONTRACTOR, any Subcontractor, Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or furnish arty of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts any of them may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor. Supplier or other person or organization
directly or indirectly employed by any of them).
CONTRACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued a
15
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except. as
otherwise ecpressly provided in connection with
Substantial Completion).
6.21. Safety Represenrvirve.•
CONTRACTOR shall designate a qualified and
e.,qerieneed safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs.
6.22. CONTRACTOR shall be respormble for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Fvnergencier
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that arty 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 actiontaken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action
6.24. Shop Drawings and Samples:
6.24:1. CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions, specified performance and design crterm,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6.26.
6,24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
dearly as to material Suppfier, peninem data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
EXTC GENERAL CONDITION81910-8 (1990 E"on)
16 M pTy OF FORT COLUMMODIFiC4TIONS(REV 4R000)
purposes required by pamgaph6.26. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample. CONTRACTOR shall have determined and
verified:
6.25.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation requrements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to untended
use, fabrication, shipppp'irg. handling, storage,
assembly and unstallation pertainmg to the
performance of the Work; and
6.25.1.3. all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requrrements of the Work and the Contract
Documents
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal: and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation
6.26. ENGINEER will review and approve Shop
Drawings I and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER's
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER's review and approval will not
Mend to means, methods; techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
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oontsuuction is specifically and expressly called for by the
Contract Docanents),or to safety precautions.or programs
incident thereto. The review and approval of a se to
item as such will not indicate approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval.
CONTRACTOR shell direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals
6.27. ENGINEQ2's review and approval of gs Shop
Drawinor Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such
variation at the time of submission as required by
paragraph 6.25.3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanyi g the Shop
Drawing or Sample approval; nor will any approval by
ENGINEER relieve WNTRACTOR from responsibility
for complying with the requirements of paragraph 6.25.1.
6.28. Where. a Shop Drawing or Sample is required by
the Contract Documents or the schedolc of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 2.9, any related Work performed
prig to ENGINEERN review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR
Continuing the Work:
6.29. CONTRACTOR shall pry 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 cc as
OWNER and CONTRACTOR may otherwLse agree in
writing.
6.30. CONTRACTOR's General Warranty and
Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be riafective.
CONTRACTOR's warranty and guarantee hereunder
excludes defects or damage causal by:
6.30.1.1. abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR Subcontractors or Suppfiers; or
6.30.1.2. normal wear and tear under normal
usage.
6.30.2. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
EJCDC GENERAL CONDITIONS 191M i1990 6(Itim)
car CITY OF FORT COLLINS MODIFICATIONS (REV d2000)
accordance with the Contract Documents or a release
oECONTRACTOR'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 Contact
Documents;
6.30.2.4. use or occupancy of the Work or any
part thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any
failure to do so;
6.30.2.6. any review and approval of a Shop
Drawing of Sample submittal or the issuance of a
notice of acceptability by ENGINEER pursuant
to paragraph 14.13;
6.30.2.7. any inspection, test or approval by
others;'or
6.30.2.8. any correction of defective Work by
OWNER.
fndenrrrifncadon:
6.31. To the fullest extent permitted by taws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER ENGINEER's
Consultants and the officers, directors, employees,agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage:
(i) is attributable to bodily injury, sickness, disease or
death. or to injury to or destruction of tangible proppeerty
(other than the Work itself), including the loss of. use
resulting therefrom, and (u) is caused in whole or in pail
by any negligent act or omission of CONTRACTOR any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
6.32. In any and all claims against OWNEP or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
17
any of them to perform or human any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph6.31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or am such Subcontractor, Supplier of
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnifimtiot obligations of
CONTRACTOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents mused by the
professional negligence, errors or omissions of any of them.
Sanivett of Obligations.*
6.34. All representations, indemnifications, warranties
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will
survive final payment, completion and acceptance of the
Work and termination or completion of the Agreement.
ARTICLE 7-OTHER WORK
Related iVmk at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(il) 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 unable to agree as to the amount or extent thereof
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWINITIR, if OWNER is performing the
additional work with OWNER' employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGMER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
EX13COENEILAL CONUTIONS 191" (1990 EMM)
Is w/CITY OF FORT COLLIM MODIFICATIONS (REV 4110061
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 ofany part of
CONTRACTOR's Work depends upon work performed
by others under this Article 7. CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR's
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
7.4. If OWNER contracts with others for the
performance of other work on the Project at the site, the
following will be set forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
7-4.2. the specific matters to be covered by such
authority and responsibility will be itemized; and
7.4.3. the extent of such authority and
responsibilities will be provided
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination.
ARTICLE S-OWNER'S RESPONSBILITUES
8.1. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer against
who �rto-uYasarmbk-ebjeetieft
whose status under the Contract Documents shall be that.
of the former ENGINEER:
8.3. OWNER shall furnish the data required of
OWNER tinder the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided, in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands
and easements and providing engineering surveyyss to
establish reference pouts are set Corth N paragraphs4.1
and 4.4. Parsgraph4.2 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